The URL can be used to link to this page

09-10-91 Regular lJT . . CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 1991 - 6:00 P.H. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS RULES FOR PUBLIC PARTICIP.a.TION 1. PUBLIC COMMENT: The public is encouraged to offer comments. However, as a general rule, the order of presentation shall be as follows: City Staff, comments by the public, Commission discussion and official action. City Commission meetings are business meetings and as such, the Commission retains the right to limit discussion on any issue. In most cases remarks by an individual will be limited to three minutes or less (10 minutes for group presentations). The Mayor or presiding officer may adjust the amount of time allocated at his/her discretion. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items :' When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Mee~ing, those individuals wishing to address public hearing andlor non-agendaed items should complete the sign-in sheet located on the right side of the dais. If for some reason you are not able to complete the sign-in sheet prior to the start of the meeting, you will not be precluded from addressing the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to make your comments, kindly complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state, for the record, your name and address. All comments will be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred from speaking further to the Commission by 'the presiding officer, unless permission to continue or again address the Commission is granted by majority vote of the Commission members present. . Agenda Meeting of 9/10/91 APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the tes~imony 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. Agenua approval. Action: Motion to approve. 5. Approval of Regular Meeting minutes of August 27, 1991 and Special Meeting Minutes of September 3, 1991. 6. Proclamations: A. Respiratory Care Week - October 6 through 12, 1991. B. Constitution Week - September 17 through 23, 1991. 7. Presentations: A. Certifica"te of Appreciation from the Florida League of Cities. 8. Consent Agenda: City Manager recommends approval. A. ACCEPTANCE OF AN EASEMENT: Accept a submerged land easement from the Florida Department of Natural Resources, Division of State Lands which provides for an off-shore borrow area in conjunction with the Beach Renourishment project. B. REQUEST FOR WAIVER OF THE LANDSCAPE CODE: Approve a request from Polly Noe Antiques for a waiver to the Landscape Code to allow their rear parking area to encroach into the required five foot landscape setback. Historic Preservation Board recommends approval. C. SERVICE AUTHORIZATION NO. 7/0'BRIEN, SUITER, O'BRIEN: Approve Service Authorization No. 7 in the amount of $1,500 for surveying services necessary to provide boundary surveys and legal -2- Agenda Meeting of 9/10/91 descriptions for the access easement and temporary and permanent sites for Fire Station No. 5. Funding is available in Decade of Excellence Bond Issue (Account No. 225-2311-522-61.57) . D. RESOLUTION NO. 65-91 : A Resolution assessing costs for abatement action required to demolish an unsafe structure at 628 S.H. 4th Street. E. AWARD OF BIDS AND CONTRACTS: A. Computerized Irrigation System- Hector Turf in the amount of $62,931.42 with funding from ($50,000) - General Construction Fund Parks and Recreation/Irrigation and Landscape (Account No. 334-4170-572-65.12) . Account balance $50,000) and ($12,931.42) - Parks and Recreation Repair and Upkeep Buildings (Account No. 001-4131-572-33.31) . Account balance $19,151. B. Rental Rehabilitation - 146 S.W. 12th Avenue- Abissett Corp. in the amount of $13,247.50 with funding from Community Development Block Grant Housing Rehab (Account No. 118-1975-554-34.81) . Matching grant program applicant's share $13,247.50. Account balance $116,891. 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 27 through September 9, 1991. B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/MALDEN CORPORATION: Consider an appeal of a Site Plan Review and Appearance Board decision to deny a request to use grayish-blue asphalt shingles to re-roof a portion of a white Bermuda tile roof on the Ocean City Marina building located at 777 Palm Trail. C. ACCEPTANCE OF FINAL REPORT: Accept the final report on the Banker's Row Program for Reuse and Restoration and direct staff to implement the recommendations as set forth in that report. D. GOLF COURSE RESTAURANT ROOF REPAIRS: Authorize staff to proceed with repairs to the Golf Course restaurant roof. E. APPOINTMENT TO THE GENERAL EMPLOYEES RETIREMENT COMMITTEE: Appoint a member to the fill the unexpired term of Edward A. Zuraw. F. STATUS REPORTILICENSE AGREEMENT ISAN CHARTERS, INC. D/B/A STILLWATER CRUISES: The City Attorney will provide a verbal update on the status of the license agreement. -3- Agenda Meeting of 9/10/91 G. REQUEST TO PLACE SPECIAL EVENT SIGNS IN THE CITY'S RIGHT-Of-WAY: Consider a request from the Chamber of Commerce to place special event signs in the right-of-way on North and South Federal Highway and at various locations throughout the City from September 30 through October 5 , 1991 to advertise the First Annual Business Expo at the Delray Beach Mall. 10. Public Hearings: A. RESOLU'rION NO. 66-91: A Resolution to levy a tentative tax on all properties within the City of Delray Beach. City Manager recommends approval. B. RESOLUTION NO. 67-91: A Resolution making tentative appropriations of sums of money for all necessary expenditures of the City from October 1, 1991 to September 30, 1992. City Manager recommends approval. C. STORNWATER UTILITY: Adopt the non-ad valorem Stormwater Utility Assessment Roll. D. 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 (CBO) , General Commercial (GC) and Planned Commercial (PC) zone districts. E. 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. 1. REQUEST FOR CONDITIONAL USE APPROVAL: Consider a request for conditional use approval to operate a cruise boat and ticket sales at Veteran's Park. Planning and Zoning Board recommends approval. F. REQUEST FOR WAIVER OF THE SIGN CODE: Consider a request from the Hamlet Shoppes located at 4061 West Atlantic Avenue to erect a 96 square foot sign, 16 feet high and located in the setback where the Sign Code allows a maximum of 40 square feet in area and seven feet in height. City Manager recommends approval. G. 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. Planning and Zoning Board recommends denial (4-2 vote) . Community Redevelopment Agency recommends approval. -4- Agenda Meeting of 9/10/91 H. ORDINANCE NO. 57-91: An Ordinance 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). I. ORDINANCE NO. 59-91: An Ordinance correcting the zoning classl.fication for three parcels of land located on N.E. 6th Avenue south of N.E. 8th Street (O.C. Taylor) from GC (General Commercial) district to AC (Automotive Commercial) district and correcting the Official Zoning map. J. 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. 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. 58-91: An Ordinance correcting the zoning classification for a parcel of land located on the south side of Atlantic Avenue between Military Trail and the E 3 1/2 - 3 Lake Worth Drainage District Canal (Hamlet Subdivision) from R-1-AA (Single Family Residential) to R-1-A (Single Family Residential) and correcting the Official Zoning Map. If passed public hearing September 24th. B. ORDINANCE NO. 61-91: An Ordinance correcting the zoning classification for a parcel of land located on the west side of Federal Highv,"ay at 10th Street (Wallace) from GC (General Commercial) to AC (Automotive Commercial) and correcting the Official Zoning Map. Planning and Zoning Director recommends denial. If passed public hearing September 24th. C. ORDINANCE NO. 62-91: An Ordinance correcting the zoning classification for property located east of and adjacent to Interstate 95 and north of S.W. 6th Street (Surles) from OS (Open Space) to R-1A (Single Family Residential) zone district and correcting the Official Zoning Map. If passed public hearing September 24th. D. ORDINANCE NO. 63-91: An Ordinance rezoning the golf course property located within the Del Aire Golf Course subdivision from -5- I'." . . Agenda Meeting of 9/10/91 R-1AA (Single Family Residential) to OS (Open Space) zone district. Planning and Zoning Board recommends approval. If passed public hearing September 24th. E. ORDINANCE NO. 64-91: An Ordinance correcting an error contained within Section 2.4.7 (F) (2), of the Land Development Regulations, and extending the period of time during which the Special Adjustment Advisory Board may recommend correcting errors within the LDRs. City Manager recommends approval. If passed public hearing September 24th. F. ORDINANCE NO. 65-91: An Ordinance amending the Chapter 117 of the Code of Ordinances to increase the fee charged for a landlord permit from $11.50 to $13. City Manager recommends approval. If passed public hearing September 24th. G. ORDINANCE NO. 66-91: An Ordinance changing the rates for residential and commercial garbage and trash services; and changing the rates for residential recycling services. City Manager recommends approval. If passed public hearing September 24th. H. ORDINANCE NO. 67-91: An Ordinance amending Section 52.52 (A) of the Code of Ordinances to provide for a reduction in the penalty charged for late payment for utility services. City Manager recommends approval. If passed public hearing September 24th. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager D. Municipal and County Issues 1. Proposed County Charter Revision regarding the Palm Beach Countywide Planning Council. -6- 0-' , . . CITY 0: DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 1991 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS ADDENDUM NO. 1 THE REGULAR AGENDA IS AMENDED TO INCLUDE: H. ACCEPTANCE OF OFFER OF SETTLEMENT: Accept an offer of settlement in the amount of $22,850, inclusive of attorneys fees and costs to settle the City vs. Scurei eminent domain litigation. The City previously deposited $15,350 with the Registry of the Court when the property was acquired in October, 1989. City Attorney recommends settlement of this case. r. TRAFFIC SIGNAL INSTALLATION - S.W. 4TH AVENUE AND 10th STREET: Authorize the award of contract to SAS Signal Systems, Inc. in the amount of $30,382 for installation of a traffic signal at S.W. 4th Avenue and 10th Street with funding from Environmental Services Repair and Upkeep Traffic Signals (Account No. 001-3141-541-33.38) . Account balance $40,000. THE PUBLIC HEARING PORTION OF THE AGENDA IS AMENDED TO INCLUDE: C. l. RESOLUTION NO. 68-91: A Resolution setting forth the budget and rate schedule for the Stormwater Utility. , - -'::.:=..-----~'-'~_. ,--- -- - ~- - , -~ CITY DF DELRAY BEAtH 1 . ..:. , ::','~::- - - -, ' - - - --- ~,::._-....., ::'::.... -- - - ~- -- ! WHEREAS, our Founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States of America; and, WHEREAS, it is of the greatest import that all citizens fully understand the provisions and principles contained in the Constitution in order to support it, preserve it and defend it against encroachment; and, WHEP.EAS, the two hur.dred fourth anniversary of the Signing of the Constitution provides a historic opportunity for all Americans to learn about and recall achievements of our Founders, and to reflect on the rights and privileges of c~tizenship, as well as its attendant responsibilities~ and, WHEREAS, the independence guaranteed to the American people by the Constitution should be celebrated by appropriate ceremonies and activities during Constitution Week, September 17 through 23, 1991, as designated by proclamation of the President of the United States of America in accordance with Public Law 915, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim the week of September 17 through 23, 1991, as "CONSTITUTION WEEK" in the City of Delray Beach and urge all our citizens to pay special attention during that week to our Federal Constitution and the advantage of American Citizenship. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this lOth day of September, 1991. MAY 0 R THOMAS E. LYNCH . .._- '- ~ . - ~I . .. _. --- '---.-. .~ ~;I 8. = b .... ..... ~ .... ~ .0 ~ <D ~ u+- (/) C C ~ 0 ~ - 0 ~ (/) U .. .- m 3 Q-. (/) +- .Q2 .0 ~ u 0 +- - ~ ~ .- U u.c. U <D :J(/) ~ ~ (/) (/) o Q. ~ <D C <D Q. ~ .c. 0 ::J 0 +-:t= ~ o 0 ~ O}<D ~ +- > b o Q) ~ O}O ~ g ~ c c .- c ~ o .Ci) +- - ::J >- ..... "'0 (/) '+-+ ..Q+- .- +- e. -- -- ~ ~ .- ..:::U o (/) -"'0 c ~ L1- C e or- . .... <D <D u& ~ ~>< ..... . ~ r- . .... <D e> ~ <D ..... .c. +- ~ ~ 0 ~ e> 7/1 t A New Method for Sealing Sewer Systems - Delray Beach The city, together with Cormix Construction Chemicals, Altair Maintenance Services, Inc., and General Industrial Development Ltd. from Budapest, Hungary, introduced a new method for sealing sewer systems. The proc- ess, called Sanipor, works where saltwater seeps through cracks into a sewer system. After sec- tions of pipe are blocked off, the chemicals are pumped into the system. They seep through the cracks and form a seal outside the pipes. As a result, the sewer lines, service laterals and man- , holes are sealed in one operation. The process has been used in Europe for many years; however, this is the first time the technol- ogy has been used in North America. Contact: Al Montele- one, Superintendent of Water/ Sewer Network, Environmental Services Department, City of Delray Beach, 434 South . . - . ~~~ ~ M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~ 11 - MEETING OF SEPTEMBER 10, 1991 ACCEPTANCE AND AUTHORIZATION OF SUBMERGED LAND EASEMENT/BEACH RENOURISHMENT PROJECT DATE: SEPTEMBER 6, 1991 This item is before you to accept a submerged land easement from the Florida Department of Natural Resources, Division of State Lands, which provides for an off-shore borrow area to be used in conjunction with the City's beach renourishment project. The easement is in effect for 10 years from August 7, 1989. Recommend acceptance of an easement from the Florida Department of Natural Resources, Division of State Lands, which provides for an off-shore borrow area to be used in conjunction with the City's beach renourishment project, and authorization for the Mayor to execute the easement on behalf of the City. . . ~ OK ~ CITY COMMISSION DOCUMENTATION David T. Harden, City Manager /", TO: tdJ-j;,- FROM: John Walker, Project Coordinator DATE: August 20, 1991 SUBJECT: MEETING OF SEPTEMBER 10, 1991 BEACH NOURISHMENT PROJECT - BORROW AREA EASEMENT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of acceptance of a submerged land easement from the Florida Department of Natural Resources, Division of State Lands and authorization for the Mayor to execute the easement on behalf of the City. BACKGROUND: The submerged land easement covers the borrow area for the Beach Nourishment Project. This is the area from which sand will be dredged and pumped onto the beach. The easement is required as part of the State construction permit process. The application for the borrow area easement was approved by Commission in Resolution No. 33-89, dated June 27, 1989. RECOMMENDED ACTION: By motion, accept the submerged land easement and authorize the Mayor to execute the easement. Attachment JW/#4/DNR3.TXT ( /', RESOLUTION NO. 33-89. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORDIA. REQUESTING APPROVAL OF A SUBMERGED LANDS EASEMENT FROM THE STATE OF FLORIDA AND A WAIVER OF DREDGE FEES FOR AN OFFSHORE BORROW AREA. WHEREAS, the City of Delray Beach, Florida is committed to a 50-year program of Coastal Restoration and Preservation; and, WHEREAS. the City of Delray Beach has a successful. ongoing beach nourishment and maintenance program. and. WHEREAS. the City of Delray Beach wants to continue their beach program; and. WHEREAS. the continuation of the beach program requires nourishment is be carried out in 1990; and, WHEREAS, the sand for beach renourishment is to come from an offshore borrow area located within State Lands; and. WHEREAS. the State of Florida Statute 253 and"F.A.C. 169-21.09 provides for granting of easements for public use and a waiver of dredge fees on State Lands. NOW. THEREFORE, be it resolved by the City Commission of the City of I Delray Beach, Florida. as follows: I Section 1. That the City of Delray Beach, Florida, hereby requests a I submerged lands easement for public use and a waiver of dredge fees for an offshore I borrow area from the Board of Trustees of the Internal Improvement Fund. State of I Florida. Passed and Adopted in regular session this the 27th day of June , 1989. ~?r~~ I I ., I I I MAYOR I I ; ATTEST: " ~t1-:J4'fJLZ 4r~_.-<.- City Clerk I , ; I ~.'''- __ _..~m_~""",,_ ~\>- OEP-4fl; Lall'llIn Chiles \0 GoYemor FLORIDA DEPARTMENT OF NATURAL RESOURCES Jim Smith SflU'ftary of State 1?l: ~Q? Bob Buttenrorth URAL Rt.SC5 Marjory Stonem31l Dou~'as Building ~tlomf7 GeMraI 3900 Commonwealth Boulenrd Gerald Lell'ia Tom Gardner, Executive Director Tallah~, norida 32399 Stale Comptroller TOIII ~her Stale Tr!.uum August 14, 1991 Bob Crall'Conl CoIImiuioner of A,ricultlu! IlfltJ' wlllr eo.aiaioner of Education Mr. John Walker Project Coordinator City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mr. Walker: DNR Lease No. 501662809 DNR Easement No. 26449 (3406-50) DNR Grantee: City of Delray Beach Two modified easements are enclosed for signature. Please have the mayor of the City of Delray Beach to execute, witnessed by two person1s and notarized. The certification form must be signed by the same individual who signs the easements. Upon receipt and acceptance of the executed instruments and certification form, we will transmit the easements for final Department execution and return a fully executed original to you for your records. Please send us written confirmation regarding the timeframe in which the easement instruments will be executed. Your permit with Bureau of Beaches and Shores is pending receipt of this confirmation. A self-addressed envelope is enclosed for your convenience in returning the requested documents. In the meantime, if you have any questions, feel free to contact me at (904) 488-2291. ~lY' .~ at~t. planner II Bureau of Land Management Services Division of State Lands PJSjkw Wr':.. _~r~:mJ Enclosures cc: Barry Manson-Hing ~~. r.' :'; 1 (\ \19\ . I" (' Z. u d \ N G PL^i'l~~\, ..... '-': Administration Beaches l/1d Shores Lall' Enrortflllffll KariM a- l<<n~ u4 Parka 1letotIn:e l&Il&Ietleat State LancIa .. J ~ ,~. ; BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGN SUBMERGED LAND EASEMENT NO. 26449(3406-501 THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, t" ~-- hereinafter referred to as the Grantor. ~ WITNESSETH: That for the faithful and timely performance of '- ~, and compliance with the terms and conditions stated herein, the . n __ Grantor does hereby grant to Citv of Delrav Beach , ~ . hereinafter referred to as the Grantee, a nonexclusive easement on, under and across the sovereign lands described as follows: A parcel of sovereign submerged land in Section(s) 16. 21 & 28, ~ Township 46 South, Range 43 East , in Atlantic Ocean , Palm Beach County, as is more particularly described and shown on Attachment A, dated March 20. 1989 . TO HAVE THE USE OF the hereinabove described premises for a -' period of ~ years from AUQust 7. 1989 , the effective date of this easement. The terms and conditions of and L; ~ 'i ' .' for which this easement is granted are as follows: ~. 1. The above described parcel of land shall be used solely .~ :' . c for borrow site for beach renourishment purposes and Grantee shall not engage in any activity except as described "~; in the Florida Department of Environmental Regulation Permit No. ~ 500759059 dated AUQust 29. 1984 , modified Permit No. ". 501662809 , dated June 17, 1991 , attached hereto as Attachment B, and made a part hereof. 2. The rights hereby granted shall be subject to any and " all prior rights of the United States and all prior grants by the ~ Grantor in and to the submerged lands situated within the limits of this easement. , 3. Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. 4. This easement is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the property to third parties during the term of this easement. 5. Grantor, or its duly authorized agent, shall have the right at any time to inspect the works and operations of the ". Grantee in any matter pertaining to this easement. . . ;.~ SLE1 . ....-~. .-." .--.-.,.-- . -.' -~ , ./ . / . I t 1 , 6. The Grantee shall investigate all claims of every nature at its expense, and shall indemnify, defend and hold and save harmless the Grantor and the State of Florida from all claims, actions, lawsuits and demands arising out of this easement. 7. Grantee waives venue as to any litigation arising from matters relating to this easement and any such litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida. 8. This easement shall not be assigned or otherwise transferred without prior written consent of the Grantor or its duly authorized agent. Any assignment or other transfer without prior written consent of the Grantor shall be null and void and without lega~ effect. 9. The Grantee, by acceptance of this easement, binds itself, its SUCCessors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee, its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be terminated by the Grantor upon 30 days written notice to Grantee. If terminated, all of the above-described parcel of land shall revert to the Grantor. All costs, including attorneys' fees, incurred by the Grantor to enforce the provisions of this easement shall be paid by the Grantee. All notices required to be given to Grantee by this easement or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the change is effective. 10. The Grantee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this easement which result from the grant of this easement or the activities of Grantee hereunder. 1l. Renewal of this easement is at the sole option of the Grantor. Such renewal shall be subject to the terms, conditions and provisions of current management standards and applicable laws, rules and regulations in effect at that time. In the event that Grantee is in full compliance with the terms of this easement, the Grantee shall be allowed a 30-day grace period after expiration of this easement to apply in writing for a renewal. If the Grantee fails to apply for a renewal within the grace period, or in the event the Grantor does not grant a renewal, the Grantee shall vacate the premises and remove all structures and equipment occupying and erected thereon at its expense. 12. If the Grantee does not remove said structures and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by Page 2 of ~ Pages Easement No. 26449(3406-501 , I I certified mail addressed to the Grantee at thf adc "ess specified I in Item 9 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall bf in Iddition to all ; other remedies available to Grantor under app: icat .e laws, rules I and regulations including the right to compel remc lal of all structures and the right to impose administrat ive 'ines. 13. No failure, or successive failures, on t 1e part of the Grantor to enforce any provision, nor any wai' er ( : successive waivers on its part of any provision herein, ~ hal operate as a discharge thereof or render the same inoperat:. ve ( : impair the right of the Grantor to enforce the same upon any :enewal thereof or in the event of subsequent breach or breacles. 14. The Grantee, at its own expense, shill ; ~cord this easement and any subsequent approved renewal ~nd/[: modified easements in the official records of the coun~y w thin which the easement site is located within ten (10) days aftEr receipt of a fully executed copy of this easement, and sha 1 pi ~vide the Grantor with a copy of the recorded easement ndi, ~ting the book and page at which the easement is recorded. 15. This easement is the entire and onl ag. eement between the parties. Its provisions are not severabl ,. ny amendment or modification to this easement must be in writng nd must be accepted, acknowledged and executed by the Gr.nte, and Grantor. Page 3 of ~ Pages Easement No. 2644913406-50) - ....-- '.c.O(' r . , . , ,/ (SEAL) BOARD OF TRUSTEES OF THE INTERliAL IMPROVEMEtiT TRUST FUND , OF THE STATE OF FLORIDA WITNESSES: (1) BY " Chief, Bureau of Land Management Services as Agent for the Board of (2) Trustees of the Internal Improvement Trust Fund "GRANTOR" STATE OF FLORIDA COUNTY OF LEON Before me personally appeared Daniel T. Crabb, to me well <~ known and known to me to be the person who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of , A.D. , 19 - APPROVED AS TO FORM AND LEGALITY: Notary Public (SEAL) State of Florida at Large DNR Attorney , . My Commission Expires: -<f' . .;..... k?<~ Citv of Delrav Beach Grantee ( SEAL) BY WITNESSES: Original Authorlzed Signature (1) Mavor Title of Executing Authority (2) "GRANTEE" STATE OF COUNTY OF Before me personally appeared to me well known and known to me to be the person who executed the foregoing instrument, and acknowledged to and before me that executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this _ day of , A.D. , 19 - My Commission Expires: Notary Public State of at Large Page 4 of ~ Pages Easement No. 26449(3406-50) , i(.~ .~'. I " .. -.--. -- --.-...------ .--..-- HIGHL.AND SeACH F~ ~Ai Bt:"ACH COU/li Ty !i 'll : ~ ~S f) ! ~ .' ", <AC ~ ~ > T-: 't " , r -". - " . Je'" <l6S' Il'\.; ~.^ ~ ! Q. . - . - -LN~ol~ '-r i ~ 01 . f :~ ~~~ L\ :. '~ ,.\ .---:--- _~: . I ~ .~ \\\ ~-" ::. :=~::= ~"'''!:; _. j , ,~ ~.'(.:. - -- - -' '~ . -- - ~ ()-. -- . "P :~ . ~ ~\ ~--ii':;~ 1""": .. .....,.' "- "(J'.~3'~"', ~ ....,).D. f'I?OPOSED SORROW -- - ~: '. _ _ ..,,,, _ -'REA NO - -_'_ _ ._.... // '~I~ ~ --.....-<.., l 10'"3'10'" '''1''0' --- -. -- ~_. C'\.1 " -'- ::-;;.,.- _ .\ ~i~ ~ J.1,,;'- It _~-.. ~; ~ ~. .,J .. i ~I' ;1 . . 8 Ii. Ji'J ~. .. . 8 g ~; ATLANTIC ~ ~) ) ~ ) I C.:: . i\ l r '-_\~I i I ~ l : -'-f=-" . · r .. ! i; ~ ;; ~!ff z :~ . . .. ~ If H flr[ (P; ifil ~ if: ~ if !.: f:J; ;; I . , j; ... 'j iL !~lli i;" ; ~h ~ r' ~ ,. - ~ .!.:.. i ,I 1 ' I .. o. : t f :~ ~.. ~ :! ~f~' 11 :f ,a i ! ~,!:f l-;: '1 i I B'f":i \ I' , '[ :~ql!;; ; :; ! i ~ 'r' . ! I . ~ Oi i:i:~ f~.t [ i ~nr ~!~S ; . I" ....1 , . 5h- PF ! , U f' J L l' - , i = . : ~ ~. ! i ;1:. : ~'i , , (11:: I r' ! Ii 3f~: ! .1 -.: Sf'[ \-:- . , ~~, I : ;.~ .. ._-.. -- r---'---'-'--- .-- . OELAAY BEACH C:AST.'.L : L;'/ ;NING 8 ENGINEERINf;, IN: PROPOUO 80R'UW ARtA 1111__"____ __ _~:~,='_.=.~~.[ IU .c<&llATOIrl,'l."::':'..'=:_ ,~I Attachment A Page 5 of 64 Pages SCE' No. 26449(3406-50) --'-."1'.' . .._,... -.. ..... ,-" . "-- -----.- . -.- . . ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # 28 - MEETING OF SEPTEMBER 10, 1991 REQUEST FOR WAIVER OF THE LANDSCAPE CODE/POLLY NOE ANTIQUES DATE: September 6, 1991 The Historic Preservation Board at their August 21st meeting approved a minor site plan modification for Polly Noe Antiques to allow the upgrading of an existing nonconforming parking lot. The parking lot, located at th~ rear of the building, is in disrepair and has no formal parking lot striping plan or landscaping. The entire area is paved from property line to property line. The proposal is to provide eight parking spaces; however, as the proposed spaces along the east property line encroach into the required landscape strip, a waiver of the Landscape code is necessary. Staff supports the waiver as the upgrading of the parking lot will create a less nonconforming situation. The Historic Preservation Board at their August 21st meeting recommended approval of the waiver request. Recommend approval of the request for waiver of the Landscape code from Polly Noe Antiques to allow the parking area to encroach into the required five foot landscape setback. . . <II! -r........... . .. - .,,1 " " . 01( ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: GD T. HARDEN, CITY MANAGER FROM: J N:~~P~NNER II THRU: LID. OVAC~,OOnmeTOR'Jw-- DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 10, 1991 WAIVER OF PERIMETER LANDSCAPE REQUIREMENT RELATING TO ABUTTING PROPERTIES FOR POLLY NOE ANTIQUES 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) (d) [Landscaping]. The request is associated with a minor site plan modification wherein the proposed parking encroaches into the required 5' landscape setback. BACKGROUND: At its meeting of August 21, 1991, the Historic Preservation Board approved a minor site plan modification for Polly Noe Antiques. The approval will allow the upgrading of an existing nonconforming parking lot. The parking lot to the rear of the building is in disrepair and has no formal parking lot stripping plan or landscaping. The entire area is paved from property line to property line. The proposal is to provide 8 parking spaces. The proposed spaces along the east property line encroach into the required 5' landscape strip by approximately 4' . Staff is in support of the waiver as the upgrading of the parking lot will create a less nonconforming situation. HISTORIC PRESERVATION BOARD CONSIDERATION: At its meeting of August 21, 1991, the Historic Preservation Board recommended approval of the waiver by a 5-0 vote. RECOMMENDATIONS: Approval of a waiver to allow the parking to encroach into the required 5' landscape setback. Attachments: Reduced site plan, staff report JCM/#7/POLLY3.TXT - _~,--=.u"""d't..J\:<::."~!,zr::......'.....=::_:.'\.'~..ll:~~,.'t,Lf~,J::..J...;L~...'..~,,;,.,., :""!'!... .~::: ll-'.... rEI'IlIlI-';'..._.'._ . (I..~ ~./"&T A,n--~'"-J t-~:-iu P_/~NL_ ':=:.. fVl.-V( 1--Y'8. ,r'Kl 1 ~I Ub~ .. --~_._"--._--------- - --._-- -. .. 0~.C)~' '-- .. t-.-----...---- "'--." . .,,- - - ----. ___H. I .------ ---- t --- --,.- - I I .~ "J , ...----" '- --- --- 1 ~------- --- '- - - ---------- .- ~:rr!H@. ~~ ~m~~( ~6lwl~~r , WILt7I~6.1 _..,~-,--~..._~..,._-. . .,- ~ ~1~+J .^l--I't--1INUM ~..~ ~t""I~~,t~H"-( ~ :7T~~ I ; -i:---.- ~ ---- H. T'-- .-._~ - I ~w "'l I , ~-rFF: ' , l.) W~~~ / l}t-1f;..' I . ~]t-i, t: It 4 'C?-1'<'::, ~~l!< -.------ I, ~;tS~~ ~---- ~-0>(-LF . --- -- -- - i PA~IHc:::., I 1 0- r <<'L)~r f-f,':::: ' ~ PA-I.-Y 1-- - ~f"f7\I.---r .....------ "" ~ I ~ P"'^"'t:zV' & I \) b' I ~ ~~ I II --,- q .- I ~,~ 1.,,;;>, Ib-o AL/Tt? 1- ----. - ~t:.- " ~ l~ I -~---- ----. I I WI~NGr ~~Iq::.f<,1W ~l--1NK (ON fV~~ 10 ~E. .' ---'--- - - - - - --; ---~ . k ~2.,701 \ ~ ~----------------- -- -- ; ",. 0\Te:: F~\ ~""'-'._=.,-~'-'..........----....---~-~ // 1"- I ~ -----------1- N 1 ~,._____.h___..___________._._~___________O. .~"..___.. -0_'. ______.._________________..__ ._.-....___._~._..~ ...__n. '_-.'" ._________ ____...._~_ -----....---- .. / '" I . ----" ---- . . ITEM BEFORE THE BOARD: The item before the Board is a minor site plan modification for Polly Noe Antiques located south of Atlantic Avenue and west of S.E. 1st Avenue. PROJECT DESCRIPTION: - The subject property is located in the CBD and is an existing 2 story building. The proposal is to install an elevator at the rear of the building for the purposes of handicap assessablity to the second floor and to upgrade the existing non-conforming parking lot. The parking lot to the rear of the building is in disrepair and has no formal parking lot stripping plan. The entire area is paved from property line to property line. The proposal to provide 7 parking spaces and 1 handicapped space for a total of 8 parking spaces. Along with the new parking layout, pavement will be removed in order to provide landscaping. The parking lot will be enclosed with with a new chain link fence with gates at the driveway. A 5' landscape setback is required along the east property line. It appears that a zero setback is proposed for the handicap space and 1'6" for the standard parking spaces. A City Commission waiver will be required for the setback. Staff will be in support of the waiver. ASSESSMENT: In general, the upgrading of the parking lot will be an asset to the City. The addition of the landscaping in the rear of the building fulfills the Comprehensive Plan policies to beautify the alleys in the CaD area. The upgrading of the parking lot will not create a conforming lot. However, does create a lesser non-conforming situation. There are minor technical items which will need to be addressed prior to the formal submittal of the landscape plan. TECHNICAL REVIEW ITEMS: 1- Provide a 6' x 24' back-up maneuvering area. 2. The handrail on the new stair will need to be redesigned to meet code. 3. Standard size parking spaces are 16' with a 2' overhang into the landscaped area. Revise accordingly. 4. Handicap space is not per code. Revise accordingly. 5. Provide typical parking lot stripping plan detail. . , . HPB Staff Report Polly Noe Antiques Page 2 6. 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. Provide the location of any of these items on the site plan and the screening method on the landscape plan. 7. Section 4.6.16(E)(3) all landscape area shall be separated from vehicular use areas by cars tops or non-mountable, reinforced concrete curbing. 8. Section 4.6.16(H)(3)(d) provide a 5' landscape area between the chain link fence and alley. 9. In order to provide better truck circulation, maintain a 24' width driveway instead of 18'. RECOMMENDATION: By Separate Motions: l. Approve the minor site plan modification for Polly Noe Antiques based upon positive findings pursuant to Section 2.4.5(G)(5) subject to conditions: a. Provide a landscape plan for final approval. b. Provide revised plans addressing Technical Review Items 1-9 concurrent with the landscape plan submittal. 2. Recommend to the City Commission approval of granting a waiver for the 5' landscape setback along the east property line pursuant to Section 4.6.16(H)(3)(d). jcm/#7:POLLY1.TXT ~ .~ - -,.._.~...,"-~'"~"-- , ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~~ - MEETING OF SEPTEMBER 10, 1991 SERVICE AUTHORIZATION NO. 7/0'BRIEN, SUITER AND O'BRIEN DATE: September 6, 1991 This is a Service Authorization in the amount of $1,500 to the contract with O'Brien, Suiter and O'Brien for surveying services to provide boundary surveys and legal descriptions for the access easement, temporary and permanent sites for Fire Station No. 5. Funding is available in the Decade of Excellence Bond IssuelFire Station No. 5 (Account No. 225-2311-522-61.57). Account balance $100,000. Recommend approval of Service Authorization No. 7 to the contract with O'Brien, Suiter and O'Brien in the amount of $1,500 with funding from Decade of Excellence/Fire Station No. 5 (Account No. 225-2311-522-61.57) . . ...... O'BRIEN, SUITER & O'BRIEN, INC. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: AUGUST 13. 1991 SERVICE AUTHORIZATION NO. 7 FOR CONSTRUCTION SERVICES CITY P.O. NO. CITY EXPENSE CODE 2 2 ~ _ 23, 1/ _ ~ 22. - (, I. ~7 PROJECT NO.: 1/-g(p (CITY) (O'BRIEN, SUITER & O'BRIEN, INC. ) TITLE: FIRE STATION #5 This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated , between the City of Delray Beach and O'Brien, Suiter & O'Brien, Inc. 1. PROJECT DESCRIPTION Three Surveys for Fire Station No. 5 : Permanent Site, Temporary Site and Access Easement II. SCOPE OF SERVICES Provide boundary surveys and legal descriptions for the above three sites. . III. BUDGET ESTIMATE OF SERVICES . $1500 IV. COMPLETION DATE 10 Working Days from Authorization Date 1 - . . . . , This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the Ci ty in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the Ci ty to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH O'BRIEN, SUITER & O'BRIENs INC. Date Date ALl9usf /3" /99/ Thomas E. Lynch ohn K. We i g an , P.L.S. Mayor Secretary/Treasurer V;~ c! 4d"~ Witness Attest: BEFORE ME, the for~oing instrument, this / rH day Approved as legal of 4U1U:5-f- , 1991, to was acknowledged by John K. Sufficiency and Form Weigand on behalf of the , Col'poration and said person executed the same free and voluntarily for the purposes there-in expressed. WITNESS my hand and seal in the County and State foresaid this /3rn day of z; / ~91. Notary PUbli~ Notary Public. State of Florida - 2 My Commission Expires Sept. S. 1994 r.(!..d~d Th,u Troy Fa;n . r,uuronco Inc. - If . Agenda Item No.: AGENDA REQUEST Date: 8/29/91 Request to be placed on:' XX Regular Agenda Special Agenda Workshop Agenda When: S~pt.10, 1991 Description of agenda item (who, what, where, how much): R~qlle!';t City Commission to approve Service Authorization No. 7 to O'Brien Suiter and O'Brien. Inc. for ~l1rvpying Fire Station 115 in the amount of $1.500.00. Funding Source 225-2311-522-61.57 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend Citv Commission to approve Service Authorization No. 7 for O'Brien Suiter and O'Brien, Inc~ in the amount of $1,500.00. i.... Department Head Signature: R/4~.- ,...4fW.fJ q/I//qf Determination of Consistency with Comprehensive Plan: "'!" City Attorney Reviewl Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds)' {.f;y~ Fundi available: ~I NO Fundi g alternatives: (if applicable) Account No. & DescriP~ion: ?~ 1,i;XttfJl/f!,'b- SIdM..,~5 Account Balance: /~.~ City Manager Review: Approved for agenda: (:31 NO h1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY ~~NAGER ~ SUBJECT: AGENDA ITEM :It ~O - MEETING OF SEPTEMBER 10, 1991 RESOLUTION NO. 65~91 DATE: September 6, 1991 This item is a Resolution assessing costs for abatement action required to demolish an unsafe building on property located at 628 S.W. 4th Street. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $2,358.40 remains unpaid. Recommend approval of Resolution No. 65-91 assessing costs to demolish an unsafe building on property located at 628 S.W. 4th Street. . -~-- - ---..------- - ---... --.------.-- ----- -~----_. --- - -- ~- _0..__._.- - ---. --.-. RESOLUTION NO. 65-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS~ PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS~ PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances~ and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth .In Chapter 165 andlor Chapter 96 of the Code of Ordinances, and d.ld furnish the respective owner(s) of the land(s) described in the attached l.lst with wr.ltten notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished~ work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, sa.ld not.lce also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice~ and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with~ and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official~ therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager 0 f the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved~ and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code ot Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: . Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of wh~ch ~s attached hereto and made a part hereof, are hereby lev~ed against the parcel(s) of land described in said report and in the amount(s) ~nd~- cated thereon. Said assessments so lev~ed shall, ~f not pa~d w~th~n thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcells) of land descr~bed in said report, of the same nature and to the same extent as the l~en for general city taxes and shall be collectible in the same manner and with the same penalties and under the same prov~s~ons as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, val~d and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner (s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. SectiGn 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~ng date of the notice of said assessment (s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of cOllection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment~ the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1991. MAY 0 R ATTEST: City Clerk - 2 - R",c:: ~,~ ':;<;_0' . . NOTICE OF ASSESSMENT Date TO: Ms. Francine Clinton ADDRESS: 1501 NW First Street, Boynton Beach, FI 33435 PROPERTY: 628 SW 4th Street, Delray Beach, Fl 33444 LEGAL DESCRIPTION: E46.67' of W448.33' of N130' of N! of Lot 1, less N25' str/w in Section 20-46-43 You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $2,358.40 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1989, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 11-6-90 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 8-13-91 at a cost of $2.358.40 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. '" . Copy of all notices referred to in this notice are available in the office of the Building Official. BY ORDER OF THE CITY COMMISSION. City Clerk . . .. MEMORANDUH TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # 1lE, - MEETING OF SEPTEMBER 10 , 1991 AWARD OF BIDS AND CONTRACTS DATE: September 6, 1991 This item is before you to approve the award of the following bids and contracts: A. Computerized Irrigation System- Hector Turf in the amount of $62,931.42 with funding from ($50,000) - General Construction Fund Parks and Recreation/lrrigation and Landscape (Account No. 334-4170-572-65.12) . Account balance $50,000) and ($12,931.42) - Parks and Recreation Repair and Upkeep Buildings (Account No. 001-4131-572-33.31) . Account balance $19,151. B. Rental Rehabilitation - 146 S.W. 12th Avenue- Abissett Corp. in the amount of $13,247.50 'vi th funding from Community Development Block Grant Housing Rehab (Account No. 118-1975-554-34.81). Matching grant program applicant'S share $13,247.50. Account balance $116,891. Recommend approval of the award of the above bids and contracts with funding as indicated. . . ? /10 ~~~~'- MEMORANDUM TO: David T. Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Computerized Irrigation System DATE: August 23, 1991 Attached please find the spread sheet for the computerized irrigation system (Bid #91-65) opened July 22, 1991. Three ( 3) bids were received with the apparent low bidder being Hector Turf at a cost of $62,931.42. A protest was filed by Central Florida Landscaping, Inc. that was reviewed and found invalid by the City Attorney's Office (see attached). The system bid by Hector Turf is the Motorola MIR 5000 radio based irrigation management system. This is the same system that was installed at Park Maintenance as a demonstration project approximately 10 months ago and has worked very well. Once fully operational this system will allow the following functions. 1. The computer can identify broken lines and clogged or missing irrigation heads and their location. Currently our irrigation crew has to manually check each zone (or wait for dry spots to appear) to identify a problem. Ideally we would like to check each zone on a weekly basis but with over 9,000 irrigation heads and 400 zones this is quite a task. In effect, the computerized system as advertised will tell us where the problem is instead of us manually checking each zone to find a problem. 2. If a rain occurs in the morning or afternoon hours, the system can be shut down by pushing a button and no irrigation will take place that night. Currently it would take one or two days to manually turn off the system. 3. The system is also equipped with rain gauges and wind velocity controls that reportedly will not allow the system to turn on if sufficient rain fall has occurred or the wind velocity is such to not allow proper irrigation coverage. We have chosen the beach as the first area of installation since it is on City water and one of the more difficult areas to incorporate because of its length and number of walkways. We were given an estimate in the $50,000 range, but the low bid is $62,931. 42 partly because of the need to install backflow prevention devices. Although I can identify approximately $10,000 in cost savings by having our crews perform some of the tasks, I would rather contract out the entire job and identify funding in my operating budget to make up the difference. -S.E.f/. - '. Computerized Irrigation System August 23, 1991 Page 2 Please note this bid does not include the personal computer but there is a funding source for this item. Also note it is our intention to phase in this system over the coming years with the bid specifying that prices may not be increased in excess of the latest consumer price index for the State of Florida. I recommend this bid be placed on the September 4, 1991 agenda for City Commission consideration. Parks and Recreation JW: jm REF:IRRSYS.DOC cc: Ted Glas, Purchasing Officer Ray Eubank, Parks Superintendent . - . 00 c:: on Po < - .-: 0 ..;. N 0 0 .r; "'ON <U .... . 0 .... 1Il"" ~~ " <"'l CO 0\ .... M N 0 .-i "" -:r M .... '" '" ll'\ CO N' :J"'O N' N' ..; - N' CO M - o c:: .uf-< CO - - M 0 c:: - - - ~~ U 0 - - - g "'0 :>.. c:: 1Il M "'0 1: Po ~ LLJ ""Po f- ;j ill en Po<J:) "<:I 'l>>- ~ c:: 0 CO "I 0 .... "I 0 M M 1Il fen 0 -:r 0\ -:r -:r "I 0 '" 0 00 P<O . a.. . 0 ..; "<:1"1 ~ on -:r M -:r "I .... 0 1Il"" "'....J c::.u 0\ .... -:r ll'\ " 0 0 CO "" M 0 0'" 0\ -:r "I '" .,., 0\ 0 -:r .... :J"'O X #0:: .ubO ,.: - .;; - - - N' o c:: c::..... M .... .,., 0 to 0 ] '" () f- :>"1-1 .... .... .... -:r .-i .... "I " <IOZ 01-1 u.... LLJHO I:QH .,.. .,.. .,.. ..... ..... ..... .,.. ..... - <"" (O(O() >-IZ -Z ...... "<:I f-OO I:Q ~ HHLLJ ...... ()f-N A "'0 <IH .<::..... 0 ll'\ 11'\ 0 "I 0 0 N "I 1Il ....JO:: .u 1-1 0 "I "I 11'\ 0\ 0 0 0\ -:r 00 ::>LLJ ::l ::l N '" ...: a.. 0 0 ...: "'ON (Of- Of-< .... .... 1Il"" <J:) -:r -:r 0 CO 0\ 11'\ 0 -:r <"'l .-i <I::> 1-1 CO CO .... " M -:r M .... 0\ ~'"g f-o. o 0 - .;; - 0 . . . . 1: u .u '" M 0\ 0\ M "I "I c:: - - ..... .,.. - .,.. .,.. - - <"" M 'l> 0 Z 0 0::0 N <If- - ,... - <.!J f-Z 0-1 o:l zo N 0 "t :) lL.0 LLJO:: LLJO:: ill HZ LLJ 0 O() ZLLJen ZLLJen (I) ItlLLJ 0 O::LLJf- en 0:: (I) ....J O....JLLJ O....JLLJ 1: 0 -0:: O() Of-f- 1: X LLJ ....JO::> H (I) en()o:: (/)() H 0-1 en <I1:H <If-LiJ <If-LLJ ....J .LLJ ....JLLJH ....JZLLJ Z f- f- f-ZO f-ZO lL. <IX<.!J <I....J3: <IO(O lL. (/) 0 Z enO:) f- ::> H LLJ '" 0. olILLJO olI0lL. o/lOlL. (/) <I<I"t <I <I <I en 0 en 1 () Q\ H () H:.c: H:.c: 1: .-i :ELLJ(!l :EZLLJ ....J lL. X ~ 0:: X<IZ Xf-() Xf-() 0. ....J ....J OLLJ 0. 0:: 'l> :)N ....J <IZf- <I()O <IOX ....J 00. LLJ >- :E lL.H(I) lL.No/l lL.ltlo/l ~ . 0 0 O::H:) 0 .., H ..... N M f- "t ill 'l> ~ (!l(O....J () ".'-- ',,"-~ C.' .. . , ,; [ITY DF DElAAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 ivmMORANDUM udte: Augus~ 13, 1991 To: Joseph Weldon, Director of Parks and Recreation From: David N. Tolces, Assistant City Attor~ Subject: Computerized Irrigation Syst.em Bid Award Upon reviewing the material provided to me, and the applicable law, I have concluded that the City should award the bid for the computerized irrigation system to the low bidder, Hector H Turf. Central Florida Landscaping, the highest bidder for this contract, alleges that Hector TUrf, by providing a quote to Central Florida and also bidding for the work, violated the Anti-Collusion Certification contained on the Invitation to Bid. The Anti-Collusion Certification states: Anti-Collusion: The below signed bidder certifies that he or she has not divulged, discussed or compared his or her bid with othe.r bidders and has not colluded with any other bidder or parties to a bid whatever. (NOTE: No premiums, rebates or gratuity permitted either with, prior to, or after any delivery of material. Any such violation will result in. the cancellation and/or return of materials "as applicable" and the removal from the bid list(s)}. \>thile it is true that Hector Turf did provide Central Florida I,andscaping' with a quote for the software unit, the facts do not demonstrate that Hector Landscaping compared the final total of its bid with the final total for Florida Central Landscaping"s bid. . 'H~ctor Turf is the sole distributor for the .. Motorola irrigation system in Sout.heast Florida. Therefore, in order for Central Florida to compile its bid, it had to ask Hector Turf for the' cost of the software fOl:' the irrigation system. Hector Turf's quote to Central Florida Landscaping, and the quote on its bid form, were i.dentical. on. the bid form, Hector Turf bid $16,.842.00 and the bid quote(:;tG':=t~E;ptral Florida was $16,842.00. While Hector-Turf di-d-submit and know'-- ---- . AUgust 13, 1991 Page 2 I what Florida Central Landscaping would be bidding for the software unit, the software unit was only one portion of the total bid package. Hector Turf did not know what Central , Florida Landscaping's total bid would be for the total project. t Thus, I feel confident in saying that Hector Turf did not divulge, discuss or compare its bid with Central Florida's bid. - As for whether there was any collusion by Hector Turf, I have not found any facts to support the allegation. There has to be some element of fraud or deceit among two or more parties in order for the supplying of a quote to be collusion. Hector Turf providing a quote to Florida Central Landscaping does not amount to collusion. Therefore,. I find that Hector Turf was not guilty of any kind of collusion. Based upon these findings, I feel confident that Hector Turf acted properly in giving a quote to Central Florida Land- scaping, as they were the sole source for the Motorola system. Tbe main difference between the bids is the fact that Central Florida is charging almost $30,000 more in installation and labor costs than Hector Turf. This is probably because Central Florida's offices are located' in Tampa and Hector Turf's are located in South Florida. Thus, as there is no violation of the anti-collusion clause, the City should accept Hector Turf's bid and begin the installation of the computerized irrigation system. DNT: sh cc: Jeffrey Kurtz, City Attorney Susan Ruby, Assistant City Attorney ~....~-.;:.- (.. .-". --. -~~.. -- Agenda Item No. : AGENDA REQUEST Date: AUGUST 19. 1991 Request to be placed on: Regular Agenda Special Agenda Workshop Agenda When: SEPTEMBER 10, 1991 XXX CONSENT AGENDA Description of item (who, what, where, how much): CASE' ADDRESS RR AMT. INVESTOR'S SHARE ~l-UU:LRR 146 S.W. 12TH AVE. $13,247.50 $13,247.50 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YESINO Draft Attached: YES/NO Recommendation: ~r~O~~~D AEPROVAL WITH FUNDING FROM ACCOUNT #118-1975-554-34.81 (INVESTOR'S SHARE) AND - -~~ -bU.ZJ (RRP SHARE) (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). .! ~ Department Head Signature, ~ -~ - - City Attorney Reviewl Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~) NO I Funding alternatives: . (if ap~liCable) Account No. & Des~on: j~~-5s4~HDU<;{N Re~ Account Balance: I City Manager Review: Approved for agenda: ~I NO f)-( Hold Until: - Agenda Coordinator Review: Received: Placed on Agenda: Action: ApprovedlDisapproved M E M 0 RAN DUM TO: David T. Hardin, City Manager THROUGH:~Robert A. Barcinski, Assistant City Managerl Administrative Services FROM: Ted Glas, Purchasing Officer eff DATE: September 4, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 10, 1991 - BID AWARD - BID #91-61 RENTAL REHABILITATION PROGRAM -- - Item Before City Commission:_ The City Commission is requested to award contract to low bidder, Abissett Corporation, for rental rehabilitation project as stated below, at a cost of $26,495. Per Budget Office, funding for the City's sarticiPation 1S from: Al!.e.4 ~ ,,~- ,q.,~ -.55&.1.3&.f-~1 (...HoII.6inj ~'- hA~ A~..4. An 14nu. ~ -$ "L,)..q I ) . Background: The Community Development Division handles and processes their own fot-mal bids on rental rehabilitation projects. Purchasing's review of Bid #91-61 finds it to be in compliance with City purchasing procedures. Property Contractor Amou llt. 146 S.W. 12th Ave. Abissett Corp. $26,495. (City's Share $13,247.50) Recommendation: Staff recommends award to the low bidder, Abissett Corporation, at a contract amount of $26,495. Funding as outlined above. Attachments: Memorandum from Community Development Bid Information Sheets pc: Lula Bulter <8'.~.a. . M E M 0 RAN DUM TO: DAVID HARDEN, CITY MANAGER FROM: DOROTHY ELLINGTON, CD COORDINATOR THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT ~ DATE: AUGUST 19, 1991 SUBJECT: RENTAL REHABILITATION PROGRAMICONTRACT AWARD In accordance with the City of Delray Beach Community Development Division's approved Statement of Policies and Procedures, we are hereby requesting City Commission approval of One Rental Rehabilitation Deferred Loan Program for two ( 2 ) rental units. The program provides for the rehabilitation of investor owned substandard units, located within the CDBG Target Area. Contract awards are based on actual cost of the rehabilitation to an eligible structure. Owners are eligible for a dollar for dollar match of Rental Rehabilitation Funds for total cost, not to exceed $8,500 per unit. Community Development staff provided the detailed work write-ups, cost estimates for work specifications, and bid process on all eligible structures. Investors are required to escrow their share of the cost with the City prior to the issuance of the Notice to Proceed. Inspection of work will be done by the City's Community Improvement Department and the Community Development Division. Contracts will be executed between the building contractor and the property owner. The City remains the agent and this office will monitor all work performed by the contractor and will ensure compliance according to specification and program guidelines. Pay requests will require both contractor's and owner's signatures. Funds will be disbursed on a dollar for dollar basis matching the owners share with the Rental Rehabilitation Funds. The owners and properties have met the eligibility requirements as specified in the Rental Rehabilitation Program description. Detailed work write-ups and individual files are available for review at the Community Development Office. RR14/PG1 . . RENTAL REHABILITATION LOAN IS REQUESTED FOR THE FOLLOWING: CONTRACTOR PROPERTY RR DEFERRED INVESTOR ADDRESS LOAN SHARE ABISSETT CORP. 146 S.W. 12TH AVE. $13,247.50 $13,247.50 RR14/PG2 . . . . CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION RENTAL REHABILITATION BID INFORMATION SHEET BID #: 91- 61RR APPLICANT: JICE AND MICHEL STOKES APPLICATION #: 91-002 RR PROJECT ADDRESS: 146 SOUTHWEST 12TH AVENUE DATE OF BID LETTERS: JULY 23. 1991 DATE OF BID OPENING: AUGUST 8. 1991 NAME OF CONTRACTORS AMOUNT OF BID B & JR CONSTRUCTION $ INTERCONTINENTAL CONSTRUCTION CORP $ 29.240.00 FIRST CONSTRUCTION OF THE PALM BEACHES, INC. $ HENRY L. HAYWOOD $ MJD CONSTRUCTION SERVICES $ 30,474.00 PHILLIP GARY PURR C/O GAMZO INC. $ 40,126.00 :t ABISSET CORPORATION $ 26,495.00 CSB CONSTRUCTION, INC. $ 39,820.00 T. H. Y. CONSTRUCTION INC. $ M. A. S. C. 0 . $ IN - HOUSE ESTIMATE: $ 32,230.00 CONTRACTOR AWARDED CONTRACT: ABISSET CORPORATION BID/CONTRACT AMOUNT: $ 26,495.00 . COMMENTS: LOW BIDDER - BIDFORM/PG4 . ~ 5-0 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 8'1 SUBJECT: AGENDA ITEM # q A - f'.1EETING OF SEPTEr-mER 10, 1991 ACCEPTANCE OF REPORT OF APPEALABLE LAND USE ITEMS DATE: September 6, 1991 This item is before you for acceptance of the report of decisions made by the various development related boards during the period August 27th through September 9th. The following actions were considered during this reporting period: Site Plan Review and Appearance Board: -Tabled action on a request for site plan modification to allow the construction of a perimeter fence at Auburn Trace which would create a double row of fencing along the Auburn TracelCarver Estate perimeter. -Denied the request for reconsideration of new roofing material (asphalt shingles) at Ocean City Marina. -Approved the architectural elevations (color and minor facade changes) for Discount Auto Parts (aka Boca Auto Parts) . -Approved architectural elevation (color change) for Gulfstream Commercial Center. -Approved the landscape plan associated with the expansion of the Delray Lincoln Mercury Dealership. Concurrently, the Board recommended that the City Commission grant relief from landscape code requirements with regard to the number of required internal and perimeter trees, width of the perimeter landscape strip along Federal Highway, and width of the five internal landscape islands. Planning and Zoning Board: The only action item on the Board's September 5th agenda is Ordinance 54-91 (Multi-Tenant Retail Uses in Commercial Buildings. As the Board provides a recommendation to the City Commission this is not an appealable item. The Board's recommendation will be provided as a part of a separate agenda item. The Historic Preservation Board did not hold a regular business meeting during this reporting period. 01( i1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: AVID T. HARDEN, CITY MANAGER THRU: VID' J ~IRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: f:~,- (d/h JASMIN ALLEN, PLANNER I SUBJECT: MEETING OF SEPTEMBER 10, 1991 REPORT OF APPEALABLE LAND USE ITEMS AUGUST 27, THRU SEPTEMBER 9, 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 27, 1991, through September 9, 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 Commissi9n may file an appeal. To do so: 1. The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. City Commission Documentation Report of Appealable Land Use Items August 27, 1991 thru September 9, 1991 Page 2 SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF AUGUST 28, 1991: 1. Tabled action on the site plan modification to allow the construction of a perimeter fence at Auburn Trace which would create a double row of fencing along the Auburn Trace /Carver Estate perimeters. The Board expressed a desire for one common fence. The item was deferred so that the representatives of both projects could resolve the situation and provide one common fence (Vote 4 to 0). 2. Denied the request for reconsideration for new roofing material (asphalt shingles) at Ocean City Marina, located at George Bush Boulevard (NE. 8th Street). At its July 17th meeting, the Board denied the proposed asphalt shingles and recommended white cement tile as a replacement. With this request the applicant proposed a different type of asphalt shingles (Vote 6 to 0). 3. Approved architectural elevations (color changes and minor facade changes) for Discount Auto Parts (aka Boca Auto Parts) located at the southwest corner of W. Atlantic Avenue and SW 1st Avenue (Vote 6 to 0). 4. Approved architectural elevation (color change) for Gulfstream Commercial Center located on the east side of SW 4th Avenue, between Linton Boulevard and Southridge Road (Vote 5 to 0). 5. Approved the landscape plan associated with the expansion of the Delray Lincoln Mercury Dealership located on South Federal Highway. Concurrently, the Board recommended to the City Commission that relief be granted from several landscape code requirements, namely, relief from the number of required internal and perimeter trees; a reduction to the width of the perimeter landscape strip along Federal Highway; and a reduction of five internal landscape islands (Vote 5 to 0). Both the site plan and architectural elevation plans were previously approved by the Board. No other appealable items. City Commission Documentation Report of Appealable Land Use Items August 27, 1991 thru September 9, 1991 Page 3 PLANNING AND ZONING BOARD MEETING OF SEPTEMBER 5, 1991: The only action item on the September 5th agenda deals with Ordinance 54-91 (Multi-Tennant Retail Uses in Commercial Buildings). As the Board provides a recommendation to the City Commission this is not an appealable item. The Board's recommendation will be provided as a part of a separate agenda item. HISTORIC PRESERVATION BOARD MEETING: No Regular Business meeting was held during this period. RECOMMENDED ACTION: By motion, receive and file this report. Attachments: Location Maps JA/#59/CCAUG.TXT \ I.t) ~'II~~ _ m~~ I~ , 0) .-- - I I I- ~ - - I - - I 5 - - - - ~~ - ..-- . r-- ..... - .. L". .... -- o~: I~~ f . I--- - ~!::== 1-- Ii!: = . /_ I 4J -5_; __ ill J:::::== .= ~- /-.:. - 1-/ T "\.......... Iti= ~ =T __ 1.-<_ = /1 I '\ I /{'} I LW. - ~ rnrnnTID.~ ~ /,1 I . ~ '" J~ ir- - --- ,!:!;. - . I- = =f- AUBURN TRACE." ~ '-- - I- - i-- - - '-- _ '-- -.:::: u. _ .. r i-- = m tIllI Q - I r ., If - LW. .. Iw ~~:~~~~~~@@ I ~ ~~~/~~~% w - - ~ ~//~~ )~~~~ ! ~///)~ ~~~/.I/ /'/ ') - ~ ~~ ~f~~~ ~ I~ ~ ~'~~~%~ ~~% - ~~~~~ I ~~~~~ . - ~ ~/.~~~ I r--- r- ~ ...- /~L I ~- I ~ W =- I ;==- I ==- I =- - - fEJgl == = I-- :::=::: = I-- === === ~ - - ~ === .== - .... l1li If. === ~ L- L. ~ == 1== i-- i-- == ,1== I I L- = I == 1== ~ - ~ - == ill 1== == 1== --- ~ ~ ~ - - f-- '-- - r II , ==1= I - ~ - == - = ~ - - - == === >-- _1= t1=\111 - - I--- ~; IT .- - I-- - ~ Jl ~ ~ " - ~ ;; iii \ - l.....oo --1 f \ \ rn BOt([) WAY DTI I I L., J I ~ '" ~ .. ~ .J -l .; ..: % i II ,. '-- -- ".s.- H.L ITlf st. , 00 ffiHE ffim Dlocm or THE ST. AUGUSTINE LANDINCS II,[. '7111 CT. (St. Vincent's) .. -.J . ~ ~!ffi - OCEAN' CITY MARINA ~ , II) ~ 0 U <t N.[. TIlt st. ~ r---- I ~ - - ~ oJ 9 I I I I ~ '--- I i Q ~ . M.t. !~_ sr. no DRIV I I-r- - j f I I I I-! 0 ~ e - I ( I I I 11TH ST. ( ~ I..N~ IV - t---;z: .~ I I ~II I - '" ,..j r ; I~J~ m, , r OIUYf . . I I I I ~ Q ti ~ Z I'l N .... CITY HAll -- ~ :i 1ST ST. H.E. W ~ I :i I - OlD COWtolUNITY SCHOOL CENTER SQUARE &,oj &,oj &,oj ~ -- ~ .z .z z I ITIJJ or ATLANTIC AVENUE 0JiJ] om [[[]] OJJ]] [II I " I '. '." I 2' '. '.' . . ." !;! '. .... . . -c 1';'1 SOUTH II PUBue SAFETY COUNTY BUIlDING JUDICIAl DISCOUNT AUTO PARTS CENTER I 5 5 14 Z ~ . 15 i III '0 .. Iii .... ST. S. E. &,oj Q JIll IIII [[[]J ~ Z N ~ ~ .,j Q It: I'l , t- ITIIIJ >> ST. ~ r I' . ] 1'1 E3-W-+-U === fj t:iJJJJJ - II 11- 1 _ ,.",. "'"'! II J-:J i "mm ...- ~ == lVu<ur :". - ....7l8 r-1 \- I i 2 pLU~ AV[NUr \~ '/ - ..>-( j!;/, \ .. " '/. ~ , /. lj ~ ~ 3ULFSTREAM COMMERCIAL CENTER ~ . I I I o~ DELRA Y '^ \oJ MAll ..: .l.. " /;/~ ~ - NORTON - I--- TIRE J UNTON BOULEVARD I II 0.8.0. ACRES I / COSTCO I I II I DELRA Y LINCOLN MERCURY I R · I , ~F ~ e . Mmm ~ SOLID WASTE ~ OJB ill ~ AUTHORITY ~ LoJ ~ 0 e ~ TllOPIC It.~ ..~ ~ " c--~ ~ ~ eJc-~ ~ ,-I ~ m ~ 1I1I ~'r "" - =- MILLER ED MORSE ~ PARK g CADILLAC tZ N\\ n ~ /J,--1~ I J ~ 11,--; MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY lvlANAGER M SUBJECT: AGENDA ITEM # q 8 - MEETING OF SEPTEMBER 10, 1991 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/ MALDEN CORPORATION DATE: September 6, 1991 At their July 17th meeting the Site Plan Review and Appearance Board (SPRAB) reviewed the request for a change of roofing material for Ocean City Marina located at 777 Palm Trail. The existing roofing material is white Bermuda tile. The request was to install white asphalt shingles on a portion of the roof. The Board denied the request for asphalt shingles as they felt it was aesthetically inappropriate given the building's location and the quality of the existing roof material. At their August 28th meeting the SPRAB reviewed a new application submitted by the applicant which changed the color of the roofing material to a grayish-blue, heavier grade, asphalt shingle. The Board denied the request based upon a failure to make a positive finding pursuant to Section 4.6.18 (14)(a). It was the general consensus of the board that the asphalt shingles were inappropriate material which did not compliment the architectural style of the building. Additionally, as the whole roof was not being replaced, there would be two different types and colors of roofing material on the building. Subsequently, we have received a request from Malden Corporation to appeal the SPRAB decision. The appeal is based upon the applicant's feeling that the SPRAB erred in its decision. According to the applicant, testimony was presented at the hearing which established that the roofing material is of good taste and good design, will substantially improve the appearance and quality of the property, and will be in conformity with the local environment. Staff recommends that the findings and action of the Site Plan Review an d Appearance Board be upheld and the appeal denied. A detailed staff report is attached as backup material for this item. ~ ~ $-0 utJtL {)0. f 84 C I T Y COM MIS S ION DOC U MEN TAT ION TO: VID T. HARDEN, CITY MANAGER FRO JA r~~ '1F~rjPLANNER II ~ V~.' KO~~CTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 10, 1991 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DENIAL OF A REQUEST TO CHANGE THE ROOF COLOR AND MATERIAL FOR OCEAN CITY MARINA ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of reversal of a Site Plan Review and Appearance Board action which denied a change in roof material and color. The subject property is located south of George Bush Boulevard (Sth Street) adjacent to the Intracoastal waterways. BACKGROUND: At its meeting of July 17, 1991, the Site Plan Review and Appearance Board reviewed the request for a change in roofing material for Ocean City Marina. The existing material on the roof is a white Bermuda tile and the request was to install white ashpalt shingles. The Board denied the request for the ashpa1t shingles as they felt it was aesthetically inappropriate given the buildings location and the quality of the existing roof material. The applicant filed a new application to reflect a grayish-blue asphalt shingle of a heavier grade. At its meeting of August 2S, 1991, the Board considered the application and after a lengthy discussion stated that as on the previous occasion the proposed material was inappropriate. The Board Members felt the area was a "gateway" to the City and is located on the Intracoastal Waterway, the asphalt shingles are an inappropriate material which does not compliment the architectural style of the building. Also, not all the roof is to be replaced; therefore, there would be two different types and colors and materials of different quality. The Board denied the request based upon a failure to make a positive finding pursuant to Section 4.6.1S(14)(a). SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION: At its meeting of August 2S, 1991, the Site Plan Review and Appearance Board denied the request to change the roof material and color for Ocean City Marina on 6-0 vote. City Commission Documentation Appeal of Site Plan Review and Apperence Board Denial of a Request to Change the Roof Color & Material for Ocean City Marina Page 2 RECOMMENDED ACTION: By motion, support the findings and action of the Site Plan Review and Appearance Board and deny the appeal. Attachments: Location Map Appeal Letter JCM/#7/0CEAN.TXT 7 '.!J ~ I~~ IrJ J I fE?~r~~~~"~~~;"~'~."~:';"'I";'-:~;~'(\. -;AK~~)JfI'l ~f1 ": ".>~,..~ ... ~ ..B.~.2~~K.I~a . , . "'~ ", T IS j ~, ,zf~11'+ I II hll ~ !' C; 5 ~ ~ "E~LAT':';'T '1"H=~t.,.. T .. I 2 , " I , 7. 10 11 r_ .. I6h/.,J"L.:I-21 z;:L[~L.i 7> ~ 7 .. "'\ ~,.~ ""~ " 'I' 7 , ~.~ 2 ""'C r! ad '2''''.. I i.'I'" C.1"1"I"r'~ -F ., I ,. I kl.~b." ~ .J.. to. ~I ...... ",..\ ST . i It'rr~t\ r-f'rt 3' t:<" A Ii . ..~ 4 . ~ -,pc"c.", "..."', !'o ~ e ~ ...: ,I.."I,.~~ ~ '/, ~1'l'ur~ 29 "( , ~.... 5 vO '" I' ? t--l .. 1,..J "... Cc.~ ,:; ~~ ,_ ~ .' "" ':'FH 'd' ~rn~~t ~ ~.. ~~Iur~~~ 0 In Ifl - ".....!~ ...~~ ST. il / ~jJJ.m:'f-, ~ ,lO.?. )3.t1j,&:.l.l., ;3 _ [ ~I ~ II n'" ....Q . '. . ~ ,o,o;Q "';' 'W,(I", ~ ~ . C)7.... ,( , " · · ~' jltE8m' ., ... ,'"ll! m"" EEBl~ F f I -' ~ .+-. . . , ~ r.l ... IS ,.." 2' ,. Z1jtz:;;... 0 - '.. e . 'l: n .1 ~. 6 e'::- --"' -~---=-= - L.- oK - . . I ". n ~c....!'__'" ~,_. " I r I r--.. I l~7+'... 7 ~ "-:1.. ':1.':$ ;,7' h It ,1 '." ~ j,l-.. S ST .'. 01 I / . , _ ~\i.1 '0 ... . "o'.N.... -' ,.. '" R/ J I IfL '( .. - . - -- /'t::MR1FTW 1,I4NQ~'.<4 1 , · , 4" g I ~ ' Mortell '" ~ \<..'t. '-l~~TRCRSPOO"".L l::!f ..~. 'lil:- " , .:. i:': ',5' PALM ~^I"u. eUM: ~ =::J r / '! Arms CI):r: .... - ~~f 3 , I ...' ~CRES"'S7, '1><:.15'2 )- :=J '," ~~ ~:t '.. ffr . BJ( o""G 3~'2 - ...~ , Gerico "81(.37 '" ~ 23\ . KUL,t.H Tt 4 'I S"7' ,,23!J ~ IBK.IJ"PG,38hu ST. ,') Inc, PO.133... cz: , n . y '~'J Ii - 10....., . . r- . t · · ;~ 30...... ~ I, 21 le~~,F , ,. 5 ~ - ~. ~ ... -- - -.. 9 . .. II rI . ~~ ' .. III ~ II! P 16.....?'M ..~ , ~ > ~ U ; ~EkSc.-.. 1:7 :S" " ., r7 > ~ n 8, 17 , f7 ~ II ~d I -= , '. . . i ... 1 t 7 J(' <l 7 ,,'" I IE 7' IF'" ..t>, -=- .J ~ 7 Ir:;~,:,; ~ /10 kJ-!- ,,' · 14, j 14 5 /4 '5 /4 ' ~ BIC.42 ". _ PG. 7 - ,,.,, ...: " ~ f" f II 4 IJ ~ of 13 4 15 ~. WATERWAY ~ . · J ' 'J IZ J I:J ./2Q.. ~ ei;2 II J rl d" It NORTH :rr 3 I ;. ~ ! ~ "~m ~ ' I '2 /I ~ I /I'" Z II t If ""'., /I ,//, 8/(, ~.s,P(j 29 ~ .:~\':[ . .,' _: - , m.. I I ~ 1.!....1O I ~...I<' I (~~ .Kl, l~ 2, ~ I-e~ 11 10, If{ i ~.. 8TH .s STREET R lWDGcl i ~ . w >-_ __ __ .____ / J.I ' .. ,.:..;:,,; 1.. J:.J: ~,I'" .............. VI \ 17~.v,' ~),.. '\.. - -- . ." 'r- .~ "'1" r~"T1S: ~III .in::::::::::: \. 0(. n 'L" . Dioc... Of :::::::::::::: II 1. ~tBr.B@. -E-. , ., s~ L.c. J'tJ.:U ~mmm!!ii. I /) ~ THE LANDINGS _~ _ _ .. " kQrim . :r L' 'r"r:I:?1 .::::::::::::2.. . . ,? 1\ Il! II . \ . ~ IIN.C. Ii!. CT. It ST. AUGUSTINE fW\ ('.:; :6 SlW'OO) _ , lot.2!...< 51 .' . ~1Z5;4h: ~ B K. 42, PG, 21 ... .... .... ~ ~ n J ~ : . , ' . ". I , 7 41< ~ ~ t ~ of- ~~ '.. "n 16 e 21 .... ..w...:,. ,.::t Iz '-2, ..... 2 flMSA645-C .H }.leND J </0 ~ 'r.::; JLC~7TH, sr t . .. 'r{ D.B.n4.p.I50 "->O...i' j "l4'~' ta.. 5" t., 0 4J 44 ..~~.I 4U1~RT' iA'~ ! II I ~ _ "SA 64~-D . ,. 2 ~ v 1011 2"~ q fS ~ a.. L r /, II ~ (D.B,IO.7.P,~421" ' \ n VI nil' . #1 *-,. 116 ;<1 L!Jl N ~ Y "... J ? 1 ,., . ~ t W 3 " u M 1ft' ~ ki:1 1..... .0' .s . -'-- () ~ I IS t# I -; ~ ~ U ~ ~t<. Z3 I G.123 . J I' ,..' # - .._ l _ _ 4 "> Ill," "TH ST :! .....SL : lie toTH STI? 14 Ir ~r . . .' " L ~~-~~--s.- Iw- . . .~" .. .- A.... ot DlMY(: ..l.C______J f IJ if iz. -91 U ~ ~ 7.' 4 J Iii I" JI, ,'1/ f, '.!'i . ,. I ~ 1"J;7""" "-l"" / /: rj+ '~ ::' ~:: ~" ':.. 7; ./le F~ ~ ~ ~ (~. :.fH ~ J! )~ n p,~~i:r >' '" e'C.~-o J--ii-j '-T: ci 10 " . ~ ~# s.J ~ . I'l ~ ~ - ~ 0 ----=--'\~ .O~~ ?~\,..1'1" _2:<:. 1m · ,z. ~ n I~ n ~ KU G~ ~ w Ilr'n~~ ,f''''' I-f,- ,.' , 4f.' u s& ~ . i.. 10 "., .. l j 11 ~~i' ... ... .- 1.~.COJl~. ~ . ....of, ~v 8 ~ .., "t2 n 14 n It t7 :1' jnl 10 ,II.E. , S TH ~ S T ~ " _ ~ _ C ~10 II I';:;f"" -L tB::;! ~ II ~, ~ J'7 ~ IT I!! ~...... n 'oJ' t I'..~' D~'~ "II T . SUER'S "E....AT ..0. ..L ~:r' 17:> '" J~ ,., "II> "'5' tll " '.. , t" ~, , -!.... O::!.r' If.. II ,.' !"> I J '" 7' U ~ 1" ~ . l'~ . '~~.J J';~" 17 .. '::J~~'311.o ,u.. Po\'... i ...16 ".,.fI9; ~ ~ n \\f\.J"'11I6't fLI':>I! tt...,,-""",s.-o I" d.t.:,..._f:)vl:. ..':p;~::;Jr ~~..... ~ ~'5 14 ,~, 31' 41 5 14 a 11 .(I II l ....... t"'\"'" 'lQ"--..=---- ~ ,~~ ~ , ~ ~CI). IJ '~"I' ~ . t! ]oj' ~I 42 1" ::' V 1:,,"'" W /; Z SESER'S REPLA jJ ~ '>i. ,:> 1 11~ d ~ 4; 7 12. S --;:- It I '~' CI) ~'..~"" . ,. ~ . "",-;-=.;;:--: ~ I ',_ ...,. ~ a2 ::.. - . <:l. ' I " ~.. ~ 54 I I}J'. .~o 4i II /"'. . " 1'... 5 . ~ .:J: ""0"", ~ ro,_, . ~ r7" .o' ~ 10, 17 .. .of' ~ II:" . _. ;',"1.: ;---,-.--------'1 -i ... _ .. .1 _, 'lJ... ~ ,. &)(;J't<$ . _ . ~ -" . '. ".. '. - I,n III II Ii ~I' ..- In, ... "" '-"T'~ I ~ =-~~,- - ~l',o 9 f1:- l: .s -t.Ll '! '."R- 'Ii, :::l I , ~, :n t . t7 2 .,.., t ',.;:; L_' f' I '# . 13 12 E~ "9 A ES r ~ E , r ' -' ,~ J' f. .J ... , . :~ . '->A (; -- ,;1 - .. - -,.....-... .. -t._ (.~ ~ n # ";5, ... Sl 51:. Ol; SPI<AY ......-E. 11 : . D.,.. 5 . 2C'" .~ ; jj]'. I; ~ ,-,",;' ~IO ;7 ~ -!31< 2~ ~:;~'r; ~'-}~'J;. 1 i . . n ,: .'1 . ZJ · :..:.." , I~ . 20 2;) 22 7 '}4 25 I ., ~-'.-' U " " , ,:, .. t\- 'f_ -' - '" .~ . II ',Z1 ,. " , II . - Ie; ....... '11"'~ S A ~ ~ I '. J.~~ ...' , .- ,~. 10 " ro J 2:: ',' ~ II II ""ATE W Y AN ._ 10__. 10 "J W ,- ~ ." ..,., " .,,, 'O'f ._~ ~. Ii! WATO?WAY LAN['~ . . .. """11 II /I'. I~ " " II ~ - 1"" I:L f~ I r7 ...ci ~ "7 n, ~ '7 It. n 1Z, .. - ~ ~ e;L. G ldo ~ Fir J;: ~ 2 , ~ ,. 1$ . ~ '0 I' .. 1J f ...... 6=~ 7 - .-r -' 1O'1~, 1% . '- I _1#' !$ 1# !.J, ~ .s; ..: U' ..... II C- 'I>~ ' I - . LJi\. ~ III 'Ro '; . ST Ii! - . - l f 11~/I.~ ~~9:fll.;~~IiS~,. J I I' luuf4; "N~I'lot...L 1: J 'r '.,-;j 1:, II /1:1 ~', II"" ~ :J' 1- - "', .n. T 1: t''''''''' .l.-:t. ", . -, , , : a :. I i /, 11 ,.ciJ::J-.M;,~; ',~ 0 I ~ VIST,( OU MAR DR : -==- J ' I.,.. ,,~,'''' ,.~"",... s: 12'" JC)I.......-= "'. I I , . :tk.t", III ~ ...1..'..1,., "~ '/...' I; .3. I n : ....z ~~u, "~.':/,~'-;',:~~';."~ J:l,J.,!-lP ~/ ~ OCEAN CITY MARINA , :.;,.ro ('II. is.J')... . B. lie II! G'3 '~tz2.. o~ DELRAY 7 G l~ l~11 ~ ~ 'I " " ';'T,. ,;Iu ","" ~~ '" ,_~.I<,~,P~~59 <( S ' :p- , ~. 2S .1>> "1r.M . J"~~J: ::. I."J I&J ( I ~ I ~ 2 Z: ZI~ 2$l 'I; ~ &0 ~ . , 1# ' '. ~ JC ...... , b- ~ II ~!~ ::I "'-. 1_,.,. ..&.,./' ~ - . Ii ...r.' . '--1';"6< ~:m. .' .:..-::--0 ST . ~ R., I ~ ZJ.JS' AI 4' OCEAN .L'r..1"- ~/ I . "'l " . I.-!.!...J t). 4 7 I ~.' I ~:.;.:..J r--;u.cH -'91~ r- '.' F II, .' " I ~ 12 H 40 APTS., I " , - ~..".,. . ~ r-- ..,. ~ .. 6 1$, . 1 .,. .' -.......; ~p.: $7 ,3j, . . ~_: ~~; '^_: .;m,y". "" '., ., :'''. · rjF. J~'c "'". ,~" .,'f .,. ! J ~ f I . MOMBACH, BOYLE: & HARDIN, P.A. ATTORNEYS AT LAW BROWARD F'"INANCIAL CENTRE. SL.;ITE 9:::S0 GEOF'"F""REY S. MOMBACH 500 EAST 8ROWARD BOULEYA~D CONRAD.). BOYLE FORT LAUDERDALE. FLORIDA 33394-3079 DAVID C. HARDIN _ GARY S SINGER (305) 467 2200 MITCHELL D. ADLER TEi...ECOPIER 467 2210 August 29, 1991 RECEIVED '/10/9/ A~ison MacGregor, City Clerk CITY CLERK C1ty of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Notice of Appeal - Ocean City Marina Appeal from Site Plan Review and Appearance Board Dear Ms. MacGregor: Please consider this letter as a formal appeal on behalf of Malden Corporation. On August 28, 1991 the Site Plan Review and Appearance Board (SPRAB) at its regular meeting heard the application of Malden Corp. for approval of re-roofing a portion of the building known as Ocean City Marina, located at 777 Palm Trail, Delray Beach. SPRAB denied the application. This appeal is being made to the City Commission on the grounds that SPRAB erred in its decision. Pursuant to the Delray Beach Code, SPRAB is to evaluate a proposal and determine (i) whether it is in conformity with good taste, good design and in general contributes to the image of the City; (ii) whether the proposed project and its exterior design and appearance is of a quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value; and (iii) whether the proposal is in harmony with the proposed developments in the general area. Testimony was presented at the hearing establishing that the roof material, which the property owner seeks to use, is of good taste and good design, will substantially improve the appearance and quality of the particular property, and will be in conformity with the local environment. As a matter of fact, the church immediately across the street from the site recently constructed a new building with a roof material similar to that sought by the applicant. Accordingly, Malden Corp. as the owner of the property, files this appeal to the City Commission requesting that the application for approval of the new roof be granted. Alison MacGregor, City Clerk August 29, 1991 Page Two Please advise the undersigned as to when this matter will be scheduled before the City Commission. Should you have any questions regarding the foregoing, please feel free to contact me. Thank you. s, CJB/sv (via CERTIFIED MAIL) cc: Malden Corp. Ocean City Marina MOMBACH, BOYLE & HARPIN, P. A. ATTORNEYS AT LAW " ~ ,~ ~ *, \.~ ;~;; . J MEMORANDUM '. ,. ':~ TO: MAYOR AND CITY COMMISSIONERS .'.- FROM: ~CITY MANAGER " ; n SUBJECT: AGENDA ITEM # c.., - MEETING OF SEPTEMBER to 'f~9~'1 ACCEPTANCE OF BANKER'S ROW PROGRAM FOR REUSE AND RESTORATION DATE: September 6, 1991 This item is before you to accept the report of the~anker's Row Program for Reuse and Restoration. In November 1990, the City was awarded a $24,000 matching grant from the Florida Department of State, Division of Historical Resources to prepar~a restoration plan for the 200 block of N.E. 1st Avenue. A professional consultant team was engaged by the City to assist with the preparation of the report. Since that time, the Planning staff, the Banker's Row property owners and the consultants have been actively working together to develop the Banker's Row Project. In accordance with the grant agreement, the final report must be accepted by the Commission by September 30, 1991 (the last day of the grant year). That report was forwarded to you under separate cover on September 3, 1991. At their August 14th meeting, the Historic Preservation Board completed their review of the report and forwarded it with a recommendation of' approval. The Community Redevelopment Agency at their August 15th meeting unanimousJY endorsed the report and forwarded it with a recommendation for approval. The Planning and Zoning Board at their August 19th meeting reviewed the report and forwarded it with a recommendation for approval. Recommend acceptance of the Banker1s Row Program for Reuse and Restoration report. ~ $'-0 c5n 9//o/'n oK.. . ~ C I T Y COM MIS S ION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER FROM: VICTORIA JOHNSON, PLANNER I I \fJ VIA: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 10, 1991 ACCEPTANCE OF BANKER'S ROW PROGRAM FOR RE-USE AND RESTORATION ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of acceptinq the Banker's Row Prpject final report. The report is titled: Banker's Row - A Program for Re-Use and Restoration. BACKGROUND: In November, 1990, the City was awarded a $24,000 matching grant from the Florida Department of State, Division of Historical Resources to prepare a restoration plan for the 200 block of N.E. 1st. Avenue (Banker's Row). A professional consultant team (an architect, a landscape architect and a historian) were engaged by the City in February to assist with the preparation of the report. Since that time, the Planning staff, the Banker's Row property owners and the consultants have been . actively working together to develop the Banker's Row Project. In accordance with the grant agreement, the final report must be accepted by the City Commission by September 30, 1991 (the last day of the grant year). A copy of the report is enclosed for your review.~ REVIEW BY OTHERS: A public meeting to which the public and City Board members were invited was held on June 24, 1991. The components of the Banker's Row Final Report were presented at this time and endorsed by those present. The Historic Preservation Board completed its review of the report on August 14, 1991, and has forwarded it for approval. >\'~ 4. .. City Commission Documentation Acceptance of Banker's Row Program for Re-Use and Restoration Page f The Community Redevelopment Agency completed its review of the report on August 15, 1991, has unanimously endorsed the report, and has forwarded it to the Commission for approval. The Planning and Zoning Board completed its review of the report at a public hearing on August 19, 1991, and has forwarded it with a recommendation of approval. RECOMMENDED ACTION: By motion, accept the document Banker's Row: A Program for Re-Use and Restoration, and direct staff to proceed with the necessary implementation procedure. Attachment: * (Copy of the Report distributed 9/3/91) I VJ/#31/CCBRP I BANKER'S ROW . A Program for Re-Use and Restoration Aupri. 1111 Prepared lor the Clf.,. 01 Delra7 Beach, Florida BANKER'S ROW A Program for Re- Use and Restoration August, 1991 Prepared for the city of Delray Beach, Florida Thomas E. Lynch, Mayor William F. Andrews, Vice Mayor David E. Randolph, Sr., Deputy Vice-Mayor Jay Alperin, Commissioner Armand Mouw, Commissioner David T. Harden, City Manager Prepared by Leslie Divoll, Inc. Architecture Research Atlantica, Inc., Historic Studihs A. Grant Thornbrough Associates, Landscape Arc itects This project has been financed in part with historic preservation grant assistance provided by the Bureau of Historic Preservation, Florida Department of State, assisted by the Historic Preservation Advisory Council. - ACKNOWLEDGEMENTS Special thanks are extended to Clemmer Mayhew, III and the City of Delray Beach Historic Preservation Board for recognizing that Banker's Row was a project worth doing. Also, thanks are extended to the Banker's Row neighbors who participated fully showing a concern for the good of the entire city, as well as their neighborhood and their individual properties. Time and again, they requested a plan that would not just sit on the shelf, but be carried out. Ultimately the outcome of this project is in their hands. Though she insists she was "just doing the job", Victoria Johnson, Neighborhood Planner in the Delray Beach Planning Department, won the confidence of skeptical property owners with her care, persistence, and personal attention. She pulled together information and support from assorted City departments and assisted with the preparation of this report. This project has been financed in part with historic preservation grant assistance provided by the Bureau of Historic Preservation, Florida Department of State, assisted by the Historic Preservation Advisory Council. However, the contents and opinions do not necessarily reflect the views and opinions of the Florida Department of State, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Florida Department of State. - ii TABLE OF CONTENTS PAGE I. The Banker's Row Re-Use and Restoration Project A. Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B. Pro j act Object i ves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 C. Methodology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 D. Comprehensive Plan Compliance....................4 II. Historical Survey of Banker's Row A. Chronology of Events............................. 8 B. Modern Postscript...............................24 C. Architecture..... ............................... .25 - Ove rv 1 ew. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 - Mediterranean Reviva1.........................26 - Minimal Traditional...........................30 - Modern Masonry Vernacular.....................35 III. Master Development Plan A. Streetscape and Public Features.................37 B. Individual Parcel Development...................43 - Ove rv i ew. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 - Architectural Comp1iance......................43 - S1 te Compliance............................... 51 C. Infrastructure and Basic Services...............58 - Utility Services...................... ........58 - Traffic , Access and Parking.................. 59 - L i 9 h t i ng. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 - Cost of Public Improvements...................60 D. Original Construction Features..................62 IV. Implementation Program..............................74 V. Bibl iography. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .83 VI. Appendices. . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . .87 . iii LIST OF MAPS AND FIGURES PAGE Figure 1 : Banker's Row General Location..................2 Figure 2: Banker's Row Survey Map........................7 Figure 3 : Map of the Town of Linton.....................10 Figure 4 : Subdivision of Block 66.......................12 Figure 5: Mr. A.G. Evans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Figure 6 : J.C. Keen Hous e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Figure 7 : J.C. Keen House............................... 16 Figure 8: L. H. Walker House............................. 17 Figure 9: L. H. Walker House............................. 17 Figure 10: A.G. Evans House.............................. 18 Figure 11: Matt Gracey House.............................18 Figure 12: L.H. Walker House and J.C. Keen House.........19 Figure 13: Subdivision of Block 74.......................21 Figure 14: Residence for Mr. Matt Gracey.................22 Figure 15: Streets cape Site Plan.........................39 Figure 16: Site Plan Detail..............................40 Figure 17: Proposed Street Section....................... 41 Figure 18: Proposed Street Section.......................42 Figure 19: Title Page: Architectural Graphic Standards...63 Figure 20: Stock Window and Door Sizes...................65 Figure 21: Double-Hung Windows...........................67 Figure 22: Overhead Doors................................ 68 Figure 23: Asbestos and Asphalt Shingles.................69 Figure 24: Clay Tile Roofing.............................70 Figure 25: Clay Tile Roofing.............................7! Figure 26: Leaders and Gutters...........................73 .'. - iv. APPENDICES Appendix A: Banker's Row Project Grant Agreement Appendix B: Endnotes to Chapter II, Historical Survey Appendix C: Banker's Row Property Owners: Community Meeting Attendance Sheet Appendix D: Community Questionnaire Appendix E: Traffic Study Appendix F: Recommended Plant Palette Appendix G: Master Site File Forms Appendix H: City of Delray Beach Code Provisions re: Public Improvements and Special Assessment District Appendix I: Safe Neighborhoods Act Appendix J: Press Coverage of Banker's Row Redevelopment ... .', , I THE BANKERS ROW RE-USE AND RESTORATION PROGRAM * -....~...~ .~~~~~~. f...........~ f1...........~ ~.......... ~...._..~ - , A. INTRODUCTION Banker's Row, the 200 block of NE 1st Avenue, was born in two periods of economic growth and change. Through the decades, its houses have adapted to the changing needs of property owners and the community. Today the neighborhood is intact, but challenged again to adapt or decline. The purpose of the Banker's Row Preservation and Restoration Project is to help the buildings and the neighborhood meet new economic challenges, while retaining the historical, architectural and landscape qualities that are its distinguishing features. Three years ago, the 200 block of NE 1st Avenue in De1ray Beach was a rundown residential block along which four old buildings were threatened with demolition (See Figure 1). About this same time, momentum was building for the preservation of the City's historic housing stock. A Historic Preservation Board was appointed and four Historic Districts were created. One of these districts, The Old School Square Historic Arts District, includes most of the City's oldest homes. One of the blocks within this district has come to be known as Banker's Row. It includes 16 historic (built before 1940) residences. Private interest in the potential of historic preservation has turned the block around, and it now promises to become one of the most attractive blocks in the downtown area. In South Florida, where the average age of housing is often "new" , Banker's Row is an enduring anomaly. Characterized by the presence of five (1920's) two-story Mediterranean Revival residences on one side of the street, and eleven (1930's) Traditional Cottages on the other, the block is a design opportunity for both preservationists and urban planners (See Figure 2). B. PROJECT OBJECTIVES Banker's Row is a small city downtown residential block which includes single family homes, rear guest cottages, and some home-occupation uses. It is about half owner occupied and half renter occupied. Centrally located within a downtown street and alley grid, the block bears the high traffic volume generated by an adjacent shopping center. There is a considerable amount of pedestrian use of the sidewalks, and an occasional bicyclist makes his or her way up the street as well. By day, Banker's Row is busy, but not congested. By night, it is quiet, but not deserted. The two greatest concerns raised by current residents are daytime traffic and traffic related hazards, and nighttime lack of security. The Banker's Row Project has been designed with awareness of both concerns. 1 I The general goals of the project are to . preserve the . historic structures; revive the historic character of Banker's Row; and enhance the economic condition of this portion of the local Old School Square Historic District. The Banker's Row Project has three separate but related components. These are: a study and evaluation of the historic significance of the Banker's Row block and an analysis of the architecture of its structures; the preparation of a streetscape design plan, architectural design guidelines, and lot development guidelines; and the creation of a neighborhood planning program for the private property owners of Banker's Row. The primary concern of the Project, however, is the long term preservation of the structures along the block while accommodating conversion to other than residential use. Developed and designed by significant figures in Florida's early urbanization, these buildings exemplify the periods in which they were built. Further, their preservation and adaptation can be an important example of how preservation and redevelopment can work in concert. Through careful adaptive reuse for mixed and nonresidential purposes, investment in the renovation of the homes and reconstruction of the street will positively impact the surrounding neighborhood and may serve as a prototype project for other blocks. c. METHODOLOGY The idea for the project came from Clemmer Mayhew III, a local historian whose knowledge of Florida history and architecture led him to believe that the unique character of Banker's Row would be of interest not only to Delray Beach, but to other communities as well. Under the auspices of the City's Historic Preservation Board and the City's Department of Planning and Zoning, application was made to the Florida Department of State, Division of Historical Resources, for an Acquisition and Development Grant. The successful bid for State support, matched by an equal City of Delray Beach share, has resulted in the preparation of this document (See Appendix A). The project began with the solicitation and selection of qualified professional consultants. Through the competitive negotiation process, a consultant team which included Leslie Divoll Inc., Architect, A. Grant Thornborough Inc. , Landscape Architect, and Research Atlantica (historic research) was engaged by the City of Delray Beach. Together with Planning Department staff members, the consultants met with the Banker's Row property owners six times over a period of four months. Through these meetings, the property owners expressed their preferences in use and design matters, and reached a consensus as to how to best implement the Re-Use and Restoration Plan. Two community presentations were made to City Boards and other interested community members, public comments were incorporated into a draft 3 .. BANKER'S ROW General LocatIon Map Flgure # 1. -- ... ...n.AIIT1C OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT ~ . , . - N ----- " , document, and this document was submitted to the appropriate City Boards. Once accepted by the Historic Preservation Board, the Community Redevelopment Agency, and the Planning and Zoning Board, the Banker's Row Plan was submitted to the City Commission for official acceptance. Following formal acceptance, implementation activity may commence. D. COMPREHENSIVE PLAN COMPLIANCE The Banker's Row Project compliments and implements broad objectives of neighborhood improvement and economic revival as stated in the City's Comprehensive Plan. Illustrative subject areas include: historic preservation; adaptive reuse of older structures; neighborhood improvement through active neighborhood associations; and the expansion of pedestrian scale, cultural attractions in the downtown area. As a document which impacts land use within the City, the Banker's Row Re-Use and Restoration Program must be found to be in compliance with the City's Comprehensive Plan. A finding to this effect must be made by the Planning and Zoning Board. The Banker's Row Re-Use and Restoration Program, and the implementation program it recommends, are supported by Comprehensive Plan Policies found in its Housing, Future Land Use, and Capital Improvement Elements. FUTURE LAND USE ELEMENT Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. This objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policy: Policy A-4.1 Prior to recommending approval of any land use application which comes before it, the Local Planning Agency must make a finding that the requested land use action is consistent with this objective and the provisions of the Historic Preservation Regulations. Objective C-l Blighted areas, as designated by the City Commission, shall receive special attention and assistance in renewal. This objective shall be implemented through the following policies and activities. Policy C-l.4 The City shall work with the Community Redevelopment Agency (CRA) for the improvement of neighborhoods within the CRA boundaries. The City shall take the lead in the preparation of neighborhood plans and redevelopment plans. The unique powers of the CRA shall be used in the implementation of appropriate provisions of such plans. 4 ,. I Banker's Row is adjacent to the Central Business District (CBD) , and the parking lot proposed for the south end of Banker's Row is anticipated to serve CBD business patrons. POlicy C-4.1 calls for the accommodation of CBD parking needs through innovative actions. Banker's Row is located within the Old School Square Historic Arts mixed use area. Pursuant to Land Development Regulations Section 4.4.24(A), this is a mixed use district intended to: * Provide for mixed uses of residential, office, and arts related commercial activities that will encourage the restoration or preservation of historic structures and maintain the historic and pedestrian scale of the Old School Square Historic District; * Stimulate greater awareness and pride in the City's architectural heritage, and create an atmosphere and feeling of "Old Delray Beach"; * Improve the environmental quality and overall liveability of this Historic District and stabilize and improve property values therein, and; * Allow uses which promote preservation. The Banker's Row Project seeks to fulfill each of these objectives. Policy C-4.8 of the Future Land Use Element calls for the preparation of a Neighborhood Plan for the Pineapple Grove area. The Pineapple Grove Revitalization Plan, currently in draft form, identifies Banker's Row as a major feature of the Pineapple Grove neighborhood. The vitality of Pineapple Grove and the entire downtown area is reinforced by the mixture of residential and business uses. The Banker's Row Plan specifically seeks to strengthen this feature. HOUSING ELEMENT Banker's Row is located within a neighborhood designated as "Stabilization and Revitalization" on the City's Residential Neighborhood Categorization Map (Housing Element Figure H-5) . Accordingly, Banker's Row shall: * benefit from City assistance in the creation of a neighborhood association (Objective A-3); * receive high priority in the scheduling of capital improvements which will assist in arresting visible signs of deterioration (Policy A-3.2); 5 .'. I * be provided assistance through the development of a "neighborhood plan" which is directed toward the arrest of deterioration through physical improvements. Said improvements may be provided through City funding and/or assessment districts (Policy A-3.3). CAPITAL IMPROVEMENT ELEMENT The Capital Improvement Element lists a five-year schedule of major public improvements and estimates the costs associated with each. Annual departmental budgets must be prepared to correspond to the Capital Improvement schedule. However, this schedule can be amended according to Policy A-3.2, which accomodates modifications driven by changing circumstances. Policy A-3.2 The criteria which shall be considered in the amendment and modification of the 5-year schedule and the preparation of as-year schedule for the second planning period shall include the following: (Applicable subsections include) d) When a project can be combined with another project in the same geographic area, it shall receive a higher priority e.g., combining needed street improvements with scheduled water and sewer improvements may accelerate the street improvement project. e) When a project will receive significant funding assistance from a development project or through neighborhood contributions through an assessment district or other method, it shall be accelerated on the schedule. ASSESSMENT From a review of various policies contained within the City's Comprehensive Plan, it is evident that the Banker's Row Project not only is in compliance, but that it advances and implements the basic tenets of the Plan. However, the Capital Improvements envisioned in this Plan are not included in the current version of the Comprehensive Plan; thus, full implementation will require formal amendment. The amendment will need to address the schedule of Capital Improvements. 6 .. I I ___ ! L iii -- - -- _ e - - N,E:- 2~JD ~-m~ET - ~ ~CDOC.__ ~ f- - ;:;...;.'tr I~ \" I 'I II ' ~!;~ · I',J 08~ I. U - l-;Q -.;.; U ! ~ ~ :: r I ;i ~ " u r ~ n - ... I w' 1- tJ::l tJ::l i I ~ -~ 9!.... ~.. I W ttl 0 0 ~ I ~I n8~ .."', --- --=---.r_ - - 0 "Tj - I - .. -, ":} i c: , ;::J f"1 _ ^ - u: c.~ I" il .. _ t <; n L. ~ 0 tJ::l ~ :-' ~ c ~E ~ :> 7: (/) ... ru r .~ ....... I'"'l IIOOl QlIIl'A_1 ~ ('Tl _ 0 IF... IClGl .- ~- -- ~ -" J'>. -<I .. n -~- - \ _.. -- - -- - _ 3' ^ . ~ .--.,..... f\J ..;) II _ .51--,,_ "" ~O' · . -I -, n! - " Cl 0' I . ii-I ~ t. 0 ~ ~ ~ 8 ~ I ~ fTl I ~ I t<.'-iB~ ~r -- '- - - ~ .--- ~ .- --- --" l .~~ . - - - - - - ':!l glil- ~ , ~~~~ s.-~- - - W ~ l':"'~ ~ tt1 ; I A4I · ...~ n.l .. ..( ~ t::1 I I ... C\ ~v1 .... ~ ! .11. ~ ~ 0 ~ I e'", I :: . I' e~. I" : .. -c<< ~ ~_ IS 411~ - -!~ I. ,s;e,..,., :"'~.4Y Z to ___~_ o o<lti.- 0 "I --" =- .., r- ,",..",... _.ow OJ i ~ ~ a;~ I z Q) '. (j) ~~ N ~.. I , n ~. . I [J a ~ G :v I . -.< - -- ~~ .. _.,{. rrl .q~ ... :2: n 0 lizr , "'~ .. ^ -- ..0((') 0 ~ OJ M - -fI\-- ~ e '\ "" _ 'J rOOClOOO _ ... --> I ,'",_... 1. n i.....a ~ 0" (j)" "" --"..ocr . J I" a~~O ( n ~ - - - Z " --' >t~ V' N .."'-"""'" :; --, ~ ~..... ~ -~ ~^ -)> - i I ~ ~ ,-1 -1 < --" ;~ 0 tIl '-J fTl.. I~ -i ~ U +c. Z I !! -f>. tJ::l :: Z ^ C 0,; 0 V) -: 0 ........ = [T1 i to ^ ~ - 0, ru )> lJ . ~' ~ I 1> ._..., I II < Cl ~ tJ::l (Tl Cl r . fTl 0 - ~.... -. D n fTl n; ~ CD^- ~ - G-J- I ........... n '" ~ Z r. 0 -. _ ga~ . ". 8--" 'i /11 i I C $ ~N~ ~ ^ · I I fTl . -- I ...", == .......... .& =- l (') CMPOtd I i; · ~ ]!J II ~ " I .~ 'n ~_~ I l/) ---- . il - l") i:l ~ ~ . ! I I i I . ! I ~ I i __ - - -" ~~. E. --3RD STREET - :!! _ _ 0 --- -- I j1G> ~ - ~ .- : I:; I: l- . . I x ~ 111 I I ' ~ 11" It It CD 110m ~ ~ ~~ lIJlIJ I I I I ~: · I~'" ~Olij I I I en ~ ~ ~ ~ ~ ~ ~ @"II 0 XI ~ ~ ~ ~ m !ti@@ -Q- ~ 0 0 <t.. r :rJ ~ "TI:tl 0 . I I I fTl 0 · ~ <2 ~ ~:e I ~ ~ :!! 0 C r 0 lTlo Ul :::l c :e 0 :t: ;0 ); Z ITl 0 )> u (') 0 > "" z iii Z \U <:; l- .. :20'" iT! M r 6 r Z (') ~ ' :t: 0 -l 0 ITl 0 6 fTl 1I ~r.. - ITl ~ g 2 ~ ' ITl Z en ' t.olTl II) Z ITl 0 ,.... Z I l-o · -z... ,.... 0 0 ~ (') d ~ :::l C ~ ." ~ ~ ~ Z aJ Ul ~ ~ :::l 0 c: Z,., 0<1 ITl 0 ITl < C > ~ ." 0 ITl -1 ,.... 0 ITl ITl "'ij :rJ )> Or .. 00 Z ~ Z ,.., r ~ > iii > > n ~zaJ'-"''-'''o < .1- ~l- .. Q~ II) Z ,....;0 ,.., -;::- < ~ -l 0 ~ Z ~ ;0 C > li -l m · - - > ~ (") _ _ Vl Ul ;0 .j o I" iT! . f;i z 0 i1 1Tl:t: f;i Vl iT! iT! 3: o ." ;g {;l ~ C ~ 0 ~ > :I: HI : ~ ~ .... "0 I! : ITl w : il ~ Z .. II' a.. ~ U 0 -if:r: ........ '0 ::> - (/) a:: U < 0 ~ r: X 141 ll. ..' <Vl :::E 6 0 III ~ ::r: ~ ~ III 141 g ~ III ~ <( _:, WID :.:: w 141 Z Z 141 >..J W. U >- w Z Z::r: Cl. . 4( ~ 141:': w ..J :;c 0 Z III Cl.~ .. I 0 0:: III III ::E::E U 0:: <( ::E <( :J 141 0::141 >--, _ . w ~ ~ <(::J eJ Z 141 0 I-' I- > "" 141 0:: Z III "'5 - <ID ,_ > o"".....lD~:c: ~ 4(~ffi 0 Z Cl.~~:Jlj:c:z Q: ~. a: 141 w III 0:: III 0 w 0:: ::E Cl. <( W 4( ~ ::E 141 Z I- z!?o .. -'0 ~ ;:;;: w w 0 4( Cl. ..J I- W U G: 0:: <( ::J > WOw -u Wz ~ I ..... 0 F 0:: ~ lD Z 0 tl ~ L... ti ::J F 15 ~ CI I-' 0 0 ..J L... Z. . 0 < -.I Z Z f- F III Cl. ..J <( 0 W Z I-::r: III WI') .. ~ UJ ~uw~5~I-W~w5;t~~ 15w 00 .. ~ 1>-3 f - Ol-o::r: ZClZ..J_ W~W .. ~ ~ Z !Q ~ W 4( 0 CI it 4( 0 0 w Z ~ !!: ~ 0:: II I 1!2~ ~~ t) . > \.,.J ::J ::E Cl. ::r: u 3: :J L... III W U ::E ::J 0 ... ~ I- ~~ ~ O~ :II OWl . ~ Q:lL. Cii ex: --.J .. %)> 0 0 ~ -Q- @ @ fu ~ j;:j ;; ~ It &X 0 I I I I frl'\ ~ tl! ii! en 0 CO t;' U ::E I V >50 Q:I- ~ i !!' I I ~g ~ ~~ iI II ,a: I I I ~ ZQ: t) t) 'w · < <(.. · I ID ::1:11 ~ ~ t ~ , R I m x ~ I I ~:l I ~ a: I I ~ ," -- D \,J ___ u: _ 133-C:J1S OtJ~- '~:r~J ,_ _ ! \ ; I . . ~~coOOoo I ~ .. ? ; I ~ . ; ; ~. ! l 9 ~ I I I "U. .. .. "J: @',.....~~:lI 1 r- iii' :;,~ :i3 I ~l ~U ~1 C' J ..~ ___: ~ I . U.q . . it~. .[_".""'....: ~_I! . . . no" "){lOOM' - . I Ii a or- - . ''':11 -;,.,; .-;. ~. ~ . I ;~~,..,,- . .=~ :c II.. ~. - .. a "I." 'II..L.. . ~ I [il ~. - ~ \.0 I ., ~o~ I......, 0 \.0 ..N..~.~.,_ - I _! ~~~ 'J!!! ~.8i';, L_~ . 1b 8 I --.. ..;~-- 0 . .. ",i~ I ~ ~ !~ .. -... ;-.n . . W fi ~ I~ I I . ~ - - - - -- ~2 _ _ ~ ::11. '-"-.. . N '; ~ I =:J I I<iJ ~:lI ~ ~l .. ,~! ~ '. ,~",~~ .- 0 .. ~ I:. 11 . J . n U 1>HU ~..., .-i.... ~ N V X ~ II Z .:0 '"' -!.........!..~. L. - - I :;,L ~ , ...... 1 ATOl.' n .... _ L- 1 "" ~ (X) D I In... ~ . ~5 ~ l rJ W U _..,. ~ _ o w _ ~ --' l'J 'I .., .=: .. tilt. ~ w > l:Il ~ --.J ,I .""" IJ1..-:-...-.... ~_ 'if I u.. x !,. i! Q .-<" 0 ' t. I 13- _lll. - -. ::t ........ ru '0 ... i3 z P=l ~ ..!II % W .< o ~ ~ eI :;;'" II: _ ~ 0 ~ . .... ~ ----., f" C/l 0 :.. 0 1lI1 N ....v.... --.J ~~ Y Z ;; l:Il '; ~1. ~i J I Z - - - - - - m.:ro~ ~ U ~ f- 0: ill '<t II .. W .--. LO ."",n_.or.....r III O ~ 'j'", 0 I"-- j:Q -.J! ...0( ~_ , ~ ~ ~ 5 c it-' I . <( ~ ~~- - S f-- i;~ ~. 1 ...,.. lO :;,8~" y:: Q I ~. ""'. .,... ,f L- _ i' u Ii JJIol'1.4~' ... t r- ............ Z - - - L() O~.i r. --;,;.;; .. '" "'"" ~ . ,,(/) .... 0 9. U "f 3 ':i I """'100.1 r .... ::l> - ~ .. NlCIOC)a.! r..... - :;,"'~, " ; e - ~ <> I _. .. - -tl i W", - t 9 <>.. 0- y . ~ , ..JzlI\ U 5: I. - ;RW T-"~,* - .~-.- I a:9~B u I II J r -. .. ~ i' I'" ~ '" n J · i . -.8u 1\ .... n> (/) ~ t I.D if o.l I Z t li~i~ ~ ! lXJ--..""...no _-1 L.. ~ l: ~ ~ 1)>/ I I _ ~ 0_ _ _ere><.. P=l ~ .....,,: '-'''6.' - ~~ _ .k ~t u -,- ~ J>3o .. ~ of ., ".il \~ I ;; , 1 " .w l e ~ ~ l::: ~ J I' i _ ... VlI'O Iii. \:.... 6 I ~ Q ~,.. .... u~; ~o I... co ~ g",~: (") . . ~ !;-~e ~ ~ "'",3 l:. - - _ _ _ __ _ _ ~ - v x.>: "'~ .~.... _. ji.- -=~~f:. -. i : v - -. -_ "e'V'i =12 !~t I >- !II - t ,. y ,w f- ~ ! :;; 8 ~ ij, ~ 0 ~~ ~ ,. ~ , \D l'J ". _ i' U = L , .~. \0<[ 'JW ~6. a... U' (iJ .............. 'o\. ~ -.!; - - _. . - --7~ - - ~ ....: >- ,,: w -----: .. -. __.. --' ru ~ l'J t- ". ; l:Il ~ 7 ~:fl I ; .. ~ vi i :&. ~ :' ~ - i - u.. 0 - - -=--:-- ---. [."'.... ~8U ~ I~. r 5 0 0 co M I'" ~ "'i~ - - J I f l:Il l:Il -t. M I' ,.. - U ., . n .< .. e J- - :J f- n" ~.< l ~ ... g ~ ~ ~ u .~ ~::, I . L~.~ - ~'" _. --:- -~ - !tl ~ .t r. Ll '-I : ~ ~ W' 'I ""..Lfl > (k: .,~ ~8u c'-J~ . i~ig , b I I .. \ 'oi -- ~~'""~~ - -! ~ .".. ':.lO ,. c- I - 133lli3 O~~G ~3'~~ _ _ I e liD u_ - i -- II HISTORICAL SURVEY OF BANKERS ROW . -'.I.~ .'....... . ~. f............. f...............~ ~........... ..._....~ A. CHRONOLOGY OF EVENTS HOMESTEADING PIONEERS The earliest owner on record of what is today known as Banker's Row (Blocks 66 and 74), was Albert F. Quimby. Although it is not known exactly when Quimby arrived in Florida, he was most likely one of the earliest. White American settlers in the Southeast part of the state in the 1870s. Quimby may have been motivated by the Armed Occupation Act of 1842 which provided homesteads for a great number of people who might not have otherwise moved to Florida. The Armed Occupation Act was federal legislation designed to encourage people to populate areas threatened by hostile Indians by offering land to any man or head of a family who would improve and defend the property for five years, after which time he would receive title. Quimby probably filed a claim for a quarter section (160 acres) in Section 16, which included present-day Blocks 66 and 74. The little information that is known about Quimby comes from the reminiscences of Charles Pierce, the son of another pioneer settler, Hannibal Pierce. Pierce recalled that not only was Quimby an early land owner but he was also an early politician. Quimby was elected County Clerk in 1888, when Dade County included most of the Southeast coast of Florida from Jewfish Creek to St. Lucie and all of present-day Palm Beach County. He was elected to the Board of County Commissioners in 1889. A year later the United States Census reported 861 people living in the county. THE TOWN OF LINTON, DADE COUNTY In 1894 William S. Linton and his friend David Swinton visited South Florida with plans to carve a niche in the tropical wilderness and establish a settlement. Linton was thirty-eight years old and served as postmaster in Saginaw, Michigan (he would later be elected to Congress). Swinton owned a bookstore in Saginaw. From West Palm Beach the two men traveled to the Orange Grove House of Refuge, located on the beach ridge a few hundred yards north of present-day Atlantic Avenue. Built in 1876 by the United States Life Saving Services, the building provided a haven for shipwrecked sailors. Linton was impressed with the potential of the area and paid twenty-five dollars an acre for several quarter sections West of the House of Refuge. Swinton was disillusioned with the junglelike land and was anxious to return home. Upon their return to Michigan, Linton began * Footnotes: See Appendix B 8 '.. promoting his development in newspapers in Saginaw, Bay City, and Flint. Approximately ten men purchased five-acre tracts and in October, 1895, Linton led them .back to Florida. The group stayed at the House of Refuge while clearing land and erecting temporary shelters. From October to December 1895, Civil Engineer E. Burslem Thomson surveyed the wilderness area that included the Orange Grove House of Refuge and prepared a map for the proposed Town of Linton. Unfortunately a freeze hit South Florida during the winter of 1895, devastating the settlers' newly planted crops of vegetables and citrus. Many original homesteaders returned to Michigan but those that stayed received assistance from railroad magnate and developer Henry Flagler. He offered seeds to plant new crops and brought his East Coast Railroad to the area the following year. The coming of the railroad attracted new settlers, created new jobs and brought renewed hope to the tiny community. Thomson's map of Linton was recorded in July, 1896, signed by James E. Ingraham for Flagler's Model Land Company and w.s. Linton (Figure 3) . Blocks 66 and 74 were located outside the original subdivided area, and were labeled on the map as "orange and Lemon Lands." Although Linton returned to Michigan he gave his name to the town. One of the original settlers from Michigan who stayed in the area was Nathan S. Boynton, who later established the city known today as Boynton Beach. Boynton purchased a tract of land from Quimby in 1898, which included Block 66. TURN OF THE CENTURY -- PALM BEACH COUNTY By the turn of the century a post office had been established and the population of Linton included 150 residents. Soon after, the name of the town was changed to Delray, in memory of a Detroit suburb and former home of several of the early settlers. Four churches were established, a womens' civic association was formed and in 1908 telephone service reached Delray. In 1909 Palm Beach County was created from Dade County, making it the 47th county in the state, and the boundaries encompassed present day Delray Beach. W.J. and Hattie Green owned property which included Block 66. A THRIVING TOWN The population of Delray in 1910 was 250. A year later the Town of Delray was incorporated and John Shaw Sundy became the first mayor. Sundy was an early pioneer who had come to South Florida as a superintendent of construction -9 - '" . '. ;.\ ,-.- ~ '. ". . j, l' " . . .~. . . ,. . '. ,0 , ., . \.0 . ....,,......,i-.:....., ....,-.v 0'\ , ~.,-,." (Xl ,I tI#II,.....,.,.~.....,"'~t_,-.......,.....,'Jlt'....4M --l I' ' . · , ~z:-~_._",".",---- , '~. ...":::"~e:.{..:..=..,.,...:::;w-'~; .. . ,.... ~......,.,~~~..,'" ....,......,~.=.::t"t:.. Z -- . 0 . ) . t. H ~ ,.. I--..,_~,-.-..,~ ""-'- . ~""'=''.U:f....--",.....,...:tf,.e--': ~ .,....~=,...=-''''::r,;:-:..7.;=~~' ._~::.~ 0 ::.-:-"c:-.::..~::;: -;:,,:..-:,:':...-:::../f.::::;,:::. ....). ":-',,*. IMo"-'-_ ._....._......,..., ~___........ ~ o E-< . . ' . 'r. ."'" .... -_ II ~ \ C"") '" . . . . 0 ~ \'.. . . .' t '! '" :" 1 , !' """ 0 ~ .. ... ..c '" , t!> ,> H . -r ~. ~ ... ~ { . ", , ".,ca. . : . r 4- .: : ! I 1 ~ '. 0-11''''' .:'. .. i , .0: I. t.! ..' t 't1 II . . . . ,. . ~ :ii; ~ -; ., ... '" ~ " I ~ '&.a.f ,..... ---'a. ."U 6..... . ,.' -~ ,. ~ t &'0 " J . -! ./ · ., I I I . . '. ' .. , J ( t I ' '1 It Ii ".0 ,...:..: 1 ! f I I .. III Ill... l 1 .. . .--- ~-- --~ ~ ----- .- I ---~ ~-- -- ~- ~ I . I, "" I' I I Ii. I -, I . , . . t . . t ~ . I I '" I I I . I I I' I I .. . t" .. .> . : ""'''.. I I ." ".. ': .. ~ : ~ I q I." . . I . , --.. -."- "- - - ---- - " . f . I 1 ~'" I l I . ......, l . ;. ~ ~.! t .... r, L . . \ "-'..~ ":;:- - ".' ..l.:r:r~.,l..---"" _ _ .. II: ! ! l .. : : ! I . I,.!,' ~ ----n -~ ~~ti~;:_ ~- , . j . 1. ..-_ - - --_. ___. '4_ ~'" -- - . .,-~'" -... I' --.-. --- ~- -.-. .- -- - -.. 'C..~~ . : , I ',' ., -.. , j ,....,.-- ~I h>",._~ - -- ~ : ! , I I, '. " 0 . I .' I ;. . -.. - -_ ..l V . -- .' , I' ! , 'I I....a J I " -_ ..' I '. . . . . _ .'; : j~l : 'I - -'- r ----.~..J J S'.:77/-V-- . I -. , , I : ]1 ,. .~....,~ , 1 _-',a --. -.-- - 'I' -. I I'.: -"J'-" --:_~- I ' ) , , ., J' ........-: _. " .. .. " 'I-l' I , ' '~'VV.:J" : " ,\ 1 , I' I It. ", . ij ~ '; I I - . l"' 1.: :' I 'I' 'J' . ; : : , 'I · . . ..' .. . 4" ..> .. ", " . .. I .. r . ~ I ' . . . : . .. --..1 - -------.~'~ --- .- ~~T~./ !'!" _...... ..._._. __._ ". , _ I ; .' - ~ ~ _. . ~;4 I. ".... ;. T...... I , n . . I I. '...... " ' , " , " · .. .('. · : l' Ii' 'I' J ' ' " ,," J! : " """I' : ~: : .. II ': ~'~, . , ~l, -EUiU'i.r=rTi1 '-';-"'~'~--"'-": '-', l" "I:'. !-i '-l-rll--i-'-Jlj", ;,.IT8I~['Jlill- -c ! I,'. . .," '; '-~"""" ,..', :""J "," '.1('1"'!' '," ., ::-.".'....:<...!..'.J,..,t-. ,I . 0' ,.i u . I, ~ L I,. _.!, I "Jl- '- l.j '; ~'I; . _ I') ... . VI - _. ._, ova . l ~, ' '.' ~ :t -r . ., ~ 'I . ' r '1 -" .- - - . - ~ -.- p. .~' . . .~,,~,JEf:ll![.h>:....;,::I.::..'.,,~: !nl:i:~..:.'I':I:",I:\l.j.!,UJH.H~,lf!,Ii+~.~JJ]~Ci 'C]' "I, ,'t:.. .' ~" TT1 rr,j If r I~"" - . ...t. , " ' : I I' 'I! 1'-':") il 1~rT1TT ~.' I .c-"'. ;".t 1 '...: - .':'. 'l'nTl~ i'}.:.',," .' ~: h "1"1' I" <'j~1 ','1"" ';','I;J;~I,J'tl'i" ..TR2i ': ,'. . ., .. I " '.. "~" 'r.._~....__~_-.-:;---L__-h:.:_____uL..:.".::- .'_ . C" I)'" 'I:: ,.- I,...., J I , . ;;"::_ NOliv....Pff'. ~ '_~'::_~_:::'____'I" ..}If . , . .. 1 ,.' . . r . > ~. . ", 1 t . .... .. , . .;, . '~:. ,:.', -", . ~ ' ' , ..' , ".' , ,I t,. I i , " ~r.J"... '~'..:,..J. ' :',;." ~.~ .' ~ ':',' ' :!!::~" - l' I ::, . ,:, fil.i 1 ..-_..-~_.-:....t;:;.. ----~~J ". 'J'i'i--"'---'';'~-J'''--'I. '_. ..J.......u..__-" L___________m ~ L__,_________~." . , '. ~ . l~IGm ITIm' ~ '1 II' ... "" ,", .' .~' . .. .. ." .'.., ..,:',...... ,........ I.... . I r ~ _' ,', .1 ~ .. , :; I.. " . ..' . . I ' . . i, : I .. ...., " - . . '. -'.. ~. ~ I , '. . tI. ,. . '" , . I .. ",," .' , t , ,1'"' .~ ....~(. ' "J, ,~~\, '.' !",:'" ......."...;,'v'. · 1\' ., ~fJ .,.1 ~-~ ,..-;~' '\,- O'[JITillfBrrEIJIlIl:] ITIJJJIIIEl- ~ .-.-', j "'~l "..) ~. .' "<~j5:/ ,'" .-;!: ",:", "~"'~'l "'....I~ I. I . . -- ~ - ; ~', : ." It ,- ! I '. ' . I . t ~. - . . I',::' t ~ ' :~"}!. ,i.,.. , <,~~~l., ,~~JJJ'...,'[[J;lmill · !\ I r; 1.ll 1_ .. I ,', j 'I "'''' ~~ . ~.~ ._~...~ . I I ., 'I'" [J ..- .....; I , ' " It.. . .., ... . .1. . t.. --.. ~ : ~ :, I " j ~,," .~ '. '.' .1....'.~.~ '. ,1\ ". I .., ,... LJ...J..:llD . I' ~ '~"'- "'--C~ , ' I . , , I I' [J]Jjjjk-l -> _. ---=c -- I · . . "jJ . . ~ QJ!<lOd' . " . .~'..~,-.. ' ,..I:~ '~' . . ., "ll, ~""'~"~" . -, " ~~-:"~~- ,( I, "I ""I' ;.".~---~ . , ~,' " ,.;N"~V ,I'. . ,II" . : . . ,. OIIIIJ;.. I . DIDIJ ~ . r ~. ': J ' ., h . . . .. --.. ~ - t " l--ttlJ"{' l' ""01 !oJ , ., " .. . V), .,. ",,"".1,. .,.~:.:=t~\'I.,.,..f..~~ I. . .. I t,'b ~)I ., 'J - '" . . 1\1'''''' "fr)~ , ,/". '. \ ~ ;, . ~.. l ,'\ ... .; .. ; , -' .... : .. (j I 7r - ~ - ~ " i ~.,J l .,.". "I ' . ... t .. .. (, ~ .," .. ~ ". ,0 , . .(~ .). '''~O''v'A'~ ""\ UIIJIl]] .' . ~ ~~~ b:1~ . .' ffiTIIIIJ L')' . ~ . II. '. ~'--t-'~. , .-'-.:t.I\V-'-.-.-'-'---.-'-~~.~.'- -.~--'-..--.---.---.-N01NIMs:. --'-+-.-~ " !f 1 . EEJIIIEI] CIJJillJ[] J illlliIJJJ- ITIJIJ:I8 . ..,1.' " _ .t ~ ~ ~ t '. ~ ....,;. '"-.-- -, .: ~ .. . .... . ~ : ~ ~ . ~ ~ . J t 1 ".. . c.' . '. :.... ... - . 'II , I -:.... I : r ,r """ _ ,,1 .J f) ~. ~ j. . .. . ., :z...... .....,.. ;.t",,'-'~'~\J 1 . 1., · rr.rr.T.'tTT.l ~ . ' .1~ ~ " · . f '. {o"~ll1 ;..t~ .,1'\,{\~I.';.V . . ~ ITLL.:..LJ.:J Ll.L.J..:.LLJ ~ . \' " ,'," ". ' I ~ n-:T:TTIlu' j n~l J.T:TTT,TT;TI - · . I . II .. Q . ~ L.Ll.:.liLl~J . I .. ~ l.LL.lJ.l...LlT ,~ ~ ~ ~ ~ I , .' ,I, Cl ~I . - ." ,. '. . \ .... . . OTIIIIJ] fTIiTIl - ' . ITTJlll OJJJJII]' . I , 'I 1'" [[[[llJ]J OJJIE' -Jr--l1. 'r- - , ..., 'I .. ........ ."~.~l':"~ .....~I. .. ......b.~....!:'! . :- . ' I . I.. ' . ""., I . l' ~ .' - -- - - .' ., . 0 .1 . .., ~ ,= , .. .. .. '\ "~ ~ " .,.., " ' · ,~..,..... [:J.TJ.[.J'IL, 'I." II ,......' .' , .. . I. .J.:CL -- ... . _I I .' \ " flT1l IT1 rITElTlr:'j. ... r- ['lIIlllIJ' ~ {o.o! ,t. , . . - '. I I I . j' , , .'. ' .' .'. I .... I ,': : I> 'I' 'I' ""~"" ! . " I .. ' , "2 ~ , ( .. ' ~ ~ t - . > · ." ~ ~ 01 . I ' ..... ,,, ~ f .. .". " ..,.... ., .. ,t,. . '"iI' ' . . I. .' [- fJltLIJll LLJI.j.; :. L'I-1'I-j ITIIJI[[] . l'j . '.7t\V Nor;;WV7 ' :. .' 1., . I. . I [illIEIJJ rFrIJTJj :.' . 0-:- [IJJ'JJ11'.I'I'JJI'U~) -'-.-!, ..- ...~ .~-{ , . ",,," . \ ". .. .. .. J]JIijJTI lJIITlj-' -~~ - .. J. lIJ::l' 'W'" J 't"JJJ<JJJJ- - - ." " .'. .. ... , .." ..., . .." .. . ~ , .... , . 1 . '......~.'.,~.":.,".'-'.,J,~.} ,\ '.'... . · . ........ ....,......:..--.~. ..'.,.. "~-""'i' "; . I ) . . \ ' :'1.' , ":' M ,,1 ' ~""; .,~," "7NHOon" , . .. , .... I~!j ~, r ~' : ,.1.1;' , .! ".! I~ : [=:_ ~ ] :: ~ ! ~ I ~ < 'i ': '. . L "" V/N/!:HT/t\ I' . " I ~---------.-- .... ,. ..... ".' . ' .. .. " - . " 1 I I ' I .: '. .. (' Q' "'. ,., .., , ~ ... .. I . .. ,. 'II "" ......." .. t ..... , f . t ' . , , .' 1 -- I - -.- --. I . : ,I, \.~ " . 'r.'~::, I . 'II -' I ' II, · II "I · Ii') .. ~.~ .~ '1'.' .".: : :'~~ . :. . ".' : .' j ~ "....... ....t",.,.'.:.(., 1 ......'0,( .... . , . '. " . --- --- - . . '."~ u u .. u, "'_' " " .. " u , " " .o'L.. ' .. ...", _ M,,,.. JJ) , .6 L' , ' ..', , .. .., ' , . <' .' . l'" ... .. ,. '0 . .' I 'v l,; 'It\. ~.. .' ," '. .' '.' . " ~ . '. .' .' , , .. ,- . . " ' ~ !'. ~ . , L..; "'., _ . 6 4 _ . _ . , . .. r." 11' . 1. . . ) '_ I,,,:'; ,_ '_ ___, I ___ . for the railroad. In 1912 the first bridge was constructed across-the East Coast Canal (later known as the Intracoastal Waterway), opening access to the beach. The Bank of Delray was founded with J. C. Troup as president. A library was also established. In 1913 W.J. Green subdivided Block 66 into 16 lots and filed a plat on February 17, 1913 (Figure 4). A year later he sold the property to J. S. Sundy. The town's first newspaper, The Delray Progress, was published in 1915. The high school graduated its first class the same year, and the Bijou Theater opened in 1917. The United States Census reported 1,051 people in Delray. In 1923 the community between the East Coast Canal and the ocean was incorporated as Delray Beach. Sundy continued to serve as Mayor of Delray until 1923 when J .L. Love was elected to the position. The De1ray Beach News began publishing on a regular weekly basis on August 10, 1923. A one year subscription cost $2.00 and Lon Burton, who had previously owned The Okeechobee News, edited the newspaper. Also in 1923 local residents passed a $50,000 bond issue for improvements in Delray. Twenty-two thousand dollars was earmarked for an engine and equipment for a water and light plant, $16,000 for land and improvements for a city park, and $12,000 for land and construction of a municipal building for city officials and the fire department. TWENTIES BUILDING BOOM The beginning of the real estate boom in Florida was evident as early as 1923. It is difficult to pinpoint an exact cause for the unprecedented inflation in land sales as there were many contributing factors: increased use of the automobile, an extensive road building program, climate, assurance of no income or inheritance tax in the state and a general revolt against industrialization which helped drive people to new and less developed places. Al though the boom was fel t statewide, it was concentrated in South Florida, particularly in Dade County. Prices of lots doubled or tripled in a single day. In the city of Miami, the assessed value of property increased 560% in one year and fees assessed from building permits skyrocketed from $4,000,000 to $58,000,000. According to historian Dr. Donald Curl: While the boom has often been viewed as a Miami phenomenon, no area of the state was immune to the 11 ,'. - . . . -- .~ -:- - .1'':'' , -- .---r-- . . \.- ~ . .. - . ., I.- . , ... . , , '1 , :j~. . , ,~ 1- fk"~ q .~.~ I. 'I .. ,."- ',~t~ \ .... .. . ; . . . (.,,~ lit. .. . .,.. .....~. , . . IH 1r I. t . l~ ,~~ '. t If '.. il ~' ...1 0,;', . .&. (II .... . j) .~ ~tl~':i: tt . c ~ ~ . ' .11 .t I 1 o' ~~; f J 4 .... -"1. ... ~ f; HI; :.; ~ .,.. ~ ; j J r r . !: I ~ .1 n ; . . . . .~~ i ~l'~ .. ~ 'OS ;11 ., H~ -r1'" . I!.. '~N 1 ~. . ! .;! i : -1\ }~J ' ~ ..!- i ~ . - . 1'1 , : i 1 'i orl. i~~ :. J 1 .. T : .J Q ,J. . l '1: . flc! i...)f . . I, t. I i~ .,1j 1 -:::: t 1, j, ~ ~ J C , . r of I J "i " . ., . . 1 ~ i:;i i . ! JJ } i i -; : . #> . ~~;l~ =.1];...... . ~ {;. . ,.. . c ~; (' f -Z,. ~ !~;: JUJ1s'l ......,~ -..r.ly,!~ t : 1 ~ ! J . , · 3T I J 1 r ..)- .s... ; l-l ~ '~ 1 T . ~~ 1il;i 1 a .. f . 1-', 1 '" .i! 11 d ~ or ~ J{ I~ I :~ ,., I t "~' ~ . I I.~ 1...,J ~~ i ~1 ; {! U l "'T~f~.. . . I.......: ! J -'.t a -r ~ 1 f ~) . JA ~; n.& . r I ~, ..s tC f ~ " -!i : ~:: , , ~~ . .~ . " j L : ; I ~ . i J ..,;../;' ...t.S I '~N . . . ----"l .~ ~ ~ , , ~ ~ ~ ~ ~ " I ~ '0 . ~ i"" ~ ~~~H I'^ . r. 1 ~~: .! I" ~ l ~: '''-1'- j ~ . l ,~ '- ~ ~J I ::J I ., ---+ ,~ ~. ~;::j ~l is::\1 ;. '~1 .- III ;u . '. ~ ---1 ... I I , '\ 3 -. . '- , e. . ---, I . . I I I -; '. - 1 --- -. - _.. ~ - T - .,.- - -. - - . 12 --..~ ,., ....... speculation fever. The postwar real estate boom in Palm Beach - County began as early as that in Miami, featured schemes that equaled Miami's in their imagination and fantasy, and also captured national attention. The Delray News featured full page advertisements announcing the opening of new projects, developments and subdivisions in Delray. Articles were published predicting the great profits to be made from land and real estate sales and the rising values in building activities. Over 86 realtors were doing business in Delray. Among the many new developments were: Delray Shores, Vista Grande, New Cres t Lake Park, Rio Del-Rey, Del-Ida, and Dell Park. BANKER'S ROW EAST SIDE -- BANKERS AND BUILDERS In 1924 J.S. Sundy sold Block 66 to J.C. Keen. Keen was the proprietor of the East Coast Produce Company, Vice-President of Ocean City Lumber Company, a member of the Delray City Council and a Director of the Bank of Delray. Rather than develop Block 66 as a subdivision, Keen decided to sell the lots to other wealthy businessmen in Delray. In December, 1924, Keen sold a lot to Leslie H. Walker, one of the largest building contractors in the area. Walker was described as a "builder and contractor who has established a high reputation for the excellence of his work." Walker was responsible for constructing many residences and commercial buildings including The Delray Theater and the Rawls and Fisher building. Matt Gracey bought a corner lot from Keen in 1925. Gracey was the owner of a real estate firm of the same name and was involved in many developments in Delray during the boom including Lake View Heights, Ocean Breeze Estate and Waterway Lane. Gracey served on the Delray Realty Board of Governors and the Delray City Council. Keen also sold another lot in 1925 to C.Y. Byrd who was involved with Gracey in the development of por La Mar in Boca Raton. Byrd was an attorney and one of the financial backers of the Alterep Hotel, now known as the Colony Hotel. In 1926 Keen sold a lot to A.G. Evans who was the Vice- President of the Delray Bank and Trust Company (Figure 5) . Evans was President of the Delray Chamber of Commerce, a City Councilman, and also involved in the Alterep Hotel project. The Delray Beach News wrote glowingly about Mr. Evans: 13 II.'. '.f".",_>.~ . . . - Delray has not a better citizen within her limits than Mr. A.G. Evans, cashier of the Bank of Delray. Thoroughly progressive, always for any and everything calculated to improve and build upon his town and section, cheerfully giving sound business advice to all who seek his judgement and a good, clean Christian gentleman Aubry Evans is a man who is a great credit to his town... By 1926 four large homes were completed for Mr. Gracey, Mr. Evans, Mr. Walker, and Mr. Keen (Figures 6-12). The Delray News featured a picture and description of L.H. Walker's residence: This beautiful Spanish type house was designed and built by its owner, at a cost of $15,000. It has five rooms on the first floor, and a ~leeping room with windows on four sides, and bath on second floor. There are two porches fourteen feet wide with mosaic tile floors. The interior is the work of an accomplished artist. STREET NAMES At the time these houses were built, Northeast 1st Avenue was known as Gaillard Street and Northeast 2nd Avenue was called Perry Street. Northeast 2nd Street was known as Thomas Avenue, (perhaps named after M. S. Thomas) , and Northeast 3rd Street was Sutton Street. By January, 1925, M. S. Thomas and William L. Brown owned Block 74 which they subdivided into 24 lots (Figure 13) . Although platted and subdivided, it is somewhat surprising that the block was not developed during the real estate boom. This was particularly unusual since boom time Mediterranean Revival style houses were being constructed across the street, in Block 66, in 1925. COLLAPSE AND DEPRESSION The land boom reached its height in the spring of 1926, however, it had done so on too many empty promises. There were hundreds of small developments attempting to imitate larger, more successful ones, but many were fraudulent ventures. Real estate prices began to sink, buyers disappeared and increasing numbers of people found themselves holding binders on property they could not afford to pay off. The final blow was a severe hurricane which struck the Southeast coast on September 19, 1926. Whatever remained of the real estate boom came to a dead halt on that day, and South Florida was plunged into a depression a good three years before the rest of the country. 15 .'. " ~~ < --,,,:"" ... ~"'f41"" ': :~ .-.. '~' ' - -w ,- ~'* Yoij}p:t) - -~'-- ' __''--;':., -.' 't~*I"'"< . . ~J'J . ~;!4 ' I' .'111> . - ' Fig. 6 lC. Keen House (#226) Front (East) Facade The Delray News, 3/19/1926 Fig. 7 J.C. Keen House (#226) Interior View The Delray News, 3/19/1926 . . . . - . . . ~'~WJj """" . . . . - - Fig, 10 A. G. Evans House (#238) Front (East) Facade The Delray News 3/19/1926 Fig. 11 Matt Gracey Home (#248) Front (East) Facade The Delray News 3/1911926 . Fig, 12 Looking South L.R. Walker House Foreground (#234) J.C. Keen House (#226) 1926 Chamber of Commerce Promotional Brochure In 1927 the towns of Delray and Delray Beach joined and incorporated as the City of Delray Beach. Lysle Johnson served as the first mayor. The stock market crash of 1929 sent the nation into the worst economic depression of its history. Statistically, Florida seemed to suffer less than the rest of the country; however, that is because economic indicators had already been seriously depleted by the real estate bust of 1926. South Florida weathered some devastating years during the Depression, but its recovery was more swift than the rest of the nation. The area did not lose its appeal for the few who could afford vacations. Tourism was encouraged during the lean years by gambling, bootlegging, the mild climate, and affordable housing and tourist accommodations. RECOVERY AND THE NEW BUILDING BOOM By 1935 South Florida was on its way back to economic recovery. Visitors to the area were now mostly part of a working middle class who managed to escape the national gloom to "get away" to a semi-tropical paradise. A post-Depression building boom began in Delray Beach in 1935. The city's population included 2,819 permanent residents and 2,200 "seasonal guests." October, 1938, was the busiest month for building in Delray Beach since 1925. The Delray Beach News reported that the highest total of building permits in the history of the building department were issued in October, 1938, totalling $133,365.40. Today that would equal approximately $2,027,000. The total for the year including the month of October was close to half a million dollars - $494,172.59, or $7,511,000 in today's economy. BANKER'S ROW EAST SIDE -- MACKLE BROTHERS TRY THEIR LUCK By 1938 Ruth Munier owned lots 1-12 on the West side of Block 74. In October she sold the lots to Frank E. MackIe, Sr. According to Frank MackIe, Jr., his father bought the lots for him and his brother to develop and sell. In October, 1938, twenty building permits were issued to F.E. MackIe for 11 main houses and 9 guest cottages on Northeast First Avenue. These building permits represent about 25% of Delray's building permits issued that month. "The Delray Beach News" announced that "all homes will be of frame construction and will cost $3,000 each." In 1990 economic terms this translates to a cost of $45,600 per house. In November, 1938, The Delray Beach News reported 20 - " -- ~.~- ---- "~~_.._-_..- - - ~ - -- I - I (J 1 I T ~.,,- ~ I I I , I ) ! ~ILLAAf). .- ~ - STREET . - . I ! , I .- I .. ~ (,' 5' , I )0 -- --- - -- -- -~- I ~ .j,. IS ., " - ~ ~ if' i c: I <. -1 ", :1 ~ ~ '" ::: IS '" '" .... a- u, .. .~ " , <h - . " " >, 0' J'~C:_. - - ----_._-------...:....~ I ,.' ;( ----:Jo- -. ~.J()-- -- -~--.....----TO--~, I ~ if . -1 <: Q " Q a\ ~ ,.f,. . .(J III 1" '(j) '; - " ,C' 36' JO JO' ...._..2.E. _ ___~___ ~ ~ ~ TRf:.t. I I CD .-- ---.1 PE:nR-'I ,.- - '0 ~ 0- I I . , I ",< r.o; ~:o :-<z . 110 C" O{J) ~, r ~o . () /\ ~ , r H 2j tHi n~ ~rtmr ~~ rr hl~ 2~ ~.' !hg )1 ~\ I I ~ q {r r ~!;I . .: ~ H a "!;I , r I It !;I j I. ~... ~~ It,,,n !;I,::l ~I If ~ I , ~ i::~ ! II~ ~ Iff!! !I -r J f, I: I~ ~~ ';J !':!! If'! ID ~ l~.11 f S .. I I: ~ ! . z .f ,.. 's\", I c'" I t II % ~ dJ, 2 ~ tiitr ~ 1I ~~~ t 'i! ;0 .1J"r ~ 1 jilt 0 '\' r , I . 0 I :::t ; 1,: (I) hlr. ~ ~ lfl~~ ~ () f~ ~ ~ ~W~ r;~ ~ Ht1J ~ r!IJ! :j ~ - . ~ r "f lil 0 -'. ~. =: t r ~ ,lIt, ~ . z .'~ ' i ,~ f' ~.? r r ~ll '1i) 1:1 n !:Jf r . . ~~) o f 'I tr ft~' t , I . '~~'f ' ,:ro l~ It. ~ r II ' ' fl1 >> , , l! P, .. ~ : 1 ~ f r 13 i , t t ,.r ISh ; ;~. I ~ , If} . : r .. f ~ I ,~~ I ~ ! . ~___ :..&..ri - ...-. - .21_ .,-_ , -- -..... --.- -- -_._. -- ,.. . Fig.14 Front Elevation (East Facade) Matt Gracey House (#248) dated 7 n /1925 Sam Ogren, Architect Property of Frank McKinney that "l-'Ir. MackIe will insure his houses through the F.H.A. and will later make formal announcement of prices and terms to buyers...Twelve car loads of lumber will be used in their construction." Three months later, in December, 1938, the MackIe Company placed an advertisement in The Delray Beach News announcing that "the first of a group of 20 new 5-room bungalows being built on NE 1st and 2nd Avenues, between 2nd and 3rd Streets were open for inspection and for sale." The first new home was sold in January, 1939, and the development was sold out by the end of February. The first home owners were: 201 Northeast First Avenue Aaron T. Smock 1/1939 203 R.E. Ault 1/1939 211 C.F. Etheridge 1/1939 215 J.L. Patterson 1/1939 219 Frank w. Stanley 1/1939 223 Howard L. Cromer 1/1939 227 Goldia Hodges 2/1939 231 Harry J. Morgan 2/1939 235 Katherine S. Gay 2/1939 239 R.C. Keen 2/1939 247 Archer J. Adams 2/1939 Little is known about these early owners except for two families. First, Marjory Adams Goodman, the daughter of one of the original owners, Archer J. Adams, recalls that her father moved from Ormond Beach and opened the first Chevrolet dealership in Delray Beach, Adams Chevrolet. Ms. Goodman recalled that Mr. Patterson was a druggist, Mr. Morgan was an accountant and Mr. Keen was an electrician who operated a store that sold stoves and refrigerators. Mr. Morgan's daughter, Pat Merrill, and her family still occupy house #231 today. IN LATER YEARS -- ADAPTING TO CHANGE The homes on Banker's Row have a history of responding to change and economic opportunity. Throughout the years they helped ease a critical housing shortage, provided accommodations for seasonal guests, and one home served as a private day school. The Army Air Corps established a base and training school in nearby Boca Raton. The facility opened in October, 1942, and trained more than 15,000 men a year between 1942 and 1945. The air base dwarfed the small town of Boca Raton, which was unable to supply enough civilian employees or housing accommodations. Many of the houses on Banker's Row were remodeled during this time, most converting garages to living space. 23 ,. Heuses on both sides of Northeast First Avenue were rented out to tourists on a seasonal basis. Wood Cowan, the artist who drew the Major Hoople comic, was "temporarily located at 211 N.E. First Avenue" during the 1939 season. Chic Raymond, noted cartoonist of "Blondie" reportedly lived and worked in the Gracey House guest cottage. Artist Aaron Smock lived in House #201. Elizabeth and William Gearhart established a Day School at 238 Northeast First Avenue during the late 1940s. Classes were held in the main house, and the two story garage served as the kindergarten. Reverend Marland w. Zimmerman, former rector at St. Paul's Episcopal Church, took over the school in the early 1960s. Additional information about these houses is located Appendix G: Master Site File Forms. B. A MODERN POSTSCRIPT Over the past three decades the conditions along Banker's Row have evolved in a manner common to many small Florida cities. The prosperity of early Sunbelt expansionism gave way to urban core decline in the late 70's and early 80's. More recently, public and private interest in historic preservation and investment in structural rehabilitation have sparked a renaissance in certain older neighborhoods. The Banker's Row Project was initiated amidst such an atmosphere of investment. In the year before the project was initiated, four of the sixteen historic homes were purchased and renovated. Private investment has attracted public attention, and the Banker's Row block has been featured in several newspaper articles, including a piece in the New York Times (See Appendix J.) In this way, the timeliness of the Banker's Row Project may be the cornerstone of its success. At present (1991) nine of the seventeen properties are owner occupied. One resident has lived there since age 5, and is the daughter of an original owner. Another family has lived in their home for twenty-five years. Three of the other owner occupants have been in their homes for more than ten years. Most of these families have no plan to move away from Banker's Row. Most of the main buildings are augmented by auxiliary buildings (guest cottages) which serve predominantly as affordable rental housing. The current property owners are as follows: 201 Larry and Anita Siegal 203 Arthur and Rosetta Clar~ 211 Richard and Barbara Kamhi 214 Raymond and Ruth Struble 215 Cora Messer 218 David and Diane Gerhard 24 .'. 219 Bill Richardson 223 Gene and Janet Fisher 226 Bill and Barbara Murray 227 Steve and Trish Pescatore 231 Bud and Pat Merrill 234 Bert and Marsha Wasserman 235 Melissa Fiarenza 238 Bert and Marsha Wasserman 239 Cora Kulok 247 Joseph Weed and Martha Kendall 248 Frank and Nilsa McKinney What the future holds for Banker's Row will be determined by these property owners and by the forces of economic adjustment. This Re-Use and Restoration Plan proposes to capitalize on the history of Banker's Row by accentuating its attractive features and promoting nonresidential uses of the properties. With the assistance of public resources and good press, the residents of Banker's Row have a good chance at transforming their quaint neighborhood into a trendy one, and their older properties into valuable historic real estate. C. ARCHITECTURE OVERVIEW Banker's Row has two faces, like the sides of a coin. Each face is cohesive and architecturally consistent (except as noted later) with its own distinct style. Yet the two faces are very different from one another, the two historic styles separated by the Great Depression. It is visibly evident that each side of the street derived f rom a vastly different environment of technology, design fashion, wealth, development philosophy and target market. Two historic architectural styles and a modern one leave their imprint on Banker's Row. The earliest, Mediterranean Revival Style, includes five houses on the west side of the street and most of their ancillary buildings. Construction dates for ancillary buildings are not all known. Next built were the eleven MackIe Cottages and (originally) eight guest cottages on the east side of the street, built in a frame vernacular style emerging as the Traditional Minimal Style. Some of the original guest cottages remain in this style. The third style, Modern Masonry Vernacular, is not yet historic. It typifies recent masonry residential and light commercial construction following WWII. The brick faced 25 ,.. duplex_on the west side of the street (214 N.E. 1st. Avenue) is of this style, as are some of the post-WWII Mack1e Cottage ancillary buildings facing the alley. While the duplex, particularly, is stylistically incompatible with the street, all these buildings have the important architectural role of maintaining historically appropriate building density. ARCHITECTURAL STYLES: MEDITERRANEAN REVIVAL STYLE The homes on the West side of Banker's Row were designed in the Mediterranean Revival architectural style. Sometimes referred to as Spanish Eclectic or Spanish Colonial Revival, this style is most often found in those states that have a Colonial Spanish heritage. The style was first popularized through a detailed study in 1915 of Latin American architecture made by Bertram Grovesnor Goodhue at the Panama-California Exposition in San Diego. The Goodhue exhibit prominently featured the rich Spanish architectural variety of South America. Encouraged by the publicity afforded the exposition, architects began to look directly to Spain and elsewhere in the Mediterranean where they found still more interesting building traditions. Even before it became a popular architectural style, Mediterranean Revival designs appeared in Florida. The first expression of the style appeared in 1888 when Henry Flagler asked architects Carrere and Hastings to design the Ponce de Leon Hotel in St. Augustine. The architects concluded that the climate and historical heritage of the city lent itself to some form of Spanish Renaissance style. Flagler used the Mediterranean Revival style for many of his other hotels and train stations along the railroad, exposing seasonal visitors and newcomers to the "Florida style." Well before the twenties boom, South Floridians were familiar with the Mediterranean Revival style, due in large part to Henry Flagler's personal taste. Addison Mizner helped further establish the style by designing the Everglades Club in 1918 in Palm Beach. The style was immediately popular as a romantic alternative to the common wood frame structures and drab shingled bungalows. A popular building style in Florida during the 1920s, Mediterranean Revival is closely associated with the land boom and became the style of choice for developers. Mediterranean Revival architectural style has been called the most significant expression of South Florida's lifestyle during the boom years. It reflects the excess and extravagance of the Roaring Twenties. It is ornate, pompous and flamboyant like the wealthy industrialists and speculators who built their winter residences in South Florida. It is deeply rooted in the Spanish heritage of the state, yet in tune with national trends of the time. 26 Identifying features of the style include flat, hip or gable roofs, often displaying some form of parapet; ceramic tile roof surfacing; stuccoed facades; shed or flat roof entrance porches, commonly with arched openings and elaborate columns; casement or double-hung windows; and ceramic tile decorations. Applied decoration is generously used such as elaborated door and window surrounds, stucco or tile decorative vents, window grilles, elaborated chimney tops often with small tiled roofs, and balconies with wood or iron railings. The style continued in popularity following the collapse of the land boom and into the 1930s. The style was adapted for a variety of building types ranging from grandiose tourist hotels to modest private residences. Many buildings underwent renovation to reflect the Mediterranean influence. The five res idences on the Wes t side 0 f Banker's Row are classic examples of the Mediterranean Revival style. Many of the identifying elements are still present, although some alterations have occurred through the years. The style represents a time period when wealth and extravagance, or aspiration to them, were reflected in architecture. SAMUEL OGREN, ARCHITECT: MEDITERRANEAN REVIVAL STYLE Samuel Ogren was the architect of two houses on the west side of Banker's Row: #238 (Evans residence) and #248 (Gracey residence). He was Delray's most prolific architect during the real estate boom, designing more than 100 homes and commercial buildings by 1929. Ogren had no formal architectural education and taught himself through correspondence courses and by studying architectural books. In 1921 he apprenticed with Orlando archi teet F . H . Trimble and then Tampa archi tects M. Leo Elliott in 1922 and Francis Cunard in 1923. When the land boom materialized, Ogren moved to West Palm Beach where he continued his apprenticeship in the office of noted architect William Manley King. While employed for King, Ogren designed a residence in Delray at 704 North Swinton Avenue. Delray city officials offered him the position of City Architect. Ogren went to Tallahassee where he took the state architectural exam, and then moved his family to Delray. 27 .'. The Evans and Gracey homes were two of Ogren's early designs: commission numbers 7 and 10 respectively (Figure 14) . Mediterranean Revival was the popular style of the time and dominated Ogren's first wave of accomplishments. Ogren also designed the Arcade Tap Room and the Delray High School in 1925. Ogren lived in Cleveland, Ohio from 1927 to 1931, then returned to Delray where he established his office in the Arcade Tap Room building. In 1935 he was instrumental in establishing a Better Housing Office in Delray. By 1938 he was the only licensed architect in Delray Beach. Ogren served as Tax Assessor for the city in 1948. During the early 1950s, he worked with his son, architect Sam Ogren, Jr. , who continued the practice. Ogren retired in 1955 to Windermere, Florida, where he died in 1988. CHARACTER DEFINING FEATURES: MEDITERRANEAN REVIVAL STYLE Not all houses in this style on Banker's Row have all features described. See Figures 20-26 for illustrations of common building components. These houses are individualistic; examine historic photos where available and existing features of the house. Mass and Form One and two story concrete and terra cotta clay tile structure, with stucco finish. Distinctive multi-cube massing, usually aSYmmetrical but balanced, often three or more distinct masses of varying heights and roof lines. Often incorporates "mirador", or high viewing tower, enclosed or open. Partially or fully enclosed patios. Covered outdoor loggias linking rooms. Entry porches. Pitched, shed, hip, and pyramidal roof forms, and flat roofs behind parapet walls with scuppers. Two or more roof forms are mixed on each primary building. Secondary buildings generally have one roof form, usually flat with parapet. Elaborated chimney tops. First floor elevated a few steps above grade. Wood frame interior floor systems. -- 28 Finishes and Visible Materials Painted stucco wall finishes. Tiled porch and loggia floors where exposed to weather. Single color or mixed color terra cotta, or single color glazed barrel or S-tile roofing for visible roofs, (Figures 24-25) usually with strongly defined cornice below drip edge, often with exposed rafters or decorative brackets. Parapets often topped with matching roof tile. Concealed and eave-hung gutters. Cast stone scuppers or concealed scuppers opening to large copper leader boxes. Copper leaders. Entrances, Windows and Doors Primary entrance is always oriented toward the street. Entrance elements usually include: overhead shelter; applied decoration to door surround; arch(es) or columns; wood door; wood or wrought iron screen door; house number or name; mailbox; lantern; front steps often with rail. Some entrance features may occur at a gate in a perimeter wall. . Overhead shelter may be a fully developed entry porch, or within an arcaded or collonaded loggia, an overhanging pent or canopy, or some other form. Door surround may be embellished with engaged pilasters, decorative tile work, cast stone, or any of a vast palette of Mediterranean Revival decorative features. The front doorway is the focus of the entire decorative design. Heavy wood door, frequently round topped, often rusticated, usually dark stained but may be painted, may include a small window often protected with a wrought iron grille, often has wrought iron door hardware. Wood screen door may have ornate turnings but is often plain, stained or painted to match main door; wrought iron screen door usually treated decoratively, as a gate. House number and often house name may be indicated with black painted metal, ceramic tile, or inscribed in stucco; black painted mailbox; pendant or wall mounted lantern of .painted metal and glass, often ornate. Wood casement and double hung windows (Figures 20-21). Important windows often round topped, arranged in groups, often trios. Principal windows often embellished with cast stone or stucco decorative surrounds, wrought iron grilles. 29 '" Simple_raised band surrounding windows commonly used. Often one or two important window groups are being highly developed as an artistic feature, with the remainder of windows relatively plain. Operable blinds (side-mounted shutters) and top-hung shutters occasionally used in otherwise plain openings. blinds may be solid panels or louvered. Mediterranean Revival Style is adapted from hot, sunny climates; all window shading and protection techniques indigenous to the Mediterranean shores can be found. Fabric awnings conform to the shape of the opening, fit within the masonry opening rather than on the face of the wall, and are retractable. "Bubble" and metal awnings are not part of the Mediterranean Revival style. Decorative Elements Functional or decorative wrought iron. Engaged or open cast stone balustrades. Applied decoration of stucco, wood, stone, cast stone, terra cotta, cast and carved plaques, ceramic tile, and wrought iron. Incised stucco and sgrafiti (scratched textured patterns). Columns, generally with simple circular section, simple capital and base (not Greek or Roman classical orders); occasionally twisted or highly decorated with fanciful ribbons, garlands,or animals. Engaged pilasters in similar forms. Products of Mizner Industries (1918-1931) may possibly be found in some of these buildings. They might include Las Manos tiles and cast stone details and Mizner Industries lanterns and light fixtures, wrought iron railings, gates and grilles, and carved or cast concrete elements. Introduction of these architectural artifacts from other locations into Banker's Row Mediterranean Revival houses is appropriate. ARCHITECTURAL STYLES: MINIMAL TRADITIONAL The more modest residences on the east side of the street provide a striking contrast to the five large Mediterranean Revival homes. These eleven houses are excellent examples of the Minimal Traditional style of - architecture, described at the time of construction as "five room bungalows." 30 With the economic Depression of the 1930s came this compromise style which reflects the form of traditional eclectic houses, but lacks their decorative detailing. Roof pitches are low or intermediate, rather than steep. Eaves and rake are close, rather than overhanging as in the succeeding Ranch style. When domestic construction resumed after World War II, houses based on historical precedent were largely abandoned in favor of new variations of the modern styles that had only begun to flourish in the pre-war years. The Minimal Traditional style was the earliest of these, and was a simplified form loosely based on the vernacular bungalows and Classic Revival cottage styles more common in Florida. These houses first became popular in the late 1930's and were the dominant style of the post war 1940's and 1950's. The Minimal Traditional style evolved in the early 1950's into the Ranch style, which dominated domestic building through the 1960's. Most houses built in this style are relatively small, . one-story structures. Stylistic characteristics include a dominant gable, often front facing, a simplified facade omitting most traditional detailing, and a front door placed off-center in an informal, asymetric plan. Many have large chimneys, although this was neither necessary or desirable in Florida. An increasing dependence on automobiles required the addition of garages, which were integrated or free-standing (Figure 15). This style of house was built in great numbers in the years immediately preceding and following the war; they commonly dominate the large tract-housing developments of that period. Subsequent MackIe developments incorporated the Minimal Traditional style as well as the Ranch style with a variety of floor plans. CHARACTER DEFINING FEATURES: MACKLE COTTAGES, MINIMAL TRADITIONAL STYLE The MackIe Cottages were built and sold over a period of three months by the same developer, and were the forerunners of mass produced site built houses common in Florida today. Originally these houses were very much alike, using standard building components (Figure 19). Some care was taken to make each one slightly different from its neighbors. Further personalizing changes were made through the years as owners adapted their houses to new housing needs. At the time of construction, the MackIe Cottages all shared the following features: 31 Mass and Form One story wood frame structure with horizontal wood siding with cornerboards. Simple rectangular form with front entry porch inset under main roof, adjacent to garage also under main roof. "Ell" or "tee" may project to the rear. Rear porch (if any) merely a covered stoop. Gable roof, estimated 40% slope, usually with cross gable of the same slope facing the street. Gable end wall features siding pattern contrasting with siding on main house body. First floor one step above grade on the street side. Finishes and Visible Materials White (or possibly pastel) wood siding, wood shutters, windows and doors a contrasting color. Asbestos composition shingles laid in a hexagonal pattern also known "French" "fishscale" (Figure 23). - as or Two houses retain this original roofing material and pattern. other houses may have had asbestos composition shingles laid in hexagonal or "Dutch-lap", a similarly economical pattern. Fiberglass composition shingles have replaced the original roofing in the majority of houses. Eaves are minimal (Figure 22). The MackIe Cottages used no gutters and leaders. Combined with their minimum eave overhang, this fact contributed to the early decay of wood siding and windows. Entrances, Windows and Doors street facing entrance across an open front porch. Many porches have been screened in later years. Wood stile and rail panel door (Figure 20) , painted, possibly with glazed view panels. Wood screen door. Double hung wood windows: 6/6, 6/1 and 1/1 (Figure 21) . Plank or louvered operable blinds (side hinged shutters) . 32 Every MackIe Cottage had a garage with a wood door, possibly with glass insert panels. Garage doors were probably sectional overhead doors on tracks, but may have been out-swinging pairs or a pair of bi-fold doors. Most garages were incorporated into living space during the 1940's. Those changes contribute to the understanding of the historic character of the neighborhood. ARCHITECTS AND DEVELOPERS: MINIMAL TRADITIONAL Harold Steward, Architect Harold Steward was the architect who designed the cottages on the east side of Banker's Row. Steward was an associate partner of well-known Miami architect Phineas Paist during the mid-1920s. There is some confusion about Paist's role in the design of the houses. The Delray Beach Times reported that The MackIe Company hired the architectural firm of Paist and Steward; however, Paist died in 1937. According to records of the American Institute of . Architects, Steward formed a partnership with John and Coulton Skinner in the late 1920s, known as Steward and Skinner. Frank MackIe, Jr. recalled that Steward was hired because he was the chief architect for the South District of the Federal Housing Authority (FHA) for several years in the mid-1930s. Created in 1934, the FHA insured mortgages for 25-30 years, and reduced the required down paYments from 30% to less than 10%, enabling many people to purchase homes who would not have been able to do so otherwise. The MackIe cottages on Northeast First Avenue were one of the first FHA insured projects in South Florida. The Mackle Company, Developer The MackIe Company began the first of its many successful developments in South Florida on Banker's Row. The MackIe Company was started by Francis E. MackIe, Sr. who began as a subcontractor in a Quincy, Massachusetts shipyard. He moved to Jacksonville in 1908 and established MackIe Construction Company. Mack1e worked throughout the South, primarily building commercial structures such as office buildings, stores, and factories. During the mid-1930's, MackIe's three sons, Elliott, Robert and Frank Jr. , joined the business. Frank Jr. recalled that during the summer of 1938 he and Elliott came to Delray Beach where their father had a winter home. Frank Sr. purchased eleven lots on Northeast First Avenue for Elliott and Frank Jr. to "try their luck." When the boys built the cottages and sold them within three months, Frank Sr. "figured that if two kids could do this in so short a time, he would move the company to South Florida, which he did. " 33 .'. Within a year of their success in Delray Beach, the - MackIe brothers developed 125 lots in West Palm Beach as well as lots in other areas in Miami, Coral Gables and Bradenton. They established an office in Miami in 1939 and began building three bedroom, one bath homes for the same price as the popular two bedroom, one bath models. The Mackle Company Changes The Face Of Florida Prior to and during World War II, The MackIe Company constructed a thirteen million dollar Naval Base at Key West, two hundred homes and a Naval Base at Opa Locka, and a Naval Air Base in Brunswick, Georgia. The company received the Navy "E Award" for its excellent record of speed, quality and general competence. After the war the company built 10,000 G.!. houses and developed subdivisions including: Tamiami Gardens, Oakland Park, Linden Gardens, Grapeland Heights, and Westwood Lake. In 1950 The MackIe Company turned its attention to Key Biscayne, a desolate area whose population included only 29 residents. Within two years the company built more .than 1,000 homes and the population increased to 2,500 by 1955. The MackIe development on Key Biscayne was Miami's first private subdivision served by its own sewer system. In 1958, Florida's largest land owner, General -. Development, and the state's largest home building company, The MackIe Company, formed a partnership known as General Development Corporation. By 1960 the company was in the process of developing over 2000,000 acres in Port St. John, Port Malabar, Sebastian Highlands, Vero Beach Highlands, Vero Shores, Port St. Lucie, Port Charlotte and Pompano Beach Highlands. In 1962 The MackIe Company embarked on its most ambitious project: the development of Deltona, in Volusia County. A planned community on 15,000 acres, the projected population was 75,000 residents. The MackIe Company was the first major development company whose operations embraced every phase of community building: the acquisition, planning and engineering of the land; the construction of roads and bridges; the erection of commercial and recreational structures; the building of homes, the planning and construction of utilities - everything from raw land to completed community. And it all began on Banker's Row in Delray Beach. A 1960 promotional booklet gave credit to the company's humble beginnings: The MackIe Company's first homes, 20 low-cost models at Delray Beach were so quickly successful -.. that the company discontinued its commercial- industrial work to concentrate on housing. 34 ARCHITECTURAL STYLES: MODERN MASONRY VERNACULAR Modern Masonry Vernacular style is not yet historic, but is nearly ubiquitous in recent Florida masonry construction, except where a revival style, modernist, or post-modern architectural expression has been consciously sought. It is typified by the vast developments of "ranch style" tract houses which are a sub-catagory. As is true of the historic Mediterranean Revival Style, basic elements of the Modern Masonry Vernacular style adapted to commercial forms can be seen in strip centers, motels, small professional offices and business buildings, and other commercial settings, as well as residential environments. Characteristics of the style derive from consistent use factory produced, modular products shipped to and assembled on the site to build "stock plan" (or slightly modified) structures. Opportunities for individual craftsmanship are generally limited to skillful assembly, fitting, installation, and finishing of parts and pieces made elsewhere, and the hidden craft of organizing the entire construction process. As described above, the MackIe Brothers were among the pioneers of Florida mass-produced site built housing tracts. It was in these tracts that the Masonry Vernacular Style became the housing standard for 1960's and 1970's suburban America. While bearing little visual relationship, the MackIe Cottages and the Modern Masonry Vernacular style are historically related by process of construction. CHARACTER DEFINING FEATURES: MODERN MASONRY VERNACULAR Mass and Form Concrete block construction, usually one story high, usually with longer dimension facing the street when lot width permits. Concrete slab on grade or fill but sometimes with suspended wood floor structure. Gable or hip roof usually of pre-fabricated wood truss construction. Finishes and Visible Materials Painted concrete block or painted stucco over block. Occasionally, brick or stone veneer, generally confined to the front elevation. 35 .'. Asphalt or fiberglass roof shingles, or concrete tiles, usually flat. Entrances, Windows, Doors and Decorative Features Entrance location may be ambiguous. Any kind of wood or metal mass produced door, with or without window or peephole. Screen doors generally aluminum. Aluminum awning, jalousie, double or single hung, or fixed windows. Occasionally, wood or vinyl clad wood windows of the same configurations. Aluminum awnings. Aluminum sectional removable hurricane blinds mounted in aluminum tracks. Blinds (shutters mounted alongside windows) are commonly inoperable and have been reduced to non-functional decorative features, usually limited to the front facade. - 36 >#111 III MASTER DEVELOPMENT PLAN . .....~...~ .~.............., f.,...,...,.' f............. ~........... ~...._..~ . "-_.'--""-".."-''''~."''_._~-- ._--_..~~""".~_. , The Banker's Row Master Development Plan has three major components. These are: Streetscape and Public Features; Individual Parcel Development; and Infrastructure and Basic Services. The first of these components is the shared responsibility of the private property owners and the City; the second is the responsibility of the private property owners; and the last, infrastructure, is a public concern. A. STREETSCAPE AND PUBLIC FEATURES The streetscape design plan presented below (Figure 15-18), was developed in response to the needs of the current homeowners, the traffic generated by the adjacent busy shopping center, the historic qualities of the block, and the potential for conversion to mixed used in the near future. The features of the plan have evolved from discussion held at a series of six neighborhood meetings among property owners, City staff persons and multi- disciplinary consultants to the Banker's Row project. The neighbors were able to reach a consensus as to their design preferences. Each recommended concept is the result of the neighbors' decision making process, whose preferences were incorporated into the streetscape design plan. This plan is intended for representation purposes only and is not intended to replace detailed professionally drawn site plans for street and private property improvements. STREETSCAPE IMPROVEMENTS: PUBLIC PROPERTY As a community it is important to the property owners to preserve the residential character and scale of the neighborhood, but at the same time plan for the future. The major streetscape objective is to provide a pleasant experience for the neighbors on the block and their visitors by improving the existing roadways, sidewalks, landscape, and lighting in a historically compatible fashion. Identification signage would be placed at both entrances to the street announcing the historical significance of the block and creating an entry/arrival point. Other signage on the site would include cast concrete or tile plaques inlayed in the sidewalk documenting the historic homes they identify. Planting nodes are to be placed along N.E. 1st Street to narrow the roadway at specific intervals, creating an visual edge and bringing uniformity to the site. These planting nodes would accommodate Coconut Palms, groundcover, and replica street lighting modeled on lights common in Delray Beach in the late 1920's. - 37 - ." f The Coconut Palm was chosen due to the fact that it was the --." original street planting for Delray Beach, appears in old Banker's Row photos, and property owners preferred palms to shade trees. The lighting fixture consists of an acorn globe and concrete octagonal pole to reinforce the historic quality and human/residential scale. The fixture selected was used in Delray Beach in the 1920's. The street lights would also improve the lighting quality of the street and parking areas. The right-of-way is to be reconstructed to include two standard travel lanes with parallel parking on each side, curb and gutter, and uniform 5' sidewalks. These sidewalks are to be concrete with a raised shell or crushed stone aggregate acting as a special identity feature on the block. The oldest portions of existing sidewalk have this distinctive aggregate surface. An approximately 35 space parking lot has been designed in the S.W. corner of the site to accommodate overflow parking for the properties as the possibility for nonresidential uses becomes reality. This parking lot would have two access points, making it available not only to Banker's Row but to other property owners in the area. Handicapped spaces are included in the parking lot. Property owners have recommended that a Banker's Row information kiosk be located in the parking lot, identifying - local businesses and describing Banker's Row history. Irrigation would be provided for the parking lot and planting nodes which are in the street right-of-way. This irrigation would be run from the same system. ALLEYWAY AND REAR YARDS The alleyway may be used for access to overflow parking in the rear yards for residential and possible nonresidential uses of the abutting properties. Beautification of these rear yards is recommended to maintain the visual quality established in the front yards. New lighting along the alleyway would be incorporated to improve security. STREETSCAPE IMPROVEMENTS: PRIVATE PROPERTY Existing front yard parking areas can be continued in use until property owners convert to a nonresidential use. As a condition of conversion to nonresidential use, the front yard would undergo modification to eliminate front yard parking and the rear lot would be used for car parking. The front curb cut would be eliminated. Acceptable front yard modifications would include such features as signage, improved front door walkways, - walls, hedges, or fencing. The rear lot parking would include both paved and optional proprietor spaces. Proprietor spaces may be sod, gravel, or paving. - 38 - . ~ I I U! -- ~ 1 V\ fJ~ I IJ~ ~f" III 11;1)11S cnl E' '-;I 'N ~ I z < ..J a. w r'--'- !:: I en w r a. :> II) .-. .' ~...... ... ~ .. ;. <.S .J ., .. :z ..... W ~ ~ IX :J C!J - u. .... ... ... oj.... .. ~ 3 :: ~ 3 ~.J L 0 .. ... ~ ~ <:-' NI. ~ ... 01' . "'-' " . .... z " .. 0 ....L ~'" . S\ :;: "---.-. ~ a:: ;":~ .... i 1t: ,: J L .1 ']I ....:1 ~ "'0 -<~ 1 en (H) ~ I I - ~ I l- I-' Q) '" - I1J ~ I c: . i C- eo ] co ~ .. tjl - f",'." ! Q :: ~ ' ~ II ll1tl"'~'" ~ >;: -- .' ~ ~ !I ~ '. it -<l ~ :: . .. . ).0 r l!: ~J~~:~: " - 0(' _.' .'''' I. II't I,/l to- ... L. 0.. Q . . L \' g~~~""d;;~_ " -.:z ~ . (.. r Ii j tit .. ; '; ~ : ...~ 0/1 ~,... '. I~ ~j ?~f~;; , [) I' ~ ,. ... ~ ,I r! ....... "0'. ~ :i~Ilt:f~ ~~ ,'~.~ , ?~ . I :I: _, ":l~~~t; ~' ~~ '1 t ~"'\Il-""~ .. ~t II ... ""'" . 'r ~1 " .... ., : · 5 ~ ~ ~ ... .. :: ., . , .... " .. L ..... rr_ :i~ --;r-. 0_ ......__ '""" 0-;) ON ," ~ ~ lT3)llS ClN "Z ~::h': ~j ~ i,~ ~~ _____ ti r--.~ ~_n f \ ?J' ---/ .I~~ if r;1I j,l t I;~ . <. i~ I~ ~I 11 II! tli .~e ~- ~IH I., < 0: II E o:l LLl ~ , ~ ~ ~ < 2, ~ ~ w' OJ t t t . > c .f ,", , ',8 'S"7. . ~ < Z '" ~ ;l < "Vi ". '" " ~. is' ..J y. ~~, ~ ,- L '< _ n. ;!. , ~7 3 . .llLQ _ X OJ '" _ u.l . ~ ~ ',,,~ · < uJ - ~a ~ 7 U) ~.... -< ! 7- :i:I: U .. \1)\ ~ ~ ~ ~' .. ~ l- OJ , < ~ ~ ~,. ~ . ~ CI ..,. i . , - I ~ ~ 0f 2 ' LII ..( -! ~ ~J l1- ~'l t- ~jl i 7. ~'l uJ I I '0 I i I ).,. ...:.;= I : <. ..J I ' I -:I :r-.. W 01 ... n r- S j I ~. ~'\ S ::JI j . ~ C) <0 <! ~, 0)1 ~ nl S:L jl aI \ ~ ~ 2 ~ ~ ~cc ~ . ~ , 7 - . ~ Jr:: ~ ;!. ,^ ~ V, \l' ::I ~ t. .,.....'"., ~ l.- I .... .:..,., < ;. ....:. )- :r Q) j " ~ < ~ lQ <:J -..!l - to lL r- _ :r ::i W tJ ~ w! ~ ~ 7. ~: \.!J ~' - V") t . -, i~~ ../ t:;o;n : L-I. V) ~ \- lL. 1. I" e) rv &~ W !;:'i::~ 'I - W- .. ~, ,3... ! lie ~ W:JlIi::.L J.". II lL1 l-" ~ (),l., ~ ..::.:~, ',' L. 2 'Zcr:::~~i _. 0<{ ~s:;hi t "~ P "' a~ ~ l' -< ... t ~ r j ~ gl~ I' ~ 1~~" , .: ill~.o . ~:;~~ ,! . , .:!H5!; Jl '-J 0"'. ::i II .../ '0 ~ ~ E. g .' n... ~ e~lo:~ :1 o '- '" ::;:a -i1 \--- .I:~e : I II 1""'\ ..1 ....... ... ~ ~ :i t:;:~-ot . I oX - t. .___.__ =~~I l~ ~~~~ g ~ ~~~~ ~ ~ ~~ ~ct~~ ~~ ~ .ca. !i~ l~~~ ~ <~ g-- ~.9 ~~ ~ 0 ~8 i50 53 N . \U ~ ~ .9 :z ~ \U \Ii. bL ~ u.)bJ~ t-:r\J\ ~u) t-:::I- n -:J. ~ ~ Nr-~ ul -\tJJ w~J n-,~ ~ ll. -< ~~-( .3 :1- ~ :1 I :ZtG::! \-'-l~ )<2 :J~u) '<($\1) wC)- \--2D I ~:Z> \-~\fl ~~- ~:::J- I r\j\fl :J'<::)~ ~ Ul tJ6D - . ~ - .~ \J\ ~ ~~~ 7- ..3 <eJ'"Z ... ~ _ I ....l- ~ CJ r Ioo()l L\)L'.lIL L - \J'-<~ '-.0 -<.~ Y... \.J ~ - ill :c( - \P <( \S\ ..., ..!) '2 -1 '1 . ~L :> :I bJ -<( t::~ ti 'M. ~ ~ --l -=r :JL: '!::l W ~ ~ --l '-.!) ~ \- ~ D ~ -Q ..c:.. ... .. n!:i' ::r .~ ~ ~ U\ ~ "'J.4: \\... <(::r ~ ~ ~~ ..c:: lit' ::L ~ 'iY. ::3 r- -' \J I - I - "" :r D " \-oj - Jul~ - <-.J7. ill ~ ~ ::r..J _ \\..<~ \f) -, ~ ",~tl C- -<(, ~ .' .(~ ~ :{ St_ w G J D . 0 -( ~ - -<( r ~ ~ ~ \J ..J ~ QW~ - . -< "q'" ~ if) :l ~ ~.-J ~ ~ -~:< '~- ~'j !V1 i) ...."-.l W. ')(20 FIGURE 17: PROPOSED ROADWAY SECTION ::J \\\8- '-l ~ .\S' .'. .I~I ~g ~~~~ g u.J ~ ~ ~ > 1, I , ti:, "- ~ ~~ I w 0 ~'~ ~li~~ ~~ ~ 5 os .c~ ~~ ~ !i~i <~ ~.9 . ~~ \II a~ 1l -," ~o ~ ~o - \.U ~' ~ .9 2 -< ~ uJ , t- ul f.'L '\,) 7 ~ '-.} ~ r ul~ N..J ~~ IL ~1 \- \-Ul. :r ;j~ ~ \-- \J\ \f\ -l .. ~ ~ --l 2. -' <{ ~ ~ ~ - \11 \- -~ D U - - ill \S' _. \0 ~ ~ t:L ill ul \- C\ \- 7- t- ul 7.. ::J ~ :L - w D w ~ r ~ ~ ~ X. tL: W ~ ~ t ~ \- ...1 ~ ~ - --3- D .. t-- :r uJ ~ ~ \f) ~. :J +- , ~ " , <{ U} ~ =r -' D -1 ~ D ~ ~ ~ ~. U) ~ I FIGURE 18: PROPOSED ROADWAY SECTION . - , Perimeter planting and canopy trees are recommended for the proposed nonresidential use parking spaces to conform with the city's codes. Beautification of the properties and clean up of existing debris should take place. Existing prohibited trees, other than the mature Ficus trees, should be removed from properties and replaced with recommended trees (see Appendix: Recommended Plant Palete). B. INDIVIDUAL PARCEL DEVELOPMENT OVERVIEW The architectural qualities of the Banker's Row homes are the major feature of the block. The sensitive and well orchestrated renovation of these homes will provide the aesthetic foundation which make the block exceptional. The first reference for all historic preservation projects is: "The Secretary of the Interior's Standards for Rehabilitation", a 10-point guide quoted below in its entirety. These standards apply to the seventeen Banker's Row houses and their same-style ancillary buildings. ARCHITECTURAL COMPLIANCE The "Banker's Row Design Guidelines" are conceived as an amplification of the existing historic preservation design guidelines for the City of Delray Beach. The booklet "Design Guidelines for Historic Places - A preservation Manual" by Clemmer Mayhew III, has been adopted by the city as its citywide guidelines. Portions ,of that booklet are applicable to the houses in Banker's Row. Any Banker's Row homeowner planning a renovation should begin by reading Clemmer Mayhew's booklet first. It gives useful and interesting planning guidance, design insight, and information about Delray's architectural development. Also, homeowners are encouraged to consult with the City's Historic Preservation Planner, who can provide useful information relative to the specific project. What follows is a long list of guidelines for various aspects of structural restoration. The reader should scan each heading and then refer back to the Section which is of greatest interest. Information about each architectural style and its significant features is included in Chapter II. - 43 - .'. I THE SECRETARY o F THE I N T E RIO R · 5 The Standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility. 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction tech- niques or examples of craftsmanship that characterize a historic property shall be preserved. -. -44- , STANDARDS FOR R E H A B I LIT A T ION 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities, and where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appro- priate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project shall be protected and preserved. if such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unim- paired. - 45 - "" GUIDELINES: SIXTEEN HISTORIC, CONTRIBUTING BUILDINGS AND THEIR SAME-STYLE ANCILLARY BUILDINGS * Character defining features of both the Mediterranean Revival Style and the Traditional Minimal Style shall be maintained and preserved where they currently exist. * Replacement of missing features (usually wood windows, wood entrance doors, wrought iron or wood screen doors, and decorative elements) should be encouraged. * Uncovering of concealed features (usually wood details concealed by synthetic or aluminum siding, or concealed by vegetation) should be encouraged. * All new and replacement windows and doors, exterior wall finishes and roofing materials shall be consistent with the historic features. No existing non-compatible feature or material shall be added to or altered unless it is replaced by historically appropriate feature or material. * Alterations that would remove or conceal historic character defining features shall not be allowed. * Additions to and alterations of these buildings shall incorporate features appropriate to the style and the specific building. The individual building, old photographs of it (if available), and other buildings of the same style on Banker's Row will give acceptable examples of historically appropriate features. * While imitation of the style offers acceptable design solutions, new work that is a contemporary interpretation of the style should not be discouraged, but should be reviewed with care. SPECIAL CONSIDERATIONS Exterior Masonry Cleaning: Owners are strongly encouraged to clean masonry only when necessary to halt deterioration or remove stains. Use the gentlest means possible to accomplish the required results. Often this may mean simply washing with warm water and detergent using a fiber bristle brush, and rinsing well, perhaps with a bleach-water solution to discourage algae and mildew growth. Paint removal may require harsher methods, including pressure washing with water or the use of chemical systems. Do not sand I old paint, which is usually lead-bearing, without protective mask. - 46 - , Sand Blasting Sand blasting or blasting with any other material shall not be allowed. Exterior Masonry Repair Causes of stucco failure should be determined and corrected prior to any attempt at repair. It is essential to match the physical composition of the new stucco material to insure long term compatibility and wearing characteristics of the old and new materials. Carefully match the texture of stucco repairs to adjacent historic material. Mackle Cottages Porches Simple enclosure with insect screen is allowed. Fabric awnings, vertical fabric roll-down shades, and interior shading devices are allowed. Metal awnings shall be discouraged, but consideration given to historic types. Additional privacy obtained with lattice shall be discouraged but permitted. Further enclosure with solid panels (half wall or full height), windows, or other permanent type of exterior wall shall not be allowed. Windows Repair of damaged wood windows is always preferred to their replacement. Usually, individual pieces or sections of damaged wood can be consolidated using epoxy products made for this purpose. If damaged pieces of wood are too deteriorated, new wood can be shaped to match and pieced in. The do-it-yourselfer with trim carpenter capabilities and tools can do this kind of work. Operating parts of double hung windows (pulleys, chains or cord, and weights) can be repaired or replaced to restore smooth operation. Casement window operators usually require only dismantling, stripping of paint, cleaning and lubrication to be returned to working order. Replacement casement operators may be obtained by mail order or from window parts specialists. Should it be necessary, new replacement wood windows can be made in local (Palm Beach County) millwork shops to match existing windows precisely; factory produced windows that fit the existing openings can closely approximate their appearance. Wood windows in standard historic sizes can sometimes be obtained from local architectural salvage and demolition companies. Trim details should be copied from the houses themselves. Only real dividing muntin bars should be used in replica windows, not surface mounted grids that fake their appearance. Derive trim details from existing buildings. - 47 - ." f The use of reflective glass shall not be allowed. Tinted glass often causes change in character and is discouraged. Awnings and Canopies Canvas awnings and canopies of all colors and patterns are allowed. Awning frames shall fit within masonry window openings or within the width of jamb trim on wood frame walls. Metal awnings for MackIe Cottages shall be discouraged, with consideration given to historic types. Garage Doors The standard historic 8'-0" width is no longer practical for auto access. For continued garage use only, increased width for modern car sizes should be allowed. Alterations to permit doors for new double car openings shall not be allowed. Besides overhead doors, double swinging doors and double bifold doors were also common and should be permitted; however, these types proved to be less durable, and demanded too much space in a small driveway such as the MackIe Cottages'. Additional new protected parking may be provided only in new accessory building. _. Minimal Traditional Style Roofing Only two original asbestos shingle roofs remain on Banker's Row. These two should be retained for as long as possible. Removal and disposal of asbestos shingles is an expensive operation that reduces the historic quality of the house and adds asbestos fibers to waste facilities. Restorations of other MackIe Cottages should use hexagonal or dutch-lap patterns of modern reproduction asbestos-like shingles where possible; other acceptable common patterns of the time are illustrated in Figure 23. Reroofing with modern lightweight fiberglass composition shingle should be discouraged but not prohibited. Heavier flat, smooth, uniform color shingles laid with greater exposure than is commonly done with fiberglass shingles would be preferred. Hexagon shingles are difficult to obtain in Florida currently, but manufacturers are responding to increasing restoration demands for the material. Gutters and leaders, while not original, should be encouraged to prolong the life of wood building components. Mediterranean Revival Style Roofing Retain visible remaining tile roofs for as long as possible. Replacement in kind will be allowed. - 48 - f Where original visible tile roofing has been removed previously, only clay tile roofing (or acceptable visibly equivalent substitute) will be allowed as a replacement in future reroofing projects. Visible gutters and leaders shall be maintained in original materials. Extreme care should be taken in introducing other metals to avoid contact of incompatible materials and subsequent galvanic action. GUIDELINES: MODERN MASONRY VERNACULAR Heatinq, Ventilation and Air Conditioninq Systems (HVAC) Consider what effect the new equipment and ductwork will have on the site, the overall appearance, the historic building material and interior spaces. If the HVAC system requires removal of windows or portions of walls, carefully evaluate alternative systems and layouts, and select the one least destructive of the visual character. Installation of through-wall or window units shall not be allowed in front facade, or second floor visible portions of the side facades. Exterior or visible rooftop ductwork is not allowed. Visible roof mounted equipment is discouraged. Removal of windows from the street facing facades for the purpose of installing HVAC is not allowed. Make any necessary wall cuts with great care, providing watertight patching and flashing at new opening tightly fit against new equipment. GUIDELINES: THE DUPLEX The following guidelines for the duplex are not intended as mandatory changes, rather as guidance in adapting the existing building and site to more a compatible architectural character, should the property owner propose to substantially renovate the building. Design solutions other than those suggested here may accomplish the design objectives, and should be carefully considered. - 49 - ." The duplex should be retained and any future modifications -. to it should be carefully designed to bring it into closer harmony with the entire neighborhood. If proposed, a replacement building in a contemporary style compatible with its Mediterranean Revival neighbors should be considered. Its basic form is stylistically alien to both sides of the street; therefore no attempt should be made to modify this building with decorative features to approximate th appearance of a Mediterranean Revival house or a MackIe Cottage. Stylistic harmony of the existing building could be enhanced with the following: * Encourage existing landscape hedges and/or add picket fence or masonry wall fence or wall of at least the height of a parked car hoods, coordinated with design of adjacent proposed parking lot; add a trellis or vine masking south and east facing building walls. * Street-facing entrance definition bringing together entry functions of gateway or gate, house light, house number, mailboxes. This might be accomplished with a pergola or other landscape feature. * White painted existing brick, or preferably, new stucco over brick, painted in colors appropriate to Mediterranean Revival houses. * Uniform color, flat profile concrete tile roof surfacing, if structural roof framing permits. * Should a substantial second floor addition be proposed for this duplex, (or a replacement building,) the Mediterranean Revival characteristics should be incorporated and interpreted in a modern fashion without slavish imitation. Particular attention should be paid to massing and proportion, entrance, materials, and roof form. GUIDELINES: ANCILLARY BUILDINGS The Modern Masonry Vernacular buildings behind some MackIe Cottages are valuable as secondary buildings in the tradition of the MackIe guest cottages. These buildings are stylistically neutral, fitting in with the scale and placement of "real" wood frame MackIe guest cottages. Although their placement generally does not meet existing setback requirements, they can be replaced without obtaining a setback variance. However, replacement ancillary buildings shall be of similar foot print and with construction and architectural style appropriate to the mackle Cottages. new ancillary buildings shall be allowed, (which are -50- , not replacement) but must undergo site plan review with respect to setbacks and other factors. The construction style of new buildings shall comply with all Minimal Traditional Style guidelines as found in this chapter. It should be recognized that these are secondary buildings in an originally inexpensive development; as such, they should be allowed considerable design latitude, but not permitted to degrade the "front door" quality developing along the alley. The temptation exists to use inferior or shoddy construction adjacent to an alley; this practice should be prohibited. * Discourage, but do not prohibit, removal of MackIe Cottage ancillary buildings in the Modern Masonry Vernacular style. * Encourage wood frame covered entry stoop or porch additions. * Encourage development of MackIe Cottage front door characteristic features on ancillary buildings. * Encourage introduction of architectural features common to the MackIe Cottage Minimal Traditional Style. * Encourage removal of architectural features inconsistent with the MackIe Cottage Minimal Traditional Style. The simple eave framing of the MackIe Cottages is shown in principle, (Figure 22) if not exact detail. These may be used as a guide for compatible new construction or alterations to Modern Masonry Vernacular ancillary buildings. Observe the houses themselves for appropriate roof slope and actual wood trim shapes used. GUIDELINES: SITE COMPLIANCE One aspect of the City's historic preservation activities is to recreate the ambiance associated with "Old Delray". Features such as landscaping, fencing, lighting, yard furniture and parking layout all contribute to the atmosphere of a neighborhood. Improvements to Banker's Row properties should include efforts ~o upgrade private site in a manner compatible with streetscape (public) beautification. Unless otherwise indicated, the guidelines listed below apply to properties on both sides of the street. While Banker's Row properties remain in their current (residential) use, the guidelines serve as recommendations. When a property is converted to a new use, the guidelines are mandatory, and become directives for site planning. - 51 - ." , GUIDELINES: PRIVATE PROPERTY LANDSCAPE AND SITE FEATURES - Walls and Hedges - West Side Of Street Only Walls, trimmed hedges, and walls with hedges behind should be allowed, with wood or painted metal gates. Walls and hedges may be either low; or high, not exceeding height of highest adjacent wall; or of varying height within one run of wall. Wood fences shall not be allowed at property perimeters on the west side except at the non-contributing duplex. Masonry walls shall be stuccoed or otherwise smooth finished, painted to match or complement either house or neighboring wall. Fences and Hedges - East Side Of Street Only Painted picket fences, trimmed hedges, and picket fences with hedges behind should be encouraged. All gates shall be wood. Picket fences and hedges forward of the front setback line shall be low. Masonry walls shall not be allowed at property perimeters on the east side. Other Fences New chain link and wire fences at the perimeter of the property shall not be allowed. Interior fences of any type of construction should be allowed, provided fence is not visible from neighboring property or the street. Existing chain link fence in the front setback may remain, provided that any future property improvements include installation of a thick hedge maintained in a fashion that will allow the hedge to grow through the fencing and conceal it. Preferably, the property owner would remove the chain link fence. Entry Features Compatible style pedestrian scale entrance features, including light, mailbox, address number, and business identification (if any) are appropriate ?ecorative features at entrance gates. Any or all these features are acceptable at gate location, mounted on landscape walls, or at entrances to buildings. This is a prime location to express individual character of building and occupants, consistent with style of the house. - 52 - , Front Yard Lighting Gateways, entrances, and entry paths will benefit from additional privately installed exterior lighting. Pedestrian scale lights mounted to soffits and walls, and pole mounted landscape lights are encouraged. Where higher intensity security lights are needed, they should be located with great care to avoid glaring into neighboring windows and porches. Residential Signs Numerals and nameplates identifying house or residents are encouraged and shall not require any permit or review process. Business Signs All buildings housing city licensed businesses or home occupations shall be marked with numerals indicating street number. On-site signs for each business or home occupation are permitted, but are limited to either one at the street, one at the alley, or one at each business entrance to any building. Product advertisements are limited to building interior and (15% of window area or less) interior surfaces of windows. Building entrance signs shall not exceed three square feet and shall be painted to or mounted flat against door or wall near door; or suspended within porch. Street and alley signs shall not exceed six square feet within outer limits of all lettering and logo. Street Or Alley Sign Locations The intent is to incorporate signs into walls and fences. If there is a wall or picket fence at the street, sign shall be mounted directly to the wall or fence, or to a gate, and shall not exceed the height of the wall, fence, or gate. If there is a hedge only, sign shall be mounted in front of or within the hedge, or on the gate, not exceeding the height of the hedge or gate. If there is no wall, fence, or hedge, freestanding sign shall be ground mounted or post mounted within the front setback, or as close as practical to the alley property line. Freestanding signs shall not exceed 60" above the ground. Patios and Wood Decks West side of street only: raised wood decks shall not be allowed. Paved patios and terraces appropriate to the Mediterranean Rev~val style shall be allowed. - 53 - ., East side of street only: raised wood decks and paved patios shall be allowed in the side yard when concealed by a hedge or fence", and the rear yard. Patios also used as parking shall be allowed in the rear yard only. Exceptions may be considered for required access ramps and landings. Front Yard Parking Existing front yard parking areas for residential use are allowed. No new front yard parking shall be allowed. Exterior Mechanical Equipment and Garbage and Recycling Containers Space shall be provided for these essential site components. Space(s) shall be concealed from public view and the view of adjacent properties. Appropriate concealment includes "landscape or fence screening, or concealment within a corner formed by wings of the house, or a combination. Accessibility Requirements The Accessibility Requirements Manual, cited in the bibliography, is available for reference in City hall or libraries. Verify specific requirements for each project. The provisions of the Florida handicapped accessibility rules apply to historic buildings, including private residences. quoted (or paraphrased in parentheses) from the Accessibility Requirements Manual for the State of Florida: 1. The accessibility standards . . . shall be applicable to all new construction, alterations, additions, and changes in occupancy, except as follows: 2. All new construction except as exempt herein. 3. Existing buildings which are substantially improved shall be made to comply with the provisions . . . for new construction. 4. Each element or space of a building ... that is altered shall comply to the extent it is altered ... unless structurally impracticable. --. 5. These provisions shall apply to buildings . . . designated as historic structures that undergo alterations or a change in use groups. -54 - , 6. When the use of the building changes, only the doors, entrances, floors, exits, and required public toilet rooms must conform to the requirements of this section. 7 . (Buildings under construction prior to 1990 exempted). 8. All buildings ... which may be frequented, lived in, or worked in by the public shall comply... Exceptions From The Accessibility Requirements The following is quoted directly from the Accessibility Requirements Manual: 1- If the owner of the building certifies that particular areas of the building are used only by employees and that the work performed in such areas cannot reasonably be performed by handicapped persons, such areas are exempt from this section unless they provide the only means of access from one area normally used by handicapped persons to another such area. 2. The second story of a building which is used other than for retail or office use, or which is used for retail or office use by a single tenant, shall be deemed to be in compliance . . . and need not be accessible when: a. (An affidavit to that effect is supplied by the owner) . b. The building provides accessibility at the habitable grade level . . . c. All building facilities and services normally sought and used by the general public or employees working in the building are accessible to, and usable by, the physically handicapped at habitable grade level. d. There is no elevator in the building. 3. Wheelchair lifts may be used to provide accessibility to and within buildings and structures. Enforcement (This is a state Statute enforced by the local code enforcement agency). - 55 - 111.'1 , Modifications and Waivers (Individual modifications of, or exceptions from, the literal requirements of the rules may be made upon a determination of unnecessary or extreme hardship by a State advisory committee appointed by the Secretary of Community Af fairs) . Practical Impact, Accessibility Requirements In general, the accessibility rules will be concerned primarily with: Doors and Gates Width minimum 32" unobstructed, traditional round knob not acceptable, no step more than 1/2" at threshold when part of accessible route; Entrance and Exit Maximum ramp slope 1" rise per 12" length, maximum grade on path 1" rise per 20" length, path width minimum 44", no obstructions when part of accessible route between parking or sidewalk and building entrance; Floors Firm, slip resistant especially at steps. Required Toilet Room(s) Dimensions, layout and accessible routes to them. Ramps These added structures have a majorvisual impact on historic buildings. According to a literal reading of the accessibility standards, any step of more than 1/2" must be ramped. A step of 3/4", for instance, requires a 9" long ramp. Flat landings, minimum 5' by 5' at the top of the ramp and bottom of ramp must be provided. Handrails on both sides are required for ramps longer than 7 feet (that is, rising more than 7"). If there are no handrails, a curb or edge must be provided to prevent wheels from slipping off. - - 56 - / As a general design guideline for historic buildings, any new ramps should be concealed, or camouflaged with landscape materials, or built within an existing feature like a front porch, or placed out of view. Raise grade when possible to reduce the needed height and length of required ramps. A combination of these approaches is the most successful. The best historic preservation practices would not make any permanent change to the historic layout of important front features such as porch or steps, but would build a removable ramp system over them. The concern with this technique is that the new work should be carefully made and not look "tacked on". Mackle Cottaqes Front doors are about 8" above grade; one 4" step from grade to porch and one 4" step from porch to interior. Three approaches to meeting ramping conditions at typical Mackle Cottages follow. Other approaches shall be considered: * Avoid ramp conditions entirely by building up the porch deck (wood is permissible) to within 1/2" of interior floor level. Build up walkway approach to porch to within 1/2" of edge of porch deck surface. Do not allow wood-to-earth contact in a permanent installation. * Build up a flat landing section 5' by 5' (or as close to that dimension as will fit within the structural limits of the existing porch), to within 1/2" of the doorstep. A 3-1/2" raised landing can be reached by a 1:12 ramp 3-1/2' long, built within the length of the porch and accessed from the open end of the porch. The 4" step at porch edge may be reached by gradually sloping the walkway (slope not exceeding 1:20) to reach porch edge. * Raise the entire porch level to within 1/2" of door, sloping the new surface away from the house for drainage at 1/8" rise per 12". A 5' wide porch will slope down 5/8" at that rate. Then raise the landscape grade gradually (about 6-7/8") at the walkway approach to meet the edge of the porch. Mediterranean Revival Houses There are generally two to five 6" or 7" steps to a landing, and another 4" to the interior floor level. Access ramps must be individually considered. A typical 30" total rise would require a ramp 30' long -- very difficult to accomplish without significantly degrading the historic appearance of a Mediterranean Revival house. Consider: - 57 - ." * Raise the grade along the access path; * Incorporate ramp behind new planter walls, low landscape walls, hedge, etc.; * Run the ramp along the side of the building; * Make a few small sections of ramp, rather than one long one; * Possible wheelchair lift at a back entrance. C. INFRASTRUCTURE AND BASIC SERVICES UTILITY SERVICE Banker's Row project development will necessitate the partial reconstruction of existing utility service lines. The two affected services are water and storm drainage. The existing sewer system is not affected. (See Figure 2: Banker's Row Survey Map for the location of existing utilities.) Water The existing water line which runs along the length of the Banker's Row block is a 2" main which is scheduled for replacement (by a 6" main} within the next one to three years. The timing of the Banker s Row improvements will kick in the water main upgrade already slated. No additional costs will be incurred as a result of the Project. Fire hydrants shall be installed coincident with main construction. Sewer Sewer lines which service the Banker's Row block are presently located within the Block 74 alley and behind the homes in Block 66 (in the now abandoned alley). Street reconstruction will have no impact on the sewer line system. Storm Drainage Currently, stormwater runoff catch basins are located at the north and south ends of the block. With the new paving area as indicated on the site plan, additional catch basins may be required. The costs associated with the installation of an -, additional basin are minimal, and should not significantly impact - 58 - , the cost of street reconstruction. The cost, if any, should be accomodated through the City's existing stormwater assessment program. TRAFFIC, ACCESS AND PARKING The Banker's Row block is located adjacent to a busy shopping center and experiences high traffic volume during business hours. Parking is presently accommodated parallel to the street in the unpaved swale area, in front yard driveways and in rear yard areas. Most of the Block 74 properties have rear yard secondary access off the alley (see Figure 2: Survey Map for existing conditions). Traffic, access and parking are of great concern to Banker's Row property owners. Through several discussions among themselves and two consultations with the City's Traffic Engineer, the owners decided to pursue the reconstruction of the street with two-way traffic (12' traffic lanes) and 8' parallel parking lanes on both sides of the street. To reduce the impact of large truck traffic, "No thru Trucks" signage will be placed at both entrances to the street. At the entrances, signage and landscape planting nodes along with special textured cross walk paving will be installed to help slow traffic at those intersections. These features will let motorists know they are entering a special district. One additional factor to be considered is handicapped accessible parking. When nonresidential uses are introduced it will be necessary to provide handicapped parking spaces. An option which has been suggested is to provide a certain number of spaces (perhaps four) within the entire block, and for businesses to be able to share these spaces in order to meet handicapped parking requirements. This arrangement would necessitate a special interpretation of the Accessibility Code. Appeal would be made through the Florida Board of Building Codes and Standards. LIGHTING It is the desire of the property owners to significantly increase the intensity of nightime lighting along Banker's Row. The design plan calls for the installation of ornamental street lamps, which will be placed in addition to the three existing standard street lights. Also, the neighbors are to pursue the installation of FP&L provided security lamps on existing utility poles in the Block 74 alley. - 59 - ." , PUBLIC IMPROVEMENTS COST ESTIMATE There are three separate areas in which public improvements will be installed. These are: (a) the street and streetscape; (b) the alley; and (c) the parking lot. Each is described below. Street and Streetscape This item includes the sidewalks, planters, street lights, paving, and underground municipal utilities (water, sewer, drainage) along Banker's Row; the extension of the sidewalks and adjacent landscaping along 2nd and 3rd Streets eastward to the alley and westward along 3rd Street for one-half of the block. The costs associated therewith include: * Roadway section (back of curb to back of curb) $70/linear foot x 650' .......$ 50,330 (see Figure 17, Roadway cross-section) * Sidewalks, total replacement with uniform textured treatment . . . . . . . . . . . . . . . . . . . . . . . $ 30 I 419 (8,691 sq.ft @ $3.50/sq.ft.) * Continuation of sidewalk along 2nd and 3rd Streets (2,635 sq. ft. ) ............$ 9,225 * Entry features (2) of concrete pavers ....$ 2,600 (520 sq. ft. @ $5.00 sq. ft. ) -. * Street landscape nodes with irrigation ..$ 16,824 (irrigation in node @ $ 2,595) (Coconut Palms - 18 @ 550 ea.) (ground cover - 962 sq. ft. @ $4.50/) * Landscaping along 2nd & 3rd Streets . . $ 2,900 (irrigation @ $2,370) (sod - 3,650 sq. ft. @ $0.145/) * Period street lights (10) . . . . . . . . . . . . . . . $ 12 I 000 * Feature signs (Banker's Row) (4) ........$ 6,000 * All design services and construction drawings to be prepared by Department of Environmental Services and City Horticulturist at no charged cost. -0- * Any underground utility work will be designed and paid for by the appropriate utility. -0- Total for Street and Streetscape .... $ 130,298 Alley and Alleyway The components of this item include resurfacing and reconstruction, as necessary; fencing and/or landscaping along the eastern border; and lighting. -. -60- The resurfacing, reconstruction, and associated drainage and utility improvements are a part of the City's CBD Alleyway Improvement Program and are targeted for construction early in 1992. Property owners may desire to improve their private parking areas concurrent with the alley improvements in order to minimize construction related inconveniences. Installation of shrubs/hedging along the east edge of the alley is not a part of the City's alleyway program. A portion of the hedging may be required of the office building (former FPL building) which has the most frontage. Costs for additional shrubs is estimated at $ 2,358. The additional alleyway improvement identified by property owners in Block 74 is to have security lighting installed on the existing FPL poles along the alley. The property owner's association should pursue this project as soon as possible. Parking Lot The components of this item include an approximately 33 car, surfaced parking lot; two entries; landscaping; a corner feature; an information kiosk with seating area. The costs associated therewith are: * land acquisition ........................$ 35,000 * grading and drainage ................... .$ 6,000 * paving (1851 sq.yd @ $ 9.98) . . . . . . . . . . . $ 18,474 * irrigation including meter & services . . . $ 4,750 * special paving (750 sq.ft.) ............$ 2,712 * lot landscaping .................... .$ 9,064 (shrubs - 250 @ $9/ea) (trees - 21 @ $200) (groundcover - 480 @ $4.50) (sod - 3,200 sq. ft. @ $0.145) * Period lighting (5) .................... .$ 6,000 * Information Kiosk (optional) ...........$ 7,000 * Benches (2 ) ......................... .$ 1,000 Total for Parking Lot ................... $ 90,000 61 .'~. ORIGINAL CONSTRUCTION FEATURES The figures below have been reproduced to give a graphic awareness of some of the basic construction components widely available when both the Mediterranean Revival houses and the MackIe Cottages were built. All the components illustrated can be obtained commercially today, exactly as shown or in close visual approximation. Except as noted, the following illustrations are taken directly from the First edition (1932) and the Third Edition (1941) of Architectural Graphic Standards, by Charles George Ramsey, AIA, and Harold Reeve Sleeper, AIA. (New York: John Wiley & Sons, Inc. ) . - 62 - ----~.- A RCH ITECTVRAL G RAP H I C STAN OAROS Jar .../lrclfifecfs. erlJlineers, 2Jecorafors, !lfuifders ana !ZJr2lfsmen bjj Cl-L-\RLE5 GEORGE R.-\1\.fS EY. A.I.A HAR.OLD REEVE SLEEPER. AtA. I FOREWORD TWENTY-riVE )'ears ago, "urLing drawings and specifications of impor- tant llru,.uru "ere tUllled out "ithuut reference to urher than a few d,..:umenu dealing "ilh maleri.lh and Ihe technique of fabrication and assembly. During the in!er..-cning perioJ no less than a revolutionary change has laLen pl.l.:e. The proJucliun of a compeltnt set of drawings, today, ne.:essit,lles reference to .;I vast amount (Jf "iddy scattered information (oveling .1n endl". li.1 of m.lteri.l. and ilenu of one 50fT and anolher-all of "hi,h involve. hi.:"I)' .pe.i.1liud lllelhuds of produc,ion and assembly. F.1ilure tu pruduce dr.1"ings in .:onfurmity wilh curren! practice imposes a serious burden of addili'lIlal .:o.t "irlh:JUI compensaling gains, This modern llore (Jf (.1(1u,,1 maller is too complex and extensive to be memori.lCd. h is .c.lllered thruugh an endless number of books, pamphlets, reports, .1nd dvcumenr. uf .)11 ....rts. Illlpurtan! f.)cls arc 50 deeply buried in Ihe body uf ledllli':.Illiler.lIUre Ihat Ihey (Jnly come to light in Ihe course of re.e.lr.:h. It f"lIu'" Ih.lt ,he ar.:hilect or draughbman is faced with the neces>ily uf spending :11, e.-er-increasing .;Imoun! of time in the gathering of inf"rm.llion. The pressure .,( time oftCll forces the making of assumptions .lnd truslin!: to lucL. This book "':15 de.igned in recognition of this condition; its very nature and >.:ope con.titute a full a.:kno"ledgment of the need. It is a serious .)llempt to .:online "irl.in a L.o...k of rC')>OIl.)ble dimensions the essential (.1e1U.l1 references required by Ihe "rchitect. draughhman, and builder in the cuur>e uf the dol)." ,,"urk. Obviously. such a ....ork must be broad in scope; but it cannot possibly be all-indu.ive, Its utilir)', therefore, must depend upon the experience and l:o.JJ jud!:lUent uf the authors in the choice of factu.ll material. Gr.1phic preSl:ntatiun is .he bnguage of the draugh,ing room, This account> for the .lb.en.:e of text. The pbtes, in m.)ny ca.es, constitute u.1n.l.1tion inlO thi. .illll'lc: bngu.)ge (Ji f.1e!> ,ha, arc often obscured by words, FlEDUIC~ L. ACKERMAN NEW Yo..; CITY .\1..,..4, IS)J.l ~... J/or(. Jolin '1/1 lec!l ~ SOon.s. Inc. 4n.<io...lE la,Pman b EJlo/L /1.,.,il.,) FIGURE 19 .'. _. 5TC)CK WINDOW ,al2dDOO~ SIZES - WCDD D-H~WINDOW 5rZE.5 0- H - WIJ'''IDOW tR....A.ME.~ D-H-WINDOW FRt\ME~ FO~ FRAME. HO U.5E.5 FOR.. BR.iCK HOUSE.S Df}("~:-" I' 'Ko "J<( I r;ii' HEAD ~..../~" HEAD ~" ?< I~" / - -- - 12. LlGHT.5' He<1t$ ('<1.$il1</ Hebel JqmD ~dcJ: Mwlr:l ~ad Jamll 2. LIGHTS /}16"" ..,fi. *';.4y,z' /~;.A, 'ar 2- .3 ....3~. (AlqrJ:eel 1U111, .) ~d'M H~ivhl tVidlh ll,iVIl} klicllh /1",111 Sash fhicJ:ness /'4 " .J-o z..., " J'O_ .z-a " J.o plus Yt~.. ~~ Lil1i~ .,-.. .J-.z. "..z , I. .}<S~" ~.IO 3-.. .. .JI-" JAMB JAMO \ 7!4-. .3~~" ~-. ~.I(). .,$-'0, "'.10 ..j-O 4-'" ,- - " J-O 4'Z" -4-;Z .JI-.. 4-e." -4-"" A":;z= sli/. ~cd~({. */J P'fJ~ dIe .1-'0 4-/0" 4-/(}" W~ .J~..3 ilIi' .3. "J( .5~" 4'1# s-;z.' .s- :1." 4.K> .s-j; .:r. .... /-6 J& ..J..Q s,JO S-C .1-" 2,-6 " .J-Q 2.'/0 .. .1-2 .J.IO .J-;z. .J-.. 4-(;. J-,," .iI'/O" ~ "s~~si 4-", .31..,.,. 4-0 '-0 .. J-Q -f-o 4-2 .5.% -f'.z .. 4-G. MUl..LJOij ,-.. 4"'6- 4 -"'" - .)-,0. -4'''''' ,s-- .z " 4-0 s.;z.. ..r- .. It ..,.:z.* S-6 S-/O .' ,,-.." .1'.10 "'-0 .. .J-o JUb..$~ 4'10" ;'-7 " .,J.o 3'" #.><.5.$ . s-z.. "-2, ;,,'" So. .J-. 4.0 .1'-/0 .,J-IO" 4'''. z-a .. JolO -#-.1. "'-1(1" ~OhlSiJ/ 4-.. 4-." S.z." ..51 LL ~." x.sfU 4'/0 40/0. s.... So%, $-2,." $'-/0 1578"78. $'. .1'-6' "-2, S-/O It- Jecr/e Ii- .I'ca/e. - 64 - ; OUTSIDE. DOOR. FR..A.ME.5 FOR.. FR-~ME HOU5E.5 faEe,-,.TE.D JAMf)~ JAM~.s "",. STOP.s P1.t\Nl'ED o~ .l>r"~~" ~r~~ 1fi;.~n. 1;'!~"Hl ~ ~~..fJ!"n, H~~ 3;If'iN'r.-l& · sli' lI)bIZ" ~ HEAD Hect{t4mlJ -,! ~."r "><5!i' Jlop /Z'. ~. Solid plfm<<ls 12." ~. fIt/clc. MO!>T COMMONLY USE.D srOCK "{'(PES 2:6' .. ":0 2.~o"" fa:',' 2~tt.".. fa:6" z:~.. fi.:~" j~c ('q~n, '" .:IIi' C~&' fi/8 ~:8~ 2'4 .. .;.. .:a" . 7:0' 7;0' /''J$'''' . 2;C.... C:4" 7:0' 2:8"" 6:8" 2-'8".. tt.:i!i c:sM :1-"""" tt.:.' 7:':" 7-(j' JAM8 J ^ M.B fl4D 12.'~r..' .''-' C"'. L C." z'~'. c',,; z'",'. c',,; ~ ~ 3:0" ~;~ oJ;,,;.. liaf 7:& 7:a Itflhid 138" tlllc.t-j ~/f~tck-l, INTER-JOR. DOOR.. JAMBS P"..... 7'8" t frt J .5ILL 138~r ~ .5 ILL \ ~" 13" (p/cnfed .d()fU provide poor securiftt) . -'I....,n" ::;, &~~ tffr.".J EX TE.R.I OR.. DOOR- srZE.S . 2:'(/.'. ~"'6 2.' s" .. 1':0 ~;d:. .:..: JItM~ Nr~neu olc"letl. reba a.-e.... t;.'.a" 2:'/0"" 6:'1<)" oS'O .. 7'"0 ~ 0'/" .. FIGURE 20 FIGURE 20 (ABOVE AND LEFT) STOCK WINDOW AND DOOR SIZES - WOOD Double hung windows used on both the Mediterranean Revival houses (similar to "Window frames for Brick Houses" ) and the Mackle Cottages (".. .for Frame Houses"), and interior doors for both types. Wood casement windows and non-stock double hung windows were also used extensively on the Mediterranean Revival houses. - 65 - ." WOOD DOUBLE-HUNG WINDOWj ....... . . . . ~ &,It:ti,,'1 po~' - Jf'e,;,IDI"r~t1 HDII_ hie T/tlJhinr 1-i"I.' I,."t:t,ip cOj'/ I~' cas,nf Gwll -- ., . . . " . , ' . .~ . ,. . . , :. .. ,. ... P/q,rhr ILL FR4ME \\'AI...L fRA!'rfE ViALL ::5rLL M I ri1I'~AL & JTER. Dnp HOLLOW 'TfLE. WALL. I~'- 1-'0" -- - 66 - I I @ - - @ - @ , CD .~ , 1 I I ICA5EMENTI @ I I [WINDOW5 - DOUBLE HUNG I . FIGURE 21 WOOD DOUBLE-HUNG WINDOWS (FACING PAGE) AND CASEMENT AND DOUBLE-HUNG WINDOWS Vertical and horizontal sections show the construction, installation, and operating parts of wood double hung windows satiable for Mediterranean Revival houses ("Hollow Tile Wall") and MackIe Cottages ("Frame Wall - Minimum"). Trim details are highly specific to individual houses. Exterior elevations of stock wood casement and wood double hung windows are shown, with divided lights. Casements in Mediterranean Revival houses may have divided lights or single glass panels, one swinging casement or pairs (as shown) or more, arch tops, and so on. Double hung windows are shown with "six over six" divided lights (i.e. six on top, six on the bottom double hung sash, written 6/6 DHS) . Both styles of houses used 6/6, 6/1, and 1/1 DHS. Trim details vary from house to house. - 67 - ,'. l OYE R.HEAD DOO lCS I ---, 0.. . .0.& ~ . . . ....Slandard <quip "",nl, ...., ""Y'<""M< 0/1 Afl'r$. (Alolor ope...alton also) or /:ot" J'!andonf equipmenl rnosl Alfr.s. BEJBBTI8 J'everol ,1f/~ provide e9uip~nf hr Headroom 6z: (use on/'I when ver,! necessortf, . . '0 ill I 'Wo _onla' <ka~nc< varia"'" ""ml-~ ~ door helf?hl + 1~2:, to door heiqhf :~r + Z:6; and mo~ Iormoforoperofor.s. "- See manufocfu~rJ calalo9ues, :f(i .. . . "1,0' /Joor fh.d:fle.u{~~~} ponels {:: .... .::? -l:: .l::l- " I 'ol:: . . ~ c!S Keep nosinq bock. ".j fa 01/01<1 ,<6r boUl in door ~n D.t!!/n<; closed /'rom outside. os . ,SECTION 1Joor Jlop.s lJ'I mo.sl Atanufoclurer.s, ~r to caf%jues - 7-'0' t 7~6' lI~i?1I1.s hVcib' MA.50NR.Y JAMb, WOOD CA..5ING AI J abo R7 J .seclton:;, I :fide cleorance 41os'tnfJX IO'max. requiremenl a~: ~ ' reQuIred, acepl tUllh /ow special low hC'odroom ' headroom o/Iow more. h;pes require more, -, ~ F-R.AME JAMfJS (bnlinue imide leq 7/z" flJ /I" mox, requiremenl of .sleel eosin?. 'IP excepf special !oUl heod- o minimum of /:5' n:Jom If/pC's requil'f! more ./: * Mmimum k:Jr 011 ,#/'rs."- meon:; thol all Al1,..s MA50NR.Y JAM); ~ ,STEE.L CASING' make equipmenl Ihol u/I/11l1 lIIese dimensions. Eilher onqles or chonnel5 mall be used. Seole of d,~doi/.s "". - J~o" steel nol f'urni.sh~ 0'1 ./)oor iIIonllfocfllrer. .sTOCK WOOD OVER..HEAD DOOR..S lor RE51DENTIAL GARAGES . FIGURE 22 OVERHEAD DOORS Stock wood overhead garage doors suitable for both Mediterranean Revival houses and MackIe Cottages. Note that the stock 8' 0" width is no longer practical. -. - 68 - L .;"., ~ ~~'.~~ ' ;0 r , ASBE5T05 5HINGLE5 I . i!>cpo.su/'e 9~'" is ~r I~... loJ.. 7111CJ:n~J.1-J4' r I #0'.11.1 4:. I -.- I r. # if, JA_tll/r'''1 I , I I I I..' ~ I .J/.Jt!s 6",(/4" f'JT.J]~ "/I". I 1 .' I I I' I I I -I..,....... ""'-, T-,-'-+---h- . I . , t' ~lc) I I , I 1 .e.cl''' U~ PA h))omo I AI;' /~ r. I 1 1 In/mum .P, ~n I : . , 1 7111s me/hod 9'V~J t"lkd n;t~ -,fmcria/lr. pul /1ol4.J JV. P. F-R..E.NCH Of' HEXAGONAL METHOD DUTCH-LAP ME.THOD A6BEoT05 5H[NGLE.5 (R-r G r D) A5PHA 5 []~~ L1CJt:IP ~l 'T tr S~x,oosur. ~. ,t ,T -- 1 1- ~3'~ ~3'~ ~ ...... ,q': -~ 4 ...J ~/Z.-f I- .(-1 GIANT STANDAIW GIANT .s.ANDAJW HE.XA~NAL INDIVIDUAl,SHINGLE,; 5TR-l P ~ H 1 N G L E. 5. ./-, Cq~C)'/ol/.I~.s on'; :.r,~_I:S' ~f' eJfOc!- d.lm.nSlo~. 7f7..s.r -f;'~1 Qre I/n,;e,.IV".,,)..,..s C/o-s.s "C." ~er are n7<Tde III '1:1111 .IR1P'" '1'101w "",1. o.splll:rll and C"DO~ed""" ,/3/'1.171." s. _,,,.,.,1 (".s/o-/e crusAed.). FIGURE 23 ASBESTOS SHINGLES AND ASPHALT SHINGLES Asbestos shingles laid in the nexagonal pattern remain on two MackIe Cottages. Asbestos shingles were smooth, rigid, and thicker than the standard fiberglass shingles in common current use. Asbestos roofs are very long lived, and the asbestos fibers are trapped in place if the shingles remain undisturbed. Removal and disposal of asbestos has become a complex and expensive procedure. Asphalt shingles widely used at the time the MackIe Cottages were built are shown. While not original to these buildings, asphalt composition and fiberglass composition shingles have been used to reroof nine of the eleven cottages. - 69 - .'. '~"~'''''-'''''''''''',;.;.:>,,_,.,'_,':,c..;.',.,.._~,-.._.,,_~__..,_ CLAY .TILE i2..() () F r NG i - Pla'I-L'~ A . .;'~.,"-v':::.-.l,:':4",:;"'::' "~~TtS1', , C> ' 'A .' ~ :.. P '. A '.. ~rl'/t:tT/ .TIr;1' za o.C. , H-IP~LL SECTION TttiO aJNCtlTE. ROOF. AI'p/ic:qfton of ~~d .$Ir~ 10 eonc~ nx>/ bq.sc, . ~d .sl'<x:/nf 0/ hony,,'!lq/ .s "''1'.1 o'e/oermmetl "'" .sf1qd'e d li/~s. Pltrskr laM rslf -- HO''.Jonfql.llr? - -.sf.' . ,I> .'l:t.... / "'Z r.1f1 r.LEx~;rOt--J . ,6 :'.' . F/qshh7f :.l>;;r ,d "~~"''''~';':'::::'4.. Fc:/f ,;,~'~~'~ L~':J/I, ,4verofe 13~. Jlcod-'C"trl.slnp%,:. ....;:<:.,_.. ",:lS~""'" 10 q 111' 'I-h - 1!4' . 4 ,':~'~'<'.~ At,.,y; kn,l!; .:;.;po.svr. Jt)f' Jy.~;yhf ,p"~, - ,/00# A, . (>' z./t. t"ol'P'" nail SEcnOf'j 1ltR.d VALLEY O.fo.J CONCUn:. 'fCDF. TILE ~/o.sl;c C'emenl ?Of' FiX-lure T<!1/f HJ-.P ":;'E.CTIOli ./n-rlIln9 Jltowinr Hip ~/I. DECK SECTrOt-1 DECK. .5E.CTIO"l Jhowi"f 'if?.id'1e. J'hGw.Ie.'UI cvf..J nil~e -oJ "-.4 ~?r.s ",pin",y ./"pee/a! cove C/osvnt: /{qi/;;'" .sI-r~ t6, ~nd k"1tl ~4~ h!J/'linl.ln 1"lch DfCt( .5ECTtOI'i "SHOWltiG .5ECT10"'i SHOWlt.IG E.tiD Mt-fD .5ECTrofi or fL~SHIt-ir. uijr B!. DECr:.. MOULD R.."'ISED FLA,fiGE OVER- cotfCI!.N...ED GUTTER- 78.f1..AT .5ttl'iGLE.. TIJ.[, ~J~ - .5ECTJO"l Of LEfT G~r,u:. ~r.C"TlOf'i Of FLASHr~<:r ..Sf:.CT10I'i or m5Hll'iG l>fCf\ 5fCTIOti Of fU ., AAKt:. "'ND EtiO ~. UJ\jDER. SJDf OF TJLf'.~. OVf.R.. TOP OF" TILU. OVE 1t. TOP OF Th.J:~. c.fcq/e /N./'d 2l?AN I~ti TJke~ lilltlOOhUTHI "Q1',ons f:V' III ~do4Hci-C./aa'on Co. - - 'FIGURE 24 - - It , I FIGURE 24 - CLAY TILE ROOFING (LEFT) I Assorted details for Spanish Tiles recommended by , Ludowici-celadon Co., still a major manufacturer of premium roofing tile. Tiles were available in several shades of natural terra cotta, and with colorful glazes. These construction details are important to the overall appearance of the Mediterranean Revival roof, though the more common straight barrel mission tile (see below) was used on the Banker's Row houses. CLAY Tf LE - K()()FfNG lI'i's m;lred Jb r/d'le ond ~,"enkt(~ Al4S~C ~...;:,Ht1.KI/71un ~ H/",inum /a,o ",- ~. -/-fi I~ 2~ s. ul7der hlp I Jfini/l?u{11 P/lch .5E.CTTON ~ ~~ ....... ,... ~ ~ M ~/~ .kJ'J,40' ..-1 ~ ti"r;:.. Felfl ' Coye.r 7lie Hip ..rforfer J'1nI"f1l1 k""~'If4I7-'''' ~1IDn, .sId., sl1~, duvJW ~ ~ ("~ ~11<1cJ:. CDIofe cloSVAt . , ,.1' r-.~' CO'iCEALED GUTTf.L ACZ,I/?". ~/()JUI'e r/l1m"z? (".,~ /hsh/l7~,",,~ Ay~/'I1~ ~St/re II i4...,.. FI'shH7~~ ........ ". "",;.w,..,JyJ2_ ~ . . "". RIll 1'It,," ~1t:tcJ; , HIp J"rerrhs.r. Hip J"krkr . .i;:Ji~/Z. % ~~~.E. ST-Re\lGHT BAR-ilL MI5510N TILf:. SPLIT COV~Z.~~Lfl..A,KJ: ..J/j~s VD'n~ acco"di,,'? ~ A!o'7urocfurer. ..s~f!! Cal%?u~.s for exoc! .s/.Je.s. - A/so mq"uracfur<<'u/I'IIJ faper.d CClvar-s anii' Jrrc7Ii;hf pC'7.s,. Q'7d h:Tp.red couers will, fop.red pan.s, CLAY R.DOFING TILE5 FIGURE 25 - CLAY TILE ROOFING (ABOVE) Straight barrel Mission tile with a few installation details, appropriate for Mediterranean Revival houses. Trim details should be derived directly from existing houses. -71- t .'. I ~ . FIGURE 26 - (OPPOSITE PAGE) LEADERS AND GU'.M'ERS The MackIe Cottages used no gutters and leaders. Combined with their minimum eave overhang, this fact contributed to the early decay of wood siding and windows. White painted aluminum gutters and leaders should be encouraged (but not required), to extend the life of the wood components. The Mediterranean Revival houses used a full range of metal gutters, leaders leader heads, leader straps both plain and ornamental, probably all copper. Maintenance of the existing gutter systems is important to preserving the entire building. Repairs should be made using the - original material, since dissimilar metals in contact cause corrosion. . - 72 - - LEADER,S an'tI GUTTE~5 ;, ~. - /1- V , 1 -J 13 ./;;'9/<: /J_d /qp ./(,,;'1 I -~- , lV II 6 l. J J / Lt1yt!$ IrtXlfh ., L~o.d~r hiiil -- J or'tl/lft/I'. 8 L.et:1dt!r or J";"f/fII 4eq~ oS/'P ./D,""; R Z Gu Ie' ht:1n!.fII' (bnducIDr. ;1 PIal" (Drrugcrf.J ~ "'osJel .s1,.tti<<1': 9 Jett(/t!' .slr",P l./ \ ~l ., (;IJIJer ()tHlel 10 fhoe, , ROUND. ~ E/ho/ll /I Nt:111$, J~ .!lq'1t:!tTnrI slJ~.r . z: .J.''''" s"/. c" ditz.: to Jcrt!6" /% Nil J"e, 10 13 Ca'p ./Jot/61e /J.tTd /qp IO;"} .p A R... T .:5 OF A GUTTE.R.... ../Ycmd'<Tnr .H.J~s .J."4,"r6:Z"<<'g-.; "O-dh:c.. I .//J~s 0/' ~.IISIl(dI'l slocl;, I i ADJU~TAJKE. CAST bR.."SS 4. llf9l'fZE STOCK HANGEt.S 70 DI! $pqced nof over.3 :0.0'1 cenf.r.:s . ~"14. or ,-. j1r.' ( I~:~~- KtTtltttl ~ r-t W~ fi== A~e r,,,ed (AlI~rt1tTlt! fO,YiI 5T~P (l)pPf-R. cl bRASS F (XED .5T~P b~A.S.5 'It .sTOCK HA.'iGE~ HANGER..S -~PE.c:.I~L, -.1" 1200 Jpar~d 11../0"'" 2:"'- ",c. (/Dr 111. ~.s} c/tTJS cI r%'-"enc.) ."l 2S00 f/:"aC'. /la/19.rs .!I 'c. c. , I". 0/..... -:r ~SOO ,nf.' I!Ind' .J~'" "c,c.fi,r ~...~. 1" Jij~. C:'sj: 7".SJ-"-".. ",- BODo +'/rch d flU/ler., G 900 r /." ".;s JltTnl#'ert. T.f:r, ,"Qr{ be .-.1- /<:ve/ """ .$horf. " '800 'un3, f"';.111e /Jo Din 9 .r may be U$4PI#' h fIVe pilei} 17-7 "'~O Nilltou show;"f 08ame,. Ihey 4,. '101- 'ecom",~,,'dH. z. ~OOO , Jije 0/ qulter$ '" 600 l'f>r r~Jldcnh61 ':t':f USIt s,"/ttTN I'tWM or t!tfu4/.lIje, n.';'r 1,7 /200 und_ ~. .........., '':3.~/al <'as."', 11-1 /800 ?Idler w;!J 61",1. 1-1 ~_, S'o' #1oe. m", JJ; oSt!1m~ tgft t11's I~~ ~uk N tlu1"''nf ~;H.,;, '1uHer. 1.,7 4000 ,"" Dul 11 -1.<: In /71<<;"''' C'Onn*'C/YM . 4 U!;t11:.t tnrItIe r ",.,er: ou Is o~ C' -:J,"oP!1r1 r/.,6 ,. ~ /10' ~ .0..(,',4". II....K~ ...idlh, .... $00 1'iN:hlld ",,,;I.n</ r ftt11'C. ,Jo'o" III "'0. '1 I' ""d.1' "Nil/It, 7-7 /:tOO f_ nl!ls/l';'f fAr.J.s ,(or rrpc-s. 1/,7 Ileao ....000 ~c/. y VfOOD ~TEL ok. .sir_lit. I#'elq,/s .sTOCK Ty.pE~ OF LE.ADER- H~DS lff. 6/J_ ",""1# .,.. a~ed <<nMI'tirt( . "... Cic ...C'kYtiy. Alumi,,_..t<< ~~,~. ~K BRASS LI:ADE.1.. 3TlAR..S ~ Ii .Ie~.....,.k;..~_ e "'"f( '1old !coDd.rJ DM'- ORNAME."fTAL LEADE~ ~TMP.s-C~E.R.,. ,~ ~ t:l=rl:kt'1L. eo".,.. willi 6,nO"7fmlrN Jhwp6' . .s " ft1IIt II/u.$lral,w,n.$ I1UZrI.t1'.. Ol'l:! rf!IC/,.., w.m (""qIOP.1.' _~.u ~~ AU<<J;,!HNU ~Ft.u.f~ 0$'3'.1 .,.+~ O~ ,u.s. /Je~HNNrI ~ ~ mr,A I*' ~ hi ~~"'''''M.tiiIJ ...,." . FIGURE 26 -. "" ~ IV IMPLEMENTATION * <<...~ .~..~..~..~. ~............. -,..........~ '.............. ~.._..~ - A. Overview B. Funding for Public Improvements C. Private Property (Site) Improvements D. Architectural Improvements E. Private Financing and Business Assistance F. Neighborhood Organization G. Legislative/Regulatory (Public) Actions A. OVERVIEW In order for Banker's Row to be transformed from its current state to that described in the previous chapters of this document, a multifaceted implementation program must be created. The principal components of this program are as follows (the letters following each item denote the subsection of this Chapter in which further detail is provided): * The Banker's Row Program for Re-Use and Restoration is formally accepted and necessary amendments to the City's Comprehensive Plan and Land Development Regulations and are processed and enacted. (G) * The Banker's Row Neighborhood Association is formed and incorporated. (F) * A special assessment district is created under the authority provided by the Safe Neighborhoods Act. Upon formation, construction plans for street and streets cape improvements are prepared by the City. Construction is handled by the city and assessments are levied pursuant to the district's rules. (B) * The parking lot parcel is acquired by the Community Redevelopment Agency (CRA) and improvements are constructed thereon by the City's parking authority. (B) * Individual properties are improved, in accordance with the adopted Master Development Plan, at the discretion and timing of the individual property owners; however, improvements are required at the time of changing from a single family residential or home occupation use to any other category of use. (C) (E) * Any improvement or modification which affects the exterior of any structure requires review and approval by the Historic Preservation Board. Changes that are consistent with the architectural guidelines contained in Chapter III shall be approved. 74 ." I The above activities are generally shown in the order. in which they are anticipated to occur. However, activity on each item may be occurring simultaneously as implementation occurs. It is anticipated that structural changes consistent with the architectural guidelines may occur even prior to formal adoption of the neighborhood plan. Likewise, property owners may take advantage of business assistance and tax credit programs before public improvements are constructed. The following sections provide the details of each of the individual implementation components of the Plan. B. FUNDING FOR PUBLIC IMPROVEMENTS Chapter III.C. includes a description of each of the public improvements being sought, the rationale behind the specific improvements and a cost estimate of each. There are several funding options available to the property owners as they seek to implement the Master Development Plan. FUNDING/FINANCING OPTIONS: The Banker's Row Project provides direct benefits to all property owners along the block as well as the surrounding neighborhood and the downtown as a whole. Thus, it is reasonable that the costs associated with the project be shared among several individuals and agencies. In order to obtain maximal support for the Project, the Banker's Row property owners should work together with City staff and all other interested parties to develop a financing package. The financing package will include publicly funded improvements as is appropriate, and may also include grant funding. Although, in the early 1990's, there is a significant decline in the availability of Federal, State, and private grants, grant money does need to be explored when the final funding package is being put together, particularly with respect to the historic character of the neighborhood. The balance of total costs will be borne by the property owners. The most common way to finance this type of improvement program is through an assessment district. Given the circumstances of the Banker's Row Project, a 25/75 property owner/City match is proposed with rspect to streetscape improvements. An assessment district involves up-front funding by the City with payback through art annual assessment collected concurrently with property taxes. See Appendix H (Section 8.4.1 of the City Code) : Public Improvements and Special Assessments. A possible way to meet the repayment obligation would be to distribute the costs over a seven year payback period with assessment to be made according to the amount of street frontage enjoyed by each property owner. . 75 I Authority for creating a special taxing district is available through F.S. 163.501 Safe Neighborhoods Act (Appendix I) . In addition to the aforementioned costs, the district can fund maintenance, administration, planning services, and other physical improvements which may be desired. The Community Redevelopment Agency may be able to facilitate the implementation of the Master Development Plan by laying out the cost of improvements. The Agency would be paid back by the property owners and the City over the course of several years by a method agreed to by all parties. Community Redevelopment Agency participation is expected relative to parking lot improvements. These improvements will benefit the Banker's Row property owners (parking to meet requirements for use conversion, easily accessible parking to meet actual needs, information kiosk) accommodate existing and potential parking needs of property owners immediately to the west and south, and also help meet peak demands from Old School Square. In the same way as Banker's Row folks can convert to nonresidential use, adjacent property owners can convert under the existing OSSHAD Zone District regulations. Further, the suggestion of "vest pocket" parking areas which would help meet the needs of mixed use neighborhoods has been discussed by several groups within the larger community (e.g. Pineapple Grove Plan, C.R.A. Board, Historic Preservation Board, etc. ) Accordingly, it seems appropriate that the Community Redevelopment Agency provide for the acquisition and development of the parking lot. , 76 .'. C. PRIVATE PROPERTY (SITE) IMPROVEMENTS Site improvements, for each individual property, are shown on the composite Neighborhood Plan / Site Plan. These improvements must be provided concurrent with the conversion of a parcel from residential (or home occupation) use to other than single family use. On the other hand, such improvements need not be made if there is no change from the existing (September, 1991) land use. The site improvements which are covered by the above rule include: * number of parking spaces * location of parking spaces and maneuvering areas * closure of existing curb-cuts, access points, and/or driveways. In addition, standard front yard design requirements must be complied with i.e. , appropriate fencing and installation of appropriate landscaping (See Chapter III above and Appendix "G"); and maintenance of pervious areas must be provided (e.g. elimination of invasive plant communities, sodding of barren land, etc.). If the above improvements are provided exactly as allowed for pursuant to the composite site plan and the design guidelines, they shall be approved by the Historic Preservation Board and shall be issued a Certificate of (Historic) Appropriateness. In addition, compliance with the composite site plan shall be deemed as being in compliance with applicable zone district development regulations (see Subsection "F"). As part of the formally adopted implementation program, a special parking regulation shall be developed which allows for a shared parking pool by which individual properties can meet parking requirements. A property owner always has the option of pursuing a different method of site improvement. However, such alternative methods of improvement are subject to the scrutiny of the Historic Preservation Board and may not diminish the amount of parking to be provided unless there is not a change in use. D. ARCHITECTURAL IMPROVEMENTS Any changes to the exterior of a structure require review and approval of the Historic Preservation Board. This is accommodated through the Certificate of Appropriateness (COA ) process. The design guidelines contained in Chapter III. of this Plan shall supersede all other historic guidelines which may exist. Compliance with the style specific guidelines included herein, shall warrant issuance of a COA. 77 E. PRIVATE FINANCING AND BUSINESS ASSISTANCE The Banker's Row Re-Use and Restoration Program provides for the harmonious and compatible mix of residential and nonresidential uses. The decision whether or not to convert from an existing residential use to an office, retail, or service use is a personal decision to be made by each property owner. This document sets forth the parameters for physical improvements and a legal framework for accommodating changes in land use. Properties located on Banker's Row are also located within a designated local historic district (Old School Square Historic District); are within the boundaries of the Community Redevelopment Agency ( eRA) ; and are within an area which is eligible for housing rehabilitation assistance from the City's Housing Programs. A brief description of these services and instructions as to how to gain further information follows. COMMUNITY REDEVELOPMENT AGENCY PROPERTY IMPROVEMENT LOANS The Community Redevelopment Agency currently (in 1991) offers a special incentive to property owners located within the redevelopment area. In association with a local lender, 0% interest loans are available for the purpose of eligible exterior property improvements for owner occupied residential and commercial properties. The Agency pays the interest for loans up to $7,500 (residential) or $15,000 (nonresidential). Further information about the Loan Program can be obtained from the CRA at (407)276-8640. RENTAL REHABILITATION The City of Delray Beach administers federal (HUD) funds through a Community Development Block Grant program which addresses the need for affordable housing within the City. Toward this end, the Rental Rehabilitation Program provides matching grants of up to $7,500 per unit to owners of rental property for eligible structural improvements. These monies are disbursed in conjunction with an agreement that the property be rented to low or moderate income tenants for at least five years. Further information about the program can be obtained through the City's Division of Community Development at (407)243-7280. BOOTSTRAP REHABILITATION PROGRAM The City's Department of Community Improvement offers grants of up to $3,500 to families who qualify on the basis of income for eligible property improvements. OWner occupied residential properties throughout the City are eligible for assistance, although certain neighborhoods are targeted each year. Further information can be obtained from the Department at (407)243-7200. 78 '" I INVESTMENT TAX CREDIT FOR HISTORIC PROPERTIES The historic significance of the Banker's Row properties may qualify property owners for special tax credits intended to stimulate investment in historic preservation. Different credits are available to the holders of investment property than to owner occupied residential properties. The following general information should be used by individual property owners to decide whether the tax credit can help to cover the costs of renovation. 20 % Investment Tax Credit A 20% Federal income tax credit is available to property owners who complete a certified rehabilitation of a certified historic structure. Under the provisions of the Internal Revenue Code: Certified Historic Structure means: any building that is individually listed in the National Register of Historic Places, or located in a registered historic district and certified as being of historic significance to the district. Certified Rehabilitation means: any rehabilitation of a certified historic structure that is certified as being consistent with the historic character of the property and, where applicable, the district in which it is located. To be eligible for the tax credits for rehabilitation, a project must be a depreciable building (i.e., used in a trade or business or held for the production of income) and not an owner-occupied residence. The rehabilitation costs must exceed the greater of the adjusted basis of the building or $5,000 within a 24-month period. Provisions are made in the tax code for phased development. The tax credit must be claimed for the tax year in which the rehabilitated building is placed in . service. Certification requests are made through the appropriate state Historic Preservation Officer and certifications are issued by the National Park Service. A two-part Historic Preservation Certification Application (NPS Form 10-168), is used for obtaining certifications of both the historic building and the rehabilitation. _. 79 I lO% Investment Tax Credit A 10% tax credit is available for any substantial renovation of buildings built before 1936 for current nonresidential use. The rehabilitation costs must exceed the greater of the adjusted basis of the building or $5,000 within a 24-month period. Provision are made in the tax code for phased development. No certification requests are required, nor applications made for the 10% credit. Documentation of expenses must be maintained according to standard accounting practices. The tax credit is claimed directly on the appropriate IRS tax return. If a property is a certified historic property (i.e. a contributing building in a National Register Historic District), it is not eligible for the 10% tax credit. Use of the Investment Tax Credits has significant financial implications. Consult a knowledgeable accountant prior to beginning a tax credit eligible rehabilitation project. SMALL BUSINESS ASSISTANCE In addition to the above assistance programs which target physical improvements, the Banker's Row entrepreneur should seek start up assistance through special programs which exist in Delray Beach. These include: * The Delray Beach Chamber of Commerce small business assistance programs include free business counseling through SCORE in addition to frequent small business workshops. Contact the Chamber offices at (407)278-0424. * The Small Business Development Center at Florida Atlantic University provides free counseling and technical assistance to starting and established small businesses. The Center may be reached at (407)367-2264. F. NEIGHBORHOOD ORGANIZATION From the inception of the Banker's Row Project, the sixteen affected property owners have been the major players in Project design. Accordingly, the Implementation Program outlined above is the result of discussions held among property owners, City staff members and Project consultants over the course of several months. 80 .. The successful implementation of the Banker's Row Plan will require both adequate funding and adequate neighborhood support. Money alone cannot make the street flwork"; only a continuing interest in the quality of life along Banker's Row will make the Project truly successful. The following three organizational options are available to the Banker's Row property owners as they seek to create the structure needed to actualize the Banker's Row Re-Use and Restoration Program. 1) Laissez faire: If exercised, this option would require no specific organizational activity by the property owners. Instead, redevelopment activity would occur on a parcel by parcel basis, in accordance with the guidelines set forth elsewhere in this document. The property owners would rely upon the Neighborhood Planning function to oversee the orderly execution of the Neighborhood Plan. However, should there be changes in staff or reallocation of departmental resources, Banker's Row may be left without a management function. 2) Property Owner's Association: A formally organized neighborhood association will provide an avenue for regular contact among property owners and can become a vehicle for overseeing all implementation activity. Functions of the association could include the dissemination of information to property owners; contact with the Historic Preservation Board, Community Redevelopment Agency other agencies involved in Banker's Row; helping to develop the implementation funding package; and management of the redevelopment process. If a formal Association organizational structure is desired, the City can provide technical start-up assistance. 3) Neighborhood Improvement District: F.S. Chapter 163.511 describes a formal organizational option for neighborhood associations seeking to create a special district (see Appendix I) . Organization in accordance with the provisions of the statute, would make additional resources available to the Banker's Row community. An incorporated neighborhood association, representing not less than 75 percent of all property owners within the proposed area, has the power to create deed or other restrictions and regulations and would have taxing authority. Upon formal request from the neighborhood association, the local governing body may authorize the creation of the neighborhood improvement district by separate ordinance. - 81 G. LEGISLATIVE & REGULATORY ( PUBLIC) ACTIONS In order for the Banker's Row site plan to effectively regulate all subsequent redevelopment along the block, the site plan should be approved as a formal Master Development Plan. To do so will require an amendment to the Land Development Regulations. In this way the Banker's Row Project can function as a prototype for other neighborhoods seeking to coordinate redevelopment of established areas. However, this process is separate from acceptance of this document, and shall be pursued by the Banker's Row Neighborhood Association with staff support. The formal adoption process for the Banker's Row Master Development Plan proceeds as follows: - The necessary enabling amendments are made to the the Land Development Regulations. - The Plan is refined and accepted and endorsed by a majority of Banker's Row property owners. - The Plan document is submitted to the Community Redevelopment Agency and the Historic Preservation Board for acceptance. - The Plan is submitted to the Planning and Zoning Board for consideration, public hearing and formal action. - The Plan is forwarded to the City Commission for public hearing and formal action. - As required, amendments to the Comprehensive Plan are processed in c?njunction with Amendment 92-1. The Banker's Row Master Development Plan becomes a formal document once approved by the City Commission. Property owners who continue to utilize their structures for Single-family residential use will not be affected by Plan adoption. However, all development proposals submitted to the City from that time forward, including those for change of use, will be reviewed with respect to the adopted Master Development Plan. At present, Banker's Row is regulated by the O.S.S.H.A.D Zone District. To incorporate the site plan for Banker's Row as a regulatory device, an amendment must be made to Sections 4.4.24(F)&(G) by adding new subsections, to wit: (F)(l) Development Standards for that area encompassed by the Banker's Row Master Development Plan shall be as set forth in that plan document. (G)(4) Supplemental District Regulations for that area encompassed by the Banker's Row Master Development Plan shall be as set forth in that plan document. 82 .'. , i "" V BIBLIOGRAPHY * <<...~ .,..~..~..~. ~............. -,..........~ '............ ~.._..~ , BIBLIOGRAPHY Albers, Rebecca. "Pineapple Grove," The Miami Herald, May 11, 1990. Abstracts, Deeds and Plat Books. Palm Beach County Office of Deeds and Titles, Palm Beach County Courthouse, West Palm Beach, Florida. Britt, Lora Sinks. My Gold Coast: South Florida in Earlier Years. Palataka, FI: Brittany House, 1984. "Building For Year To Date Reaches Total of Half Million Dollars" Delray Beach News, November 4, 1938. Building Permits for Block 74 and Block 66. On file at City of Delray Beach Planning Department. Chase, Charles E. Resourceful Rehab - A Guide for Historic Buildings in Dade County. Miami: Metropolitan Dade County, 1987. "City Issues Many permits," The Delray Beach News, October 28, 1938. Curl, Donald W. Palm Beach County. Windsor Publications, Inc. 1986. . Mizner's Florida. Cambridge: MIT Press, 1984. "Delray Florida - The Ocean City," Promotional Brochure, Delray Chamber of Commerce, January, 1926, reprinted by Delray Beach Historical Society. "Developer Elliott Mackle Dies at Age 69," The Miami News, April 13, 1978. Farrar, Cecil W. and Margoann. From Sapling to Sturdy Oak - St. Paul's Episcopal Church, 1904-1974. Boynton Beach: Star Publishing Company, 1975. "$50,000 Bonds Voted for Delray Improvements," The Delray Beach News, August 17, 1923. Florida Board of Building Codes and Standards. Accessibility Requirements Manual. 1990, or edition most recently adopted by State of Florida. Florida Department of Community Affairs, Tallahassee. "Francis E. MackIe Started in 1908 in Jacksonville," The Miami Herald, January 2, 1972. 83 '" , Gaby, Donald C. "What Would It Cost Today?" South Florida History Magazine, Winter, 1991. General Development Corporation and The MackIe Company. Your Florida Property and Who's Behind It. Promotional Booklet, July, 1960. Harwood, Kathryn Chapman. Lives of Vizcaya. Miami: Banyan Books, Inc. , 1985. JakIe, John A. Common Houses in America's Small Towns. Athens: University of Georgia Press, 1989. Johnson, John P. "Delray Beach Historic Sites Survey," unpub- lished report, Boca Raton: Historic Palm Beach County Preservation Board, 1987. . "National Register Nomination: Old School Square, Delray Beach, Florida," On file at the Historic Palm Beach County Preservation Board, Boca Raton, Florida, 1987. "Letter from Frank E. MackIe Jr. to Jim Smith," Letter on file at City of Delray Beach Planning Department, March 29, 1990. "MackIe on Coral Way 33 Years," The Miami Herald, February 27, 1972. Maddex, Diane. Built in the U.S.A. Washington, D.C.: Preservation Press, 1985. "Matt Gracey Civic Leader Dies August 21," The Delray Beach News, August 27, 1948. Mayhew, Clemmer. "Banker's Row - Draft Proposal," Document on file at City of Delray Beach Planning Department, February 21, 1990. . Design Guidelines for Historic Places, A Preservation Manual. Delray Beach: Historic Preservation Board, 1990. . "Father of Delray Beach Architecture, Sam Ogren, 87, Looks Back with Pride," The Palm Beach Post, August 9, 1987. McAlester, Lee and Virginia. A Field Guide to American Houses. New York: Alfred A. Knopf, 1989. Merselius, Anna. "The Urbanization of Key Biscayne," The Islanrl- News, October 16, 1986. 84 I Nash, Gary B. and Julie R. Jeffrey, eds. The American People. New York: Harper & Row Publishers, 1986. National Fire Prevention Association (NFPA). NFPA 101 Code for Safety to Life from Fire in Buildings and Structures. 1988, or edition most recently adopted by City of Delray Beach. Batterymarch Park, Quincy, MA. . (NFPA) . NFPA 913 Recommended Practice for the Protection of Historic Structures and Sites. 1987 edition. "Open for Inspection and For Sale," advertisement in The Delray Beach News, December 2, 1938. Perlman, Jeff. II 'Row' a Model for Neighborhood Restoration," The Delray Beach Times, December 27, 1990. Pierce, Charles W. Pioneer Life in Southeast Florida. Coral Gables: University of Miami Press, 1970. Poppeliers, John C. What Style Is It? Washington, D.C.: Preservation Press, 1983. "Residence of L.H. Walker," The Delray News, August 14, 1925. Rodriguez, Ivan. From Wilderness to Metropolis - The History and Architecture of Dade County (1825-1940). Miami: Franklin Press, 1982. Rosenblatt, Andy. "Luster Has Faded - Mackles," The Miami Herald, March 17, 1974. Standard Building Code Congress International. Standard Building Code. 1988, or edition most recently adopted by City of Delray Beach. Standard Building Code Congress Internation- al, Birmingham,.AL. . Standard Plumbing Code. . Standard Electrical Code. Tax Rolls and Appraiser's Records. Palm Beach County Property Appraiser's Office, Government Building, West Palm Beach, Florida. Tebeau, Charlton, W. A History of Florida. Coral Gables: University of Miami Press, 1971- The Delray Beach News, Volume I, August 10, 1923 - October 19, 1923, Delray Beach Public Library. The Delray News, Volumes 3-4, August 7, 1925 - July 29, 1927, Delray Beach Public Library. 85 .. I "Theresa A. Mackle, 84," The Miami Herald, August 18, 1972. United States Department of the Interior. The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Revised 1983). Washington, D.C: National Park Service. "Wood Cowan Arrives to Build Three Houses," The Delray Beach News, January 13, 1939. Interviews Cayce, Pat. Telephone Interview by Emily Perry Dieterich, June 18, 1991, Delray Beach. Eckel, Fred. Telephone interview by Emily Perry Dieterich, July 8, 1991, Boca Raton. Goodman, Marjory Adams. Telephone Interview by Emily Perry Dieterich, July 8, 1991, Delray Beach. MackIe, Frank E., Jr. Telephone Interview by Emily Perry Dieterich, June 20, 1991, Miami. McKinney, Frank. Personal Interview by Emily Perry Dieterich, May 17, 1991, Delray Beach. Messer, Lois. Telephone Interview by Emily Perry Dieterich, June 23, 1991, Delray Beach. Ogren, Samuel, Jr. Telephone Interview by Emily Perry Dieterich, June 21, 1991, Delray Beach. Wrenn, Tony. Telephone Interview by Emily Perry Dieterich, June 24, 1991, American Institute of Architects, Washington, D.C. 86 ." ~ VI APPENDICES * <<...~ ......~..~..~. ~............. -,..........~ '.............. ~.._..~ - , APPENDIX A: Historic Preservation Grant Award Agree.ent A G R E E . B H T This AGREEMENT drawn at Tallahassee, Florida by and between the state of Florida, Department of state, Division of Historical Resources, hereinafter referred to as the Departaent, and the City of Delray Beach, hereinafter referred to as the Grantee, relative to the Banker's Row Project, hereintfter referred to as the ~Oj~ is entered into this ~~ day of ~~ , 1990 and ends September 30, 1991. WHEREAS, the Department is responsible for the administration of grant-in-aid assistance for historic preservation purposes under the provisions of Section 267.0617, Florida Statutes, and WHEREAS, the Grantee has applied for grant-in-aid assistance for the Project, and WHEREAS, the said application has been. reviewed and approved in accordance with Chapter lA-35, Florida Administrative Code, which regulates Historic preservation Grants-in-Aid, and WHEREAS, grant-in-aid funds in the amount of twenty-four thousand dollars ($24,000.00) have been reserved for the Project by the Department; WITNESSETH, that in consideration of the mutual covenants herein contained, the Department and the Grantee hereby agree as follows: I. The Project, as approved for grant assistance, shall include the following authorized project work: A. Building inventory: ~ B. Preparation of survey map; C. Completion of historical survey: D. Development of rehabilitation schematics; E. Preparation of neighborhood functional plan: and F. Consultation for neighborhood meetings and comprehensive plan development. 87 '" ~ II. The Grantee agrees ~o administer the Project in accordance with the General and Special Conditions Governing Grants and the Administrative Instructions for Historic Preservation Project Accountability attached hereto as Attacn.ent "A", and Chapter lA-35, Florida Administrative Code, and the following specific conditions: A. Tbe Grantee agrees to complete the Project by September 30, 1991 and s~t a Project Completion Report as specified in Attachment "A", Part II, sub- paragraph B.l.c., within 30 days of completion of project work. No costs incurred prior to the effective date of this Agreement are eligible for reimbursement from grant funds. No costs incurred after the above project work completion date will be eligible for reimbursement unless specifically authorized by the Department before the cost is incurred. No costs incurred after the Project Coapletion Report is approved by the Department are eligible for reimburse- ment. B. The Grantee sha~lbe responsible for all work performed and all expenses incurred in connection with the Project. The Grantee understands and agrees that any work performed or expenses incurred on the Project is undertaken at the sole risk of the Grantee. Neither the Department nor the state of Florida shall be financially liable for any expenses incurred in connection with the Project by the Grantee or its professional consultants, contractors, or agents. C. The Grantee shall submit complete bid documents, including plans and specifications, to the Department for review and approval prior to the execution of any contract for construction work. .. D. The Grantee shall submit any and all proposed contracts for the procurement of goods and/or services relating to the Project, and all proposed contract change orders or amendments for review and approval by the Department prior to the final execution of said contracts and contract change orders or amendments; but said review and approval shall not be construed as imposition upon or acceptance by the Department of financial liability in connection with said contracts or contract change orders. 88 , E. The Grantee shall coordinate "consultation between its professional consultants and appropriate Depart.ent staff representatives as necessary to assure mutual understanding of and agreement on the objectives, requirements, and limitations of the Project in relation to the state historic preservation program. F. The Grantee hereby agrees to indemnify and hold the Department harmless from any and all claims or deaand for any personal injury or property damage resulting or occurring in connection with any activities conducted under this Agreement and shall investigate all claims of every nature at its expense. G. The Department reserves the right to cancel this Agreement unilaterally in the event that the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida statutes, and made or received by the Grantee in conjunction with this Agreement. H. Bills for fees or other compensation for services or expenses shall. be submitted in detail sufficient for a proper preaudit and postaudit thereof and bills for any travel expenses shall be submitted and paid in accord- ance with Section 112.061, Florida statutes. I. The Grantee recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services and/or goods or equipment purchased as an incident to such service. J. The State of Florida's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature, and the availabili~y of such funds. K. All project work must be in compliance with the Secretary of the Interior's Standards for Rehabilitation. L. In addition to the terms detailed in this Grant Award Agreement, all Federal requirements governing grants (Office of Management and Budget Circulars A-21 or A- 87, A-102 or A-I10, and A-128) are applicable. M. The Grantee is required to comply with the Single Audit Act of 1984 for State or local governments or the audit requirements of Office of Management and Budget Circular A-110 for universities and nonprofit organizations. 89 ,'. , III. The Departaent agrees to reimburse the Grantee, contingent upon availability of grant funds, and upon receipt and verification of the Grantee's request and documentation, for SOl of the allowable project costs pursuant to and as defined in Attachment "A", of authorized project work as defined in Section I above, up to a maximum rei~urse.ent of twenty-four thousand dollars ($24,000.00) or the amount of actual cash expended by the Grantee for project work, whichever is less. Reimbursement shall be made upon request for the co~letion of authorized project work or components thereof. Reimbursement for project costs will also be contingent upon all authorized project work being in compliance with the aforementioned Secretary of the Interior's Standards. The Department further agrees to the following conditions: A. The Department shall review and approve as to form and content all proposed contracts of the Grantee for the procurement of goods and/or services relating to the project work and all proposed contract change orders or amendments prior to final execution of said contracts, change orders or amendments, but said review and approval shall not be construed as acceptance by or imposition upon the Department of any financial liability in connection with said contracts. B. The Department shall review and approve detailed plans, specifications, and other bid documents for construction work relating to the Project prior to the execution of any contract for such work; review and comment on all preliminary reports and recommenda- tions; and confer with the Grantee and its professional consultants as necessary throughout the course of the Project, to assure compliance with the objectives, requirements and limitations of the state historic .. preservation program. C. It is recommended that any articles which are the subject of, or required to carry out, this Agreement should be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the procedures set forth in Section 946.515(2) and (4), Florida statutes; and for the purposes of this Agreement the person, firm, or other business entity carrying out the provisions of this Agreement shall be deeaed to be substituted for this Agency insofar as dealing with such corporation. .- 90 ~ IV. This instrument embodies the whole Agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. No change or addition to this Agreement shall be effective unless in writing and properly executed by the parties. V. Any provision of this Agree~t in violation of the laws of the state of Florida shall be ineffective to the extent of such violation, without invalidating the reaaining provisions of this Agreement. VI. The following provisions shall apply for the voluntary and involuntary suspension or termination of the grant by either the Department or the Grantee: A. Suspension. Suspension is action taken by the Department which temporarily withdraws or limits the Grantee's authority to utilize grant assistance pending corrective action by the Grantee as specified by the Department or pending a decision by the Department to ~erminate the grant. 1. Notification. When the Grantee has materially failed to comply with the terms and conditions of the grant, the Department may suspend the grant after giving the Grantee reasonable notice (usually 30 calendar days) and an opportunity to show cause why the grant should not be suspended. The notice of the suspension will detail the reasons for the suspension, any corrective action required of the Grantee, and the effective date of the suspension. 2. Commitments. No commitments of funds incurred by the Grantee during the period of suspension will be allowed under the suspended grant, unless the Department expressly authorizes the. in the notice of suspension or an amendment to it. Necessary and otherwise allowable costs which the Grantee could not reasonably avoid during the suspension period will be allowed if they result froD charges properly incurred by the Grantee before the effective date of the suspension, and not in anticipation of suspension or termination. At the discretion of the Department, third party contributions applicable to the suspension period may be allowed in satisfaction of matching share requirements. 91 "I;W , 3. Adjustments to payments. Appropriate adjustJlents to the payments submitted after the effective date of suspension under the suspended grant will be made either by withholding the payments or by not allowing the Grantee credit for disbursements made in payment of unauthorized costs incurred during the suspension period. 4. Suspension period. Suspensions will remain in effect until the Grantee has taken corrective action to the satisfaction of the Department or given written evidence satisfactory to the Department that corrective action will be taken, or until the Department terminates the grant. B. Termination. Termination is the cancellation of grant assistance, in who~e or in part, under a grant or project at any time prior to the date of completion. 1- Termination for cause. The Department may terminate the grant.in whole or in part, at any time before the date of completion, whenever it is determined'that the Grantee has failed to comply with the ~erms and conditions of the grant. The Department will promptly notify the Grantee in writing of the termination and the reasons for the termination, together with the effective date. In the event that the funds are not used for the purpose for which intended by the grant, or if it is later determined that the project failed to meet grant qualification requirements, then, at the option of the Department, any portion of the grant previously advanced shall be repaid to the Department. Termination for convenience. The Department or .. 2. the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two parties will agree upon the termination conditions, including the effective date, and in the case of partial terminations, the portion to be terminated. 3. Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the first payment on the grant although the Department must be notified in writing. Once initiated, no grant shall be terminated by the Grantee prior to satisfactory completion without approval of the Department. After the initial payment, the Project may be terminated, modified, or amended by the Grantee only by mutual agreement 92 , . of the Grantee and the Department. Request fc:jr termination prior to completion must fully explain the reasons for the action and detail the proposed disposition of the uncompleted work. 4. COIDmitments. When a grant is terminated, the Grantee will not incur new obligations for the terminated portion after the effective date of termination. The Grantee will cancel as many outstanding obligations as possible. The Department will allow full credit to the Grantee for the Department's share of the noncancelable obligations properly incurred by the Grantee prior to termination. Costs incurred after the effective date of the termination will be disallowed. . 93 .. . ~ 1M WITNESS WHEREOF, the Department and the Grantee have'read this Agreement and the Attachment hereto and have affixed their signatures: WITNESSES: DEPARTMENT 0 J~ R~-lAfJLI/. ~~~t....) ~~.,..a. ~~\ P. WALKER ~~. ~~ tsL~u... Bureau of Historic . Pres ation Division of Historical Resources CITY OF DELRAY BEACH ~Z'J:: L//~~ Mayor .. 94 ~ '.S" O(u.,.ln or YIl( IITRlot 1M ._ 12M ASsuwa OF COMtllAJfa - "- .... I 1-'.'" (nUl ". (m, 115111\ '" Of "... City of Delray Beach (hcrcina(eer called "Applicanc-R~ipiene"1 'N._ ." A..,..........<<.~_&1 HEREBY AGREES THAT IT ....ill comply -ich Tidc VI o( ehe Civil Righu Ace o( 196~ (P.L 88-H2) and all r~quuC'mC'nu imposed by or punuant en che ~~rcmenc of chc Ineerior Rcgulacion (~3 CfR 17) .Hued pursu~ne In rhac ciclt. to ehe cnd chat, in accordance wich Tide VI o( ehae ACt and che ReauJaeion. no ~r. ~un ,n .hC' l'nitC'd SUtC', shall. nn the ground of race. color, nr naeiCtnal origin be excluded (rom panicipl' tion in, ~ dC'NC'd tht' ~nefiu of. or bc ochc""',e subi<<ted co discriminacion under any program or KlI'Yicy (or which thC' Arplicane.R~ipiene r~eives financial assiuance from F lor i d a Deet_ of State and ...._ - 0fI,.... Hcrt'b~' Gi"n Assurance Thae If will immediaecly tallc any measures co eKeCtuacc this agrcemenL If an~. rcal rrore"~' or nructurt' ther~n is pro,.ided or improved ...ieh che aid of Fedcral {,nancial usinanct' ntcnded tCt chC' Appliont- Rt'cipiC'nt byF lor 1 d . \ De e t. 0 f S tat e , Thi. a..urance oblir;alcs ehe a..'.... fit' ~. A pplicanr- RC'C1rit'nt., or in thC' cue of any transfer o( such property. any tun.(crce (or tht' puiod durina ... hich chC' rC';a1 rropr~' or uruCturC' is used (or a purpose involving tht' prov,sion o( similar ,c","en or bcM. hn. If an ,. r~nonal rrop"rf)' is so provided. chis assurance obligatc, ehe Applicane-R<<ipien, (or ebt' ~riod ,.. durinJ: .. hich II rC'uin, owneuhip or poncnion o( ehe propc~. In aJl ocher CalCS. this a..urance obJipea , tht' Arpl,eiint.ReciplCnt fur ehe ~riod durtng ...hich ehe Federal financial luiulnee il"e.'~ndcd 10 ie by_ F'll'l'l.l.. ["\,'I't. ,"f State -. M.....lllI Of ~C'.. IS A~~lIRA:"-ICE is pvC'n in cnnsideraciun of and (or che purpos~ of ..buining any and all FC'deral ,::rznu, 100ln" ..!.oncracu. propC"n~' di,cnunu or ocht'r FC'd...,.1 financial aUlIlance C')(ct'ndC'd after eh~ da~ hC'rco( 10 tht' ^rphCa"l. K("c'r'.C'nt tw the bureau or nffic~, induding inlCallm~nf palm~nu a(f~r such dut' un account o( J(foIn~("m,'nu (,lr FC'dC'ul finanCial auisuncC' ...h.ch "'~rt' appro,'C'd befurC' )uch due. Tht' Applicanf.RC'.:ip,C'ftt rC'ul'::"UO ;and a~rC'C'1 thAI )ueh FC'dC'ral financial a",sunce will be- uccnded in reliance on thC' rer'rC'~encalions JnJ a~r("f""lt'nu made'.n rhis .luurancc. and th~e ehC' L:nict'd SUtes ~hall rcser"e Ih~ rlllhc In st't'L. ;udicUiI ('"(orern"."c (I( Ihu..lHUuncC'. This aSluranc:~ i. binding on ehe Applinnc-ReciplC'ne. in succeuors. lrans. i('fC'n, and ;1HI,::nC'C'~. .and the r'C'non or petltlns .....holC silnaeurC' appt'1f below arc auehnflzt'd ro ,ign Ihi. .lHUUnCr "" t-c-h;aJ( ".. thC' Applicane-RKiplCne, Ap r il 11, 1990 City of Delray Beach IlA Till ,,"PLIC,,!'."T ....lCIP'tNT ""'\ / / (~/ .-- . ,., /;. . /1> '<c .~ . Mayor c ............. C....-... .1 .....~ ... c........._ .._.... Ollocoal 100 N.W. 1st. A.venue , Delray Beach, Fl. 33444 AITUc..A:'Io"T.UCU'tL-.ors Io4A'UNG "OORUS 95 lit III ~ u.s. DfUII.IO 01 Till '''RIOI .. ._ UN lSSUWa OF COMPliANCE - , ..... 1 ._1.", (nlll Y1, (m. linn ACT Of "641 City of Delrav Beach (h~r~ina(lC'r calle'd "Applicant.Recip,~nc'.) ,,..._ oil A.."t........<<._" HEREBY AGREES THAT IT "i)l cnmply ..,ifh Tid~ VI o( Ih~ Civil Rights Acr of 196-' (P.L 88-H2) and all rC'qutrC'me-nu imposC'd by or punu.nf tel rh~ Oep.nmenf o( Ihe Inr~rior R~lularion (~3 CfR 17) ,uu~ pursu.anl 10 thac lidC'. to lh~ C'nd Ihu, in .ccord.nce' -ilh Tirl~ VI o( rhat ACt .nd rhe' R~lul."ion. no per. sun In I~ l'nilC'd SUIC'S shall. nn lh~ ground o( race. color, ur narit'nal ori,in b.- ~xclud~d (rom panicipa. lion in. be' dC'r1IC'd the' bC'ne-hU 0(. or b~ Olhe-r.....ise- lub;C'C1C'd ro di,criminarion undC'r any program Oft aaiviry (or "hieh Ihe- ArpJinnr-RecipiC'nr ,C'CC'iv~s ftn~nci~J usisr~nCC' (rom F lor i da Oeot. of State and .tlr.... .... 06C'.. flC're'b,. Gi"n Auurane~ That Ir .....ill immC'dialC'ly t....C' any measures to ~ffC'C1uatC' thi, alre'cm~nt. I( .n~. rn! rropC'n)' or uruoufe' rh~rC'on is pro,'idcod or impro'\le'd ..,ilh Ih~ .id of f~denl (Inanclal usiuance ulC'nded It' Ihe- Applic.nl.R~ipiC'nt byF lor 1 d.l Deot. of State . Thi, assurance obliCacu rhe Ih..,... fit' ~.. A ppliunl' Re-c1riC'nt. or in the cu~ ot any uans(~r o( such property. any Inns(e-uC' (or Ihe' period durin, ... hich rhe- re-..I rro~~. or srruClurC' is usC'd (or a purpose- involving the> provISion of ,imiJar sen'icn or berM'. tin, If .n,' re-fSonal rropc'ny i, so pro'\ltde'd. Ihis assurance obligu~s th~ Applicanr.R<<ipi~n' (or tbe' ~riod :- dunn(: ...h'eh il rl'uin, o...nC'nhip or posSC'ssion of Ihe pro~~. In aU othC'r cues. chis auuranc~ obJipla , r he ^pP"C<anl.Rl'cipl~nt (ur the period dunng ....hich Ihe fC'dcral nnancial assiscann is. extended ro il by_ 1'"11"'J,;" f'.'I'I:. ....1' State -. ",,,,..,, Of ~. IS ASSl'H,A:'-ICE i~ pvC'n in cnnsidenliun o( and (or rhe purp<nC' of ..buining any and all Fll'dC'ral J:nnU. la.. M. ~"nlf ac-u, prop('"~' discnunrs or ofhl'r FC'd,'ul n n.ncial ulln.nce C'llle'ndC'd after IhC' da~ he-reef to the Ar-pl.canl. Rrnrlll'nl tw ,hC' burnu or nRice, Indudlng insullmC'nt p.rml'nu aflu such due' un account of ~rrJnl=C''''('nH ((l( Fe-de-ul "n,nc,.1 usisuncC' ,,'n,cn "'l're' 'ppro,.C'd be'(url' ,uch dale'. The Applinnr.Re-:ip;nu rrH'': nil'.' ..nd a,: r("C'~ fhA' )uch FC'dC'nl nnanc ial utlscance' .,ill ~ C:llIcndC'd in reli, nce on Ihe rl'r"l"e>nulions JnJ a~r('rnH.nU made- .n Ihis assurance. and lhal Ihe' l:nilC'd SUles ~hall rncf"C' Ihe f1ttht 'n Sl'C'f.. judicial ,.n(orCCn1l."1 o( thlS.u.uuncC'. This assur.nce' " binding un rhl' Applicant.Rl'ciplenl, irs succe'uon. Inns- iC'fC'("S, and 2"'J:ne-C'~. -'nJ Ihe pC'non nr penuns ",,'hose ,ignalur~ appC'ar below arc authnrizC'd fO sign rhis 2uuuncc "n ......h..l( .J; fhe- Applic~nt.RC"Cipll'nt. . Ap r i 1 11. 1990 City of Delray Beach DATil' A....UC"""'T ,lllCIP'tNT -~ / / (' .-- ~ / . /;. . /ill .~. #~/ - Il~ : Mavor I.......... Ch........ .1 ....." ... c.......,._ .._,.... 0...... 100 N.W. 1st. A.venue , Delray Beach. Fl. 33444 A'TU'-"~'T.uClf'll:....rs Jo4A1UNG ADD"US ~ 96 , APPENDIX B: FOOTNOTES 1. Ivan Rodriguez. Fro. Wilderness to Metropolis - The History and Architecture of Dade County. 1825-1940 (Miami: Franklin Press. 1982) . 6 , 2, Charles W, Pierce. Pioneer Life in Southeast Florida. (Coral Gables: University of Miami Press. 1970) . 227, 3, John P. Johnson. "Delray Beach Historic Site Survey." 1987. n.p, 4. Donald W, Curl. Palm Beach County (Windsor Publications. Inc, . 1986) . 75, 5. Ibid 6, Plat Book 2, Page 81. Palm Beach County Office of Deeds and Titles, Palm Beach County Courthouse, West Palm Beach. Florida, 7. Johnson. 1987. n. p, . J,L. Love became the town's first registered pharmacist and established Love's Drugs, the first drug store. 8. "$50,000 Bonds Voted for Delray Improvements." The Delray Beach Hews, August 17. 1923. 1A. 9. Charlton W. Tebeau. A History of Florida (Coral Gables: University of Miami Press. 1971). 383. 10. Ibid. 384. 11. Curl. Pal. Beach County. 77, 12. Clemmer Mayhew, "Father of Delray Beach Architecture. Sam Ogren. 87. Looks Back with Pride." The Pal. Beach Post, August 9, 1987. 10F. 13. The Delray Beach Hews, August 17. 1923. 1A. 14, Ibid 97 <I," , 15. "Residence of L,H. Walker," The Delray News,August 14, 1925, 1A. According to a formula devised by historian Donald Gaby, a $15,000 home would cost $271,500 to build in 1990~ see Gaby, "What Would It Cost Today?" South Florida History Magazine, Winter, 1991, 16. Plat Book 11, Page 12, Palm Beach County Office of Deeds and Titles, Palm Beach County Courthouse, West Palm Beach, Florida. 17, Rodriguez, From Wilderness to Metropolis, 83. 18. Johnson, 1987, n,p, 19, "Building For Year To Date Reaches Total of Half Million Dollars, " Delray Beach Hews, November 4, 1938, and Gaby, Winter, 1991. 20. F.E, MackIe Sr. also bought lots 15-24 from W,L, Brown in December, 1938, 21. "City Issues Many Permits," The Delray Beach Hews. October 28, 1938, n,p, and Gaby, Winter. 1991. 22. "Building For Year To Date Reaches Total of Half Million Dollars, " The Delray Beach News, November 4, 1938, 1A. 23, "Open for Inspection and Sale. " The Delray Beach Hews, December 21, 1938, n.p, 24, Marjory Adams Goodman. Telephone Interview by Emily Perry Dieterich. July 8, 1991. Delray Beach. 25. Curl, Palm Beach County, 107-108. 26. "Wood Cowan Arrives to Build Three Houses." The Delray Beach News, January 13, 1939, lA. 27. Clemmer Mayhew. "Banker's Row - Draft Proposal," February 21. 1990 and Jeff Perlman. "'Row' a Model for Neighborhood Restoration," The Delray Beach Times. December 27. 1990. 2. 28. Lois Messer. Telephone interview by Emily Perry Dieterich. June 23, 1991, Delray Beach~ and Pat Cayce. Telephone Interview by Emily Perry Dieterich. June 18, 1991, De1ray Beach, 29, Mayhew, August 9, 1987, 10F, 30, Ibid 31. Samuel Ogren, Jr. Telephone Interview by Emily Perry Dieterich, June 21. 1991. Delray Beach. -- 98 I 32. The Delray High School is part of the Old School Square Cultural Arts Complex. and was listed on the National Register in 1988. 33. Mayhew. August 9. 1987. 10F, 34, The Delray Beach Hews, October 28, 1938. n.p. 35. See Rodriguez. Fro. Wilderness to Metropolis. (Appendix II). for a list of projects credited to Paist. in which Steward may or may not have been involved. It is known that Paist and Steward collaborated on the Coral Gables Methodist Church. several residences on Miami Beach. and the United States Post Office and Courthouse in downtown Miami in 1931. which is listed on the National Register of Historic Places, Paist's "Florida Building" was built for the 1939 New York World's Fair after his death. as was as a home he designed for Mr. and Mrs, F.E, MackIe. Sr. in Seabreeze Park, 36, Frank E. Mackle. Jr. . Telephone Interview by Emily Perry Dieterich. June 20, 1991. Miami. and Fred Eckel. Telephone Interview by Emily Perry Dieterich, July 8. 1991, Boca Raton, 37. "Francis E. Mackle Started in 1908 in Jacksonville." The Mia.i Herald, January 2. 1972. 7. 38, "Letter from F.E, Mackle. Jr, to Jim Smith." March 29, 1990. 39. MackIe Interview. June 20. 1991. 40. General Development Corporation and The Mackle Company. Your Florida Property and Who's Behind It. July. 1960. 28. 41. Anna Merselius. "The Urbanization of Key Biscayne." The Island Hews, October 16. 1986. 5. 42. General Development Corporation and The MackIe Company. July, 1960. 11. 43. Ibid. 9. 44, Lee and Virginia McAlester. A Field Guide to Allerican Houses. (New York: Alfred A. Knopf, 1989) . 418. 45, Donald W. Curl. Mizner's Florida. (Cambridge: MIT Press. 1984) . 59-60. 46. Rodriguez. Fro. Wilderness to Metropolis, 85. 47, "Open for Inspection and Sale. " The Delray Beach Hews. December 21. 1938. n.p. 99 ,'. , 48. McAlester, 1989, 477-479. 49, John A, JakIe, Co..on Houses in America's Small Towns. (Athens: University of Georgia Press, 1989), 182--184. 100 lI- \Sl >C w w W t-J t..) t..) t-J t..) t..) t..) t..) t..) t..) t..) W t-J == oIlo W t..) ~ l-' oIlo W W W t..) t..) l-' l-' l-' 0 0 8 co oIlo 0\ co oIlo ~ 1.0 VI l-' ~ W 1.0 lJl l-' W ~ ...... en t..) tI:I ~ ~ "a w ~ co .... rn rn tI:I tI:I en ~ ~ tI:I l'Ij OJ tl:I 0 ::tI c... n :3: tl:I tIl G'l tl:I n ::tI :J:II t'1 ~ 11 CD .... PI PI 0 0 CD r:: ("t CD 1-" 0 1-" 11 PI PI 11 l-' ~ ~ Ul 11 ..... 0. CD ::s ..... 11 0 ("t 11 ~ ::s ("t ..... CD PI 1-" < CD ..... PI ::;,- ::;,- 11 ~ 0. 0 '0 Ul PI CD PI r:: ~ PI PI ::s ~ >l Ul ::s l'Ij ::tI :3: 11 11 PI ::s ::s PI 0. r:: PI 0. PI .... .... CD 0. tIl "a ::s 0. 0. ::s ~ ..... ::s Ul 0 Ul PI 1-" ~ 0. 0. PI CD 0 l'Ij "tl 0. ~ ~ Ul PI ::s CD :3: tl:I ::s CD ~ .... PI CD PI CD ::s 0. \Q < Z PI PI 0 0. 0. PI ("t t-3 11 Ii Ii 0. PI .... .... 11 11 .... ...... 11 11 0. ::tI ..... 0 ..... en 0- PI ::tI :3: .... :3: .... en tl:I 0 ...... tI:I Ul ~ PI ::s r:: PI ::s CD Ul 0 PI Ul :J:II 0 PI PI 11 CD ("t 11 N Ii ::;,- ::s Ii CD ::s & PI ::;,- ("t PI Ii tr ("t 1-" .... :3: ~ G'l ::;,- .... "tl PI ("t ("t ~ 0 PI :3: CD en PI ..... CD 11 PI PI >l Ul s:: 11 ("t ..... Ul PI tI:I .... Ul 11 ~ Ii ~ 0 n tIl ::cI ::s CD 11 PI r:: CD PI ~ ..... ::;,- . ::s 11 PI Ii tr ::s ("t PI PI PI >en CD a '< 0. ..... 0. 0 a Ii ::s ~~ ~ PI CD PI 11 ::;,- ~ ::s ::s ..... CD .... 0 ~i~ ..... ::s I~ ~n"a l-' OtIJ 0 >< >< >< >< >< \Sl >< >< >< >< >< \Sl \Sl II- \Sl II- ~IS ..... en >= la ==.... tI3::;an ~ >< \Sl >< >< & & II- >< >< >< >< & \Sl >< \Sl & tI:I .. t-3~ tI:I la t-3 II- II- >< >< >< & II- >< >< & >< & & >< & >< .... ~ rn >< & >< II- II- & & >< >< II- >< & & II- & >< I~ >< >< >< \Sl >< \Sl \Sl & & & >< >< \Sl \Sl & II- IB \Sl >< \Sl & >< \Sl & & \Sl & >< >< \Sl >< \Sl \Sl I~ >< \Sl >< >< II- \Sl & >< >< & >< >< \Sl >< \Sl * I~ . .'" APPENDIX D: COMMUNITY QUESTIONNAIRE April 20, 1991 BANKER'S ROW OPINION SURVEY This is a summary of the answers which you provided to the opinion survey completed at our first meeting. Several comments were made by more than one person. When a number follows a comment that is the number of people who made the same comment. 1. WHAT DO YOU LIKE MOST ABOUT YOUR BLOCK? (8") 8'EAU"N AND QUAL-IT'I OF THi: Hol\1ES C. ONVEN lENT toeA TI ON (3) NICE NE\~HBO~S (.~) ~ooD POTE NTIAL (~) 2. WHAT DO YOU LIKE LEAST ABOUT YOUR BLOCK? TRAFF\c... S I TLI A '"fl ON (r) Hl<:'H C.~'ME" ~ATE' (~) poo ~ C.ON DI ,.., 0 N OF SWALE (s) Poo~ L.'~HT/"'4 Cl) =- eM PT'I LOT (I ) IT MIGtHT 40 DOWNHILL. G) 3. HOW LONG DO YOU THINK YOU WILL CONTINUE TO OWN YOUR BANKER'S ROW PROPERTY? (Lf- ) I 0 "I E' A~5 oR MO~E DE P1: '" os uPON WH~" H AfP'E~5 It 1.0N6 TH E'" S LO'-I< (Lf ) 3-5 ~E' AJIl.S (:t) UNTIL. ~ "000 OFFE-R C.oI'1ES A"'ON~ (I) 4. WHAT CHANGES WOULD YOU LIKE TO SEE TAKE PLACE ON BANKER~S ROW 8eAUTI FlcA ,.,of\) (~) ST~Ee-T A^' D 51 D~W'I\LK A.uO s WALe. 1m PAOVE".I'IJ E'J\J rs ( s) T1(AFF1C. CONTROL (<l ) I IYlPRoVE D OF( Df-toltA"" ~ 1..1~HTINq C~) MOR~ pOL-Ie E' fA"ROL~ ('3) mo~ l: PA~I<IN6, (2) NO R1:NTAL.5 ( I ) LeSS NO 1St: (,) MoAf' rL E XI6lG 1...0N1N6 (I) , MOltE OWNefl. fAf(TICIPA1'ION (t) Mil k.lr:'# TO RE H 4e> Ct) 102 ~ ;~ APPENDIX E: TRAFFIC STUDY REPORT MEMORANDUM TO: Victoria Johnson Planner II ~ M~rK A. Gabr iel, P. E. AcI~ ~.I~ I - THRUa Asst. Dir. of Environmental Svcs./City Engineer FROMz Greg Luttrell City Traffic Enqineer DATE: May 14, 1991 SUBJECT: BANKER'S ROW TRAFFIC DATA We have completed a traffic analysis for the area surrounding nanker's Row. Traffic Counts were taken mechanically for 24-hour periods. Manual intersection counts were also taken. These combined tra.ffic counts - allowed the generation of the fOllowing statements, and attached figures. 1) Daily traffic volumes, by direction are shown in figure 1. Banker's Row (N.W. 1st Avenue - N.E. 2nd to N. E . 3rd street) carries approximately 2200 vehicles per day. This traffic is split directionally with 40% northbound and 60% southbound. 2) Truck volumes are shown in figure 2. Truck traffic as a percentage of total traffic ranges from less than one percent to almost eight percent. Swinton Avenue carries a daily average ot 7' trucks southbound and over 8.5% trucks northbound. 3) The Publix/Poat Office Shopping Center (site) driveway traffic volumes are shown in figure 3. This site generates almost 9000 daily trips (in and out). 4) Figure 4 shows the Publix site traffic on the adjacent roadway network. Site related traffic accounts for approximately 65-75% of the vehicles on Banker' s Row. site traffic on other area roads accounts from 88% to less than 10%. 5) Traffic projections were estimated based on a theoretical site modification of the publix Shopping Center. The driveway at the N.E. 1st Avenue/N. E. 2nd street intersection was assumed closed and all remaining driveways operating for both in. and out tratfic. These modifications resulted in only minor decreases 1n traffic on Banker's Row (see figure 5). 103 .. ". Banker's Row · Traffic Data ~ May 14, 1991 6) Alley t.raffio (see figure 1) was 39 daily vehicles. Hourly 'traffio count.s taken in the alley indicated there was no traffio from 11:00 p.m. to 1:00 a.m. 1) Traffic aocident reoords were reviewed tor t.he period of November 1989 to october 1990. This represents the - most recent data period available. These one year accident records indicated that one accident occurred at the N.E. 1st Ave.1 N.E. 3rcl Street intersection and six at N.E. 1st Avenue/N.E. 2nd street. The above statements should provide your office the traffic information needed for the Banker's RoW study. In addition, we discussed parking and design issues in our recent meeting with the project architects. Please contact me if additional items should be examined. - GL: mm attachments co: William H. Greenwood, Dir. ot Environmental Services Dave Kovacs, Planning Director File: GLETR514.MRM - Memos to Planning Department 104 N , ~ \,.) P)A N ~ f:- rz'~ ~ ~OW ~ ..- ~ ~ - - Nt 4 Tal PJ11te.e.T 4l\B~ P~T J.. o a:: ~I "e. "e,'l ~ ,. PVflJL.1 X ~ ~ - l J N e 9.1 ft." 4r- .11.So <-. \ \D ~ "Z.... ""T ~ e.e.T !l"i"!> -) 2""!:. ~"> <('J...z. ft1. \ ~(., 3~-a' lj, t J,.1' j': ~ .,. 4\ 1.l1 . 9'1'\ 3..,1"5 1'Je. 'lNr;7 J::- z;'l()c..f 4:;; ~ \~'vt ~~~ St..'7 ~ T178 ..~ ~~I l-:> t-\1,) ZZ 11~ f ~ z ":) -\11 .!, - ~ 1- toati ~> ul ''4- \1,)> ~-q Zoq 2~ E:)l !~!~~ ":i::>A.. , L. 't -m ~ W I L... _....:.;.~ - .... .0- _ -4=" I bt.m::E: 1r . , f"If: ". N ~ ~, ~. l- I (lOW t f!1A N ~ f:.12 ~ ~,p . ~ - Ne 4 TU 01rze.e.T P~T t7 ~ 1='1 Ge y, PVP)I..'X ~ - . l' ~~ l J Ne 9)"'0 O')T It: e.e. T , It) 3o'i" .~'t 4., 1- ' 1~ ~l#< ~ e:.. 'l'" 0 01 r:e.e.1 O~I ~\U 'Z ':) 1-\\) ~n l-'j t.~ ZZ ,- ~ \\)> -\1) \ll, 20q ~> %<1 oS'-q -T~-~L~,~ ( -1-'::'~''-''''1 ') --- -..-.r ,,_. -t. ~"\L~Lj.R,€ 2_ N ~ , f;A N ~ e. rzle, ~ ! ~(;)W ~ t- , ~ ~ - - Nf, 4 T&l ~1rte.e:.T P~T "~r:1 Crt. ~~.. IS!..!. -1;-' I Z. ,., PVP)L.I X 1:;-' I...IJ!. 'I - ,In 8~tJ \li"L ..J L,> J Ne ?J~" 5''5 ~a~ "'T It e.e. T \os'"' ~ Nt. ~NO ~~~ O~r- ~~ ...~ ZZ t ':) '& '::) -u) ~~ ~~ . ~> ~...q '%.0(1 ~.,~\.l'. ~1"S'L . \ .:r~ \\,~\.V~ \J 't5 {...v M i;; > _~"'!:11' ' :..:~ --;~ --... ~\b~ 5 . ~- . .'. .'" , ;~ ~A N I' e.1Z'~ ~OW .... ,. ~ , - .. Ne. 4 T" ~1 rze..e.T l~, ' P~1 ~ ~ ,,~ C::I Cre. 15~t,.; \ SI.(,I ~ lJ.~L) -t-1" PVP)LIX ~ Ar~ - l J Ne ?)~O 4:- ID1Yt ~~5ES 1;:-- ~ ~;~ ~,.It e.e. T ~/" ~ \4-~() ~ \ CA-S" - ~ ~II .J,~ 73\ Nt:.. '2~o 1...- z s;, ct -- r.!:' ~ ~~~ ~S2.. ~ ZL\'4 -4 O~l l-';:) t~ z ":) ZZ .~'l# ~li -\\1 .~ ~ '\ ~> ~, t~ \0> ~~. Z~ q ? ~..:::"e. L\ "'I C\.~"-("f"Ett. - .~c~ +-r. L _.~- ---"~ - -::"-- --. -- -~ ----. . t ~~~ , nQ . ~ N ~ ~ I I ~' L- ~~ N I' e. rz';:;, ~O'N ~ ... t- ~ ~ - - .. Nf, 4 1&1 ~,.rtU.T '1111' P~T J, . t1 s:' ~I Crt. . '7b~ I r) ..i::-~ z,u'i z... J..1' F'VPJL.IX :~'] - ~~ ...,~ J ~- c4~'t o(-9t>7 ~ l.z.4. S83. ~ 8'7'~ (o"lf> -)a ~, ~1' . 11t Nt. 'iNt1 ir- Z.-SD "'......,1.~ e,l ~e.e:T % ~L\c., -4. '2.. ,\-"t. ~ ~\U G~I t-:) 'f\\} z ':) ZZ 3'S- _ '::) t-I~ -w ~. ~ J:> ~ > t~~ ~> ~..q '\~\L~"n~ --;..~ --:-.-.~ -'-'''~'-~- +\ blN€~ ~ . ,," ~ APPENDIX F: RECOMMENDED PLANT PALLETE The following recommendations are suggested landscape material for Banker's Row streetscape and neighborhood renovations. These plant materials were selected for their low maintenance and drought tolerant qualities. Many of these plant materials were commonly used in the years prior to World War II. They are marked (*) . Using these plant materials placed in appropriate places along with an efficient irrigation system, soil amendments, and mulching will reinforce the City's commitment to Xeriscape. These materials are not intended to limit the property owner, but instead encourage continuity amoung the properties while keeping with the residential scale. RECOMMENDED PLANT MATERIALS Palms *Coconut Palm, Cocos nucifera 'Maypan' *Cabbage Palm, Sabal palmetto Dwarf Date Palm, Phoenix roebellini European Fan Palm, Chamaerops humilis Saw Palmetto, Serenoa repens Trees Bauhinia, Bauhinia spp. *Citrus, Citrus spp, *Live Oak, Ouercus virginiana Paradise Tree, Simarouba glauca Pigeon Plum, Coccoloba diversifolia 110 ~ ,'. , *Seagrape, Coccoloba uvifera Tabebuia, Tabebuia spp. White Stopper, Eugenia spp. Shrubs *Natal Plum, Carissa spp. *Cape Honeysuckle, Tecomaria capensis Chaucus, Murraya paniculata Cocoplum, Chrysobalanus icaco *Coontie, ~amia floridana *Crown of Thorns, Euphorbia milli Ficus, Ficus benjamina *Gardenia, Gardenia jasminoides *Hibiscus, Hisbiscus spp, Plumbago, Plumbago allriculata *Dwarf Sago Palm, Cycas revoluta wild Coffee, Psychotria nervosa Groundcover *Daylily, Hemerocallis spp. *Dwarf Lantana, Lantana spp, *Jasmine, Jasminum spp, Liriope, Liriope muscari Vines Allamanda, Allamanda cathartica *Bougainvillea, Bougainvillea spectabilis *Flame Vine, Pyrostegia ignea 111 .. The following list has been compiled to discourage the use of these plant materials due to their invasive qualities. Their use is not permitted. PROHIBITED PLANT MATERIALS Trees Australian Pine, Casuarina spp, Bishopwood, Bischofia javanica Brazilian Pepper, Schinus terebinthifolius Punk Tree, Melaleuca quinquenervia Fig Tree, Ficus spp, Ear Leaf Acacia, Acacia auriculiformis 112 ~ '" f APPENDIX G THE FLORIDA MASTER SITE FILE About the Florida Master Site File The Florida Master Site File (FMSF) is the state's clearinghouse for information on historic structures. archaeological sites. and field surveys for these sites. Actually a system of several paper and computer files. it is administered by the Division of Historical Resources. under the Florida Department of State, The FMSF depends primarily on the reporting of outside individuals and organizations for its information. The FMSF is not a state historic register. but an inventory which is intended for use as a planning tool and as a central repository of archival data on the physical remains of Florida's history. Each individual site file in the FMSF could become a permanent archival record upon the loss of. or irreversible damage to, that particular site. The FMSF forms require detailed information including legal and technical data, architectural descriptions and a statement of historical significance. A sketch map, a U.S. Geological Survey map, and photographs are required for each site. Sixteen FMSF forms were completed during the Bankers' Row Project (8PB6235-6250) and submitted to the City of Delray Beach and the Division of Historical Resources. The forms and their accompanying documentation are included in this Appendix. 113 ";" , A Note About Names Bankers' Row sites are identified in the FMSF by two names and current address. The Site Name is that of the owner as of April. 1991, with the name of the first home purchaser listed under "Other Names." 114 PAGE 1 HISTORICAL STRUCTURE FORM SITE 8PB06235 ORIGINAL x FLORIDA MASTER SITE FILE UPDATE RECORDER . B1 SITE NAME: Larry Siegal House HISTORIC CONTEXTS: Depression \ New Deal NATIONAL REGISTER CATEGORY: Building OTHER NAMES OR MSF NOS: Aat~on T. Smock House COUNTY: Pal. Beach County OWNERSHIP TYPE: Pt"ivate- i nd i v i d 1.la 1 PROJECT NAME: Bankers' Row Historic Site Survey DHR NO. : LOCATION: ADDRESS: 201 NE 1st Avenue CITY: Delray Beach VICINITY OF/ROUTE TO: On the Southeast corner of 1st Avenue and NE 2nd Stt'eet SUBDIVISION: Linton BLOCK NO.: 74 LOT NO.: 1<-' .::. PLAT OR OTHER MAP: TOWNSHIP: 46 RANGE: 43 SECTION: 16 1/4: 1/4 - 1/4: IRREGULAR SEC? y LAND GRANT: USGS 7.5 MAP: Delray Beach 1962 PR 1983 UTM: ZONE: EASTING : NORTHING: COORDINATES: LATITUDE: 26 N 28 LONGITUDE: 80 W 05 YISTORY ARCHITECT: Harold Steward of Paist & St ewat"d BUILDER: The MackIe Company CONSTRUCTION DATE: 1938 RESTORATION DATE(S): MODIFICATION DATE(S): MOVE: DATE: ORIG. LOCATION: ORIGINAL USE(S): Residence - private - PRESENT USE(S): Residence - private DESCRIPTION STYLE: Other - Minimal Traditional PLAN: EXTERIOR: Rectangltlar PLAN: INTERIOR: NO. STORIES: 1 OUTBLDGS: 1 PORCHES: DORMERS: STRUCTURAL SYSTEM(S): Wood frame EXTERIOR FABRIC(S): Horizontal beveled wood siding FOUNDATION: TYPE: Slab MATERIALS: Concrete INFILL: PORCHES: ROOF: TYPE: Gable SURFACING: Asphalt shingles SECONDARY STRUCS.: Gable over entrance CHIMNEY: NO: 1 MTLS: Brick LOCNS: East facade WINDOWS: 6\6 DHS EXTERIOR ORNAMENT: Wood shlltters, attic louvers in gable CONDITION: Fair SURROUNDINGS: Residential NARRATIVE: This house originally had a one car garage that is now converted to a room. It also still has a guest cottage to the rear of the property that was built ca. 1938. 115 ~ 'I' , Page 2 FMSF HISTORICAL STRUCTURE FORM Site 8PB0&23S ARCHAEOLOGICAL REMAINS AT THE SITE FMSF ARCHAEOLOGICAL FORM COMPLETED? No <IF Y, ATTACH) ARTIFACTS OR OTHER REMAINS: None observed RECORDER'S EVALUATION OF SITE AREAS OF SIGNIFICANCE: Architecture ELIGIBLE FOR NAT. REGISTER? No SIGNIF. AS PART OF DISTRICT? Yes SIGNIFICANT AT LOCAL LEVEL? Yes SUMMARY OF SIGNIFICANCE: One of the original Mackle Brothers homes built in Delray Beach in 1938, this house could contribute to a National Register District. ********DHR USE ONLY ******* DHR USE ONLY ******* DHR USE ONLY *********** DATE LISTED ON NR KEEPER DETERMINATION OF ELIG (DATE): YES NO SHPO EVALUATION OF ELIGIBILITY (DATE): YES NO LOCAL DETERMINATION OF ELIG. (DATE): YES NO .,. OFFICE **********DHR USE ONLY ******** DHR USE ONLY ******** DHR USE ONLY ******** RECORDER INFORMATION: NAME: Jane S. Day DATE I 4-17-91 AFFILIATION: Research Atlantica, Inc. PHOTOGRAPHS LOCATION OF NEGATIVES: Research Atlantica, Inc. NEGATIVE NUMBERS: Roll # 1, Phot 0 1 PHOTOGRAPH MAP ~ I IV.E. 3(2.0 S 7', ~ 1 ~l1i ==' " l- f') - I.!) [ED ~ /'J' C' ~JVO S r: 1 r . 116 '" II .3 E "!Ill r= 6' ~., - "I S' o . .... ., ..,=1' __..' .'~ . · _m _,..u · . . ~.__ ._...._'-. _" . _ '" ,.. ...' .. ..1 "., -OO'" ' .. ,.,. ' " .."_ .LAK< ""or"', ..' i. .. I ~ ... ~_ I I - I I ' I I -:/; . i . "Ii I r- "" I .-/ .. i' . i , . '-'-'-'-'-''''-:-'.~;-''; ! . ,-'-- \ /~ - .. . . ~ , . \ \-- \ \ ~ ... . I.. .'~ c:r:: -~. ..- -~= .. _ ~ / t "1- .1 .,- , r .' ~~. T-i,! ,". . . (::1-. 1 . .. ,. . ' b .. - - ~ - ~.~ ". ! ..' . . . _. 1 . ,-=-' \ ,--- ~. \ 1 \ \ f'; - I I .... .0 I ,: (::I , I 'J I I ' ' I __. _ 1 7 ~, - I - - ' ] ;. \ \ I .~~.. 11\ 'J..... --~-- .= . l~ v,:" ,",:.:-;-~.-.;-' ~- 1':'::':.< .::.... Delray 'u ,.; =: ',.,. .... Sh " >=l ,':". ,,:,,:":" ores . J" 'l ...;,n..:':~:>":'::~ ' .- -j 'r '~.': ..u' _U':f"~ "'.~.. " . ;,' I .1 . _:. 48 _~" ~ ii' ' i--------.L a I I" ' ___~ I \ I .. :.', t ;- , ,., .. I " I. . . ! ; . ,: ",". . l' .i ' .." ' . . " 1 ..' ..~ ~.Fo:-~=':.~!~=/S,.L sf' p... ~' : ~ SEIR"L.... . --.. ~ . - ." " . . ~ .: ~'! i % +., ,_--,-_, _~ _ . nOoSE ,-... -.,.' ..; . . , .. _ "..,..,.~_ _~_~_." I l' '" , ,"011).6. J~I . ',0 .. ". · ._.~--' ~ ' · ,""" . I ." l' .,...., .-~r---~-'-~' llP6""')S I . ~ -=" "'-"""" - ..j i -' j' . . . 1 _~ I I .~.= . ...._~ -"'- ._~- " --"'- ,\_,:< \~ .".~ ~- ;i":.: ..~,:>~;_:.:..;:/~~.r ~ i "",'" ,,; " ! , \' : . .-,.' ' . co.- '" ",,' ,.., ','" . , ,.. .. ~.....,. ! I" ~o cO"' , . , ,'- ~. ~.::::. 1 "-~--~-" , ' ... _. .' . ,,,ii.-,.. : ~. ' ,I. > 'iTl! - ~.::':;; ~ ' .. ';:.-- -j ''':~ .,,"~. ..._, _._._J r-'... . ,I . "".'. ., ---' - . .-" ::::-. ~-~~--,.".:..,---= _ _ _ _ ~_~-=--=-_ ----=-_-.;,;-_ ~_I"' _ . ... "'.~"-~. .:".,-;:-'.. . b._' .. . " ...,.- .., - -.---' ~.. , . .. " , Ra.. , _ ' ,:,:' ': ': ~i" :': ~ -,' ','. " · . In . I: ' .' ,. ' _ bow I r ~.________ ..:" . ' I ' : . ~:, L_ · Hom.. : '",'r.' .:: -- ; . .. -'::., .,,,,,, ...' ..' ~-o- f .".-,......... -J I' ~~~ ' =..', I J 6-19- .' =~~.. ............. .,,8 .. ,,' .' . I ~. - '.~c.- I ~.....J ... .' ':' . ""'- . '-"-' :1" c=~- . ! f'F"!.:' ,r.HI ' 0.. --:;." . :. ::' .'r::...~..':";:"';. ... C . ' . . .. ... ' ( , ,..,. .-- ,__" I ...f'........ . .,' { ~. .~~~:: ' f PAGE 1 HISTORICAL STRUCTURE FORM SITE 8PB06236 ORIGINAL X FLORIDA MASTER SITE FILE UPDATE RECORDER .. B2 SITE NAME: Arthur Clark House HISTORIC CONTEXTS: Depression \ New Deal NATIONAL REGISTER CATEGORY: Building OTHER NAMES OR MSF NOS: R. E. Ault House COUNTY: Palm Beach COI.mty OWNERSHIP TYPE: Private- individual PROJECT NAME: Bankers' Row Historic Site Survey DHR NO. : LOCATION: ADDRESS: 203 NE 1st Avenue CITY: Delray Beach VICINITY OF/ROUTE TO: On the East side of NE 1st Avenue SUBDIVISION: Linton BLOCK NO.: 74 LOT NO. : 10, 11 PLAT OR OTHER MAP: TOWNSHIP: 46 RANGE: 43 SECTION: 16 1/4: 1/4 - 1/4: IRREGULAR SEC? Y LAND GRANT: USGS 7.5 MAP: Delray Beach 1962 PR 1983 UTM: ZONE: EASTING : NORTHING: COORDINATES: LATITUDE: 26 N 28 LONGITUDE: 80 W 05 HISTORY ARCHITECT: Harold Steward of Paist & St ewat~d BUILDER: The MackIe Company CONSTRUCTION DATE: 1938 RESTORATION DATE(S): MODIFICATION DATE(S): 1947 MOVE: DATE: ORIG. LOCATION: ORIGINAL USE(S): Residence - private - PRESENT USE(S): Residence - private DESCRIPTION STYLE: Other - Minimal Traditional PLAN: EXTERIOR: Rectangular PLAN: INTERIOR: NO. STORIES: 1 OUTBLDGS: PORCHES: 1 DORMERS: STRUCTURAL SYSTEM(S): Wood frame EXTERIOR FABRIC(S): AlullinulI siding FOUNDATION: TYPE: Slab MATERIALS: Concrete INFILL: PORCHES: East\ .3 bay\2 wood columns ROOF: TYPE: Gable SURFACING: Asphalt shingles SECONDARY STRUCS. : CHIMNEY: NO: MTLS: LOCNS: WINDOWS: 6 \6 DHS, jalousie, alf.llninum awning EXTERIOR ORNAMENT: attic louver CONDITION: Fair SURROUNDINGS: Residential NARRATIVE: The garage far this house has been enclosed to create more I iving space. -- 118 / -"ge 2 FMSF HISTORICAL STRUCTURE FORM Site 8PB0c23& ARCHAEOLOGICAL REMAINS AT THE SITE FMSF ARCHAEOLOGICAL FORM COMPLETED? No (IF Y, ATTACH) ARTIFACTS OR OTHER REMAINS: None observed RECORDER'S EVALUATION OF SITE AREAS OF SIGNIFICANCE: Architecture ELIGIBLE FOR NAT. REGISTER? No SIGNIF. AS PART OF DISTRICT? Yes SIGNIFICANT AT LOCAL LEVEL? Yes SUMMARY OF SIGNIFICANCE: Bui It in 1938 as one of the original MackIe Brother homes in Delray Beach, this house could contribute to a National Register District. ********DHR USE ONLY ******* DHR USE ONLY ******* DHR USE ONLY *********** DATE LISTED ON NR KEEPER DETERMINATION OF ELIG (DATE): YES NO SHPO EVALUATION OF ELIGIBILITY (DATE): YES NO LOCAL DETERMINATION OF ELIG. (DATE): YES NO OFFICE **********DHR USE ONLY ******** DHR USE ONLY ******** DHR USE ONLY ******** RECORDER INFORMATION: NAME: Jane S. Day DATE: 4-17-91 AFFILIATION: Research Atlantica, Inc. PHOTOGRAPHS LOCATION OF NEGATIVES: Research Atlantica, Inc. NEGATIVE NUMBERS: Roll * 1, Photo 2 PHOTOGRAPH MAP t N.I2. 312.D Sl: ~ flol\tli "" ~ - l.u I!@ '< ~ IJ.G. ~~o 51 119 ~,~ . .. .. .3 E '90 ~1' WCST ~AU' 80C" 1 - . - - · '" ..".._j''''~''''.' " .._.... ". ~~.1! - _ T.~ S .~ ,., {LAKe 'NO"TNI ItI . . __. --!!-:')r - oJ T 4& 5 " - i",} I . l'~' -- .~~ . If! - I / i tAl i , ./ -~I \ ~ .1. . .'1 I .C:' -.. I . II I f' I -', ! I .- l._-_._'---'_._._-.-i~'-' I 'I : . I d. /' _.. .. , ---.,- <.!::'- I' ... ., . .....;;... ~ ~ 1 . ,. ... ....." __ ~_ . . .. . ~ 0"...,,, .' ~. .~. . -- .. - ) .-=-"'-. . . ,:-: . .; , I , \ I 0 .. ' . I I ~ : I - ....:; / . ,~ I t. - I :- \ - - - '~ ,. ,,- \ I '.'~,~ , I-.. . 1. - G:l .,_. =,.. _-_ _ . _~n'f ... Del '0 [........,;0 ' ':'" ray ,0 .:. l'; .:.... '.:--. Shores ,. "3 = I .::: :"::::':::::":::'" . ... ...., .... .. , ~- ~~.'~":-=-: .~..:~ I - f' ".,. I;!' " f.........-... ......... '=--=-' .---.. l> ._._" \ -- .-;:~,~..: =1 h n' ./ . -- ' :8 I I " - r.-----------, .-- '[ . .,' 1 '" - ... , :. I "all -. ----J. - I , :~, 10 . .. ..' _ ;. I "'- , i." ',' I. ,~C_ s.' .. ar.. :. '" I ... .. IQ: ;:==._=.=:~:.=---- ~~ I to. ST' '.. .'1 .,,, - .,; .... "~ ~ J:\ -:. u ..--= ..:- ~ -; ~'=='''''';'==-':, _!=' . ltl ):~! ~ - ... J ; ~. r! ~ ",. .oq .1L-3.===="'~~ __ .. . . 't':: .!.' :! , ' . _ Lu ~ - - .--= -c=.====;--b C.lQ -h ~ ,., " I I _ _' ' . _'" .., - :;:-, :--" .-= =-01' ...- ...!.~~ ._ ~.j,o .Vl ... ~ ~ " ~ .! ; d ,2: . \ -- .. ~, CL.JI~K Hcu' I, )".'S , I .... . ..:;: : '1 ;: ,.' "":; r - '; .~ I ~ri~-o.: _.:,;-r~1.1-""-R-1 n-- ~~~A ~: ...\:..._ . ~ ' _.. ;:.,~ ~ 0" ___4.. _.F": . ~--=- ~- -.. ; . _. I _ . t' -~ . ~ \ I . J ~='---,. =,,=-= . ~ ' , .- ~. ' .>, ~.'r' -' f - \ ~ - - ' =~ I J~" :00':-" . I "", -e ~ =~. : .. .\, l ~:'"' :;:: _-~~-HH'~ . ~;~:~:~~~--~,_:.. -L -, ,j . _. . .I, s"'.... .-. ~,.. -.--' "'''IY .' . '. _________ " _. ....,..==~~---.-~~=~~.:.-:-~.:.. sr.. ".' tSc"thBi.. - _ __,_~'_~ :.;,...0 181' I' .., ,.., .J;'" ". ' · '" ~ f f .: ': ~f"':: , ..,', I'.' ::, .. i.. I . Rainbow I f.t.---.-.-.-,.....~.J /" eo :- '~:fd_..:..r.",., - H ' : 'I :' :'. :.,' , ~ '-: =~ -- . omes _.." . , ." ..' 6"'19, ~..=~ , l:iffi~F."""8 ::'~'.:' -" .:".-~i~q' i'h.' -~ I~"='" ~~ .' ,,'~....- _ I 1 FtP.~}'l!~ . .,- -1/.... --.. ": . --;.-: r,- " '.' 1 ')().. . 1 . I PAGE 1 HISTORICAL STRUCTURE FORM SITE BPB06237 ORIGINAL X FLORIDA MASTER SITE FILE UPDATE RECORDER . B3 SITE NAME: Richard Kamhi House HISTORIC CONTEXTS: Depression\New Deal NATIONAL REGISTER CATEGORY: Building OTHER NAMES OR MSF NOS: C.F. Ethe~~idge House COUNTY: Palm Beach County OWNERSHIP TYPE: Private - individual PROJECT NAME: Bankers' Row Historic Site Survey DHR NO.: LOCATION: ADDRESS: 211 NE 1st Avenue CITY: Delray Beach VICINITY OF/ROUTE TO: On the East side of NE 1st Avenue SUBDIVISION: Linton BLOCK NO.: 74 LOT NO.: 9,10 PLAT OR OTHER MAP: TOWNSHIP: 46 RANGE: 43 SECTION: 16 1/4: 1/4 - 1/4: IRREGULAR SEC? y LAND GRANT: USGS 7.5 MAP: De I t~ay Beach 1962 PR 1983 UTM: ZONE: EASTING : NORTHING: COORDINATES: LATITUDE: 26 N 28 LONGITUDE: 80 W 05 HISTORY ARCHITECT: Harold Steward of Paist & St ewat~d BUILDER: Mack I e B~~others CONSTRUCTION DATE: 1938 RESTORATION DATE(S): MODIFICATION DATE(S): MOVE: DATE: ORIG. LOCATION: ORIGINAL USE(S): Residence - private PRESENT USE(S): Residence - private - DESCRIPTION STYLE: Other - Minimal Traditional PLAN: EXTERIOR: Rectangular PLAN: INTERIOR: NO. STORIES: 1 OUTBLDGS: PORCHES: 1 DORMERS: STRUCTURAL SYSTEM(S): Wood fra.e EXTERIOR FABRIC(S): Horizontal siding and vertical board & batten FOUNDATION: TYPE: Slab MATERIALS: Concrete INFILL: PORCHES: West\entry\screened ROOF: TYPE: Gable SURFACING: Asbestos shingles SECONDARY STRUCS.: CHIMNEY: NO: MTLS: LOCNS: WINDOWS: Jalousie EXTERIOR ORNAMENT: Attic vent, wood sh'.ltters, hex. shingle roof patte CONDITION: Fair SURROUNDINGS: Residential NARRATIVE: The garage is ot~iginal on this building; not enclosed. 121 .'. I Page 2 FMSF HISTORICAL STRUCTURE FORM Site 8PB06237 ARCHAEOLOGICAL REMAINS AT THE SITE FMSF ARCHAEOLOGICAL FORM COMPLETED? No (IF Y, ATTACH) ARTIFACTS OR OTHER REMAINS: None observed RECORDER'S EVALUATION OF SITE AREAS OF SIGNIFICANCE: Architecture ELIGIBLE FOR NAT. REGISTER? No SIGNIF. AS PART OF DISTRICT? Yes SIGNIFICANT AT LOCAL LEVEL? Yes SUMMARY OF SIGNIFICANCE: IMportant as part of an historic district, this building was built by the Mackie Brothers in 1938. ********DHR USE ONLY ******* DHR USE ONLY ******* DHR USE ONLY *********** DATE LISTED ON NR KEEPER DETERMINATION OF ELIG (DATE): YES NO SHPO EVALUATION OF ELIGIBILITY (DATE): YES NO LOCAL DETERMINATION OF ELlS. (DATE): YES NO OFFICE **********DHR USE ONLY ******** DHR USE ONLY ******** DHR USE ONLY ******** RECORDER INFORMATION: NAME: Jane S. Day DATE: 4-17-91 AFFILIATION: Research Atlantica, Inc. PHOTOGRAPHS LOCATION OF NEGATIVES: Research Atlantica, Inc. NEGATIVE NUMBERS: Roll * 1, Photo 3 PHOTOGRAPH MAP ~ ] A).E. 3f2.C:l S7: ~ iJ "> ~ ~ " - @IJ f.u ~ AJ,c. ~"'O SI: 122 f I WEST "AU' .CAe.. 14A"E WO.1.. . If' ..37" SI: " flAKC WORTHJ ... 19\ S' .. - - ---.=--=--= -... - '. . ~-t~S .'--.\! - - - . I -J T .6 , I , , \ . , , .7[;.;., , I I . \ ~ i i 'f ' I . , , ! ,'-j. .....- - I . ".,' t:: . .1' / I r~ >, M.. . '-,I \ s..b I ! Ii.. \'= I >..-',. r ,! I ':...J_ l _._______.~7 --- . I I ------- - . -; . . _--=-1 .. .s.~,,! i ~ j r , '. ~ . , ' ;.. . .. I - . / . .., . ,'\ -. ". -. - . . I ' \ (i'. - '.Ji ,-.- ,,\-- - . c;::;- i ,-- .., I' - \,;:. == I !. . ~ 4 . -----... --:=:= ... II . I '~d-. ::- . " ~ --~- .'. ~.r = .~~-.~~"? ~ --.-~..~~_.~ __ .. .. - '1 '41 >I. _'~,_ '", -- -0... ~ \) \ ,,, .-: 'I I - .., ~ : IV < . ~ 1 i ...,. , I I . . _ _ _ '-- '/ ,.~-, -'~'=.'---,- \ - .. .,-, .- I '. ,',. , ~ '" - l' d =~~:~,=::'.:..:-" Delray ., .:~ .--. ('..........,... Sh res . 1, ~ ~ _ -":';0:3k~:::::;,: ,'/ -- _~:~:. ~ - ~~;"-~.. ..... 'f~':""'- ~.'-~-:-. .q--~ [[ , ~. - - fT . i .lis ',. . Sc '. ., If t~J '~ _ ' . - J ~' i} ,r...... : - ': '! .' j I w. r~.r~ C ~ . 'l · .. 1 j ~ . 1 ~ I I ':.' . '\ :1 T" ~ o ',I _':"~-='=r---LJ-!!lIL:~-1I;:- . ...._- '--.."..-i~-Y;"-i:-~i-h'..h..'I-.~1 =~, ~ ~ELr~,BEAC c~. - - '" I .q. I .. .' . - j SI, ==_= d~~'==:=-~= .1 . ' .~. J' '! ~ ..= ~ .','" i': 'I M - . I ',. It I ~ - - '"' -,;, :8 ._10 . II '==-; , -------, . I "'I Sa ~ ' - r----- ::.- ~ - 1 "-"1- ~~.~: I. ;. . .1 Oark 'C". : I ..~ .~~ I. .' <C. ';~_'$r..!-, ST~==~=, ' I . . ., ...!Jo 10 '-"~<~--=-~~~-----.., r' . I I , : .- Ia: r-,' .... .: t ; 1 1 " t ~ I I \. -"-~ ~~'I ~ -4- . ':, C'.?(I f_ .,' - - - .lll ) I ~ '" " .. ==>==>===~-",;===;pr,=;--, k""HI u",,",. I ',' I ' . ., ===="'--'-=~~_., - .=...,.. "" . ,.,.. /"I""'.... '!, p -' tI ~ :;ti. ~j, ".~'.:: :. c' . .2I/PE IsrAIJ i. =. ,Vlj .,. .. . u.! ;;=-------t=?~. +' _~. "."aeo I. .~:-'c--I;~=; .: =r, . .,: . l' fJPt30b"~'7 !. o..e-' : e ' · BiP~ I ! '-".0 ' . : :; ~; - .~ u:_ .:..~. ~. . i~.,~~:r : .:~, :}'C.-r. . .' .~ ' r. \-, r _.' ''NT.. ,==. ' i:. ~\. ~G,=, .: -. -4; .sc n..: , 1"'-~~,r . ,. · ?oe1kge .:" :':-:"':'::' :>~~Lltt~LU r ~ :lalf" 3ei:" L . I '-'~= c.... ~~ _~_L-:-=~~:~~:,==-=j (;i~I~~ld ';Aunt'y:>_o I ~ '_ =r- ~ . .; \ . ,I 1 , ~~ -'-'im ,~c, ~:F.~~ :~~~:;'U , .', ...--- "\ I sw,~___ ~"'''' ..", l 7-', .- ~~~-_.- - -~~~'i': :':. :": ~Q;"':: , ---------J'6 ~~.-:,,:;;:. 1St. "t'! ,~;~/..:- -,:= .' 3 : -~ -- nbo -t.___.___._~":. ':'j 8"'19,.' , ' Rai WI...;.,,:!:'.:":, ::..~ . '... v:; .' ." - Homes .. ' ':7'!;': ' 7'-p y:: ..._.........._.;. .."",=.!!.' .t., '.~~ .' . : ~=~ ,~r~~~'H~ " ~.= ,.'/:....... . .. '. .__~. :_ ,.. , I PAGE 1 HISTORICAL STRUCTURE FORM SITE 8PB0E>238 ORIGINAL )( FLORIDA MASTER SITE FILE UPDATE RECORDER . B4 SITE NAME: Cora Messer House HISTORIC CONTEXTS: Depression\New Deal NATIONAL REGISTER CATEGORY: Building OTHER NAMES OR MSF NOS: J.L. Patterson HOllse COUNTY: Palm Beach County OWNERSHIP TYPE: Private-individual PROJECT NAME: Banke...~s' Row Historic Site Survey DHR NO. : LOCATION: ADDRESS: 215 NE 1st Avenue CITY: Delray Beach VICINITY OF/ROUTE TO: On the East side of NE 1st Avenue SUBDIVISION: Linton BLOCK NO. : 74 LOT NO.: 8,9 PLAT OR OTHER MAP: TOWNSHIP: 4E> RANGE: 43 SECTION: iE> 1/4: 1/4 - 1/4: IRREGULAR SEC? y LAND GRANT: USGS 7.5 MAP: De l...~a y Beach 1962 PR 1983 UTM: ZONE: EASTING : NORTHING: COORDINATES: LATITUDE: 2b N 28 LONGITUDE: 80 W 05 HISTORY ARCHITECT: Harold Steward of Paist & St ewa...~d BUILDER: The MackIe Company CONSTRUCTION DATE: 1938 RESTORATION DATE(S): MODIFICATION DATE(S): 1954, 1974, 1988 MOVE: DATE: ORIG. LOCATION: ORIGINAL USE(S): Residence-private - PRESENT USE(S): Residence- private DESCRIPTION STYLE: Other - Minimal Traditional PLAN: EXTERIOR: L - Shaped PLAN: INTERIOR: NO. STORIES: 1 OUTBLDGS: 1 PORCHES: 2 DORMERS: STRUCTURAL SYSTEM(S): Wood Frame EXTERIOR FABRIC(S): Wood frame, brick on bay window FOUNDATION: TYPE: Slab MATERIALS: Concrete INFILL: PORCHES: West\central\screened\entry ROOF: TYPE: Gable SURFACING: Asbestos shingles SECONDARY STRUCS.: Flat roof over bay window CHIMNEY: NO: MTLS: LOCNS: WINDOWS: Jalol.\sie EXTERIOR ORNAMENT: Wood lattice over attic vent, aluminum awning CONDITION: Fair SURROUNDINGS: Residential NARRATIVE: The garage in this home has been converted to an extra room. The bay window is placed at the former garage door location. 124 I Page 2 FMSF HISTORICAL STRUCTURE FORM Site 8PB0&238 . ..<CHAEOLOGICAL REMAINS AT THE SITE FMSF ARCHAEOLOGICAL FORM COMPLETED? No <IF Y, ATTACH) ARTIFACTS OR OTHER REMAINS: None observed RECORDER'S EVALUATION OF SITE AREAS OF SIGNIFICANCE: Architecture ELIGIBLE FOR NAT. REGISTER? No SIGNIF. AS PART OF DISTRICT? Yes SIGNIFICANT AT LOCAL LEVEL? Yes SUMMARY OF SIGNIFICANCE: This 1938 building is i.portant because of its association with the Mackle Brothers building company. ********DHR USE ONLY ******* DHR USE ONLY ******* DHR USE ONLY *********** DATE LISTED ON NR KEEPER DETERMINATION OF ELIG (DATE): YES NO SHPO EVALUATION OF ELIGIBILITY (DATE): YES NO LOCAL DETERMINATION OF ELIG. (DATE): YES NO OFFICE **********DHR USE ONLY ******** DHR USE ONLY ******** DHR USE ONLY ******** RECORDER INFORMATION: NAME: Jane S. Day DATE: 4-17-91 AFFILIATION: Research Atlantica, Inc. PHOTOGRAPHS LOCATION OF NEGATIVES: Research Atlantica, Inc. NEGATIVE NUMBERS: Ro 11 .. 1, Photo 4 PHOTOGRAPH MAP ~ I jJ,E. 312.0 ST. l.u J ::> ({' I-.. II) - ~ (v <. N,/;. ~AJO Sr. 125 I I " '91 S' .. R ~l E '90' _ 1 ' , :U . ~ 1 ~ - - T ~~ ~ .~ - _ . :. __..=....::_.-...J T4o:' I 'J1'I. .-.-.- I' "f: .l I ~../\ '. I . . - I i.~...J' . .; ,... - ~. J . r l ..' I . I , It~I_1> '; '0",. " I _..r _'_'_' I , , . e. o .~. , I ....t EtU-._.~-_.;,., I ., Sell ,o-"!' 1 I .1 ~ i ,_ '.i/ .\ =! '. \! .1. I . _ ..... ., l _._._._--.-.~ --=- r _', _ --.---.;;. '., '. I I. ,: : .1 .- . ,'.---.-- .ii~I--- ~ ~. : , ...",... . · r i, I ~t..-=- ., '.. ,: ' './ ~~ f: .... :.' \ t' -' '.. ' . I :~ :' .' - " .JlJ',. '. \ \ - -:-:i ~. - I · ::, \ ,. 'lWIlI"-.-'--1 " .. .:. == I.. oj,.. -r .,' . .... ", ... '-- ~'.~.... ~.~; ,,) II' :e" ! · "'.'" . t ,. " '-'1, ~;-""., ; .' -= ~. :.: ..: " · ---' -, .- - Jr'v~'l~ I~ ~ l J i 1. 1 6=., ~~"';; ~/,. J ,;,_, -he.~~'-..:- '" , -~_J""'t ., ...." "C , 4 - ~ - -- -~- ---~-:--.~.~'~;~;~--:::~~ 7.~ '. : .. - _. ) .; ,r=.==--. ~=-:::;I!I!1.H..--",:;E'-' '6TH j~r.: ,1..1 ~-'-':.~r. ..- .... ~ --. - . 'I '--"F -~-~-" \ i'" * i'" j ~ - 1_=, . ..I, 3-~ . ~ I c:t -, :r OJ ~ .' .. , II'" . rt .., , I : - "oJ 0 ~_ " ~' :l_~.F.1,; _-=__~,3 ' ....~. ~;k"--"";'~l,. ;;zL!~,t.L ::i~. 'r / ]oo:~~..1 ,.J.. .JILQ. .J ~ ~~ :-..:,~. II' .:' ~-=ar---; I 7 jj !: ,..J~ _ l '-'i,~.t'- 1 -.r--.~, I.~. I . -. ,- ,'. ;'; " ~-===-.. ~ .:;"' . t. 1! f~1h' c.." . '. ~..w 8TH . .-~. 1 -. II Ctb \ "":~-~~i.:; --"":;.'9 -T-~ "'4, ;.3 _=-'-"'" lolL _~,~ " L.. ~.-..:-:=-:---, . -~ -o-_~ :b'!::t ~ r /".' , t . '" I 1 ' . _.-~ r=~ ' . . - .;' . .' ~. 6 ',...A=-~.....-- '.:LBL --~ .,. 'in. r- ':- . .., -.. .t, ! :- ~ ~--""i~' ..~ ~, Co':-. . ..... Delray I .-,== T 1 T 1 'If' . ......... .. f f -=c: ,:/ t... , I.:: .....::"-:::.:::::::... Shores . · ,f C~- '.' ,". -~_~", il.,;t=;7 ' ~, I. ..... .. . ~-__ "(__ ,. .. ::.., ":." -'0 eo:. lit! C 5T I l -1 C , .:...:....-=., :~...~ " _.,,";_.~~._"~~H!'_"f'-J' .'1' .~. ." . .---.---.-. '.1, , , '! - I .',' i,' _ --. ~ sp8I!,: I ;;i' ! 'I-=:' "'L l ' : , C!I Scb I 11 -~ J~ - I ~ 9 ir j -. ~ '-I J --=r='~~t,r";rkV 1;-;::; . , : Oil 1 :: -: . I ;1 ...... I. I.,. .._.. ':." /0 ..r~ .:,~~ DELR~~;;E;C~lT.~f~~-~L ., ~ ~~ '1,..1~lf ,I .,-. - w-_ -.= !JO ,; :.! ./ I IIf . 1 ~: ' :".l" j. I I, I. _. .;:;' i' ,,' O. _.. r-------..--~ ~ : etlll IW' . .. 1 ~.. ~ ..: ;Jar" ~ I (':1 r-~" _,. ~~N ._/S-' :;'l.'-l-'l'~~~ 't I I . '.: :' : -t-' ':~" 'L. : ~, . =1 ~ " C 'l ,. , 1 "1 ,- '. ';, ::___ __ "=_=~= ~.i....=~~;== . , - t= ~- ""i'"'='--'-':;--=:: --_. - - -"-....... ,-- I ~i " · 01) ~ ": .: ~ E . I R - "".: ~~'. ' . . --=-=~~~ Sfc _JIl_+ A16S5E(, "u.~ I . _ _ .~ ~ _, ~ .' II-o..e', . 0 ~~.... r ! ---'. .:.... . "'.. I folDtl3E' . .. . - It 'it' I ~.~.: i '.. ~,.._~.r,~~___;;,ST~-~~~-' )/5}JE'/srAv; '~ ;;:;.. _:... - . ...: . = 1:- . ~I'BOM,~8 r. l- .. . c::.. '. . . - - , wT = -- f/', . . \ .' ~~ :., ':...,.., ~~"1_.,;,. I , f \ · ;> "; "1"'.~ :: ' ,: ~;;._ .. Oe1ra'f 3e~:" . . I .....0:- _ 4- I Countr, CluO I "~~ .~\ ! I "{'i i 1 :::: ::: ::.,_,:: ~';~ -,":;; :- .' ". ~ i ! !i! _ "'.., :::-: _.- ' : ' . '" . L' , : H . ...:::: -' ?-~ .' _ '.:.' _ ~ ...... :. . I . ..: - - . ;.: . .!: : .: I :u: j "'81' , I. , , . ~-='~-:-_'';- - _._'~' tr"" ___.}/..:,: "0' Rainbow I -.------ :',,: :ii~: . Homes , . ,:'i ' ' ...........,.. .. ~ 8 " ." ' :::::!'~:.' 'i: ~ .' ~ : _ :::~:;":I! .:: i!, ' .:~ " .. '" , . ,.,. . 1 :. :" ' . . .' ...'.. 1 '\L:. . ....'. I .. "0." . PAGE 1 HISTORICAL STRUCTURE FORM SITE 8P806239 ORIGINAL x FLORIDA MASTER SITE FILE UPDATE RECORDER * B5 SITE NAME; Bill Richardson House HISTORIC CONTEXTS; Depression\New Deal NATIONAL REGISTER CATEGORY; Building OTHER NAMES OR MSF NOS; Frank W. Stanley House COUNTY; Palm Beach County OWNERSHIP TYPE; p~~ i vat e- i nd i v i d ua I PROJECT NAME: Bankers' Row Historic Site Survey DHR NO. ; LOCATION: ADDRESS: 219 NE 1st Avenue CITY: Delray Beach VICINITY OFIROUTE TO: On the East side of NE 1st Avenue SUBDIVISION: Linton BLOCK NO. : 74 LOT NO.: 7,8 PLAT OR OTHER MAP: TOWNSHIP: 46 RANGE: 43 SECTION: 16 1/4: 1/4 - 1/4; IRREGULAR SEC? y LAND GRANT: USGS 7.5 MAP: Delray Beach 19&2 PR 1983 UTM: lONE: EASTING : NORTHING: COORDINATES: LATITUDE; 2& N 28 LONGITUDE: 80 W 05 lSTORY ARCHITECT: Harold Steward of Paist & St ewa~~d BUILDER; The MackIe COMpany CONSTRUCTION DATE: 1938 RESTORATION DATE(S); MODIFICATION DATE(S): MOVE; DATE; ORIG. LOCATION: ORIGINAL USE(S); Residence-private - PRESENT USE(S): Residence- priyate DESCRIPTION STYLE: Other - Mini.al Traditional PLAN : EXTERIOR: Rectangular PLAN: INTERIOR: NO. STORIES; 1 OUTBLDGS: PORCHES; 1 DORMERS: STRUCTURAL SYSTEM(S); Wood Fra.e EXTERIOR FABRIC(S): Horizontal wood siding & brick FOUNDATION: TYPE: Slab MATERIALS: Conc~'et e INFILL: PORCHES; W\Enclosed porch\ entry ROOF; TYPE: Gable SURFACING: Asbestos shingles SECONDARY STRUCS.: Gable oyer entry CHIMNEY: NO: MTLS: LOCNS: WINDOWS: 6 \6 DHS, jalousie EXTERIOR ORNAMENT: Att ic 1 OI.\Y~'e, wood shutters, hex shingle pattern CONDITION: Fair SURROUNDINGS: Residential NARRATIVE: Like .any other examples on this block, the original one car garage has been enclosed to create an extra roo.. Jalousie windows are located where the original garage door once stood. 127 "" , Page 2 FMSF HISTORICAL STRUCTURE FORM Site 8PB0b239 - ARCHAEOLOGICAL REMAINS AT THE SITE FMSF ARCHAEOLOGICAL FORM COMPLETED? No <IF Y, ATTACH) ARTIFACTS OR OTHER REMAINS: None observed RECORDER'S EVALUATION OF SITE AREAS OF SIGNIFICANCE: Architecture ELIGIBLE FOR NAT. REGISTER? No SIGNIF. AS PART OF DISTRICT? Yes SIGNIFICANT AT LOCAL LEVEL? Yes SUMMARY OF SIGNIFICANCE: Built in 1938, this structure is significant for its association with the Mackle Brothers. ********DHR USE ONLY ******* DHR USE ONLY ******* DHR USE ONLY *********** DATE LISTED ON NR KEEPER DETERMINATION OF ELIG (DATE): YES NO SHPO EVALUATION OF ELIGIBILITY (DATE): YES NO LOCAL DETERMINATION OF ELIG. (DATE): YES NO - OFFICE **********DHR USE ONLY ******** DHR USE ONLY ******** DHR USE ONLY ******** RECORDER INFORMATION: NAME: Jane S. Day DATE: 4-17-91 AFFILIATION: Research Atlantica, Inc. PHOTOGRAPHS LOCATION OF NEGATIVES: Research Atlantica, Inc. NEGATIVE NUMBERS: Roll .. 1, Photo 5 PHOTOGRAPH MAP I 1'1. C. 3'::0 S1: ~ ~ I...:. ~ J tn - 4i i L }.J,(:, )...AJO S 1": 128 r I WEST ""~'" .EIl'" ...J7" SE 4.AI<E I/I/Olt,.. · .., It A3 E . "'I 5' 1 "'2 "'3 II.AKC WORTHI ... --~(l .. , . , ' . ~,i - 14'<; \ ..__.--. ._pd_ -::J . .. '. ., i . - .. - -------"--;;.--- ~ l~" ~ "( ;\ "F,\ _ 1 . . \ I . i-- -~ r: . - I ., ... -. . .,: oJ ... , ~c-=-o:.=- . . i I . ' . . ' ~ I .~ _ I '4ll r oJ ,-.u.. ,.' .. L E1fJ -.-.-. 1 " '-. - ,.., , I Se~ ._._.-#___.000 I ' r" ___' ,~~. ; I ..,. .., 1 1 .-- I . . ' , ' ~ ' '. 'I . . l._._.___._._._._.oI..._ I ~ r ...: . . '. -14 ~ ' I ~ _ . .__ ' . I r .' ' i i.' ,". . ( -r . .; f---'-"~' -~ . .. ~~~......., ,,: . ,.,/! " ....; -...!'---- 'I I '..' :'. '"'---:1' ," .. -...~' \ ( j,' . tF -, ',. ::. .....:.:....: i ._ . ._ "1' :., i' . ." ''. _..,.' . " ..,J I \ \ _ - ., _ .1 ~ - .,...: .c:;::;' i " Iii '} "I .-.-'-.1' ..,' ,._ l j , . r . . --. ......;.. . '. .'.:4' 1 l I -. ' / ... . ....-.....~ I _JL 'I' ... .' : ~ 111 I r "i'-'~" '.' -. ". . : ~ ~ ' ~_l _ J.. . . "3 .q .. 'b 1 I, 1 T-'- ~?iJ- :k;;-mo. ~,.. . ?"v. n I,~ . . _ ..... I; _ ~: i ~' " ,,",."- , ' _-=-:-_. .__ __' ",-::,'-::...7'"~~.' WI ...Eo,. ..(, .,- 04 _ - . !IQ; ',:10 'I==="",L 1. . : i . . _ . ) .l.J.- -~=-=-=-' ~~oL_1 t': -~. ~ t=~_-_~---=-NW 'TN r-'--- ~f -~: 'I' - \ ,'~ I ;1.-. - .lI!~, HC., If'" ....r' .-, ,. ..- \ ... ..' ,~ ., . w~' j. ... - ~ I. ~ '~ -~l-+ 1_..' R ==' ~~, !;>'~ I ~ I : I "I i"" . ::: --=: \ ,--...,7 ~~:i~; ~ -- !II ----~ I ',., ~_ 'lIP = J:.~ ='i;..-, ~:"w" 5' 11I ~. I -. 'p 1 i ~ l'~ ~L.:' .. :J... JlJ' a';r' ~... ~ F~'- ~ . .:' ---=-l~ -. I - - - .-' ;;: \ :d, -r' ( ~', =tt 7-'TD~'. , _" ~~/\ g 1 =--:=J I, f' IIY.4~t \ ,. _ ,L-'--__:: ~ ,",w_ IT" --. .1 " ~ C.'D __t.=___ ~ - j ,~ 10. ,=-=-~.__ 19:1 \ n ?J ._~.:;j. , __L I.tl~ . ~, .i L,.---- I i..~-~ '\-.'--rl..~ ~-.' d~rr.. I r- .:J i ~ _ .., - . o' I .~~~ft -r'f;~ · ..' .' " ". . Delra"(; , r---c-..t;,:, r-~.' - _. ,........ ..... ~. I !---~= f ~ 'I I ' ~ .:: ..., .:.;......>. ~hort.-s . J . f. l -:= :1 ~ -' ,.. '" = . :". '.:. ":'. . . . _ :z ,. , .,. ...,.. .... I. ..-^<~ ~ / ... :; '"!...':.:....".:.., '.:- .' - II":='C '. -. ~ ~ ... ..-. ..... ." . . . ...... " ' _ _. . ew' ..r" sr.. l i - " - ,.-.-----.-.-.---.-.... - ,.-~~-" -iliI'. .--' ('-ij-. ~' \ .~-='. ~.L~~' ',:: I:~ : 1 I 1 r ' :=====" " Sp8Q! I '., '., J ., i ~ Ie I ' ".: ~ . L.: Seloo ~ .. ,\ ,. .1 ,,~. " ,~,.=-=;- -;.... -'- -'=--'- :=..=. ,. ,: ..;:~ I.. ~ 1 : wa~'~I'Cn o . : I ' , ~ .--- ......-'" ".~ '-- ---iftY~ ----'~>, --- . .. __ _...__ ____,--:1.-----, .. I : II DEL 'y ,BEACH ,c~t ij ] I -~.-~-.,.-.-====_.--' -~"'LLSr r - , .1 ;-. -= ;<<rJO-:=W,--,:- t , t' ,it. ~, I r I I Ii .. . .. ' _., .. -- . · 'i. ..___.____'.:::.-0 ' ! t ....' ,I .~" - - I .._ r1...... ). 1 :sa,1 iIIoI- . 1 .'" ~ ~o. ~" 'C.. . i Jar", ::> . . . ..1"" ,sr. Sf ... . ! ' '.: . ... ,'~ ;, _ "- -. ,;:-~t ,; -~" , '. ' I ' . 1_ - 10 "~'1" ~ +.; ... II 1 . . " CD . I..' "I . C' ?C ~ i . ,I '~ ;=r-~:=~--' - -,...:.. ~~=~_:=o.,,--- /-- "~..-.~,.. RtCllAllOSOLJ . ....oj,,, " .. ..: ; ,; sC LI O()S~ . ....., _ . _ _. ., ''! .:.. _...-"-* _~~- S.L. n ,.. , ~ ~ H::r~ IB":' I! .,.-~" .... ~. .- ,21Cl /J.E.' sr AUf' ,: ;:' . .--=-'~"l ~ ..S,,~_.~~_ sr 4 --8PBOt.~~c:r . . -- - r, \. - l-- - 1 ~ : 1,3 . \ . ,......,J~ . , , .' ". ! De"":""'.!' 1\ i ~,~RCO.a:. :!':. ~ C.ol,./"Itry ':Iut , . . , -,-_..~ ~ c ",I ~ ""Hi! ~ '";:f~~:":"'n:"""f. ,"! . ~_..' ::'. ,...:::,....5-,'" .' _.___._J .. ..... ~ . ~ .,~~~ ~_. --., - ;.::" I :..: I ___~~_. _ _..::._..."",. f81 ..~ .::.:: . Rainbow 1 \l--"'_'_'_'_'_':'f:'" eo . ' 't :' : 'i .e :' Homes . :. ::.} :' .:. ::::::=:::: -.~4 .' :: . ............... .i: .. ::::::':'!J: HI ' ,~ !:..:; ;.. " , '~:. .',','.. - 1 ,,, . .. .. , .. . ,.?Q ., ' 1 ......... PAGE 1 HISTORICAL STRUCTURE FORM SITE 8PB0&240 ORIGINAL x FLORIDA MASTER SITE FILE UPDATE RECORDER . B& SITE NAME: Gene Fisher House HISTORIC CONTEXTS: Depression\New Deal NATIONAL REGISTER CATEGORY: Building OTHER NAMES OR MSF NOS: Howard L. Cromer House COUNTY: Palm Beach County OWNERSHIP TYPE: Private-individual PROJECT NAME: Bankers' Row Historic Site Survey DHR NO.: LOCATION: ADDRESS: 223 NE 1st Avenue CITY: Delray Beach VICINITY OF/ROUTE TO: On the East side of NE 1st Aveni_Ie SUBDIVISION: Linton BLOCK NO.: 74 LOT NO.: &,7 PLAT OR OTHER MAP: TOWNSHIP: 4& RANGE: 43 SECTION: 1& 1/4: 1/4 - 1/4: IRREGULAR SEC? y LAND GRANT: USGS 7.5 MAP: De I t'ay Beach 19&2 PR 1983 UTM: ZONE: EASTING : NORTHING: COORDINATES: LATITUDE: 2& N 28 LONGITUDE: 80 W 05 HISTORY ARCHITECT: Harold Steward of Paist & St ewat'd - BUILDER: The Mackie Company CONSTRUCTION DATE: 1938 RESTORATION DATE(S): MODIFICATION DATE(S): 1949, 1974 , vet'y recent I y MOVE: DATE: ORIG. LOCATION: ORIGINAL USE(S): Residence-private PRESENT USE(S): Residence- private - DESCRIPTION STYLE: Other - Minimal Traditional PLAN: EXTERIOR: Rectangl..llar PLAN: INTERIOR: NO. STORIES: 1 OUTBLDGS: 1 PORCHES: 1 DORMERS: STRUCTURAL SYSTEM(S): Wood Frame EXTERIOR FABRIC(S): Horizontal vinyl FOUNDATION: TYPE: Slab MATERIALS: Concrete INFILL: PORCHES: West\2 bay, wood spindles ROOF: TYPE: Gable SURFACING: Composition shingles SECONDARY STRUCS.: Gable roof on garage CHIMNEY: NO: MTLS: LOCHS: WINDOWS: & \& DHS, 1\1 DHS EXTERIOR ORNAMENT: Wood shutters, attic vent, canvas awning CONDITION: Good SURROUNDINGS: Residential NARRATIVE: This house still retains the original one car garage. Most of the Mackie Brothers homes on this block have made an extra room from the garage. 130 Page 2 FMSF HISTORICAL STRUCTURE FORM Site 81='B0&240 .CHAEOLOGICAL REMAINS AT THE SITE FMSF ARCHAEOLOGICAL FORM COMPLETED? No <IF Y, ATTACH) ARTIFACTS OR OTHER REMAINS: None observed RECORDER'S EVALUATION OF SITE AREAS OF SIGNIFICANCE: Architecture ELIGIBLE FOR NAT. REGISTER? No SIGNIF. AS PART OF DISTRICT? Yes SIGNIFICANT AT LOCAL LEVEL? Yes SUMMARY OF SIGNIFICANCE: A fra.e vel~nacular house built in 1938, this structure it important because of its association with the Mackle Brothers. It would contribute to a National Register District. ********DHR USE ONLY ******* DHR USE ONLY ******* DHR USE ONLY *********** DATE LISTED ON NR KEEPER DETERMINATION OF ELIG (DATE): YES NO SHPO EVALUATION OF ELIGIBILITY (DATE) : YES NO LOCAL DETERMINATION OF ELIG. (DATE): YES NO OFFICE **********DHR USE ONLY ******** DHR USE ONLY ******** DHR USE ONLY ******** RECORDER INFORMATION: NAME: Jane S. Day DATE: 4-17-91 AFFILIATION: Research Atlantica, Inc. PHOTOGRAPHS LOCATION OF NEGATIVES: Research Atlantica, Inc. NEGATIVE NUMBERS: Roll 4+ 1, Photo & PHOTOGRAPH MAP ~ I N. e. '3~o 51. ~ (; 23) ~ 'rl J - q) ~ N. Ii:. ~.vl) ST. 131 I I "" . It .3 E . _ '91 5' WCST "'AU' 8CAC- _ .U 4:: c i . _. I '92 .U1" SC I"AKC WO..'....II ...:._____..'-_...:.:'-.::.-.~ T 4~ ~.~ _ __-~-- (LAKe WORTH} 1M _. I' T Ju :- I . 1'(,," I ;. ,\ I I .'. 1 ! ' '/., I r ' , ,- I 1 " , . .~ ,',' l._____._._-_._._ " r -~,- , - , I . . j 10 'l I .- \ . .u. ( _' \ ,-- f \ \ -- - ..-. ... ,~ Ii I '---. - ... --- - -. C:I ~ 0 , ': ,':9 ~ J .. .---~ -. . . .- .. _ 1 (- .; : 1 \ ..... I I " / I !~ I . i :r:-- I~ I u_ --- :( \ ... I . - '? r- - t 'I' u:. .~.. ., 0 I........ . ';". DeITaY .0 . I "~'~ !U~~.:?~::~~~:~::::::~hOres . 1 ' _ -"1":'"'.' ~ .'-': .-:o:...~ I - - ' , ' ;' ~- '! f /' i : ~-- _J~" < ...0. ... _. _~) !L':: . ... ., 1.;. "". - . ,I .- '" -1'1\ '.: --- I '(- . .1. ..i~~l~ . - " ~. . ' ;. : 8 , :.;, . r--------.---, : ' ~ - i .,.. 1 .. - - :, : ~ ::'d' .. l ., . .'- - _'-1-"" I_~"~ ~r' ....1'.. .... f. . . I . - .'" : -- .-- "- ... - '--,-~ ~-..:..;=-:,- ~ !=-== 1:" I -, I _ . . '_~ ____~ T . 1 " :, t I -~--=~. ..~~=..-=~.c~~.--',.-' , '. R.d.o "S"'~ '.: : ~ -.- . '. o..ers I - - -.. ..: ; ;:' 't .~. ~i:..sa-~f ,- '--=, .'~"1--=---- ~--;~SI:-~~"- T Fist/e( HaUSE , . ~ 1 . --'.7" I . " sr t", .. P_ _ :... I _ .. Sw .... S. ~3AJE J AVE ~~ l-. _ ._~ N- t:-- ~. -- .'8P&J~,",o 15 \ .~__ C:..,.6. ,-~- - I , .' .' ~ 'If, - . ~~"- . " I \ ~ ~ I Cle,').' :le.:' . . I ;>'e R :~~ .::, ., :?' . Country Clu' C-'l1 .:. .. -"!;.~~~ -=,,;; - ...;.>c 1 - I " .....,'- _ -----L o/~ ___-- ;:-L JjjL."-:: :f~~;~~~~::::;'. '1:-:... 1 . _ _~ _ _ _~_ _ Isl'.,1 1:,/:' '...: Doi:::': ..,~1:.'" . . . _. i,-' : '. .: ' .: '. ~,_ ,:". L:, . Rambow I r L________,._. ~ : " " ." I ;: l-.~ ' :. ':3,'e' _ Homes : ..::i i ;:: ;'j :! B":-'j~',~":" ~ -~JIL I ..,......"... " ~ " .". " " . Ii".. , . _ !tN?:~i;, i~ · .:)f : :. .;' ,''':. .' ~-:..-;, ~.: '. . . . i ' ." . -- . .-' I; . :: ,"'~'.. . ._..... ...... .1 .............. Golf 1 PAGE 1 HISTORICAL STRUCTURE FORM SITE BPB06241 ORIGINAL x FLORIDA MASTER SITE FILE UPDATE RECORDER .. B7 SITE NAME: Steve Pescatore House HISTORIC CONTEXTS: Depression\New Deal NATIONAL REGISTER CATEGORY: Building OTHER NAMES OR MSF NOS: Goldia Hodges House COUNTY: Palm Beach County OWNERSHIP TYPE: Private-individual PROJECT NAME: Bankers' Row Historic Site Survey DHR NO. : LOCATION: ADDRESS: 227 NE 1st Avenue CITY: Delray Beach VICINITY OF/ROUTE TO: On the East side of NE 1st Avenue SUBDIVISION: Linton BLOCK NO.: 74 LOT NO.: 5,6 PLAT OR OTHER MAP: TOWNSHIP: 4& RANGE: 43 SECTION: 1& 1/4: 1/4 - 1/4: IRREGULAR SEC? Y LAND GRANT: USGS 7.5 MAP: DeIray Beach 19&2 PR 1983 UTM: ZONE: EASTING : NORTHING: COORDINATES: LATITUDE: 2& N 28 LONGITUDE: B0 W 05 . ~ISTORY ARCHITECT: Harold Steward of Paist & Steward BUILDER: The MackIe Company CONSTRUCTION DATE: 193B RESTORATION DATE(S): MODIFICATION DATE(S): 1947, 195& MOVE: DATE: ORIS. LOCATION: ORIGINAL USE(S): Residence- private - PRESENT USE(S): Residence- private DESCRIPTION STYLE: Other - Minimal Traditional PLAN: EXTERIOR: Rectangular PLAN : INTERIOR: NO. STORIES: 1 OUTBLDGS: 1 PORCHES: 1 DORMERS: STRUCTURAL SYSTEM<S): Wood Frame EXTERIOR FABRIC(S): Horizontal wood siding FOUNDATION: TYPE: Piers MATERIALS: Concrete INFILL: Lattice PORCHES: West\ entry screened ROOF: TYPE: Gable SURFACING: Composition shingles SECONDARY STRUCS.: Gable CHIMNEY: NO: MTLS: LOCNS: WINDOWS: & \6 DHS, jalousie, aluminum awning EXTERIOR ORNAMENT: Attic vent, wood sh ut t ers, window box CONDITION: Fair SURROUNDINGS: Residential NARRATIVE: This house has a decorative scalloped trim similar to the trim on 219 NE 1st Avenue. Garage enclosed. Jalousie windows are located at former garage door location. 133 ' ,,' 1 Page 2 FMSF HISTORICAL STRUCTURE FORM Site 8PB06241 ARCHAEOLOGICAL REMAINS AT THE SITE FMSF ARCHAEOLOGICAL FORM COMPLETED? No <IF Y, ATTACH) ARTIFACTS OR OTHER REMAINS: None observed RECORDER'S EVALUATION OF SITE AREAS OF SIGNIFICANCE: Architecture ELIGIBLE FOR NAT. REGISTER? No SIGNIF. AS PART OF DISTRICT? Yes SIGNIFICANT AT LOCAL LEVEL? Yes SUMMARY OF SIGNIFICANCE: This frame vernacular residence built in 1938 is one of the original MackIe Brothers homes constl'ucted in Delray Beach. ********DHR USE ONLY ******* DHR USE ONLY ******* DHR USE ONLY *********** DATE LISTED ON NR KEEPER DETERMINATION OF ELIG (DATE): YES NO SHPO EVALUATION OF ELIGIBILITY (DATE): YES NO LOCAL DETERMINATION OF ELIG. (DATE): YES NO OFFICE - **********DHR USE ONLY ******** DHR USE ONLY ******** DHR USE ONLY ******** RECORDER INFORMATION: NAME: Jane S. Day DATE: 4-17-91 AFFILIATION I Research Atlantica, Inc. PHOTOORAPHS LOCATION OF NEGATIVES: Research Atlantica, Inc. NEGATIVE NUMBERS: Roll # 1, Photo 8 PHOTOGRAPH MAP ~ I N.E. '3RO 57: l.U ';> <( Cffi) 1-' N ~ - IJ) ~ AJ. E. aAJO S't. 134 I weST ~A~" HAC,. 1 ~A"e WOR r.. . .., .9.17" 51: . 593 II..AKC WORTHI ... ~ 5' ~ lRHE .. _ I" _ -. (! -eo:: 1 i - T .~ 5 .,f-~ ~- ...... . :,,,___,,_.,,=,.~-;:_.~.J T o1Q; i I I , . I I I .. "': ~r:--:...:..i : · I : .:-:) I , ".'~.' -- . ;r-:-J I . ~I . r~ -.. / /, 'lIi& . \..- .' J . .. . -- ::>rlV'~-'" I.~ ;. --~~- / I - . __.. _ . ; .. - 1 L , - - -.~ . .-~ I , ' . ... . ... ~ '=-- . \ 1...._ * I 4... '.. I ~ ~, I ~ 'Ie'" I ! ;" ~ I~' . ~ . I ......,. . . I . 0_ . I;====:J _ :~ I ",- l' . J~ J I .: ," ( , . I .-- ~~ ~. - \ ~ ":' I -~ _ _ _ t 0 - roo ,.... ., _(; ..: .. ..... Delray . 1':'::'::. ':":" <:'" Shores . J ' : I ::.... :":.;,:':::. '.':::'" ~._ :: ..i..:":' ":...:~ , ..... ." . I . I... t 'f I~ w . -.. . :." I .I . . 1 r.1 j .. ' . ("\ I " - .'_ .0 _ .------.---..-, .... ~,)~' "''1 I I ~. ). ;. _ ;;",. ~I ;1 .... " 'C '", 'ST. ~_ =__==== .=:=:, I :~, ~~':.".__=-_.."~~._._ ~_~, I !. ! "... ~:t ;:t +:':. .: I . . .. . ',...' ...", 'ex ~ . :. ,:" - .~~:! _. .. -'- :~.i1=~~ ---f :.~r I To..e', 0 I~,,~.. 1 I' ..-~. .. .". . "'i n- .. KiP' . _..~.. ~~ ! t . jl: . I . _~ : i . . .. $.10' ~or-"_'_ ~; $1: ~- ~ . :' . VEP7ufUi :. ~. " -- ;".. -' , ''':, .-; 1 COJJCe'PTS r: \~ .. '~r;.:...'- "'I. IJJTE~""IJA/Al., ! ~ -\ --~~ : - "'=:.....~ ::IAJC, 1-100$6'" . - . I . ~~. . w :." :....... ~.. -' 11"7 ',~ 157" .<fur I .' i, p", ,~~'!; ::..' .:;;-,- -- . :: _ _~ gI.,.. Nf;; '7 ~ ?"",. =:-. .. . -=1 I~' 8PBOfo~'f1 ~ '-,,", ", _ .0 I . ~~,_~ .' \"-=-: 1 .,..': .... .',: ... ,.. . It. : i : '!" .- '! .~. - ..::=-- , .i "', . . I , , .. . 'M' __.., . ,...: _ . , to i . H Ii - '.. ".- ::-,:; .' . :,: . ~;: I !'-='- . ' . ~- .:1 I . S :::: ,or,., e'._ '~'._ 4...., .. ~. . . . ........::::::... W r-"- ............,' 'L ' .- - . , , '.' ." I :..: Dol...' .'... : .J .' ",. I I. .... . ., '. 1'! _ .. , r 111.,-: - ~~'6_ - ~ -':';" " . t. _. i..=:: .:~ I' i=_;.1z:' :_~~ Ra. bow I r ~----'---,'r-,-.-:-: :" :'j I 5":9, ',~:- ~- .. In . .:;. '.' . . .. ('--.. . ~""'. '.' I. . . I . ... t. "'!I'. I . Homes . : :,:"l : ',~....: ,.., :........._.=_:...' _.._ ,......,....., ...~. ' , " . ., , -" ,. :::::::::::::: ,: . .'. ..., .t" , ... ......., " "1 J - .. . ' . ,:,..! . . ':::" ..-. , _.L. ....::; ;.:'...,' , ...'". . .1 .. :: :, :- ' ' , .. . .... , .- . '. ,1.:' .. ....._. '" 1 PAGE 1 HISTORICAL STRUCTURE FORM SITE 8PB06242 ORIGINAL )( FLORIDA MASTER SITE FILE UPDATE RECORDER . B8 SITE NAME: Bud Merrill House HISTORIC CONTEXTS: Depression\New Deal NATIONAL REGISTER CATEGORY: Building OTHER NAMES OR MSF NOS: Harry J. Morgan House COUNTY: Palm Beach County OWNERSHIP TYPE: Private-individual PROJECT NAME: Banket~s ' Row Historic Site Survey DHR NO.: LOCATION: ADDRESS: 231 NE 1st Avenue CITY: Delray Beach VICINITY OF/ROUTE TO: On the East side o f NE 1 s t A v en 1.1 e SUBDIVISION: Linton BLOCK NO.: 74 LOT NO.: 4,5 PLAT OR OTHER MAP: TOWNSHIP: 46 RANGE: 43 SECTION: 16 1/4: 1/4 - 1/4: IRREGULAR SEC? y LAND GRANT: USGS 7.5 MAP: DeIray Beach 1962 PR 1983 UTM: lONE: EASTING : NORTHING: COORDINATES: LATITUDE: 26 N 28 LONGITUDE: 80 W 05 HISTORY ARCHITECT: Harold Steward of Paist & St ewat~d BUILDER: The MackIe Company CONSTRUCTION DATE: 1938 RESTORATION DATE(S): MODIFICATION DATE(S): 1953 MOVE: DATE: ORIG. LOCATION: ORIGINAL USE(S): Residence- private - PRESENT USE(S): Residence- private DESCRIPTION STYLE: Other - Minimal Traditional PLAN: EXTERIOR: Rectangular PLAN: INTERIOR: NO. STORIES: 1 OUTBLDGS: 1 PORCHES: 1 DORMERS: STRUCTURAL SYSTEM(S): Wood Ft~ame EXTERIOR FABRIC(S): Horizontal wood frame, board & batten on W. gable FOUNDATION: TYPE: Blocks MATERIALS: Concrete INFILL: PORCHES: Enclosed West facade ROOF: TYPE: Gable SURFACING: Composition shingles SECONDARY STRUCS.: Gable CHIMNEY: NO: MTLS: LOCNS: WINDOWS: Aluminum awning, 6\6 DHS EXTERIOR ORNAMENT: Attic vent, board & batten siding at W. gable CONDITION: Fair SURROUNDINGS: Residential NARRATIVE: Like many other hOMes on NE 1st Avenue, this house has a garage that was enclosed for Ilot~e i n t e r i 0 r s pac e . A bay window is I ocat ed at former garage door location. 136 1 Page 2 FMSF HISTORICAL STRUCTURE FORM Site 8PB0&242 "rtCHAEOLOGICAL REMAINS AT THE SITE FMSF ARCHAEOLOGICAL FORM COMPLETED? No <IF Y, ATTACH) ARTIFACTS OR OTHER REMAINS: None obset'ved RECORDER'S EVALUATION OF SITE AREAS OF SIGNIFICANCE: Architecture ELIGIBLE FOR NAT. REGISTER? No SIGNIF. AS PART OF DISTRICT? Yes SIGNIFICANT AT LOCAL LEVEL? Yes SUMMARY OF SIGNIFICANCE: As one of the original MackIe Brothers homes built in Delray Beach in 1938, this house is important as part of a potential National Register Di stt"ict. ********DHR USE ONLY ******* DHR USE ONLY ******* DHR USE ONLY *********** DATE LISTED ON NR KEEPER DETERMINATION OF ELIG (DATE): YES NO SHPO EVALUATION OF ELIGIBILITY (DATE): YES NO LOCAL DETERMINATION OF ELlS. (DATE): YES NO OFFICE **********DHR USE ONLY ******** DHR USE ONLY ******** DHR USE ONLY ******** RECORDER INFORMATION: NAME: Jane S. Day DATE: 4-17-91 AFFILIATION: Research Atlantica, Inc. PHOTOGRAPHS LOCATION OF NEGATIVES: Research Atlantica, Inc. NEGATIVE NUMBERS: Roll # 1, Photo 9 PHOTOGRAPH MAP ~ ] N.e. 3(1.0 51: 4J ~ ::> <t J.. N VI - 4J ~ N. e. ~AJO 51', f I 137 ". wCST lOA." ec- I ~A"C NOff r.. , ..37 II SC ... (lAKE WORTHI ._ ~2 ~I S'. . ... --. -- . . f _ _" __ \ft A 63E , : t65 '..- " ~\ I.' r=.(/ ~l! T~t; I "C" . .,.:' . . -- . \ , -. ..0.::.": ."-.- -~ I " . 4 .4 ... .-, I' I' .. , .-.-.- . . .,~ . , . I :,' 1 ..~~- -- =' ~ - E!r [n6 --i::~'~~ ' '. " I 11 '_"', '; ...'IIO.~ I .. i .. .; ... ,.~ " i ." I . _ J ...... I il __. '. _ . \ --=! - , -" ! -_._.~.- "'., ~- ,. , -.---.-- -. --', :f.. . " l.__ I ~__' ~.,. ; 1--4 ";q.~' .~~ :: ::. . . . I _ I ~ ~ " ' I / "., ... . \ '. "~., · .: . C).-\'yC1U I \, _ i .. ._....". .. ..- \. - -. . ~---- 1. _' " '. == ,",.:!tT-Y, - ii' ;".... ._ \ -~ - "' ... ._--':.......J";L~~__~, '.' . , '-..... '-"~1: -~ I D.,...,n ,. 2_ 04. 1 _~ --, .. ", _ + .. .: . , l' ~~~ h.mort ~/. "'.,~ t- , ... Ii - "I I~, "ll""~" -..,. J~... ..( . ~ .... '.I ii' . ~ ..... '., .._. : ; · "'. -.-.. .' .' wr', ...... .. .,-----,~~-~; '.. - ~ I. , ' - ....~ ~ -. , ~ . , I -- .."..... -- I'.' .~=_'. _._~,[___-=-" ,: ,a " _~, ' '. - ',:'. j ~'" . '.. . . '.. ' .' .'-'. "rr~ cr "'.~ LIL~ i- I ~.. ._ . '-.- · -~ ,. ,- 0 . I ~" . J! , · - ) l. 'J ;:C~~'~ ~1:---~ 1;~~~~ '::: ~ i_..: i ~ - - ... * 'I' , ,~ o. \8 ,t. -11 ij[' . ,.- . ... ~ ~. . . .".~ . '--r- . 'I i_~. ;1 ..-=. 1;----0 \ I "'-.~.~.. _ ~ ,,-,u.>~" 'J., ~. ; 1) I I '. "'_"'.. ;~c' .,. .1... ~-,; . !;=== :.., c I . ~-~[tt''''' ~'~-:. '-".t~ J I,. ." '.... p : ~ I. ~, "~. '~-:'_.'-'i-' ~, I I '. " ..J _~ if' _ ! ','v~ht _ ~':' .::-_ _ ! -8 . ~ 'I, -"'i1= d" '1 r ct.j ~ . i :;, , ,. " =01 \ 1 ,I --:r:;' '1 I ,.1 __ _ --. - . - ~ ~ 4TH ,.,C - ~. ~ I ~ I,. j'~ 'w. __. n.,~ '_,,', , i I ."-"'~''< .fiT I. ''',' '. 0 0'. ''-- _.~~- I' =--j r~~-' I o. "f \ ... L-.__ I " - ---="=t=, 1:c=L.... _~I '" ~.-i . .l_ I =--, .'1" ; i"'~""'- -, 'V'-'- ?F --I , I ~ ~ 0 : '=" t.=""' - (; -=== ," , t- '- .. I' _= _..r,,--, ! / - - ., . t r- ---: ~ " ' -.. "":" Ilelrn, , · ,.. ~_~""~, v- . ,.:::.... .:' :-" .;:!hores'::r: "- '=....." ST .1 I~.l-]--. _ . '. . . .., , r- ~r .. , .. '. . '.. I'- .w " . n 1 . .. ."<::: "'::"" -, -~ -,' .~ ~ . , , I :::., "':" ". "- --_.---.--:;:~ . 'j!' ,-' . "~I II ~ .. . . .. - .. . -- - ~-. Sp.cIJ I' , ' . :. ~.:70" .-: ...., /,,' _=-~ ~ I. '~,ScIi1 "'~a,'...r~c1 ~ 4; , I' Fi, -I~". ,I. I ~ . . . "M_;-=~r-f" , "' .1"... ~~ ==-f- '~., ~ I I: - ~ --=_ "co.' Oi I I ~ i; ~ - : .: ~ . -~EL- RAY BEACH rau '~l_~[l.!' 5_ · . . D ' . A ;0. _~..... I : .... : I ,d\ , " ~ . _ '"d _ _ ....,.. --po , I ~. .1 \-- ;.. """1" , , , . \ . ~-- ./ · . · ~. . r ii }. _ :. ;. r 5.,' ;: . : '- "',~, I _ ' s( :.:_=~ . ~ .. > . . ~"- '~-, , , '!.-.-- ~. ,::"'-;"'''' ~-, ! -~~~-~-,,--~~'- . ., '.' '. -r- ",,_. , ' 0 ,.. _ . _ .. . , ' · . ,"-~ .. --'~. , ....:; , L "'...... - MeRRILL · ~ ".. u,' .. ~~ . "0' .00.= . -" " " .. _.~ .. · . n ~ " ,0 '- .' '. '. ~ .~ 1ST". - . --. .-, .' . --. '~.2>1 ~ , i. "" . I .;.!:("\':....I! . -- .,.' . " . ;;':;: . r' ',~ F O1'JQN. ).lf2.. ' '...., 0 '7"' · --. ,~ '"~ O-{7VO' ... '. 1 . ~ ' . . 'C..,.:. . " .. '., , , -- ,: " \ ~ .. . .. ~ . ,. ..~ I ,: -, ' " ,',. :. b,'--O -~ . C",,, ... ...~ r _:_ i. \ . . '"' ','<; ",. ..:.__ __, ~_~ . . -- -" .. " " \ '- - . . '. -;- .: .-"'" . ' .' I . " __ '; '; . ". ' .." "",.. '" - - . . ::Ie. ..... .,.."" __.,.'. I .~__ - " ..,. . . , , ' '. '''' '.'.0 I '. .. . .,. ._.... .. .,., OW '~t . ' -. " I: '. .,. ".. "'. . . ... . . ' "i' . "',., ..' -. '.' r-""' '-' . ~ '. ' i!.: ..:.'.--.:.....'..""..... ,. ,,,_., l' ' . .."" "., . c.:. a.,".: _.. ., '''''''' ,'..... . i , it .!; :':. '; . .: : 'J--=-"i ' P~". . .' '. ". !"". I "_ ""'..~o:. ., " t ../ -. . .". ,. 1,:', " ~ I' .."...-. ' . i _; ~ _.J . _. - ..,;.;. 18 lor;" -.-.-..-:f!.....'::: ;'j "I ' ..., ..l,i',~ -= ( -,-. -- - "-'. . .' '. " - , , _.-- ----- Ra'nbow I _:':':', . .,:...:.........__;--.. /-s ,. - - 1 , " . . .' . .., :l .... ' , ':: , ,', , . ....~ - H..... , . . . ,__., ._._ . '" . .---...----....1... . 1 ,... " .__ ' ~~~[!:~ i~- . (.:::.: __' . ;0 . ",.' . ..-..- PAGE 1 HISTORICAL STRUCTURE FORM SITE 8PB06243 ORIGINAL X FLORIDA MASTER SITE FILE UPDATE RECORDER .. B9 SITE NAME: Melissa Fiorenza House HISTORIC CONTEXTS: Depression\New Deal NATIONAL REGISTER CATEGORY: Building OTHER NAMES OR MSF NOS: Katherine S. Gay House COUNTY: Palm Beach County OWNERSHIP TYPE: Pt'ivate-individl.lal PROJECT NAME: Bankers' Row Historic Site Survey DHR NO.: LOCATION: ADDRESS: 235 NE 1 st Avenue CITY: Delray Beach VICINITY OF/ROUTE TO: On the East side of NE 1st Avenue SUBDIVISION: Linton BLOCK NO.: 74 LOT NO.: 3,4 PLAT OR OTHER MAP: TOWNSHIP: 46 RANGE: 43 SECTION: 16 1/4: 1/4 - 1/4: IRREGULAR SEC? Y LAND GRANT: USGS 7.5 MAP: Delray Beach 1962 PR 1983 UTM: lONE: EAST INS : NORTHING: COORDINATES: LATITUDE: 26 N 28 LONGITUDE: 80 W 05 .~ISTORY ARCHITECT: Harold Steward of Paist & Steward BUILDER: The MackIe Company CONSTRUCTION DATE: 1938 RESTORATION DATE<S): MODIFICATION DATE<S): 1941, 1989 MOVE: DATE: ORIS. LOCATION: ORIGINAL USE<S): Residence - private - PRESENT USE(S): Residence- private DESCRIPTION STYLE: Other - MiniMal Traditional PLAN : EXTERIOR: h'regular PLAN: INTERIOR: NO. STORIES: 1 OUTBLDGS: 1 PORCHES: 2 DORMERS: STRUCTURAL SYSTEM(S): Wood Fra.e EXTERIOR FABRICCS): Horizontal wood siding FOUNDATION: TYPE: Blocks MATERIALS: Concrete INFILL: PORCHES: West\center\screened, E ROOF: TYPE: Gable SURFACING: Composition shingles SECONDARY STRUCS.: Gable over front door CHIMNEY: NO: MTLS: LOCNS: WINDOWS: 1\1 DHS EXTERIOR ORNAMENT: Attic vent, decorated west gable CONDITION: Good SURROUNDINGS: Residential NARRATIVE: A decorative "X" pattern is evident over the front screened porch. The house retains its original garage and - an original guest house that was built ca. 1938. 139 . , , ,- ...- .. - - , PAGE 1 HISTORICAL STRUCTURE FORM SITE 8PB06244 ORIGINAL X FLORIDA MASTER SITE FILE UPDATE RECORDER . B10 SITE NAME: Cora KlJlok HOI_Ise HISTORIC CONTEXTS: Depression\New Deal NATIONAL REGISTER CATEGORY: Building OTHER NAMES OR MSF NOS: R. C. Keen House COUNTY: Palm Beach County OWNERSHIP TYPE: Private-individual PROJECT NAME: Banket~s' Row Historic Site Survey DHR NO.: LOCATION: ADDRESS: 239 NE 1st Avenue CITY: Delray Beach VICINITY OF/ROUTE TO: On the East side of NE 1st Avenue SUBDIVISION: Linton BLOCK NO.: 74 LOT NO.: 2,3 PLAT OR OTHER MAP: TOWNSHIP: 46 RANGE: 43 SECTION: 16 1/4: 1/4 - 1/4: IRREGULAR SEC? y LAND GRANT: USGS 7.5 MAP: Delray Beach 1962 PR 1983 UTM: ZONE: EASTING : NORTHING: COORDINATES: LATITUDE: 26 N 28 LONGITUDE: 80 W 05 HISTORY ARCHITECT: Harold Steward of Paist & St ewat'd BUILDER: The MackIe Company CONSTRUCTION DATE: 1938 RESTORATION DATECS): MODIFICATION DATECS): 1950, 1973 MOVE: DATE: ORIG. LOCATION: ORIGINAL USECS): Residence - private - PRESENT USE CS) : Residence- private DESCRIPTION STYLE: Other - Minimal Traditional PLAN: EXTERIOR: Rectangular PLAN: INTERIOR: NO. STORIES: 1 OUTBLDGS: 1 PORCHES: 2 DORMERS: STRUCTURAL SYSTEMCS): Wood Frame EXTERIOR FABRIC(S): Horizontal & vertical wood siding, board & batten FOUNDATION: TYPE: Slab MATERIALS: Concrete INFILL: PORCHES: w\entry\wood posts, e\deck ROOF: TYPE: Gable SURFACING: Composition shingles SECONDARY STRUCS.: Front gable CHIMNEY: NO: MTLS: LOCNS: WINDOWS: 6 \6 DHS, AII.lmi num awn i ng EXTERIOR ORNAMENT: Attic vent, vet't ical board & batten at W. gable CONDITION: Good SURROUNDINGS: Residential NARRATIVE: The garage on the north side of the house has been enclosed to provide an extra room. An aluminu. awning window is at the for.er garage door opening. An original - guest cottage built ca. 1938 still exists. 142 'ge 2 FMSF HISTORICAL STRUCTURE FORM Site 8PB06244 ARCHAEOLOGICAL REMAINS AT THE SITE FMSF ARCHAEOLOGICAL FORM COMPLETED? No <IF Y, ATTACH) ARTIFACTS OR OTHER REMAINS. None observed RECORDER'S EVALUATION OF SITE AREAS OF SIGNIFICANCE: Architecture ELIGIBLE FOR NAT. REGISTER? No SIGNIF. AS PART OF DISTRICT? Yes SIGNIFICANT AT LOCAL LEVEL? Yes SUMMARY OF SIGNIFICANCE: This modest house is important as part of the Old School Square Historic District and an early Mackle Brothers home. ********DHR USE ONLY ******* DHR USE ONLY ******* DHR USE ONLY *********** DATE LISTED ON NR KEEPER DETERMINATION OF ELIG (DATE): YES NO SHPO EVALUATION OF ELIGIBILITY (DATE): YES NO LOCAL DETERMINATION OF ELIG. (DATE): YES NO OFF ICE **********DHR USE ONLY ******** DHR USE ONLY ******** DHR USE ONLY ******** RECORDER INFORMATION: NAME: Jane S. Day DATE: 4-17-91 AFFILIATION: Research Atlantica, Inc. PHOTOGRAPHS LOCATION OF NEGATIVES: Research Atlantica, Inc. NEGATIVE NUMBERS. Ro 11 .. 1, Photo 11 PHOTOGRAPH MAP I j N.E. :3 (1.0 51: t.u ~~'l '::> ~ .... J n - 4i <: N.~. aAJO 5J: I r , /.? '" ...CST ~A~'" 8CAC" ...1 1 "51' 4....... C ...0.,.... · .., It ~)E "90 ~1 5' '92 '93 WORTHI I'M . _ ~----:_.......- . .. T .' ~ .~,.":"'-,l' 14'.; ~ --- -" .-'-.-;'-i"--- .....,A ~ JI i I 1 _ I . BEACH I ~ I .', I \ I . /--_....... II / ( -. .-- . ~ \ \ \ \ .~ c= , ... '-.~ .- . . -. :Jr\,O'~.d'l I" , ~~_~_ _. _ .:~~~'-i. -- .. ._-'-'" " _.. - ) I" .~ \ !' , ... I ! I i ~ I . . , . I - - .-' '. \ ~. "- '" I.. --i _ _ _ t '0 ., . ..... .. Delrav .(j \":.::.::. .:<. '.:--. Sho~S . I' I ':':: .;....:::,:.:::.:...:::::.. ~ e-::-.:-:?-:-:--: .-:o:...~ sr - , -- I . ' -~ I L -, . /. . , ~ 'I . . u '. : .. .,.. I . .:= .. ' .I , -. ' " ~ ' 'p. , I ~. .'. - ' - i-----------=---, t "" c;, , ~- . ..... . -Ja ... I .' .' . ~ ~. . .! D... ~ :,,:' :~~_~_____. .~..._,-sr. ...':_.'--='1 .~-~- .,.. '~' ,~ + :.. .. 1..1 .. I ~' ..... ,. ,f !=i'="~=.~--J ,.._~..~~.~;;.-'i-~ z ,,^ ~ .. 1: ... .."dd.Q ... .... ~ ; ,...., ., _ _. .. ~ .- . ~'1. - -.~. - . . 0 ~..y I: .,--" .' . ~ '., 'it' KiPS< ,:! . ". " . ' : . _ I . . ., sw .'''' . . ". .-. - ,- r. \ \ II- , _ _ . .' c: . k" 't...OV l. _. ."'. . v '"' ; . ; _ . \ . ~-=-'~_ .,", r HouSE _ .' i' \ .. p-. R 08" . : .' ~?:ft )JE J3T AIJE :>e:ra'/ ::SE'~:"'. . I CelT. .. i 0".,-, ",0 I -_~ ---- _ 8P80"p.~r : _, - -- YiH, ~:;;;: ",,:: ~'....;." - .i '.' ~ ........-=:::. : :1 ,...!i ::~~T!,. '._ .;..":':t.",:~ ...'.. _. ,s~.th 50 · . J. I ~. -,.. ., . ----- -. ..". '.' ,.'. ...: -...' ...'.,...' ,'. . _ ___.'_ _ ____..,;.. 81'. ~...!,:': -!.::. ..:.:"~ L.,; ~.'" :.' . . . , . ; :1..---'"". ~JI':~ Rainbow I l .._________..:-" ' I . -~ ~, II. . ! :'..: ;1 :':: : ;.i ! elm, ~ :'~-~=,". Homes I .., ~,.. ' . .,' " . ,I'..'.. 11: , "......".... ".. \ ' ": . ,': ,', - '.... . ::::::::::::::,i' . :" ,,': ,': ,~_.L."_._,':", ::::::':'! j: n, ,:. ,..., :. :. ". " ! ' '.', ' . .. ., , ... 1 , .~.'" " ...','., I ' '..:.... ,..... . I PAGE 1 HISTORICAL STRUCTURE FORM SITE 8PB06245 ORIGINAL X FLORIDA MASTER SITE FILE UPDATE RECORDER" Bl1 SITE NAME: Joseph Weed House HISTORIC CONTEXTS: Depression\New Deal NATIONAL REGISTER CATEGORY: Building OTHER NAMES OR MSF NOS: Archet~ J. Adams House COUNTY: Palm Beach County OWNERSHIP TYPE: Private-individual PROJECT NAME: Bankers' Row Historic Site Survey DHR NO.: LOCATION: ADDRESS: 247 NE 1st Avenue CITY: Delray Beach VICINITY OF/ROUTE TO: On the Southeast corner of NE 3rd Street and Ne 1st Avenue SUBDIVISION: Linton BLOCK NO.: 74 LOT NO.: 1 PLAT OR OTHER MAP: TOWNSHIP: 46 RANGE: 43 SECTION: 16 1/4: 1/4 - 1/4: IRREGULAR SEC? y LAND GRANT: USGS 7.5 MAP: De 1 t~ay Beach 1962 PR 1983 UTM: lONE: EASTING . NORTHING: . COORDINATES: LATITUDE: 26 N 28 LONGITUDE: 80 W 05 '-IISTORY ARCHITECT: Harold Steward of Paist & St ewat~d BUILDER: The Mackle Company CONSTRUCTION DATE: 1938 RESTORATION DATE(S): MODIFICATION DATE(S): 1945, 1965, 1973 MOVE: DATE: ORIG. LOCATION: ORIGINAL USE(S): Residence - private - PRESENT USE(S): Residence- private DESCRIPTION STYLE: Other - MiniMal Traditional PLAN: EXTERIOR: Rectangular PLAN: INTERIOR: NO. STORIES: 1 OUTBLDGS: 1 PORCHES: DORMERS: STRUCTURAL SYSTEM(S): Wood Fra.e EXTERIOR FABRIC(S): AlUMinum siding, fake stone facing FOUNDATION: TYPE: Slab MATERIALS: Concrete INFILL: PORCHES: Enclosed ROOF: TYPE: Gable SURFACING: Composition shingles SECONDARY STRUCS.: Gable over entry CHIMNEY: NO: MTLS: LOCNS: WINDOWS: Aluminum awning, jalousie EXTERIOR ORNAMENT: Attic vent, stone facing CONDITION: Fair SURROUNDINGS: Residential NARRATIVE: There is a flat roof over an enclosed garage. Extended bay is 1 ocat ed at for.er garage door location. Historic features have been re.oved or covered. 145 ,'. I Page 2 FMSF HISTORICAL STRUCTURE FORM Site 8PB0&245 ARCHAEOLOGICAL REMAINS AT THE SITE FMSF ARCHAEOLOGICAL FORM COMPLETED? No (IF V, ATTACH) ARTIFACTS OR OTHER REMAINS: None abserv~d RECORDER'S EVALUATION OF SITE AREAS OF SIGNIFICANCE: Ar~ctHtecture ELIGIBLE FOR NAT. REGISTER? No SIGNIF. AS PART OF DISTRICT? Yes SIGNIFICANT AT LOCAL LEVEL? yes SUMMARY OF SIGNIFICANCE: Or~ i 9 1 na 11 y bu i 1 t at i:( cost of $3000.00 thlS house lS impor~tant as par't of an early Machle Brothers r~al est at e 'I e n t '-I t'. e 1 n F lOr' 1 d c':\ . ********DHR USE ONLY ******* DHR USE ONLY ******* DHR USE ONLY *********** DATE LISTED ON NR KEEPER DETERMINATION OF ELIG (DATE): YES NO SHPO EVALUATION OF ELIGIBILITY (DATE): YES NO LOCAL DETERMINATION OF ELIG. (DATE): YES NO OFFICE **********DHR USE ONLY ******** DHR USE ONLY ******** DHR USE ONLY ******** RECORDER INFORMATION: NAME: Jane S. Day DATE: 4-17-91 AFFILIATION: Research Atlantica, Inc. PHOTOGRAPHS LOCATION OF NEGATIVES: Resear~ch At lant ica, Inc. NEGATIVE NUMBERS: Roll # 1, Phot 0 12 PHOTOGRAPH MAP ~ j N.g, 31t.J) 5 r: ~ J ..1'17J ~ I- ;J ~ - lU ~ N. e. ~aJO 57': , f f 1M; wcsr ~AU" .cAe... 91141[ "JO '91 S' '92 ..:1111$1: 4.AI<c...0..,......, ~ 1>:- 'i < t .------,=-'T. . (L.AKe WORTHI Itf . .,. '. :_:. ~ T 4 0 ~ . 4 . - ---..- - ---.---.--".-' T~... 0 I ; ., .\"[; o i " .' \ J I, . . . " . N : /., =!-:L -~~ : r.=' c; , I n.. ~ _, .J._ I ~ - -.. I ' ' 0" , . . / t _ w.. r oJ.' . I '. . / ~"" ~ Etf' -.-.-- . I' - . '.. . I -, Sch ~., .-'-.:t---." . ....' = i . ! . ~ 't l._____.___._______.._ /.. ...: I I " . r . =- I =----=- r I '"1'+ . - . I i ----......, . I .'r . . i ,-'----, ji ~ -I ..' . · I ."SIt~ . ,.' \ '\ IHi~.Se"", ~ ., . ~. ""<,,, =1. .....,.S-.~ : ", :',:! ._ . ~, , ., ~:. I \ \.. .- I . :" :' ' " \. _.:.:.. ,i ..: ..'::.: : " I . '.~ c:=. ,." ~.-._._.l/. ". I .."". \........ -:=.. \- '.:l~;"-lII v~ ...: .-:. ." / J - 'r.....~~~.,.',. 'I' .... I. -, ~ \.] .!I. =.~l ~~_ ..,J i : . .. .' " I . ~o ~____ ~ it: 3~'=fl"",,,FJI' umo~ U.- ?hr'~e ,,, I. "~ ...... e41.' I =--- ..--.-.-,,---.-. ---~_.,- ;.&~~ - .. ...~- 4 -:.. "~-- ~"------; ", WI A......EIV ,.,.,c. " . _ _ _ _ ) I I, ~ :~.; .. : ;. . . _. ,-; .;~~~'_-_N:;-j=L~:;-::,,~ ... ji: ~=-- \ I' ... .~.'" 'I ~~ .,(- ..J6r!<. l\!r' . "- -~~. "c' ... ,. '. --~,- _.~ 1- _. I ' '; .JL _ .' i Wi ~. ,--- I :::1_.. -=-0, ~..." I - "-.J ! ' -t' :1 ~ 1 '::: ._~, ,.'. , ,,-~,. L .?1f' '"f " , / . -" ==;r --===-=-"', _n~_ ;J ,. J~y-"'=:ir.~--:<-:::: ',;"c 'LL1T~,~l -----:-- .. . I ~~-~~l-~--~J.: ~ . j' ~;' ...- - .~, " ~ -----"~' ... ___ ~ - .. I I -- '- - . ~'-~~=il ---.dt. 10 -- ; I ' J-:' !J.=-__, ' i I~ . \ -- ',' : Q. , " ," I\. ' -I . ~Y.thr __ .,.t:. __._. _ "..:-.--=- NW .TW ~ ___~, :l f. C 0 _-____:"\ ...;=,.- __.==; c I ,/;; ,..:.o~-=-=::..,~ _-"',9:, 1 J :'_:'! __L. N{,;-" L:.u~ ...- _ _ '_ t. ~ I L~=~._ l ' : ":f ~. -; _ 19 , .. .... .. ' 0 ,c=*='FFiUt---= / ~ .:::,... "';'" Delray'(.) ! ~-~~....;:::,'- ,-,I_t..""", J... I.......:... ':', Sh V. 1---== 1 tl',r~ . J.....",r , I ';' ': :":':.:,::::.-':::< ores . · .t;--~~= .:~..J/ " ~ .fl~ :." ..... ". '.' J ~. ~>=", =J i / '" ..-::-.:~..:-: .-:':...:- .il"'~-~ ",-.- . -) I :i-.:....---.-_-.--..--~.,-.!~..'!..~--"'-<01... .S, -"--,l .,:...~.... ." I; ~=.~- .' r.i I" I 'I ,I I L.__ SpallJ" ,~. '~ 1 . I,' it: ~:.~ L~' ~ s.,1t__~_~!: : I I :Q. ,f ~ I. . ~ . ._"_.,~~--- / ~ j :: - ' W.tt,wO,k.C I r;;~ I C : ': II ' ! . . ,., '0. .:_ '.~ ,0_ _ .~ ~ II.!. ' ~" : .. I ... ' -=~~. ==;~~.- I "./ 6 : . ~~~~!_BE!-~iir f~~ ~, ~Li~ ." - . . 3 I ,. -t-~ rt m ~,; , - I ,l l~' I; 'I .,,________.__-, . .. .. I. i. ! 1 ," I .. I .... 'I.. ~.. ~ .. :3~I~ ... .-=' -~- of. :~, ,... <Cl' ~ ~. . ,: :>". " ~' I '" , ... Ill: .F=-.:O_":';=h"'~,.~'S'~. s.!.==~~..' b .. I.:... ..~ :;~::r: I ': ~ I.; - .;.' :-. . - If '~ ~~~=~=-~ .:' ~,;..=;.-_~L ~~ "f =~=-V I ~aoj,o . U') '" l' ......: t ~ 'T I' ... : - O. :..~.ers.... _ --'- _...,.... '.:;a::. ee.: ""::-~.._ . ---2.___SE:--IO , . . e'e.."~.. 1 I" ,- --, ..., -. '-"1,- -':' .--,. .".-, . It' I 11.., i : . jJ.! 't \I), I I . . ...I .. .' of \.I . I .. SW .r~ S1 .... ..... . . _ _ . . _ .~ __ 1.. ~ _ .. i~ \-. - . :.. := ii~;n ~ WEEO . \ 1:... . . . ;., :.. .' -'-:-_ . ~ . 'WT ~ .. HausE' 'i ~ . '=' 'l? ~ray 3';'-"'\ ~ o. ".J~' :::. : .;...'1"'- _l~s<:~~ oC'f IJIi ISI"AVE' . Ccunl., ::I~O I. ~ \.'''''' '~"-'- l,'tl@.lu 8 paOb 'JI/r:::. I . ' B.II F oeld U ,. ''''; I I ..... . ! 1 !! ~ :::: :: ::.._.:: - ; -; - . k ~,-. "I :,,: -.. ~~,. . .,." ",' _. ___J. ....--,1.;._' ....~ _.:-..l--:-' .;...__ .::;...J."'" :....:. ...sy.: .. ... _ _ __'. _ _ _" _ . -" '8 I' .. , ':' .. " ': ' Ra' bo rr' -- il,:" · : , In W I ...--------,-..::. ' " . '. - Homes ": _, ,: ?.:' ,~:; i'i I :::::::::::::: ...~ 8 : : . -::.. .. . ! . I ::::::::':,.:: !: . .' ' ~ :1'::".:.!..== :!I , '~ ' i,::.,:::' I ' :~:'." . ','.. . . '.':::'" '. 141 Ge,' ~ 'II , PAGE 1 HISTORICAL STRUCTURE FORM SITE 8PB6246 ORIGINAL FLORIDA MASTER SITE FILE UPDATE )( RECORDER . B12 SITE NAME: Frank McKinney HOllse\ Villa Abl"~igo HISTORIC CONTEXTS: Boo. Times NATIONAL REGISTER CATEGORY: Building OTHER NAMES OR MSF NOS: Matt Gracey House COUNTY: Palm Beach County OWNERSHIP TYPE: Pt~ivate-individual PROJECT NAME: Bankers' Row Historic Site Survey DHR NO. : LOCATION: ADDRESS: 248 N E 1st Avenue CITY: Delray Beach VICINITY OF/ROUTE TO: On the West side of N E 1st Avenue SUBDIVISION: Linton BLOCK NO.: 66 LOT NO.: 9,10 PLAT OR OTHER MAP: TOWNSHIP: 4& RANGE: 43 SECTION: 1& 1/4: 1/4 - 1/4: IRREGULAR SEC? y LAND GRANT: USGS 7.5 MAP: Delray Beach 19&2 PR 1983 UTM: ZONE: EASTING : NORTHING: COORDINATES: LATITUDE: 2& N 28 LONGITUDE: 80 W 05 HISTORY ARCHITECT: Sam Ogt'en, Sr. BUILDER: Unknown CONSTRUCTION DATE: 192& RESTORATION DATE(S): MODIFICATION DATE(S): MOVE: DATE: ORIG. LOCATION: ORIGINAL USE(S): Residence - private PRESENT USE (S) : Residence- private - DESCRIPTION STYLE: Mediterranean Revival PLAN: EXTERIOR: Irregular PLAN: INTERIOR: NO. STORIES: 2 OUTBLDGS: 1 PORCHES: 2 DORMERS: STRUCTURAL SYSTEM<S): Hollow Clay Tile EXTERIOR FABRIC<S): Stucco FOUNDATION: TYPE: Masonry wall MATERIALS: Masonry\Concrete INFILL: PORCHES: E\courtyard, W\patio ROOF: TYPE: Gable SURFACING: Clay Barrel Tile SECONDARY STRUCS.: Hip, flat with parapets CHIMNEY: NO: 2 MTLS: Stllcco,tile LOCNS: N end , W ridge WINDOWS: DHS, casement, fixed EXTERIOR ORNAMENT: Stucco, cast decot~at ive element s, i ron gt~ i 11 wOl"~k CONDITION: Good SURROUNDINGS: Residential NARRATIVE: The second story master bedroom is a later addition. The original pecky cypress windows and door remain. A large cllrved fixed window dominates the front facade. East elevation construction drawing available. 148 I P.g. 2 FMSF HISTORICAL STRUCTURE FORM Sit. 8PB6246 ~OLOGICAL REMAINS AT THE SITE FMSF ARCHAEOLOGICAL FORM COMPLETED? No <IF Y, ATTACH) ARTIFACTS OR OTHER REMAINS: None observed RECORDER'S EVALUATION OF SITE AREAS OF SIGNIFICANCE: Architecture ELIGIBLE FOR NAT. REGISTER? No SIGNIF. AS PART OF DISTRICT? Yes SIGNIFICANT AT LOCAL LEVEL? Yes SUMMARY OF SIGNIFICANCE: I.portant because of its design by architect Sam Ogren, this b...lilding could contribute to a National Register District. ********DHR USE ONLY ******* DHR USE ONLY ******* DHR USE ONLY *********** DATE LISTED ON NR KEEPER DETERMINATION OF ELIG (DATE): YES NO SHPO EVALUATION OF ELIGIBILITY (DATE) : YES NO LOCAL DETERMINATION OF ELlS. (DATE): YES NO OFFICE **********DHR USE ONLY ******** DHR USE ONLY ******** DHR USE ONLY ******** RECORDER INFORMATION: NAME: Jane S. Day DATE: 4-17-91 AFFILIATION: Research Atlantica, Inc. PHOTOGRAPHS LOCATION OF NEGATIVES: Research Atlantica, Inc. NEGATIVE NUMBERS: Roll" 1, Photo 13 PHOTOGRAPH MAP I !J.E": 3RD sr, cml (ti N '::> ~ I- .., - . l4J <- /J.e. ~"JO CST". I I . 149 ,'. R .1 E --rr I ~ . - . ....,.' '91 ' ._..,-.' '. P'" ,-' ,.,.,.,_,_ :"; .~. _ .~:T ,." wm" " , . .~ .m.... . ...., .- ."'- I ' '<A" WORTH' Wo... U' .. - I I I I ~BEACH I . -' . ." ' .." ' " ' . . ~ \ , \ \ ----. .~. \......:~ ,-" - ~. . . , ~ ..- ., - 1 ~~,. " '\ \ 'g \ I ," -~ c:t 1 - ~ ". , . I - - - '> \ f~> r- . I. .... .~ .-:':". _ r ."" :.. .' .' .' ; ,<r ,:.::.::. .:." Delrav ,/] ~ " 0 0 '. ". ';'. Sh . / " .... .,.. .... ores 'j :. ,:/ >::(2:.... . . -I . I ' i -.. .-.. i ~.,-.;-:: ."~-~ , .. I ,. . .1 . r---'-'-J~--! ,t ' I .,' . . I .. ' . I :., ''1:'.... ....: . . ,.' . . '" '0 e. '". I:> ' .\ I . , " .. '" 'c" . ,'"'' .' - . ,_ \. '.'1:.' ~~-.~"....=-o~od.!~' ~.. Sf'tIt ;:>ark! 1~, -=; . _ .0 ., .~' .. .. _" II ' Gl )'::: : Jt. .1. 1 i' ~:I-' .~=: I -- -- ~ '.~ -'- .,"" ' " .. , . ,,',' ,_ II w " --- ," ' ,.' ",' ~ , ,.," ,," " ' ',lowers. _ \ .VI ..I~. ;.....==~ 'ex;' ;. "0 ' ." -''-.: -, ra ,~-.=~~=h= . __ . . _, - ,. . ' . I . ", ." " .,~. '~~_._ . r'-' ~'.! ~_ ,j ,'e .! I ,. I _ . I .'.- d .. .....4~ j--~-" .JO.J T, . . ", _ .: _~ ' · , ,,;,' "'. I ' I . .,- ~-r ,: \ i \~ :-.-- '- '- .. 0" , i""" ;., ."'" " ' I,; _ ","'-;'''--.Z ,- r-'...- ' , ", ,,--,-~ .-c' I 0",'" ,.,'"! . ,,' . .-,? ' : .NIcK,. "'1,'4>., I Co.",,, c,., , . _. ,,,'~ . :. . l. V ItcA ri3<1C'" I ' . . c..:: . . ."...... .. N< ,.. ^ . : I t ..--::-.. ~PB"214 Il<:, ._o_._~ ~'.~, :: l' :::: ._" " 0 . . ' , _ _. ......, .~ dO _ - - -'. .' ~. , .. -... ....;:-: - - _co _.,.. ., I' ' ' '. . , ' . .' ' ,..... .' ,.: .. _ Ra..bow I .....------.---' i:: . : Homes :' : 1''' ,;':.. 1:::::::::::::..."8 .~:..:.::, ,:. ,:'j , ..,....,....-' ,: ' '.' ' . ,:".:~::-:..:\.~i ,,' .:, ~ ilL:;';" '/' I:' ,<' ~ ,~,:' I :. ,...,... . . ........ iSO" ... PAGE 1 HISTORICAL STRUCTURE FORM SITE 8PB6247 ORIGINAL FLORIDA MASTER SITE FILE UPDATE x RECORDER. B 13 SITE NAME: Bet't Wasserman House HISTORIC CONTEXTS: Boo. Times NATIONAL REGISTER CATEGORY: Building OTHER NAMES OR MSF NOS: A.G. Evans House COUNTY: Palm Beach County OWNERSHIP TYPE: Pt'i vat e-i nd i v idua 1 PROJECT NAME: Ban k et's' Row Historic Site Survey DHR NO. : LOCATION: ADDRESS: 238 NE 1st Avenue CITY: Delray Beach VICINITY OF/ROUTE TO: On the West side of NE 1st Street SUBDIVISION: Linton BLOCK NO.: 66 LOT NO.: 11, 10 PLAT OR OTHER MAP: TOWNSHIP: 46 RANGE: 43 SECTION: 16 1/4: 1/4 - 1/4: IRREGULAR SEC? y LAND GRANT: USGS 7.5 MAP: De It'ay Beach 1962 PR 1983 UTM: lONE: EASTING : NORTHING: COORDINATES: LATITUDE: 26 N 28 LONGITUDE: 80 W 05 '-lISTORY ARCHITECT: Sail Ogt"'en, Sr. BUILDER: Unknown CONSTRUCTION DATE: 1926 RESTORATION DATE(S): MODIFICATION DATE(S): MOVE: DATE: ORIG. LOCATION: ORIGINAL USE(S): Residence - private - PRESENT USE(S): Residence- private DESCRIPTION STYLE: Mediterranean Revival PLAN : EXTERIOR: Irregular PLAN: INTERIOR: NO. STORIES: 2 OUTBLDGS: 1 PORCHES: 3 DORMERS: 2 STRUCTURAL SYSTEM(S): Hollow clay Tile EXTERIOR FABRIC(S): Stucco FOUNDATION: TYPE: Masonry wall MATERIALS: Masonry\Concrete INFILL: PORCHES: E\ entry porch enclosed ROOF: TYPE: Hip SURFACING: Green tile\comp shgl SECONDARY STRUCS.: Dorllers have gable, shed roof in rear CHIMNEY: NO: 1 MTLS: St ,-,ceo LOCNS: South WINDOWS: Casement, DHS 3 \ 1 , 6\ 1, jalousie, bay window with fixed EXTERIOR ORNAMENT: Stucco CONDITION: Good SURROUNDINGS: Residential NARRATIVE: The main house has over 3000 square feet while the outbuilding is now divided into apartments. There is also a poo I in the back. An early photograph is available. 151 ~ ;~ f PAge 2 FMSF HISTORICAL STRUCTURE FORM Site 8PB6247 ARCHAEOLOGICAL REMAINS AT THE SITE FMSF ARCHAEOLOGICAL FORM COMPLETED? No <IF V, ATTACH) ARTIFACTS OR OTHER REMAINS: None observed RECORDER'S EVALUATION OF SITE AREAS OF SIGNIFICANCE: Architecture ELIGIBLE FOR NAT. REGISTER? No SIGNIF. AS PART OF DISTRICT? Yes SIGNIFICANT AT LOCAL LEVEL? Yes SUMMARY OF SIGNIFICANCE: This 1925 house is significant because of its association with architect Sam Ogren and early Delray Beach banker A.G. Evans. ********DHR USE ONLY ******* DHR USE ONLY ******* DHR USE ONLY *********** DATE LISTED ON NR KEEPER DETERMINATION OF ELlS (DATE): YES NO SHPO EVALUATION OF ELIGIBILITV (DATE): YES NO LOCAL DETERMINATION OF ELIG. (DATE): YES NO OFFICE - **********DHR USE ONLY ******** DHR USE ONLY ******** DHR USE ONLY ******** RECORDER INFORMATION: NAME: JaneS. Day DATE: 4-17-91 AFFILIATION: Research Atlantica, Inc. PHOTOGRAPHS LOCATION OF NEGATIVES: Research Atlantica, Inc. NEGATIVE NUMBERS. Roll .. 1, Photo 14 PHOTOGRAPH MAP I [ N.E, 3 ~o SI. l~3!J Ui ~ ~ ;J I- ~ - OJ ~ JJ. t=, ;1.NO $ r. 152 I I weST PAt." aCAC:'" 4."AKC w,....~""" 9 W' I ...17" SL ~ IlAKe WORTH} . ~I 5' '90 , . , -- A .3 E . ! 4:' :; , .- - -:(1 ~~~ .- ." - ----:.~.ii .._...-.~ ... Jo ') I 'C;\ . . \ - I . , I .J .-. I I .. I I , . I r l'f . I II 1---...... .,~: E ': . , : '.' i .- - . . --~ . , I " '. , ( ;.., ,:.:. ! C'unl1l Cry -! -. - ';- -' \ - I !. , .~ , ': . ... '-~ -- ~ ., - I ... .' . . - + , ,'0 - --''''t-=:-::-:__-_.. '. , r '; 4 _ 1 - . . . . I ." .' '* \ 1::1 I "-J J v . I ~ I 7 7 , , - -r . . - I ; ..,~ -:. I \ ... '" l' ''f - .8 ~- r-:,: ":"'" :r-:,. ., Delray . i 1 I';'::'::, .;.:: ::'" Shores : ~ '.::! <:::~?:2::::- '! - .'1:';. ." . , /" ~ i : ~ J ~ \.J .. . .. , .. .. -.- -: J , " ./ . ;1 ~ - - -- ~;='::-:. · . 18 I , , ~ ,. , ' - -..-,~ '" , '. p... "'I 1.-----. I ';.; I ~, I .,\ 1$'. .~ =_:_ .~ . .... .'- -- ~..~~~\~r===~ "'1.' 1 ! :'~, ~--r-~-, 1 ': ~1 ., i; ., . I '" .' . lj 1 ~ vi ' '~~~i_19.= . ,....." --= ' , ' . I .'~:...;.,==!- ,.- ,:- r ~ l: . I I ~ ._" l . 1 <)' '.. -- ,I I 'j :., ' ';". i_"--!bl .~'-. ... :'.; "~r= ~~,-" r ' - " ~-- ......"' I I I ! ."" 1-1\;~ q "--.-' .'. ". I. . " '. rv . ... . 'T .'_ I .,..., -0 _. 'I . . .- ""_ --'>-r . ;i '," -, . -- ~ .~. i:'~--;~' i- _' 7 i , .,~ ~ . - - ,~ c. ,_~ . i .. r" - -. ~j: . \ _ . : .. _ " . .\ ~ " ; W.I\S5EU"j; Hcx.'St ' . , [, ' ..t>.. . . , . , " . Ji :. - - 5. ; S€; ~:_ T __ L? 'S Nt:: , S:t '" ~'e. i' . ", :.,......, ~~. Ci,"..~ :~ I'~ 'I P,oe '<'dS. :',~....=- . B.1l Field '= ~P{3~2"7 . , ", Cem ' ~: __ ~.~. -':. _ .. I , I I , 'r,- -I' ..~. T _ 8e.-- , .~. . i = . O.lrJY , _ _'" , I e r CluD I . ~., _ ~ : ' eo" t y ....'.: ..., .. _ .._-. .... 1 - -.... .... ,_., ... . ...' . h . ' I II : ,.., -"-,,, , . .' . , C)e"., J ! , 1m -'-:,;,:.," _.' .:~, ~':'~ ~, . I I'..,: lOT.... ~- .....-a:;.' .., ..,', ."" 'L. _1 P ~ , .",' Jd -;" ,.~. -...., t /? '. :.... r; :: : f/ · ;:;::~ . .. --- .. ~,- I · r .. , ' .. / ".' - . . . . -...- -- ~- -:.-------.-r-:::.. :': i , . i',.,......., . -- Rainbow I ' '.., .:'.o, , I . _.. ,I a. ! f,-:..:_ .--_: -;.~-~.~_.~.':'JI _ Homes : : ':l . .'" :" _ _. - ..,........... "Ja _ .. _.: ""', '-:::::::::;" i: = .. ,: . 1 ,. ~::~.r:'!',:~ :!I , i -.:' . . . I - - .~ JL:; ;.' " I I' " :.. :':'::': .. . _':~ . ,'. , PAGE 1 HISTORICAL STRUCTURE FORM SITE 8PB6248 ORIGINAL FLORIDA MASTER SITE FILE UPDATE x RECORDER. B14 SITE NAME: Wasserman Rental House HISTORIC CONTEXTS: Boom Times - NATIONAL REGISTER CATEGORY: Building OTHER NAMES OR MSF NOS: L.H. Walket~ HOllse COUNTY: Palm Beach County OWNERSHIP TYPE: Private-individual PROJECT NAME: Bankers' Row Historic Site Survey DHR NO. : LOCATION: ADDRESS: 234 NE 1st Avenue CITY: Delray Beach VICINITY OF/ROUTE TO: On the West side of NE 1st Avenue SUBDIVISION: Linton BLOCK NO.: &6 LOT NO.: 12, 13 PLAT OR OTHER MAP: TOWNSHIP: 4& RANGE: 43 SECTION: 1E- 1/4: 1/4 - 1/4: IRREGULAR SEC? Y LAND GRANT: USGS 7.5 MAP: Delray Beach 1962 PR 1983 UTM: lONE: EASTING : NORTHING: COORDINATES: LATITUDE: 26 N 28 LONGITUDE: 80 W 05 HISTORY ARCHITECT: Unknown BUILDER: Unknown CONSTRUCTION DATE: 1925 RESTORATION DATE(S): MODIFICATION DATE(S): MOVE: DATE: ORIS. LOCATION: ORIGINAL USE(S): Residence - private - PRESENT USE(S): Residence- private DESCRIPTION STYLE: Mediterranean Revival PLAN: EXTERIOR: Irregular PLAN: INTERIOR: NO. STORIES: 2 OUTBLDGS: 1 PORCHES: 1 DORMERS: STRUCTURAL SYSTEM(S): Hollow Clay Tile EXTERIOR FABRIC(S): Stucco FOUNDATION: TYPE: Masonry Wall MATERIALS: Masonry\Concrete INFILL: PORCHES: E\entry 3 frt arches\1 side ROOF: TYPE: Flat SURFACING: Tar & gravel SECONDARY STRUCS.: Flat CHIMNEY: NO: MTLS: LOCNS: WINDOWS: Al um i num awn i ng, DHS 6 \ 1 , jalousie, Casement EXTERIOR ORNAMENT: Textured Stucco CONDITION: Fair SURROUNDINGS: Residential NARRATIVE: The parapet on the central roof, and north and south wings give this building so.e Mission style details while retaining an overall Mediterranean Revival fee 1. A second floor was added over a one-story east entry porch. 154 p.;ag. 2 FMSF HISTORICAL STRUCTURE FORM Sit. 8PB6248 h(iCHAEOLOG ICAL REMAINS AT THE SITE FMSF ARCHAEOLOGICAL FORM COMPLETED? No <IF V, ATTACH) ARTIFACTS OR OTHER REMAINS: None observed RECORDER'S EVALUATION OF SITE AREAS OF SIGNIFICANCE: Architecture ELIGIBLE FOR NAT. REGISTER? No SIGNIF. AS PART OF DISTRICT? Yes SIGNIFICANT AT LOCAL LEVEL? Yes SUMMARY OF SIGNIFICANCE: This house is i.portant for its Boom Ti.e style of construction and its association with early Delray Beach leader', L. H. Walker. ********DHR USE ONLY ******* DHR USE ONLY ******* DHR USE ONLY *********** DATE LISTED ON NR KEEPER DETERMINATION OF ELIG (DATE): YES NO SHPO EVALUATION OF ELIGIBILITY (DATE): YES NO LOCAL DETERMINATION OF ELIG. (DATE): YES NO OFFICE **********DHR USE ONLY ******** DHR USE ONLY ******** DHR USE ONLY ******** RECORDER INFORMATION: NAME: Jane S. Day DATE: 4-17-91 AFFILIATION: Research Atlantica, Inc. PHOTOGRAPHS LOCATION OF NEGATIVES: Research Atlantica, Inc. NEGATIVE NUMBERS: Roll . 1, Photo 15 PHOTOGRAPH MAP j L N.E:. 3(<0 ST: LJj lrnJ -:> N ~ h (I) - UJ ~ N,E. ~JJD ST: 155 I I '" . R 4) E WJO ---(l '91 . ~ .. """-. i I 5 '92 wcsr PAL'" B · _ '. __.. T ~< S \ .917 II sr .. ....C 0 c e... _,.,.'."_"'.'.'- "' . _" ." "A .. IN "rH. "', " "" '," _' _. KC WO"'", ... I ~ I . .\ I I I I I r l______ -----.- . . "/ I, , -- ('. : ~~,,,I;, \ \- .... . ' " ,,-,-- . . . ; ~ .~ == . .. __ '-__ _ .- .... i ,n - ~ ~~ 4 ' ---- . . _. - 1 ==- -- \1 ~ I ' I ' I' I -- - - .- \ .' -..,. ' .... ~.- _ _ _ l- -'" ..:' .~.. .. ,J I........ . .:". Delra\- .u ... .._ 00. .. ~ . . ,:. .:......:--. Shores i ; - I: ::' ..; "':::'::::':":::." . :....~: ~..:~ .~..:~ ' I I ' i i ,. , .. .. -.. ..... .".. .-." . : .. I ' ..-- .1 . p, .:;; I . r---- .V I ---.~~-7 .iI" I, .- ~, ,. '. ~~ ~ .. I " . .:to,..,," ,. : 9all I '.... . ,I .0 -. let: -r--f'-=== .~;:-.:- .t~ IS"; S,-I Pa~'" , ~ I ._ I' -:<l: ~ - ----.-~=~ ~ '--c". 1 _. '0 . ~ ~ ,...... lJ~==- n " " .' = . III ); ';.\ ':;, ~ -, .. : ~ :' .: -; , ._ ,. ~ ~~_~l" ,. . I ' ., , ILl ,~ , - - -.. ~. . ~.=c L- t' x;, '. . RadIO . U).I..'~" . . ~ ~ I-.~--- ,..~... .' I : :,' .' - - '.:, ',' ,,-., 'I _'~ · "",,' ---i- _~ .., '. ',_.1 j. ." . I RiP~IB':'! I -'. --., ..=or - -,--=~ r' . . : .77'- , , ., .. . ,: . , . ,.J'.. . I . r I ,. \~ ;,... - , ..... -"" " ,. _, I. ..... " I _. . " 1 ~~'=' . ,. , - I ' . I ' , "".... "".!. ,.' . . . (Aunt' ("I I ?,. ;<_o~. .::. , . . .. ,,, .,. .. , I . . '. . (,j~S;C<.... ' , I ' .:::' ".- .--J Z" Pe~T~L "ooS," ,." . !,,!.... ..... .. .'. "_,.~ ~ AlE,,.. Ace: ,~--' ':1 \ :..:' ..,......... . -- oPB" . .__.._J " :: . ,!!' - -.. -... .. ,,,,'" " ' ." ...' .." c:;.... .'~ . __"_-:H ~~.~~ $W,... ,or,. , . "'s...' C)eray ,~g _ _ ....-.v-..-..--=- ..~ I' - - - r--- -.-.- .:,.' "".. · S '. _ __--,~ /8 t' i" ..., ,.., --.'-'.:'io.r.. --:-~ ".111" _ .... :.: .: DI"': ..,., ,:,' " ., . Ral" ,.' .... .." . Mow I ..-------... ,.. . . ......, · , ~ 8..... Ci:1 i ,': :', ' '" ,,,"".' ~~'- I .......,........ ~ " ',. " :.: : . ! B'" 19. ,.~~ .. - - . - !r~~;~f ..' ,.}/: >,..;y.:~~.;)!,..' ' " , · .., : :, :" " . , ...... : ,_." I . :','"...' . ~f. '. ., . .. ,.. ' 1 , c:e:: . I PAGE 1 HISTORICAL STRUCTURE FORM SITE 8PB6249 ORIGINAL FLORIDA MASTER SITE FILE UPDATE x RECORDER . B15 SITE NAME: Bill Murray House HISTORIC CONTEXTS: Boo. Times NATIONAL REGISTER CATEGORY: Building OTHER NAMES OR MSF NOS: J. C. Keen House COUNTY: Palm Beach County OWNERSHIP TYPE: Private-individual PROJECT NAME: Bankers' Row Historic Site Survey DHR NO. : LOCATION: ADDRESS: 226 N E 1st Avenue CITY: Delray Beach VICINITY OF/ROUTE TO: On the West side of NE 1st Avenue in the lIiddle of the block SUBDIVISION: Linton BLOCK NO.: 66 LOT NO.: 13, 14, PLAT OR OTHER MAP: TOWNSHIP: 46 RANGE: 43 SECTION: 16 t/4: 1/4 - t/It: IRREGULAR SEC? y LAND GRANT: USGS 7.5 MAP: Delray Beach 1962 PR 1983 UTM: ZONE: EASTING : NORTHING: COORDINATES: LATITUDE: 26 N 28 LONGITUDE: 80 W 05 '-USTORY ARCHITECT: Unknown BUILDER: Unknown CONSTRUCTION DATE: 1925 RESTORATION DATE<S): MODIFICATION DATE(S): MOVE: DATE: ORIG. LOCATION: ORIGINAL USE(S): Residence - private - PRESENT USE (S) : Residence- private DESCRIPTION STYLE: Mediterranean Revival PLAN: EXTERIOR: Irregular PLAN: INTERIOR: NO. STORIES: 2 OUTBLDGS: 1 PORCHES: 1 DORMERS: STRUCTURAL SYSTEM<S): Hollow Clay Tile EXTERIOR FABRIC<S): Stucco FOUNDATION: TYPE: Masonry Wall MATERIALS: Masonry\Concrete INFILL: PORCHES: E\entt~y\2 steps ROOF: TYPE: Flat SURFACING: Tar & gravel SECONDARY STRUCS.: Shed CHIMNEY: NO: 1 MTLS: Stucco LOCNS: North WINDOWS: Casement , DHS 6 \ 1 , DHS 1 \ 1 , jalousie, fixed EXTERIOR ORNAMENT: Scuppers\balcony\textured stucco\barrel tile vents CONDITION: Good SURROUNDINGS: Residential NARRATIVE: This Mediterranean style house features visor roofs with bat~rel tile, scuppers, 1I00rish arches over the door and fi t~st f I oar wi ndows, and an arched wing wall. 157 ~ -II , PAg. 2 FMSF HISTORICAL STRUCTURE FORM Si t. 8PB6249 ARCHAEOLOGICAL REMAINS AT THE SITE FMSF ARCHAEOLOGICAL FORM COMPLETED? No (IF Y, ATTACH) ._" ARTIFACTS OR OTHER REMAINS. None obset"ved RECORDER'S EVALUATION OF SITE AREAS OF SIGNIFICANCE. Architecture ELIGIBLE FOR NAT. REGISTER? No SIGNIF. AS PART OF DISTRICT? Yes SIGNIFICANT AT LOCAL LEVEL? Yes ~~RY OF SIGNIFICANCE. This 1926 residence is important because of its association with early Delray Beach leader J.e. Keen. ********DHR USE ONLY ******* DHR USE ONLY ******* DHR USE ONLY *********** DATE LISTED ON NR KEEPER DETERMINATION OF ELIG (DATE): YES NO SHPO EVALUATION OF ELIGIBILITY (DATE): YES NO LOCAL DETERMINATION OF ELIG. (DATE): YES NO OFFICE r **********DHR USE ONLY ******** DHR USE ONLY ******** DHR USE ONLY ******** RECORDER INFORMATION: NAME: Jane S. Day DATE. 4-17-91 AFFILIATION: Research Atlantica, Inc. PHOTOGRAPHS LOCATION OF NEGATIVES, Research Atlantica, Inc. NEGATIVE NUMBERS. Roll * 1, Photo 1& PHOTOGRAPH MAP I L N.E, 3e.o CST: ~ N "" I- im] V) <u ~ /V,€". ~AJO 'ST:' 158 I I II ~1 E _~__ '90 '_ . .,,:~._-;-___-,___-.!I 5' ._.___,._._:_.-.:.. T 4' '; " - '92 ,. ,,: . _ _ __ __ . . 'W.. " ,.-.W :~..' ..". I "'K< WOOT"" .. : '(""~I; i .' i . \ . " . L I 'I ." . ,1 - I :I/ 1 .,. - ! ,. '/ / I .'/ . .. l__________._._ ".-,'." ----:..- . "' : - I · . i ,. I' '\ 'I( , ~ \ ('. .~. . . ' , . ., '. '. _. . '.' I .... ,~ . _..OO ....... Ii : . r-'-; I ,'" _ ...'>7' _ . _ _--- . i !. . . l ~ _._ : I " . L "v'~.,n I \:, . ,..,,, . - . . . ... ."1' I .~ ' , I . ' / I I 1 .-- ~ \ ~-. - r- I. .... ., ...' _ , ,0 ... .' .. . ~ r:',':'::. ...::.... Del ray j] .. . '. .... ::;h I' :'.. .':" '.:.. ores . , -,; :'( }. .?'..:'::~::::'~ . . , J.., , ~ ' _. ...., .!l : , ':. .. , .. - ./ ' r .. . . . r-----.--~]- I I ,i ..... ..:,.'-' I ..' I ' I . ... I o':f . 'I" "c" ., ',' . . ...... :0. , ~~ ~ i. ' : e.., I . .. I ... ,ct: ~~." . = .. · c W .' I - .. , ' <{ . j _ .. __~,--I"" ...r." . _.'0 " I" " .,,' ;. ' III )'r ~ It +1' '. ~. ~--~=- ~ ,1.-1 , . ./ I' ~,:.,..' \., . · I I : . '-, . "'0 . ,,1""'"~-~-'~ .,.' J , . ,.' .-...' . . ,.." , I .. ,'" ..... . ....-..-;---' ". \ 't .0 ._ _' · ';' ' .' 0 ~""-. . ir- ~'" -~ - '" '" 0 , 1 K ~I' ..,- ~ . " .... I ~. .. -.- . ~ · .. . _. ..,. , , .' ..' . i .. , , 1_ -' ~ 0 - . .. 0_' " · .. :' .. \" - . ,., -~,. ..:; ,-" . ,. , , _' , .'. II . i . ~ - c. . I .;)&Ir., 303." ,'I - . ,p .- ~ ,. . . N' i ~'"''' C1.,' .... "" ' ',. . - . , I c.. ".. MI>WY ! ,~.- , 22.' HOu.x I I --.... . .... t.J...- , " ",... , '. .._~ . " so- kue . ~.' I" ,....... ~. _ 8 P . _ j __-' "1 .,.. .... '." .. ~ 6 F.ZfCJ .- . . . ..... .. ~ .. ,: ' :11: 'oo"'""-'" --- _ _ _" _ _ __ _ .",,' ~I' -:... ..' ~p f~< :.~)~:~.,-' ~ :: :'.,' . ~ .;-9 Ra ' I" · " D"" .-. :~. 'c.tft B .. inbow I r'~'-'- .~:.: ': . : !",: : ,..'. ,:. ',' H ----,.r-'~"..' I" :. ornes ' ; ': " ..: ... I i o'p.""" 'fr.' = ::::::::;;;... . : ....: .. .,. . " I .. -;~ . ' ... /..".......'"' .:~" ',' , ' " ' e"19, .,.. . ......... ." " ..' , ' , I ' .. :,- , '..... . . .\ "1 ' ': ..., .1' I iL'; ;...r '. ..:( ..': ,,:. <.4>... :-.j '. I ' .... .... . ,," . --. , ::. .~:~ .. . l' ' . ... ,'. ' c:n ' , / / - , PAGE 1 HISTORICAL STRUCTURE FORM SITE 8PB6250 ORIGINAL x FLORIDA MASTER SITE FILE UPDATE RECORDER" B16 SITE NAME: David Gerhard House HIStORIC CONTEXTS: Depression\New Deal NATIONAL REGISTER CATEGORY: Building OTHER NAMES OR MSF NOS: C.Y. BYl'~d House COUNTY: Palm Beach County OWNERSHIP TYPE: Private-individual PROJECT NAME: Bankers' Row Historic Site Survey DHR NO. : LOCATION: ADDRESS: 218 NE 1st Avenue CITY: Delray Beach VICINITY OF/ROUTE TO: On the West side of NE 1st Avenue in the middle of the block SUBDIVISION: Linton BLOCK NO.: 66 LOT NO.: 15, 16 PLAT OR OTHER MAP: TOWNSHIP: 46 RANGE: 43 SECTION: 16 1/4: 1/4 - 1/4: IRREGULAR SEC? Y LAND GRANT: USGS 7.5 MAP: Delray Beach 1962 PR 1983 UTM: ZONE: EASTING . NORTHING: . COORDINATES: LATITUDE: 26 N 28 LONGITUDE: 80 W 05 . 'ISTORY ARCHITECT: Unknown BUILDER: Unknown CONSTRUCTION DATE: 1937 RESTORATION DATE(S): MODIFICATION DATE(S): MOVE: DATE: ORIG. LOCATION: ORIGINAL USE(S): Residence - private - PRESENT USE(S): Residence- private DESCRIPTION STYLE: Mediterranean Revival PLAN: EXTERIOR: Irregular PLAN: INTERIOR: NO. STORIES: 2 OUTBLDGS: PORCHES: 1 DORMERS: STRUCTURAL SYSTEM(S): Hollow Clay Tile EXTERIOR FABRIC(S): Stucco FOUNDATION: TYPE: Masonry Wall MATERIALS: Masonry\Concrete INFILL: PORCHES: E\ entry ROOF: TYPE: Flat with parapets SURFACING: Tar & gravel\clay tile SECONDARY STRUCS.: Shed CHIMNEY: NO: .-, MTLS: Stucco LOCNS: N exterior wall Co WINDOWS: DHS 3 \ 1 , 4\ 1, 5\ 1, jalousie, fixed, alu.inulI awning EXTERIOR ORNAMENT: Parapet, bal'~l'~e 1 tile visor, scupper, fountain E CONDITION: Good SURROUNDINGS: Residential NARRATIVE: A variety of interesting architectural details are found on the Mediterranean Revival style house. A three car garage has been added to the property. ~~ :~:i!: 160 E . !_(!:..~, ~ .''"'''',., " I, i \. _...~~ ..f; "'0'."" .. oj ,I' I Page ;2 FMSF HISTORICAL STRUCTURE FORM Site 8PB6250 ARCHAEOLOGICAL REMAINS AT THE SITE FMSF ARCHAEOLOGICAL FORM COMPLETED? No <IF Y, ATTACH) ARTIFACTS OR OTHER REMAINS: None observed RECORDER'S EVALUATION OF SITE AREAS OF SIGNIFICANCE: Architecture ELIGIBLE FOR NAT. REGISTER? No SIGNIF. AS PART OF DISTRICT? Yes SIGNIFICANT AT LOCAL LEVEL? Yes SUMMARY OF SIGNIFICANCE: Although built later than the other four houses to the North, the an'crl i t ect m'a 1 style is consistent with the rest of the block. ********DHR USE ONLY ******* DHR USE ONLY ******* DHR USE ONLY *********** DATE LISTED ON NR KEEPER DETERMINATION OF ELIG (DATE): YES NO SHPO EVALUATION OF ELIGIBILITY (DATE): YES NO LOCAL DETERMINATION OF ELIG. (DATE): YES NO OFFICE **********DHR USE ONLY ******** DHR USE ONLY ******** DHR USE ONLY ******** RECORDER INFORMATION: NAME: Jane S. Day DATE: 4-17-Cjl AFFILIATION: Research Atlantica, Inc. PHOTOGRAPHS LOCATION OF NEGATIVES: Research Atlantica, Inc. NEGATIVE NUMBERS: Roll .. 1, Photo 18 l PHOTOGRAPH MAP I .tV E. ::'RCl SI. I':'; J ::> ~ l- V) - r~l~ ! 1-lJ <- .^J ~. :J.- tV 'U S I. i lAr~1 r.....'~ I I ;T,;;;iJ~. .. ^. . ..... ." :-..... .. ,-",.' 'q.,.":,,\':. 161 J?..~:_.:-.' ... :-':""~''''.' '"''" .,~c.~':':~ _.11-, ' ~-- - .,-"*,-, -_:;.~- -,-": - ... ..~ . ",,'.. ....... -... . .i: "" BCACH , WCST P~~T".'" I_AKC W . ...17 "Sf: I IM_ 193 (LAKe WOR~'H 'fl. ~. R~ "'. . 1,- r.~ r iI HI "' S... -;r.- '. )..'(1,. i I==> III .:. ~ -I' ~t'B '-"" "..~. ". !I .. ... I ". ~ I \ .1 f"l't::J ",..... '. _ ':'. ! J h" ,. _ E. .. . -: T ~5 5 ~ ~ . Ai ']1....,~: r BEACH f:..~..! Q , 1/ V ~ .!.." . (! '"' ' ! "" , ." ' I -. , . '. 'Il!::: ft, - - "',.0:. ~ ; ; I 3 " 1',':- .. r U i . . "...-.--:;;-; i I <if . tf.:.- .."... "- t1.~ r .f' '-':f .-.-.::~: !';.~ !.~. j .. ' '. - ! , / \ · . , j', I , ! 3. ,. , I" : ....~~. I i14,: II . ...rr:-"I . . , .e.; '\_. \ \" I. Ii ..WT ! i. _! . '.. .. , ! iA., ~ r - - J '/ :, , "!, 1: ' --...",~ ',.... -, "':.. ~I C . .m 5 . '.,. ./, '. " L.. -.--. / ,___'. '. . or.: , . . ". ''', . ." ", , '~'~i:.. . ''''~'. . ,:- , . I.. . I '. .. '. I . . . .' "'" , . C , ../ ;. i ''''/.::':'. ,I COU'.lf) CI.ut ~~ ' ( " '.... - ". . ''', ,. .., . ~ ..'... , ' ... -' \ r -;.. If:"~.lj'Li- U1' .;:-:. .. if [._ '. , \ "' ....,~, ", I, . \..::.:._-= ~., I .O"v~"n ,," _/.'_~ ~ '.. ~'.' '. ....."." u , '.._- J.I'~.I'I~.. . '" Jt......., t.. ~.:c'r-.;,c: ./ ' · , , . ," ., . " .. . . - ~ )I'!J' ... .p= . ~'Ir W I- '. , I-.~ . ." "', ~.., , ' · ,. , ",. ---- '"'' .--~ >., I, 'r ' ~.-=+---~"11 '~~ 'IL~ ',I 1'-1. .""c., '. ~,; ',-._. l......:~~.". ,L. '.fr~ <, ! ~ .. ~J' i;.,~ . .., · " 1., . _, '~ . ", l' I. , "-" -.... I , '. I · '. - ..t:[. ...;..' , ~ I' ~ .. · - 1 ".. '" , , ~'.. '. '.'.. . -'.,..", .' .... I, 1; \-oJ', ~, . .. I. ." ..,~" I C;"~~J~; I ',,-' ; \ 19 . ~ , .. 'H.._., 1 ~ -'; ~:o . .... :.' 'r I "'. , . ~,. _,_ --, t r-+r>=: . L ~._,~. ..._ ~ .;, fq.. ~:-'!t:_~, l' i, k! '~: .' ~ .'i'~f!! r" 1 . '! .'\ ',8'] I :1 II F~ 'f JI II,~ ,-. .. !~ II . I . - ----.. -I- <gll \"!""" "0 NW .T"- W ~J ~J... u~ I , ~ 9 i~" _ _ Ht-I '. - ',. , .. I ,- '1"" ~ - /. ~ ' I... _ IV , _. I . ,:,." F-.. , ~1" ,. .j.. , . .~_.. -'L " '. I F'I=:,. '-.~. ..~, . ,,;c.-In. ; . , 'J.. ""~l,.~. ,-:~' i, <~ ::!... ~ Ii. ~(- -~"""1f~~4 j I., I' ~ ,~ e U I / l\o ~ I!~~,. _..... ti . , "- U _" '. . - - ..".. -.. o.lmy "" r. -', , , ~ '_ CJL ! '..... .' ..... " - n .." - ., I / ; J" ~ .J.:..: t.::.: '::,. .:<..:.:::-.. Shores I' , - -.. ".- /'';', "". I I '., .' ' ....... ..... "". -,- .~ H n ~s I' - jJJ '.' :. -. .';, ", '.;. "-. - -' . ~ , , 1 " .., ~ ...... - '. '~'- . ~ , '-,- I ::~'''..:.r--,-r:.... ~ a.!. ", - '~rT'..II ' .", ~.' ,.1 II. ~_ i I . . n -,~....., '----f. 'I ll.,; I ,~... Q . t'... ' rr' i I ~ '.- " "'. n, r ; , .. . .' , · ; r', ", . 1 f;.~ _.. I · "'!~'" t. 'ik, -" c.. !. I .,. __ .... I ~, /. ~ !. _: ;.l'-W-.- J , "... ". ~, '. ~ ~. . ' , J h. ~ _ ~_. ,. ~ ' "" ,. " . '" . ~ ~ .... ".., ,. -,- ", ,~. '" .:, . .' ''':,.. 't! . .' . .. , . '!I. '< 11' . oj-;: I . .... i .. . " '11" , .. , ....,...., "'. .t . , . .1. J~~'. i I. i . I ~ I . 8,11. I l~r!l i. : I .. 1Ie~,... Cr ~ . J:L' 1 1 I., Plrk ~. '1"r- .~; I . ,,' ""j I '." "", I ,. '.. ~'. __)2_-. '. /~i"1 . ~j ~ ~'i u. -'~.G '.It.. s. -' ~lJ. 1 I I ."1: -" Ill.'. 1. +-= . . r.----- 1 '.' -_'l.,,~, T ' '_ . 1. '" _"", .. ... _ . . ..' ".j9' 'Q: '. '~'1..' .". "==~ i~. ~ . . '_. c i ,., ".. .. , ", '. b~.F" . !, " "'! . \.... I.:. -. ~ ?,' L>I' '. :''''.;" III j=~ n[ ~ ~. ~ f P==.. ' , """ '''Ll~.. " . . ";.. ',~ If ," '" l" , "':""'1 I i.j "_ _ _1.. '~',. . . ' . I '''''',:t IB'" , . . . .. ,. _,,-,", i'" I ..... L!." _ !. ''';: . '0. I "":~7"": ~ . "".,~ . . r .,..J- h- , ~I , Zl~ lJE I~ hrJE. I,To,,~ Oil. I , " -- " ~._ .. !..Y QPB(P250 ' . ~. '.,.. . " 'w>. <, . '., , ' · "" . , '. " ~''''. < "-"- ~ ~.~- J I " ..' ~" i 'I '"...;.' .~,,,. ..~. . .. .' '\ LL I . ........ ~ , 'B. ~ F. Id H~~ .: . - I .'.. . .;" . "...-;=- !'. _ ,I '. '. \". '''''''... "., .~~ '0,:=-:= ~r~ ....1.'t ' . " c'" . '. ~_.. _ ~I . ,. , ., '. , . ',8. _, " ~ "', _ l)j I . '. . I, .... _ '.. . '. . .'. '~-. , I Dei'.. Sue- . . I I ,...;:::: .... " .. ';. .,.., . ~." .1. _ ff. . ',,-, I . p" '" __.. ". , ~.. + I Country I,: : ". '..... ...' _ .. .'.. . . ~_' , " · "., '. ...... ..... c.~.~: 11_ ~._ I . I : '!: _. . '.. _.to :..... ", ,..' 'J"... I -~ _ , . L...-..-..., 01 , ' '"., .",...-- D'..., " .'.'~r_~ _ _ ' . . "..,..,. ..., ) : " '-, "aa- t......; , . . , '.' , .' " .... . ". -'''''': , ' "I !"'" . . ~~."...~..~.,.__.... ~~,. lei.... . ~".. ... . ,;.... '. ',. . ...~ ',. . "". .' '.., - , .~ ! - .,.'.~ I .. ~ . ...., , . ". . '" '.. .,.. .. .... '.. . -. . '" . l _ _ . .... -.-----.~..,' ,..... . I . -.~' . .-M .. --- '0_ _ . '. -' ":'. '. ,.... ..' ".~.__" .. '" - -- Ralobow I ....... . .' .. . .._. - , . . '.., . .'. . . , -. iE' . H OS .., _. .. "',~ O,!!..... . I.. '. , .., -. . - ......_-... , '" .... ...." . '. '16;1' , ~I , .. ~'1__ - . I ~ -~ - - Siegel House (8PB06235) _ ,-_...-~ .' -........- _': "'~,~.JlI _,_ ~--;"'C:"'!"~_-t~j~~~. '.- .. '. ;....... . __ - __ ~ ~J -.0 r--. M M N N -.0 ~ o c ~ ~ ~ ~ 00 I 00 ~ I ~ ~ I ~ ~ I ~ ~ ~ o 0 ~ X I ~ [i ~ ~ ~ M ~ U ~ -r,l f I I I Ai 1 .~l \:~ i" I t ~ .~.I' . "I~' t .j.,. ., r:~>- i~ . '........ ........, ~.'..'.' .' ;.,..... .... :.~._.__.._._.~. .... .' . .~. '"'''''' , - t - -. . -~ - -, - ---.... -.~ -. - --_..~ -- .- . _ 1: _ Messer House (8PB06238) -- ....... 0'\ C""l N \0 0 ....... a:l 0 p... ..:t 00 N '-' \0 0 QJ a:l CI) p... ::l 00 0 '-' ::r: QJ c:: CI) 0 ::l CI) 0 "l:j ::r: ~ I1l ..r: (J ~ p,:; , ,. .' ; . \ I. ( I I \t~ j 1M <6 '" ., ~ I II >~ . ; .~...-." ~..:.. ..~-_.., ~- ,. . - . ) ."' -~ . - !1 ~ . , . '~:!i .. ... ~ " ~ ~ 1J..~'" .- . ~ . . --, . . ::> ~,..~., ) . , -.. /f _/f~~,~ .. f ", . ~ . .- -; .. ~}~, "-: JI ; - -':i..~~:,..>~~ ;i .', .. . I .. .. .or ./ . ~ ;!'I ! I ~.. ,. ~. _;..~ ,:... I , . .it . -.." :""f\ _ . ~ .,...~.. ~.... "'- (; ,- - :~.~-".~ - .. ~ - ;. . "t t .~ ~, :., n- t ~ ~ '" ~~: .- .. m~ '. ~'.. ~ 1'" \ I - .;'-i q: .-~ "- ~ : . j . . ~ .,J ,,;..,.., ~l .....~ '.. f; '" . - . . .f -~~ . .' ... r ~i. , :~ji!l ~\ . ;W;;j, ~~t..,'t, ~ '5 .::rrvZ " , ~ ---., .- .-. "'4';"":,. - -. ~ - .- .'~ . . = ~. " ~: .' .' ..y ....... ~, .Of ~, . -. - -- -' - ",==_._~~UIOk House (8PB06244) I ~ \0 I ~ : N \0 j:l:l p., co '-" 0-- ,...., tlO ~ ~ ~ ~ N ~ \0 < o j:l:l III p., ~ co ~ '-" ~ > ~ - ~ ~ ~ ~ o ~ = 0 = >.. ~ s:: s:: ~ ~ () ::E: ..Ill s:: III ~ ~ .,. .: , .', .c; .t . - '.:'f(. ." , , ~.'l:.. ~ . ...". ~'. "'" . 'Y" ~ ' ~ . , . ''''i' . . . , . . ~:- . . ~~..'-..; . , .~ .. " '. .- ":.-t~... ':, " ./ . ... . ,~ ,;... -., , . . 't '. ".i. ~'" '\ . '. ". """....~ -t>-". r " - ~~... .- '. \ ~ ...1 ", w.t:''''' .... , ..\ ."" '';;;'' " ...:; . .' .... .... I. ..;,. , ~: .,_. > " .",:~ p, .~ 1 ., .\... ~ ("1 " " , -. ~~ t-., . .t -:~ ~ . ~'- , ", " ~ ~. .. ~ .~ , ..~,.,..... - .... . . "': . .. , '. -.::.-- - -~-~ . .. o I ,. . ",~",.~ ... .. i :.t~ftf .... " ,~. " ',. "'.. .~. :;t ...~.iC"rf~:J' ~$.iW~< . : "",''' . . . .~".":t ~ I If' . '(:tj,:t,} t' ;~~\~.~;./.. <:' ~,< .~ :. . ~ ~ . - ~ j.. . ~ . ~ .. '~-. i~ - L. ': . l --- .i._ . , ..: ..~,._.t..' . -" J , .. ;.;.... .,.. :~ 4, ..' .......... ,#,'. ~ , ~ '~ .. ...... "'. ': .~, '1j l.j '.' . ~. ~. ).' .. :'., . '"": " ., . ..j. :~ . ". . ?fi'~'~' , . . " ..".~ " . . . " ...." '.. _. · 'i' .... .) l ., , ,....~...... . 0" ,. . .\, t . . oj , .... . ,~, '.. ~.. '.' t .'''' .,..~ . J' I .....:~.,.. . ,- ". "~~4d :''Yiti( · ~ . \. ~, . /.. .~'-.;.~ \ :.~-~~_:-- ..' ," " ~..' --. - ~ -A.. f, ,. \.. .' ,l,. ...' '" ..... ,. .:-t. \' .'1~,. ," . " .~ -- '-, ...... ~ ".'. .... ,. t~", : , r "', ",,, . :.. ,. f't.: .'> . ~~.... "..", \' . . ~ '''~''. , " .r, " ~ ,'. ;. ~ \. - , ~ . :, . ..... - .., ,. . ., \ \ ., . ~ ... \. l \ . -. t " ,~. " l ':,) ,,' I t .. , .~. '.. / ." ~1~" \.,1. . . ; t'~ I .. ..' --. -- ..\. -". . .~ '~./."~<':""~-~~'. , ' , . - _. ... l' ~ : '~~~~~~:.f:~:'-::<;~:i. . . ~ '.[,"" - .' , . , . ",,: .. ~,' ;'b>>~*-'~r . ""--'l". -:ll'.lf.....,...~ .,;. ...;, .~.~ ~ .... -:.. . ~. . . . . APPENDIX H: PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS ~ ARTICLE 8.4 PUBLIC IMPROVEMENTS AHD SPECIAL ASSESSMENTS Section 8.4.1 Authority Tb Make Special Assessments; Exceptions: , (A) The City Commission is authorized and empowered, in the manner herein provided, to cause any and all streets, highways, boulevards, avenues, lanes, alleys, and parks or any part thereof, to be graded, paved, repaved, surfaced, or resurfaced, and to cause ~ curbs and gutters to be constructed therein, and sanitary sewers, storm sewers, sewers, and drains and canals or other waterways, laid and constructed, and to provide for the payment of the whole or any part of the cost thereof by levying and collecting special assessments upon abutting, adjoining and contiguous or other specially benefitted property. The amount assessed against the property benefitted by these improvements shall not exceed the estimated benefits accruing to that property by reason of these public improvements. (B) However, offstreet parking garages, or other similar facilities, and mass transportation systems shall have the prior approval of affected property owners. If the city is ever in the situation where it is legally obligated for providing capital improvements for water or sewer facilities within an unincorporated area of the county, it may recover the costs of the capital ( improvements by levying and collecting special assessments for the purposes authorized in this section on the specially benefited property; however, collections of the special assessment shall not take place until the specially benefited property connects to the capital improvement. Section 8.4.2 Method Of Makinq Special Assessments; Petition For IlIlProvement: (A) Special assessments upon the property benefitted by any public improvement herein authorized shall be by any one of the following methods: ( 1) In proportion to the benefits which may result from that improvement. (2) By foot frontage of the property bounding or abutting upon the improvement. (B) When the owners of a majority of the frontage of lands liable to be assessed for any special local improvement shall petition the Commission for any improvement, the Commission may order the improvement to be made, or public improvements may be initiated and made in the discretion of the Commission. ~ 8.4.1 169 "" / Section 8.4.3 Plans And Specifications Required: Before any -1 public improvement shall be authorized.pr made under the provisions " of this chapter, the Commission shall b~resolution require plans, specifications, and estimates of cost 0 those improvements to be made and placed on file in th~ office of the City Manager. Section 8.4.4 Resolution Of Necessity Required: When the Corrupission shall determinE;! to make a public improvement, then it shall so declare by resolution, stating the necessity for and the nature of the proposed improvements; and what part or portion of the expenses thereof shall be paid by special assessments. The resolution shall also state the total estimated cost of the proposed improvement; the method of payment of assessments, and the number of annual installments. ( A) Scope and contents of resolution. ( 1 ) The resolution aforesaid may embrace improvements of like character upon or in more than one highway, and these improvements need ~t continuous, but no improvements, except the laying of storm se ers, canals or other open waterways, shall be embraced in any single resolution except such improvements as are practically uniform in character and cost throughout the length of the street or streets or part or parts thereof to be so improved; -, but no street sidewalk, sewer or storm sewer, canal or other open waterway improvement shall be joined in any single resolution with any other of the four classes of improvement. If the resolution is for storm sewer improvement, or canal or other open water improvement, it shall designate the boundaries of the district comprising the property which the Commission deems will be specially benefitted by the improvement. (2 ) The grading of sidewalks may be included in the cost of sidewalk construction, and curbing may be included either with street improvement or with sidewalk construction as the resolution may direct. (3) The estimated cost stated in the aforesaid resolution shall include an estimate of the cost of preliminary and other surveys, inspection, and superintendence of the work, the preparation of the plans, specifications, and estimate, the printing and publishing of notices and proceedings, the preparation of certificates, bonds, and any other expenses necessary or proper, which expenses, except the cost of the work itself, are hereinafter referred to as incidental expenses. (4 ) The improvements covered by a single resolution may be designated in all proceedings, assessments, or publications by any short or convenient designation, and property against which -:4 assessments may be made for the cost of the improvement may be designated as a district followed by a letter or number or name to .J distinguish it from other districts. 8.4.2 170 ~ (B) Publication of resolution. The resolution to be adopted as aforesaid shall be published in a newspaper published in the city, once each week f1 two consecutive weeks, and shall be certified to be the Cit Clerk, together with a notice setting forth that the Commission has determined the necessity for the improvement to be made, according to plans and specifications on file in the office of the City Manager, and that the same is required to be so made, and that the Commission will sit at a place : and upon a date and an hour not earlier than three days from the final publication of the notice, for the purpose of hearing objections to the proposed improvement. Section 8.4.5 Proceedinq With Improvement: If at the date fixed in the notice, the person owning property abutting upon and to be benefitted by the improvement, or in the case of a storm sewer, within the district to be benefitted by the impr~vement, shall not have constructed the same, in accordance with the plans and specifications aforesaid, and if no objections shall have been made, or if having been made they shall be deemed insufficient, the Commission shall proceed to have the improvement made, either by contract or directly by the employment of labor and purchase of materials, or separate contracts may be entered into for the r performance of different classes of work included in any single improvement. Section 8.4.6 Report On Cost; Preparation Of Assessment Roll: ( A) After the completion of the improvement, or in the event the improvement is made by contract, after the awarding of all contracts included in the improvement in a manner that the total actual cost of the improvement can be determined, the City Manager shall prepare and present to the Commission a report of cost of the improvement and an assessment roll showing the lots and lands assessed pay the cost thereof and the amount of the assessment as to each. (B) The report cost shall show the total cost of the improvement, and the estimated cost of incidental expenses; that portion of the total cost chargeable to the city; that portion of the total cost chargeable to the lots and parcels of land, including real estate owned by the city, and including real estate within the city limits abutting upon the improvement for which the assessment is made. In the case of all improvements, except storm sewers, the amount chargeable upon each front foot of abutting property, which amount shall be the portion of the total cost chargeable to all abutting property divided by the number of feet fronting or abutting upon the improvement. L (C) The assessment roll shall show the number of feet of each lot or parcel of land fronting or abutting upon the improvement except in the case of storm sewers, canals, or other open waterways, and the amount of the assessment as to each. 8.4.3 171 .'. ~ (D) The amount chargeable against each lot or parcel of land ' shall be computed according to frontage in all cases except storm sewers, canals, and other open waterway "improvements, and in those cases shall be the amount which the Commission deems to be proportioned to the special benefits received by lots and parcels of lands within the boundaries of the district designated in the resolution authorizing that improvement as hereinbefore provided, and not in excess of those benefits. .. . Section 8.4.7 Approval, Publication Of Roll; Levy, Collection Of Assessments: (A) The Commission shall thereupon approve the report of cost and the assessment roll, if the same shall be in proper form, and the same shall be placed on file in the office of the City Clerk, and the assessment roll shall be'advertised once each week for two successi ve weeks in a newspaper published in the city, together with a notice to be signed by the City Clerk setting forth that the assessment roll has been examined and approved by the Commission and that the Commission will sit upon a certain date and hour not earlier than three days from the final publication of the notice, for the purpose of hearing objections to the assessment roll. If no objections shall be made by persons affected by the assessment roll at the time and place specified in the aforesaid notice, or ,if ~ objections having been made, they shall be deemed insufficient by " the Commission, the Commission shall thereupon adopt an ordinance levying the assessments as shown by the assessment roll, and reciting by what method the special assessment is made and the time when the same shall become payable. The special assessment to be levied shall be a lien from the date of the assessment, upon the respective lots and parcels of land described in the ordinance of the same nature and to the same extent as the lien for general city taxes, and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and forfeiture as city taxes are collectible; however, assessments may be collected in any other manner and by any other method as may be provided by law. (B) The commencement of work on any public improvement as provided for in this chapter shall constitute notice to the owners of property abutting upon, adjoining, or contiguous to, and to be benefitted by the improvement, that special assessments will be levied against that property and liens created and held against the same for benefits received by reason of those improvements. ~ 8 . 4 . 4 172 . r Section 8.4.8 Record Of Certificates Of Indebtedness Required; Notice Of Lien: Immediately upon the issuance by the Commission of any certificates of indebtedness under the provisions of this chapter, and before the same shall be sold or deposited in the treasury as herein provided, the City Clerk, in a book to be kept by him for that purpose, shall note the issuance of those certificates, the date thereof, the improvement for which issued, a description of the property covered by each certificate, the rate ! of interest provided for therein, and the dates of maturity of the installments provided for in the certificates, which book shall constitute a notice to all parties of the lien held and claimed by the city upon the property described in ~ach of the certificates. Section 8.4.9 Purpose Of Assessments: The Commission may provide in whole or in part for the cost of replacing improvements now existing or which may hereafter be made by levying special assessments as herein above provided. Section 8.4.10 Statute Of Liai tations To Challenqe Validity Of Lien: In no event shall the amount of validity of the liens or certificates of indebtedness provided for in this chapter be questioned by any direct or collateral proceedings instituted more ( than six months after the issuance of those cert~ficates of indebtedness by the city. Section 8.4.11 Procedure For Enforcement Of Lien: (A) Upon any suit brought to enforce a lien or for the collection of the amount due upon any certificate of indebtedness issued on account of those liens, the certificates shall be and constitute prima facie evidence of the amount and existence of the lien upon the property described; and in all cases mentioned in . this chapter where the city has acquired, or may hereafter acquire, liens for improvements, those liens or any of them may be enforced in the following manner by the city, or in the name of the city, by the holder of any certificates: ( 1) By a bill in equity. (2) By a suit at law. (B) The bill in equity or the declaration at law shall set forth briefly and succinctly the issuance of the certificate of indebtedness on account of the lien; the amount thereof and the description of the property upon which lien has been acquired and against which the certificate of indebtedness was issued, and shall U contain a prayer that the owner shall be compelled to pay the amount of the lien, including all court costs and reasonable 8.4.5 173 .," , attorney's fees, or in default thereof that the property may be ~ sold to satisfy the same; but the judgment or decree obtained in the suit shall not be enforced against or be a lien upon any other property than that against which the assessment was made, and in the decree or judgment as the case may be, for the enforcement or collection of the amount for which the lien is give. (C) Decree or judgment shall also be rendered for a reaso~able attorney's fee, for the institution of the suit, and collection of the amount due on the lien with interest, together with the costs of the proceedings, which attorney's fees and costs shall be a lien upon the lands the manner provided for the collection of the amount for which the lien was originally given. Section 8.4.12 Service Of Process Required In Enforcing Liens; Appeals: In all suits or proceedings to enforce liens for improvements as mentioned herein, service shall be made in the same manner as is prescribed by state statutes, for service of process in any suit at law or in equity. In those suits and proceedings, appeals and writs of error may be taken to the proper appellate court as in other cases. Section 8.4.13 Attorneys' Fees For Collection Of Liens: Should , any certificate- of indebtedness constituting liens against real estate for improvements made by the city, as mentioned in the preceding sections of this chapter, after becoming due and payable, be delivered by the Commission to an attorney for collection, the owner of the property against which the lien exists shall be liable to the city for a reasonable attorney's fee not exceeding 15\ of the amount of the principal and interest due on those certificates of indebtedness with which to compensate its attorney for services in collecting the amount or amounts due on the certificates. This liability shall exist against the owner of the property when the certificates of indebtedness are delivered over to the attorney for collection. Section 8.4.14 Provisions Declared Supplementary: The city shall have all the powers, privileges, and authorities provided by the General Acts of the legislature of the state, as the same provide for making local improvements, and the same shall be an additional and alternative method for making local improvements in the municipality. ,~ 8.4.6 174 I: SAFE NEIGHBORHOODS ____ INTERGOVERNMENTAL PROGRAMS Ch.163 --a..-..eIv presumed to have been executed in com- 163.450 Municipal and county participation in ~With the provisions of this part insofar as title or neighborhood development programs under Pub. L. ~.-est ot any bona tide purchasers, lessees, or No. 9O-448.-Nothing contained herein shall be con- .... -V- ot such property is concerned, strued to prevent a county or municipality which is en- I , ~__ If. c:ttll9-3J6; a, 15.00,77-391, gaging in community redevelopment activities hereun- ..' . .. der from participating in the neighborhood development .....10 Exercise of powers In ~ounties with home program under the Housing and Urban Development ..... .......,..-In any county which has adopted a Act of 1968 (Pub, L. No, 90-448) or in any amendments I .... nA8 charter, the powers conferred by thiS part subsequent thereto, ' ~.' I" bt exercised exclUSIVely by the governing body ot HlatOf't.-s. 26, ch. 00-305: s 19, ch. 85-3;) ~. . fPSI~' However, the governing body of any such f . . wtlich has adopted a home rule charter may, in ~etiOO, by resolution delegate th~ exerci~e?f the PART IV =::.eonferred u~n,the, county by thiS pa,rt Within the NEIGHBORHOOD IMPROVEMENT DISTRICTS rieS of a mUnicipality to the govermng body of _. municipality. Such a delegation to a ":lunici,pality 163,501 Short title, ..... confer only such powers upon a mUnicipality as 163502 Safe neighborhoods' legislative findings and ~ be specifically enume!~ted In the delegating reso- purpose,' ~ Arty power not speCifically delegated shall be re- 163,503 Safe neighborhoods; definitions, __ ~cIuSlvelY to the governing body of the county. 163,504 Safe neighborhood improvement districts; ..,.coon does not affect a~y, co~mu~lty redevelop- planning funds, ... tf1IIlCi created by a mUnicipality pnor to the adop- 163,506 Local government neighborhood improve- ~county home rule charter. ment districts' creation' advisory council' 17. ch,~: s 1,00 83-29. dissolution,'" ;......15 Exercise of powers in counties without 163,508 Pr?perty owners' ass,ociation n~ighborhood _charters.- The powers conferred by this part Improve.ment dls,tncts; creation; powers (IIllUnties not having adopted a home rule charter and dutJe,s; duration. , , M not be exercised within the boundaries of a munici- 163,511 Spe,clal neighborhood Improvement dls- wIIhin said county unless the governing body of tr"cts; creatIOn; referendum; board of -1IIunIciP8'i~ expresses its consent by resolution, ?lrectors; duration; extenSion, , IiIIiite AIIOIution consenting to the exercise of the pow- 163,513 Crime, prevenllo~ through en,vlronmental upon counties by this part shall specifjcal- ~eslgn funct,lon,s of neIghborhood te the powers to be exercised by the county Improveme~t dlstncts, , ' .. boundaries of the municipality. Any power not 163.514 Po~ers of neighborhood Improvement dls- enumerated in such a resolution of consent tncts, _exercised exclusively by the municipality within 163,5151 Fiscal management; budget preparation. 163,516 Safe neighborhood improvement plans, 163.517 Safe Neighborhoods Trust Fund, . 163,518 Crime prevention through environmental Powers supplemental to eXisting commu. design program, . ent ~wE!r,s.- The, powers conferred 163,519 Duties of Department of Community Affairs, CIOU"Ities or mUOlclpaht~es by thiS part shall be sup- 163,521 Neighborhood improvement district inside to any commuOlty redevelopment powers enterprise zone; funding. ~cised b~ ~ny county or muni~ipality in ac. 163.522 State redevelopment programs, . WIth the provlsl~~S ot any population act, spa- 163,523 Safe neighborhood districts; cooperation 01 under the prOVISions of the home rule charter and involvement of community organiza- County, or under the provision of the charter tions, ClClnIOIidated City of Jacksonville, 21.ch,~305, 163.501 Short title.-'Sections 163,501-163,522 Assistance to community redevelopment may be cited as the 'Safe Neighborhoods Act.. HIetoty.-s, 55. ch, 87-243, IgInCies.-State agencies may provide tech- 'Ncne.-Section 55, ell. 87-.~43, provides that 'ts]ections 55-73 may be cited as .., Idvisory assistance upon request to munici. the Safe Neoghbomoods Act SectIOnS 55 through 70, ell, 87-243,.... compoIed at ~. "as. 163,501 through 163522, Sections 71. 72, arod 73. ell, 87-243. are compoIed at counties, and community redevelopment agen. lIS, 290007, 163.3040, arod 1n806, respectively community redevelopment as defined in this . assistance may include. but need not be limit- 163.502 Safe nelghborhoodsj legislative findings preparation of workable programs, relocation and purpo...-, , special statistical and other studies and com- (1) The Legislature hereby fInds and declares that :.. ~ _... evaluaUons and ;of""""..... _'ng among fhe many "!'uses of defe,"""f'" In the "".....s professional services, surveys, reports, docu. and, reslden!,al n~lghborh~s of the st~te are ~he fol. any other similar service functions. If suffi. lOWing: proliferatIon of cnme, automobile traffIC flow and personnel are available, these services strangled by outmoded street patterns, unsuitable to- provided without charge. pography.. faulty lot layouts" fr~gmentation ot land uses "CIIl88-3l6; a, 16,00,77-311; a, 19. ch, 84-356, and parking areas necessitating frequent au 'Ie Ch. 163 INTERGOVEANMENT AL PROGRAMS 1 -'"~._-_. _._-,------ movement, lack of separation of pedestrian areas from (61 'Ine prever.: OIi thro"c;l automobile traffic, lack of separation of vehicle traffiC sign' means the planned use ct E lanes and railroad traffic, and excessive noise levels concepts s'Jch as natura' access from automobile traffic, lance, anc territorial relr:f',c1cement (2) The Legislature further finds and declares that commuli't; setting which IS deslQlk '., j safe neighborhoods are the product of plallning and im, opportunity and foster posItive sac' plementation of appropriate environmental design con, the legitimate users of that settln(J cepts, comprehensive crime prevention programs, land (7) "Deferlslble space' means ,.I' ' 1 . 'I ~ use recommendations, and beautification techniques, spectl''''} on crime prevention throu." (3) The Legislature further finds and declares that the envlrcnment to create the abillt, the provisions of S5, 163,501-163,522 and the powers trolthe eC'vifonment along Indivldud granted to local governments, property owners' associa- temtor,a: Influence that result In t(-'" ( tions, and special dependent districts are desirable to and a 'ell responSibility guide and accomplish the coordinated, balanced, and (8) 'Enterpnse zone' means a harmonious development of safe neighborhoods; to pro, suallt to s 2900065 mote the health, safety, and general welfare of these ar, History 5 S - en 87-243. S ." c' 88-38' eas and their inhabitants, visitors, property owners, and workers; to establish, maintain, and preserve property 163.504 Safe neighborhood imp: If I',' 11 CllstriCi$ values and preserve and foster the development of at, planning funds,- tractive neighborhood and business environments; to (1) The governing bedy of any prevent overcrowding and congestion; to improve or re' may authorize the fornlat!on of sa r< r ",e direct automobile traffic and provide pedestrian safety; provenCe'lt districts thrcugh the d': to reduce crime rates and the opportunities for the com, ordinance which speclfes that ". j . '''13.') mission of crime; and to provide environmental security created by one or mOle of the mE' I i:~ '~,r~c': in neighborhoods so they are defensible against crime ss 163 SJ6 163.508, and 163511 (4) It is the intent of the Legislature to assist local lap the jJrlsdictional l)cundarl8s governments in implementing effective crime prevention the unn:orporated area of a coun', techniques to establish safe neighborhoods, The LegiS' agreement lature, therefore, declares that the development, rede, (2) if the governing [lody of a velopment, preservation, and revitalization of neighbor' elects t'J create a safe nelghborr c hoods in this state, and all the purposes of ss, 163,501- tnct, it sha!1 be eligible to request 163,522, are public purposes for which public money may be borrowed, expended, loaned, and granted, Ne,ghbo"'ioods Trust Fund, cr' HI.tcKy.-s 56, ch 87-243 163517 and adminis',:y,:;d by 'he munlty ,;ffalrs, to prepare a safe 163.503 Safe neighborhoods; definltions.- the district (1 ) .Safe neighborhood improvement district,. "dis' (3) Municipalities and countit;, trict," or "neighborhood improvement district' means a provIsions of this sect:on wlthOLt district located in an area in which more than 75 percent the Department of COlnmunity AHa!' of the land is used for residential purposes, or in an area in thiS section shall be construed t: in which more than 75 percent of the land is used for from the requirements of providlr'9 l C1 commercial, office, business, or industrial purposes, ex, improvement plan pursuant to s 't: eluding the land area used for public facilities, and HI.lory,-, 56, chi 87-243: , 25, ch, 88-381 where there is a plan to reduce crime through the imple' 163,506 Local government neighburhood imprO'le mentation of crime prevention through environmental design, environmental security, or defensible space ment districts; creation; advisory council; dissolutior, I techniques, Nothing in this section shall preclude the in- (1) After a local planning ordilld', ' 1)8"11 a(1(:n' elusion of public land in a neighborhood improvement ed authorizing the creation of loea ,,..e": ITICi',t district although the amount of land used for publiC facil, borhood Improvement districts ities is excluded from the land use acreage calculations body of a municipality or county (2) 'Association' means a property owners' associa, ernment neighborhood Improver'ie'C tion which is incorporated for the purpose of creating actment of a separate ordinance Tel and operating a neighborhood improvement district ordinance: (3) 'Department' means the Department of Commu, (a) Specifies the boundanes . are nity Affairs, distriCt. (4) .Board' means the board of directors of a neigh, (b) Authorizes the district to 'eel. ::1 ~ dn-'-'jllQ d: borhood improvement district, which may be the gov- from the department. erning body of a municipality or county or the officers of (c) Authorizes the local goven, I 1"": ,elgnoor't a property owners' association or the board of directors improvement district to levy an at} , cye'TI fa': on rc of a special neighborhood improvement district and personal property of up to 2 Inl an: lual:1' (5) .Environmental security' means an urban plan- (d) Authorizes the use of speCie:, ,Is"cssnents P ning and design process which integrates crime preven- suantto chapter 170 to support pian Illig and I Tpler' tion with neighborhood design and community develop- tat ion of district improvements. ;::1 the PU'POSE ment making such assessments, the tern' r;lu"llci(:allty' <<, 978 ,._,.'" , '''''_'''''''"'''_'__11'' ," '" __,__ F.e. ,J INTEFl9Q'{EI:Lt-!MENI"LP~_QGRAM~__u _u____ ________ <::~J~~ governing board of the municipality' used in said chap' (b) Specifies U18 boundaries, size, and name of the ter shall mean the district and board, respectively district (e) Designates the local governing body as the (e) Authorizes the governing body through mutual board of directors of the distriCt. agreernent with the property owners' aSSOCiation to (f) Establishes an advisory council to the board of 1 Request a matching grant from the state's Safe directors comprised of property owners or residents of Neighborhoods Trust Fund to prepare the first year's the district. safe neighborhood plan. The provider of the local match (g) May prohibit the use of any district power author. for the state grant shall be mutually agreed upon be. ized by s, 163,514, tween the governing body and the property owners' as- (2) The advisory council shall perform such duties as soclatlon The governing body may agree to provide the may be prescribed by the governing body and shall sub. match as a nO-interest-bearing loan to be paid back mit within the time period specified by the governing from assessments Imposed by the association on Its body, acting as the board of directors, a report on the members or shareholders district's activities and a proposed budget to accom. 2 Provide staff and other technical assistance to plish its objectives, In formulating a plan for services or the property owners' association on a mutually agreed- improvements the advisory board shall consult in public upon baSIS, contractual or otherwise, session with the appropriate staff or consultants of the 3 Prepare the first year's safe neighborhood plan, local governing body responsible for the district's plan (3) As an alternative to designating the local govern- which shall comply With and be consistent with the gov' ing body as the board of directors, a majority of the local ernlng bodys adopted comprehensive plan, governing body of a city or county may appoint a board (d) PrOVides for an audit of the property owners' as- of three to seven directors for the district who shall be soclation residents of the proposed area and who are subject to (e) DeSignates the officers of the incorporated prop. ad valorem taxation in the residential neighborhood im- erty owners' aSSOCiation as the board of directors of the provement district or who are property owners in a com- distriCt. mercial neighborhood improvement district. The direc- (I) May prohibit the use of any district power author- tors shall be appointed for staggered terms of 3 years, ized by s 163,514 The initial appointments shall be as follows: one director (2) In order to quality for the creation of a neighbor- fr i_year term; one director for a 2-year term; and one hood improvement district, the property owners shall ( )r for a 3-year term, If more than three directors form an association in compliance with this section, or al" ,I) be appointed, the additional members shall initial. use an existing property owners' association in compli- Iy be appointed for 3-year terms, Vacancies shall be ance with this section, which shall be a corporation, for filled for the unexpired portion of a term in the same profit or not for profit, and of which not less than 75 per- manner as the initial appointments were made, Each di' cent of all property owners within the proposed area rector shall hold office until his successor is appointed have consented :n writing to become members or share- and qualified unless the director ceases to be qualified holders Upon such consent by 75 percent of the proper- or is removed from office, Upon appointment and qualifi- ty owners in the proposed district, all consenting proper- cation and in January of each year, the directors shall or- ty owners and their successors shall become members ganize by electing from their number a chairman and a of the association and shall be bound by the provisions secretary, of the articles of incorporation, the bylaws of the associ. (4) A district may be dissolved by the governing ation, the covenants, the deed restrictions, the inden- body by rescinding the ordinance creating the district. tures, and any other properly promulgated restrictions The governing body shall consider rescinding the ordi, The aSSOCiation shall have no member or shareholder nance if presented with a petition containing the signa- who is not a bona fide owner of property within the pro- tures of 60 percent of the residents of a district posed distriCt. Upon receipt of its certificate of incorpo- Hla1ooy.-s, 59. ell, 87-243; s, 26. ell. 88-381. ration, the property owners' association shall notify the 163.508 Property owners' association neighbor- clerk of the city or county court, whichever is appropri- hOOd Improvement districts; creation; powers and du- ate, In writing, of such incorporation and shall list the tie.; duration.- names and addresses of the officers of the association. (1 ) After a local planning ordinance has been adopt, (3) Any incorporated property owners' association ed authorizing the creation of property owners' associa- operating pursuant to ss, 163,501-163,522 shall have bon neighborhood improvement districts, the local gov- the power: erning body of a municipality or county may create prop- (a) To negotiate with the governing body of a munic- erty owners' association neighborhood improvement ipality or county for closing, privatizing, or modifying the districts by the enactment of a separate ordinance for rights-of-way, and appurtenances thereto, within the each district, which ordinance: district. (a) Establishes that an incorporated property own, (b) To utilize various legal instruments such as cove- ers' association representing 75 percent of all owners of nants, deed restrictions, and indentures to preserve and prOperty within a proposed district meeting the require- maintain the integrity of property, land. and rights-of- "'ants of this section has petitioned the governing body way owned and conveyed to it within the district 1e municipality or county for creation of a district for (c) To make and collect assessments against all be area encompassed by the property owned by mem, property within the boundaries of the district and to rs of the association, lease, maintain, repair, and reconstruct any privatized 979 177 Ch. 163 INTERGOVERNMENTAL PROGRAMS .. ----,-------.-.- ---_. -- --- ,"-,-,----_._--,-----,,---- .-- street, land, or common area within the district upon suar-I ,/:' ')t:\_ nat tf:c' j : ,::,::~ "~) :I dedication thereof to the aSSociation reSJcJer,t'2: ;)f tJli'-; 'Ielghhcr' j I;'npru",l~;r' ;:'-'1 (d) Without the JOinder of any property owner, to tllel 10 'uxtlon ,', propose: "2a Dr modify, move, or create any easement for Ingress and (tl :\ ~)etl:IC: tn/ling tt"f? ') :jnatures (it (~C egress or for the purpose of utilities, If such easement cent 0' t"e ele'. a prop(>;'~<~ Spec:ldi rf .~,!d8 constitutes part of or crosses dls trict property However nelgnt-cr"',)OO 'lent (l'ST> HOa or ;::C ~';(;rl "t this shall not authOrize the association to modify or move of the cr,.;perly of a pro;=,,- ",.j sfJec,a, t'us,r( ';5 any easement which IS created In whole or in part for the nelght;ornood u,ernent dls:r_t ,irea IS presenteJ to use or benefit of anyone other than association mem- the cO..M')' cornlT" '",,,:,r' of a COUI' f the proposed '8 bers, or which crosses the property of anyone other than IS loca:2,j In It':" , "lrporatE'Cl '3 ot the c(',(>nt.. Df association members, Without the consent or approval to the .:ie. ':rnll'''J '".)\ a nlu' Ji:t)' ;f P-<e ,)pc: !:d of such person as required by law or by the Instrument area IS rc,cated 0/, ',e Irco' led Irlnlc of :hE- ij creating the easement Nothing In thiS paragraph shall nlc1pa :i', The shall dct tr'e P' opcsclj :, ,~a affect the rights of Ingress or egress of any member of and sl,3' state :~ , I, for the rc:'p:S(, of ar I~~ r the association" endur :0 deh'- ",hether -:()ec!dl rcs/:_jeilt!Lii Jf (4) A property owners' aSSOCiation neighborhood busln'~:ss 'l81Dht ,.r, ,:'Ilj 1(f1,prc:~ ..'~ :\j's\rICl '"r:ClVJ be improvement district sha:: continue In perpetuity as long crE'a~e,j T' SUCi'l j,sed a'ed as the property owners' aSSOCiation created pursuant to 1:3)(3' -:-he :c',;Ii:",jum 10 ne.'11 a :J~-";~Cla: :3 this section exists under the applicable laws of the state delltla!ielgl'![K Impro. ! diSLrlct ;')f~jir" 1 :e H1stofy,-s so, ch. 87-243, s 2~ 01'. 88,381 srlall :e held a" rlbed In ~,utjsect,or" 163.511 Special neighborhood improvement dis- b; l\'itnJn 4~: .J;~~..~:: frofT' tnt;:'_;:j~.:_:; tr'\e gO'/f-rnlng :~; lj,>- triett; creation; referendum; board of directors; dura- of th,:, ~'unlcrpa' ') :ounty ,',,- ._':e,er IS c,pprOfY'ite tion; extension.- enaC's ,y: orc!" ,-:P,.:"? pursuan' ',('3urJSeC',on ",1) , .( (1) After a local planning ordinance has been adopt preser:c:J w:1h ueV,on purs!",',' 10 subsecticn Ie" ;b ed authorizing the creation of special neighborhood Im- so tha: tne [-':)., :;:-:::lrit:S of tre c;r'~:posed In')pruvt:r e;,'\ provement districts, the governing body of a munlclpall district are deL',c:d 'he Clly :>"', or the s.Jper"...",r c ty or county may declare the need for and create speCial electliY'S ""hic!"e,er IS apprOD'3'C shall celt fl SU:'I 0' residential or business neighborhood improvement dlS' dlnarce or 3'!d C0(11~,""o a ilSt of the "lames ani tricts by the enactment of a separate ordinance for each last Kn;:w"n aeJch,,:;es of the ,,:('(lors 1(1 lrlE: prnn' ,see district, which ordinance spec:al reSidents; r,elghborhcod ifnproverncn (a) Conditions the implementation of the ordinance from :r'e list of 'eg,s'ered votes, cf the county 2 11;' on the approval of a referendum as provided in subsec- last 'B,' of !t',e l'lCln'r", prececJ:"-::; trlat 110011'lch ltkt orc tion (2), nanv),',as end' k,jj( the pe;,:rcl! '....as presented an (b) Authorizes the speCial neighborhood Improve the san,e shall ::o"s"lute the r~<;i31rat'on ist for H ( p'~ ment district to levy an ad valorem tax on real and per- poses of the reerenjum requ,red under thiS sutlse;tiol sonal property of up to 2 mills annually, except as othc:wise prOVided ICi thiS subsection (c) Authorizes the use of special assessments pur (c) Within 45 days from cOT:prialion of 1"'02 vole re suant to chapter 170 to support planning and implemen, istralion list pu'suar,t to paragraph (b), the city clurk tation of district improvements. For the purpose of mak, the sllpervlsor (if electIons shall notify each such e'ect, ' ing such assessments, the terms "municipality" and of tre general DfO'v!Slons ot thiS section, IrlCludln;J It 3 'governing board of the municipality' shall mean the dls- taxing authonty and the date of the UpCO!T1in;) re'ere ' trict and board, respectively, dum, Notification shall be by' United States mail a'ld1 (d) Specifies the boundaries, size, and name of the addition there:o, ti'y publication one time In a newsoapd district of (~ene(al clrl:ulation in the county or rT'unlcipallty 11 (e) Authorizes the district to receive a planning grant which the dls:nct IS located from the department (d) Any res,dE,nt of the d'Strlct whose name dc,es r' >t (f) Provides for the appointment of a 3-member appear on the list compiled pursuant to paragraoh i)} board of directors for the district. may register tClllote as proVided by 113......, The reglstrat ,n (g) May authorize a special neighborhood Improve, list shall remain open for 75 days after enactment of t'18 ment district to exercise the power of eminent domain ordinance defining the speclai neighborhood imaro e- pursuant to chapters 73 and 74, Any property identified ment distfle1 Jf af1er presentation of the petlllon~all"lg for eminent domain by the district shall be subject to the for creation ot Ihejistnct approval of the local governing body before eminent do, (0211 Within 1') days after He closing 01 regls:rat:. n, main procedures are exercised, the city cierI< or the SUperVisor of elections sha1l3en a (h) May prohibit the use of any district power author, ballot to each elector at hiS ,aSI ,k,nownrnailing addr,SS ized by s. 163,514. by fllst-class United States mad The ballot s'la!1 In, (2) A referendum to implement a special residential elude or business neighborhood improvement district shall be a A descr,ptlon of the general pro\lislons:>f 'lis held within 120 days atter the occurrence of one of the section appllcaeJle to speCial residential nelghborh' OC following: improvement districts; and (a) The governing body of the municipality or county b Immediately following said in1ormatl( ~ '01 declares, by the enactment of a separate ordinance pur, lOWing: 980 " """ "~.II"''', ... " F: '59 INTERGOVERNMENTAL PROGRAMS Ch. 163 --~.- ~._----~-- ----_.---- '00 you favor the creation of the (e)l Within 15 oafs after the ciOSlng of the 'eg!stra' Special Residential Neighborhood Improvement tion list, the city clerk or the superIsor of elections shall District and approve the levy of up to 2 mills of ad send a ballot to each registered freeholder at hiS last valorem taxes by such proposed district? known mailing address by first-class United States mail. _Yes. for the Special Residential Neighborhood The ballot shall include Improvement District. a, A description of the general provISions of this _No, against the Special Residential Neighbor- section applicable to special bUSiness neighborhood im- hood Improvement District.' provement districts, 2, Ballots shall be returned by United States mail, b, The assessed value of the freeholder's property; c. The percent of the freeholder's Interest In such or by personal delivery, property; and (f) All ballots received within 120 days after enact, d, Immediately following said information, the fol- ment of the ordinance or presentation of the petition de. fining the district shall be tabulated by the city clerk or lowing: the supervisor of elections, who shall certify the results "Do you favor the creation of the _______ thereof to the city councilor county commission no laler Special BUSIness Neighborhood Improvement Dls- than 5 days after said 12Q-day period, trict and approve the levy of up to 2 mills of ad va- (g) The electors shall be deemed to have approved lor em taxes by such proposed district? of the provisions of this section at such time as the city _Yes, for the Special BUSiness Neighborhood clerk or the supervisor of elections certifies to the gov. Improvement Dislflct. erning body of the municipality or county that approval _No, against the Special Business Nelghbor- has been given by a majority of the electors voting in the hood Improvement District." referendum, (4)(a) The referendum to implement a special busi- 2, Ballots shall be returned by United States mail or ness neighborhood improvement district ordinance shall by personal delivery. be held as prescribed in this subsection, (f) All ballots received within 120 days after enact- (b) Within 45 days from the date the governing body ment of the ordinance or presentation of the petition de- of the municipality or county, whichever is appropriate, fining the district shall be tabulated by the city clerk or enacts an ordinance pursuant to subsection (1), or is the supervisor of elections, who shall certify the results ented with a petition pursuant to subsection (2)(b), thereof to the city councilor county commiSSion no later "lat the boundaries of the proposed improvement than 5 days after said 12O-day period district are defined, the city clerk or the supervisor of (g) The freeholders shall be deemed to have ap- elections, whichever is appropriate, shall certify such or, proved of the provisions of this section at such time as dinance or petition and compile a list of the names and the city clerk or the supervisor of elections certifies to last known addresses of the freeholders in the proposed the governing body of the municipality or county that ap- special business neighborhood improvement district proval has been gIVen by freeholders representing in ex- from the tax assessment roll of the county applicable as cess of 50 percent of the assessed value of the property of the thirty-first day of December in the year preceding within the special business neighborhood Improvement the year in which the ordinance was enacted or the peti. district. tion was presented, and the same shall constitute the (5Xa) The city clerk or the supervisor of elections, registration list for the purposes of the freeholders' refer, whichever is appropriate, shall enclose with each ballot endum required under this subsection, except as other, sent pursuant to this section two envelopes. a secrecy wise provided in this subsection. envelope, into which the elector or freeholder shall en- (c) Within 45 days from compilation of the freehold- close his marked ballot; and a second envelope, into ers' registration list pursuant to paragraph (b), the city which the elector or freeholder shall then place the se- clerk or the supervisor of elections shall notify each such crecy envelope, which shall be addressed to the city freeholder of the general provisions of this section, in- clerk or the supervisor of elections, The back side of the ~ing the taxing authority and the date of the upcom- mailing envelope shall bear a certificate in substantially 109 referendum, and the method provided for submitting the following form: corrections to the registration list should the status of Note. Please Read Instructions Carefully Before the freeholder have changed since the compilation of the tax rolls, Notification shall be by United States mail Marking Ballot and Completing Voter's Certificate, ancI, in addition thereto, by publication one time in a CERTIFICATE newspaper of general circulation in the county or muniCI- pality in which the district is located, I, _, am a duly qualified and registered (voter or (d) Any freeholder whose name does not appear on freeholder, whichever is appropriate) of the proposed the, tax rolls compiled pursuant to paragraph (b) may (name) (Special Residential or Business, whichever is regIster to vote with the city clerk or the supervisor of appropriate) Neighborhood Improvement District; and I elections, The registration list shall remain open for 75 am entitled to vote this ballot. dayS after enactment of the ordinance defining the spe- !Voler's SiQnalUlel "1aJ business neighborhood improvement district or af- Note: Your Signature Must Be Witnessed By Either: r presentation of the petition calling for creation of the 1. A Notary or Officer defined in Item 6.b. of the In, ..ilStrict struction Sheet 981 179 Ch. 163 INTERGOV-'~RNM~NTAL ~R09RAM~__n__ S i:}89 Subscribed and sworn to before me this ___ day of directors sTeal! organize by elc _,19_ IOfflCl8.1 Tille) ,My Commission Expires this chairman and a secretary, ar:;j ,,13, _ day of _, 19_, and legal representatives as (jeerricd cUi_ (Do Not Use Impression Seal) shall serve at the pleasure of the !)oarC ~\!!lLQLQ!fs'.,ll_ such compensation as shall tl€ ")'(3d 0, (Addressl --1G1!yj~fl._ secretary shall keep a record of the piC Or distnct and shall b€ custodian Of of the district. The directors shall !lOt ~e'x:<c 2,', 2, Two Witnesses 18 Years of Age or Older as pro- pensation for their services, 110r f11ay (hi", tY3 el1\p, '/e1 vided in Item 6,a, of the Instruction Sheet. by the distnct (First Witness} (8) Within 30 days of the appruvai a special neighborhood imprc/c-y,i3nt 'et {Address I -1Q1YL~\OJQ , trict is in a muniCipality, a ma)crlfy)f 1"8 .:1' if: (Second Wltnessl of the municipality, or If the d,stfic!s {Address} ~"I~L ed area of the county, a maJorlt)' (;f 'he sion, shall appoint the three dll€,~t)rs pre ..,de;] fel 'iii("1r (b) The statement shall be so arranged that the slg- for staggered terms of 3 years Pie nature of the elector or freeholder and the attesting wit- shall be as follows one for a 1 )',,,al " ness or witnesses shall be across the seal of the enve- year term, and one for a 3-ycar :UTi E lope, The elector or freeholder and the attesting witness hold office until his succeSSor I', apPOI/-"i c a. (j .:;:;'1'1":': or witnesses shall execute the form on the envelope. unless the director ceases to be ::;uzuicJ t:, del (6) The city clerk or the supervisor of elections shall rector or is removed from office '>;acdf!' .,,; ',.1 enclose with each ballot sent to an elector or freeholder shall be filled for the unexpired portl':r' pursuant to this section separate printed instructions in same manner as the Initial aOpJ,~itr it:':C, 1,,1 (' substantially the following form: (9) Reappointment of the:;rrec:,)[ s,cial !)<,ci: cc rn READ THESE INSTRUCTIONS CARE FULL Y plished in the same manner as the (l["C)CI;- 't'-'I!? ~-'1"~ BEFORE MARKING BALLOT, by the governing body of the n"H'i"~":'~J (- ~'1:r 1, VERY IMPORT ANT. In order to assure that your months prior to the reappolfltr'cnt jat(' ballot will be counted, it should be completed and re- (10) The governing body of a rr.JIII:'lpa!I'l turned as soon as possible so that it can reach the city may remove a dlfector for IneffiCiency t I!; :JI, clerk or the supervisor of elections no later than 7 p,m, or misconduct in office only after a t'learnl] 3r-0 Jil, on the (final day of the 120-day period given here), he has been given a copy of the charge3 at 'ease Ie da 2, Mark your ballot in secret as instructed on the prior to such hearing and has had an cppCrllJ'It{ to t)e ballot. heard in person or by counsel A ,'aranc '-:,r eatej 3. Place your marked ballot in the enclosed secrecy shall be filled as provided hEren envelope, (11) The district may employ a mana,y::ri.nc :;:':al: ['2 4, Insert the secrecy envelope into the enclosed a person of recognized ability and e.penence, lC serve mailing envelope, which is addressed to the city clerk or at the pleasure of the distnct The rnanager may employ the supervisor of elections, such employees as may be necessary tor t he pi ope' ad 5. Seal the mailing envelope and completely fill out ministration of the duties and functions of the dlStflct the Voter's Certificate on the back of the mailing enve- However, the district shall approve such pOSitions and lope, fix compensation for such employees. The (jlstrict may 6, VERY IMPORTANT. Sign your name on the line contract for the services of attorneys engineers consul. provided for .(Voter's Signature): tants, and agents for any lawful purpose of tt'IE,' ,jistnct a, Persons serving as attesting witnesses shall affix (12) The directors shall be subject to the code of eth' their signatures and addresses on the Voter's Certifi- ics for public officers and employees as set forth in part cate, Any two persons 18 years of age or older may III of chapter 112 and to the requirements of the publiC serve as attesting witnesses, records law and public meetings law IfI chapters 119 b, Any notary or other officer entitled to administer and 286, respectively, oaths or any Florida supervisor of elections or his deputy (13) Any special neighborhOOd Iff',pro!,ernent dlStflC' may serve as a sole attesting witness, The sole attesting created pursuant to ss, 163501-16.3522 shall cease te witness shall affix his signature, official tille, and ad- exist at the end of the tenth fiscal year of operation I dress to the Voter's Certificate. Such a district may continue In operatIOn (.;)r subsequen' I 7, Mail, deliver, or have delivered the completed 10-year periods if the continuation of the district IS ap mailing envelope, Be sure there is sufficient postage if proved at a referendum conducted pursuar>t to ss mailed, 163,501-163,522, Said referendum shan be held upor (7) The business and affairs of a special neighbor- one of the occurrences speCified In subsection (2 I hood improvement district shall be conducted and ad- Should the district cease to exist, all property owned b) ministered by a board of three directors who shall be the district shall become property of the muniCipality 0' residents of the proposed area and who are subject to county in which the district IS localed ad valorem taxation in the district Upon their appoint- (14) In the event the district is dissolved.. the properl\ ment and qualification and in January of each year, the owners in the district shall make alternate arranger' 982 180 - po ____---~ ~~. ~ jNl!,~<;OVE,,~~!'I~L!ROGRA~L . ~ ..~~ ~- - --~ ---- <:h~~ t,,,~,<3 to the debtho\ders and local governrr ents a1Iutl\\Ze cflme prevention through enVlfonmental de' ,lfIg to payment of debts 5'9' strategicS and tacticS ,,-5 61 ct' 87-243, S 28, ch 88-38' \6) part,clpate In the Implementation and eiecution 1.513 Crime prevention through environmental 01 sate neighborhood Improvement plans, including any establishment, aCQUIsition construction, ownershiP, fi- In functions of neighborhOod improvement dis- nanclng \easlng, licensing, operation, and management I.-All bOards of local governments, property own- 01 pUb\lclY owned or leased faCIlitieS deemed beneficial associations. and special nelghbor\lOOdlmprove- In el1ecllng such Implementation lor the publiC purposes t districts created pursuant to ss 163501-16-3522 sllpulated In s 163502 However, this subsectlon shall I: not give the board, association, or special district any ) Collect data on t\le types, frequency, severity, power or control over any city or county property unless , location of criminal activity occurnng In the distrICt, and until aSSigned 10 It by the city or county governing luding determination. from surveys and other re' body lrch techniques. of the level of crime as perceived by (7) Ensure t\lat all capital improvements Within the ,ghbO'hood 'esidenls and compa"son 0' lhe lypeS 0' dlstflct are conSistent With the Capital Improvement me in the district on a per capita, c'ilywlde, and coun' Plan of the Local Government comprehensive Plan, Nide basis, Hlllory,-' 62 en 87 -243 (2) Provide an analysis of cnmes related to land use 163,514 powers of neighbOrhood improvement dis- ,d environmental and phYSical conditions of the dis' IC\' giving particular attention to factors WhiCh support trictS.-unless prohibited by ordinance, the bOard of any dis\flCI s\la\\ be empowered to: , create opportunities for crime, which impede natural (I) Enter Into contracts and agreements and sue urveillance. which encourage Iree circulation tNough and be sued as a body corporate, 1e district. or which hinder the delense 01 SOCIal ~errito- (2) Have and use a corporate seal. es perceived by residentS as under control, Any factor (3) Acquire. own, convey, or otherwise dispose of. ,sed to define or describe the conditionS of tM p~,ysical lease as lessor or lessee, construct, maintain. improve, nvironment can serve as the baSIS 01 a cfln,e-to- enlarge, raze, relocate, operate. and manage property nvironment relationship,lhese factors include streets, and faCIlitieS of whatever type to which it holds title and ,lleys. sidewalkS, residential blocks, pOSition of dwell, g,anl and aCQoi,e licenseS, easements, and oplions wiih ngs on a blOCk. single vs, multifamily dwellings, aban- respect thereto joned houses, parking areas and parking lots, Informal (4) Accept grants and donations of any type of prop- ')at' s. functional areas 01 the environment, traffiC erty, labor, or other t\ling of value from any publiC or pri- 10V\. terns, and the existenCe of barriers such as vate source, ences. walls. gullies. and thic\< vegetation, (5) Have exclusive control of funds legally available (3) Determine, from surveyS and otner data collee- tal\' sublect to limitatIOnS imposed by law or by any ~ion techniques. areas within the district where modifica' agreement validly entered into by it, lion or closing of, or restriction of a.ccesS to, certain (6) Cooperate and contract witn other governmental streets would assist crime prevention and enhance agenCieS or other publiC bOdies, neighbOrhood security for property owners and res!- (7) Contract for services 01 planning consultants, ex- dents, perts on crime prevention through environmental de- (4) Formulate and maintain on a current basis for sign, environmental security. or defensible space. or oth- each district short-range and lOng-range projects and er experts in areas pertaining to the operations of the plans which the crime-to--enVifonment analysis, includ- board of directors or the district. iog surveyS and citizen participation. have determined (8) Contract with the county or municipal govern- are applicable and appropriate for crime prevention ment for planning assistanCe, and for increased levels through environmental design strategieS and tacticS of law enforcement protection and security, including and which will improve the attractiveness and security additional personnel. of the district by reducing criminal activity. will stabilize (9) Promote and advertise the commercial advan- neighbOrhoodS and enhance property values within tne tages of the district so as to attract neW businesses and district. will promote proper use and informal control of encourage the expansion 01 existing businesses, residential streets within the distric\' will improve public (10) Promote and advertise the district to the publiC facilities and amenities and provide for territorial control and engage in cooperative advertising programs with 01 streets and areas within the district by legitimate us' businesses located in the distriCt. ers, and will increase the probability t\1at persons wno (~1) Improve street lighting, parkS, streets. drainage, commit crimes in the district will be apprenended, utilities, swales. and open areas, and provide safe ac- (5) Prepare and initiate actionS deemed most suit, cess to mass transportation facilities in the district able for implementing safe neighbOrhood improvement (~2) Undertake innovative approaches to securing plans, including modi1ications to existing street patterns neignbOrhoods from crime, such as crime prevention and removal, razing, ref'\Ovation. recons\ruc\\on, remod' througtl environmental design. environmental security, ellng, relocation, and improvement of e)(,~)ting structures and defensible space, and facilities. and addition of new structures and facili- (~3) Privatize. close, vacate. plan. or replan streets. ties, and coordination with other agenCieS providing reI, roads, s',dewalks. and alleys. subject to the concurrence e,,--.t informational, educational. and crime prevention of the local governing bOdy and. i1 required. the state es, lhe preparation of actions for implementation Department of 'Transportation, 983 181 Ch. 163 INT~BQQY_E:B!'!Pt1E~TAL PfWGRAMS is, 1989 (14) Prepare, adopt, implement, and modify a sate (4 : -')f neighborhood improvement plan for the o/stnct :he c (15) Issue revenue bonds pursuant to chapter 125 or dlSb,t chapter 166, shan t> (16) Subject to s, 12, Art. VII of the State Constitution, taxes Ii SO reC~Ut?str=:d t pledge the revenue under its control to the payment of ant 1c: 1 9? 3&3 revenue bonds, HI.tN)" ~,..l 5 ,-'~~ '>' 381 (17) Identify areas with blighted influences, including. 163,516 Safe neighborhood impr:)iemenl plans," but not limited to, areas where unlawful urban dumping (1\ 1\ safe Ilt:'lgr:bc"":cod Imprc.\c'-ct alar man. or graffiti are prevalent, and develop programs for eradl- .date,j lor all I.>:xj ,mpiO\ tl" jls"cIS The cation thereof, plan ,fa:! c:o,ta'n al ,::,',' Ire f(,I\o'.\I' i,:.:::rni:,r\t (18) Make and collect general assessments to fl (31 .!--,".:? \jistr<:! nance any of the improvements to the dist[lct authoflzed ib) j'::rirn(: activl~) and J'j', I in this section, (CI :,.aneJ IjS'; CO! J ~,GUSII"[; " .: "aff, ,,oa,ys,5 (19) Exercise all lawful powers incidental to the effec (d: [je te~ rn 1'18 tl'J: ::1e probe," 'he tive and expedient exercise of the foregomg powers enVlfC ,i-r:(r~ re'at:on':,:" C ;.1.niJ tr,e I, of ~,-. 63, ell 87-243; . 29, ch. 8S-381 bOlrL",C :[lp:c,8','e' ~'-::'cct. 163.5151 Fiscal management; budget preparation, ~;,1c:tun8rr: 0' .. Ji:;trlct (1 ) Subject to agreement With the local governing (1) /4,ssessrner: ~ '--'-8 r,ie :::('.' rOflf1i,ntai ,d8Sl]l' str ,,' '.' ~;'i,;', and 'd': body, all funds of the districts created pursuant to ss piled 'CJ t>-,e C'ir'18-': C"",'rorW'1i"'1 l~I':)r';'''i~) u'ot': 163,501-163,522 shall be received, held, and secured In the same manner as other public funds by the approprl len-", (g '~C,,:l eslina',,' TO the, ' r!J"',c,r:9 ate fiscal officers of the municipality in whIch the district (1-, C)ul!ne c P"<; ""', part,,; Cc" , dr'l] tr(;'lr fun, is located, or the county if the district IS located in lhe tlons "II;j respOl1S,t'" unincorporated portion of the county, The funds of the (II ScJledlJe fa' '(-':'.Jt,ng P' >;:'" 1;1 "'s district shall be maintained under a separate accoun' ,'.aluatlcn ;;'v 'es shall be used for purposes authorized by thiS act, and E\/erv sa~e nt:"~~""'r_~'Ofr:ood .;:".e '! CI,a'- sr~;.!;~ shall be disbursed only by direction of or with approval shc',\ t}y (j,ag.am ac~c tly gene'], ,- Jrlatj~ of the district pursuant to requisitions signed by the (a Such proper: y as IS Ini2n,j(-; UC'" as pLL ~ manager or other designated chief fiscal officer of the par> leoreat,o'1 areas streets putl" ,I),tl", and pu:" district and countersigned by at least one other member IIC 1f"prO',81Y1ec;'s c' a,y nature of the board, (r SORclf,e ,del,.,f c:a'len of e,y"",(led (2) The district bylaws shall provide for maintenance lta1 ~)rCjects to De u"'<~ei\a~,en \", ~r;:- e d, ~'ct of minutes and other official records of its proceedings Acequa:e safe;Judrds (ha! '.', ,"10'0 ,'--,en' l. :, and actions; for preparation and adoption of an annLai be camed out pur"uant to tre pr budget for each ensuing fiscal year; for internal supervl I(j I PrOVISion for U"8 retenlte:! 0' <::11'1015 "rod the IS sion and control of its accounts, which function the ap- tat)I,shrnent of an, '-?sirction, or )\ien:-:?ri(S runnl'"lQ propriate city or county fiscal officers may perform for Wllh land sold or leaseo tor private 'or the district at its request; and for an external audit at of (,me and urlder such COndltlor''; as the govern"19 least annually by an independent certified public body of the munlopallty In which tn" Olstrl(:I IS located accountant who has no personal interest, direct or indl' or jrle county If the district IS located the ullil1corpora1 rect, in the fiscal affairs of the distriCt. A copy of the ex, ed portion of the county deems ne,:essary effeeil,ate ternal audit shall be filed with the city clerk or the clerk the purposes of ss 163501-163.5;'2 of the court, whichever is appropriate, within 90 days af, (e'i ProJec1ed ccsts of Improvemults, irlciudlng the ter the end of each fiscal year, The bylaws shall speCify amount to be expended on publiC, fmdeC capital prol the mearfS by which each of these functions is to be per, ects In the dlstrrct and any inrjebtejness of the district formed and, as to those functions assigned to distrrct the county or the munlc!pallty propo<,ed to be incurred personnel, the manner and schedule of performance If such Indebtedness IS to be r8l::'.3IIJ With I]istrlct (eVe (3) Each special neighborhood improvement distnct nues shall establish its budget pursuant to the provisions of :1) Promot,on advertislI1g ::<grams to be un' chapter 200, Prior to adoption of the final budget and deltaken by the dlSlr<et or in COnjl.l'l(tlon \', lh bUSlflesS' setting of the millage rate to be levied by the board, the es In \t,e district board shall submit a tentative budget and proposed mil, '9) Suggesteo physlcallmpro,',:,c';enb neceSSary tc( lage rate of the district to the governing body of the mu' th.e safety of reSidents In or V,Sltc" s 10 the dlstnet nicipality in which the district is located. or to the county (h) Increased law enforc:eme'l and s,ecunty plans if the district is located in the unincorporated portion of for the dlstnct , ," ~ the county, for approval or disapproval. Such governing (3) Hle safe Clelohborhood Ir-Ip'c.vemenl plan ",la body shall have the power to modify the budget or mil. (a) Be consistent With the adopted comprehenSive lage submitted by the board, Subsequent to approval, plan for the county or muniCipality pursuant to the L~~ the board shall adopt its final budget and millage rate Government Cornprehenslve Planning and Land Oe<,e in accordance with the requirements of chapter 200 opment Regulation A.ct. No district pian sf1all be In1pl& . 984 182 ,___- ....,.---,. ~,,' '. .s, ; ~'9 INTERGOVERNMg~I~LJ:)~QG~A~, Ch.163 l , " detcl,TlnCcd '0 ",JC", d'strlcts other than for the preparation of the I "I., I, safe cornrnunlty or business improvement plan, ( f.::. cr";f C: ir':~ (-te ~;J Ific!.=:a:e Such iand ac- Hlltory.-~s 65 ch 87-243 J Of (;t t1 3Jj . b,d 01 st'uctures, street . lC i '::;,' ("3 "']. ,,'orr.-,.:"1' J"d re~'i3b,:1!3Iton 2S may 163.517 Safe Neighborhoods Trust Fund.- 3 r- ;"i::', l:r' ~arr '.:',j )'Jt in t'lC d:stflct (1) The Safe Neighborhoods Trust Fund is hereby ( f:" J.' e rret",jj tor ar'd measurement of created. The purpose of the trust fund shall be to pro- :e ":Jl 'Ii YI :,' Cr Te /.:th," ,fie dlS TrICt vide planning grants and technical assistance on a 100- (: ~",e C,:1Urcty mur,'c'palit'i or district may plepare percent matching basis to the three types of neighbor- , (a :St' to 8e prerared a saf~ neighborhood Improve, hood Improvement districts authorized by this part e ,)1,--, cr ""j ::c'rsn or a;;ency publiC or pwate Planning grants shall be awarded in the order in which a ,It "I,' '. a [13n '0 a:'htr<ct rrlor to Its cOl'slder, applications are received, provided the threshold criteria tic ,I ;.J",; 'lg'rJor')OCI1,provunent plan the dls' In subsection (4) are met, as follows: C' '103 S,J:)T: sl./~h ,[a" '0 the loca! governing body (a) Property owners' association neighborhood im- r ';. e,', a'1] t. 'jtte~, apJrc vd' 35 to Its conSistency With provement districts may receive up to $20,000, ie 'c=a glwc',T,erl! c"mp'ei1er':slve plan The dlstnct . (b) Local government neighborhood improvement IU' t :)€ 'lCli!."~ cf apr, rOd' cr disapproval wltrlin 60 districts may receive up to $250,000, ay; 311::r ree'.' lit ihl' CLjr ',y reilew and a reVised (c) Special neighborhood improvement districts 3n "I \,';,:. r:an ,y'ay De :,d"i'!,tteo to satisfy any In, may receive up to $100,000, )n, Ie cie, Tne 'j,st',ct 'Tay not proceed with the (2) Each local governing body which creates a af( ! ':!f:tClrr'c.e,d rnprC'iernent plan until final approval neighborhood Improvement district is eligible to receive g ,"" :. ( t"e xa: go,er~n,;; body an a'locatlon of up to $30,000 to employ the services of (E P ,if ': ~jC[tIO, of U',e safe neighborhood 1m. technical experts in the fields of crime prevention '0\ ""~I€ ~ DI,j', ,r"" tn::w::l s:,al' ric-ld a publiC heanilg on through environmental design, environmental security, 1e ) 3.n ifter publiC nOI'ce teereof by publlcallorl In a or defenSible space ~'o\ ":ar,,r of;ener ,~I clr;ulaticn in the county or munlci, (3) Any funds deposited in the Safe Neighborhoods alit,' "V, hie" the O!::trIC' IS ioc2ted The notice shall de, Trust Fund and not needed for distribution may be in- ;rit '8 :h:' ti'Tejate place ana purpose of the hearing: vested pursuant to's, 215,535, with the interest earned :er F e tlo~nda',es )f the district and outlm'3 the to be deposited in the trust fund, 9n,' I ~" ;ope cf thi:: plan (4) Applications for planning grants from the Safe (f :. [)ccif'j aHer trle publiC ,'leafing, may approve Neighborhoods Trust Fund shall be evaluated and con- le t1igr1tKrhocJd 1,~lprJ\ement pian ,f It finds sldered when the following threshold criteria are met: (a TI>" p,afl has t,ee"1 approved as consistent With (a) Verification that the local governing body has Ie x ;;11 ::or'oreheciSive plan by the local gove'ning passed an ordinance creating neighborhood improve- xL, "I)~ ment districts, (b TIe piall wi .m;:iove the p'omot,on, appear, (b) Verification of commitment to provide matching 1ce. safety security an(1 publiC amenities of the ndlgh, funds for purposes of planning for neighborhood im- ort-,o'ad Improvement district as st:pulated n s, provement districts, A local match may include in-kind 53502, services such as office space and supplies. The fair mar- (7) If, at any time after approval of tr,e safe neighbor- ket value of such in-kind services must be documented, 'Xld nip' JIJe11ent pian, I' becomes deSirable to amend (c) EVidence of commitment from neighborhood or- r mod f) the plall tne boaf(j may do so, Prior to any ganizations, homeowners, property owners. business or JCh 3fllE:'ldment or cnod,f'ca',on, the board shall obtain merchant's associations, or concerned individuals to ritten approval of the local governing body concerning partiCipate In the activities of their neighborhood im- Xlformity to ,he local government comprehensive plan provement districts, fld hold a pub:,c hearing on the proposed amendment (d) Need of the community for neighborhood im- r modJicatlon after public notice thereof by publication provement districts for purposes of reducing crime, in- 1 a neW'S:Japer of general circulation In the county or eluding the degree to which crime data indicates an es- lUnlClpaUy In which the district IS located The notice calatlon of criminal activities which impact area physical hall je scribe the time, place and purpose of the hear- and economic conditions, identification of environmental 19 and generally describE:' the proposed amendment or factors which support criminal activities, previous crime IOCMlcatkm, prevention plans and efforts which impact the physical (~) Pursuant to ss 16.3 3184 and 163,3187, the qov, envrronment, excessive traffic counts for residential rntng tlOr::ly of a muniCipality or county shall hold two roads, and cflme rates in enterprise zones and in busi- U.bhc hearings to conslcjer the board-adopted safe ness and commercial areas, '3tghborhcod Improvement plan as an amendment or (e) Capacity to successfully implement neighbor- lOdlfcatio,n to the mumci::J3i1ty s or county's adopted hood Improvement districts, including knowledge of and >CaJ comp'ehenSlve plan ability to utilize crime prevention through environmental ,(9) A safe nelghbcrhood 1r1prOvement plan for each design and defensible space strategies and techniques. ,stnct Shall be prepared and adopted by the munlcipali- organizational structure which utilizes trained experts in ~ or r:cunt/ pnor to t[le le',y and expenditure of any of crime prevention. community planning, environmental ;l8(jS of any tax assessment or fee authorized control, and engineering, 985 Ch. 163 INTERGOVERNME ~I'f At .~(, ~ !/~ f<,"::= F.S.1 -,-------~,_._. -- - ---- (5) Population distribution of Florida's cities 3ncJ err, ;;' a ffi3tcning grant for cap- counties shall be considered in order to give COmrllunl 'a! ~ t ': r 3 rernaining 75 percent of ties of all sizes an opportunity to benefit from the materl' thf -i 3 ''':.t:'' CI pe in which the district is 10- ing funds provided by the Safe Neighborhoods TruSl :::al, Fund for the establishment of neighborhood Improve Hi,!,;) 1;1-381, ment districts, 16l5, II)pml!nt programs.-Any Hletoly.-s, 66, Ch 87-243, 'Note.-Section 215.535 was amended and transferred to s 18125 by s 2, :' COI_il " 1 HS authorized the creation 87-331. Nole, however, that generally a specifIC cross-reference IS "naMeOed by of al n',' ~I...t to s, 290,0055 which has subsequent amendments to or repeal of lhe statute See Preface. sup'. P VI" sla', lit ) s, 290,0065 is directed to 163.518 Crime prevention through environmental 9i\'( )1 E atior of a neighborhood im. design program.- The Department of Community At rye.. n- ' ., ~ d area, fairs shall contract with the Department of Legal Affairs Hi&t y ~ ~ to create within the Department of Legal Affairs a clime 16:)523 Sal,' nei",; I 'I' ood districts; cooperation prevention through environmental design program This program shall act as the repository of crime prevention and :,)\io),€'mer< of c" L ,ity f)rganizations.- To the through environmental design strategies, prlnClpies e!.l.- ~~ , t~, _.,1 II ...ments may cooperate and and tactics; environmental security plans and proce' 50__'(" - ,,-,,: , ):nmunity organizations such dures; defensible space techniques: and safe neighbor as Cf c )mmerce, community devel. hood plans, The program shall: (';.:_W I' ~ ; assc.ciations, neighborhood (1) Utilize staff and provide crime preventlor, he'.. n, hagu,es, and other not-for- through environmental design and defensible space ~Ji~; :. elation of safe neighborhood training, ~f 1\ nt (Ier this part Any neighbor- (2) Provide for consultant contracts for statew'dE: ' , ;t may enter into agreements training on safe neighborhood development for plan i f or9anizations to undertake ners, engineers, local officials, property owners aSSOCi )Iized under this part, except ations, and boards of directors of special neighborhood th p ~~ '2 I Ileighborhood improvement improvement districts, D!d S p"';~ : strict may compensate any H1etory.-s, 67, Ch 87-243 J........ . alue of its service. However, s_ r )t e)(ceed 1 percent of tlw~ 163.519 Duties of Department of Community Af- ~3i j strict The community Of fairs.- The Department of Community Affairs shall Zd' )r ';]"y -:1 C~, , ;t wittl the district to pro, (1 ) Develop program design and criteria for funding "'n '~I t I i";:-:t 1/:,( r projl3cts implemented in the neighborhood improvement districts, ' , )~rvicl~s shall not exceed 2 per- (2) Carry out the development, promulgation, and :1 for the district's project for revision of rules required for the operation of the Safe 1'>1" EI rendered. All service agree- Neighborhoods Trust Fund. ("I'! !',coe Jility organizations shall have a (3) Develop application and review procedures . f~" 9\.\,: i )'e !;er than 3 years. A district may (4) Provide advice and technical assistance to loca, re< el fJr,,) tl organizations in connection government units, property owners' aSSOCIations, and '^' !'l 'r', oer!, 'an Hny of the functions authorized boards of directors for special neighborhood Improve I[' uart ment districts in their efforts to promote the goals of the .',,"WI) "f;.. Safe Neighborhoods Act and to apply for planning grants, F'ART V (5) Review and evaluate applications for planning assistance. REGIONAl '-RANSPORTATION (6) Provide for contract management, including the , rHORITIES review of contract close-out reports for accountability and conformance with state law and the required admin, h-3:)';:, ~ 1 t I' I istrative procedures, . tJ3 :'66 "niLe (7) Evaluate program performance in light of state 63 ::t,7 ;!iY"IC1 I~,port'ation authorities. objectives and future trends and opportunities and pro, ")3 ::(=;E; ~~: ~ ;:.t' I : powers, pare recommendations for the Legislature 1')2, 5t:9 (1m regulation, HIetory.-s~ 68, Ch~ 87-243 '<33:', (; II' taxation, 163.521 Neighborhood improvement district inside 'r32b ~ :,mds. enterprise zone; funding.- The local governing bOdy of 3~! t I )ar:~:;: f area, any municipality or county in which the boundaries of an 163565 . . - Ths part shall be known and enterprise zone include a neighborhood improvement 1"'\8.) tie ~ngional Transportation Authority district may request the Department of Community Aj, aN fairs to submit a budget request to the Legislature Ie Hh,t,)"y.'-' I Ch. 73-278, fund 100 percent of the capital improvement costs for - 25 percent of the area of the enterprise zone in which 163,566 Defkntt, Ifl.--As used in this part, ar the district or portion thereof is located. The local gov. ess 'he text ' 1'/ indicates otherwise: 98,: 184 . - - -- APPENDU J: PRESS COVERAGE OF . BAHlER'S ROW REDEVELOPMENT / I ~HB New 'y~R~ TIldBS. SUNDAY. ,NOV.BMBBR 18, 1990 - ..OJ . I , 1\' -,.. ,,' "" . -j . , I .. I 1'" , ~ '. " J, , 1 , . ~ '. ,... \ ~ .' .,. ,.... '"' '" 1M n.. ..... yO,' ,._ Banker's Row cottages that were restored in De1ray Beach, Fla. -., . : Although lis popul!lI ion is mainly full , Delray Beach, Fla. ' . I time, It still grows in the winter by about Rebuilding 8,000 - part. time residents and lourlsts for ,,'hom holels and restauranlS have .' .' sprung up. 1: : Downtown A few years ago. concemt'd about I cr~ping dO\\-nIO"'n b1ighl.the hair slyllst. Norman Radin. \\'00 owns. salon In lhe area, founded Ihe Pineapple Grove , .' THREE years after a local hair slylist Support Group, II began lobbylnR lhe city . ,. , rallied his nclghbors with a vlskm of for money and for re<oltn1llon of Ihe .r. , a Ihrlvlng arlS communlly In whal u's potential. : was then a decaying downlown neighbor. The group got the CHy Commission 10 hood, Ihis ^"anlic coast city about 50 approve the name change, 10 provide !' miles north of Miami Is benerillng from Irash re<eptaclcs bearing a rinupple . bolh public and privllle InvestmenL logo /lnd to rCMme thc nrl~hoorhood'. ,- More than S3 million of a S21 million main thoroughfare Pinl'apple Grove Way. . . city bond Issue has ~n earmarked for laSI Yl'ar Ihe cit)' com milled the S3 t the neighborhood. a 24.square-block aru million In bond mone)' to Pinl'apple Grove . that has been ofrlclally renamed Pineap. projtClS, Including a 526 million conver. ~. pie Grove In recognition o' what was once slon of IWO historic school houscs Into. .. . major local product. complex of art galleries. studios. shop. . .. , The area, the oldest part of the down. and lln auditorium. and 1500,000 In such a. town. Is home to about 400 of ~Iray public improvements as new slr~lllghlS. ~ Beach's 47,000 residents, They live in The slate 8'll!ardt'1:S the city a 124,000 If Medilerranean Revival style homes thaI matching grant to prepare a historic ren- range from mansions to cottagl's, There ovation plan for. fi\'e'acre portion of . Is 11Itle residential turnover, and houses Pinl'3pple Gro\'e kno"'n as Banker's Row. currently on the markel are prked from An artists' coJony In the 1920's. /llaler fell "" $65,000 to $95,000. There are also some 200 victim to neglccl. Today, several of I' l businesses, among them gift and antiques historic slructures have been or are bethl shops and service slores, prlvalely rellort"d, . t Settled by a handful of fruit farmers in The clly's Community Rrdl'vl'lopment the early 1890's, Delrsy Beach Brew Agency Is _-orking out an Incentive pack. steadl1y aher the Florida East Coast .ge In which o"'ners or buyers of Bank. ; Railroad reached It from Ihe North In er's Row pro~rly .'ould ~el Jo""lnle~sl .~ 1898. By the 1920's, it was widely knoYo'n as loans 10 rehabilitate lht'lr rropt"rlll's. . I a winter resort. MARCIE CLOUTIER 185 ~ ," / #... l '"to - - ", \. 'I " DeAL NEWS The Ne~. Tuesday December 11. 1990 3C - ~ DELRAY BEACH .L . , Resto 14atio 11 14escues Ballliel.'s Row.; Residents retu111 ~ elegance to historic strf!et in Defray By AKTlfONY MARX :>i...n' Wlun:1I Neat, brightly colored bun- galows and imposing, two- story Mediterranean re\'ival homes line the 200 block of Northeast First Avenue in Del. ray Beach. It's a stark contrast to the same houses that sat boarded- , up and forgotten for much of ,-, the 1980s, degenerating into a ' . haven for squatters and drug . , dealers. . DAYIIIlCJC[l ",,: snl The once-elegant "Bankers ~ n~ works on renovations at his Banker's Row home In Del. Row, II where artists and busl. ray Beach on Monday. . nessmen lived In the 1 ~20s and . 1930s, took a nose-dh'e into School Square cultural center Across the stred, Bert Was. neglect when absentee and the Pinc3rple GroH arts . Rrman, bou~ht two of the landlords failed to supply basic district - is ideal for rede\'e). 'larger, Mediterranean homes : maintenance. opment. '. ..', ",' In 1987 and has spent about "These properties were In "It's a hot liUle area.' ThIs;. $75.000 fuml,atlng the houses area's going to become and .repalr ng electrical, danger of demolition," said tr~nd~', ':, said residcnt Gene r~::::.bU1~, and roonng, pro,b- Pat Cayce, the city's historic: preservation planner. "The fiSh:r. Boca ptQ~Je ar~ com- Restoration has become I city would have been left with 109 anto town. It S Jomg ,If futl-time business (or Frank i . vacant lots. It start to happen aroun bere: McKenny 'who Ih'es on the . . Fishcr bought tbe cottage at block and'rued up 8t least five ! But the street has undergone a remarkable transformation 223 NE First A nnue In July. bomt!.. .. in the last three ytars, as resf. and has. spent his tin?e and" Early' ncxt year, ~ om. money since chcn maJong te-. dais will use a $24, state dents began piJrcha<::!ng and pain. The 1,200 square-foot grant to slud)' the arca', revamping many of the block's structurc, which like many archilectural features ;lnd 30 historic homes. other houses on the block ,In- draft a plan to ImproH' build. Buyers say the neighoorhood eludes separate guest quarlers ing facades front yards, - just block~ from the city's in the back ) ard, is for sale at sidewalks, lighting and downtown, the new Old $85,000. Jandscaping.O -. ... .. ........ -.- . '. . -~ . . \ - 186 Allhough many oxperts say the war on drugs cannot be won, ,~ .- commissioners In Dolray Beach are sure going to give It a fighting try. Page 4 2 . 0.8 ' ,b ~. ~ .' ... \' .'" ~ 1'1';" '\ : .~ .: . ,.. I"" .1 1 .,~ .., ","' '. . : 'l. '" .' ~;... , .' " . , ~ , DECEMBER 21.1990 Happy Investing . Banl<er's Row... In ~oadays from your '. :ommunity ,'-10\ , . .. , - lewspaper I . I ~J~ , IIDA Y EDITION: - , - - Ie to our holiday . _~'I."" L....-J__'" Jduction schedule" ' ' ; 3 next edition at the ' , " ?/ray Bcacll Times lluu puulished 011 . : ~' " , iday, January 4. The .... , : ~ , - ' mcs will resume its gular Thursday lulica\ion the lIowing week, ' " ., I , ~~ UJ~t.r" - .. · ':!l.: : ,U ' ~ ENSlrlVE ISSUE: ".-#' ~; Jen wi\h a reduced - )nd issue proposal lor . - . Jyina nnvirnnrnnnlCllly \ " msitive land. there is Where otl1ers saw decay, Frank r.kKinney of Delray sa',\' cpportunity. Tile marriage ot Mcf<inney's vision and city ill hope of Hmanently efforts to encourage neighborhood preservation is saving Delray's Banker's Row. 'eserving the Delray Slerr photo by GIIlA FONT ANA aks...............PAGE 7. Entrepreneur's initiative brings new life to historic area ~XIUG PROBLEM; ltlto Attorney David 'Row' a ITIodel for neighborhood restoration udwortll doesn't think e SWA's special ;sessment is By .IefT Perlman 1927 awl thr peat depre,t;~ion fl't in, many of t he home~ on Bnnkcr'g How hod lnslilulional..PAGE 6. Staff Writer m;111}' of the h:HlKrr~ lo~t their }l(lllll'~ nR fallf'n illlo disH'pair. Some of the homes ~ In its 1920s heyday, the statf'h' 01," their ifl-"tituticn~ nnd personnl fort\lIle~ wprc nbandoneel fiIlel used nR aheltcr by - .. ~ , diterranean style houses in the 2()O block crumbled \'r1p.rnnl..., ), . of Northeast First i\ ,('nue were, Pi\ hees 'Ill!' b:llIk::: II "k O',l'r tl1f' r~:ill)[1 hflW:(,~, For \'1':11~. t II(' fIll lire of H:trIKCr'R How '0 . about 30 r.f Ihl'::l, anel r"I,!,lI.' l)('r~:lI1 to lOOKed bll,:dc , ~ _' Sl'llCS Grand g:1tf'g nnd call the H(\ck 'Jl:1l1kcr'.'1 How," A,filtillr, Entpr Frank T\lr1<inllcy, I ~\W l'ounlam8, . <lTt '~'t' the nrl':J altlxur- n::1m~ for ~n area defined by the TIft' and MclGnll('Y, n 27-y(';]r.olcl cntrepreneur, - plush landscaplH~ ~3,', .ll'5 of the bank bll of banh Faw an (lpportunit,v on Banker'R How .. ions look t.hat flt the hfcsty J\ breathe of fresh nir where others Faw nothing but neglect. '.'. J president.s who lived ~herc'kel cfll<;hed in In the YC'iH3 since the d('pT('s~ion, See HOW on Page 2 . But when the Bloc mar ' , I , Oh Christn7as tree, to recycle thee i Program makes mulch of second~and Xm.~.s tr~~sr 1 " I. cd U(", ion (oonh nill odurll... S\ \ A. :... ~ {Ii ".. , r Bv.JuclyVik 'I'll" tr('(' recycling pf('pnJlll~ co-:pol\s(l~('d.h~' ;~', '::, ~. i ~"'t,' StafTWritcr I' ' . \ liff' '\S the ~r:li(1 \','(I::tc j\uthorily and the South I'londa 1-. ;~, .. '. < . t e can ,}\ e ,\ Seelll\( . , . As . t' (', " r ~'\ Your Chnslmas re ' d 'I' Chrit;tm(\~ Tree Het.<\llers sOCIa Ion. - .. I' provr:lm now un l " '1 J F '111 .- 'j .' nulch through a lree cup R' C t Drop-off progr(\m~, open unt\ nn. "'. WI )C r I t 1 hUl lver oun y, . S' 1901 \GLES FLY: Allan Ie way from l{cy Wcsl 0 t\( r the trees ~vill bc at the Delrl'\Y BeLich 1 ransfer lnl1on: . h School's In Palm Uench Coun~, I aste hci Sout 11\\'('-"t Fourth 1\ ....e, and the Lunlnna I rans- 'J t . \ \ t the lH7.an nllS w< . < - L - 1 1 11 f m kelball team bea chippcd m\.o n\\\ C \ a fer St.\tion, 1810 Lrtnl..anl'\ tom, OUTS ore TO S John Paul II High lity in West Palm Beach \anuf\l. 1 l a 7 l'\ m to ,1 pm on Mondl1\'R an(1 from 7 a,m. to 3 po k aves of\ "\CC ane ge s < ,. " .' 1\001 G2-45 last w,ee The program 8 the tree, ~cco r to Janl'\ pm T\lC8eby through Fnday: la lake Worth In second use o~t oJUC'ltion coorlhnalo . I,C So- lb;;\:.ins sl'\id all decoratIOn!", gnTlf\m\~ and p ,Y Is PAGE. 14. Haskins, pubhc e. ' , ,it V. h m~t.'\\ anel wONI "t~nd~ ,,)JOllIe} he rpmovce} from ~Ilna ....... ~ ~~ \~dv"n.Bte^U~~\~~l~~;\nlfre(' III\I\C'~I~'~~~I\\ :1 .Iq, tlH' tl\'f'~ llf'fnr(' tlJ('y'rr t:\k('1l 10 the (1IoJ!,olf m~' illj.:JU:i~ HCfln\cnLB w.",lC faCIlity, 'f hl\dsc:'P- ..t i')IlS \ · U at lhe ha7.at'llou~ l:r wiH be \I~ee\ ~\ ' J"iol\ (On ,\.,\ \'(':\1 W:-IS the firFt time tlll~ S\\'A r:\Il the -n rct1I;,Ul\lL if r<;(I)I crl, t-- 11 k' IEW ,9. Hoad, \C, \ facililY alH 0 . 'Y.' "\Hl\:\ic ree ,.. '\~ tree Tec\'clinl~ pTl1gr;\II\, n!'o IllS cx- 'JV\E REV...... ) lhsposa' J n.," ,1(1, . .' I . 16 ing at t \c linr, to _ an:1 " _'---- --"('[1p11' to e}rop ofT tre('!; t lIS y('l\T. \LEt lOAR ..........., ' 1 landfill, accorl, --- ---- 11 t \c < " ASSIFIEDS ......'. . ,.- 187 Although many experts say the war on drugs cannot be won, ,~ ' commissioners In Dolray Beach are sure going to give It a fighting try. Page 4 , L. 21 NO 8 d' . ' ' " . ' "~.",.,',. . v, . J I " . · ' .. >,:' '. . '"i, " '. ". "', .., DECEMIER27.1990 Happy Investing in Banl<er's Row... :ofiaays from your , " :ommunity':' - " ' lewspaper ,; I , I ~~Tj . . .: 1 .: =.1' .,...., ' UDA Y EDITION: -, -. Ie 10 our holiday ~ . .-' , Jduction schedule, . ~ next edition of the' ,,' : JlrilY Beacll Times lIlle pulllished on , " ; . , iday, January 4. The,', :. ' . -' mcs will resume its gular Thursday llllication the ", .J t lIowing week. ' ' mI~ ~'~I\ nl:l;':~~ ~ · .: !1. Uo.:;.!.L.C.J.: 4 J ENS/TIVE ISSUE: "'-~r.: ~: JeT) w\\h a Teduced )nd issue proposallbr- : : JyirlQ nnvirnnrnnntclllv msitiveland, there is . ., .. . ill hope at Where otllers saw decay, Frank r.kKinney 01 DelrC1Y saw cpportunity. T/le marriage 01 Mcl\lnf1cy s VISion and city ~rmanently efforts to encourage neighbortlOod preservation is saving Delray's Banker's Row. 'eserving the Delray , Sla!1 photo by GINA FONTANA aks...............PAGE 7. Entrepreneur's initiative brings new life to histon'c area ~XltJG PROBLEM; . ~~~~!~~~~~~\vli~ink 'Row' a Inodel for neighborhood restoration ;sessment is By ,JefT Perlman 1927 an:l t!lf' P cat deprr,<:;!'ion f:(.t in, many of t he h()nH'~ on HEmker's How hod Institutional.. PAGE 6. Staff Writer mallY of the km K ('r~ IOf:t t h pir }l(lnll'~ n~ fa llr'n into disTPpai r. Some of the homes ~ In its 1920s heyday, the "tatdv ~lf" their in,,! itutic;\s und personnl fort\lne~ wcrc nballdoncd nnd used n~ Rhelter by :J ~~S-~ diterrancan style houses in the 20() block crumbled Yr1grnnt.c;, '_. ~ of Northeast FirstAvPllue were pal:tccs, Thp b;lnh~ It "k o\,'r Ill!' r:;;Jlld h"II~:('~, For V(':tr~, lhl' fill liTe of H:lllker's How , . .. ahout 31/ r.f I!l":~l, <1nel rf'f1I'!1' l)('r::1II to IOflK('(1 bl('ale . -"1111 Fountains. Statues, Grand gatf's nnt! call the hl"ck . B:mker'!\ H,)w," A fittin~ Entcr Frank f\1d<inllcy, plush landscaping gave the area a luxur- n~HllC for an arpa dpflnpu by the ri.c;(' and J\1cl\i[lJlr'y, n '27 'j'(';lr-old cnt reprenl'ur, iouslook t.hat fit the lifestyles of the bank fall of banks ~nw nn ppportullity on Bankcr'8 How presidents who livcd there, A breathe of fresh nir where others ~aw nothing but ncgled. But when the stock mnrket crllshed in In the F,HS since the drprl'Sl'ion, See HOW on Pn~e 2 . , Oh ChristnJas tree, to recycle thee : , Program makes mulch of secondhand Xmas trees \ By .Judy Vik educ:1~ion coordinator for tlIP SWA ,:,- ;", ... ''.I::.), ~r ~ SlaffWrilcr Thn tr('f' recycljn!~ pr<'grarn i~ r()'spoll~oJ('d by" t\ :l1j ',.. Your Christmas tree can have a ~ec(}rl(lliff' :15 the ~l'lid \'.'a:::te i\uthority nnd the South Florida ~~;,.. \GLES FLY: Atlantic mulch through a tree chip pr()l~rall1 now under Chri5tmn~ Tree Hel<,i)crs Association. (: '., ~h School's way from Key West to Indian Hi~'cr County: Drop.off programs, ope.n until Jo,n. ~5. will be ' " sketball team beat !n Pa~m Beach County, the trees Will b,e a.t the IJelray Beach 1 ransfer StntlOn:, 1901 po John Paulll ~rgh chIpped 10 to mulch nt the hazardous waste faCl- &Juthwe~t Fourth A..e, nnd the Lnnlnnn I rnns- t I G2-4r: last I k lity in West Palm Beach. fer SUltion. 1810 Lantana HOfld, lIours ore from 11~o Lake ~V'Jort;i~e The program savcs on landfill "pacc and gelS a 7 a m, to.1 pm, on Mondl1)'~ anll from 7 n,01. to 3 ~f Y I PAGE 14 secon~ use o~t of the. tree, ac~rJr(hng to Jana pm, Tueseb,v through Frieby, . Ina s...,... . HuskinS. pubhc educalion coordlll<ltor for the So- lI<1::kins said all decoration5, garlnnds nnd m"' (!f iJt~~~~ Ed \Vnste Authority. Tn,::t;,1 :1n(\ w()0d !'-t:1n(l~ f'ho\lle\ he ff'mO\lC(\ from , · lll!.J : ,..~ HCAiden18 who wnnt frcp IlIulch can I'id,. it 'IP thf' tl"('~ hdnTP tllt'y'Tf' t:1P,I'1l to thl' l!Jop,olr at the hazanlouti waste facility at (illil ~l. .lq~ ~1:lti'1I1S :)VIE REVIEW ......,9. Hoad. The remainder willlJC lIsed for landsc:\p- l.:1"1 \(';lr \\'11.S thl' fin:t tillu' tlll~ S\VA ran the ~LEt JDAR ,..........,16. ing at the disposal facility and for ~oil cro~ion ('n Chri~', :;1:\S. tree rl'cyclinl~ j'ror,r:lln, Iln!'okill~ cx- .ASSIFIEDS ........11. the landfill, ncconling to ,1:1nn Il:l"kins. IHd:lic J'r:-cl:" 1:10TP ppnplp tn e\rllj' nlf hr'p.'; thi~ ,VI'IH, ..." J - -----.- ---- --- 187 ,',,{ . ",:>;~'.: . ' . ,::. : ~ . Q)OCU.C'iS '>.II1,Q) . . co r., -t' 8 tD<j a ~ en ~ C'iS ~ tD C"l_ Z 0~C1i1 (jcu C1 , ~ g" :! O').::s 8 ~ a tIC cu t ~ ~ . ' C::J OZ oS,~ bb S >.. 3 -5 k.J:: 14 ,- 0 .... r' - c: ,. ... 0 o. == >.. u. ~.J'~ btld ClJ >-. S =- ~ cu .5 g" ~ "B ~..o S ~ ~ ~ cu a'o ~ en .e= .., IIl..o ~ 0 1:: C'iS..c >-] -SCU 0 III U ,.. Ill... k >. 0 .... '.J .. 0' to tJ""'O Co ....Oc::. "t:I "' :: -: 6. ~l: e Co '6... Q) . CJ 1::;; '0 ~,t: CU.cu 0 .... C'iS ~M a::s 8 CZ) ~ .~ ~ cu::: r:: CI -5 ... (I) :;l .S III .... '- oS cd .... c:: ~"1.... _to = .....~ . III C1bD r::"Uc ~'" ~ ~ cutICC'iS >5";cd~ . ~ Q) U) > a llJ.5 'C '0. >--5 C1 0 C 01 llJ :. \Q r! .~ .... 0 C'O r:: c..> to to k ""t:I '5 .-,..t:!t Q) - I eE : c:J~r::~ "t:I Q)~' . en U , ~ '0 cd Cl. llJ ~ e ~ a ~. ; .z::_ . llJ asllJ CUllS 0 . "' en "-'- .., l7) III ~ I ... In ..... - tIC >. U eft "t:I ..... I ,U ::J ' ~ -5 c:: ...- llJ :.:: '""" Q) llJ l7) . ' ffi 01 I llJ '.;J ~ ~ ..c . C'O ..c ~ .k I , ::J '0 Ii ~ llJ ~ t ::s {1 -.J I Q) . ~~ g,.g8c:Jaa4i~lS~ ~ : >en PoCo ~ ~ o~ ~, <(I) >"llJllJ:~g,Q) .~IIlQ)~ . Vi U , c: ...t:: -5 0 ~ .... QJ ... " , .... C . cd -.oJ ~ '... cd U ~ III as " u:ln ' ..... ...,..t: . C'iSQ) ':. _ :: , ,'{ 8 0 .s a:a u . ,..t: c: : ~,I ~ .: '.\..~ . ~.. . : Q)U ;~ . ~. .c '0. . . ~ r:: ~ r:: ~ ~ ,. 'l7) Q) oi . ~ t: Q) "',,: d C'iS 0 0 r:: C'iS . ~.f ~ ,.;): , 0 - ,. k .... Q) S . ;;>, Z ,- ;<," IU"'''' ~ J . ~ &;, &J, r:: C'iS llJ 'Q) '. '0 :t u;.;:" .~ llJ ....If) 0 S ' ..... ~ eGJ ]' :/ III en Q) t" U 3... 8 0 oe!4 9 ' . '0 .c: E .1, , c: III llJ ' , I- 'in ~,g ~i~~' ~ 8 ~ ~ ~ ~ ~ -rl tZ ~: Vi ~ en 'o~ ':-". k.~.... ~ r:::e Z ~ :a c:' to ... > " 0 Cl2 ~ GI o~ A' <<I' III ." 'in ' ~ 0] ill ,.l:4 - Q)a.c: 1:', ,..t:' ...C'O ur::cn = ~ ~ .: ~ :t 'Vi.d gJ iJ :g:a QJ ~, CU)( .~>- ur::C'O as"t:l-S,.o oenlll ..a:oQJ...g >.. · r::SllJ." . .. '>. ~ 0 C1 ~ .3 ~ bD"'- >; cd 0 sllJ . ~ >- ~ Q \ 0 Q)' 'C:l ,5 ~ C1 ~ llJ " CI:c:t:: ..L:...t:: ~li} ~Ltr::~" "-t = : 0 ~ '0 ' , _ ~ '.J _ >.. ~ as QJ bo~~. ,;' ~ - . ~ u.... '..0 oe!4 r1 ... If) Q.... 'u" i-. . Ul 000::: 0 .J:: 'lj .!:2 ~ - . . III tIC . .. -. -c:;::: bD~ l7) GI ~ e QJ ~....., " - . , :I: >. to . ,,.,.J::::;....... ~ GJ ~ ... ~ ' 0 \, ., _. _' 'I:J """'...... -~ .....- · _. UJ.o. '~If)a) QI..a ollJ~' r! , -. . ..J '0 ~ '~>..I . r= ~ .5 ; t-'c Po.s ~' , =: m e U .~ ~ >.. 0 ~~ 4i QJ llJ ~ ' I I' , _. ct 0 0 '. tt ~;u.... 0.... > ,.;) ... as " , 0-&;," 0 ..... =' -' a: ~ :t ' : " - iiJ ~ ~ .S ~ ~ Q) .S ...t:: 'lj .' ; ~ .olU - "3 '....s:;:-(jllJ. I ~ e,~ ,': ~.> 1; g i! CUt,:: ~ ::s -g: ~ u. Q) :-e- 0 ~ Po bD~ ~"t:I c: r >. S !Ii, ; ct~ 'S ,o.s~~r::o Glo13 ' ",' ,0, QJocd:a ... -" #~ ....U)~., I . .: # . . : -g.s a a ~~ tICs. ~ .s .~ ~ ~ ~ ~.~ ~ ~ ] ~~k a .~ f: ~ ~ 3 d, rh ":i ~'~~. d, ~ ~ ~ C'O ... o. u ~..8 t:D t:i c:J U 0.> 0 =' S 0 0 ~] ',.J k ~ ~ is'~ 4J 'lj ... ~ '. tlCzo.3 .L: Cl. ~ ~ Q) Q) o' . o:3~ ~ .... -- - 0'" U ... o. .... ~ - e ' ~. ..... - QJ o~ :. c: C Cl2 en GJ ~ ...t:: I r:: 0') oJ...t:: >. :3 O''lj..... Po ~ as Q) 0 '" \Q - .~ or< ',~ cc.l7) u Q),.;) .' -.J ~ :' ,..a r1 c:J t: '.J u e . .a 0 g Co ,as ~ cu ~ Q)' " ;>0, ~ d ~ ~ ::s m Cl. S ..., I e c:l ::s ~ ,- cn llJ ~ !l"t:l '" 1 llJ - . ~ Q) ~ !! > ":j...t:: , :3 0 ~ ,~ 1] bo ... '5 0 ...t:: ~ . ~ u..... U . ~ ~ '''1 so'''' c:... Po >..!J :' a] B 'r4_ ~ -+I' ,0 ..0 (t];..::l C'O U -.J ..c --1 0 "c:J oX 0 ~ CIS ...... ..ij ~' · . 0 aD 0..... .\ 4J !l' .- en _ C3 '.J f. CJ'" c:J u.. :::2 0 (t] k 6J If)., Ii) toO ~ o. ~ -,j'-J ~CJ . CJc:J..c:........' CJolU. . 111 ....."t:J~ · 5 ~ ~. ;..::l ~"5 ~ c: o~ '.0 c: en :' 0 :::: ~ :1 ~~ g '~.u ~ C3 ~ -5 g b ~ ~ !J -5 0 g 0 ":j ~ ~: . ED 0 ow ...... cd 0 ~ c: ... <L1 ' .c c:.l U) >. _ c: as >. 4-1 ~ . III +l ~ .. ~ ~... , ~.J:: c: . mo.... . ~ 0 ~ ~ ~" Et 8 .....0 0 ~ ~-a -g:3 i..8.s as d iii 'tl ~ 'g l7) ~ r:: ~ CIS~: .' , ].~~tIC~~~E,~~~ &e5~,~'i~: 2] ~ 3 ~.~ E~~~ ~~~ ~~~ ~g.aQJ~ ~'_~ ~~. :: +l +l. llJ:N ..... ":j ::s ~..c c:J u 0 c:J U) CJ U ... a) +J ~ o..c;.L: r1 k ,.;) .J:: .;;r 0 p:< :::s' _ <L1 en en OJ...., c: ell ,~ _ '.J.c M _ - "0 C':I ........ ~ Ct) .0 OJ ill, , cu ..c:::a ~:a ~ llJ 1 g ~..8 ClJ ~ ~ ' ..... '0 ~ ~ -:: -g en ~.- '3 s ~ ~ ~ Cd ~..~:3 'C ] tI: ~ cU=3 -e~: ; tD ui ~..o - -S - <;1 ..... ~ tD c::3,..t: g ~ :.J l7) CJ c:.l.5 r:: F ~ 0 Po C) llJ -5 ~ a QJ 8 .D ~ il llJ ,3 ~ ~ ~ cU]:a ~ ~ ~ '2].!l ~] .if;:a ~ ~ ~::; ~ g ~,~ e 3 ~ 0 ~1 s '0 e 1J -5;a.5 ~ a ~ ~' ~ &<- >. 0 ='5..... ~..... !:2 .... aO ~ -5 U cu t ~..... > C') ~ Ev:: ~.L: :::s > >. ~ (t]..!! llJ .... tIC ~ C1..a 0') 0 0 Ii) ~ ~ O 0 ... a.. ~ ('3 - Cl. ClJ .... . - C) 0.... ... >.. Co .... =' "t:I >.,.;) 0 .. OQJ ... as+l 0 ~::3...J. C)(t] >. .....,.r::.L:-";JasCl2O'>CI) OCU C'iS,.;) ....,. .l:: ~~a~8:'~~~ ~~~-5a \:~~.S~ClJ~~.... C)'o~L~lf)a:'I'~~'~~-5~IQ~bG>.~~.~1r, "C ~ 0 ~ cu CIS !!l he If).... .~ IU <L1~ ~.J >-'.L:~ u cu >.. cu >'If) toa k GJ CI) >..' ~;;> l7) .... u' o c:.I 1Il+l~ G)~QJa:'I C':I~ ;. k. i...... ='..... CUC) a:'I OPoQJcu O..GJ : :> =' ~ tIC ~ g.g 3 a a:'I ~ Q ..... en ~.3: >.. S 3 U ~ -:a..o .,~ E .: .c:~~ ~ ~ ~ 0 e ~ llJ "g S. ~ ~; ::> .5 ~.e ~ {j ~ > .g bD-;: ~.~:: - Et ~. -g ~ ~ ~ -5 :J.5 ;i;';.'j..n~~ at~ ~~"t:S -; o' P;;::!! o,~;a ~'.' . .... u ~ ~.. oJ........c: C) ..0... CJ 't:1 <CI) ~ t:Sl) 'ISl1 ->>-. ~ _ ~ "- -- ~ ~~ ~ ~ ~ ~:a~$ ~ ~ ~~ ~ ~ ~ ~~ ~ ~ B~s~~'~~~ ~~;~;;~ ~:s ~~~~~ ~" \; 'c;iJ-,=, ' u z :.cO "8 Cl.l.~ c: 0 :5odz' e:- CO CII .c ,'- CO' Cl.l -.... '.c'C >,C11 "' O. CII_ II.. Cl.lCOO.o "'0. - CII 01 C'C Q) C Vi .Q Z '\... C .0.0 E C1S C It ,.-...\.. Cl.l 'E C c( 0 0'- .2 "- "-"O,,,.c-"'. I :'::C:Cl.lt;- CC:.c . - ~ l'O Qi '- ::: Q) ~ ~ ,D. ..- . CllCIl.....c>.cOO:c :.2 C1> ti iV .C11 t-: "0 - !! -g C1> o.c >-~_ ~ en CII0-Q) .c l'O >..c is C ::J 0 E ~(tf!!BEl C1>.... C)('c >- E C1S'-::J ~ Q)'= .o~-"O 0 c .cOlO~~:= . (tJlllf ~.. ,S <Ii.Q1 c :E ~ g .~ ~ :5 Q) '61.:.c: CII CII > o_CC~CCl.l.c '..: I fh~~ .... ::E .2 ~'c ... C1S ~.~ ooCII .ou..Cl.l_.c :;::. C..CCII:= Q) >0 . '- CU C1S ::J_ _C1SC1SCII>t:O- a.~iii~o~:i~ o 0 C1> 0.0 '- ,~ .... ... ....oct"O-O c:.2::J C1>Cl.l0 o u.. UJ ::E E "0 - , . ~ >. s..: c: :J C) 03 .oJ -'='- ~ Q) Q) 0 CIJ " ~ -.:1 d: :J._ -5 i: -'= M j,j ~ g) 8 Q) oS .. . '. . o 2 c.... ~ rd . bIl o:s '6iloS "tj ~ S ~.!1 ~ 0 e ~] ~ "tj ~ ~ l::! a d~~C)~~ C1J~~s~oe~ ~ to >~ j' -'=c:1o ::s en c-:;j"tj CIJ 0 +! co . 0 0 +-' ~ Q)::S +-' bIl ~~,...>~~ . ~~~~~coo ~ C"'Ct) +! 0 U ~'2 ~.- <.:;. CIJ , ~ "tj 2 ~ ~ ' c i: ~ C1 B "i CIJ "tj Q) Ac 'tD-'= ,S '6lJ .en.!1 ~.~ 3 ~ ] oS a 8 d "tj ~ ~ ~ ~~t) +-'~ . oOj!en...... ' ~ B. ~ ~ S ~ ~ >. u ';] .., 03 >. ~ a "t:S t) +-' ."t:S C1> ~ "tj ~ CIJ co "tj "tj ~ Ou.......'...>.ns "t:S ""3u-t:co ..a..g m~'C e-B ns OJ o::sS o::S g. ..c::C.._ C) s.3 p.~ ~ a1t; e ~~ ~c-3 C1J~' ~ .o,~ ~ :J t; OJ 0 ~ +! ~ CIJ ~~' c::..c. .11 ..c::..c:: O..c:: (,) oS . 0 .... Cl.l 3 ' 0 u >. ~ ,~ ~ -oj .0 ~..c::::1 CIJ ~. en ~ Po ~ Cl.l .~ (,) -~ .... Cl.l.s ~ ~ 0 a 0 ...:s 0 ::s m ~ c: .Vl 0 -s Vl >. u ~ p:: ~ . ~~. ...c:: Q) c ~ ~ (,).-. Cl.l. 1~ N co. "tj en GI >. -"t:S ' ...... co .. ~ ~ (,) ~ ::s] ~ u ~ ~ ~ or a t .~~ ~ ~ Oat;ns-'=~CIJGI~~a ~"tjGl C) -e t)~..c:: ~ C1J~:a ~~..c: ~ XJ ~o 8 ~ ,~ ~ (,) 0. a -5 ~ 'E ~ "tj ~ 0 ~ ~ -;..s m ~8..c:::J0~ 0 aO~O~- ~ p. f:- -.:1 ..c ..c: "tj ::1..c: p. . ~ >'r:I >'i..c:c CII en >.~ c ~ 0 .~ O'~ ns OJ C1S ~r:I II) ..c: '2 C "1:) 3 - ..0 .3 'a ~.a ' t), ' , 3' >. O+-'uO ~CIJ 'r.1 ~ ~s H C t)'" > .....CIJ p. ... '.... _t)~>. ,OJ~ Q) u ns S C r: bo'~, u U Q) >..3 ........ 0 ~ 0 S ~ -5It:on g~.~tJ uSs c:1o>cO t!' ~ ... ti CII CD5tJo C)~tln Ul '('$ > Q) OJ . ......... ..c:: c 0 ~ ..c: ';] -'= -5 cd "tj tJ r;" ..... to '... t:.: . c ~ns:: ~ c..... - CIJ CIJ d~-6c....0:-::2 > r.1 ''''-s ~ 'o~C co >~~~::s~~~e ,4. 5 Cl.l.~ Q) !l'C C u " 0 Cl. g C1J' a oS u Cl..2 tIl 3 :> 0 ~ -~..... ....... ..... Q.I c: ..tn - .. QJ S Cl. lJ)t:~ 1J-e n E ~-g ~g.~p. ~ ~("jCl.l 0 .~ e C i=: 0 -oj C QJ 0 Cl. . >>~c.o:c ~ >. .... ~ - "t:J ..... -c:3 "0 S CJ o.~ C1S .- CIJ >( a.... Q) ~ ur;~~t..ll'o.:t .tnQ) o ~ Cl.l Cl.l Cl.l~- 'C S '... 0 t: p. S:u .S ~ ~ ~bIl 3.5 ~ S ~>-. :..a .... ~ p.. .... ~.... 0 II) -CJcII)aS .... . 3 ::1...... 0 .~ g t! ~'3 u QJ g . G:::a ~ 0 ..... .-'0 , ~ . - ~ .o'~ 8 0 c:Q 'tl ~,Cl.l,.'.C'II g ~ oJ 0 (,) Po- '5 ~~t:.:(,)~ 0 c: ~ ~C11 Cl.l g _ (,)~CJ.J::C: -..00 ..c::~QJ"'oOJ~~lJ)~ ~.; .3..0 3 to .0 ,~.- - c: (,).J:: Q) ~ Cl.l ~l~~,~ ~ ~I - II) ~- (,) U f:- ~ C) 8 t! ..0 g t"'4 of= .~ t) .... 0 ' ~ ti ~ p. P::.S..c: res -.,...~ -~.. . I- ' ..,'" ..,tIt .. <' 4. . ,', ~ ~\"~"":::!~ _" .o{..f~~", .,-,"~~,...: "~'.,~;:,.:.~~~t:"", ~'''''-'''~ " .".'... . , . . ,J. - .. :-.~.""'''' .. r '.' -..--- -' [ITY DF DELIAY BEA[H 100 N,W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243,7000 MEMORANDUM TO: David T. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant City Manager/ Administrative Services SUBJECT: Agenda Item #~D City Commission Meeting September lO, 1991 Roof Repair Municipal Golf Course Restaurant DATE: September 6, 1991 ACTION City Commission is requested to authorize staff to proceed with limited roof repair to the golf course restaurant roof. Work is to be accomplished prior to the end of the fiscal year with funding to come from golf course retained earnings. BACKGROUND Per Commission direction staff had Ron Bell, Inc. (Bob McNabb) reinspect the roof to determine minimum repair needs. Approximately 1200 sq. ft., primarily under air conditioning units and duct work need to be repaired. These are the areas where we are experiencing our leak problem. The estimated cost to remove and replace the air conditioning units, duct work, electrical, and repair the roof is /3 $~,500.00. Staff is requesting authority to proceed with these repairs prior to the restaurant opening 10/1/91. Proposals will be obtained per purchasing policies. RECOMMENDATION Proceed with limited roof repairs per the proposed scope of work, approximately 1200 sq. ft., to include removal and replacement of air conditioning units and duct work. RAB:kwg ~ ( <i 13J.s 00 ui, ri..L fuuLc5t- ~ ) THE EFFORT ALWAYS MATTERS ~ . &. Ron Bell, Inc. PROPOSAL Roofing Contractor o Re-roofs - Repairs - Maintenance E 3380 North Old Dixie Hwy. Page NO," ""'r of J Pages ... Defray Beach, Florida 33483 Phone: {407} 737-7507 ~ TO'_~__~_~_~__'__ --....--.---.--.......-.-----.--....-..-..-.-........--..--...-------.-.-...- .-_._.-._.-..-._..-.- PHONE ---.------..---------.-.-..-..--.--......----..-.---.-.--.-.-.--...--.---.-.--..-...--........-------.-... \ .' We hereby submit speclficatlons and estlmates for: ~~~-=-~~~::~-'-=:_:_-~-=::':I' '.. ~~~~~~~~' ~~~-4-1~~~'~'j J -&~ " ~;'- '+dQ.Q_ _ _ _,,, __,_"'_''''m''m''''.. ""1 I . . "~~~:.-i I I I '~:- ~~.. , ,~~ ~. _"m'__'u..__m_"'" .. Ll ~Y-~ J-- ~~ - ,_,_..,,,'''..''''m'''_, ~o~~~.~~~ ~ ~ ,~ ~._..- - ' ,- ~~ -" . _ _ ~ . ,____,,,__''''_m'_'''_''''_m e~-.-..---. ~ ~ ~ ~ ~~~----------i I Past due accounts are subject to a l-l/Z% per month late charge. In no event shall Ron Bell, Ine. be liable for any"" specia'("'"mm''' I incidental or consequential damages to the building or its contents resulting from or in connection with. any failure or leak. j WE PROPOSE hell;iJy to furnish materla! and labor - coD]plete In accordance with these specifications. for the sum of: . dollars ($ --\~ t~Q o:t ~. All matcifalls guaranl<<d Co be as specified. All work to be completed In a woricmanllke manner Authorized aocorcIlng to standard practla:s. Any alteration or devlaUon rrom above speclllcaUons In""'v1ng Signature extra <lOSIs wiD be CXClCUicd only upon written orders. and wiD become an extra charge 0..... and abo"" the estImak. All ~ts conungent upon str1kes. accidents or delays beyond NOTE: This proposal may be withdrawn our control Owner to any Ore. tornado. and other necessary Insurarioe. Our worl<crs llR: fully cow:m:l by Workmen's Compensation Insurance. by us If not accepted within days. ACCEPTANCE OF PROPOSAL - The prtces. specifications and conditions are satisfactory and are hereby accepted, You are authortzed to do the work as specified. Payment will be made as outIlned above. Signature Date Signature Date f'ROOUCTW5!itD-3/Nifi!iS llac..GtoIocl:&lass.. 411C11. lo()fderPHONE TOll FREE 1-<<k)-225--63IM) "," , MEMO:RANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ICITY MANAGER 9S SUBJECT: AGENDA ITEM # - MEETING OF SEPTEMBER 10, 1991 APPOINTMENT TO THE GENE:RAL EMPLOYEES RETIREMENT FUND COM- MITTEE DATE: September 6, 1991 Edward Zuraw was appointed to the Community Redevelopment Agency at your August 27th meeting and therefore had to tender his resignation from the General Employees Retirement Fund Committee. As result of which, there is now a vacancy on the General Employees Retirement Fund Committee. We have received applications from the following individuals: Jeffrey Keating I. Paul Friedman, Ph. D. Horace Waldman In accordance with the rotation system adopted by the City Commission, this is the Mayor's appointment, me. te A--H OJ Appoi oW ~ ," MEMORANDUM TO: David T. Harden, City Manager THRU: Alison MacGregor Harty, City Clerk FROM: Anita Barba, Board Secretary SUBJECT: APPOINTMENT TO THE GENERAL EMPLOYEES RETIREMENT FUND COMMITTEE DATE: September 4, 1991 With the resignation of Edward Zuraw, there is a vacancy on the General Employees Retirement Fund Committee. The members are appointed by the City Commission. Under Article VI, "Administration", Section 6.1, the requirements for membership state the following: "Where the retirement committee consists of one or more individuals, each member may be, but need not, be an official or employee of the City, and each such member, or the corporate trustee selected to act as the retirement committee, shall be appointed by the City Council of Delray Beach to serve until his (or its) successor shall be appointed in like manner." The following persons have submitted their names for consideration: A. Jeffrey Keating B. r. Paul Friedman, Ph.D. C. Horace Waldman In accordance with the rotation system adopted by the City Commission, the appointment would be made by Mayor Thomas Lynch, Seat #5. fin.txt CITY OF DELRAY BEACH BOARD ~EXBER APPLICATION ~A.'1E Jeffrey Joseph Keating 17310 Lake Park Rd., Boca Raton, Florida 33487 HOME ADDRESS (Street, City. Zip Code) (LEGAL RESIDENCE) 75 N. Federal Hwy. #206, Delray Beach, Florida 33483 PRI~CIPAL BUSI~ESS ADDRESS (Street, City. Zip Code) HOME PHONE 994-8191 BCSINESS PHONE 278-7862 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Employees Pension LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) None EDUCA::ONAL QUALIFICATIONS Bachelor of Science in Finance at Univ. of Florida Graduate Studies in financial analysis at F.A.U., recipient of Basic Standard and Advance CTF in Banking from American Institute of Banking Washington, D.C. LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD Registered Investment Advisor with Securities and Exchange Commission GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION President of Keating Investment Counselors, Inc. DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD Twenty years Investment Management Experience. Eleven of those years as chief Investment Officer of Local Trust Department. Client included management of City of Boynton Beach and City of Pompano Beach Employees Pension Funds. PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. 9/6/91 DATE 4/90 ",." Keating In'''e~tmeut Couu~elor~~ Inc. BIOGRAPHICAL SKETCH JEFFREY J. KEATING, PRESIDENT Mr. Jeffrey J. Keating lS a founder, director, and prirlcipal shareholder of Keating Investment Counselors, Inc. Mr. Kea-:..:.:-:g- for:r.erly held the position of Senior Vice President and Head of t.::e Trust Division of Florida Coast Bank of Palm Beach County, a~,j '(.'.' 2. S associated with the Bank during the years 1972 through :932. Additionally, Mr. Keating held the position of Chief Invest.::le:it. Officer with the title of Senior Vice President of Florida Coast. MidLantic Trust Company, N. A. f a joint venture Trust Company bet:..ieen Florida Coast Bank and MidLantic National Bank. One of Mr. Keating'S duties in his for~er position at the bank was Chief Investment Officer responsible for the managemen":. and supervision of over $300 million worth of investments. Prior to being associated with the Bank, Mr. Keating worked for Merrill Lynch Pierce Fenner & Smith in a research capacity. Mr. Keating graduated from the University of Florida in 1972 with a Bachelor of Science in Finance, did graduate studies l:1 Financial Analysis at Florida Atlantic University, and is a, graduate of the Florida Bankers Association Trust School at the University of Florida. Additionally, Mr. Keating is the recipient of the Basic, Standard and Advanced Certificates from the American Institute of Banking in Washington, D.C. He also served as an instructor for ........,~ \,.....- Institute for several years. Professionally, Mr. Keating has been a member of the Florida Bankers Association Trust Investment Committee and is a Past-Chair::lan of the Committee. He is also a Past-President and Director of +-' <..:18 East Coast Estate Planning Counci 1, along with holding membership :..n several professional investment and analytical societies. Mr. Keati:1g has participated in many speaking forums on Estate Planning and Investments throughout the State of Florida. Mr. Keating is a Registered Investment Adviser with the p ~ '-I . _ . Securities and Exchange Commission and the State of Florida. "" ~ / ~, / I //~/V CITY OF DELRAY BEACH BOARD MEMBER APPLICATION r ~ f1 J L- ("It; fi:,:2> tY1 ,4 ;J C ;? II./) @J~t A- bv1r<) NAME ~ ~ )./, U/. t-- Clr ~ r- - ~4!- L " -::3 3 V ~ (- /' J CA HOME (Street, City, Zip Code) (LEGAL RESIDENCE S~ M ~...ue. PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE ,~h-{7 ~ BUSINESS PHONE ~~'-< . ON WHAT BOARDS ARE YOU INTERESTED IN SERVING &~ "'I'-"yt.- i3~~d4~J ~~ f) ~ "....r~ _ :, r: ~l> LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTL Y SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) ~L*4-. ~~"'d..I'IlIfIU,...; ;:-...,ru,,ua< fPr~r-~nu"";(74!.. 'rr,.).t;r., I_~I S.. <t./rr~;1.I";" 7'14 - ~.r,.(. ~~- /}tt't. #"'4~-., _ J",,/!c,,-_ ~K-1-. 1"1--'1 1 ' 40""~lr~~;- <: ..... /If.4.lI-u./ II ?rT, LL-nlL.t:Pt'Z e'A ...... l' ~. ~ <. r-_~, I , I.., - IJ <-<... I) ~ . ,~v C/t. c- EDUCATIONAL QUALIFICATIONS t,"ifl'W,d.L -..(r;JoH",.~ t/J,.;c:'- IS. SA. Cf'(,I(.II.-,--:'~L r -<.;0)7 , c r,.., r ..L 1_;"" I ~$7; ,,,..r<...o ..:" A--t> no \ ;e......1'-4r;o-,....~l)/neeY"~ #~ ,w~r;l1,.,~ /1.tr-e. -;~~"'.rs -/"".-f-./1, LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD f~. G.. ,....rtf . -f1..>, ~~~,*".r ~f'-"'-/~"" _ b~.A~ _t.-,"~~.,y~.", GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION 1fl..L '-<< 'it tL4./ . --:t:"DL t}<.. ~ ~;L; J _ P--~ 17#ItPr..L tJC(,":-r- ~ c r ~".-...r 'Y- ~ ~ ~_ 4~/ /1"rr} '" J :~_:."o# Il...r DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD ~/'/1'p1UT' IHA4I~"'~ ~41~"""J-r'- ~r~-t:..;;1~/";-G 1l14vAt<-<..t ~r ~L~ /I-'r).J ~ W-4 r p Ac.~ ~1 ~.A. ~ F A...s _ A-'1:J I'll . ~_~ ~ - Jt'Vt.I. A- U I'-t;"l:-t.~:; ,- 1'1..:> ~ i..e.:.T-/I. -, ~ A ~ ~. 6~~-:.4S 4'f""" (/;Ul~ !Ia.'. , '\ ..t. ~ ~ G.)--r~~ ~ /l",~. ~ - /f,'~d- ( r-: '.";.; ~ ., ~. i)-v _ - fl,;T~~ - ~~..I~ j1,,')r~. 5"0__ - '-rr#c#....,..~~ PLEASE ATTACH A BRIEF RESUME. OJ/l.~v~~..I) /l....r~1"UI- ZlV&.' ~,,~ I.'Z ~L~ ~ IH ntJ-l6t Ae- ,,... -C-~L.."a.4-C ~~,r ~ I'>>~ 'r/'.LG I tfJ.-~ j I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTAT t OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITU PON PART OF ANY APPOINTMENT I MAY RECEIVE. r II /ICJ./'~ SIGNATURE DATE It r~ 1J.-rT~"7" ~ f1.;> /L. , ~r -~ ) 4/90 ~ " . MEET OUR MaDERA TOR FOR THESE SEMINARS: t_ QAUL FRIEDMAN Dr, Friedman and his wife Edith, formerlyoftheN,Y./N,J, area, have recently become residents of Palm Beach County, For many years, his work involved being a Corporate Financial Executive, Management Consultant, Author, Professor and Lecturer at leading universities, business organizations and conferences, These Included St, John's Univ, Fairleigh Dickinson Un,v" California State Polytech, Stevens Institute of Technology and Rutgers; and at the American Management Association, National ASSOCiation of Accountants (N,A,A,) and various other societIes, These sem.nars and courses were based on practical experiences and research and conducted on a year-round basis for almost 20 years, His ,book, published by Prentice-Hall "COST CONTROLS AND PROFIT IMPROVEMENT THROUGH PRODUCT ANALYSIS" in 1966, .s considered an original and significant controbutlon to Industrial Management and Accounting, A recent retiree from the Ideal Toy Corporation of N,Y, lit N,J, where he was a corporate financial director responsible for Profit Planning and Product Evaluations, Company Acquisition Studies, Marketing Strategies, involved in Pricing, Design and production and Inventory ~ Control, His previous positions as controller and cost reduction coordinator were with Lightolier Corporation, Temple Radio and National Silver Corporations, He is an independent Management Consultant, National Director and past president of the Jersey City W chapter of the N,A,A" member of the American Association of University Professors, A graduate of St. John's University B,B,A, - he continued his studies UJ at the City College of N,Y, and the International Institute for Advanced Studies where he received his Ph,D, in Business Administration, His biographical sketch will be included in the forthcoming 22nd edition (1981-2) of 'Who'. Who in Finance lit Industry" published by Marquis Publications, fI.-- ., (..v ,~...'''' wM" I~ "'" L. t: /4/tt-h .. ,,:, ~r:fr <I ") Or 6:;),~ ..~ of (] ") J"~ - '3 +(z'f-r-r~) a program . . seminars In cost reduction division of special studies PALM BEACH ATLANTIC COllEGE Palm Beach Atla ntic College . - . ~ 'II -, ..".,t;.,..._ SE THIS BROCHURE EXPLAINS THE FOLLOWING SEMINARS: 1 "Manufacturing Cost Control" '~"Cost Estimating and Pricing" tJ "Break-Even (Direct) Costing" PARTICIPANTS 4"Colt Reduction" Representative of the more than 400 companies and organizations sending registrants to these Froedman semmars and short,courses: cific Pumps Essex Chemical Corporation These practical seminars are designed to up-date and Improve .Iternational Pipe & Ceramics Container Corp. of America management practices for all supervisIon. managers. business men, United California Bank American Can Campany accountants. engineers. Jr, and Sr. Executives. foremen and anyone Unitek Carporation International P:lper Carparatian concerned In reducing costs or planning profit Improvement for the.r ITT Gilfillan Hoffman Bev"r:lge Corporation Aluminum Campany of America Curtiss,Wright Corporation companies, Endevco Carporation Pepsi,Calo Bottling Corporation General Telephone Johnson & Johnson Seminar material is merged with each partiCipants JoO sklll~ and Tridair Industries The Pantasote Corporation experoences in order to garn maximum effective"..., In thiS way, ~ John Beon Di". FMC RCA Electronic & Campanenn DIv. Ideas become realities and are put to work immediately in your Ratheon Computer Adolph Gottscho Carporation companlesl The Marquardt Corp. Department of the Army Johnson Pump Company Dorner Products. Inc. Southern California Go, Ca. lawry', Food, During the past years, ~e than 1400 panicipants repr-.ning H. K. Porter Ca. layne & Bowler PIImpI about 450 companies hllve attended these semin.,s, Becton-Dickinson Corp. Continental Baking Company Union Carbide. Cantainer Corp. American Cancer Society REGISTRATION FOR ALL SEMINARS: Crown Cork and Seal Ca. Pion..r Industrl.. Worthington Pump & Sun Chemical Co. Machinery Corp. litton I ndultrl.. Lockheed Electronics Westinghouse Electric Quaker Oats Call: 833-8592 - EJd. 2n Dr, Althurst. Dee" Special Studies P,BAC, 1101 5, Olive Ave. West Palm 8Mch. Fl 33<<)1 ~ "I ~ CITY OF DELRAY BEACH ~ BOARD ~EMBER APPLICATION NAME . . f!-- r. c-E.- - J . W r!f:! MAt,) ~sJ s, LJ yy 11} f.hL- f-;1f &AcJ.+ 3Jlf-{-j HOME ADDRESS (Street. City. Zip Code) (LEGAL RESIDENCE) jYot!L PRINCIPAL BUSINESS ADDRESS (Street. Cicy. Zip Code) HOME PHONE J-01-}7 g -Cf 51 V BCSINESS PHONE tI oHL ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ~ I?:> oJ A ..) C 'S (?) : ~ ell ~; y fl.,' n c1 ( S 0 r. (' r (}. \ ) D [) fl . ~ d 8 r C LIST ALL CITY BOARDS ON WHICH YOU ARE CCRRENTLY SERVING OR HAVE PREVIOCSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS ll1J ~&t- ~ D tJA Tf- - B.). It-! !1SIf!ESJ A-vf,IH)Sn-moH- j1AJof- It! I~UHT7r1G- LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD Lu:n f I E-Q P U Bu c- ~Ccbur-tTA,.I,- < N E: rJ -sfiJ11 G:lE YOUR PRESENT. OR MOrT RECENT EMPLOYER. ~~ POSITION U (5'5 ~CoMfMil LJrJIIIG+ToH, t1~( PAI!-T7'I Ef- DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD A-t--,4 0 S-r- ~ 'f f:-A fLS 0 F- PuB L-I c- ~ u f'tTn/6-- iN MAN! ~s oF- IJfDUfTf-y. 11 ~f)'-TTotl I W 5 c:-t.J-A J hM AN 0 F- l1--f- au A4) o~ ~ tJ STF1EH-r- PLEASJ1f..TTACHI tlf1.frfsUMl!.=-v ~-J ~Ef fl-. E.Jf:t-AL ~L[ 17*~ ' 5" N en- t1 cJC-#-- {; fH>.JJ I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE ~~D UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ~ ()~ f /qqQ S ATURE DATE 4/90 ~ ," MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ,!/!JCITY MANAGER SUBJECT: AGENDA ITEM # q F - MEETING OF SEPTEMBER 10, 1991 STATUS REPORT/LICENSE AGREEMENT ISAN CHARTERS, INC. D/B/A STILLWATER CRUISES DATE: September 6, 1991 The City Attorney will be providing a verbal update on the status of the license agreement. III 'II . ~ 5-0 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS l'ROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # q~ - MEETING OF SEPTEMBER 101 1991 REQUEST TO ERECT SPECIAL EVENT SIGNS IN THE CITY/S RIGHT-OF- WAY DATE: September 61 1991 We have received a request from the Chamber of Commerce to erect special event signs in the right-of-way on North and South Federal Highway and at various locations throughout the City from September 30 through October 51 1991 to advertise the First Annual Business Expo at the Delray Beach Mall. Pursuant to Section 4.6.7 (D) (3)(j)1 the Building Official may approve permits for special events signs for special events which are of a general benefitl civic or cultural to the community at large. However, this item is being brought before you as a determination needs to be made whether the Business Expo is considered a special event that is of a general benefit to the community. Separately I approval is also required for erecting the signs in the rights-of-way. The proposed sign size is within Code. Additional provisions of the Code require that signs be erected one week prior to the event and removed the second day after. The Business Expo will be held on October 4 and 51 1991. The City Manager consdiers this event to be of a general benefit to the Community. Recommend approval of a request from the Chamber of Commerce to erect special event signs in the right-of-way on North and South Federal Highway and at various locations throughout the City from September 30 through October 5, 1991 to advertise the First Annual Business Expo at the Delray Beach Mall. . MEMORANDUM TO: DAVID HARDEN, CITY MANAGER ~ FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN RE: CHAMBER OF COMMERCE/SPECIAL EVENTS ACTIVITY DETERMINATION PERMISSION TO ERECT TEMPORARY SIGNS DATE: SEPTEMBER 6, 1991 ITEM BEFORE THE COMMISSION: - - Consideration of the Chamber of Commerce's request to erect special event signs within City right-of-way areas for the First Annual Business Expo at the Delray Beach Mall. The event will be held on October 4th & 5th, 1991. Determination of whether the Business Expo is considered a special event that is of general benefit to the community at large is requested. BACKGROUND: Special Event signage is provided for under the Land Development Regulations Section 4.6. 7(D) (j) which allows for approval of such permits by the Building Official for special events which are of general benefit, civic or cultural to the community at large. Specific standards governs such signage. The sign size requested is within code; Commission approval is required for erecting such within rights-of-way. The code allows such signs to be erected one week prior to the event and removed by the second day after. The Chamber is requesting to place the signs on North and South Federal Highways, I-95 Linton Blvd and Atlantic Avenue interchanges and various business locations throughout the community. RECOMMENDATION: We would recommend City Commission consideration of this request from the Chamber of Commerce to place specific signs advertising the first Annual Business Expo within various City rights-of-way. The written request from the Chamber is attached for your reference. LB:DQ Attachment lb2 Chamber.SE . '. 09/05/91 23:50 407 278 0555 D B CHAMBER OF COMMERCE PAGE 02 ~~~ '. ---- .. .__. '-- - --- ,-,,;;, - "i-"-- _'lLt:.,__ -~--- ~ ~ ~,-+~l~Yr,l'1J;:.~1. ''':tU'),.~t:..5'. M~h!l.~\..~rce '! t r,.I. ,\",,,,,,. . t I,'lr;~ l~,...;h. 11, J;t48.1 1"Iorl.,",", ;!m O~:/" August 1 f 1991 Mr. Dave Harden City Manager 100 N.W, 1st Avenue Delr8Y Beach, rL 33.." Dear Mr~ We would like to request approval to erect special event eigns as per Local Oeve'lopllent Regulations Section 4.6.6, for the First Annual Business Expo at the Delray Beach Mall, which will take place on October 4th and 5th, 1991. We would lIke to place (6) four by four foot eIgne in the rights-of-way on North and South Federal Highway and at I~9!5 at Linton Blvd. and Atlantic Ave. , the week. of September 30th and relllove them on Saturday evening, October 5th. In addition to the elgnG above, we would like place (15) 1 1/2 X 2 1/2 foot 81gns (political type) at various locationa. We would remOV8 these by Saturday, October 5th al&o. Thank you fo~ your consideration. Sincel'el;t. 73~ William J. Wood President cc: Maria Gaitan (;] , Ace_lDIH!) s:::::~~~! ~~-~>~" .: ~ gll;2(</I /LiL ~ . .. -.- .. "-.- -- [ITY OF DELHAY BEA[H , 100 N,W, 1st AVENUE DELRA Y BEACH, FLORIDA 33444 407/243-7000 August 7, 1991 Mr. William J. Wood President, Chamber of Commerce 64 S.E. 5th Ave. Delray Beach, FL 33444 '"* Dear Mr. Wood: r am responding to your August 1, 1991 request regarding placing special event signs in the right-of-way on North and South Federal Highway and various locations throughout the city September 30 - October 5, 1991 for the First Annual Business Expo at the Delray Beach Mall. r will schedule your request to be reviewed by the City Commission. At that time they will determine if a Business Expo is considered to be of general l benefit, civic or cultural, to the community at large. They will also determine if the signs can be placed in the right-of-way. r am assuming the signs you requested at various locations throughout the city will also be placed in the city right-of-way. r will expedite your request and notify you when it is placed on the City Commission agenda. Sincerely, ;J-{J-rJ~ David Harden City Manager THE EFFORT ALWAYS MATTERS . . CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - SEPTEMBER 101 1991 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS ADDENDUM NO. 1 THE REGULAR AGENDA IS AMENDED TO INCLUDE: H. ACCEPTANCE OF OFFER OF SETTLEMENT: Accept an offer of settlement in the amount of $22/8501 inclusive of attorneys fees and costs to settle the City vs. Scurei eminent domain litigation. The City previously deposited $15/350 with the Registry of the Court when the property was acquired in Octoberl 1989. City Attorney recommends settlement of this case. 1. TRAFFIC SIGNAL INSTALLATION - S.W. 4TH AVENUE AND 10th STREET: Authorize the award of contract to SAS Signal Systemsl Inc. in the amount of $30/382 for installation of a traffic signal at S.W. 4th Avenue and 10th Street with funding from Environmental Services Repair and Upkeep Traffic Signals (Account No. 001-3141-541-33.38) . Account balance $401000. THE PUBLIC HEARING PORTION OF THE AGENDA IS AMENDED TO INCLUDE: C.1. RESOLUTION NO. 68-91: A Resolution setting forth the budget and rate schedule for the Stormwater Utility. ~~~ 5-0 [ITY DF DElRAY BEA[H CITY ATTORNEY'S OFFICE 200 !\W 1st AVENUE' DEWjA{ BEA<;'ii Fb~RIDA t,34ti F \CS1!\f1 L E 4()'" 78-4 ~'i - r t:er rec ne t., ' t,_ d (407) 243-7092 MEMORANDUM Date: September 10, 1991 To: City Commission From: Jeffrey S. Kurtz, City Attorney Subject: City of Delray Beach v. Scurei Our File No. 05-84.007 The City has received an offer to settle this matter for the payment of $22,850.00, $15,350.00 of which has already been deposited into the court's registry. This was an eminent domain case that was filed in June of 1989 and is being handled by the law firm 0 f Jones & Foster on behalf of the City. An Order of Taking was entered in this case on October 12, 1989 and it was pursuant to that Order that the City deposited the sum of $15,350.00 with the Registry of the Court. While title to the property has been transferred to the City, the actual trial on the valuation of the property is set to take place on a docket beginning September 23. The settlement of $22,850.00 includes all attorney's fees and costs which the government entity is required to pay in eminent domain proceedings. Because this figure includes the total settlement, including fees and costs, our office would recommend its acceptance by the City Commission despite recent work by an appraiser which indicates that the property has gone down slightly in value since 1989. This matter is being put on your September lO agenda as an addendum because the offer was received this morning at 9:00 a.m. and we would like to cease incurring trial preparation costs. Should you have any questions concerning this matter, please do not hesitate to contact our office. JSK:sh cc: David Harden, City Manager Bill Greenwood, Director of Environmental Services Joe Safford, Finance Director scurei.txt ~ $-0 Iv! E 1"1 CJ h: {:\ !,,) D U \'ll TU: :0(:1'-"/ I [) Hr,F~DE:I\i; C: I ''!''Y 1'"1{:)N(ibEH 1'I"lr;:LI:: fI; !;~~ ((~, ~~i\Ei,I~::II~ :=.; I:;: l~~ 1;;::, (:i,~: :::; ~'~ K ~:31~: p ~~ ::~ ~~: '~~ ;~~ C IT Y !vl () I',JP! b E h: ./ Tl"ih:Li: 'rED (31...,(,::3 'I PURCHASING OFFICER #// r::- F~ (J 'O'l"! ~ ,J (:1\\\ ICE: b L.. (~I 1. ,,{ \::: " B IJ'y' E F,: p SLJE,:,.JEC ! :~ rRP,FF I C; ~:; I Fil\!(,L., J 1\!STriL"L(iT I U!\\ f)(i'ToE: ~ :3[: F'r E ('i1::I[: F< lEl, 1991 F:E~qLli ~:,:i. t,i CH'j *1: ::::: /7 H :i. ":::; r- F..' .El (j )/ ..;:: C) r- fJ u. ~./ E:i ,:-- F'v" oc: E:'E, ~::;:i. n iJ c)r", t:,he F' ,/ J tE?rn + Dr' 'I" t'" .;::.. + + i. c: S :i. q !,,', a,:I. I n ".;;1::, i-J:I. 1 i:~, t :I, 0 j"'l In '!::, h E' t !"'! c::.' '::'i rf'! U U, ('I t .... " :'1: :::~; Vi ,,:; H 2 " (/1 VI n I am told by the Engineering D~:!p,:::.,r t, me:!"'1 t " ~:::; {::Ol ~::::; l..J";"" ::::~>/ ':::;t, c, in ~::; I fiC::l i ~::.~ ctJ.('r"'(::'r"tt.l \;l JjndE'r" c:: LWI t, r" ,::'H: t +c)r- l':h:i, ';:" ::3- f::.:'l'-' \/ 1. c: (:'~:. ':::;:i. !'ILl:::,:' \"1i:':i.i'..C!".J C)+ :!. c.:':~:3 '~,/ /I (i'l.:, t ":;". C !", f::' c! r:) I f:'.::~, ~:;f::':' + :i, ["I cI t. h f,:;" r'" E:' q tJ i ~::; J, t. 5. C) 1'''1 .;::~r)cJ ~:':'I, c C) p .}~' () + 'C:hi:::.:' c: Cl n 't: r'" ,:':'~, c:: t, q f.'? !"', l:::" r' ,:::i. -1.': (2 d :!. !"'1 1'1,;:), r" c: h :,~4 ~ 1. clE3'7 II F~12ase y"ev:iew ar'ld E~ c! \/ i :::; E:' rn E,:' i. + t: !') i ','; i n ~:; t '::1, J ]. ~:;'t t:. i (:)f") [,,!i 1 J r"iE,:'t:'!!d t, (J q (J b ~':':'l, c: k -1:: () C~: (J rT! rn :L ~:; '::::, i () r", +C)!(" ~::I. p p r~' C) \/ .::'~, 1 C) 1(" :i. + '1:',\"'1;:':;' t' \), f'.' L I. 'i a, '::'; ~::'~ C,i '" c! c! I...' c:,:,:';,r-'l 1"', C) V~J bE:' c: U. -1::. ~'~J i -1::, h (:) 1,..1. t. t,,,:.,kif'I(J bEI,c:k t:, () C~C)in{fi:i ~:;':;j, C.il"i I: C\T F' 16~,?i.iJL.I(~L? c::: 11',/ UF DEL..t;,:{i'{' HE(~ICI,-j 9/VI'//>:'il Purchase Requisition ....' BL\'y'E';t'" FI'--OCf':"<c;,'",:,i nq 1b:1/::I.:I. F;~ \", q j"',bt" , tI.)(/lOIfJi/i({i2 7 '7:3 Bv " , U{iHR I E~L DdtE~ kjC?iZJ4C? 1 . . t;;;~ (.:::. E\ ~::. C) r', . . " " 'I !::;~ {:I F F I c:: b I h 1"Hi L.. I !\~ ~3T {~\., L.. (I ''I I (J !\! \.Iel''', cI 01'. i'ibr" Clf-- Name SAS SIGNAL SYbTEMS I hie ~::;f?dt-- c:: I", t '/P E~ (B,/C) '::)1"'11 F) t. C) ( ....;'.i ) . " E~3 ENVIRONMENTAL.. SERVICES DE'} i "'/E'Y" b\/ cli:':ltc-:' . . 12f/.I/() :1 Tv' [J (~~ :i. n+ ()i""mE'!,t, i on <,'.nd/cll'" C)P t', i elf) '.I pf"E;~:;~:: EntE,?t'" u C: C) f1l1ll(':'j"', 'l: <;:.; \1 (y/t\l) (2io::::(:',c:ld i n+c) 1.1 c:: ,,:: C () ri'! rn E:' 1"'1 t '::; ~ D::::::De I t'~t E' '! G=Generate puo., c:.:! ::::: () l...l (:1 t. E.:' ~:::. L,j,rlf.:' Corn ~3u,b C!L\diTt: i t y UCil"1 Unj, t CD~3t iJF''\:, \,",,11:) f (, :") ( :.'..' (~;? c:I E:" c: i rfl ~:~:I. ~::; ) ( r? ) DE;':;:C f" :i. P t :i. on (Ll ci F~ c :i. ffk.:d '::::, ) :i. '::~; D ~::; FJ 2 " CJ iZJ aDD ~:; I EJr,1 (.'11.... ~:; I,",j 1 VJ S T / ~:)~AJ4 rillE 1. " ({WJ~)~.1 'lot: i:-:"1. " . " S(Zi::~;D2 " (!I VI F 1. '":E> i t F2::"C;,:;;l,r'IC f:,; 1 F' /1, ,,:: F;: E; t u, i'''' f"I tu ~":el"ldf:.'\''' F" !~:) ::::: 1\) i::?! n c:1 \:) t-. 'f :i, 1 F! mi:'~ :i, 1'''1 t F"/ ,,:: ,':!, d cI ' J i I'Hl + C) FU::"FE:q qL\C)t E";::, F'9;::::ht':'!r", p. ()" + 1''' C)iH t:,:n t i. \,., E'!! r E:'q F 1 ;::j::"(~IC C t, d:i. ~::,t [J,:j.,.,:::,4 Ej(~:l l'11..'.) f<'~:j 11;1 II ::31 i<B ,!;If F' :r h:20Ui2jH CI'TV UF I)ELh:(', Y fJEP,L/'1 C? /: !~~I ~) ..,/ (.1' 1 (:lC c: Dun t I n of DY" rn<::\ i::. i on 1 b ~ 1 Ci ~ '1-:5 F?Elqi"J. i ',",:i. t. :i, Ol"j nurnl::i(,~r" " . " . . . illli.101;d (~! ~;j 2/ '7 8 !::;;E'C! L\ i ~" :i" t ion ci ':::\ t:, E~ . . " " " " " <7' /ii'Jil,/91 fut:,<'),} + L1f" 'I::,I'''IC' '''' €-:'i.::p",\ i '",; it ion " . ::;;ii.j , ::~;U2" kjii.j TVDE:' i 1"', -f C) I'" in c....., '1::, i C) n c:ln c! / C)t~. urd:, :i, Dr, :; p"''' C?s;~"; E: n t. f2t'" " i,I,::".t.h~!.L c,t F:! E;-~ j::)C.'l"ld:i. t UI" E! F't'''UjE;'Ct PC')"" C E:.'l"'l t <:i(] E' m" DY" '"'' (irncJunt Upt (.~C:: C (Ju.r'( t r',,~ 1...1, rn b ('::! r" ( :'? C:JE'C:: i lTial'3) (2 j , l' c eClma, ',3) 1 ::::; 1 /I- :I. :::.; 4 :l ::::; ::::; :~~; F~ 1. ill VI " ({'.I (ZI :::; 0 ::::; Ei:? " il) II) Tnl" ,;:" 1 ;:::, " " lW!) " 00 :~;; \Zl , :S U:2" iLlIi) . .... .......... -.. F :I. :::::E:> i t f:" '? :::0: C:~ (3, r', C E' 1 1 ';":: "" (/I ::::; ::~;(', t"'lli~ f:' ~:;;; J 1"1 I I C;'I ,,::e ~ 'H .:1'3 ~,=1 ~~'?~ .-,--, ---1_ ~:EH:=r :':. ::. C-'~~'':.',;-~ .J,-~- ~-=:~:::~ .='~::.=':='C!'~~=' '__ . . I Ul () IQ I H n ~ ~ ~ ;:0 0 "'0 -4 J: :::0 > ~ I, M CC f'I'l ,." :;t.. 0 r-: >-3 t-< :J: ~ n roo -< ~ CJ I~ -1 I t::I ~ ::II': :!::Ii .., oJ >-rj '"' j , r"" 1'" H H '.... i ~ 8 ~ n n ~ , I ~ ~ ~ '~, ~ ~ 0 \ c rl~ c -4 ~ oj ~ '"" i'f] ~ '_ m,,.., 0 ~ I J > ::!:l;l;l :1; :) Z ~ ~...., E ~ I ...... ": ;;>j :tJi Vl \ 'J) 0 I ~ w ~, () -' '11 . 'r. , . 1:::1 I () 2: ~ ~ -i ~" ~I) ~ . t3 :<1 o I . u' j Z '0 I ;:J I ''1 .-1 __ _~__ '/_.'..__ _ ;0 --_._~...... , I ~ I I"'" , to< ,> I z I Z :z: LI1 I c.' l;:l ~H ;...c;: (;. ..... 1--1 0 ~ (fJ 0<00 t;) ::IC ~ 0 t I Z ::- <J'. '~ -< 0 L' ..... Cfl I 7 ~ _ _. .... _ ~ e;t< 0 ~ 1.0 '7' I~ k' .< ,..... p; < o P. I - I>' J;>. fJ; "., , ~ t":lu' H :z ~' 0' i ~ ~ ~ ~' ~ b z ~ iz f ~ I ~ ~ ee v 1. 1::0 ~ ~ ~w ~ N '=' < M 0 ~ Ul I \ ", .... H > n ~ \ !; -i - ... <Il I 0 ~ ~ ! ~ 1<<: 1>< II- ~ ~ ~ ~ I~ I ~ z ~ (fJ LI1 ~ '0 '~ ~ I g: ~ trJ 0 Z z z ~ ... ,., n ~ 1-1 Q ,..... n "l >' tOtAl ~ >< LI1 Z trl (fJ 0 Ul 1:1 I ~ :;d ..... . ~ - ~ (/I <(/)~ ~ >< >< ~~~ g~~ ",~t"' ,~ ~ Z ~ ..,. H H "f-3~ ~ 'l~ Ul !2: r < , 0 - -. \ ~ ~ <Il ~ ~~ - o H <~ ~ .-< >< ~ [iJ ~M ~ H 'C:l 0 S! z ~~~ ~ z ~ ~ ~ ..... c.n ;J.o' ~o "l o~ I >-rj ~ I I ~ ., 'OT~L F. Cl~ . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM #JoR~SL MEETING OF SEPTEMBER 10, 1991 COMMISSION APPROVAL OF 1991-92 TENTATIVE BUDGET AND MILLAGE Pursuant to Section 200.069 of the Florida State Statues (T.R.I.M.) and Section 4.05 of the City Code of Ordinances, the tentative budget for 1991-92 is hereby submitted for adoption/amendment. The tentative millage rate is submitted by Resolution at $7.35. I will, however, provide you with a proposal to further reduce the tentative budget and millage. CoPy ~ .5-0 ,0 'KGS. 00-C1 \ e,u[)G€r ~ILS fo.~ OtE\ Ltfbn 1- .q5 t:.x~Of) ~ yk 1.\ 5 two ~/7,ql ~ 5-0 1\eo i5ED ~'r ~ ~()OflI?E., . _,_____._ _.__u,_..,__._....~_._ ._.___.__~.>._.__' ___.____. -- .-----....----..--------...- _._~ --. -.-. ..----- ----, ---.---."---- -----~-- ___._--.--....-..------.--.-...... n______'u --~ RESOLUTION NO. 66-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DEL RAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That there shall be and hereby is appropriated for the General Fund operations of the City revenue derived from the tax of $6.2000 per one thousand ($1,000) dollars of assessed valuation w~ich is hereby tentatively levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 1991, and terminating September 30, 1992, the assessed valuation on all taxable property for operating purposes within the City of Delray Beach being $2,536,134,352 for operating and for maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The tentative operating millage rate of $6.2000 per one thousand ($1,000) dollars does exceed roll back of $5.8593 per one thousand ($1,000) by $0.3407 per one thousand ($1,000) dollars which is 5.8147% of the rolled back rate. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $2,288,861 and that there is hereby appropriated for the payment thereof, all revenues derived from the tentative tax levy of $0.9500 per one thousand ($1,000) dollars of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 1991, and terminating September 30, 1992, upon the taxable property of the City of Delray Beach, the assessed valuation being $2,536,134,352. , Section 3. That the above tentative millage rates are adopted : subject to adjustment in accordance with Section 200.065(5) of the ~ Florida Statutes which provides that each affected taxing authority may i adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to ~ection 200.065(1) is at variance by more than three (3) percent with the taxable value shown on the roll to be extended. Section 4. That a Public Hearing was held on the proposed Budget on September 10, 1991. PASSED AND ADOPTED in regular session on this the 10th day of September, 1991. ~~;L. ATTEST: &Mn 'f/)lr'. J/.u ~ I/o "<fz{ ,/ City C erk . _.__._. .-0.- ~_..____ '._ .._ __"__~_. ,,'__"~__. ~ .--..-_'._ ~-_.-_._-----_._--_..__._--_.- - ! I RESOLUTION NO. 67-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1991, TO THE 30TH DAY OF SEPTEMBER, 1992; TO PRESCRIBE THE TERMS,. CONDITIONS AND PROVISIONS WITHIN RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit A, be and the same are hereby tentatively appropriated upon terms, conditions and provisions hereinabove and hereinafter set forth. Section 2. That all monies, hereinbefore appropriated are appropriated upon the terms, conditions, and provisions hereinbefore and hereinafter set forth. Section 3. That subject to the qualifications contained in this resolution all appropriations made out of the General Fund are declared to be maximum, conditional, and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1st day of October, 1991, and terminating the 30th day of September, 1992, for which the appropriations are made, are sufficient to pay all the appropriations in full; otherwise the said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1st day of October, 1991, and terminating the 30th day of, September, 1992. , Section 4. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 1991, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1st day of October 1, 1991, provided, however, nothing in this Section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these funds for the fiscal year commencing the 1st day of October, 1991. Section 5. That no department, bureau, agency or individual receiving appropriations under the provision of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained; and if such department, bureau, agency, or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal thereof. . -."--.- .".....---_..~--, - ..'---.<......~_. -"~_. -".. ~._- -".. , I i ! ; , Section 6. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 7 . That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, i Sanitation Fund or any other Fund of the city shall be expended for any purposes than those for which they are appropriated, aRd it shall be the I duty of the Budget Director and/or Finance Director to report known , I violations of this section to the City Manager. I Section 8. That all monies collected by any department, bureau, agency or individual of the City Government shall be paid promptly into the City Treasury. Section 9. That the foregoing budget be and hereby is tentatively adopted as the official budget of the City of Delray Beach for the aforesaid period. Provided, however, that the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 10. That this resolution shall be effective on October 1 , 1991. PASSED AND ADOPTED in regular session on this the 10th day of September, 1991. ~~ I' M ~O R ATTEST: o it (;rn f()J~ &ci:! IIoDiy I , , I City erk I i : -2- Res. No. 67-91 . . BUDGET SUMMARY CITY OF DELRAY BEACH - FISCAL YEAR 1991/92 THE PROPOSED OPERATING BUDGET EXPENDITURES OF THE CITY OF DELRAY BEACH ARE 2.93 Ofo MORE THAN LAST YEAR'S TOTAL OPERATING EXPENDITURES, General Special Enterprise Total Fund Revenue Funds Funds Cash Balances Brought Forward: $75,000 $293,518 $ $368,518 Estimated Revenues: TAXES; Millages Ad Valorem Taxes 6.20 $14,993,357 $14,993,357 Ad Valorem Taxes 0.95 2,288,861 2,288,861 Ad Valorem-Delinq, Pen, & Interest 290,000 290,000 Sales and Use Taxes 847,430 847,430 Franchise & Utility Taxes 6,581,100 6,581,100 Licenses and Permits 1 ,306,510 1,306,510 Intergovermental Revenue 4,259,100 987,000 57,000 5,303,100 Charges for Services 728,925 20,908,082 21,637,007 Fines and Forfeitures 360,500 135,000 495,500 Miscellaneous Revenues 2,418,870 142,500 732,581 3,293,951 Other Financing sources 1 ,941 ,530 645,910 50,000 2,637,440 Total Revenues and other Finacing Sources $36,016,183 $1,910,410 $21,747,663 $59,674,256 Total Estimated Revenues $36,091,183 $2,203,928 $21,747,663 $60,042,774 and Balances Expenditures/Expenses: General Government $4,887,696 $128,400 $5,016,096 Public Safety 19,688,643 180,115 19,868,758 Physical Environment 277 ,545 12,276,055 12,553,600 Transportation 1,150,030 1,150,030 Economic Environment 161,815 1,242,910 1,404,725 Culture/Recreation 4,706,138 308,273 1,586,285 6,600,696 Debt Service 3,865,063 4,725,617 8,590,680 Interfund Transfers 1,281,863 344,230 2,874,718 4,500,811 Internal Services 72,390 0 0 72,390 Total Expenditures/Expenses $36,091,183 $2,203,928 $21,462,675 $59,757,786 Reserves 0 0 284,988 284,988 Total Expenditures/Expenses Unappropriated/appropriated $36,091,183 $2,203,928 $21,747,663 $60,042,774 THE TENTATIVE, ADOPTED AND/OR FINAL BUDGETS ARE ON FILE IN THE OFFICE OF THE ABOVE MENTIONED TAXING AUTHORITY AS A PUBLIC RECORD. W ~ . . EXHIBIT A ~ BUDGET SUMMARY CITY OF DELRA Y BEACH - FISCAL YEAR 1991/92 General Special Enterprise Fund Revenue Funds Funds Cash Balances BrouQht Forward: $ $288,318 $ Estimated Revenues: TAXES: Millages Ad Valorem Taxes 6.40 $15,822,083 Ad Valorem Taxes 0.95 2,288,861 Ad Valorem-Delinq, Pen. & Interest 290,000 Sales and Use Taxes 847,430 Franchise Taxes 6,556,100 Licenses and Permits 1,276,510 Intergovermental Revenue 4,257,100 987,000 57,000 Charges for Services 726,925 20,900,797 Fines and Forfeitures 360,500 135,000 Miscellaneous Revenues 2,368,870 142,500 732,579 Other Financing sources 1 ,941 ,530 480,000 50,000 Total Estimated Revenues $36,735,909 $2,032,818 $21,740,376 and Balances Expenditu res/Expenses: General Government $5,475,487 $128,400 Public Safety 20,367,740 174,915 Physical Environment 119,540 12,207,523 Transportation 750,735 Economic Environment 181,815 1,077,000 Culture/Recreation 4,146,883 308,273 1,586,285 Debt Service 3.866,889 4,725,617 Interfund Transfers 344,230 2,874,718 Internal Services 73,710 0 0 Total Expenditures/Expenses $34,982,799 $2,032,818 $21,394,143 Unappropriated funds/Reserves 1,753,110 0 346,233 Total Expenditures/Expenses unappropriatedlappropriat: /~35'909. 2,032,818 21,740,376 ~ r, ~ 0l' ~d' oj' rJ,r wY~ ~ ~ to ~ J~ ~ . D MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJ'Jt1 SUBJECT: AGENDA ITEM # ICe." - MEETING OF SEPTEMBER 10, 1991 STORMWATER UTILITY ASSESSMENT DATE: September 6, 1991 This item is before you to hold a public hearing on the adoption of a non-ad valorem assessment roll for the Stormwater Utility Assessment. Because the boundaries of the City have been expanded (annexations), a public hearing is required in accordance with Florida Statutes Section 197.3632. The roll, in both hard copy and magnetic tape form, will be available for review qt your Tuesday evening meeting. Recommend adoption of the non-ad valorem assessment roll and certify it to the Palm Beach County Tax Collector for inclusion on the November 1991 property tax roll. ef-- H d d f..ndccrYI I-t-Em Jo,C, { (& _ /;g-9/) ~p~~OW -5-0 . MEMORANDUM TO: David T. Harden City Manager THRU: Mark A. Gabriel, P.E.~~ Asst. Dir. of Env. Svcs./City Engineer FROM: Robert Taylor I) I l 1/ Dep. Dir. of Env. svcs./Public Works DATE: August 26, 1991 SUBJECT: AGENDA REQUEST FOR STORMWATER UTILITY ROLL Attached is an agenda request for the adoption of the non-ad valorem stormwater utility assessment roll. Previously you had approved this date for this Public Hearing (See attached memo) . Also, I have attached a copy of the agreement between the City of Delay Beach and the Palm Beach County Tax Collector for collection of the assessment by the Tax Collector. The roll, in both hard copy and magnetic tape form, will be available at the September 10, 1991 Commission meeting. If you have any questions regarding this matter please call me at extension 7337. --- - ./ /, /r /' ~ Robert Taylor / RT:mm cc: Susan A. Ruby, Asst. City Attorney II Jan Williams, Utility Billing Manager Richard Zuccaro, M.I.S. Officer File: RTAGR826.MRM - Memos to City Manager . / ) ) ,/ J // " NON-AD VALOREM ASSESSMENT AGREEMENT / / The Tax Collector of Palm Beach County and The City of Delray Beach hereby agree as follows: l. The City of Delray Beach shall meet all the requirements of Florida Statutes 197.363 and 197.3632 for the implementation of the City's non-ad valorem assessment billing. 2. The City of Delray Beach further agrees that it shall provide to the Tax Collector compensation for the actual cost of collecting this non-ad valorem assessment as provided in Florida Statutes. (F. S. ~l97.3632 ( 8 ) ( C) ) 3. Upon the performance by The City of Delray Beach of the requirements of the above statutes and this Agreement, the Tax Collector agrees to implement The City of Delray Beach's non- ad valorem assessment billing and collection. 4. This Agreement shall be in effect for the tax year 1991 and subsequent years thereafter unless cancelled by either the City or the Tax Collector by giving notice in writing to the other at least one year prior to the effective date for cancellation. S. This Agreement may be modified by both' parties in writing provided_,such modifications are agreed upon prior to any notice -- of termination. I I 6. This Agreement shall be changed, modified/or amended , in writing as necessary to conform with any new statutory requirements when and if enacted into law. DATED this 22 day of May , 1991. City of Delray Beach , /."' )/' ,-) .. )/J B\~ U l:["c??1 L {(~~(( -- - Allen C. Clark, as fax Collector for Palm Beach County Attest; 0.11 (Jrfn 'fl)ll'.JiH.tp J./aE{ City Clerk - -- .,,., . ( ( DEPARTMENT OF ENVIRONMENTAL SERVICES M E M 0 RAN DUM TO: DAVID T. HARDEN THRU: WILLIAM H. GREENWOOD 4J I()J DIRECTOR OF ENVIRONMENTAL SERVICES FROM: ROBERT B. TAYLOR, P.E. fIe < DEPUTY DIRECTOR OF ENVIRONMENTAL SERVICES DATE: AUGUST 6, 1991 SUBJECT: STORMWATER UTILITY ASSESSMENT - PUBLIC HEARING Florida Statute Section 197.3632 requires that the City adopt a non-ad valorem assessment roll at a public hearing prior to September 15, 1991 for the upcoming stormwater utility assessments. Since we are supposed to receive the final appraisal file tape from the Palm Beach County Property Appraiser's Office on September 1, 1991, we would like to have this public hearing at the regularly scheduled City Commission Meeting on September 10, 1991- Public notices, both individual and newspaper are being arranged and will be finalized upon approval of this date. Please advise as to the availability to hold this public hearing at this meeting so that we may finalize arrangements. If you have any further questions or comments regarding this matter please call me at extension 7337. RT:kt RTDH86.kt cc: Susan Ruby, Asst. City Att-u TT Jan Williams, Utility Bil ~onnie Chin, Data Process I _ i Interoffice Memos: Memos ~,. /(t - I -' I '1/"'Jit.'7Z,- L. ._r.-; 'L . '1: t I ---- , . ....', /./ ' ) , ,. ./'. " ._ ~ /,r + l.. f N'-1IC!' ',' , "t, I !' j ... . \..--, --- '-/ I ~ - V /1' L-,,'-- "I" t, ,c~/ elr"': '1\ ' , L' Z)t \ . - Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: 8/26/91 ---X- Regular Agenda ____Special Agenda ____Workshop Agenda (Public Hearing) When: 9/10/91 Description of agenda item (who, what, where, how much) Ado?t a non-ad valorem assessment roll for stormwater utility assessments. Requires a Public Hearing per F.S. 197.3632. Administrative costs to be paid from 448-5411-538-33.19. ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED YES/NO Recommendation: Certify a non-ad valorem assessment roll to the Palm Beac.h County Tax Collector for inclusion on the November 1991 property tax roll. Department Head Signature: Determination of consist 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 ~I Hold until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . RESOLUTION NO. 68-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH ORDINANCES NO. 21-90, 49-90 AND 8-91 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY. BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER MANAGEMENT ASSESSMENT ROLL. WHEREAS, the City Commission of the City of Delray Beach, Florida did, on July 6, 1990, adopt Ordinance No. 21-90 which enacted a new Chapter 56, entitled, "Stormwater" of the Code of Ordinances of the City of Delray Beach, Florida, which provides for the creation and establishment of a City-wide Stormwater Management System; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on October 23, 1990, adopt Ordinance No. 49-90 which enacted a new Section 8.4.16, entitled, "Stormwater Management Assess- ments", amending the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, which provided for the method of establishing and collecting Stormwater Management Assessments; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on February 26, 1991 adopt amending Ordinance 8-91, which amends certain definitions and the rates to provide for certain discounts and adjustments; and, WHEREAS, the statutory authority for the creation and imple- mentation of Ordinance 21-90, Ordinance 49-90 and Ordinance 8-91 and is predicated on Article VIII, Section 2 (b) of the Florida Constitution; Chapter 166, Florida Statutes, as amended and supplemented; Section 403.0893, Florida Statutes, as amended and supplemented; Chapter 197, Florida Statutes, as amended and supplemented; the City Charter of the City of Delray Beach, Florida; and other applicable provisions of law; and, WHEREAS, the City Commission of the City of the City of Delray! Beach, Florida, has found that owners, tenants and occupants of property within the geographical boundaries of the City will derive a special! benefit from the effective management of stormwater and other surfacel water and from the operation, maintenance and expansion of thei stormwater management system; and, ! WHEREAS, Ordinance 21-90 as amended by Ordinance 8-91 establishes that the rate for Stormwater Management Assessments for each parcel within the benefited area, other than respect to non-assessed property, shall be established each year by resolution of the City Commission; and, . I I H." WHEREAS, Ordinances 21-90, as amended by Ordinance 8-91 and 49-90 provide that such rate resolution shall not be adopted prior to the establishment of an operational budget for the system or prior to conducting a rate hearing as required by applicable law; and, WHEREAS, Ordinance 21-90 provides that such budget shall include, but not be limited to a capital element, a debt service element and an 0 and M element and further requires that the rate hearings and rate resolution shall clearly establish what portion of the Stormwater Management Assessment reflects the capital element, the debt service element, if any, and the 0 and M element; and, WHEREAS, Ordinance 21-90 provides that the initial stormwater budget shall also include, but not be limited to, all costs of creating the system, including legal fees and expenses and the fees and expenses of the Consulting Engineer, the reimbursement of the City's general fundi for any monies (other than the proceeds from voter-approved debt) i appropriated to pay the cost of making additions, extensions and improvements to the existing system; and, WHEREAS, a budget of operation for the year ending September 30, 1992 is set forth herein in Exhibit A and is established in conformity with the requirements of Ordinance 21-90, 8-91, and Ordinance 49-90; and, WHEREAS, billing and collection of the Stormwater Management Assessment shall be accomplished utilizing the uniform method of I collection; and WHEREAS, a rate for Stormwater Management Assessments for the various classes of property (other than non-assessed property) within the benefited area shall be calculated as provided in Ordinance 21-90, as amended by Ordinance 8-91 and Ordinance 49-90 and as further set forth in Exhibit B to this Resolution; and, WHEREAS, a public hearing on this resolution setting the rates and adopting the budget and for the purposes of adopting and certifying a stormwater assessment role was duly noticed; and, WHEREAS, the City, upon adoption of the budget and rates shall review the stormwater assessment roll to determine its conformity with the proposed rate resolution and if upon the completion of such review the City shall be satisfied that the Stormwater Management Assessment Roll has been prepared in conformity with the proposed rate resolution, it shall adopt said resolution and ratify and confirm the Stormwater Management Assessment Roll and certify that the Stormwater Management Assessment Roll is correct and proper and is to be used in collecting the Stormwater Management Assessments. Thereafter, the City Commission, if no objections are made by persons affected by the assessment roll at the publiC hearing or if objections having been made are deemed insufficient by the City Commission, shall thereupon adopt the assessments as shown by the Assessment Roll; and, WHEREAS, the owner of each parcel within the benefited area for which a Stormwater Assessment is levied, shall thereafter be respon- sible f9r payment thereof. 2 RES. NO. 68-91 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE' CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City COllUOission of the City of Delray; Beach, Florida does hereby adopt the aforementioned preamble in its entirety. Section 2. That the City COllUOission of the City of Delray Beach, Florida does hereby adopt, after public hearing the budget as established in Exhibit A hereto which is incorporated herein. Section 3. That the City COllUOission of the City of Delray, Beach, Florida does hereby adopt, after public hearing, the rates as set forth in Exhibit B which are incorporated herein. Section 4. That the City COllUOission of the City of Delray! Beach, Florida hereby adopts and certifies the Stormwater Managementl Assessment Roll. PASSED AND ADOPTED in regular session on this 10th day of Sept~ber , 1991. ~~ Attest: O1Unn!!!:.~ )/, ~ 1Ia/7I; City Cle k ,. 3 RES. NO. 68-91 . ,"." EXHIBIT A STORMWATER UTILITY BUDGET FOR FISCAL YEAR 1992 Fund 448 Storm Water Utility Fund Account Dept 54 Storm Water Utility Div II Administration PROPOSED ACCOUNT DESCRIPTION BUDGET Salaries - Wages Regular $ 20,300 FICA l,570 Health/Life/Disability 2,380 Worker's Comp 90 UnemploYment Compen- . sation 55 Total Personal Services $ 24,395 Consulting $ 20,000 Other Professional Service 55,130 Share of Admin Expense 73,950 Insurance Expense 23,105 Office Supplies 500 Total Operating Expenses $ l72,685 Equipment - Other $ 1,800 Total Capital Outlay $ 1,800 1 of 2 Fund 448 Storm Water Utility Fund Account Dept 54 storm Water Utility Div 11 Administration PROPOSED ACCOUNT DESCRIPTION BUDGET Contingency $ 4,040 Project Reserve Total Non-Operating $ 4,040 Total Administration $ 202,920 2 of 2 ~ 'I' EXHIBIT A STORMWATER UTILITY BUDGET FOR FISCAL YEAR 1992 Fund 448 Storm Water Utility Fund Account Dept 54 Storm Water Utility Div 16 Street Sweeping PROPOSED ACCOUNT DISCRIPTION BUDGET Salaries - Wages Regular $ 90,820 Overtime Reg. Emp. 1,520 FICA 7,350 Retirement Contribution 6,810 Health/Life/Disability 9,610 Worker's Comp 5,970 UnemploYment Compen- sation 220 Total Personal Services $ 122,300 Repair & Upkeep Equip $ 500 Repairs City Garage Ovrhd 5,160 Repair & Upkeep Other 16,800 Uniform & Linen Service 2,250 Travel & Training 1,950 Repair & Upkeep Canals 2,000 Operating Supplies 6,640 Gas, Oil & Lubricants 3,540 Tires Tubes & Access. 1,000 Const Material - Other 4,400 Vehicle Replacement 12,520 Total Operating Expenses $ 56,760 Improvement - Other $ 57,722 Total Capital Outlay $ 57,722 Total Street Sweeping 236,782 EXHIBIT A STORMWATER UTILITY BUDGET FOR FISCAL YEAR 1992 Fund 448 Storm Water Utility Fund Account Dept 54 Storm Water Utility Div 6l Capital PROPOSED ACCOUNT DESCRIPTION BUDGET N.W. Drainage Project $ 256,298 Total Capital Outlay $ 256,298 Total Capital $ 256,298 Total Storm Water Utility $ 696,000 Storm Water Utility Fund $ 696,000 EXHIBIT B Total l2 Month Property Description Rate Structure Assessment Single Family Residential ($2.25/Mo./ERU)(12 Mo.)(lERU) $ 27.00 Condominium ($2.25/MO./ERU)(12 Mo.) [Condo Factor $ 27.00 X CF* (ERU/Unit)] Single Owner Multi- Family Residential ($2.25/Mo./ERU)(12 Mo.) $ 27.00/ERU Non-Residential Developed ($2.25/Mo./ERU)(12 Mo.) $ 27.00/ERU Undeveloped ($2.25/Mo./ERU)(12 Mo.)(1.20 ERU/AC) $ 32.40/AC All properties within the Lake Worth Drainage District, as indicated by the Palm Beach County name-address-legal file (NAL) shall receive a 25% discount. All properties for which the City does not provide for the maintenance of street drainage systems shall receive a 25% discount. * A specific condo factor (0.0 - 1.0) has been determined for each condominium development. A list of those factors is attached. City of Delray Beach Environmental Services Department Stormwater Utility Division February 19. 1991 Condominium Factors -------------------------------------------- ---------------------------------- Condominium Property I.D. ERU/Unit ------------------ -------------- ------- ------------------ -------------- ------ 1 Admiral Apts. 1243461648 0.70 2 Anchorage 1243461663 0.36 3 Balmora1 1243462119 0.57 4 Banyan House 1243462118 0.52 5 Banyan Tree ViII. 1243462130 0.96 6 Bar Harbour 1243461636 0.39 7 Barr Terrace 1243461644 0.38 8 Barrton Apts. 1243462122 0.46 9 Beach Cabanas 1243461667 0.64 10 Beekman 1243460941 0.70 11 Bermuda High 1243462814 1.00 12 Bermuda High S. 1243462815 0.94 13 Bermuda High W. 1243462841 1.00 14 Brooks Lane 1243462129 1.00 15 Cambridge 1243462823 1.00 16 Captains Walk 1243463333 0.86 Condominium Factors -----=====------------====================== Condominium Property I.D. ERU/Unit =---========== ============= ------- --------- 17 Cas a Del Mar 1243462125 0.49 18 Chevy Chase 1243460940 0.70 19 Churchill 1243462132 0.60 20 Coastal House 1243462825 0.41 ~1 Commodore Apts. 1243461649 0.70 ~2 Coral Cove 1243461654 0.70 D Costa Del Rey 1243462835 0.63 ~4 Costa Del Rey N. 1243462846 0.77 25 Court of Delray 1243462829 0.40 ~6 Crest 1243461657 0.79 ~7 Del Harbour 1243462824 0.32 ~8 Del Haven 1243462121 0.74 ~9 Delray Bch Club 1243462834 0.47 lO Delray Estates 1243461910 0.55 1243461913 1243461915 1243461926 11 Delray Harbour Cl. 1243462142 0.44 12 Delray Oaks 1243463002 0.95 13 Delray Oaks W. 1243463014 0.95 14 Delray Swmni t 1243461633 0.41 15 Domaine De1ray 1243462143 0.91 i 6 Dover House 1243461678 0.48 Condominium Factors ====================--- --================= Condominium Property 1.0. ERU/Unit ---==--====== ==== -===== ------ ------- 37 East Haven 1243461637 0.70 1243461638 38 Eastview ViII. Sq. 1243462845 1.00 39 Eastwinds 1243463019 0.69 40 800 Ocean Pl. 1243460942 1.00 41 Environment I 1243463017 0.93 42 Fairway 1243461911 1.00 43 Fall Ridge 1243462036 1.00 44 First Encounter 1243461818 0.70 45 Golfview Colony 1243461929 1.00 46 Greeensward Vill. 1242462403 0.91 47 Grove 1243461659 0.99 48 Hamilton House 1243462127 0.77 49 Harbour Villas 1243462839 0.56 50 Harbourside I-III 1243462126 0.67 51 High Point 1242461310 0.76 1242461311 1242461312 1242461313 1243461807 1243461808 1243461809 1243461810 52 Imperial Manor 1243461631 0.70 53 Imperial Villas 1243461914 0.96 54 Inlet Cove 1243460960 1.00 Condominium Factors ============================================ Condominium Property I.D. ERU/Unit ------------------ -------------- --------- ------------------ -------------- --------- 55 Inner Circle 1243461652 0.72 56 Jardin Delmar 1243461658 0.83 57 Lago Del Rey 1243461918 0.86 1243461932 1243461935 1243461937 58 Lakeview Greens 1242462405 0.90 59 Landings of D.B. 1243460954 0.63 60 Lavers Racquet CI. 1243462916 0.99 1243462921 61 Linton Ridge 1243462040 0.39 62 Linton Woods 1243462135 1.00 63 Manor House 12434616A5 0.67 64 Martel Arms 1243460950 1.00 65 New Monmouth 1243461632 0.70 66 Ocean Aire 1243461642 0.70 1243461643 67 Ocean East 1243461650 0.70 68 Ocean Place 1243461674 1.00 69 Ocean Terrace 1243461634 0.70 70 Outrigger 1243462812 1.00 1243462813 71 Palm Square 1243461651 0.70 72 Palm Trail 1243460944 0.70 1243460945 73 Palm Villas 1243461927 1.00 74 Park View Manor 1243461640 0.55 -- 75 Penthouse Delray 1243462816 0.41 76 Pines of Delray 1243461916 0.72 77 Pines of Delray W. 1243461928 0.75 Condominium Factors ----=======--====--====----======== Condominium Property I.D. ERU/Unit ------- ----- - ---- - ----------- ----------- ------ 78 Plum 1243461664 1.00 79 Sabal Pine 1243463001 0.85 80 Sabal Pine East 1243463006 0.93 81 Sabal Pine South 1243463004 0.87 82 Seagate Manor 1243461639 0.51 83 Seagate Towers 1243461645 0.49 84 Seastone Apts. 1243460961 0.34 85 South Ocean 1243462836 1.00 86 South Shore Club 1243462137 1.00 87 Southridge 1243462046 1.00 88 Southridge Village 1243462039 0.90 89 Southwinds 1243463022 0.69 90 Spanish River 1243461671 0.34 91 Spanish Trail 1243462832 0.59 92 Spanish Wells 1242462503 0.72 1242462504 93 Talbot House III 1243461682 0.70 94 Town & Country 1243462913 1.00 95 Tropic Bay 1-17 1243462826 0.61 96 Tropic View 1243462859 1.00 97 Valhalla 1243460948 1.00 98 Waterview Apts. 1243462120 0.67 99 Waterway North 1243460955 0.92 ~ 'I' Condominium Factors ================================ Condominium Property I.D. ERU/Unit ======-----======= ===---======== -------- ------ ,00 Wedgewood 1243461641 0.70 ,01 Williamsburg Inn 1243461656 0.70 ,02 Windemere House 1243461655 0.63 03 Winston 1243461670 0.56 04 Woodbrooke 1243461931 0.66 05 Country Manors 1242461204 1.00 06 Coach Gate 1243461668 0.97 07 Tahiti Cove 1243461672 0.79 08 Berkshire I 1243462133 0.79 09 Pines of Delray N. 1243460705 0.99 10 Serena Vista 1243463310 1.00 11 Pelican Pointe 1243463234 1.00 12 Tropic Harbor 1243462817 0.49 1243462818 1243462819 1243462820 1243462822 1243462827 1243462828 13 Delray Prof. 1243460726 1.00 14 Marly 1243460949 0.58 15 De+ray Golfview 1243461922 0.57 16 Berkeshire II 1243461673 1.00 17 Waterway East 1243461662 1.00 Condominium Factors ------------------- -==- - --- -- ------------ Condominium Property I.D. ERU/Unit = -========== =====---==- ,g ---- L18 Vacation Beach 1243461677 0.70 L19 Miramar Gardens 1243461681 l.00 ~20 Tropic Isle 1243462842 0.70 ,21 Fed Savings 1243460956 0.70 ,22 99 Seabreeze 12434616A6 0.69 ,23 Cove Apts 12434616A7 0.70 ,24 One ten Apts 12434616B1 0.70 ,25 Madden Delray 12434616B2 0.70 26 1002 Ingraham 1243461653 0.70 27 1000 Ocean Terr. 1243461660 0.70 28 Vacant 1 1243461665 0.70 29 1&2 Apts. 1243461666 0.50 30 210 SE 1 Ave 1243461669 0.70 31 355 Bldg. 1243461674 l.00 32 336 Venetian 1243461676 0.70 33 303 Gleason 1243461679 0.70 34 Vacant 2 1243461686 0.70 1243461687 1243461688 35 160 S.E. 6th 1243461689 l.00 36 Storall 1243461838 0.70 37 Vacant 3 1243461940 0.70 38 876 17th Ave 1243461943 0.70 ~ '" . .- Condominium Factors =---======================================== Condominium Property I.D. ERU/Unit =--",--===== ====-----= ---- ----- ,39 Gwenzell 1243462051 0.70 40 900 S.W. 15th 1243462054 0.70 41 16244 S. Military 1242462512 0.70 42 900 S. Ocean 1243462123 0.70 43 1705 Del Harbor 1243462136 0.70 44 1020 Casuarina 1243462148 0.70 45 Vacant 4 1243462149 0.70 46 505 S.E. 6th 1243462156 0.70 47 1040 Del Harbor 1243462157 0.70 48 1708 S. Ocean 1243462837 0.70 49 The Pointe 1243463223 0.69 1243463231 =___=======- :::a:--====--~===========_-=-~- . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS /;A1 FROM: ~CITY MANAGER SUBJECT: AGENDA I'I'EM # 10 0 - MEETING OF SEPTEMBER 10, 1991 ORDINANCE NO. 54-91 DATE: Septeffiber 6, 1991 This is a second 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), General Commercial (GC) and Planned Commercial (PC) zone districts. 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 hearings are being held in accordance with Florida Statutes 166.041(c) . This ordinance incorporates direction received at your 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, DO.lr.town Development Authority, and the attending citizenry. A joint meeting between the three boards was held on September 5, 1991. The Planning and Zoning Board at their September 5th special meeting recommended that Ordinance 54-91 be approved but only after substation modifications are made. Those modifications are delineated in the staff report attached as backup material for this item. Recommend that the Commission continue consideration of the ordinance wlth direction to the City Attorney to prepare a revised draft pursuant to the recommendation of the Planning and Zoning Board, ~~ cf /m~ !kt cfk ~ m7 9/16/9/ Om !motion I ~ ~ ~ ~ 'Ke- ~~ ~ !J:FK-- . C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID HARDEN, CITY MANAGER ~\ \( ~ 0~~. \ 00 CQ.A..S FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 10, 1991 ORDINANCE 54-91: "MARKETS" ACTION REQUESTED OF THE COMMISSION: The action before the City Commission is that of approval, on second reading, of an ordinance which provides for the definition, regulation, and establishment of "markets" within the City. BACKGROUND: The third draft of the proposed ordinance is officially before the City Commission. This is the draft which was considered at first reading on August 27th. Subsequent to first reading, the Planning and Zoning Board conducted a public review. Comments and suggestions were received from the following individuals and groups: C.R.A. (Egan, Sumrall, Gracey) D.D.A. (Simon, Spence) P.R.O.D. (Coopersmith) D.C.O.C. (Klarer) W.A.P.O.A. (Zimmerman) Bazaar Rep. (Siegel) Citizens (Stokes, Kiselewski) PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a Special Meeting of September 5, 1991. On a 7-0 vote, the Board recommended that Ordinance 54-91 be approved BUT ONLY AFTER SUBSTATION MODIFICATIONS with respect to the following items: 1. Definitions: The definition should not include all business establishments but only those which have access via a common interior courtyard, foyer, common area i.e. it should not include standard shopping centers and free-standing buildings where entry from businesses is directly to the outside (store fronts along a street). Clarification is necessary so that markets include both inside and outside situations. There is to be no differentiation with respect to whether items to be sold are new or used. '1.1. City Commission Documentation Ordinance 54-91: "Markets" Page 2 2. Exclusions: Certain types of markets should be excluded from the provisions of these special regulations. Recommended exclusions include: * indoor "markets" of less than 10,000 sq. ft. * indoor "markets" when a secondary use to the major use e.g. a hotel, office building, etc. * an antique market (only antique shoppes). * an artisan market (only the creation and sale of original products). * farmers market. (NOTE: Other exclusions can be added with adoption of this ordinance or through a subsequent revision. It may be necessary to provide specific definitions for each of the excluded "markets".) 3. Traffic: Retain requirement for a traffic study which provides an assessment of impacts of the use as a 100% traffic attractor i.e. not allowing for internal capture and bypass trip reductions. The traffic study is to also address on-site traffic circulation considerations. No special processing fees to be assessed. 4. Parking: No changes. 5. Tenant Space: Use an average tenant space along with an absolute minimum. This will result in a mix of tenants with respect to products and scale; while providing flexibility to the operators. (NOTE: The average and the minimum must be established in a reasonable manner.) 6 . Architectural Review: The Board consensus (6-1) was to not review and regulate the interior architecture from an aesthetic perspective. 7. Exceptions for Special Displays and Public Information Displays: No changes. 8. Conditional Use Requirement: No change. 9 . Signage: Add a standard which allows exterior signing only to the extent of identifying the name of the "market". Directory signs and individual business signs not to be accommodated on the exterior. Exterior window signing not to be accommodated. city Commission Documentation Ordinance 54-91: "Markets" ' Page 3 ALTERNATIVE ACTIONS: 1. Proceed with the ordinance as written and direct the City Attorney to prepare a modification which reflects the Planning and Zoning Board recommendations. This approach will require readvertising with two quarter-page ads ($1,400 cost). In the meantime (two months), the ordinance (as written) will be in effect and it may adversely affect some new ventures. 2. Continue consideration of the ordinance with direction to the City Attorney to prepare a revised draft pursuant to the recommendations of the Planning and Zoning Board (with or without additional direction from the Commission). 3 . Deny the proposed ordinance and take no further action. RECOMMENDED ACTION: Deferred at this time, pending further discussion with the City Attorney. DJK/#B5/CCFLEA2.TXT ~ .10 r'l<..oTNANCE NO.':>t\-91 ~N ORDINAN~E OF THE CITY COMMISSION OF THB CITY OF DEI.RAY ReACH, P!,ORTDA, AMENDING APPENDIX A. "'JEFINITION", SECTION t\. 3 . 3, "SPECIAL REQUIREMENTS FOR SPECIFIC TJSES", SECTION 4.4.9, "GENERAL ':OMMF.RCIAL (GC) DISTRICT", SECTION 4.4.13, "CENTRAL :3USINESS DISTRICT", OF THE LAND DEVELOPMENT REGULA- ~TONS OF THE (,ODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A DEFINITION FOR THE TERM "J.1ARKET" AND BY PROVIDING RULES AND REGULA- TIONS GOVERNING MARKETS WITHIN THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR MARKETS 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, t~e City Commission of the City of Delray Beach has become concerned wi th the proliferation of markets, bazaars, and flea market type of retailing, and WHERBAS, the City Commission of the City of Delray 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 \oJHEREAS, it is the desire of the City Commission of the Cit.y of Delray Beach to establish controls over the development of any ITldrket_s, bazaars, and flea markets within its city limits. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THT CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Appendix A, "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, be, and che same is hereby amended to read as follows: Market: A building or open. space , also known as a bazaar , flea market, or by another name, where new or used items are sold from lndividual locations. with each location being operated by indepen- dent merchants. Items sold include, but are not limited to, household i terns, antiques, rare i terns, decorations , electronics, food, clothing, and other miscellaneous items. Section 2. That Chapter 4, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4.3.3, "Special ~equirements for Specific Uses", of the 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: (M) Markets: ill DescriPtion and Applicability: The special requlations of this subsection apply to retail and direct discount sales which are carried out in a market. The type of market which is subject to the regulations of this subsection includes, but is not limited to, the following: (a) A retail shopping mall which has a gross floor area in excess of 10,000 square feet; or . (hI The operation of retail or direct discount &ales in "-[1'/ st r ucture or portion of a structuL'e wherein the access to the stores, stall, or place of business is 'la dn internal court or walkway and the gross floor drea of all businesses therein exceeds 1,000 square reet and retail sales accounts for, at least, 50% of ~he use area, inclusive of pedestrian pathways and "isles. ill Special RC~llation Considerations: (al Trdffic: The applicant shall, at the time the ~onditional use application is submitted, also submit a t.r aff ic statement/ study prepared pur suant to the Palm Beach County Traffic Performance Ordinance, and Section 2.4.3(EI of the Land Development Regulations, without regard to the projected increase in the number of trips per day. The traffic statement/study shall not accommodate a reduction for bypass trips. (b) ?arking: In addition to the applicable parking requirements from Section 4.6.9(CL uses requlated by this section shall provide at least one additional parking space for each individual business or business space. (e) ~enants Space: Each separate business location within the market shall be allocated a tenant space of not less than 600 square feet. Not more than 20 percent of the functioning businesses within t.he market shall have a gross floor area of less than 700 feet. Not more than 40 percent of the functioning businesses within the market shall have a gross floor area of less than 800 square feet. (d) Exception for Special Displays: An exception to subsection (2)(c) is hereby provided in order to accommodate unique and temporary uses which are to be located within the pedestrian ways and aisles. This exception shall allow businesses to be conducted at a cart, kiosk, or similar facility, provided, however, that such uses shall not number qreater than 15 percent of the number of tenant space uses within the market. ( e) Architectural Review: The interior of the market space and the facades for each business location or business space within the market shall be subject to review and approval concurrent with consideration of the conditional use application. ( f) Public Information Displays: Displays of public information and connunity service shall not be subject to these special requlation considerations. III Procedural Requirements: Conditional Use Required: All uses subject to Section 4.4.3(AA) shall be established only after review and approval pursuant to the conditional use process out- lined in Section 2.4. 5( E) of the Land Development Regulations of the City of Delray Beach. Florida. Section 3. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.9, "General COlll1lercia.1 (Gel Distr ict" , Subsection 4 . 4.9 (D) , "Condi tional Uses in Structures Allowed", of the 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 . '1'1' ([\ ) Fl~a Harkets pursuant to Section 4.J.3(AA} 3ection 4. That Chapter 4/ "Zoning Regulations", Article 4.4, "Base Zoning i.!J.strict", Section 4.4.13 , "Central Business District.", Subsect:ion 4.4.13(D), "Conditional Uses in Structures Allowed" , of the Land Development Regulations of the Code of Ordinances of the CHy of Delray Beach, florida, be, and the same is nereby amended to read as tullows: (15 ) r.iarkets pursuant to Section 4. 1. J ( AA) Section 5. 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 s ha 11 not affect the validity of the remainder her'eof as a whole or part thereof other than the part declared to be invalid. :>ection 6. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 7. That this ordinance shall become effective within ten (10) days of its passage on second and final reading. l?ASSED AND ADOPTED in regular session on second and Unal reading an this day of . 1991. MAY: 0 R ATTEST: City Clerk First Reading Second Reading 3 ORO. NO. 54-91 . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER rl SUBJECT: AGENDA ITEM # '0 E... - MEETING OF SEPTEMBER 10 / 1991 ORDINANCE NO. 49-91 DATE: September 6, 1991 This is a second reading and second 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 Veterans 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 throughout the City. The Planning and Zoning Board at their July 15th meeting recommended approval. Recommend consideration of Ordinance No. 49-91 on second and final reading. i~ 5-0 ~ ;1' - ------- -- -, ------ --..--- .------ ----- 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(D), "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(D) (3) TO PROVIDE FOR COMMERCIAL ACTIVITIES AND BUSINESSES UPON PUBLICLY OWNED LANDS AS A CONDITIONAL USE, AND RENUMBERING SUB-SUBSECTIONS 4.4.21(D) (3) THROUGH 4.4.21(D) (12) AS 4.4.21(D) (4) THROUGH 4.4.21(D) (13); PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY. THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.21, "Community Facilities (CF) District", Subsection 4.4.21(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and sub-subsections 4.4.21(D) (3) through 4. 4 . 21 (D) (12) are renumbered to 4.4.21 (D) (4) through 4. 4 . 21 (D) (13) , and a new sub-subsection 4.4.21(0) (3) is hereby enacted to read as follows: (3) Conduct of commercial activities and businesses of a permanent nature upon publicly owned lands. 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. MAY 0 R ATTEST: City Clerk First Reading Second Reading . ~ 'I' ~. . . ~ \ " [ITY DF DELRAY BEA[H l # .~ .. .. ~ ~ . ~ CITY ATTORNEY'S OFFICE - . .. ",' #,... .'" r-- i~ ,"., ;"...AN ~ < J ~~ : .~ . .: \ ~ ,i .. ... ' . . 1 " t"'" . (. J . ' - I . : .,:1- . " - .l -1 . ~ . . t ~ - " ',,:, t - , ....,.. ~ , .. ,'l ~ . . , . . , ..i.. ('- '1 I ..... r ~: ~ .,' "'! .;" . " . 'I' : .:; ,..~ j , . .--.' ~ .., . . , '.' , , . - ~ '\. " , .. " I ' , ' , , . . i.. > , ,- ,liT: J :; '" j j.'i , i ~~) ~;' ~J ~ t!l'.1 1.~ i 1 ~) , 1 9 ~ A I'.,"I}.... ~'~ . r.' ", " . r . .' . " r . 1 ..... t. ~ ....' .-i; ;'. J -, j .. ;'- - 1"1}n '~ f, " .. 1 . ," " ~ S ~ ~- I " ~J ) (j i-! ,," ; f ! :l~ ~ " , n t: ; , .. ! " I . .' , j;.....: '- . , J t'. - " I j , ~\ fit 1. { ... 1 i- i' j' 'I t! t" f ~ rj ,",i ' i ~ \ " Ii I' 'r1 i r""i -.. I . .. ~ . ~-:" \ ~ j/ ; r~ '- L '1 .1 i \I' 1 t~ r .1 !. I.: ...- d . . ..,; t I ~ .-it;:-;{ " 'III'> f ,., I ': r. t. 1-1 lIt' l. t.,. c"> r ., '" "1' ~ j' ; - ,1 t_' '.' ..j;dl j (Jf1 I"I..'I;~! tiP 1 ..', t t.... ~ j j ~ j , . , [ : i 1,.1 " " ,:1, l. ~ t:l l. Y \ l..t', .~, 1 ~ I I d, a 1 1 ~ 'I ) i I ~ ,- [ (:> ',,'.. j . . ~ Ii. . 1,1 t ~:;' :! t-/O I ( , ~- , 1 : ~ '11 'l'l\t", l ' ~ 1 rJ ~ i ,.. t, , ;1.' . ~ . ~ I \ , " " .- : I.' "',' , , I 'J', ,-;,; ,j ;"L -, t ;- . 1 If'. n. ~j, : \ :'d" '~ ... \"J 111.-" ( l' ': t--' . I '111'" ~,f" ; V ~ ! ;\.J f \"'- J ~~ '1 ! " . i t._ '" " ...' ~ " , ; t. r ,~ t ~..; ~ ) S -J I <." 1 ....\ , ." . .. ~,.. "", ' \ 0' I' . > . , , . ,- ~ -, . ~, , , , ' ... r"': <J j. . i .....;(j: i. ~". " ~ . j \ " , 1 , , . t h Prepared statement by Kathy Stokes, resident of Delray Beach, presented on September 10, 1991, at a hearing before the Delray Beach City Commission on proposed Ordinance 49-9l. This is my last chance to try to convince you to vote against passage of this Ordinance to allow commercial as a conditional use in the parks and on school grounds. The amendment was originally proposed in order to allow a commercial cruise boat operation in Veterans Park. It now seems unlikely that the boat will be allowed to operate. Based on the letter from DER which I forwarded to you on Friday, the DER permi t for the seawall "was issued for a dock intended for day use only." This means the boat cannot operate in the park unless the City seeks a modification of the permit. Based on a report by the City's consultant, it will be difficult, if not impossible, to get this modifica- tion. The concession stands at Miller Park and Currie Commons and any future one at Pompey Park should be for the use of non-profit civic groups to raise money for local charities. A concession stand run by a business operator won't tolerate competition from civic groups. I have seen this happen in a county park setting where the concessionaire forced the sponsoring charity to stop selling beverages from its own booth because of the competition. There is strong opposition to commercial at the beach parks (see the attached pages from the most recent newslet- ter of the Beach Property Owners' Association) . Delray's beach is a special place -- let's not have the potential for future City Commissions to turn it into another Daytona. You have heard repeated opposition to allowing commer- cial activities in Barwick Park, which is a passive park. I've talked to Mr. Huki 11 at the School Board, and he tells me that any requests for cODlllercial activities on school grounds will be turned down. He also volunteered that no commercial activities are allowed at Old School Square because the School Board sold the elementary school to the City at $500,000 be low market with the stipulation that the school be used only for public purposes. However, he said the School Board would not oppose this ordinance be- cause it was to their advantage. When Carver Middle School is abandoned, the school grounds will be worth more on the market because of the availability of a commercial use. I hate to see this potential for commercial in the middle of a residential neighborhood, and this ordinance has no limit on the kind of commercial that coul d be approved. I hope we aren't abandoning that neighborhood along with the school. Finally, this proposed ordinance is inconsistent with the land use description for recreational land in the Com- prehensive Plan. For all the above reasons, I respectfully ask you not to pass this ordinance. , . -3- 'lhi.s proposed amendment is loosely m:x:teled after the fansd Califonti.a Proposition 13, which in 1978 limited tax increases until property is sold but also rolled back property assessnents to 1975 levels. '!hat ro11~1c may sound very good to victims of this :year's increases, but accardi..nq to an editor of the San F.rarK::isco Chl:anicle with whan we spoke, it has been a disaster for the State of Califonti.a, where a high proportion of counties and cities are close to bankruptcy. 'Dle 3% annual limitation of increase does seem to have merit. It TNOUld prevent people fran being taxed out of their hales, as IDl1 can haJ;pm. Older people (and sate young people) who have relatively fUed :imr I'I~ and who live in b:mes which were pm:chased when costs were JDJCh lower, are findinq ~ 1ves driven fI:an their haoes by the burden of high taxes resulting fI:an inflated values and higher assessmants. 'lhi.s is not UIb.allu:)il even here in Delray Beach across the wateI:way in Tropic Isles, a waterfront cnm.11'\i.ty with lots of for-sa!e signs msulting fran ext:raordinal:y assessment increases on the ~~ti.es in the last blO years. , .. So the Save em- Ii::IIes constitutional amerdDeaL wuld safeguani against getting the shocking, unexpected lar:ge increase. Not evm:yooe agrees, lDeveri officials of the Florida IBague of Cities say it ll10Uld m.alce fA.~ty taxes even DDJ:e unfair, as people who buy new houses would pay a di.sproport.i.ate shal:e of the taxes . But on balance we think it is an idea whose tiJIe has c:xme. 'lhi.s Association will mail to neriJers, within the :nezt. blO weeks, copies of the petition to be signed by Florida registered votem and mtm:ned to an aa:tress D:>ted there. The petition title is Ibnestead Valuation Limitation. and awlies to haoestead~ property only. ;" > - , '. ".uu.llti m ~ J....... ~ AfMH PABIS ' - , . -. ~ - ..' -... - It hasn't been an easy SUlIIler for ~aut:llt watchers. It has been clear that a majority of the City CnrmiAsian is detexminec:[ to al.l.ar a 250 passenger ~ial eJCCUrSion boat to dock pexmanent1y at Veteran's Park, close by the Atlantic Averme bridge. BecaJl~ of the canstraints of the City's Calp:ehensive Lam Use Plan, only recreational.lard uses can be pemlitted in the park, so the city is CA 11 i ng the Cualll::l.cia! boat a :teC%eational use, and also has decided that hot dogs to be sold by verdcrs in the park are rec::reatialal uses (we hope the 1II.1Stal:d and chcJ;p3d onion are :teC%eational, too). $nnR1rw they have also decided to pass an oxdinance to al.l.ow O'....,AICia! as a corKiitialal use in city parks (zoned CF for camuni.tv Facilitv). None of this is fil1a 1 i 9!Rfi l'!t becml- legal niceties have been getting in the 18Y; perllaps they will continue to do so. we in the BPOA, however, have been faced with the pco6pect of therefore having the character of our beach parks changed drasti.cally if 0 ....-. cia! vencbrs are all~ there. '!be parks are zoned~. we think resitbJts all over the city ,take pleasure and pride in the existing character of our be8ch and parks, and agree with us that it sbculd not be changed. 'IbaI:efore we have given up an txying to ~it o........cia! uses in the ~ zoning of our beach parks, and instead have petitioned the City CQgqissian to change the zoning of the parks to match the Qem ~ zoning of the pnblic beach itself, which would not al.l.ow' 0. ....-. cia! uses. '!be city's Plann.ing Di:tectar, lDever, wants the revm'Se - to make the plbli.c beach, the 1 l/4 mile strip, a CF zone to be the same as all the other beach parks C\u..LaaiUy are. we think our solution .' ~ 0 -4- is the better one, by far. we have infcnmal ~eeme.lt frao tlu:ee City Ccmn:issioners that they do oot want to see Co .........rcial uses at our beaches, so will see ~ it goes. we }x)pe rot to have to ask you to write 5 or 6 lnmdred' letters to City Canni.ssianers on the subject. we haven't had to do that in a very long ti.ue - about 17 years. ~ PRB:BIS I . ~;' eo' I I . Sane of the things that have been going on urder gJ:Omd this SUIIIlBr have been good, sane not so good. In the 9QQ9 cat:egal:y was the l6 II water line brought over fi:an the ma.i.nl.arKi to ilIprove our lllBter pressure her:e. Rrt: !Q 9QQ9 was the fact that Atlantic Avenue was torn up to do the job, with limited driving lanes, at the same time the 8th Street bridge was closed far repaiIs. we asked the city to re-examine its procedures, with an eye to better cocm:lination of inconvenierx:es. It turned out the -water-maln contract had been let in ~, when no one thought of checkinq for bridge repaiIs. Also rot so 9QQ9 was the city' s first i.IK::ident of a b1i:st underground saoethi.ng which Ci"1lR€({ a boil-water alert for two days. WitOOut pa!ri.ous experi.erx:e, the notification process for water users was poor bIt city .offi.cials tell us they IlCM lcr1cM they l1IlSt make better use of the m:rli A should. t.here., be a next time. '+"'" " Good is the fact that a team of foreign and AoErican engineers, looking for absolutely the worst sewer pipes they could fint, used an experimental eee1AY\t to successfully repair leaking sewer pipes on AIxirews Avenue. ~ p~ a special mix of Chemi~A 1 R into the pipes in March, and the repaimd pipes have been oolding up very well. It is the fiIst time the European technology has been used in li:>rth. America. we am proud that they cane -to De1ray Beach bec,,"u~e of our chronic problEIDS with salt lllBter seepinq into ,the saege pipes to have an undesirable effect on the sewage treatmant plant. 'lba. ReAl AY\t system could be used in other neighborlloods. Rrt:!Q 9XXi: an area near 'Ib:mas Street had to be blocked off for fear the road might collapse under 'the weight of an autcI1Dbile when an unde1:graund leak weakervad the road. It was, dug _ up and mpail:ed. . , R:Jte: Veteran's Park will be z:edesigned as one of the Dec:'.Nie of ExcellerD! projects. 'l!le design is a matter of sate cant:L'oveI:sy and bas mt yet been decided up:m. 1iJwever, we have been asked to tell those of our nAlb:ws wb::> regularly join in activities at the Adult Recreation facility theJ:e that you may relax your fears - there will be no change in those activities which have traditionally been there. Rl i !7~ H. Matthews Executive Dizector August 27, 1991 . . : . -dO.. "- \, :, .U;.r..:.!~, '-: < Ov '. "Corporation, NIll for Profil, which has Ser\led :.~~.~, _ - ...: ~~ ' the Community for more Ih.. 3S years. --~/---:"\.. & . . - ~ 'S~t't: - ~':.. ' ,'..:.':-.' -, -~-~, - - ~~- ~ " '" MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # 'OF - MEETING OF SEPTEMBER 10, 1991 REQUEST FOR WAIVER OF THE SIGN CODE/HAMLET SHOPPES DATE: September 6, 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 96 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 Review and Appearance Board's request for a proportionately smaller free-standing sign, but the size still does not meet code requirements. As the sign placement cannot be accomodated to meet Code because of the layout of the center, staff recommends approval of this request. Recommend approval vf a request for waiver of the Sign Code to erect a 96 square foot free-standing sign, 16 feet in height in the setback for the Hamlet Shoppes. ~~ cc!i- ILl I !..w;u ~ ~ (Llfol. J9/)~~) ..I . ... ",.,..,..,..... , .__~"'~_.,...,~...i ,--- . --- ( " to 0 - I -~ - r-- [CITIBAN(O ~.I ' " ~D ~ , ---- . -- , ~ I I ! \ \1 qb - f --~I I i. ; ~i; ~ , --~. i,i " I .@ ~ ] ~ I " I \60 . :Y1l1e H,amlet .Shqps', f ~ " " .. -- .. ~ ! - , .' , f: , ~ f ; ! - ~{:j.. c_ ~w,' Fi2.E~TAIJ~l.v&- :Pl(Lo~ ,-,-~f::::lb-N h.~c:E:---.3~\.::- tl- t: ._ K-.."Oh' ~s::lIEZ:l:.J';;F~,~----' -- -"-'p; .'- __ _.--.. .'--' btJ;CK'~',--'" _lP ~ '_?::B:-V~l:1,~Q'.)I)Q_____ . __ ..-__ __ .W,B-~~_ ~,_ _:~ B~J>--~~~~K, ~ T3/..-urz.---. . I - _I:- " -- , L=::( FccI.?:D lY) l-::~ ,'rfJ '-:-:--,.'5 eJ ~~.( I o ~7cln:~L, t.)A I;\E... - -eLACK-., - -- , I I , , r ' . - -t f:QJlml'" ---- . - -~ . 11 , . , , " , ' ~' . ~l H ~'I ~ ~ " 'J~ --I :z; I 01 ~I ~: ' . ~! , , '~ I . i. - O. ~ . I~ I : ',' f , ~__.ol ;~ ' . .. ':,r :-", dl I \ ! . \ I I \ ; - 'i--j a ~r-'~ ~ I H r , . ~ :9 \. " i \ i; - f I' I t I I I.. II 1 .0 f . JJ1 . o · .' , , i . r , , . .::>'~1 , . i i ~ r ..... . . ,. . , . I I . I I I . I I :' i -.A._ o .,' 1 , I : : "~,~;, I I I I '.~ . I - \ I .. . I I .\ .. , l'J . I @) -@= ,~ I~ f t .:.1.:3 oU~.m, ,--..,..., _ . \ . , ~oo 0 \,.1\ ; 1: . : \ . . I I ; , _' iljIIl J .. 4t~.'.'" , I I I I '<"18.:J :-::'":''3t(:L'ON 13~ .tl'd 'u!qnCl'S lllaU1I8>1 I ! LDt> ~;7 e f!J. S I On- . , I-oo/C/,(/q ,vV~+- ,t;-1-1. ~ "" ,; ~ ,+(.1 g e)N ~re-"Nnt:.l 4-C/Ci u~ . __ \. i /..,(10 IZtN4 wBs r , ~I"O..., E""''''- __ ~p AoJ"'LAt:, ; . . Agenda Item No.: AGENDA REQUEST Date: 9/6/91 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 9/10/91 Description of agenda item (who, what, where, how much): ~aiver to the Sign Code regulations for the Hamlet Shoppes located at 4061 West Atlantic Avenue ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approval Department Head Signature: ~OO (hr~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (i f' 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: G NO!lr1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: DAVID HARDEN - CITY MANAGER /) I' FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~ SUBJECT: SIGN CODE WAIVER HAMLET SHOPPES -- DATE: SEPTEMBER 4, 1991 ITEM BEFORE THE COMMISSION: - - Commission consideration of a waiver request for a free-standing sign which exceeds the code requirements by being both too large and too high to be placed in the special setback 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 96 square foot sign face, is 16 feet high and is 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 smaller free standing sign. The applicant reduced the size of the sign per SPRAB's recommendations and then further reduced the size of the sign face from 120 square feet to 96 square feet per staff's recommendation. The size continues not to meet code requirements for both size and height. The sign location will be in a sodded island. RECOMMENDATION Staff is recommending Commission approval of the applicant's free standing sign request. The landlord is authorizing the tenants to erect this sign to advertise their business. The sign placement can not be accomodated to meet code due to the layout of the center. MEMORANDUM 'ro: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~M SUBJECT: AGENDA ITEM # 10 e - 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 meet 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. forrnnueo -1-0 9/10/91 Mill MEMORANDUM TO: DAVID HARDEN - CITY MANAGER ~ FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT, SUBJECT: SIGN CODE WAIVER- HAMLET SBOPPES -- 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/l0 Hamlet.CC H'>l . , . 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 cu1turist Hark Marsh (arrived later) Jeff Costellp, Planner Rett Talbot Paul Darling, 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 follow~: Jess Sowards Yes Mark Marsh Abstained Sam DeOto Yes Rett Talbot Yes Gene Fisher Yes William Wilsher Yes B. Hamlet 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 having 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 \ '" . \ MINUTES: Site Plan Review and Appearance Board Meeting June 19. 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 61ack copy with one other color being a red national logo. Seconded by Mr. Fisher with the vote as follows: Sam DeOto Yes Jess Sowards Yes Rett Talbot Yes Gene Fisher Yes Hark Harsh 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 Harsh Yes Sam DeOto Yes William Wilsher Yes IV. PROJECT PLANS A. Fire Station 91 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 liS" tile. Mrs. Heeks 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 railing will be in wrought iron. The next matter was the landscaping. Mr. Mqrsh felt the landscaping was ()I:L'I2~ ." SIf3~S 1880 SW 2nd STREET DEl RAY BEACH, FLORIDA 33445 (401) 278-9237 .. ELEORICAL SIGN CONTRAOORS MANUFAOURlNG elNSTAlLATION e SERVICE CUSTOM SIGN &. NEON DESIGN City of Delray Beach June ~, 1 Q91 100 N.W. 1st Ave Delray Beach, Fla. 33444 Attn: 8ui Iding Dept. Ref: Letter of hardship for the Hamlet Shops Genta I men, The owners of the Hamlet Shops are requestinq a waiver for the setback of our proDosed sign. We have a pre-existing design problem with the site plan layout of this center, that on I y a I lows us a 25' 0" landscape area from our property 1 ine. To uti I ize the onlv location that is approporiate for our sign we wil I need a reduction in the required set bad~. In the past we have had to remove two existinq signs(CITIBANK & FAP~~ STORF.:S) to comply with the requirements of the bui Iding code. We had done so in good faith and to a great hardship to ourselves. We would aporeciate your positive responcs to our request to help us prosper in the difficult times. . . ~A'<. ~ 'I' VARIA.t!Cl REMOVAL ACREEMENT FOR FUtURE RIGHT OF WA~ KNOW ALL HEN BY 'IIIESE PRESENTS: \.lHF.REAS, Robert D. weisman, Trustee hereinofter referred to as owt\e<<)(~ are desirous of obtaining a sign permit frolll the City of Delray, Florida and ' \.1HEREAS, the olffler~~ do convenant that they are the fee simple oWne~J of the below described property upon which the sign will be constructed and thot there are ~~~~ the following~ mortgages, liena or encumbrances against said property. 823 815 6 Carteret Savings Bank, F.A. Acct. - - 10 Waterview Blvd. Parsippany, NJ 07054 Attn: Commerc~al Real Es~a~e ul~. PROPERTY CONTROL NUHBER: \2 '"1-2 ~~/3ao OOc:>S/,:>o Said propHty being knolffl as "building site", the o\lne~lJ* hereby agree with the City of Delray Beach to remove at no expense 1'0 the City of Delray Beach, the above described construction from the Above mentioned building site, also known as a possible future right-ofM\;ay, within thirty (30) days of written notice addressed to thtPl or their successor of interest, at 1776 Broadway Ste 170 Nf>W York. NY 10019 notifying them that said right-of way i~ to be put to use. It is agreed by the parties hereto that thi, ,Agreement shall be recorded in the official records of Delray Beach, Florlda, and that thls agreement shall run ~ith the land ond be binding upon the heirs. per$onal representatives, grantees, successors 8nd assigns of the owner(s). Signed, sealed, executed .i1Dd acknowledR.ed Qn. this 1 st day of July 1991 at 17/tl Broadway -NY,NY ~J__.L""_ N Y k , __ ~ ,,~x ew or . OWNER(S) ~ ~~ ~. R ert D. WE'~~mi!n, Tr ee WITN ES S ES,;...----'J ,- _c___._.._.5....~~......_........a.Q.aDe..e~~=.~es~Bw.k.~..cs.~.ca.~...e.2a_. STATE OF ~ltR~New York COUNTY OF New York I HEREBY CERTIFY that on this 1st day of July 19 _~ ,before me personally appeared Robert D. Weisman ~xxxxxxxxxxxxxxxxxxxxxxxxx~ to lIle knolln to be the persolUl described herein and who executed the foregoing instrument and they acknowledged to me the execution thereof to be their free act and deed for the uses and purposes thereln mentioned. WITNESS my signature and offlclal seal at 1 ?76 Broadway Ste. 1700 In the county and State aforesaid, the ay and year last aforesaid. N y PUB~' ate of 9c~,(~~~~XI9tNew Yod ", ~ THEODORE C. YAREMA ~- Nolary Public. Stete 01 Ne. Yorli , No. 31.4970975 _ _ _ Ny cOllllllissl n expires: ew~~~~~~~I~n.I'~~:.:.:;~.lc~:~':l .gaca.aD.s...~~....n........_._...................._.......................... VARIANCE CONDITlONS: Subject free standing slgn(s) m.y not b. .ny gruter than 20 square reet nor .xc..d 7 feet in height and may be placed within setback area. (Note: the sign sile ~3y be increased to 40 square feet. if placed portiAll, (no more than 20 sq. ft. in set bock) within and without the ..tbeck lin.) CAB APl'ROVAL (Signature) (Signature) (Date) (Dace) . Disapproval Coawents: . '... """,.,.' - . Fe.... i' ~ " '-j e : ,'.; ~: ...( ~j : :"1 t r'. H. l ~. i ,IJ . I 4. _ _ _ ...' _ ...,". t>....A -' \ : \ I J ~ \ 'I lQ'" ! "i I - \ ~ ; I .'. I I ' ' , : : \ : : I 1 I, I I, I ;t , '. j I';': nr , ! II I : I I ~! t i; r \ : 1 N ~--i\ N I. . .i. Ii L ---"'~ .J" . I . I I In- I~ ~ Ie I < vi (0(,0 ~:Jb J ~ I . ' i <0 C'? I ~ 0.. ,.. N "l- I Cts ~ ~ " ~==l~P., J 10 < t w o 0 C~H."ljYlfl ~ < a; '!'l W W ~ ,I; . YARIA.UCl REMOVAL ACREEMENf FOR fUTURE RIGHT OF WAY KNOW ALL HEN BY THESE PRESENtS: WHEREAS, Robert D. Weisman, Trustee hereinafter referred to a9 owne [}(lt~ are desirous ol-obtoining a slgn permit from the Ci.ty of Delray, Florida and WHEREAS, the o\ffier'~Y<: do cOl\venant that they are the fee simp le owne~J of the below described property upon which the sign will be constructed and thot there are IW<>(~~ the fo110wing~ mortgages, liens or encumbrance9 against 9ald property. Acct.823-815-6 Carteret Savings Bank, F.A. 10 Waterview Blvd. Parsippany, NJ 07054 Attn: CommerC1al Re~l Estate ulv. PROPERTY CONTROL NUMBER: ) 2 '-t 2 '-t (p 13 a 0 0 oc S / :;-0 Said propoarty being known as "building site", the owneo(~, hereby agree ~ith the City of Delray Beach to remove at no expense to the City of Delray Beach, the above described construction from the above mentioned building site, also known a9 a possible future right-of-way, within thirty (30) da6e of written notice addressed to th~m or thdr successor of it\ter~sc, at 177 Broadway Ste 170( Npw York. NY 10019 notifying them that said right-of way i!'; to be put to use. It is agreed by the parties hen~ to that this ,Agreement shall be recorded in the official records of Delray Beach, Florida, and that this agreement shall run ~ith the land and be binding upon the heirs, personal representatives, grantees, successors and assigns of the owner(s). Signed, sealed, execute~~J)d acknawled~1 ~t;} this 1 st day of July 19 91 at t 6 Broa way, i~ N Y k OIlNER(S) · ~ !/k..J, x ew or . ~ ~1Bman~ee WITNESSE~ r- m m V) .... l> ~ . ~t~A~~I~ \ ~ :0 0 0 m l> ' , ~ '~AO Q) ~ .;... "" :- ca ..... 0 ~ f\) .- I , I . "'0 , , Co-) I '(..) 0> i . " ..... , ~ enOl (/) ~ ~_ _ ...L :~;s . ~'-'T~ AVi CJ'1 .... :-- , , . . i I I I , ~.- - I - . I , , , r - - t EQHman' --, ! r :; , - -~ : ti . tl \ , .. . Dl ~'-- ... '.iWi ~I.. ~'I f " 2 I ~! ~! ' . . i. I 'fO' I I , ' j 1::0 " ',' r ~ ~I ' . " ':.r J ! .. . 1 i , I . I ..-- ~ \ ; ,~-r- ~" I . . . ' . . Agenda I tem No.: AGENDA !lEQOEST Date: 8/2/91 Request to be placed on:~ X Regular Agenda Special Agenda Workshop Agenda When: 8/15/91 Description of agenda item (who, what~ where~ how much): Waiver request for a free-standing sign for the Hamlet Shoppes, 4061 W Atlantic Ave ORDINANCE/ RESOLUTION REQOI!lED: YES/NO Draft Attached: YES/NO Recommendation: Denial . ;/JueV ~ ~- , Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved ~ 'II VERBATIM - JULY 9, 1991 My name is Mark Gregory and I work for a local sign company in town. I read the code. Very nice code. I think it is going to help the community out a lot. Looking through the code there were a couple of problems. One was a political sign fee of $250.00. I think it should be higher; I notice that the winners tend to take down their signs quickly and the losers tend to let it sit off to the side. The main problem that I have is with regard to setbacks. Is this going to be a solution to the nonconforming signs that we have coming up? Mayor Lynch - not entirely. The nonconforming time period is 1993? Lula Butler - It is 1991. what you said last week is that you did not want to amend the code, but we would handle the nonconforming signs as it is in the code now, administratively. Mark Gregory - There is another thing. When you pass this code in regards to setbacks, is this going to close the door for us coming into you when we have slight deviations to this new setback. The reason why I am asking is that I have worked with one. It is the Hamlet Shops, you have seen it. It doesn't deviate a lot, but it does deviate. I am bringing this item in next week, I have worked on it for six ( 6) months trying to get the various groups, the owner, the tenants and the City to agree upon everything. I finally get it agreed upon when this Code goes into effect. Now all of a sudden it creates a problem with my setback and the size of my sign. Even though we've made concessions; made it smaller, shorter, we do have a hardship with this setback requirement. Will you close the door on me? I hope not. ~layor Lynch - No, I think the purpose of this ordinance is just to clarify things so that so many signs won't have to come to the Commission. Lula Butler - That is correct, but I guess the attorney has to rule whether or not this eliminates any waiver requests. City Attorney - The idea,of a sign code and a sign code without a special variance provision is that you have to comply with the letter of the law. We have a provision in our Code that allows us to waive provisions of the Code under special circumstances and the Commission has that ability. It is one that I would ~ III _.... a ,. ~ recommend that they use very judiciously. The idea of these sign code amendments, including no provision for a variance board, would indicate that they would only use that discretion on the rarest of occasions. Mayor Lynch - That was why we asked people l.n your business to work with Lula's department, and we had the Chamber of Commerce look at it so that we could try to be fair to the business people who are involved in it. Mark Gregory - I waited for the request to corne; I never re- ceived it. I was very concerned about coming in. I talked with Mark Little, he was surprised that this item was even corning up for approval tonight. He was not informed. Lula Butler - I beg to differ, because all of our local con- tractors were called when we first started workshopping the sign code changes through the advisory boards and several of them did attend the Site Plan Review Board meetings and it worked out very well. The same things have not changed from one Board to the other. Mark Gregory - I received a phone call for one Site Plan Review Board meeting about one hour before closing time and I had commitments at another City Council meeting. Mayor Lynch - I think you will find our staff very easy to get along with, so if you've been working with us for a long time you have just gotten caught l.n the middle of the change in the ordinance. I'm sure you will find them very pleasant to deal with. Mark Gregory - I just hope the Board will give me some compas- sion. It has taken me so long to get to this point and now the code is changing and I'm going to be just outside the setback. Lula Butler - He does have a particular situation and we are working on that; but I think that staff will make a case for his sign and it will be an exception. ~ ." . ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MP.NAGER ~ SUBJECT: AGENDA ITEM # loG - MEETING OF SEPTEMBER 10 , 1991 ORDINANCE NO. 55-91 DATE: September 6, 1991 This is a second 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 ordinance, 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. ~5-0 C W i% WO ICb I nj cl1 Fln9c : II Ac.e.f..s$O~ " +0 \\SECof'lOAe:t II . . ORDINANCE NO. 55-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ~ELRA y BEACH, FLORIDA, ~~ENDING CHAPTER 4. "ZONING REGCLATIONS", SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (ACl DISTRICT", SUBSECTION 4,4.10(0). "CONDITIONAL USES AND STRCC:'CRES 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(0) (8) TO PROVIDE FOR COMMERCIAL PARKING LOTS AS A CONDITIONAL USE; PROVIDING .; SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 'I':iE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.10, "Automotive Commercial (,;Cl District", Subsection 4,4.10(D), "Conditional Uses and Structures Allowed" , of the Land Development Regulations of the City of Delray ~' Florida, be, and the ,ame i, hereby amended by enacting a new -subsection 4.4.10(0) (8) to read as follows: ~ ~ ~ Commercial parking lots, so long as such lots are ~ ________ ac...,ory to an ex"ting legal conforming "'e, 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 WhlCh 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. MAY 0 R ATTEST: City Clerk First Reading Second Reading ~ ,10 '\ -' ~ C I T Y COM MIS S ION DOC U MEN TAT ION 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. l66.091(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 . ~ ," - 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 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 10 H - MEETING OF SEPTEMBER 10, 1991 ORDINANCE NO, 57-91 DATE: September 6, 1991 This is a second reading of an ordinance rezoning property located on the east side of Federal Highway, between La Mat Avenue and Avenue "F" from PC (Planned Commercial) zone district to POD (Professional and Office District) zone district. In February 1991, as part of Plan Amendment 91-1, the owner of Lots 1 - 5 , Block 2 4 , 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, as well as other lots included in the petition were not cor:sistent with the underlying future land use designation of "Transitional". At their 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 for this property. 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 zoning designations appear to be appropriate: RM (Medium Density Residential) or POD (Professional and Office District). The RM designation is approprlate if aggregation of these properties with those to the east is desired, POD is appropriate if aggregation is not desired, At your August 27th meeting the Commission determined that POD was the most appropriate zoning district. 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 Reg~lations, polices of the Comprehensive Plan and Section 2.4,5 (D)(:;) . A detailed staff report is a~tached as backup material for this item, fewtudL on d-fod udL (mouw ~ IlnoeWJ5 dt:sscn/-t'/J9 ) ~ ." . r . . 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, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the 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 pereof. 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 Hl'Jne- 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 =- rut] 8m REZONING OF A PORTION 1 I I i ; OF BLOCKS 24 and 25 DEL-RATON PARK ;~ ~1( .ol ~ : I I - =::0 IOloDClCI snun ~ I , ; I ncNW I I i ! i "u..~ .,...... oevr EO ..~Sl: ~~ i C.ADJWC SMUWOOD ~~ OAIHunu ,NIIlWOOD .~ 'OHTlAC IlWH IUICIC TROl'IC , lAY ~ I ~ A . ;., rtaII DCLIIAt I~ TOYOTA AwaUl ~ I to. I , ..OIISI: $ATUM i I "OIlU-14OIII 'A" SMUWOOO m NO"" ~ ;1' . "- ~<-- 1 ' C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID HARDEN, CITY MANAGER FROM: PAUL DORLING, PLANNER lIJi)~ ~ 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/#4l/CCTLU.TXT ~ ;1' 6LANNING & ZONING BOARD , ~ITY OF DELRAY BEACH . STAFF REPORT --- --- ! IEETING DATE: August 19, 1991 .GENOA ITEM: III. D, rEM: PC to RM and/or POD Lev et a1 Avenue "F". SHH_OOD ~~ ewe UUtKS TROPIC , BAY i , D (LAA Y ToroTA 'YU~ - GENERAL DATA: Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Stanley M. Levy George R. Paton Henry and Nanette Colombl Appllcant.......................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 is 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 Zoninq.................POD (Planned Office Development), or equivalent zoning which is allowed under the Transitional III.D. Land Use Designation of the r1lture Land Use Mac. 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-l2(Colombi). 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 1-5, (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 ffTransitional". Pursuant to the Future Land Use Map two types of transitional land use exist, "Medium Density Residential Transitional" and "Commercial Transitional". Transitional - Ned.iWD 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 Ob1ective 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. ~ .," P&Z Staff Report Rezoning from PC to RM and/or POD Page 4 Land Use Policy A-I.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 :ollowing 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. w.," 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 (MOl) 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. Neiqhborhood 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 appropri&te 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.l.3. Planned Office Center (PaC): 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 pac. The pac 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(0) 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 Ne 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. 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 ) ( 1 ) ( 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 ) B1k 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 (LaMat). 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 (LaMat). 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 ";1' . 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). Thes.e include: Pursuant to Section 4.6.4(A)(I) (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 4-1/2 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. P&Z Staff Report Rezoning from PC to RM and/or POD Page 12 Pursuant to Section 2.4.S(d)(S), 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 of 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 Authority) , 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-I. 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(0)(5). PD/#41/LEVYRE1.TXT ~ ;11 - - 7 / SHERWOOD GMC TRUCKS (" L RAlrJH BUICK - - r J AVI:.NUE F )0: ~1 0 ~ ~ ~ ' .y ~ w ~ ~ ' , :::> ~ 0 % m -).. f><X <( ~ a ~ ~ AVENUE G "" t,. -, 0 , '-' I ~ ,. DELRA Y - "- ~ ~ ~ ~ TOYOTA ~ t ~ ' , c a:.- ~ ~ ~ ~ Q .. > .. ~J w ~ ( ..... - LA-MAT :5 AVENUE : ~........" 0 C---" , en ~ 1 I ~ 'r -- -, U ...LJ '-- -- 0:: YA-Z =- - B -- - I Q:: ~ -- ~ La.. t-- ~iLJ I - I AVENUE H C _ __ -::l f I -- -- - ., j J ....., N F./U.lVS/F/O.IVA.l I~ I I r-" I c::: 111\...\ (- L A. (\j D USe. bE s 16: t-J A TI c~, ----J , SHERWOOD GMC TRUCKS , - I RALPH BUICK -- - I A CI . - - -; , AVENUE F a I ~~ ~ ' , > W ....J . .)( ::;) o ---- ).... )c CD ~ < f .... AVENUE G ii1 '-' " v g DELRA Y:E . . LA.. TOYOTA --.J -cq; . . ~ j~~ ~ l&.J Jc~.". ~ < TJ Q .' > 4J x w r.... J LA-MAT ~ AVENUE -' r r:::::: -- - , en '--- - 'II ~ '- ---::: u --- a::: '---- - w '-- 0 -- w ------ -, a::: ----- - LA.. - c:::::::j U j ~ c::::---- _ AVENUE H - I T--, '--- - --.::::::: '-- -::-i /J I PC '--- --- ~ J l t:::'l Iqf"I>~G- :ZON \ 'JG- . , G~~RG~ P AT~N, REALT~R IB REALTOR' , 1""-.-_.' ~-.:_~; .--..": Lake Tippecanoe Real Estate - Sales a,nd Appraisals ,:p o 9 Leesburg. Indiana 46538 Specializing in Lake Property Phone (219) 453-3671 "...' :"" ( ,. t . . ~", * September 4. 1991 . I ''-..i", ~ _'. ,_. _.' .:.~ . "_,' '. ; To the Mayor and City Council of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida ))444 Regarding File #91-137 Proposed City initiated zoning of lots 6-10 Block 24 Del-Raton Park. (also lots 11 and 12). This letter to be submitted and made a part of the Record at the public hearing, September 10, 1991. We own the five highway lots and two in back of 'them. The front lots are only 80 ft. deep, and not large enoughtto build on. The two back lots are needed to give the front lots sufficient depth. They are zoned differently, making it impossible to lease or sell the property. Please let us know what we should do with it. It should all be zoned the same.' We would prefer Ge. We were here first, in about 1956, and did not buy for an investment. . That was before there were any condos or big business in the area. We did not complain when the condos were built, but found out that they block all breeze from the ocean, and the height of the buildings allows them to look down on us all the time. We believe the only use we can make of these lots is GC, and cater to the needs of the condo people. Please consider combining all seven lots under one classifi- cation, so we can use them, as we are paying high taxes and unable to get anything in return. Yours truly, . ~4~~ }O-H ~ ," . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: pt> CITY MANAGER SUBJECT: AGENDA ITEM # 10 x.. - MEETING OF SEPTEMBER 10, 1991 ORDINANCE NO. 59-91 DATE: September 6, 1991 This is a second reading of an ordinance correcting the zoning classification for three parcels of land located on N.E. 6th Avenue, south of N,E. 8th Street (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 independently leased operations) , Subsequently, at your August 27th meeting the Commission determined that Parcel 3 should be zoned AC with the exception of the northeast properties on both Parcel 1 and Parcel 3 (Porter Paints and Silver Plating), A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No, 59-91 on second and final reading. pwYJUfL 5-0 . . 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 ~ORE 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 REPEALER CLAUSE; PROVIDING A SAVIrJG 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 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 3D, 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. U) , and Lots 21 - 25, inclusive, HOFMAN ADDITI'ON 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. U) . 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. 59-91 Ii . \ :~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~ T. HARDEN, CITY MANAGER FROM: DAVIDY ~~~~~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 land 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 a.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: lI'" 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/DJKi84/CCTAYLOR.TXT - lM fY OF DEl"RY EiER[H 0 1 (~I r) . J ','.' , _' .. ~', I ~ . ~' ~_ '. P ~\. P ~ :. ( ,~ ~. ~ ' : I!....., ,\ .) _, 1.1.1 . <107 711 7(J'1') 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. QlallY, ~ ~ j VC\)f\(' ""-- D ~h .10vacs, 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~!r F:r"l~l A!"",. M 1\11 [fl': SPINNER. DITTMA.V. FEDERSPIEL & DOWLING ) ATTORNEYS AT LAW A PARTNERSHIP INCLUOING PROFESSIONAL ASSOCIATIONS 501 EAST ATLANTIC AVEN JE DELRAY BEACH. FLORIDA 33483 (407} 276-2900 ~OBERT A. DITTMAN ~AX DONALD C. DOWLING (4011 276- 5489 ROBERT W. FEDERSPIEL. P A. WEST PALM BEACH LINE JOHN W. SPINNER \4071 736-040C -" -- - ---.' -, July 26, 1991 ~, -;~ .,--~ " Mr. David Kovacs Director of Development Services City of De1ray Beach ~l '. 100 NW 1st Avenue Delray Beach, FL 33444 ; - .~ - ~:"J '.j....l RE: special Adjustment Advisory Board Relief ...." '\. , -J ~. - r- '_,' ," .' O.C. Taylor Motors, Inc. ,\'.$ Dear David: I represent Arthur J. Taylor and Tillie M. Taylor, who are the owners of the following parcels: Parcell: 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. F~ERSPIEL, P.A. ... ----....... Robert ~\ Federspiel br The the request he~ein set forth: ~ ,Ii , . MEMORANDUM . TO: MAYOR AND CITY COMMISSIONERS FRO!4: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 10 3" - MEETING OF SEPTEMBER 10, 1991 ORDINANCE NO, 60-91 DATE: September 6, 1991 This is a second 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 these lots were inadvertently omitted and thus, this property was retained as R-1A, Recommend approval of Ordinance No. 60-91 on second and final reading. PASSED 6-0 ~I ," - --- - .-~------_. -----_._-~-- -- -- ---- -~------- --- 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-1A (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 De1ray 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. . . ,.....- ---- -- -~--- --~ - - -~_._...- -...- ~ --. ----~.- -.------------ -..----- 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. MAYOR ATTEST: City Clerk First Reading Second Reading . -2- Ord. No. 60-91 'I I, J. 'ern' ~B8~8B~BBw 3r; x 3r; 3r; ~ ~ % %' N,W. SEVEHllf ST. ~ 7Tlf .,.~r. In ] ~ H.E. 7llf ~ ~ ~ ~ , :i r I ,~.. !) \ I J r\...~ ./ ~ Y LAKE TtRRACE -- -! ~~ -;/ I--- ,-- - 8TH : . w>> ---- CASON METHODIST CHURCH !>! ~ ~ - '"' w ~~ rac ~ ~- 1..4 ~ ~~ r-~ 1 -.r/ ~ / ~- L ~ ~ ~ - YV fTT wn 0 I z ~ KINas LYNN ~I--- Y . /j.-/ '--- ../ ~ '-- Q~~ -- A I BEVERLY r J T-l"" N.t. R-1A ~ '~ H.W. 4llf ST. N.E. r. 21 '" ~'/. ~~~ '/'~ /'/,," ~ - ,.". ....'./ ",,"'~ ,. ~/~ - 27 . , , ~//''l1'''' ~ ~ I')I;~' ~ " 'l/ ~~ :/jI;/~ '/~)' > - 211 ' , , %.~~'/ '%,J'... '/J ~ ' ''I'' /j., "C - 2a /",'/// ~ /.' '7. - u ' , .I (. r.. - ~ ' , ~.1 ~." '; , % ....~ "C u.,.. z - 22 7 ,~j '.... .) ,/~.1 '1 I . Il.i 2t .-~ ! _ ~ ~ " 20" 17"f. . _ . 1. , ~ ~ ~ = ~ ,~'1:: Ll :) ~ rJ _ n ~ 11 14 ~ - N,W. ~ 'I ~ 3RD ~ N.E. - I ~ - . - - lit , ..J 3i! ti ---- 3i! ~ U = ~ " Z:=" ~ ~ ~ -~ r-"C _ I I I .... <.--\/ . ~ , / /'\.. C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER FROM: PAUL DORLING, PLANNER I~ ~ 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 Ci~~,t~ic,.!.~~hrough correspondence from Paul J. Steele, Chairpet onfo -e son nited Methodist 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. . 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 lVle tho dis t Church 342 North Swinton Avenue Delray Beach. Florida 33444 (407) 276-5302 August 21, 1991 PilStor Robert Il. Finch ,.\ss"dllte Pa.~tor Mr. David Kovacs, Planning Director ..\Ian S. Brewster City of Delray Beach 100 NW 1st Avenue ('ctOT of Lay Ministries Delray Beach, Fl. 33444 Patti-ann Hopkins V1ini~ter of Music RE: 1- Letter from JasMine Allen re: Conditional Bradley 1. Su:vens 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. ~QN!N~ 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 wae agreed to by planning and zoning and approved by the city co..iasion 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 5, 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 ia in it's expansion plane, today's letter indicates we must 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 accoapliahed before the sunset date oC Sept. 1, 1991. . . . - '. 'ti(..~~,;" I discussed this matter w~th 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. gH!6Q_gOBs_Eag!6!IX 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 end 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 Pendergraft'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, ~hi!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 0% Delray Beach Page 3 Also, i% my interpretation 0% the letter of August 20, 1991 ia correct. i%' t.he t.otal church site has a CF (Community Facilit.y> zoning classi%ication this application would not be necessary. This letter is a %ormal request that the city not require this conditional use modi%ication application. Bg~!g~ I %eel as the Chairman 0% the Board 0% Trustees 0% Cason United Methodist Church that we made a diligent and responsible representation to the City during the land development regulation process o%' the church's intent on its zoning request and the uses the church provides and intends to provide to the City 0% Delray Beach. It is respect%ully requested that the Special Adjustment Advisory Board and the City Commission respond %'avorably with corrective action upon this request %'or proper zoning and conditional use modi%ication as outlined. ; Thank your %'or your consideration. Sincerely yours, -d~ /d;~ ,-,~ Paul . Steele Chairperson Board o%' Trustees cc: Jasmine Allen City Managers O%'%'ice City Commission , . - --- . -----~- ---------- - - . .-. .- ., ....- ----- ------------. CITY OF DELRAY BEACH \. LICENSE NO, OCCUPATIONAL '.ICENSE 04141 1985-19ij6 , NE~ . RENEWAL - '" ..... , - i OWNER , WEE CARE AT CASON .------. .- DATE ISSUEDJ/2 7/86 CONTROL NO, .'" .. .., ':1 I ..111..'1....,....,.'''''. .., ". " . LICENSE FEE ijlOC~t) GRATIS BUSINESS NAME ----..---- " . '-~~T CI:iG_:: u_'. ---=~'-'-' WEE CAR 1: AT CASC~ _ . ~ _---"--'-- . 00 _.....'r'.r-..~~. J::'':::~-- LOCATION \. ~ TRANSFER FEE . 0 (: '342 NO. SWINTON AVF.. I CLASSIFICATION Z I TOTAL AMOUNT PAID .00 SCHOOLS-OVEr 15 PUPILS \. LICENSE ISSUED FOR THE PERIOD OCT08ER , 1 t; 8 5 TO SEPTEM8ER 3~ 41 8 b WEE CAP. t, AT CASUN LICENSE MUS1\BE CONSPICUOUSLY OISPLA YEO 342 NO. SWINTON AVf. OCLRAY i~EACH,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 lor Transfer, The mistaken issuance of a license shall not be deemed to be a waiver of any provision of IheCity Code nor shalllhe issuance of a license be construed to be a judgement of the Cily as to the competence of the applicant to transact the licensed business. ,. , ~ ," '~'...r:;:;-.-;;:'~':" :;;:",-:,;:~"-- ......-:::"1~. - i~~' -f,' i i " ;. ~ ro! 0:.. I i ~, lid ,"t., S~~ I I .. '~ I' " -f"... ~d ~ I .:. ~ J~ t ~ I 't I : I ~: I : I r ~ I:~ I a. _' ,~" ' , ~ I- t~: .;;" ~ + .. IN" " ~ m ! i I I I · I I - ilJ I &' - > . ~ ~h I I ~ ~ r~~ .,.~ I I I i l~ ~ " ~ ! "'. ."...L,- !.' ~ ...",l,....',;al .' "'''''.' ,', ,',"ro\.,,~,.,.,. 'I ~ - 'f" ~~~ .' .d...."':.o.\.~I'~ It,t ' t ) h'''' r,,,,,, 0' ",-.v. ~..." .,,",'4" HV4" { . VA&;lrC; 5t). AI,loIr.eJ'-WAY l' _ ,"ITY ",. ~c",fAY 14".4C.K 1 ~GS41~vr""N NO. /<I-~j r ~ _--- - '~i ~ .. : ~ .. ~ ~ .. - ~ ~ ~ ~ ~ ~ ~ ~ ;;; " I .., , ~ ~ ~ ~ r:;- ... ~ .f _._r_ _ _ _ _ _ -- - 7 ... - - ,,' li:l ,,,', . (. t....' ,.. I.,:,;' '",.,e. -'lfUt sr." :\ . ~': ; ,..... w_'~~~"'::_ __'" _ ~\ ~ '.",I/,.,.~ '<CU.I>.; ---- -- -- i : . _ . \l: .... . . ~ \ I ~ " .~ ~! ~ ~ .. ,... t: ... pAl..' : I ~ .. ... I ~ ~ ,"",- .... ~ . :. ~~..\: ~ "\ ~ ~ ~ HI.' ": . ' .. ' I... ~ , , , '- ! ! . 4>11 ,,~. 60 '.0' jl,.. ~ H\" ~ . '" :1 ,:;:~ ~ ~ ,.. _' ,(~ : ... h ...t I . !' 13 I ~ .~' : E~, 'r sl t\~I\ Ii '...-.. ::: ; ,I ... . ~, ~ ~ ' t ~ ~ . 1: ~ " ~ '---r-' rtlA,r L,.. ~ t . l ! 1'1 ~_. r .;'",;.. .,..,~~ rr J~'4 0: ~~ , ~ 34 3.04. SQvrll 6IJv/"JI1 "". '; - ~...., ".~... -: & 'i>. " ..- ~i$~' ,<<1..,) U,,- r,,~N 'LANE . ,~~ AS'''''''''' "",Y~"'CNr N,,_rH IDV""# ...",." I" ~.. ; !~ ~ ~ :: t:- ~ ---- - --- ---- ------ -- . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERM SUBJECT: AGENDA ITEM # Id II - MEETING OF SEPTEMBER 10, 1991 ORDINANCE NO. 58-91 DATE: September 6, 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 Military Trail and the E 3 1/2 - 3 Lake Worth Drainage District Canal (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~ 6-0 ~()O f-EAD I PH 6f) q /d'i} q I ~ ." 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 THE E 3 1/2-3 LAKE WORTH DRAINAGE DISTRICT CANAL; 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-IAA (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-IA (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-lAA (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-IA (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 . ~ .," . " . 1i.. C I T Y COM MIS S ION DOC U MEN TAT ION TO: T. HARDEN, CITY MANAGER WJ.l!eUM'l- FROM: VID 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-LOR zoning was R-1-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 'I," . l-IEMORANDUM 'ro: MAYOR AND CITY COMMISSIONERS FROM: If CITY MANAGER SUBJECT: AGENDA ITEM # lei B - MEETING OF SEPTEMBER 10, 1991 . ORDINANCE NO. 61-91 DATE: September 6, 1991 This is a first reading of an ordinance correcting the zoning classification for a parcel of land located on the west side of Federal Highway at S.W. 10th Street (Wallace) from GC (General Commercial) to AC (Automotive Commercial) zone district and correcting the Official Zoning Map, The properties involved are Lots 10-15, Block 8, Rio Delray, more commonly described as the parking area used in conjunction with the former Wallace Nissan dealership. We have received correspondence from the owner's representative which asserts that when the change from the proposed (LOR) zoning map was considered, and approved, for the property to the east of this site, the action should have included these lots, Based upon documentation provided to the Special Adjustment Advisory Board, it was determined that the factual information did state that the request before the Commission included the subject lots. Thus, the item is forwarded for special consideration by the Commission, lHidi tlonally , the Board noted that there was apparent cor"fus ion at the Commission hearing and that had the subject property been specifically identified at the time of adoption of the zoning map, the Commission may have excluded it anyway. Thus, while the resulting action may have been inadvertent, it may not have been inappropriate. Lots 10-15 have an aggregate lot area of approximately ,7 acres. The minimum lot area for vehicle sales, lease, or rentals is 1.5 acres, Thus, by rezoning these lots to AC, the permissible uses are limited to speciality auto service shops, vehicle repair, gasoline and service stations, and auto washes. There is not an ability to aggregate the property with adjacent parcels in order to reach the 1.5 acre minimum lot area requirement. Additionally, the development potential of the site will be severely limited by the proposed rezoning action (the site cannot be used in conjunction with the AC zoned property east of Fifth Avenue) . In order to use the site for office or retail purposes (other than auto parts) rezoning to GC (General Commercial) will be required, Given the above situation and previous discussions at the City Commission meetings adopting the LDRs, staff believes that had it been specifically stated in the action that Block 8 vias included and that Block 8 v7 a s not a part of the then existing conditional use approval for an automobile dealership, the request would have been denied, As this is a Special Relief Item, Planning and Zoning Board review is not required, Due to the use restrictions cited above for AC zoning, staff recommends denial of the rezoning request, A detailed staff report is attached as backup material for this item, A ppeol1ED c:rn 1$1 eEADlnG $-0 c9no ~RDI PH on q ja4lc1/ ~ ," - . . ~._-~ ------ --------- --. --- ORDINANCE NO. 61-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR LOTS 10 THRU 15, INCLUSIVE, BLOCK 8, RIO DEL REY, LOCATED AT THE NORTHWEST CORNER OF S.E. 10TH STREET AND S.E. 5TH A VENUE (SOUTHBOUND FEDERAL HIGHWAY) FROM GC (GENERAL COMMERCIAL) DISTRICT TO AC (AUTOMOBILE RELATED COMMERCIAL) 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 GC (General Commercial) District on the Zoning District Map of the City of Delray Beac:-J . Florida, dated October 1, 1990; and, WHEREAS, a review of City records indicates that such zoni:1q classification may have been inadvertently applied to said property; and, WHEREAS, Section 2.4.7(F) (2) of the Land Development Regulatlons 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 De1ray 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 (Automobile Related Commercial) District for the following described property: Lots 10 thru 15, inclusive, Block 8, RIO DEL REY, as recorded in Plat Book 12, Page 84 of the Public Records of Palm Beach County, Florida. 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. Sec;tion 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1991. MAY 0 R ATTEST: City Clerk . First Reading Second Reading ~ ," oK ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: C:Vl\D~:AFEN\t,~T:~ ~NAGER FROM: tD1wt'ri J, \dVACS. DI~R DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 10, 1991 ORDINANCE ADJUSTING ZONING FROM GC TO AC (WALLACE, BLOCK 8, RIO DELRAY, LOTS 10-15) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a rezoning ordinance (GC to AC) on first reading. The property involved is Lots 10-15, Block 8, Rio Delray. It is commonly known as the parking area on the west side of Federal Highway at 10th Street which was used in conjunction with the former Nissan Dealership. This item is pursuant to Special Relief Section 2.4.7(F)(2). BACKGROUND: Attached is correspondence from Michael Weiner, P . A., who is the agent. He claims that when a change from the proposed (LOR) zoning map was considered, and approved, for property to the east of this site, the action should have also included these lots. Special Advisory Board consideration: Based upon documentation provided to the Special Adjustment Advisory Board, it was determined that the factual information did state that the request before the Commission included the subject lots. Thus, the item is forwarded for City Commission special consideration. The Board also noted that there was apparent confusion at the City Commission hearing and that had the subject property (Lots 10-15) been specifically identified at the time of adoption of the zoning map, the City Commission may have excluded those lots from the rezoning anyway. Thus while the resulting actions (GC zoning) may have been inadvertent, it may not have been inappropriate (see Kovac's letter of August 8, 1991) . Site Facts: Lots 10-15 have an aggregate lot area of approximately .7 acres. The minimum lot area for vehicle sales, lease, or rentals is 1.5 acres. Thus, by rezoning to AC, the permissible uses are limited to speciality service (auto) shops, vehicle repair, gasoline and service stations, and auto washes. There is not an ability to aggregate the property with adjacent parcels (not separated by a street) in order to reach the 1. 5. acre minimum lot area requirement. . Assessment: The development potential of the site is severely limited to the auto related uses above. The site cannot be used in conjunction with the AC zoned property east of Fifth Avenue. In order to usew~site for office or retail purposes (other than auto parts) O~ require a rezoning to GC. (NOTE: The same situation occurred on the property to the east, where the owner needed to process a rezoning to GC in order to proceed with the Shoney's development project. As was noted at that time, should the owner's request be granted, it should also now be noted that prior to proceeding with a retaii or office use the payment of fees, holding Of~liC hearings, and enactment of a new rezoning ordinancew be necessary.) Given the above situation and discussion at the City Commission LDR adopting meeting, I believe that had it been specifically stated in the action that Block 8 was included and that Block 8 was not a part of the (then) existing conditional use approval for an automobile dealership, the request would have been denied. Comprehensive Plan Consistency: Either zoning (AC or GC) is consistent with the Future Land Use Map designation of Commercial. There are no policies which preclude approving the requested zoning. PLANNING AND ZONING BOARD CONSIDERATION: Since this is a Special Relief Item, the Planning and Zoning Board has not formally reviewed it. RECOMMENDED ACTION: By motion, denial of the requested zoning. Attachment: * Location map * Weiner letters DJK/t85/CCAC.TXT ~ ;" IITIIITJ I I ~. I I ITIIITJ - [IJJ >- I S.E. Sf. <{ 101 ELAL..[UCA ~ 3: 5 ~ m W ~ ~ C IX <{ IX ~ 3: .... ~ ~ ~ ~ ~ <{ ~ % ~ 2 2 ~ % % <{ ~. 7 TH ~ ITllIlJS , ~ [J" 8 ~ ~ <{ ~ o ~ S.t. 8TH ST. ~ III 8 TH Sf, 9 TH sr. B ~ ~~: c,'" ~,,~,f I 4~ r:i~ 4~ \c.~ o't.'t. :-O"~~~ ~~~ ~..r "l.<j)'t. MICHAEL S. WEINER & ASSOCIATES, P.A. A TTORNEYS A T LA W The Gulfstream Building, Suite 407 1177 N,E, Eighth Street Delray Beach, Florida 33483 South Palm Beach County: (407) 265-2666 MICHAEL S. WEINER North Palm Beach County: (407) 736-5888 RAN DEE J, GOLDER Broward County: (305) 462-4935 RANDI S, TOMPKINS Telecopier: (407) 272-6831 OF COUNSEL: PETER J, MURRAY August 9, 1990 CERTIFIED MAIL - RETURN RECEIPT REQU~STED Mr. David J. Kovacs City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Block 7, Rio Del Rey Shores Southeast loth Street, between Southeast 5th Avenue and Southeast 6th Avenue Our File No.: COLS(66)002 Dear David: Please be advised that a mistake has been made with respect to the Proposed Zoning Map for the City of Delray Beach as first published July 14, 1990. I am enclosing a photocopy of a survey showing the location of the above-captioned property. It is indicated in the Proposed Zoning Map that this property be zoned GC. The correct zoning is AC. Would you please be certain that this mistake is remedied. If you should need anything further, do not he itate to contact me. ve~r Ynr~ )>J l~hael S. Winer \1' f~ ~' MSW/mph Enclosure ~ %\lo\fO ~ cc: Mr. William Wallace 1~~~ ( Mr. Mark Marsh ~..-" " - ,-'.. II ,,~.- ~UG 1 o S'J " . "'\.. ,..... p -- -; C' ttll'l "tv;,......... . L.. 'I ~ , '" --........ ~ .10 - '. MICHAEL S. WEINER & ASSOCIATES, P.A. I A TTORNEYS AT LAW The Gulfstream Building. Suite 407 I t tn N.E. Eighth Street Defray Beach. Florida 33483 MICHAEL S, WEINER South Palm Beach County: (407) 265-2666 Norttl Palm Beach County: (407) 736-5888 RANOEE J. GOLDER Broward County: (305) 462~9J5 RANDI S. TOMPKINS T elecoplar: (407) 272,683' OF COUNSEL: PETER J, MURRAY AUgust 31, 1990 CERTIFIED MAIL - RETURN RECEIPT REQUESTED " Mr. David J. Kovacs City of Delray Beach 100 N.W, 1st Avenue Delray Beach, Florida 33444 Re: Block 7,-Rio Del Rey and ( Lots 10 through 15, Block a,.Rlo'Del:aey. Our File No.: 'WALW(59)007 Dear David: This--will-con,frrm - ,wi th'you-th'at'based"_up.on--::the-polllng of-the .. 4.' _ ~ .- ~. ,.-ci ty"Commiss ion' at the meeting of August 28, 1990, the" above-capti'oned- property w111beJ.abeled 'ACupon-the. next ,~ publ'ication-o'r-thef"'Proposed-zonlng"Hap-for-the-Cl ty - 0 f Oelray Beach-cornpleted-in--connectlon"with-the--Land-oe.Ye1opment Regulations" presently.orbefore....the -'C1 ty Commlss 10n. understanding that the exact date for the passage of the lopment Regulations has not yet been set but that public ave been closed. If for some reason this letter is not ~O~~~:~. please notify me immediately. 11~ We er MSW/mph cc: Mr. William Wallace Mr. Mark Marsh -- ---. -. -~, -..... -.-. - ,~ .. . . ~ . . MICHAEL S. WEINER & ASSOCIATES, P.A. A TTORNEYS A T LA W The Gulfstreani Building, Suite 407 1177 N.E. Eighth Street Delray Beach, Florida 33483 MICHAEL S, WEINER South Palm Beach County: (407) 265-2666 RANDEE J, GOLDER North Palm Beach County: (407) 736.5888 RANDI S, TOMPKINS Broward County: (305) 462-4935 OF COUNSEL: Telecopier: (407) 272.6831 PETER J, MURRAY October 9, 1990 Mr. David J. Kovacs City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Block 7, Rio Del Rey and Lots 10 through 15, Block 8, Rio Del Rey Our File No.: WALW(59)007 Dear David: Enclosed is a photocopy of the letter which was sent certified mail, return receipt requested concerning the Zoning Map to be issued in connection with the Land Development Regulations. please note that the specific reference is to Block 7, Rio Del Rey and Lots 10 through 15, Block 8, Rio Del Rey. In reviewing the maps, I notice that a mistake has been made and the Lots 10 through 15, Block 8 have not been zoned AC. make the appropriate correction. S. Wei MSW/mph Enclosure cc: Mr. William Wallace (w/enclosure) ., ,:' - -'"""'W .. 1 i -'-"" .'. " I ~,. . ,4." '.~ <. ; ) ..... . , - .....:..;! ~ ) ,.- ,- '1 -, J._1v -' ., "- ". ~ ~ w" . [ITY OF DELRAY BEA[H .. i':.: .'-.J:: -J=...,~"':'. -:3:::.:' -; ;":'-C:'::=, 'J...\ ~:.Ll..t ' ..., ~ - ,- ~ - - - ~) - .... .~ _. November 2, 1990 Michael S. Weiner & Associates, P.A. The Gulfstream Building - Suite 407 1177 N.E. Eighth Street (George Bush Boulevard) Delray Beach, FL. 33483 Re: Lots 10-15, Block 8, Rio Del Rey, AC Zoning Your File WAL(59)007 Dear Michael, This letter is in response to your inquiry of October 9, 1990, in which you note an apparent mistake in that the above lots were not placed in the AC Zone District upon adoption of the new zoning map. Unfortunately, when your letter of August 31, 1990, was reviewed close attention was not paid to the caption, and I interpreted the letter to be addressing only that portion of the Wallace property which was approved for automobile dealership use in that arguments which were presented were focussed upon the current conditional use approval. That approval involved only Block 7 . Thus, the zoning designation was, in my estimation, not affixed in error. The new Code provides a mechanism whereby your inquiry can have official action. On November 13th, the City Commission will establish its Special Adjustment Advisory Board. That Board will be able to review this matter and act with respect to any of the following: 1. There was no error and the owner must petition on his own for rezoning consideration. 2. While there was no error, there was miscommunication which placed the owner at a disadvantage with respect to presenting his position; and, a rezoning consideration (through normal procedures) should be accommodated without processing fees. - - - '\ ;\/I_-;--rc::?S - - - - . , . Michael S. Weiner Re: Lots 10-15, Block 8, Rio Del Rey, AC Zoning November 2, 1990 Page 2 3 . Find that the designation was applied inappropriately or inadvertently and that a change, via emergency ordinance, should be considered by the City Commission. Unless you request otherwise, your letter of October 9th. will be presented to the Special Adjustment Advisory Board, after it is constituted, for formal disposition. Cordially, -~--- '-, (J~~~,~ector Department of Planning and Zoning DJK/leh c: LDR File Wallace CU Project File City Attorney DJK/#73/WEINERAC.TXT ~ ,,; . , ~ ( .., ~~iM a~ D~lRpj~~ ~&:~[~i ;\ r'\ "", t. ft" , .,. I It , , I.. ~ ,,~,. ../ August 8, 1991 '(,"./ ", . , [~~LR'-~Y B~:.r_H i-l C,11IU.i, J?I.t.1 407/741.700a . , Michael S. Weiner & Associates, P.A. 102 North Swinton Avenue De1ray Beach, FL 33444 Re: Lots 10-15, Block 8, Rio Del Rey Dear Michael: 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 SC zoning on the property, while not necessarily inappropriate, may have been inadvertent. Their determination was based on the following rationale: * It is clear from your presentation to the City Commission that what was SC was requested to remain as AC and that the subject property was clearly identified in your introductory statement (review of transcript). * The City Commission may not have been clear about the specific property due to references to an approved site plan (which did not include the property). * The Director may not have been clear about the specific property due to previous letter exchanges which discussed only Block 7. Accordingly, a correcting ordinance will be prepared and placed before the City Commission for first reading on September 10, 1991, unless you request otherwise. In the meanwhile, I understand that you will consult with the City Attorney regarding any time frame limitations which may exist due to the c ~truction of Section 2.4.7(F)(2)(d). :JallY, L i~~~~irl.CtliCb,r 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 Reliefj File" .' I i\ r:l :, 1 f , : I . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FRON: ~$fcITY 11ANAGER SUBJECT: AGENDA ITEM # I d c" - MEETING OF SEPTEMBER 1 0 , 1991 ORDINANCE NO, 62-91 DATE: September 6, 1991 This is a first reading of an ordinance correcting the zoning classification for a parcel of land located on the north side of S.W. 6th Street, if extended westward, between Interstate 95 and S.W. 15th Terrace (Surles) from OS (Open Space to R-1A (Single Family Residential) and correcting the Official Zoning Map, We have received correspondence from the owner's representative asserting th~t the City inadvertently changed the zoning on this property and0requesting that it be returned back to its original zoning. The Special Advisory Board has been polled and agrees with staff's determination that the zoning was inadvertently changed at the time the LDRs were adopted. At the time that the Future Land Use Map and the LDRs were prepared and adopted it was believed that the subject property was excess right-of-way for 1-95 which was owned by the State Department of Transportation. Subsequently, we received the aforementioned correspondence which showed the property was privately owned. Given that the property is not excess 1-95 right-of-way, nor is it owned by the State, the subsequent zoning to Open Space should be invalidated and the property returned to its pre-LDR zoning of R-1A, Should this request be approve, staff will initiate an amendment to the Future Land Use Map as part of Amendment 92 -1. Additionally, other parcels, within the City, and similarly located along 1-95 will be examined to determine if this situation exists elsewhere, Recommend approval of Ordinance No. 62-91 on first reading. ~ .5-0 or,,, -- ORDINANCE NO. 62-91 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 NORTH SIDE OF S.W. 6TH STREET, IF EXTENDED WESTWARD, BETWEEN INTERSTATE 95 AND S,W. 15TH TERRACE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM OS (OPEN SPACE) DISTRICT TO R-IA (SINGLE FAMILY RESIDENTIAL) 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 OS (Open Space) 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 may have been 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 R-IA (Single Family Residential) District for the following described property: The East Half (E 1/2) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) lying east of Interstate 95 (also described as the E 1/2 of Lot 1), Section 19, Township 46 South, Range 43 East, Palm Beach County, Florida. 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 J..:nrne- 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. 62-91 . - . ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: Q=~t3~:ITY MANAGER FROM: ID J. KOVACS, D~OR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 10, 1991 CORRECTION ORDINANCE, ZONING MAP - LEONARD SURLES 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 one parcel owned by Leonard Surles, Sr. and Leon O. Surles. The property is located east of and adjacent to 1-95 and north of s.w. 6th Street. The property is currently vacant. BACKGROUND: This possible error in the Official Zoning Map came to the attention of the Planning Director through correspondence from John T. Morrison, Attorney, representing the property owner. A request was made for consideration of special relief pursuant to Section 2.4.7(F)(2) of the Land Development Regulations ( LOR's) . The Special Advisory Board has been polled and agrees with staffs determination that the zoning was inadvertently changed at the time the LDR's were adopted. ANALYSIS: Attached is a map which shows the location of the subject property. At the time the Future Land Use Map and the LDR's were prepared and adopted it was believed that the subject property was excess right-of-way for 1-95 which was owned by the State Department of Transportation. By way of the attached letter from Mr. Morrison it has been determined that this is not the case with the subject property. Given that the property is not excess 1-95 right-of-way, nor is it owned by the State, the subsequent zoning to Open Space (OS) should be invalidated. Therefore, the property should be returned to its previous zoning (pre LOR's) of Single Family Residential (R-1A). ~ ." City Commission Documentation . Meeting of September 10, 1991 Correction Ordinance, Zoning Map - Surles Page 2 - If this request is approved, staff will initiate an Future Land Use Map amendment for this property as a part of Amendment 92-1, as well as examine other similar parcels along 1-95 to determine if this situation exists elsewhere. PLANNING AND ZONING BOARD CONSIDERATION: Since this item is being considered under the special relief provisions of the LOR's 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; Attachment: Ordinance prepared by others Letter of petition from John T. Morrison Parcel location map SW/DJK/SURLES.DOC - '~ r ~ LAW OFFICES OF John T. Morrison, PA. SUITE I TELEPHONE (4071 391,9977 342 EAST PALMETTO PARK ROAD (3051421.2801 BOCA RATON, FLORIDA 33432 FAX. (305) 421.2801 August 20, 1991 Certified Mail Mr. David Kovacs Director of Planning and Zoning City of De1ray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: 19-46-43, E 1/2 of the NE 1/4 of the NE 1/4 of the NE 1/4 lying East of 1-95 (also described as the E 1/2 of Lot 1), Section 19, Township 46 South, Range 43 East, Palm Beach County, Florida Dear Mr. Kovacs: This office represents Leonard Surles, Sr. and Leon o. Surles, the owners of the above referenced property and in that capacity we are instructing the City of Delray Beach to return the subject property back to its original zoning. According to your instructions to Leon Surles we were to provide you with a request by certified mail, since the City of Delray Beach inadvertently changed the zoning of the property. This property is individually owned and should not have been included with the other parcels you rezoned. Should this piece of property not be returned to its original zoning, we will have no alternative but to bring a law suit against ~he City of Delray Beach. PLEASE GOVERN YOURSELF ACCORDINGLY. Very truly yO~ '.f:.) . ~ , ..:.....---;- __________ C'. '--"Y' ' \ (' ~ t.."":_ John T. Morrison r.~r-'-,- JTM/bjm . " . ~r'~ oj>> 'C L It,JD) cc: Leonard Surles, Sr. Leon o. Surles Enclosure: Copy of Warranty Deed AUG 22 199' PLA:'.;['; J\JG c.. ZONING II,,, ~. ~ ::. ... _____________._l~- I I.." . \, - -- T ~ -.. - - -- -- - -~~ - .. -.. -- I - - /~ ~ II 11t / I /2 ~ ....., ~~ IJ y- : I It) ~ 71 w- ~= ATLAIHie AV(, 0) ~ '~ .1....' . vET, CLII'IIC I 7', ,'" . ~ 81( '2 PG 189 - j,~ "-- L ,... ' k'\ .;[ "'~ I r;r ~~, , ; '" ~" 2:" x 0 .. ," 4 f-- . . . . I., I r-~ ." ~ ~ ~ ~ - ~ I / I I '", ~ 0 \ I ":t 11 N :(11 b....-1 . , b.... 1-, ,tr ~ \ t I Is~. ' I I , ........ . V . , . .... h I I ' .. ....:~..p RK~ ...r \ I I....',-r:;:; . k r-; I I I i....~h' ,OMi)ENS h ,I I I I ,~~.. I i I ~ '{:j I I / i ~sr ::J~l ~~ 7' ~"', ~ "I ~~ ,...' C S W . .. , '" i I- . ~ ,'. . . .'. I t ,/ Lor I /,-g ~""., 'rzi 'c: :.. 1" 7 ~ ~~ S ..... i: . 'I. I'" 'I -_ '" II: 4 +;:;;; , Me EWEN _ r-,-rr' ~ {; ~ ~ ~ ....~ ~ - I~ :.z..~..Jci: ' " LUMBER " ~ r- ,CD 0 , , >~ .. I . ~..' ... ~ . ~ ... (CONGRESS SUBD, I' \ ~ ~ o~~ ,~ ~~ I ;:; lOT 2 LJ. .. J .J-':::>~~~~. tL0:~I;':~:t ) (/) l:---,Y'il',..<<>--n.,. '!<o -. L ~ \ ~~: ~~r.~~S~ ,- I <:l \ I ~ lJ ..." 1\ ... Hi 1" z ~ fr:;-:, I~"\ '0'" "J" g / ~ tt:K..9's";u~'rr II '. <t'~ ~.I~,:,,\ " 8 '"tI''' :....:'1,... ' 7 4 t .,:\7' . . . " I . . - - . ~~ ' . ~.I .. :, tEfif~" '.,/"., '" ~ I~ .m ,7"\.:. ,~, I . , m!"~' . / .... I, T. ~ ''<'>0 '..... ~ . ,. , I :::: I.. [.,. ---..:: ~ . I '.... " ,.,..--"..,........_.. ' , .... . ... ..... , ' ~ ., \ ,I \ 2 l' ;;;;;.:t-,.... ... ~ : ',' ... \ I ...... .~ .,.. ' , ....... u , I ...... ""'- . i' :::::: J V) i .'. : I' II , In::::!". ~ -... .' ~ or...... r..: I ~.....,' .. ' I!:::::: -- r 91 I I:::::: , ..,F,."... : I ' ... 1 . ) ....... ~ ~ ( " r :j I ,i:!:!ii.........' , 5,W, e 5T, "--- 'I ~ ~ I' ( ~ ~ O ,I ,j 3 ,-, / I , ~ ' I .' / fl.) ~ ,'" / ............... ~ / I t 1- _ _ ". ..4 I '-.J I ----- r-- l::::sc::::l""""" 6 I' I Q nil ,~~_ I j.J I ' ~ I I \ =*=; ~ B ~ ' ,~ .~ I ) ~' ~~, / I I" BE 'CH (, . t:5:-;G 10'3 , V r-+- ~ i-- . A Y \ I . I ti I I \D f;:::;= r=3= 2 v':9-""""" \ I I (S) s=:.t= f- ........... "" J' \ ~ f=;........ I .............. \:) - ~.. - " L'NPRO-~. ~'....' ,~."'" . T R:V\ ~ 6 CUB I / DELRAY \- ;t: ~ ~ ; 8 9ft1 7 8 '" "I CO'v1MERCE~ -,"" ~'=.. .. 7 10 I~ IC,lNG :> Q: CENTER" \ ::;frI,::tb ,y 6 't:t'<l~ INOUSt 6 !, '<l " 0' ~;o t. =~' j PAAK S ' I \:,..j ... 'I:::j ~'- ::::::~ ~ s 12 >> ! IV , ~' --' ~;-; - ,.... II! _ I I I I \ =:;.E?pt: 4';;fS'{ III "~' -r=:::J \ \ ::::J::: ~ h ~ ... ('oj f- 'I, lu , ---+- r::::= . 14 I:! '"' 3 I~_ _ . " f--r-- ---- " , d<, I- ~;I.'I 1 n.~ J, ,~ \<1>11 \ It=!:;; ~. ,- t 51 1 '2L11 13' . I!II 0 : ~ ! '. t ' ' ,';::;; I~v 2, I, ~ 11, . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # fa D - MEETING OF SEPTEMBER 10, 1991 ORDINANCE NO. 63-91 DATE: September 6, 1991 This is a first reading of an ordinance rezoning the golf course property located within the Del Aire Golf Club subdivision from R-1AA (Single Family Residential) to OS (Open Space) zone district and amending the Official Zoning Map. The subject property is 198.87 acres comprising the Del Aire Golf Course (27 holes) . The Golf Club, Clubhouse, Pro Shop and Recreation Center are excluded and will retain the R-1AA (Single Family Residential) zoning designation, The property is located east of Military Trail, north of the L-38 Canal. The purpose of the rezoning is to create consistency between the existing Future Land Use Map designation of Recreation and Open Space and the zoning of the subject property. This item was one of two alternative City initiated actions proposed in Comprehensive Plan Amendment 91-1 in order to resolve the present Future Land Use Map/Zoning Designation inconsistency. The rezoning proposal and the alternative proposal to amend the Future Land Use Map from Recreation and Open Space to Low Density Residential were considered by the Planning and Zoning Board at their meeting of April 15, 1991, At this meeting, the Board of Directors of the Del Aire Golf Course requested that the golf course be rezoned to Open Space with the Future Land Use Map designation of Recreation and Open Space being retained. This request was unanimously approved by the Planning and Zoning Board and forwarded to the City Commission for consideration, At your April 30, 1991 meeting the Commission concurred with this recommendation and directed staff to proceed with the rezoning. As a result no further consideration of the Future Land Use Map amendment is necessary and the rezoning may proceed as a separate item, Additionally, further review by the Planning and Zoning Board is not required as the proposed rezoning is consistent with their recommendation of April 15th, A minor discrepancy still exists between the present Future Land Use Map designation of Open Space and Recreation and the current zoning of R,-1AA (Single Family Residential) for the Golf Club, Clubhouse, Pro Shop and Recreation Center, However, the present use or this property is an allowable conditional use in the R-1AA district, This discrepancy will be addressed with Amendment 92-1, either through an an;endment to the Future Land Use Map, or a modification to the description of the Recreation and Open Space land use designation in the Comprehensive Plan, Recommend approval of Ordinance No. 63-91 on first reading. tG.iJIudL 1St- ~ $-0 ~ ,II _. --- "- ----.--------- -~ .----- -- ---- -. - --- - --- ------- -----~~---_._-- .-- - --- _._--~---------- --~-- ----- ---- -- --------- - ORDINANCE NO. 63-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND IS LOCATED WITHIN THE DEL AIRE GOLF CLUB SUBDIVISION; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the OS (Open Space) District as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: Tracts C, o and F of Del Aire Golf Club (Less Tract E) as recorded in Plat Book 37, Pages 1-4, of the Public Records of Palm Beach County, Florida Together with Tracts G and H of Del Aire Golf Club First Addition, as recorded in Plat Book 37, Pages 163-166, of the Public Records of Palm Beach County, Florida Together with Tract M, Del Aire Golf Club Second Addition as recorded in Plat Book 39, Pages 66 and 67, of the Public Records of Palm Beach County, Florida. The above described parcel contains a 198.87 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. 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 s. 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 ~ ,'" .O/( tl71 C I T Y COM MIS S ION DOC U MEN TAT ION TO: 0 T. ~ HA~EN, CITY MANAGER THRU: ~.. ~knC:~-lrO~)S~~~6R DEPARTMENT OF PLANNING AND ZONING ) FROM: STAN WEEDON, PLANNER III,1u SUBJECT: MEETING OF SEPTEMBER 10, 1991 DEL-AIRE GOLF COURSE REZONING ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is approval of a City initiated rezoning of the Del-Aire Golf Course from R-1AA (Single Family Residential) to OS (Open Space) . The subject property is 198.87 acres comprised of the Del-Aire Golf Course (27 holes), which excludes the Golf Club/Clubhouse/Pro Shop/Recreation Center. The property is located east of Military Trail north of the L-38 Canal. The purpose of the rezoning is to create consistency between the existing Future Land Use Map designation of Recreation & Open Space and the zoning of the subject property. BACKGROUND/HISTORY: This item was one of two alternative City initiated actions proposed in Comprehensive Plan Amendment 91-1 to resolve the present Future Land Use Map/Zoning Designation inconsistency. The rezoning proposal and the alternative proposal to amend the Future Land Use Map from Recreation & Open Space to Low Density Residential were considered by the Planning and Zoning Board at their meeting of April 15, 1991. At this meeting, the Board of Directors of the Del-Aire Golf Course requested that the golf course be rezoned to Open Space (OS) and the Future Land Use Map designation of Recreation & Open Space be retained. This request was unanimously approved by the Planning and Zoning Board and forwarded to the City Commission for consideration. At the meeting of April 30, 1991, the City Commission concurred with this recommendation and directed that staff proceed with the rezoning. . . City Commission Documentation Del-Aire Golf Course Rezoning Meeting Date: September 10, 1991 Page 2 The result of these actions is that no further consideration of the Future Land Use Map amendment is necessary and the rezoning may proceed as a separate item as it is no longer tied to any actions included in Comprehensive Plan Amendment 91-1. There is no need for the item to return to the Planning and Zoning Board for further consideration as the proposed rezoning is consistent with their recommendation of April 15, 1991. A minor discrepancy still exists between the present FLUM designation (Open Space and Recreation "Recreation") and the current zoning (R-IA, Residential) of the Golf Club/Clubhouse/Pro Shop/Recreation Center. The present use of this property is an allowable conditional use in the R-IA district so the use is consistent with the zoning. This discrepancy will be addressed with Amendment 92-1 either through an amendment to the Future Land Use Map or a modification to the description of the Recreation and Open Space land use designation in the Comprehensive Plan. ALTERNATIVE ACTIONS: The Commission may: 1. Approve the rezoning of the Del-Aire Golf Course from R-lAA (Single Family Residential) to OS (Open Space), or 2. Deny the proposed rezoning with alternative direction to staff. RECOMMENDED ACTION: That the City Commission approve the rezoning of the Del-Aire Golf Course from R-1AA (Single Family Residential) to OS (Open Space). C: File 91-065 11"1 '1' /:~':'''''~:'I 1-....-:-5..~......'.'"1'7 ,~:o:' - . .... I. ,1::,:.(,'" - - - -, ,'1---- _ ;\i ".' I~ ';li}.Ih, r:::-:.~ :~.!.:..:.:'..:_- ~.~..~fm I,-..-.~-j j ...'}1t:;lll L' ~'- ~~:1";.J 0 ;.. . ~3:: '~.H :: .' ;":Jf.."t . , " .~~--:~~~ . ,,' j .~.... ~;o.:.t.: - - i::..':, ". · ~~..... ':~;.'... I,' ,:,.' 5 ~~ :J'i.1." __:~ '~!''''~~ _p\ '. .....-....~Q_., cro:" '. - ; .'Lt.M' '~: -rft; '1'1' "1 f.- r I '.-~ [ID" '., ~ "'=j". ' .... '-'-.: '\' ~ . ~ & . ~ ~., .' [?1:~ ~c-$i'~' .. 1-:. \ ., . :.'. ..,. ...,. .._, ,\.... ,'"'1-:- I ~ ~r, mr- ~ ~. , ::'3 ~I~ \.'I~.J ~~~h t~~:; r---..... 0 t .il'oClIIOS ii 'I L,U , .. .- .J.. "t., 'rl"'~If." .:,,,,,.~I:J.1 il I I ;:;1 .. J 1 1'_. , , I to:j .,.....' '-'.'9:::;~ ..... . ~~.. 1..' ;'S:'ll V' . Po.' i ",t ~~-&:~l ,'! ~"':'~'.:~{llh/'r:~~:'I; y~.i~~"'.~lt";)~.]~~~~ili~ ""( (~)' i " .......... ~:::t:i,__..___ ,. It. ~. .'!r ';f\., _I ~ U . . :4 I '....:.H\. rh .1 .') 'i...~, ii' '. ; 'I~ ,.. I ,_ '. ,,~Tj ,I ..:,...,.7'. ~(~;......,.... ,~~..... l:,I': : I' '. r_ - . II ---- r:-- - ~ ~fo.- - ~ - .. ....oo.. .-" .. -.. '...~..,.~ .:-: F-, 'I ;l~~ : ~.~I ~.-"\ ~."'I.., . r--"",'" . ..' / ~.. '''-'L;..,:rr::. .....: .~..,.~~_. 'ffi:~2i' ;;- ~ · =t'o~~-~ , : ~.. . -: - \ . , ~ - .,-.- -E1H' i ~." ~ p; ~~ :.1,',': U ,,.~., I~ ~~ ~ , --:Y"'-"'""\; , ro.. ...~. ... .. -=- -:f" ..:..:...J" ... - \-... ' ,,"..""-, · l' x _or~, '.. ." ':~f'-J ' r ., ..fJ I .... t . -. If. - ' . ' ..=:.....-=- ==.::! ,: . ' · . " "~ :,J!.' 0' 0\.' ... I ':' : ~T;:~~~ J::'~\' "'~ -., ~ .,.,..::t.':;y "~f~ ..' if _~.. ..... , '; I Q f " ....\.'":.-_..... .... . '.f ..-, M..... "I /,.,.. ~ .._~ D '" ."""1- ,~/" ~~, i~{}d.f~!~...F.~:,... .d..~J~M;""[ .j~~ ~... If..o ~ :;. 6 J ' I 4_..;=-t: r: " .' '5""~v"'.. . '~II'O!" ~~. r ".y n-'" .-,...... ifl · "'/ :-....-~-~. ' ..' , ~J.~~ \ " .t:...- ~, I , ....._ . ...,. .... .~~.~ .", .,~~;" M......V o. . .=~~ W$~#ffi......~~. ~~!.~,. ( d) ;;;::C~':J.' ~~ ~ -='==- - ~~-.." I I , , ::w.t.::y...... . l - ,~":>..,=i'l ...,...."...'"' U -~ ~Ot ~.....,,,...... . .......... . '.' ~~.~__ :::! ~ -L'I' . =--=- -=.. ~ .:.. ~ .. ~ _ ~:. ... _ ... ...1.-. ~ · . ,~ ~ .' J . . . , ' i . f . ~ ' I . 1 . f . j . / . / '/.It ' I . I' . . I . f ' I . j . I .. . -, . - ,." .... ' 1"I.J.l,J.,Lo i~...I'~"'I..&' ,T.'. . .olh!.;..JIltJ.J. . . 6Lr'.i:...... 'IILJ r~~ :a - :-r;' .. :'\ In -. .... ,'1' T.j . T' , } -I. I. I' 1.1' I. . I' I. . . , .T.l'I' .. ~l\s J~;. g I, [ifS-". '.. ..- V ,.J-- ~. I .. .. .. ...............,... U IU."" 'j'I'" ~L .j.. ,... .. , . . ";!I~.' . . . ~;-. ~.! j r-.... ~/J _ ,..,..... ....... .....,.J' .....,.........,... ;f,f~.......';lo,..'.:} ri .;:,~ I . ~ .... . ~" ,,:1-4K: ~' ,:~.._I y , :. ..,.,-'_.,..~~ ~. ..... .~~.............,."'. :"..{1,;.'o..l · :i! -- l '0 ~.. .... ~ ; . : . r ~ - - -.. -., I : ... '." !!> ... . ~... ... .. '""-- :' . ~. I .' ~ fi!:H'..~~. ..-. ~:':'- -- -~;..........._..,-,...._,... . :1.&. .!'I.I-I'hl~l~~1 fJ ?:' ...- ~ ~:=""'''_._.__...'J!'' ~ ~~~~~r-~"": . 'I). ~': ~'.~~~'n"1.~Q,~ 1 -- . '.. . · _.AJ .... .... J j ... _-* . :-~ ..~'"'TI... ~:':'..=. a,,.: .:l. fZ~~'.' . ....... ..,..... : ".'.:,;.,.....,,.,.. _\f11' ~ ,.. ;;..~ ~pl -f';'~. I ,~' J' I :' ~4;, . ~ . ~~..~ :~'iib,- ' . '_R_I! ....,..",~~.I-' .,;"'::1, :... ~ '..0 : ~1"T:~ rj1~: _, -A . 'I..:...'_ .. ... .' ~:11 '.... ~ .. .. . I~-~... . ~ . .. ~ .. __ ..._..7 ~~. ............. _ .-r.l. .1. ,I 1_ ... ,M, , ff."" ... 11 -~ (1::~-~ -... c_.~ ~~, . . ~. -- I _ --:::::~. ~ ~ ," j......... ~ ....... V ~,.l r... -, .. at . v - W . . . ~.. ~ ,. ~ ~ .~.. . J'" . -. . J--ji~~ ~ ~ . / ""'o::::~ . _I" ~ . . - I., ~~. o. - .,. - .~! . -. .' i"""--. . ....1 .' .,. ...) ,. ._. . ~\.~ ..I. . . . . ,~~~.: ~= r..........~. .. ..:- . .. '" . ~I...::.: l-,-I". ..--- . .'. . ~~il' ---=r.. - -' ~ ....; : - -- .~. ~',. , ....-,." .......... I . .. ,~ . r-- --r-'....... .. ....I . ~~<l;' , ~_ . .. -to-- . ..,.1"";;'5' ' - ~ .. . :::;f~. ~.. ....,- .. .!!.!.4.:.\-1- ~ ,.... ~,.- -:"1' . --:....:-' ;. .. .; v. . . ., .........__1 ,. --- - --=...=..=.- ......"-!.!! . I N ._ ..,. '" ... ;,;;:-. r: ....... ~ . . .. - '. . . ~t~ ..,. '....--=:::::-.:... ., f . ~_.. - ...... . . . . -.'1. ..............,.... .. . . '.' .. . . . . . . , . . .. ~ .. ~ ! . ~ " ',;.. . '-~- ." ill ..... ' . :. . . "':'""., ; - .. ...... ... 'iI'" ... ~ "" . ":," ~ : '" ~ ..". . . ., .~- ....... ~....... ,- . No.' -.,- .- J T J'. '. .... . .. Ie. r._ !/- .... '. .' \.'\. I : .: .., -... '" . .~'" . " ; '. '..... ". '" .....I'./.'...;r. ~ ~ '. .. . -"" .. . .. . I~ . . ~ ,~ ;. ...... . ;1,,;~ . . . . '. . . J' 1-11. :r- ~~. . ........ . :-: ..~'.'...~..........." '.' .l.IL' s:. ......... ..... . ~ . "'. . ~,~~~. "I.~. :!"i1fo-:e. :1f.'II' ~;.. . r_ - ..u,.... . . '. . . .. .. . .~. . ~.:.. ~ .. ...j .' t. 1 ~ . . ...... .... ." ~-. .:;:.. ...... ,. ~ . . . . _.. "_II .. -- - _. . - . . . - '" - - - _. . II . -- _n - -.. .~, - ~ . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: f?P CITY MANAGER SUBJECT: AGENDA ITEM # I a ~ - MEETING OF SEPTEMBER 10 , 1991 ORDINANCE NO. 64-91 DATE: September 6, 1991 This is a first reading of an ordinance correcting an error contained in Section 2.4.7(F) (2) of the Land Development Regulations, and extending the period of time during which the Special Adjustment Advisory Board may recommend correcting errors within the LDRs. Section 2,4,7 (F) (2) (d) of the LDRs provides that unless otherwise extended by action of the City Commission to amend this Subsection, the provisions of Section 2,4.7 shall cease to exist on September 1, 1991, The section should have applied to Section 2.4,7 (F)(2) specifically, and not all of the relief provisions in Section 2.4.7. Therefore, this ordinance is being brought to you to correct this error. Should this ordinance be passed, the Special Adjustment Advisory Board will remain in existence until May 1, 1992, Prior to May 1, 1992 a decision will need to be made whether to further extend the service of that Board. Additionally, it is recommended that the Subsection 2.4.7 (F) (2) "Relief From Improper Regulations" be extended an additional six months to May 1, 1992. Thus far the availability of this provision has negated the need for costly and timely processing of the relatively few errors which have come to our attention. The Planning and Zoning Board has not formally reviewed this item. That portion of the ordinance which takes corrective action does not require Board review; however, Board comments are appropriate on the extension of the relief period, The Board will review this item prior to second reading. Recommend approval of Ordinance 64-91 on first reading. PASS€.D fie5+ t:fAQ 5-0 ~ '" CITY ~TTORNEY'S OFFICE ;-:.!... [\W, -y - - CITY DF DElAAY BEA[H I CITY ATTORNEY'S OFFICE 21)() I"W l~l AV1:~'UE . DHRAY U~ACH, FLORIDA JJ444 f'ACSI~IIr.r. 4117;:7(\,n5:Wr t (07) s2~!~'690Line MEMORANDUM -- Pate: Sept.ember 6, 1991 To: City Commission ~ Fl"OIn : David N. Tolces, Assistant City Attorne Subject, : Ordinance Reenacting Regulatj.on RCl~ef Provision A scrivners error exists within Section 2.4.7(F){21(d) of the City.s Land Development Regulations. This section provides that: , d) SUllse t : Unless otherwise extcuded by action of The City Commission to amend this Subsec,tion, the provisions of Section 2.4.7 shall ce~se to exist ab Septembet' 1, 1991- The'sect.i.Qn should have only applied to Section 2.4.7 (F) (2) , and not all of the relief provisions in se.ction 2.4.1. There- forc, this ordinance is brought to you to correct:. the error contained in 2 . 4.7 ( F)( 2 ) , and to extend the period of time during which the Special Adjustment Advisory Bocu d may recommend correcting errors within the LDRls. Upon passage of this ordinance, the special Adjustment Advisory Board ("SMB"),. which consists of the Chief Building Official, a City Commission Member, and a Planning and Zoning Board Member, will remain in existence until May 1, 1992. The SAAB hg,s the authority to place oefore t.he City Conunission any provision so the LDR's, including designations on the Official zoning Map which were inadvertently changed or approvod during the LDR adoption process. Prior to May 1, 1992 a decision will be made whether to further extend the time period for SAAB's existence '. . DN'I':sh Attachment i (.'0 : David Harden, City Manager ~ ,U C:TY CTTORNEY'S OF~ICE TE~ No, 407 2~? L755 ;ec 1~,31 15:52 ~ n- . ~ . ORDINANCE NO, 64-91 AN ORDINANCE OF THE C.ITY COMMISSION OF THE CITY OF _ DELRAY BEACH, FLORIDA, ENACTING SUBSECTION 2.4,7(F)(2), "RELIEF,FROM IM~HOPER REGULATIONS," OF THE LAND DEVELOPMENT REGULATIONS UY THE CODE OF ORDINANCES OF THE CITY OF UELKAY BEACH, FLORIDA TO PROVIDE FOR PROCEDURES FOR OBTAINING RELIEF FROM ERRORS WITHIN THE LAND DEVELOPMENT REGULATIONS WHICH INADVERTENTLY CREATE UNDUe HARDSHIP; 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 B!ACH, AS FOLLOWS: Section 1. That Chapter 2, "Administrative ProvisIons", Article 2.4, "General Procedur811", Section 2.4.7, "Procedures for Obtaining Relief From ComplIance WIth Portions ot the Land Development Regulationll", SUb-Section 2.4.7(F), "Special provisions", SUb-subsection 2.4.7(F)(2), "Relief trom Improper Regulations", of the Land Development Regulations of the code ot Ordinances of the City of Delray Beach is hereby enacted to read as follows: (2) Reliet trom Improper ReQulatlon.: Acknowledging that upon adoption of these revised Land Developme~t Regulations, it is possible and probable that errors occurred ~uch that a change to existing regulations or provisions of previoUS codes were changed or new regulations or provisions were enacted which inadvertently create undue hardship which would be reversed by a subsequent text amendment, special relief may be granted by the City CommIssion as follows: (a) Special Adjustment Advi.o~ Board Created: A Special Adjustment Advisory Board is hereby created. It shall consist of the Chief Bullding OfUcial, a City Commission member/ and a Planning and Zoning Board member. The City Commission member shall be appointed by the Commission and the Planning and Zoning Board member shall be appointed by the Planning and Zoning Board, (u) POwer.: The special Adjustment Advisory Board shall have the power/ by a unanimous vote. to place before the City Commission any provIsions of these Land Development Regulations, including designations on the Official ZonIng Map, which in its judgement were inappropriately or inadver- tently changed or approved. (c) Procedure: A requ~st for action by the Board may be made by any citizen or by the City Manager. The request shall be in writing and shall identify the affected section, the regulation or provision, and basis upon which such should be set a.ide or amended. The request shall be delivered to the Director of D~velopment Services who shall present the request . to the Board. The Board shall review the request and eIther forward it to the City Commission who may deny the request or effect it throuqh the adoption of an emergency ordinance, pursuant to adopted procedures tor such ordinances. It the request is not forwarded by the Board, the applIcant may seek relief through the process ot an amendment initiated by the City Commission or the Planning and zoning Board and subject to the full hearing proc.... In the case of a major amendment the property owner may pursue rezoning of the property. (d) Sun.et: Unless otherwi.e extended by actIon of the . City Commission to amend this subsection, the provisions of I ~ ," CITY RTTCRN~V'S OF~IC~ E_ '10, 407 278 il7S:: :;e ~' -~ '~' . ~ ~ - - - - . Section 2.4.7(F) (2) shall cease to exist on May 1, 1992. Applications made prior to the date will be reviewed 1n accordance with this section. Section 2. That should any section or provision of this ordinance ,or any portion thereot, any paragraph, sentence, or word be decla:ced by a court ot competent juriSdiction to be invalid, such decision shall not affect the validity or the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, Section " . That this ordinance shall become effective upon passage on second and final reading, PASSI!:D AND ADOPTED in regular session on second and final reading on this the ____ day of , 1991. MAYOR .- ATTEST; City Clerk F1rst Reading / SeCOnd Reading . 2 ORO. NO. 64-91 III," C I T Y COM MIS S ION DOC U MEN TAT ION ~--- TO: DAVID HARDEN, CITY MANAGER ........ \~EW~ ~~~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 10, 1991 CORRECTING ORDINANCE RE EFFECTIVE DATE OF RELIEF PROVISIONS IN THE L.D.R.S ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance with corrects and extends a SUNSET PROVISION for relief provisions in the L.D.R.s. BACKGROUND: During consideration of a recent request for "relief from improper regulations", it was noted that the SUNSET PROVISION contained in Section 2.4.7(F)(2)(d) referenced to the entirety of Section 2.4.7 (all) Procedures for Obtaininq Relief. This is an obvious error. It was intended to only apply to Subsection 2.4.7(F)(2), Relief From Improper Requlations. Thus, it is appropriate to correct the reference so that it refers only to the subsection. The subsection [2.4.7(F)(2)] has been very useful. Its availability has negated the need for costly and timely processing of the relatively few errors which have come to our attention during the first year of the LDRS. For this reason, it is recommended that the period be extended for an additional six months. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board has not yet formally reviewed this item. That portion dealing with correcting the obvious error does not require Board review. Board comments are appropriate with respect to the extension of the relief period. The Board will review this item prior to second reading consideration. "--- )l.ll City ,Commission Documentation Correcting Ordinance Re Effective Date of Relief Provisions in the LDRs Page 2 RECOMMENDED ACTION: By motion, approval of the proposed ordinance on first reading. Attachment: * Proposed ordinance, by others. DJK/#84/CCEXTEND.TXT ~ ,U - , MEMORANDUM 'i'O: I1l"YOR AND CITY COIvrHISSIONERS FRGH: fJr1CITY M....\NAGER SUBJECT: )\GEND~TEM.JI~ - MEETING OF SEPTEMBER 10, 1991 ORDINAECB NO. 65-91 ---- DA'I'E : September 6, 1991 This is a first reading of an ordinance amending Chapter 117 of the Code of Ordinances to provide for: an increase in the per unit cost for the annual landlord perm~t fee from $11. 50 to $13.00. The recommendation ~o increase thi.s fee is based on the volume of units that are cu:crently being permitted, the increase in permits 6.nticiput.ed for 1991;'92 ar.d the amount of staff time allocated to processing these permits. Staff does net anticipate tha-c the $13 fee will cover staff costs, however it is considered a fair cost. The only other city -v,rhich charges for . " permits is WGst Palm Beach, T:1eir per unit cost S lnll.l.ar lS $30, Recommend approval of Ordjnance No. 65-91 on first reading. p~ ~ ~ 5-0 ~ ;U . . MEMORANDUM TO: DAVID HARDEN - CITY MANAGER , FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMEN~ SUBJECT: INCREASE IN LANDLORD PERMIT FEES . ' - - . DATE: SEPTEMBER 6, 1991 We are proposing to increase the landlord permit fee from $11.50 per unit to $13.00 per unit effective October 1, 1991. Our recommendation to increase this fee is based on the volume of units that are currently being permitted, the increase in permits anticipated for 1991/92 and the amount of staff time allocated to processing these permits. Although the $13.00 fee does not cover staff costs it is considered to be a fair cost. The only other city which charges for a similar permit is West Palm Beach at a cost of $30.00 per unit. LB:DQ d/10 LandLord.CC tlIII . ORDINANCE NO. 65-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 117.02, "PERMIT FEES", TO INCREASE THE PER UNIT COST FOR THE ANNUAL PERMIT FEE; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title XI, "Business Regulations", Chapter 117, "Landlord Permits", Section 117.02, "Permit Fees" , of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 117.02 PERMIT FEES. Applications for a landlord permit shall be available through the Building Department. The annual permit fee shall be f~~~5e $13,00 per unit. Such permit shall be for one year from the date of issue on November 1 of each year, with the fee to be prorated quarterly, 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 in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective October 1, 1991. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1991. MAY 0 R ATTEST: City Clerk First Reading Second Reading . 1'1'" MEMORANDUM TO: MAYOR AND CITY COHMISSIONERS FROtJ!: ~ITY MANAGER SUBJECT: AGENDA ITEM # /~(} - MEETING OF SEPTEMBER 10, 1991 ORDINANCE NO. 66-91 DATE: September 6, 1991 This is a first reading of an ordinance amending Chapter 51 of the Code of Ordinances to provide for an increase in the fees and charges for residential garbage and trash servicesj to provide for a decrease in the fees and charges for commercial garbage and trash servicesj and, to provide for an increase in the fees for residential recycling services, The fees for multi-family and commercial recycling remain unchanged (i.e, enacted pursuant to Ordinance No, 48-91). These increases and decreases in fees and charges are pursuant to the agreements between the City and Solid Waste Authority and Waste Hanagement. As such, these changes in fees represent the annual adjustment authorized in those agreements. A detailed staff report is attached as backup material for this item, Recommend app~oval of Ordinance No, 66-91 on first reading. P~ifAd~5-0 ~ 'II - ~r'-)I':" 'I "1. .~ f: . ,- -<"".-k/ - - - M E M 0 RAN DUM Iii" 2 0 ,vU TO: Robert Bar~:iJ\,~sistant City Manager/Comm, Servo FROM: Joseph saff~rd~~ector of Finance DATE 8-19-91 vl SUBJECT: PROPOSED COMMERCIAL AND RESIDENTIAL GARBAGE RATES I am recommending that the City Commission approve increasing (decreasing) the City's service fees for garbage and trash collection pursuant to the following. 1. Effective October 1, 1991, the Solid Waste Authority will begin assessing commercial parcels for a portion of the total disposal fee, The balance will be paid at the landfill or transfer station at the rate of $37 per ton. The actual cost of disposal is -$90.85/ton. Residential customers will continue to pay the Solid Waste Authority for ALL of the disposal portion at an annual rate of $149. 2. The contract with Waste Management provides for an increase in the collection portion of the bill based on the change in the Consumer Price Index for the previous year; 6.1%. 3. Funding for the continuous bulk-trash pick-up program has been proportionally adjusted to incorporate the above. 4. The residential, curb-side recycling charge will be $1 , 99 pe r un it. This is an increase of 6.1% from the previous year. This rate is a component of the residential garbage rate. Effective October 1, 1991, Waste Management will begin billing commercial and multi-family customers for recycling. The rates have been set forth in Ordinance 48-91. A copy of the previous ordinance with the new rates indicated is attached and should be forwarded to the City Clerks Office for drafting and placing on the Agenda. cc: Jan Williams, Utility Billing Manager ";,, ORDINANCE NO. 66-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RATES AND CHARGES", SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR RESIDENTIAL SERVICE; TO PROVIDE FOR DECREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR COMMERCIAL SERVICE; TO PROVIDE FOR AN INCREASE IN THE FEE FOR RESIDENTIAL CUSTOMERS FOR RECYCLING SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", "Rates and Charges", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for garbage and trash service: (A) Charges for the below-described garbage and trash pickup service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Section 51-72 : (1) For those customers receiving Type A, roll-out cart service, the service charge shall be '22t02 $12.73 per month for garbage and trash pickup. However, the levy for "Tropic Palms and Palms of Delray" (known as Type F) shall be ,~t" $10.01 per month for garbage and trash pickup. (2) For those customers receiving Type B, rear-door/side- door service, the service charge shall be '20t22 $10.74 per month for garbage and trash pickup. However, the levy for the area bordered by N.W. 22nd Street on the north, Old Dixie Highway on the east, Lake Ida Road on the south and N.E. 2nd Avenue on the west (known as Type G) shall be '22t72 $13.47 per month for garbage and trash pickup. (3) For those customers receiving Type C, curbside, garbage and household trash in disposable containers service, the service charge shall be "tl~ $4,45 per month for garbage and household trash pickuP:--- (4) For those customers receiving Type D, curbside in owner's container (or for those customers who, by reason of disability, as certified by a doctor and previously approved by the city, are unable to place refuse containers on the street, and whose collection by the city or its contractor is thus pursuant to the Type B, rear-door/side-door service), the service charge shall be .sIes $8.57 per month for garbage and trash pickup. And the levy for the area bordered by . . S.W. lOth Street on the north, Federal Highway on the east, Linton Boulevard on the south and I-95 on the west (known as Type H) shall be $10165 $11,30 per month for garbage and trash pickup. NOTE: Residential customers shall be assessed a l~\\~ $1,99 per unit charge for recycling service (included in rates set forth above), The effective date for Type G and Type H rates will be January 1 , 1991. (B) Mechanical containers and commercial refuse container service, (1) For customers receiving Type E, mechanical containers and commercial refuse container service, the service charge shall be based upon the following for such garbage and trash services: Container Residential Commercial Size Mon'thly Monthly (Square Pickups Container Container Yard) Per Week Charge Charge (Collection (Collection Charge Only and Disposal Charge 2 1 $ 2il 30 $ U 46 3 1 39 TI U 66 4 1 III 50 123 84 6 1 U 70 lil0 120 8 1 ilZ 86 2H 153 2 2 U 59 UZ 92 3 2 77 aT UI 132 4 2 U 100 217 168 6 2 UZ 139 H0 240 8 2 163 171 466 306 2 3 il4 88 Uil 139 3 3 116 122 Zill3 198 4 3 143 151 370 251 6 3 Uil 209 540 360 8 3 245 257 700 459 2 4 Il2 118 264 185 3 4 IU 163 382 263 4 4 U0 201 H4 335 6 4 264 278 7U 480 8 4 32S 343 U3 612 2 5 140 147 32t 231 3 5 IU 203 477 329 4 5 23il 251 SIB 419 6 5 HZ 348 sn 600 8 5 407 429 IUS 765 2 6 US 177 3U 278 3 6 231 244 5J?, 395 4 6 Zill3 301 741 503 6 6 H7 418 1079 720 8 6 4n 515 un 918 (2) Multiple-family dwelling units containing five units or more shall use containers emptied by mechanical means, except as otherwise approved by the city because of lack of suitable space for a mechanical container or other good reason. . -2- Ord. No. 66-91 01,'" . (3) Commercial customers shall use mechanical containers and commercial refuse container service (Type E). Commercial customers shall include, but not be limited to, all office buildings, stores, filling stations, service establishments, light industry, schools, churches, clubs, lodges, motels, laundries, hotels, public buildings, food service, and lodging establishments. Commercial customers may use any of the following containers for accumulation of refuse: (a) Commercial refuse containers. The city shall require any commercial customer needing more than six refuse containers to use mechanical containers, if feasible. (b) Mechanical containers. (4) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the city or its contractors, and which are convenient for collection by the city or its contractors. (5) Containers emptied by mechanical means shall be provided by the city or its contractors. These containers shall be emptied on a schedule mutually agreed upon by the customer and the city or its contractors, but not less than one day a week nor more than six days a week. Maintenance of that container shall be as set forth in this chapter; however, the city's contractors shall not impose any separate or additional charges to customers or to the city for the rental or routine/regular maintenance of such containers that may be performed by the city's contractors. (6) Commercial customers needing less than six refuse containers, and those approved for this type of service by the city in advance because they lack a suitable location for a mechanical container shall also be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the city or its contractors and the customer. (C) The charges set forth above for mechanical containers and commercial refuse container service (Type E) shall accrue and be payable on the total capacity of the container whether or not it is full. Containers of the type and size designated by the city or provided by the city's contractors shall be used. Where more than one user is serviced by one container, the monthly charges shall be levied to each customer by dividing the total monthly cost by the number of customers using that container; however, in no event shall the monthly service charge be less than '28 $30 for residential dumpster service and '66 $46 for commercial dumpster service. The term "CUSTOMER" as employed herein is any person using the service or to whom the service is available. Even if the customer is different from the person who is actually billed for or pays for the service, the minimum monthly charge referred to above shall be calculated as to each customer. . -3- Ord. No. 66-91 . (D) Commercial Rates for Recycling Container Size Pick ups per Recycling Monthly (square yard) week Billing Rates 96 gal 1 $ 17 2 1 41 3 1 54 4 1 74 6 1 98 8 1 123 96 gal 2 26 2 2 62 3 2 81 4 2 115 6 2 161 8 2 206 96 gal 3 34 2 3 82 3 3 107 4 3 157 6 3 233 8 3 290 96 gal 4 43 2 4 103 3 4 134 4 4 198 6 4 286 8 4 373 96 gal 5 52 2 5 124 3 5 160 4 5 240 6 5 348 8 5 456 96 gal 6 61 2 6 145 3 6 186 4 6 282 6 6 410 8 6 539 (E) Multi-Family Rates for Recycling: Multi-family units which do not receive curbside recycling service shall be assessed a monthly charge of $I. 60 per unit which shall be billed by the contractor. Section 2. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be dec lared by. a court of competent jurisdiction to be invalid, such decision shall not affect the vaUdi ty of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading, and the changes set forth herein shall be applicable to all bills rendered on or after October 1, 1991. . -4- Ord. No. 66-91 ~ ;" . ------ ----- --- 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 . -5- Ord. No. 66-91 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FRON: ytJCI'I'Y MANAGER ,~ H SUBJECT: AGENDA ITEM # - MEETING OF SEPTEMBER 10, 1991 ORDINANCE NO. 67-91 DATE: September 6, 1991 This is a first reading of an ordinance amending the Code of Ordinances to provide for a decreased penalty charge for late payment of fees for utility services. This ordinance reduces the penalty charge from $10 to $5. In the event water use charges become delinquent and/or water services are discontinued by the City, said services shall not be restored until all delinquent charges plus the penalty for late payment and shut off and reconnection charges are paid in full. Recommend approval of Ordinance No. 67-91 on first reading. ;9~ c# fD- ~ of 'ILe- em -5-0 ~ _u ~ ORDINANCE NO. 67-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 59-90, BY AMENDING SECTION 52.39, "OTHER FEES" , AND SECTION 52.52, "RESUMING SERVICE AFTER DISCONTINUANCE FOR DELINQUENCY", TO BE CODIFIED IN THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE THAT A PENALTY SHALL BE ASSESSED IF PAYMENT IS DELINQUENT AND/OR WHEN SERVICES ARE DISCONTINUED BY THE CITY AS A RESULT OF SUCH DELINQUENCY; PROVIDING FOR A DECREASED PENALTY AMOUNT; PROVL:: .NG 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, TO READ AS FOLLOWS: Section 1. That Section 9 of Ordinance No. 59-90, Section 52.39. "Other Fees" , to be codified in the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by adding a new subsection (D) to read as follows: (D) Late Payment. In the event water use charqes become delinquent and/or water services are discontinued by the City, said services shall not be restored until all delinquent charqes plus a five dollar ($5.00) penalty for late payment and shut off and reconnect ion charqes are paid in full. Section 2. That Section 10 of Ordinance 59-90, Section 52.52, "Resuming Service After Discontinuance for Delinquency", to be codif ied in the Code of Ordinances of the City of De1ray Beach, Florida, is hereby amended by amending subsection (A) to read as follows: (A) In the event the water use charges against it become delinquent and lor said services are discontinued by the City as herein provided, said services shall not be restored until all delinquent charges plus a-ten-doH:ar fSi9.99t five dollar ($5.00) penalty for late payment and shutof and reconnect ion charges are paid in full. An additional quarantee-of-payment deposit shall be required so that the actual deposit held by the City shall be equal to twice the amount of the current quarantee-of- payment schedule as set forth in Section 52.33. However, the City shall not refuse to accept an application for water service or to open a separate water service account because of an outstanding delinquent bill on the subject property which was not incurred by the applicant. 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 ordlna'nce 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, after its passage on second and final reading, shall become effective october 1, 1991. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1991. MAY 0 R ATTEST: city Clerk First Reading Second Reading 2 ! ORO. NO. 67-9l . . M E M 0 RAN DUM TO: FROM: Joseph tor of Finance DATE 9-6-91 SUBJECT: REVISION OF ORDINANCE #59-90 Utility Bill-Late Payment Penalty Revision Attached is a draft revising the language of Ordinance 59-90 to clarify the time when a late payment penalty is imposed on delinquent utility bills and to reduce the amount to $5.00 from $10.00. I recommend that the amount be changed due to the volume of customer complaints and the fact that a $5.00 penalty is comparable to other municipalities and other utility companies. ~ Ii' (i L' /f)/{ j-iJ.l...~t'~- . 8/12/91 c: Commission C';"'\~)U_J.A 1;,(01 _~ r--. , ,- r, lj'i)(y.'~I'-'\ . - City Manager !')n'j",,- :,",-ci'(\ViC\\JJ . . -~ l I \.J -:'1 ~:::::/ Davl.d Kovacs --~ :q(: 1 2 RAB : mId IJJ ' Palm Beach County MUNICIPAL;t~~~ltEON_. P.O. BOX 1989, GOVERNMENTAL CENTER. WEST PALM BEACH, FLORIDA 33402 (407) 355-4~54 . -:'~ .,,"',. ,", '. .' ,'0, August 9, 1991 --' 0 ,,',.i:'] I ,.;-;0\ '. \ " ' . .' \ -' . . ...(~~~ Commissioner Karen Marcus, Chair " I. \ Palm Beach County Board of County Commissioners ,.<'r'<""'''' P.o. Box 1989 West Palm Beach, FL 33401 Dear Commissioner Marcus: When the Board of Directors of the Palm Beach County Municipal League held its regular board meeting on August 7, 1991, we were introduced to the latest draft ordinance of the Board of County Commissioners amending Article VII of the Palm Beach County Chart'er, which is the authority of the Countywide Planning Council. Our Board's reaction to this latest draft could best be described as ndeeply distressed, honestly disappointed, and resolutely discouraged." Our distres~ is caused by the insistence of the Board of County Commissioners that this.Charter revision be placed on the ballot even though hundreds of hours of dialogue and discussion have been concluded, thousands of taxpayer dollars have been spent and we have succeeded in resolving differences of policy perspective within the structure of the current Charter provisions. We are extremel~ disappointed in this action especially in view of the compromise reached by all local governments, (including the County) providing for transmittal of the proposed Countywide Future Land Use Element (CFLUE) to the Department of Community Affairs (DCA) in late July 1991. The Municipal League's Board is discouraged because our stated goals of improving communication and relations with County government would be severely jeopardized if the significant and far reaching changes proposed to Article VII by this draft ordinance are adopted. It is our collective opiniori that the current Article VII should be given a chance to succeed. We were promised publicly by the Board of County Commissioners at a workshop meeting held April 30, 1991 and at a regular meeting of the County Commission in June that we would be allowed ample opportunity to discuss this important issue prior to its adoption; yet the agenda item summary prepared by your staff dated June 11, 1991 seems to indicate that the Board of County Commissioners has already conceptually approved the changes embodied in this ordinance. "" .- ~--- - 1"3 u Ill'" ~ . . . - Commissioner Karen Marcus August 9, 1991 Page 2 . This statement is quite interesting since there were significant revisions made to the proposal in the period of time between April 30 and June 11; yet the item was not on any workshop or regular agenda for discussion during that time. Is your workshop regarding this issue currently set for September 24, 1991 our "opportunity" to provide input or has this decision already been made? I have enclosed several exhibits for your review regarding Municipal League staff comments. Thank you for your consideration and interest in intergovernmental cooperation. Sincerely, ( ~ Michael Martino, President Palm Beach County Municipal League wn/mb cc: Palm Beach County Municipal Mayors Countywide Planning Council Members Carmen Annunziato, Planning Council Executive Director Jan Winters, Palm Beach County Administrator Barbara Alterman, Assistant County Attorney .- -..-- ~ ,U CM's Calendar Packet to Dave Kovacs for input Palm Beach County MUNICIPAL lEAGUE P.O. BOX 1989, GOVERNMENTAL CENTER, WEST PALM BEACH, FLORIDA 33402 (407) 355-4484 MEMORANDUM RECEIVED AUf' " () 91991 All City Managers CITY MANAGER'S OFFICE TO: FR: Jack Horniman, Palm Beach County Municipal L~ Executive Director DT: August 7, 1991 RE: Comments on Latest Proposed Charter Revisions to Article , VII - Countywide Planning Council - Submitted by Palm Beach County for a March 10, 1992 Referendum --------------------------------------------- --------------------------------------------- Please find attached the latest proposed charter revisions to Article VII Countywide Planning Council (Ordinance #91- ) as proposed by Palm Beach County and the League's memorandum provided to Barbara Alterman, Assistant County Attorney regarding the League's Comments on these proposed revisions. These are transmitted for your information and comments. The County has set a workshop on this matter at its September 24, 1991 meeting at 4:00 p.m. in the County Commission Chambers. This is an extremely important matter and all cities are urged to attend the September 24th workshop so that they may express their comments regarding this important matter. Also the League requests that each city place this item on their Council/Commission agenda as a Municipal League item for discussion at their next meeting. If you have any questions regarding this matter, please contact this office. Thank you. ~~<<;m' 11 ",l1E1D) , /1'" ^' 'J" f!" .,'t~\~!;"J"" \Yi ~ '(~: l~ \99\ ',".. \,...j: :~,~ U ..., .~.' ' ; . ~t) '" - IJull1l Ueuell Cuullty MUNICIIJJ\L L~I\CU~ P.O. BUX '989. GOVERUMENT^l CENt ER. WEST PALM BEACII, rWfltu^ 33"02 (407135~4S4 M E M 0 RAN 0 U M -- TO: BARBARA ALTERMAN, ASSISTANT COUNTY ATTORNEY . FROM: JACK L. HORNIMAN, INTERIM EXECUTIVE DIRECTOR PALM BEACH COUNTY MUNICIPAL LEAGUE DATE: AUGUST 7, 1991 RE: COMMENTS ON LATEST PROPOSED CHARTER REVISIONS TO ARTICLE VI I - COUNTYWI DE PLANNI NG COUNCI L - SUBM ITTED BY PALM BEACH COUNTY FOR A MARCH 10, 1992, REFERENDUM - COUNTY ORDINANCE ATTACHED Earlier this year, on April 26, 1991, I submitted a six ( 6 ) page memorandum commenting on the Charter revisions proposed by Palm Beach County which were embodied in a draft dated April 22, 1991. Since that date, there have been additional revisions proposed to Carmen Annunziato, Executive Director of the Palm Beach County Planning Council. The latest draft is in the form of an ordinance calling for a March 10, 1992 Referendum which was submitted to the League for review. Thus, with regard to the latest proposed revisions to Arti- cle VII of the Palm Beach County Charter pertaining to the Coun- tywide Planning Council, the Palm Beach County Municipal League offers the following comments: The changes proposed to Article VII of the Palm Beach County Charter which created the Countywide Planning Council although revised, are sti~l far reaching and significant. These revisions clearly indicate that the power to make municipal appointments to the Countywide Planning Council would be taken from the Municipal League and assumed by the Board of County Commissioners. In view of the compromise reached by all local governments, (including the County), and the Planning Council in transmitting the pro- posed CFLUE to DCA on or ab ou t July 22, 1991 th es e extensive revisions are entirely unnecessary. It is the League's position that since many exhaustive hours have been spent working through our differences within the framework of the current Charter, the process should be allowed an opportunity to work. Creating a new process such as is being proposed could have an extremely divi- sive and damaging effect on City - County relationships. Com- ments on the specific sections are as follows: ~ ," . Barbara Alterman, Assistant County Attorney August 7, 1991 Page 2 Sec. 7. 1 - No objection to the change in the title of the Council to "Cou nt yw ide" Planning Council as opposed to County Council. Sec. 7.2 - Purpose. The League objects to the word "imple- mentation" to be included in the purpose section as the Planning Council is identified as a Local Planning Agency under Section 7.14. As such, the Planning Council is strictly advisory and has no implementation powers. The Board 0 f County Commissioners is the local government charged with the responsibilities of imple- mentation. Sec. 7.3 Definitions ( 1 ) The manner in which the "Countywide Future Land Use Element" has been defined herein is extremely misleading. If goals, objectives and policies which are requirements for other comprehensive plan elements may be included in the CFLUE, then this "element" becomes much more than a "Future Land Use Element" which was not the intent of the authority as originally granted by the Charter. This definition goes well be yo nd and is not consistent with definitions established under Chapter 163 and Rule 9J-S, F.A.C. (2 ) "Countywide Issues" should be defined as those issues which impact on at least a majority plus one of all local govern- me nt s . To de fine "Countywide Issues" as th os e issues which "impact more than one local government" would mean that every "II identified" would be a "Countywide Is sue" . This was not the intent or purpose of the Countywide Planning Council function. ( 3 ) The South Florida Water Management District, the Palm Beach County School Board and special districts as defined in Chapter 218, FI.S. have no land planning responsibilities and certainly should not be included as "governments" in the context of Land Use Planning. Since we are governed by the Local Govern- ment Comprehensive Planning and Land Development Regulation act, Chapter 163, Florida Statutes, the definition of local govern- ments should be the same as set forth therein at Section 163.314(12), F.S. It is confusing and superfluous to include a definition of "government" and another one for "local government". ( 4 ) No objection to the definition of "Local Government" - but the definition of "Governments" shou ld be deleted as the entities listed therein have no land planning authority and that authority is the subject of Article VII. ~ ," ; Barbara Alterman, Assistant County Attorney August 7, 1991 Page 3 (5) Interjurisdictional Incompati~ilities - The League objects to the term "related element" because this goes beyond a Fu tu re Land Use Element and if the Planning Council is truly creating solely a "f ut ure land use el emen t" , these "related elements" should be unnecessary. (a) The term "adjacent local government" should be used if we are actually dealing with a Future Land Use Element. When utilizing land use planning techniques, local governments only have influence on those whose boundaries they touch unless a true "Countywide" problem is created which would affect a majority plus one of all local governments within the County. (b) No objection. (c) This definition is overbroad and should be deleted. Almost anything could be placed under this category as "creating potential adverse impacts on another local government". (d) Same comment as noted above in Subparagraph (a) . Sec. 7.4 Membership (a) The League has no objection to this revision. (b) The League strongly objects to both the language found in the proposed ordinance and the "alternative" proposal regard- ing membership attached at the end of the ordinance. Under both proposals, the Board of County Commissioners will appoint all the members of the Planning Council except for the School Board representative and the South Florida Water Management District representative. Either method proposed for appointments would effectively deny municipal representation in the appo in tmen t process. Since the Planning Council will make significant deci- sions regarding land use planning within all municipalities as well as within the unincorporated area, it is essential that the Planning Council be composed of diversified, professional, knowl- edgeable members chosen by the various local governments who will be affected by the decisions of the Council. (c) No change. (d) No change. (e) This paragraph should be deleted in its entirety. Making the appointments effective only upon approval by the Board of County Commissioners can create a problem where there are not sufficient members for the Planning Council to fulfill its pur- pose effectively. Further, the County should not have approval powers over the appointments made by the School Board, the ,.. -- Barbara Alterman, Assistant County Attorney August 7, 1991 Page 4 . South Florida Water Management District and/or any other appoint- ing entity; otherwise, the process loses its objective aspect. The municipalities should not be denied appointment powers when they will be significantly affected by this Council and when a greater percentage of the population Ii ves wi thin municipal boundaries. If each of these "governments" and/or special dis- tricts has appointment powers, then they should be able to ap- point whomever they choose to this Council. A sentence should be substituted for this section which states that all appointments shall be effective with full voting powers immediately upon appointment by the appointing entity. (f) No objection to deletion of this entire paragraph. Sec. 7.5 Vacancies Al though the language inserted in this section is more reasonable and objective than that proposed in the April 22, 1991 draft, it is still unnecessary. Any appointing entity should be able to remove and replace any of its appointees at any time for any reason it deems appropriate. T~e language stricken is not objectionable as it is included earlier in this Section. Sec. 7.6 Terms of Office - Object to this change as it relates to method of appointment. No change necessary. Sec. 7.7 Administration - The League has no objections to the revisions. Sec. 7.8 (a) Once again, the League objects to the term "related elements" as these are beyond the scope of the Planning Council's authority which extends to the creation of a Future Land Use Element. Further, the League objects to the deletion of the term "composite plan" as the "Countywide Future Land Use Element" was supposed to be a representation of the land use elements of all local governments with the interjurisdictional incompatibilities identified and resolved. If the term "compos- ite plan" is deleted, the Planning Council would be effectively ignoring the previous efforts of all local governments in Palm Beach County. The perception of the cities as to what this "Future Land Use Element" was originally to represent would be greatly distorted. The "CFLUE" should be representative of all local government land use elements and not an element to be arbitrarily and subjectively created by yet another governmental entity. The League also objects to the last sentence of subpara- graph (a), because the language indicates that the goals, objec- tives, policies and performance standards would be utilized for certification of already adopted local government future land use elements. This indicates that these goals, objectives, policies and performance standards could be utilized retroactively. The ~ '" . Barbara Alterman, Assistant County Attorney August 7, 1991 Page 5 Planning Council and the currently transmitted CFLUE indicate that none of these goals, objectives, policies, or performance standards would be used retroactivel y. This issue should be clarified. Local governments' land planning efforts should be utilized; not ignored, rejected, and superceded. (b) No objections. Sec. 7.9 - Effective Date The League has no objections to the deletion of this Section as it is incl uded under Sect ion 7. 10 (g) ; however, it would appear to be easier to find in a separate section. Sec. 7.9 - (as revised) - Evaluation and Appraisal Report. The League has no objection to the revision in this section. Sec. 7.10 (as revised) - Certification process. (a) No objections. (b) No objections. (c) Why is a 2/3 majority necessary to exempt certain local government's land use elements? (d) No objections, but unnecessary. (e) This subsection should be clarified. De-certification of an element or portion of an element would only occur if the inconsistent amendment were actually adopted by the local govern- ment, NOT simply proposed. ( f) This section is unclear. It refers to local government agreements pursuant to subsection (c) ; however, subsection (c) does not mention "local government agreements" . Subsection ec) simply refers to the Planning Council voting to exempt certain plans. (g) The League believes this item would be better placed under its former Section "Effective Date" for simplification and ease in locating this portion. Sec. 7.11 (as revised) - Amendments. No objection to these revisions. ~ ." ".,. Barbara Alterman, Assistant County Attorney August 7, 1991 Page 6 Sec. 7.12 (as revised) - Consistency Requirements. Internal consistency is required under state law. The Planning Council has no authority over Land Development Regula- tions. The League objects to the inclusion of the term "all land development regulations". Sec. 7.13 (as revised) - Planning Council as Local Planning Agency. The League objects to the additional language indicating that the Planning Council has authority over implementation of the plans. This is properly in the hands of the local govern- ments. The League further objects to the language indicating that the Planning Council shall have review authority over land use elements, related elements, amendments and all local govern- ment proposed land development regulations relating to the CFLUE and its implementation. This gives the Planning Council author- ity over all zoning, rezoning, variances, etc. Sec. 7.14 (as revised) - Funding. The league has no objections to this revision. Sec. 7.15 (as revised) - Contracts, Gifts and Grants. No change. Sec. 7.16 (as revised) - Legal Rights. No change. Sec. 7.17 (as revised) - Prevalence over Municipal Ordi- nances. The League objects to the additional language included herein as unnecessary, vague, over broad and undefinable. Sec. 7.18 (as revised) - Effective Date of Amendments. In accordance with the law, the only way the Charter may be amended is by referendum so this additional language is superflu- ous. Sec. 7.19 (as revised) - Repeal Provision. ".., Barbara Alterman, Assistant County Attorney August 7, 1991 Page 7 The League objects to the revision of this Sect ion. The only way a referendum can be placed on the ballot is if the Board of County Commissioners so pI ac es it or if the ci ti zens go through the onerous and burdensome task of collecting the requi- site number of signatures on a petition. The repeal provision was a spec if ic clause pI ac ed in the Charter after extensive discussions when the Planning Council was originally being formu- lated and was included to ensure accountability of the Planning Council and to track its effectiveness in fulfilling its purpose. The repeal provision as written, is illusory. Sec. 7.20 (as revised) Geographic Exceptions to the Adopted Level of Service. Comments reserved. With re ga rd to the revi sed proposed ballot language the League offers the following comments: The term "a ff irm" in this ba 11 ot language is even more misleading now in view of the recent revisions to the CFLUE, as all local governments now agree that .the transmitted CFLUE meets current charter authority; thus there is no need to "affirm" this authority. However, the proposed Charter revisions certainly do grant addi ti onal powers to the Planning Council as it is no longer limited to preparing a Future Land Use Element pursuant to Cpo 163, F.S. and it is not limited to utilizing a composite of all local government plans. The change in methods of appointing members to the Council is significant and should be presented in a clearer manner than simply including the words "change appoint- ing body". The repeal provision is illusory, as written. If the voters of this County are supposed to understand the proposed 12 page ordinance by reading ~he ballot language, then it should be made clear exactly what this ordinance will really authorize. The voters should be clearly informed. The original position of the League regarding Article VII remains the same. We feel that extensive revisions are unneces- sa ry , es peci ally wi th the agreement reached on the recently transmitted CFLUE. However, if the County insists on revisions to Article VII, the proposed Charter revision language as pro- posed by the Municipal league in its memorandum to Barbara Alter- man dated April 26, 1991 still accurately represents our posi- tion on this issue. TJW:blp ~ ,'j . I I i , . 1 ORDINANCB NO. 91- 2 i 3 i 4 AN ORDINANCB OP THE BOARD OP COUNTY COMMISSIONERS I 5 OP PALM BEACH COUNTY, FLORIDA, PROVIDING FOR I 6 AMENDMENTS TO ARTICLE VII, COUNTYWIDB PLANNING I 7 COUNCIL OP THE CHARTER OP PALM BEACH COUNTY; I 8 PROVIDING FOR A TITLE; PROVIDING FOR THE ADOPTION , 9 OF AMENDMENTS TO THE CHARTER; PROVIDING FOR A I 10 MARCH 10, 1992 REFERENDUM; PROVIDING POR BALLOT \ 11 LANGUAGE; PROVIDING FOR PORK OF NOTICE; PROVIDING I 12 FOR ADOPTION BY AFFIRMATIVE VOTE OF FOUR MEMBERS I 13 OF THE BOARD OP COUNTY COMMISSIONERS; PROVIDING I 14 FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE 15 CHARTER OF PALM BEACH COUNTY, FLORIDA; PROVIDING - I 16 FOR EFFECTIVE DATE. I 17 I 18 WHEREAS, section 1 (c), Article VIII of the Constitution of 19 the State of Florida provides that by general law, a county 20 government may be established by charter; and , 21 WHEREAS, the voters of Palm Beach County did adopt a 22 charter for Palm Beach County at the general election on 23 November 6, 1984, effective January 1, 1985; and I 24 WHEREAS, the voters of Palm Beach County did adopt Article , 25 VII of the Palm Beach County Charter at the general election on 26 November 4, 1986, establishing the countywide Planning council; I \ 27 and I 28 WHEREAS, the Palm Beach County Charter, section 6.3, 29 provides that the Board of County Commissioners may propose 30 charter amendments by ordinance subject to approval of the 1 31 amendments by referendum; and I 32 WHEREAS, the Board of County Commissioners has proposed 33 amendments to Article VII of the Charter which would clarify 34 the scope and authority of the Countywide Planning Council 35 while affirming the position taken by the council; and 36 WHEREAS, the Board of County Commissioners is desirous of 37 appointing municipal members directly while not changing the 38 municipal balance on the council; and 39 WHEREAS, the Board of County Commissioners has proposed I 40 amendments to Article VII of the Charter which would provide I I 1 , independence and certain financial procedures of I 41 for greater I I 42 the Council and thus provide better land use planning for Palm I I ! 43 Beach County; and 44 WHEREAS, adoption of this ordinance will allow the I 45 electors of Palm Beach County to adopt or reject the proposed I ! ! 01" .' II t . /J1~/t'// 1 charter amendments at a referendum to be held ~ptcmb8r ~~, ! 2 -1-991-. /1'1-- i I , 3 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 4 COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, THAT: I 5 section 1. TITLB: I : 6 This ordinance may be cited as the "Countywide Planning 7 Council Amendments Ordinance". I , I 8 section 2. ADOPTION OF AMBNDMBNTS OF PALM BBACH COUNTY , , I 9 FLORIDA. 1 10 I 11 Subject to the approval of the electorate as required by I I 12 the Constitution and Laws of Florida and section 6.3 of the I i 13 Palm Beach County Charter. the Charter of Palm Beach County. I 14 Article VII is herebv amended to read as follows: I . 15 ARTICLB VII. COUNTYWIDB PLANNING COUNCIL 16 Seo. 7.1. Creation of Palm Beach Count~ Planning Council. I I There is hereby created the Palm Beach countnide Planning i 17 , I 18 Council, hereinafter referred to.as the "planning Council." I 19 I 20 Sec. 7.2 Purpose. I 21 I 22 The Planning Council is hereby established as an I 23 independent entity to ensure the effective harmonious I 24 development and implementation of a countywide future land use I 25 ~ element, to coordinate the land use planning process of ! 26 all governments within the county and to establish a I 27 cooperative effort that will resolve, or more importantly, 28 prevent incompatibilities and conflicts among local I 29 government's land use planning efforts. Nothina contained in I ! 30 Article VII shall diminish or interfere with the independence i 31 of the Plannina Council as reasonably necessary to accomplish j 32 the purposes set forth in this section. I 33 34 Sec. 7.3 Definitions. 35 36 (1) CountYWide Future Land Use Blement. The land use 37 element reauired bv this Article. which shall meet or exceed 38 the minimum ap~licable requirements of F.S. Ch. 163 and which 39 may require that Cloals. objectives and policies that are 40 otherwise reauired by 9J-5. F.A.C. be included in other _. _--4- 41 comprehensive plan elements and which may include 90als. 42 objectives and policies addressinCl countYWide land use issues 43 which are not included in a local government's Comprehensive 44 Plan. 45 46 (2) Countywide issues. Those issues which impact more 47 than one local government. 48 .- 49 (3) Governments. Include local governmentCs). special 50 districts as defined in Chapter 218. Florida statutes. which 51 have land planninCl responsibilities. the South Florida Water 52 ManaClement District and the Palm Beach County School Board. 53 I 54 ~lfi Local government+~ Any county or municipality, as 55 II defined in Chapter 163, Florida statutes. 56 II 57 I! 2 I; I! II I! I "" . II . 'I . . . . 1 ~12l Interjurisdictional incompatibility shall be 2 defined as a potential implementation of a local government 3 future land use element or related element ptitft which eel:lld I I 4 impaot another looal ~overnment and whiohl , 5 6 (a) Creates a potential unplanned financial burden on 7 ono (1) or marc another local governmental cntitieB, I 8 or local aovernment8; or 9 10 (b) Creates ootential incompatible land uses, density 11 or intensity adjacent to one (1) or more local 12 government~ al cntiticGI or , 13 I 14 (c) Creates potential adverse~ impacts onc (1) or I 15 IfttH'e on another local governmental cntiticGl or local I 16 qovernments; or i 17 I 18 (d) Creates aft a Dotential excess demand on the , 19 infrastructure or natural resources of one (1) or : 20 IfttH'e another local governmental entities or local i 21 aovernments al entities. : 22 I 23 6. Related Elements. Those elements of Local I 24 Government's Comorehensive Plan which are ne~essarv to 25 demonstrate consistency with the Countywide Future Land Use 26 Element. 27 28 Sec. 7.4. Membership. 29 30 There shall be seventeen (17) members of the Planning 31 Council, all of whom reside in Palm Beach County: I 32 : I 33 (a) six (6) members shall be duly appointed by the Board I 34 of County Commissioners within ninety (90) d~yo i 35 of the effeotive date of this artiole (J~nu~ry 1, , 36 1987). One (1) appointee shall be a member of the I 37 board of county commissioners. Two (2) or more : 38 appointees may be members of the Board of County I 39 Commissioners, except that nothing contained herein 40 shall be construed to permit a majority of the Board 41 of county Commissioners to be so appointed. A 42 minimum of four (4) appointees shall reside in the 43 unincorporated area of Palm Beach County. 44 45 (b) Nine (9) members shall be duly appointed by 46 the Palm Beach County Municipal Le~gue, Ino. Board of 47 County Commissioners, in the following manner: Three 48 ~Two (2) members shall be appointed; one ( 1 ) 49 from each of the three (3) two (2) most populated I 50 municipalities in the county as determined by the 51 most recent estimates established pursuant to 52 section 186.901, Florida statutes. Any re 53 appointment of thooc members initi~lly appointed I 54 UDon the exoiration of the term or upon the creation i 55 of any vacancy as described in 7.5 herein below. an I 56 aDpointment from the three (3) two (2) m 0 s t. 57 populated municipalities shall be determined based I 58 upon the most recent population estimates as ! 59 established pursuant to section 186.901, Florida I 60 statutes. Appointments or reappointments made 61 pursuant to this section shall be made from 62 nominations received from the three (3) two (2) most 63 populated municipalities as described herein. The 64 I oix (6) seven (7) remaining at large appointments I 65 shall be made by the Palm Beach county Hunioip~l 66 I League, IRO. Board of County Commissioners. One 67 aooointment shall be made from each County 68 I Commission District bv nominations from the County 69 I 70 !I Ii , I !I 3 I I I , , I I . II - i I' .. II . ,I 1 Commissioner elected from that District. 2 No more than one (1) municipal appointee shall 3 represent- any single municipality. 4 5 (c) The Palm Beach County School Board shall appoint 6 one (1) of its members as a representative. 7 8 (d) The South Florida Water Management District shall 9 appoint one (1) of its members as a representative 10 i 11 (e) All appointees shall become effective UDon - 12 approval by the Board of County commissioners 13 ~unleos a majority of the board of oounty I 14 oommiooioners plus one (1) rejeotG the appointment 15 within thirty (30) dayo after reoeivin~ notice of 16 the appointment. Should an appointment nQ.t be ' 17 rcj eoted approved by the board of county i 18 commissioners, the appointing entity shall submit : 19 another name for ratifioation approval until all 20 positions are filled. I 21 I 22 (f) E:hould any appointinq entity not present the beard I 23 of oounty commiosioners its appointment for ! 24 ratifioation ~ithin ninety (90) days of the : 25 effeotive date of this artiole (January 1, 1987), I 26 then, in that e~ent, the Board of County I 27 Commio3ionero Ghall fill the pooition purouant to I 28 the requiremento of this section. 'I 29 30 Sec. 7.5 Vacancies. i 31 i 32 I Any appointing entity may remove and replace any of its i 33 appointees at any time for aood cause shown. includinq. but i 34 not limited to malfeasance. misfeasance or nonfeasance by I 35 majority vote of the appointing entity. The term of a 36 Dlannina council member shall become vacated UDon his death. ! 37 resiqnation. or removal from membership in the manner I 38 I Drescribed bv this Article. Vacancies shall be filled by the I 39 appointing entity in the manner described in Section 7.4 ' 40 herein. with ratifioation by the Board of County i 41 commissioners. 42 i 43 In the event appointments for filling a vacancy are not i 44 submitted to the county commission upon the expiration of a ! 45 term, the Planning Council shall notify the appointing entity , 46 that an appointment must be made within a sixty-day period : 47 from the time of notification. The former appointee shall : 48 serve until replaced. If an appointment is not made within : 49 the sixty-day period, then the Planning Council, by majority I' 50 vote of all its members, shall make such appointments in 51 accordance with the criteria established in this section and i 52 submit them for ratification. The term of a planninq council I 53 member ahall become v;:l.cated upon hiD death, resignation, 54 forfeiture of membership, removal from mcmbership in any I 55 I manner prcscribed by la~. Cuch vacancy ohall bc filled in I 56 I the manncr dcscribed hcrein. , 57 : 58 I Sec. 7.6. Terms of Office. : 59 I 60 Members shall be appointed for a term of three (3) years 61 after the initial staggered appointments. The staggered 62 appointments are as follows: 63 64 I The South Florida Water Management District member, 65 I two (2) County Commissioner appointees, three (3) 66 I Municipal League appointees, including one (1) of the 67 thrcc (3) two (2) most-populated municipality 68 appointees shall be appointed for three (3) years. 69 J The school Board member, two (2) County Commissioner 70 I appointees, and three (3) Municipal Le;:l.guc appointees, ! 4 , ! i I ,i I I I 1 including one (1) of the three (3) two (2) most- 2 populated municipality appointees shall be initially 3 appointed for two (2) years. The remaining appointees : 4 shall initially serve one-year terms. ' 5 I 6 Bee. 7.7. Administration. : 7 8 (a) The Planning council shall employ an Executive : 9 ,Director who shall hire such other administrative, I 10 professional, expert and clerical assistance as are necessary I 11 to carry out the duties authorized by this Charter and as I 12 provided for in the Planning council's adopted budget. I 13 . 14 (b) The Planning Council shall adopt reasonable rules &f. I 15 procedure to govern the conduct of its meetingsL aftd the 16 performance of its duties. I 17 I 18 1...gl Books of account shall be kept by the Planninq , 19 Councilor its desiqnated assistants and the Planning Council I 20 shall have the sole obliqation to ore-audit any funds I 21 aooropriated bY the Board of County Commissioners to the 22 Planning Council. 23 24 i9l within ten (10) days after the eXDiration of each 25 quarter annual oeriod. the Countywide Planning Council shall 26 cause to be prepared a financial reDort which shall include 27 the following: 28 29 ~ The total expenditures of the Planning 30 Council for the auarter annual Deriod: 31 I 32 ~ The total receipts of the Planninq 33 Council for the auarter annual oeriod: , 34 , 35 I h A statement of the funds the Planninq 36 I Council has on hand or in banks at the 37 end of the quarter annual Deriod. I 38 \ 39 ~ The Planninq Council shall conduct such studies and 40 Dre~are reports as necessary to achieve the purposes of this 41 article. 42 43 Bee. 7.8. preparation and adoption procedures. 44 45 1.Al Each local government in Palm Beach county shall 46 upon request, furnish the Planning Council with its current 47 adopted comprehensive plan. The Planning Council shall then 48 make a compooite of land uoe plans received and ohall analyze 49 the local qovernment future land use element and related 50 elements oompooite plana for potential interjurisdictional -- 51 incompatibilities as defined herein and shall so advice the 52 affected local government~ of its findings. All loeal , 1 't; , 'a' t;' 1 53 governmenta to be affeoted by potent1a 1n erJur10 10 10fta 54 incompatibilitiea ao defined herein ahall be notified in 55 writing by the planning council as to the specific nature of 56 the potential interjurisdictional incompatibilities. The I 57 affected local governments shall be given an opportunity to I 58 respond in writing to the planning council regarding the \ 59 potential incompatibilities, and the Planning Council shall 60 consider and evaluate the merits of the responses. The 61 Planning Council shall then hold public hearings on the 62 compoaite plan, noting to, the public all potential 63 interjurisdictional incompatibilities identified in the future 64 land use element and related elements compoaitc of the land 65 U8e plana received from the local governments and the 66 responses received from the affected local governments. The 67 I Planning Council shall then prepare a proposed Countywide 68 ' Future Land Use Element, pursuant to chapter 163, Florida 69 statutes, considering the potential interjurisdictional 70 incompatibilities as identified in the oompo8ite plan and the I :, 5 I; 'I ! I I' : I : I ~ I " I I . I 1 j comments received at the public hearings. The Planning I I I 2 Council, in preparing the Countywide Future Land Use Element, , , '; 3 shall not modify the local government adooted land use element I ': ' 4 except to resolve or orevent Be limited to the eempeaite paft I " , 5 idontified aeeve, and shall only medify that compesite plaft .. j 6 wfteft potential interjurisdictional incompatibilities as I . 7 defined above. CKiBt The ~lanninG council is sDeeifieally 8 authorized to adoot goal.. ob1eetive.. Dolici.. and I , 9 oerformance standards for the ourposes of certification of 1 , 10 local Government future land use element. and related I I : I I 11 elements. I 12 I j 13 .ill. The Planning Council shall provide a draft of the 0 I , 14 , proposed Countywide Future Land Use Element to each local I 15 government and request written comments. If the Planning 1 16 Council concurs with the local governments comment.. it shall I \ 17 modify the proposed Countywide Future Land Use Element , . 18 accordingly. If the Planning Council does not concur with the I , 19 I local government, it shall then conduct public hearings on the 20 proposed countywide future land use element and shall 21 recommend for adoption by the Board of County Commissioners, 22 a Countywide Future Land Use Element pursuant to chapter 163, 23 Florida statutes. The Board of County Commissioners shall 24 adopt the Countywide Future Land Use Element prepared by the 25 Planning council by a majority vote of the entire commission. 26 A majority of the Board of County Commissioners plus one (1) 27 shall be required to make any amendment, addition or deletion 28 to the Countywide Land Use Element as recommended by the 29 Planning Council. The Board of County Commissioners, in 30 adopting the Countywide Land Use Elementl shall not establish 31 more intense land uses or higher. densities than provided for I I 32 by any local government's adopted land use element without the I 33 express consent of the local government. 34 i 35 The countTriide future land uoe clement ahall take effect 1 I 36 one (1) year from the date of adoption by the board of county I 37 coml!tisaionero and shall DC the adopted land use clement I 38 purauant to chapter 163, Florida statutes, fer each lecal 1 I go":el.-nment, unleaB the local fjovernment'a adopted plafl has i 39 I 40 been certified by the planniflq council aa conaiatent vith the 41 adopted countywiEie future land U3C elcment. If nay local I 42 government 'a plan i3 not certified ao consistent by the I 43 plannin! counoil, the countywide future land \lae elemeflt ahall 44 prevail. Where a local plan haa been certified, it chall 45 nerve a3 the countywide land U3e clement for that area. 46 47 In the event a future land use incompatibility has ariaen 48 bet\leen t\:o (2) or more local governments prior to the 49 effective date of thin article VII (January 1, 1987), and in 50 the event that ouch local qoveraments are then currently 51 litiqatiaq auch incompatibilitiea, the planniag couftcil ahall 52 Duspend a determinat.ion reqardinq oonsistency of t.hoae matt.era 53 in conflict bet~ecn auch local governmenta until such oonfliot 54 I has been recolved by litigat.ion, and a final order entered, I 55 follo....inq final appeal. llothinfj cont.ained herein shall 56 . . a t' t ' t' proh1b1t any local government from a op 1nq more res r1C 1ve i 57 land uaes t.han provided for by the countywide futur~ land use 58 clement. 59 60 Sec. 7."".2.. Evaluati~n and appraisal report. 61 - , 62 Not more than once every two (2) years, the planning 63 council shall prepare an evaluation and aooraisal report of 64 the adopted countywide future land use element pursuant to 65 chapter 163, Florida statutes. The evaluation and aooraisal 66 report shall identify the success and failure of the 67 countywide future land use element in oreventinq and resolvinq 68 ~ interiurisdietional revic..dng the land uae planning of all 69 i ' local govcrnment3 ~ithin the county and noting t.he 70 I I I 6 I I I i "'," . r 1 potentiality of incompatibilities &mona local qovernment'. 2 land use Dlanninq efforts. bet~een local ~evernment'B land 3 U13e plan13. 4 5 sec. 7.Ul0. Revicw certification Process. 6 7 The adopted Countywide Future Land Use Element shall be - 8 transmi tted to each local government. within a period of time : 9 specified by procedural rule, each local government shall, if 10 necessary, propose modifications to its Future Land Use 11 Element and related elements to make them consistent with the 12 adopted Countywide Future Land Use Element and transmit the 13 local Future Land Use element, related elements and any 14 proposed amendments to the Planning Council. The Planning 15 Council shall review, within a period of time specified by i 16 procedural rule, submitted local elements, including proposed 1 17 amendments, if any, and determine whether or not they are j 18 consistent with the Countywide Future Land Use Element. 19 I 20 (a) If found to be consistent, the Planning Council j 21 shall certify the local Future Land Use Element 1 22 and related elements. If the elements I as i 23 certified included proposes amendments, the local I 24 government shall adopt those amendments pursuant I 25 to chapter 163, Florida statutes. The local I 26 government shall forward the adopted amendments 27 to the planning council within thirty (30) days. I 28 If the adopted local amendments are different I 29 from the proposed amendments which formed the 30 basis of the certification by the planning , I 31 council, the local elements shall be resubmitted 32 for certification. 33 34 (b) If found to be not consistent, the Planning Council I 35 shall identify inconsistencies and specify the 36 modifications to the local elements that are 37 necessary to made ~ them consistent. Upon being I 38 notified by the Planning Council that the local 39 elements are not consistent with the Countywide 40 Future Land Use Element, the local government may 41 then propose amendments to the Planning Council. 42 The Planning Council shall review the submitted 43 local Future Land Use Element and related elements I I 44 and proposed amendments within a period of time I 45 specified by procedural rule. Upon finding that 46 the proposed amendments to the local land \:lac 47 elements are consistent with the Countywide Future 48 Land Use Element, the Planning Council shall 49 certify same and the Drocedures of oaragraph (a) 50 shall apply. The looal fJovernment 13hull adopt 51 thoDe amendmento pur3uunt to Chapter 163, Florida 52 statuteD. The looal government ohall then forward 53 the adopted amendmento to the plunning counoil. , J 54 If the adopted local amendment3 are different from I , 55 the propoaed amendment a vhich formed the buai13 for 56 certification by the planning oouncil, the leml 57 clement13 ahall be rC3ubmitted for certification. i 58 If the Planning Council finds that the local 59 elements are still not consistent with the 60 Countywide Future Land Use Element, it shall I 61 identify such inconsistencies and specify the 62 modifications to the local elements that are 63 necessary to make it them consistent. The 64 provisions of this paragraph shall apply to all 65 subsequent proposed amendments transmitted to the 66 Planning Council in response to the 67 inconsistencies identified and modifications 68 I suggested by the planning Council in earlier , i 69 : I reviews. 70 i I ! I I' II 7 II I II , ! 'I'" II ! I II 1 12.1. The Planning Council mav exempt or limit the review 2 of a local government's Future Land Use and 3 related elements if a two-thirds maioritv of the 4 Planning Council find that due to the particular 5 circumstances of the local crovernment. no 6 sicrnificant interjurisdictional incompatibilities 7 reasonably will be created. The Plannincr Council 8 shall adoot criteria by rule to determine the 9 circumstances under whicb an exemotion or limited 10 review mav apply. : 11 12 .un All amendments to local government future land use 13 or related elements shall be reviewed and 14 certified in accordance with the initial review 15 orocess described in oaragraohs (a). (b). and (c) 16 herein. 17 , I 18 .uu. If amendments cause such elements to be ! 19 inconsistent with the Countywide Future Land Use i 20 Element. then the aoolicable oortion of such I 21 amendments or elements shall be decertified bv the 22 Plannincr Council. I I 23 i 24 ill If a local crovernment is in default under a local I 25 crovernment agreement oursuant to oaragraph c. then 26 the Planning Council may decertify the aoplicabl. I 27 oortion of the local crovernment Future Land US. or I 28 related elements. I 29 I 30 1.9.l The countywide Future Land Use element shall take I 31 effect one (1) year from the date of adootion bY 32 the Board of County Commissioners and shall be the i I 33 adooted land use element oursuant to chaoter 163. I 34 Florida statutes. for local government. unless the' 35 local crovernment's adopted Future Land Use Element i I 36 and related elements have been certified bY the ! 37 olannincr council as consistent with the adooted ; 38 Countywide Future Land Use Element or the local , 39 qovernment has entered an acrreement with tbe i 40 Plannincr Council to amend its plan in accordance I , 41 with an acrreed to time frame. If any local I 42 crovernment's adooted Future Land Use Element and 43 related elements or amendments thereto are not i 44 certified as consistent bY the Planning council. I -- 45 the applicable oortion of the Countywide Future i 46 Land Use Element shall orevail. Where a local \ 47 Future Land Use Element and related elements or I 48 amendments hereto have been certified. the local 49 government Future Land Use Element shall serve as I ! 50 the CountyWide Land Use Element for that local I 51 government. Nothincr contained herein shall i 52 prohibit any local crovernment from adootincr more I 53 restrictive land than orovided for bv the , uses , 54 Countywide Future Land Use Element. ! 55 56 8ec.7-1-2-11. Amendments. 57 58 Amendments to the adopted Countywide Future Land Use 59 Element shall be initiated only by a local government or the 60 Planning Council. Any amendment initiated by the Planning I 61 Council shall be based on the evaluation and appraisal report. 62 These amendments shall be adopted by the Board of County 63 Commissioners in the same manner as provided for in the 64 I original plan adoption. All amendments to the CountyWide 65 I Future Land Use Element initiated by a local government must 66 I be transmitted to the Board of County Commissioners with a 67 recommendation by the Planning Council. Any amendment 68 ,I proposed by a local government that is not recommended for 69 " approval by the Planning Council eaR may only be approved by 70 Ii a majority of the Board of County Commissioners plus one (1). 'I i I I' 8 ,I , , I: 'I , I I: ,I , I il." .,. I . . . 1 Sec. 7.y,..lh consistency Requirement. 2 I 3 All other rclated elements of the local government's I --\ 4 comprehensive plan shall be made consistent with the adopted 5 Countywide Land Use element, and all Land Develos>.ent I 6 Recrulations. all developments undertaken by and all actions i , taken in regard to development orders by governmental agencies 7 ; 8 shall be consistent with the adopted Countywide Future Land I 9 Use Element. 10 11 Sec. 7.-1-4.13. Planning Council as Local Planning I 12 Agency. ! 13 I I 14 The Planning Council shall be dcaiqnatca the local I 15 planning agency pursuant to chapter 163, Florida statutes, for 16 all local governments within Palm Beach County ~ for the 17 purposes of the Countywide Future Land Use Element and its 18 implementation. The local plannina aaency resoonsibilities 19 shall include. but not be limited to. review and comment on I 20 all local aovernment future land use elements. related 21 elements and amendments thereto and on all local aovernaent 22 prooosed land develooment requlations relatina to the 23 countywide Future Land Use Element and its imolementation. 24 expreooed within thio artiolc. Further, this section shall 25 not become effective until the Board of County Commissioners 26 has transmitted the orooosed . countywide future land use 27 element to the DeDartment of Community Affairs.planninq 28 oounoil hac prepared a prepocea eountY'.....iae future land llac 29 clement in aooordanoc with ocotien 7.8. 30 31 Sec. 7.~14. Funding. 32 33 The Planning Council shall annually adopt a budget and 34 submit it to the Board of County Commissioners. ' The Board of I 35 County Commissioners shall provide the funds requested by the 36 Planning Council unless a majority of the Board plus one (1) 37 rejects or modifies the proposed budget. The county shall 38 fund the Planning Council each year in an amount reasonably 39 sufficient to permit the Planning Council to accomplish its 40 responsibilities. The Clerk of the Board of County 41 Commissioners shall remit to the Plannina Council Treasurer bv I 42 October 31 of each fiscal year twenty-five ( 25%) Dercent of 43 the funds budgeted by the Board of County Commissioners. All 44 remaining funds budaeted for the fiscal year shall be remitted 45 bv the followina January 1. The Plannina Council shall not be 46 subject to the ore-aUditing review of the Clerk of the Circuit 47 Court. 48 . 49 Sec. 7.U1S. Contracts, Gifts and Grants. 50 51 The Planning Council may enter into contracts, perform 52 studies and may accept gifts, grants, and/or assistance from 53 federal, state or local governmental units or agencies for the I 54 conduct of its work and the realization of its objectives, 55 provided that no condition or limitation be attached, nor any I 56 conflict be generated inconsistent with its duties under this I 57 article. , I 58 59 Sec. 7.-H-16. Legal rights. 60 61 If a person, firm or corporation has, by actions in 62 reliance on prior regulations, obtained vested or other legal 63 rights that in law would have prevented a local government 64 from changing those regulations in a way adverse to interests, 65 then nothing in this Charter authorizes any governmental 66 agency to abridge those rights. Nothing in this section 67 authorizes any governmental agency to adopt a rule or 68 regulation or issue any order that is unduly restrictive or 69 II . 70 II II I 9 I II II , I I, I I . . I . 1 I constitutes a taking of property without the payment of full 2 'compensation, in violation of the Constitution of the state of - 3 Florida or of the united states. 4 5 Sec. 7.~~ Prevalence OVer Municipal Ordinances. 6 7 The countywide Land Use Element Ordinance adopted by the 8 Board of County Commissioners pursuant to chapter 163, Florida 9 statutes, and this article shall prevail over municipal land 10 use element ordinance as provided for in article 1, section 3 . 11 of this charter. The intent of this article is to provide 12 countywide uniformity which will best further the interests of 13 the citizens of Palm Beach County. and oromotes the quality of 14 life desired by the cd tizens of Palm Beach County. I This 15 article shall permit regulatory pre-emption, but shall never : 16 be interpreted by the Planning Councilor the Board of County , 17 commissioners as a transfer of functions of powers relating to ! 18 municipal services. 19 20 Sec. 7. 18. Effective Date of Amendments. 21 22 Amendments to this article of the Palm Beach County ; 23 Charter shall be effective as of the date of approval by a ! 24 majority of those electors in a dUlY called referendum. 25 I I 26 Sec. 7.19. Repeal Provision. ; 27 , 28 This article of the Palm Beach County Charter shall I 29 be repealed five (5) yeara from ita effective date (3anuary 1, t 30 1987), or upon a fivo year multiple thereafter if a majority 31 of local government!} in {'aIm Beach County, through their 32 governinq bodieo, by reoolution, Palm Beach County citizens 33 votinq in a dulY called referendum vote to repeal this 34 article~ ".dthin thirty (30) day a prior to the fifth year . 35 anniversary of the effective date or any oubsequent five year : 36 multiple of the anniversary of the effective date. ' 37 38 Sec. 7.20 Geographic Exceptions to the Adopted Level of . 39 Service. : 40 41 The Planning Council shall have the authority and 42 responsibility to review geographic exceptions to the adopted 43 level of service for collector and arterial roads which are 44 I not the responsibility of any municipality. Proposed 45 geographic exceptions may be initiated only by a local 46 government through the Planning Council. The Planning Council 47 shall consider the merits of any responses and shall hold a 48 public hearing regarding the proposed geographic exception. : 49 The recommendation of the Planning Council shall be forwarded 50 to the Board of County Commissioners. The proposed geographic I 51 exception may be adopted as an amendment to the countywide I 52 ordinance setting levels of service on major non-municipal I 53 roads and restricting the issuance of development orders I 54 referenced in section 1.3 of this Charter. A proposed 55 amendment with a positive recommendation may be adopted by a 56 majority of the Board of County Commissioners. A proposed 57 amendment which received negative recommendation by the 58 Planning Council may only be adopted by a majority-pIus-one 59 vote of the Board of County Commissioners. 60 61 section 3. Referendum: 62 63 I Pursuant to the applicable provisions of Chapters 100 and 64 1 125, Florida statutes, a referendum is hereby called and shall 65 i be held on March 10, 1992, at which time there shall be i 66 I I 10 I I I I I, I '. . I . 1 submitted to the electors of Palm Beach County, Florida, the , , 2 following question: I . 3 Countywide Planning Council. , 4 Shall the Palm Beach County Charter be amended to affirm I I 5 the authority exercised by the Palm Beach Countywide Planning 6 Council to adopt policies and performance standards which I I , ! 7 resolve and prevent countywide environmental, school, housing, , . I transportation, water conservation and protection, I 8 and other I i 9 'land use problems; clarify procedures for adoption and I 10 implementation of a Countywide Future Land Use Element and. 11 certification of local government plans; provide definitions; 12 change appointing body, an effective date, and revised repeal 13 provision. 14 YES I 15 NO I 16 section 4. Form of Notice: 17 The form of notice of the election by which this charter I 18 amendment shall be submitted to referendum shall contain the I 19 complete text of this ordinance setting forth the entire 20 proposed amendment as provided by law. ..J 21 section 5. AdoDtion bv Affirmative Vote of Four Members 22 of the Board of County commissioners: I 23 I 24 Pursuant to section 6.3 of. the Palm Beach county Charter, I ! 25 this ordinance providing for amendment to the Palm Beach 26 County Charter was adopted by an affirmative vote of four 27 members of the Board of County Commissioners of Palm Beach I 28 county. I 29 'Section 6. severability: ! clause, phrase, I 30 If any section, paragraph, sentence, or i 1 I 31 word of this ordinance is for any reason held by the court to I ; such holding shall I 32 be unconstitutional, inoperative or void, I 33 not affect the remainder of this ordinance. 34 section 7. Inclusion in the Charter of Palm Beach 1 35 County. Florida: 36 37 The provisions of the charter amendment hereby approved I I shall become and be made a part of the Charter of Palm Beach ! 38 I II 11 I' II I II i ., i I! I , 11 i " ".. . . 1 County, Florida, if approved by voters. The Article or . 2 sections of the charter amendment may be renumbered or 3 relettered to accomplish such, and the word "amendment" may be 4 changed to "section", "article", or any other appropriate 5 word. " f 6 section 8. Effective Date: I , ; I 7 The charter amendment shall become law when approved by I a majority of those electors voting on the matter. i 8 1 I 9 section 9. Automatic ReDeal If Not ADDroved: ! , 10 If this Charter Amendment is not approved by a majority ! 11 of those electors voting on the matter, this ordinance shall 12 be automatically repealed. t 13 APPROVED AND ADOPTED by the- Board of County Commissioners 14 of Palm Beach County, Florida on the day of , I 15 1991. I 16 PALM BEACH COUNTY, FLORIDA, 17 BY ITS BOARD OF COUNTY i 18 COMMISSIONERS i , 19 I I 20 By I 21 Chairman I 22 I 23 APPROVED AS TO FORM AND 24 LEGAL SUFFICIENCY 25 ! f 26 I 27 By 28 County Attorney I 29 30 I 31 Acknowledgement by the Department of State of the State I 32 of Florida, on this, the _ day of , 1991. 33 34 EFFECTIVE DATE: Acknowledgement from the Department of 35 state received on the day of , 1991, at 36 .m., and filed in the Office of the Clerk of the Board of 37 County Commissioners of Palm Beach county, Florida. 38 I I I I i I , , f II , I I I I I I I I J 12 ! I I ; t : , I , t : I I, ,I ".. - . ". . . A L T B R . A T I V B Seo. 7." Kembership. There shall be seventeen (17) members of the Planning Council, all of whom reside in Palm Beach County: (a) Six (6) Fifteen ilSl members shall be duly appointed by the Board of County Commissioners within ninety (90) days of the effective date of this article (January 1, 1987). ORe (1) Six i6l appointee~ shall be a member~ of the Board of County Commissioners. 'P\.oa ( 2 ) or more appaifttees may se memsers af the Beard ef County Commissieners, exeept that nethift! eefttaifted hercift ahall se eaftstraed te permit a majerity af the Board af Coaftty Cammissieners te se se appointcd. ~ minimum of foar (4) appeintees ahall rea ide ift the unincorporated area of Palm Beaeh Ceanty. (b) Nine (9) members shall be duly appointed by the Palm Palm Beach County K\1ftoipal LeatJl:l8, Ifte. Board of Countv Commissioners, in the following manner: Three (3) ~ 111 members shall be appointed; one (1) from each of the three (3) two (2) most populated municipalities in the county as determined by the most recent estimates established pursuant to section 186.901, Florida Statutes. Any re appeintlleftt af these Ilemscrs initially appaiftted. UDOD the ezoiratioll of the term or UQOIl the oreatioD of allY vacallcv as described in 7.5 hereill below. all apQoilltaellt from the three (3) two C2l most populated municipalities shall be determined based upon the most recent population estimates as established pursuant to section 186.901, Florida statutes. Appointments er reappeifttmeftta made pursuant o this section shall be made from nominations received from the t.hree (3) two (2l most populated municipalities as described herein. The six (6) seven 111 remaining at lar,e appointments shall be made by the Pal. Beach County HHftieipal Lea,ue, 1fte. Board of County Commissioners. One appointment shall be made trom each County Commission District bY nominations from the County Commissioner elected from that District. No more than one (1) municipal appointee shall represent any single municipality. All municipal appointees shall be elected officials of the municipality they reDresent. (c) The Palm Beach County School Board shall appoint one (1) of its members as a representative. (d) The South Florida Water Management District shall appoint one (1) of its members as a representative.. .. , 01'" , ~ . , .. . . " (e) All appointees shall become effective UDOD approval by the Board of County Commissioners ~uftleas a majority of the t3aard af e01:lftty eommissiofters p11:l9 ofte ( 1) rejeots the appoifttmeftt ~itftift thirty (39) daYB after reeeivift~ ftotiee of the appoifttmcftt. Should an appointment DQt be rejeetea aDproved by the board of county commissioners, the appointing entity shall submit another name for ratifieat.ioft aDcroval until all positions are filled. (f) Should any appointing entity not present the Board of County Commissioners its appointment for ratification within ninety (90) days of the effective date of this article (Jaft1:lary 1, 1987), then, in that event, the Board of County Commissioners shall fill the position pursuant to the requirements of this section. - "~$~' oS""" Sf< z~ 8.~ ~. ~ ~ nffio ~>c~~~~~~a~~-~~~~ _. rA :l - (t lii . ::r::r < c e: . (t ::r 0 ~ ::s ~ g: (S' ! ~ ~ Al ~ !:T~' (t ~ i :"~.g ~ ~ i1 s: = ~ i1(t_::r-~~(t~~o ~~ ~ ~ g.~~~~~~::soe.~~~~=coo~~ ~ 3 ltOO--N (I'.lC~~~ -3 ~~~ ca~~(t&~~rA(t::r::s~oo~8~-!- =r 3 ::s ~'3",r~ ~S'.g (t gl....~ aai~;;~ e.~;' . - ~ ~-oi~ ~ ::s -e:~ ~~_ gj ~~~ tD i ~::s tD ~ ~ ...; S' [:g 0 ~. ~ ~. ~ !I! ~ ~ ~ g =. g' g cr ~ er ~ ~ og e. ~ ii.i' 8 ;III':! :~ ~ ~ ::r :: ~ ~ ~ 5: a < ! tD ~'1. g. (I'.l ~ = e.lt Dl !-;. iil ~ rA t!. ~ ~ ~ ., ~....1lII III o.,<Q. ~ . ~S" ""~='C I ~ ~ r a 1;;' i ~ GIIQ ;;-.. n' n =r ::s 'C:1 & ~ - =~ ; ;.~~~ ~:lJ I rg~i~j"i fr~ ~~~ ~~~ Dlo~l~~-- (I'.lS' 3- ~::s ~ =3 ~~~a(l'.l~ ~~ o~ ~_ 1lII~~~ ~ - . 0 < ~ _., (I'.l .. ;; ~~o ~~~g(t!:T[-~::rtD~ ~i _~.,~ _. ~ i~ l:I.l ClAtD. ~<c tDO- rA ~ tD S' . ~ ~ s:' ::;':'. g. (t :;r Dl "S. ~ ~ J; ~ ~ ~ 'i ~!!.~'C ~o ~- 0 -g.~ tD:t ~,., ::r-- = S' ~ ~., 8 < :::- s' ~ ~~ ::0: ~ 0 0 lB i ;.; e. ~ tDo tD_ ::rl:l.l_::r~ ~~ __ I (JQ. (IJ. ,'''' " =' to. I t'D I ... Q. ~,<, ~ is::; ;'~ ~~~ iS~~~ ~~ q~ -:=3e:~~ ~i~!:=!li~~~~I~i~~liil~~~1 I ::r=~ =~~ .,~ -~",~.,~tD~~iDl~(I'.l~!_. ~ e, ~ g-tiQ'-: ~ !}; (t ~it ~ ~ g ~ !}; ~ ~ ~ iR ~ I =j'~ [- = -- ~- -(I'.l~::s~ - 3~ ~ ilt= 0 ~ -", 5'~(I'.l ::r-6'~'~ (I'.l::S ~ tD is e; ~o ~ ~~ ~ --i ~al= ::ro~~oli::r~~g-a~-g~ ~ 0 (I'.l' "g if ~ g; go ~ ~ 5 .... - . =- ~ .rA I>> ~ ~ ::r ~ ~ $;;' ~ -~i ~~~n~ .~::s~~ ~ n;,~~_ III [ ~ 0 ~ t;j. ~ ~ ~ ~ ~ n' I>> ~ ~ ffCIQ -- = ;' 6: ~~ =- ~ 0., tD ~"~~"5<g!- ~~::r~ S' s: 8 ~ ~ ~ ~ ~ .., ~ ~.~::s ~"=a. _ 5' - .~. ~ ~ &;.: _. S"CIQ ~ ~ 0 It lii .... ~ ~ ~ e:~ 8 0 !. ~ ~ t;j.;; tD = S' 0 = ~ .... ., ~ ~ 0 ~ ::s ~::s ~ I>> o 0 1jj ~ ~ 0 ~ ~., CIQ < ~ O. Q. I>> ~ ~ l!. i''C !:T ::s . ~.~ "t:l (I'.l - .... s: tD ::s ~ e ~ CIQ 'C ~ =- i : ~ ~ ~ i ~ ;f ~. 8. ~ ~. fog 8~.!it I g: E ~ ~ r [ ~~. -a~ "" .-.- 8.- -~ ~ ~ ~i ;"~ ~w~o:[~ as ij(E" ..., ~ ..., ~ =.,.... ~ er ~ ~ S" I>> ~ ~ ca 3 if $3 - . iia S' 0 ~., ~ !!.f 5 .. ~ == ~CIQ ,e S' i g ~ S" !i= ~ I>> ~ S" ~ ~ /' O'~~~o ~l!0 01>> ~ 000- ., - ~g "3"'C1>>~0~(I'.l=-1>> f1 .... -. ~ ~ c i~ ~ ~ 8 !- ~ S 8. ~ ~:: ' c- ::;. ~ 'i 0 = i I" ~ a 0 0 i Q. )> - ....1 ~ )< ~ tD~ ., I .a.= 3: 6::; ~ ~.'< S' ~ ~ I s: ~ ;1 m ~ =::3O~~~~'C ..~< lrOO ~ ~ 0' a ~ I>> = go a a if 5: Dl ef. ~~ = tD~o:n....o:ng, tD .,~O'C ::r ~ ~ (I'.l ~ ~. ~ I>> -- III ~ =1>> ir::3.~oS~ a' -~ iS3 ~ . 3~ [~ii't1=;:;: II>> (I'.l ~ ~ .... ~ 0 g ~ ::s ~c;; -~.gS'~~.,(Ila ~; .... o ::s - ~ & 'C ~ t:r ::r ... n = ~f€~=Cl=5'0~ o~ 0 =~tD _~ (I'.l r = ;III'~ ;III'=....O~I>> =::s tD-tD~ (Il= ~It) r 8S'a~~i.1jjI~ ~o: ...... "S'!:T~ ~~, e :5.[ [~ -. Dl~IJl~ ,'9- It) ~ It)~ ~(Il~~ ~3 !.~-~Q. 03-~ ~-~ ~ ~.~ c .... ~., .... ~ ::r (t _ ~ ~ ""., ~:i~~rm=I~=cii:i3if~I~'ii~l~ ~::r iil ~ = -~ 0 t;j.'g - ~ 0 ~ ::r::J" . ~ ~~tD..,=(I'.ltDo~~ ::s~!-8~-~OO'~~~~~ i- ~ 5: ~. ~ ~ S' ~ g 0 ~ 5 ~!:T:. 5 ~ [:g ~ s' ~ ~. S' go Jii' ~ ::r _ ~ 0 -~ ~ ~ - < tD (I'.l - ~ - (I'.l - CIQ pol. lrQ ~ iiJ tD ~ ., - ::r G') ~ _ tD ::r.... tD ~ -~ ::r (t ~ =,Q g ~ i e. ~ 0' l! ::s e: i1 Dl ~-ci g 5' g e tD ~ g:g ~ 8 ~ !:T~- e:~(ta"~l~~~~=i1C1Q~i~~~=~~ ~ ~ ~ g. _ ~ ....~ ~ ~ ~ ~ Al !" r ~ S' i ~ a: It _ Dl r.Il oo~ ar~(I'.l=oiil~g!~~i"io~~~_if~ ~ ~ ~ s: ~ ....;Q. II ~. ~ "t1 s: Ii1 g = c)' ~ ...; a ~. 1 a ~ :: ~ ~ ~ ~ i ~lrQ tD tt el '" (I'.l - ~ ~ ., g 0' ! 2 tD a ::r = > ., 5' ~ ~ - ::!. ~ ~ a' = c 8 .f g 06' is ~ ~ 3 0 a~ ~ rn.... ~ - ~ ~ 5 S'~ ~ ~ . tD s: e; J 'J ~ ~ 3 a r -~ 8' ~ ~ g ~r (I'.l ~::s ::t~(I'.l ~ I>> ~ ~ &;' ~ 3' ~ ~ ~. =r~'" ~. ;111'..... ~ ::: ~ ~ ~ ~ ~ 8 'i i!it ~ = ~ (t~ I>>tD~~ ~~ tD=~~ tD::s= n r.Il f~ i1~~a ~c ~~i~!:Ta~f-o ~o~ CIJ ~. -_ - __ ~.~. Q.Cl ..,~~ c: I>> [::s ~;; -!:T ~. - ;::! ~ ;S.~ _ I>> S' ~ ~ a (t ~ C ~ I g. ~ !~i~ if 9-~9~~ a~~=r ~?~ CIJ ~ (l) ;a ~g&~~'~ [ !~ = S' ~ tD~~tDe Q. !.~if"" -l 1!l.1f~1 <l ~..i ..... ::T c: .~ 8 ii' ~ ~ si~i~ '" fIl Q. . -I' . ['< Q."t1 III ~ ~ ~ n- ~ . &;.: 'Q. ., g,o ~ = CIJ sc-I ~~~s (l) 'tl os'Bo ~~~~ ~ CD ~ ~ 5 i ....a C 3 ~ ~ ~~ 5~ ~i ~i[.~.r '8gi~~~la~m ~ C' (l) '" i g ~ 3 a. ~ '> ., = ~ [.~ ~ 0. ir C ~ sa. a. f is: ~ ~ co co ~ f- (I'.l(tg.::r '.,'C-<o (I'.l~ (I'.l'C ::r ::s ~ ...... III 8 ~~ 0 - (t s: ....'C tD ~ cr a g ~ 0 - ~ q ~ ~11_.~ 'Bci(')-. 81>> !loo::r< ~ ... 1>>3- .. ::r C1QCIQ(t<o'" ~~ c~~~ ~ "Dl~ ::r5tDig_=tD3~ ~~=-=-~~ ~ ~ ~ ~ ~,~--_~a..~ 1>>1::r='~I~ (I'.l ~ ",,,