10-01-91 Workshop
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
WORKSHOP MEETING - OCTOBER 1, 1991 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
1- Development Proposal (Recreational Complex) southeast corner of
Congress Avenue and Lake Ida Road.
2. Sundy House Development.
3. Five-Year Plan of Capital Improvements.
4. Prioritization of future Workshop Agenda Items:
A. Eighth Street Marina.
B. Identification of Areas for Downzoning.
C. Method of Sending Public Notices.
D. Discussion with regard to fund raising events for Charitable
Organizations.
E. Code Enforcement Fines/Procedures.
5. Commission comments.
City Commission Documentation
Recreation & Entertainment Complex
Lake Ida Road & Congress Avenued
Page 2
3. Including contiguous City-owned land and providing for a
municipal tennis complex. Total land area would be 17.69
acres. A private-public participation is proposed. Please
see their letter of July 24 (copy attached) which was
directed to the Mayor and the City Commission.
Attachment:
* Three ( 3) letters of July 24th:
- to Harden, requesting the work session
- to Kovacs, initiating the rezoning to SAD
- to Mayor & City Commission, proposing a partnership
approach
* Three (3 ) concept plans
(A) minimal, 1st phase development under any scenario
(B) development without City participation
(C) development with City participation
DJK/#86/CCREC.TXT
""~
C ~_ ¿~ G RES S ASSOCIAT. ,
.)
July 24, 1991
Mr. David P. Harden, City Manager
C~ of Delray Beach
1 N. W. 1st Avenue
Delray Beach, Florida 33444
Re: C~ Tennis Center
S Rezoning Application
Congress Associates
Dear Mr. Harden:
Enclosed herewith is a letter to Mr.· David Kovacs, that along with a rezoning
application, is bein~ simultaneously filed with the City. The ap~ication in part
concerns the relocation of the CiZ: Tennis Center to the Congress sociates' site at
the intersection of Congress and ke Ida Roads.
Also included with this letter is a formal prohosal from Congress Associates to the
City of Delray Beach concerning the detai s of a land exchange that Congress
Associates proposes for the acquisition of property and eventual construction of the
City Tennis Center.
We hereb~ request that the City of Delray Beach schedule a Workshop meeting to
consider t e rezoning approach that Congress Associates pro~oses for the property.
The primary purpose of the Workshop would be to estahlis t~City'S interest Iß
pursuing the proÇ&sal put forth and their further interest in joi 'ng with Congress
Associates and F &L in the rezoning application.
'\.
We are most desirous of a Workshop schedule that would allow a rezoning
application to move forward within the City's process without loosing a substantial
amount of time. Congress Associates has mcluded with their rezoning application
three conceptual development plans that illustrate 1) the minimum proposed
development that Congress Associates would undertake immediately; 2~ the ultimate
development that would be completed should the City either not ma e a decision
with res~ect to the Tennis Facih% or, in the alternative, decide to leave it at its
present ocation or locate it elsew ere and; 3) the ultimate development plan that
would be completed should the City and Congress Associates successfully conclude
negotiations and develop the City's Tennis Cçnter on the Congress Associates'
parcel.
1iOO SOUTHEAST 17TH STREET CAUSEWAY, 4TH FLOOR, FORT LAUDERDALE, FLORIDA 33318
POST OFFICE BOX 21703, FORT LAUDERDALE, FLORIDA 33335-1703
(305) 763-8888 · FAX (305) 763-8tM
.
Mr. David P. Harden, Continued
July 24, 1991
Page Two
Please let me know of a potential Workshop date and its effect on our rezoning
applications as soon as possible so that we may make plans accordingly. If you have
any questions concerning ou.r proposal, or need submission of additional documents,
please call me.
Very truly yours,
.
GWZ:aem
~GCityMgr)
nclosures ,
CC: Mr. David Kovacs
Mr. Thomas K. Ireland
Mr. Edward B. Deutsch
Mr. Steven W. Deutsch
Mr. Michael J. Toll
Heng Handler, Esq.
Mr. imon Cruz
. .-
.'
".
CONGRESS ASSOCIATEs
July 24, 1991
Mr. David Kovacs, Planning Director
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Mr. Kovacs:
Enclosed herewith is an application for rezoning of a parcel of land owned by
Congress Associates at the southeast corner of the intersection of Congress Avenue
and Lake Ida Road in Delray Beach, Florida. There is a fu1Jy executed application
for the rezonin1of the land owned by Congress Associates from PCC DIstrict to
SAD District. so included are two additional applications, the second of which is
non-executed and adds the adjacent FP&L parcel to the, application, and the third
non-executed application is one that combines both the adjacent FP&L parcel and
the adjacent City owned parcel such that the rezoned area would encompass
everything north of the canal, south of Lake Ida Road, east of Congress Road, and
west of the FEC Rail right-of-way.
We have submitted the applications in this fashion such that the submission can be
coordinated with our request for a City Commission Workshop Meeting. Our
request has been sent to the City Manager simultaneous with this application. A
copy of the Workshop Request is enclosed herewith for your information.
Also included with this application are copies of three conceptual development
plans. Drawing SP-3 is the conceptual development plan for the entire development
parcel which contemplates the relocation of the City of Delray Beach Public Tennis
Center. Drawing SP-3 represents the ultimate development being pursued by
Congress Associates.
Drawing SP-4 illustrates a Phase I conceptual development plan. The plan illustrates
the minimum development that Congress Associates wishes to undertake
immediately while the Ci~ is in the process of determining a final location for the
Tennis Center. Drawing P·5 illustrates the uses being requested for the Congress
Associates' parcel and illustrates the development configuration that may be
undertaken by Congress Associates, should the City make a determination not to
relocate the Tennis Center to this site. Drawing SP-5 also requests the development
that would be permitted if the City indefinitely postpones a decision on the Tennis
Center. Congress Associates would like to complete the process having the authority
to seek final site plan approval of any development incorporating as much or more of
the development than Drawing SP-4, but development equal to or less than that
shown on Drawing SP·5. Once FP&L and the City join into the SAD rezoning, they
would like the authority to seek final site plan approval of the development shown on
Drawing SP·3.
1900 SOUTHEAST 17TH STREET CAUSEWAY, 4TH FLOOR, FORT LAUDERDALE, FLORIDA 33316
POST OFFICE BOX 21703, FORT LAUDERDALE, FLORIDA 33335-1703
(305) 763-8888 * FAX (305) 763-8996
"',"
Mr. David Kovacs, Continued
July 24, 1991
Page Two
We have simultaneously submitted rezoning applications that incorporate the
adjacent properties owned by Florida Power and Light and the City of Delray Beach
since we believe the outcome of a Workshop meeting may very well be an agreement
by both FP&L and the City to join Congress Associates in this rezoning petition.
Based upon the timing of the City Workshop, we would like you to move our
rezoning application ahead usinf the application that has been appropriately
executed by the greatest number 0 property owners.
Thank you for your consideration on this matter. We look forward to an expeditious
handling of our application and the ability to move forward with the development of
this property.
Thank you.
Very truly yours,
Jj;F$S;}:::;IATF5> ,
;<í"v-~ / J~t~
G EW.ZIM, RMAN
vièè resident of De elopment
\ !
'-~/
GWZ:aem
kGKovacs)
ncIosures
CC: Mr. Thomas K. Ireland
Mr. Edward B. Deutsch
Mr. Steven W. Deutsch
Mr. Michael J. Toll
Henry Handler, Esq.
Mr. Jim Weeks, FP&L
Mr. Simon Cruz
c<. ¡GRESS ASSOCIAT ., ~~i:
.)
-
July 24, 1991 -¡;: J~ 'J.{,l
Mjor of Delray Beach ~ Þ n... Rat...l ~
an ~~'" i>'~' ~
City Commissioners
C&i of Delray Beach -kW ~. L~..4.
1 N.W. 1st Avenue
Delray Beach, Fl. 33444 A. ð~ tub þ. ~ ~ ~
Re: Tennis Center Proposal p~ @ ~'2.'t ~ ¿l vi.
Congress Associates Parcel
Congress Avenue and Lake Ida Road Wl(
Dear Mayor and Commissioners:
Congress Associates is pleased to make this preliminary proposal to the City of
Delray Beach concerning the location -and construction of the City Tennis Center.
~ This progosal has been based uRon discussions that have been held with David
Kovacs, irector of Plannint and Zoning for the City of Defray Beach, and involves
input that he has assembled om City staff members.
This proposal is further based on th~reliminary conceptual development plan,
Drawmg SP-3, dated 24th of June, 1 1, prepared by Isosceles Group, Inc., for
Congress Associates. The plan illustrates the co-existing use of 17.58 acres of land at
the southeast corner of the intersection of Congress Avenue and Lake Ida Road for
the City of Delray Beach Public Tennis Center, a Florida Power and Light Electrical
Substation, an Entertainment Complex to be developed by Congress Associates, and
a gasoJine filling station with a car wash. The ultimate utilization of the proferty in
accordance with Drawing SP-3 would result in the Tennis Center utilizin! 5. 2 acres
for its courts, clubhouse and stadium. Florida Power and Light woul utilize 1.7
acres for its electrical substation, the Entertainment Complex would utilize 9.34 acres
for its facilities and 100 percent of aU roadways and parking. The service station
outlot on the corner would incorporate 1.31 acres of property.
Under separate cover, Congress Associates has asked the City Manager to agenda a
City Commission Workshop to discuss the City's participation in this project.
Congress Associates has submitted an application to rezone the 12.69 acres of and
that they own to an SAD District. We have also submitted documents requesting
both FP&L and the City of Delray Beach to join us in the rezoning arpIicatlon and
include the land east of the Congress Associates' parcel that each 0 those parties
own.
1iOO SOUTHEAST 17TH STREET CAUSEWAY, 4TH FLOOR, FORT LAUDERDALE, FLORIDA 33318
POST OFFICE BOX 21703, FORT LAUDERDAlE, FLORIDA 33335-1703
(305) 763-8888 · FAX (305) 763-8tM
..
Mayor and Commissioners, Continued
City of Delray Beach
July 24, 1991 .
Page Two
Congress Associates would ask that the City Commission consider this ~roposal in its
entirety. It is necessary for Congress Associates to develop t e uses and
confi~ration of the private portions of the development in order to be able to
contnbute both land and shared parkin~ facilities to the C~ for the construction of
their Tennis Center. Major changes 1ß the uses or co Iï\ration will make the
project economically infeasible for Congress Associates. urthermore, excessive
delays in getting underway with the first phase of development wiJl also make the
ultimate project economically infeasible. .
The Land Exchange Proposal .
In order to accomplish the development as conceptually envisioned, the City of
Delray Beach would need to invest the 2.03 acre parcel of land they currently own
along Lake Ida Road, immediately west of the FEC Railroad right-of-w~. In
addition, the City would need to negotiate a purchase of 1.16 acres from lorida
Power and Light representing the land that they now own that will not be needed for
the construction of their substation faciJity. The total 3.19 acres of land represented
by these two ~arcels would then be exchanged with Congress Associates for a total of
5.22 acres of and on which the City will construct their own Tennis Facility, with their
own funds.
In order to ~ve you an estimate of the costs that may be incurred by the City in order
to execute t is plan and the value of their participation with Congress Associates in
this proposal, we have prepared the "Draft ProÍt0sal" attached hereto. It should be
remembered that the proposal includes land va ues and construction costs that have
been used for illustratIve purposes. We believe the cost to be accurate to within 15
percent, but caution that all of these costs must be defined in much more detail t01ìet
a completely accurate description of the costs and relative value to the City. he
primary purpose of the draf~roposal is to establish a basic methodology for further
discussion and to give the ity a sense of the value that their participation with
Congress Associates may bring to the City of Delray Beach.
The draft proposal does not address operations after development. It is anticipated
that the owner of the Entertainment Complex, Florida Power and Li9ht, and the City
of Delray Beach will enter into an agreement for the continue common area
maintenance of the roadway and parking systems. Each of the entities would pay
their pro-rata share of common area maintenance based upon their utilization of
respective facilities.
Enclosed herewith are two additional letters concerning simultaneous requests and
applications that have been submitted to the City. The first is a letter to the Director
of Planning & Zoning, David Kovacs, that indicates our desired procedure with
respect to the rezoning of the subject parcels. The second letter is a letter to City
Manager David P. Harden requesting that he schedule a Workshop at the
Commissions' earliest convenience such that the conceptual development and
proposed cooperative agreement between Congress Associates and the City can be
discussed.
;. ) /
."
Mayor and Commissioners, Continued
City of Delray Beach
July 24, 1991
Page Three
Congress Associates apprecìates your consideration on this matter. If after your
review there is any addItIonal documentation that must be submitted prior to the City
Workshop meeting. please do not hesitate to can.
,
,
GWZ:aem
~GMayDel)
nclosures
CC: Mr. David P. Harden, City Manager
Mr. David Kovacs, City Planner
Mr. 1'homas K. Ireland
Mr. Edward B. Deutsch
Mr. Steven W. Deutsch
Mr. Michael J. Toll
He~ Handler, Esq.
Mr. imon Cruz
, "------.
I
""
DRAFT PROPOSAL .
CITY OF DELRA Y BEACH TENNIS CENTER
PER ISOSCELES GROUP IN DRAWING SP-3
JULY 24, 1991
I. City Investment
~ 2.03 acres of land @ $200,OOO/acre $406,000.00
Purchase 1.16 acres from FP&L@ $200,OOO/acre 232,000.00
18 courts @ $32,000 per court 576,000.00
Future Stadium Court
Court & Fenci~ @ $48,000.00 48,000.00
Bleachers @ $ .OO/seat ~l,OOO seats) 80,000.00
e) Gubhouse 6,500 s.f. @ $60.00 s.f. 390.000.00
Total Investment without Soft Cost $1,732,000.00
Total Cash Investment excluding City
owned land $1,326,000.00
Total Cash Investment exc1udin~ City $1,198,000.00
owned land and future stadIum
II. Tennis Center Value Contributed by Congress
Associates
,
~~ 2.03 acres of land @ $200,OOO/acre* $406,000.00
1.04 acres of land for drives & 50
parking spaces @ $260,OOO/acre 270,400.00
c) Construction of parking, entry drives,
19t. & landscaping @ 140,OOO/ac 145.600.00
Total Value Contnbuted $822,000.00
III. Total Tennis Center Value
~~ investment without soft costs $1,732,000.00
Value contributed by Congress Assoc 822.000.00
Total Value $2,554,000.00
IV. Total City Cash Investment without Soft Costs $1,326,000.00
TOTAL CASH INVESTMENT IS APPROXIMATELY 50% OF VALUE!
* Actual land value of property along Congress Avenue is greater, but we have used the same value
for all land area.
I
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[ITY DF DELAAY BEA[H
-. .
August 30, 1991
Mr. Michael J. Toll
Congress Associates
P.O. Box 21703
Ft. Lauderdale, FL 33335-1703
Re: Development Proposal/Southeast Corner of the Intersection of
Congress Avenue and Lake Ida Road
Dear Mr. Toll:
Pursuant to our telephone conversation of August 29, 1991, this
will confirm that Congress Associates has been scheduled for the
City Commission's workshop meeting of October 1, 1991, to discuss
the above referenced matter. The meeting will begin at 6:00 p.m.
and will be held in the First Floor Conference Room at City Hall,
100 N.W. 1st Avenue, Delray Beach. You may wish to contact this
office on or about Friday, September 27, 1991, to determine where
on the agenda the item has been set.
In the meantime, if you have any questions or if you anticipate
any problems with this schedule, please do not hesitate to
contact me at 407/243-7050.
Sincerely,
~~!/cair
Alison MacGregor Harty
City Clerk
AMH/m
cc: David T. Harden, City Manager
David Kovacs, Director of Planning and Zoning
Jasmin Allen, Planner
Joe Weldon, Director of Parks and Recreation
(Original transmitted via regular mail; copy by fax)
THE EFFORT ALWAYS MATTERS
.
~ ~'Ì:
C( .lGRESS ASSOCIAT .,
.)
July 24,1991 (;: J~ 'J.{,l
Mjor of Delray Beach ~þ ~ Mt)t,..( ~
an ~~~ ~,~~ ~
City Commissioners
C&, of Delray Beach ~ tWo..;I. L a.J,.f~
1 N.W. 1st Avenue
Delray Beach, Fl. 33444 A. ð{ tub ¡.!&, ~ ~
Re: Tennis Center Proposal p~ @ ~4~ "* ~ ¿l "'.
Congress Associates Parcel
Congress Avenue and Lake Ida Road ~ (
Dear Mayor and Commissioners:
Congress Associates is pleased to make this preliminary proposal to the City of
Delray Beach concerning the location -and construction of the City Tennis Center.
This prol)0sal has been based upon discussions that have been held with David
Kovacs, irector of Plannint and Zoning for the City of Delray Beach, and involves
input that he has assembled om City staff members.
This proposal is further based on the~reliminary conceptual development plan,
Drawmg SP-3, dated 24th of June, 1 1, prepared by Isosceles Group, Inc., for
Congress Associates. The plan illustrates the co-existing use of 17.58 acres of land at
the southeast corner of the intersection of Congress Avenue and Lake Ida Road for
the City of Delray Beach Public Tennis Center, a Florida Power and Light Electrical
Substation, an Entertainment Complex to be developed by Congress ASsociates, and
a gasoline filling station with a car wash. The ultimate utilization of the proterty in
accordance with Drawing SP-3 would result in the Tennis Center utilizincf S. 2 acres
for its courts, clubhouse and stadium. Florida Power and Light woul utilize 1.7
acres for its electrical substation, the Entertainment Complex would utilize 9.34 acres
for its facilities and 100 percent of aU roadways and parking. The service station
outlot on the corner would incorporate 1.31 acres of property.
Under separate cover, Congress Associates has asked the City Manager to agenda a
City Commission Workshop to discuss the City's participation in this project.
Congress Associates has submitted an application to rezone the 12.69 acres of and
that they own to an SAD District. We have also submitted documents requesting
. both FP&L and the City of Delray Beach to join us in the rezoning arplicatIon and
include the land east of the Congress Associates' parcel that each 0 those parties
own.
1iOO SOUTHEAST 17TH STREET CAUSEWAY, 4TH FLOOR, FORT LAUDERDALE. FLORIDA 33318
POST OFFICE BOX 21703, FORT LAUDERDALE, FLORIDA 33335-1703
(305) 783-8888 · FAX (305) 76304898
Mayor and Commissioners, Continued
City of Delray Beach
July 24, 1991 .
Page Two
Congress Associates would ask that the City Commission consider this ~roposal in its
entirety. It is necessary for Congress Associates to develop t e uses and
confi~ration of the priva~e portions of the development in order to be able to
contribute both land and shared parkin~ facilities to the C~ for the construction of
their Tennis Center. Major changes m the uses or co I~uration will make the
project economically infeasible for Congress Associates. urthermore, excessive
delays in getting underway with the first phase of development will also make the
ultimate project economically infeasible. . .
The Land Exchange Proposal .
In order to accomplish the development as conceptually envisioned, the City of
Delray Beach would need to invest the 2.03 acre parcel of land they currently own
along Lake Ida Road, immediately west of the FEC Railroad right-of-wÃ' In
addition, the City would need to negotiate a purchase of 1.16 acres from lorida
Power and Light representing the land that they now own that will not be needed for
the construction of their substation faciJity. The total 3.19 acres of land represented
by these two karcels would then be exchanged with Congress Associates for a total of
5.22 acres of and on which the City win construct their own Tennis Facility, with their
own funds.
In order to give you an estimate of the costs that may be incurred by the City in order
to execute this plan and the value of their participation with Congress Associates in
this proposal, we have prepared the "Draft Pr0f::0sal" attached hereto. It should be
remembered that the proposal includes land va ues and construction costs that have
been used for illustrative purposes. We believe the cost to be accurate to within 15
percent, but caution that all of these costs must be defined in much more detail to-Aet
a completely accurate description of the costs and relative value to the City. he
primary purpose of the draf~roposal is to establish a basic methodology for further
discussion and to give the ity a sense of the value that their participation with
Congress Associates may bring to the City of Delray Beach. .
The draft proposal does not address operations after development. It is anticipated
that the owner of the Entertainment Complex, Florida Power and LiNht, and the City
of Delray Beach will enter into an agreement for the continue common area
maintenance of the roadway and parking systems. Each of the entities would pay
their pro-rata share of common area maintenance based upon their utilization of
respective facilities.
Enclosed herewith are two additional letters concerning simultaneous requests and
applications that have been submitted to the City. The fIrst is a letter to the Director
of Planning & Zoning, David Kovacs, that indicates our desired procedure with
respect to the rezoning of the subject parcels. The second letter is a letter to City
Manager David P. Harden requesting that he schedule a Workshop at the
Commissions' earliest convenience such that the conceptual development and
proposed cooperative agreement between Congress Associates and the City can be
discussed.
) . . /
;.
Mayor and Commissioners, Continued
City of DeJray Beach
July 24, 1991
Page Three
Congress Associates apprecìates your consideration on this matter. If after your
review there is any additIOnal documentation that must be submitted prior to the City
Workshop meeting, please do not hesitate to call.
,
,
GWZ:aem
~GMayDel)
nclosures
CC: Mr. David P. Harden, City Manager
Mr. David Kovacs, City Planner
Mr. 'fhomas K. Ireland
Mr. Edward B. Deutsch
Mr. Steven W. Deutsch
Mr. Michael J. Toll
He~ Handler, Esq.
Mr. imon Cruz .
, ~-.
\
""
, .
,
DRAFr PROPOSAL .
CITY OF DELRA Y BEACH TENNIS CENTER
PER ISOSCELES GROUP IN DRAWING SP-3
JULY 24, 1991
I. City Investment
~~ 2.03 acres of land @ $200,OOO/acre $406,000.00
Purchase 1.16 acres from FP&L @ $200,OOO/acre 232,000.00
18 courts @ $32,000 per court 576,000.00
d) Future Stadium Court
Court & Fencin~ @ $48,000.00 48,000.00
Bleachers @ $8 .OO/seat ~1,000 seats) 80,000.00
e) Oubhouse 6,500 sJ. @ $60.00 sJ. . 390.000.00
Total Investment without Soft Cost $1,732,000.00
Total Cash Investment excluding City $1,326,000.00
owned land
Total Cash Investment exc1udin~ City $1,198,000.00
owned land and future stadIum
II. Tennis Center Value Contributed by Congress
Associa tes
,
~~ 2.03 acres of land @ $200,OOO/acre* $406,000.00
1.04 acres of land for drives & 50
parking spaces @ $260,OOO/acre 270,400.00
c) Construction of parking, entry drives,
19t. & landscaping @ 140,OOO/ac 145.600.00
Total Value Contributed $822,000.00
III. Total Tennis Center Value
~~ investment without soft costs $1,732,000.00
Value contributed by Congress Assoc 822.000.00
Total Value $2,554,000.00
IV. Total City Cash Investment without Soft Costs $1,326,000.00
TOTAL CASH INVESTMENT IS APPROXIMATELY 50% OF VALUE!
* Actual land value of property along Congress Avenue is greater, but we have used the same value
for all land area.
,
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August 7, 1991
George W. Zimmerman, Vice-President
Development Congress Associates
1900 S.E. 17th Street Causeway, 4th Floor
Fort Lauderdale, Florida 33316
,
Re: Recreation Complex S.A.D. Request
Dear George,
We have received you various applications, exhibits, and submittal
items for the S.A.D. proposal at Lake Ida Road and Congress Avenue.
My understanding of the desired process is that the S.A.D zoning
consideration occur as soon as practical but that it would await the
outcome of a work session with the City Commission. That work
session would result in Commission direction to either (a) direct
staff to include the City and FP&L properties in the application or
(b) not to include those properties.
At the present time the City Commission is involved with detailed
review of the proposed budget. That process has necessitated
special work sessions only for that purpose in the month of August.
Thus, it would not be until September that your request for a
work session would be scheduled with the City Commission. This
schedule would result in an October public hearing before the ,
Planning and Zoning Board (tentatively October 21st).
In the meanwhile, we will initiate the review process for your
submittal and will soon identify additional information which
will be needed. Given the conceptual nature of the submittal,
the tentative processing sequence would be as follows:
1. Determination of sufficiency of submission materials.
2 . Request for further information in response to staff
review of the development proposal.
3. Public hearing before the Planning and Zoning Board.
4 . First reading consideration of the S.A.D enacting
ordinance by the City Commission
l' ; r : ,'" ' ftfl .\ 1 1 I I'
. .
. . .
G~orge- W. Zimmerman
Recreation Complex S.A.D. Request
August 7, 1991
Page 2
5. If approved, you will need to file a complete site and
development plan. The complete plan will go before the
Planning and Zoning Board for a recommendation.
6. The Board's recommendation will go to the City Commission
concurrently with the Commission's public hearing on
second reading of the rezoning ordinance. There is a six
month time limitation (between first and second reading)
for this to occur.
The above process pertains only to the land use aspects of the
proposal. Participations by the City would be accommodated
concurrently, probably through the City Manager's Office, as
appropriate.
One item of submission deficiency is that of a traffic study
prepared pursuant to the Palm Beach County Traffic Performance
Ordinance. In that this project will generate more than 1,000
ADT, the report must be reviewed and accepted by the County
Traffic Division prior to consideration of the rezoning petition by
the Planning and Zoning Board. The timing of the receipt of the
traffic study may further affect the October hearing date which was
stated above.
We intend to complete our sufficiency review on August 14th.
Thereafter, Jasmin Allen will be in contact with you in regard to
other information which we may need for continued staff review.
çordiallY,
"-
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, avi~ ~.;:c~i-,2.Çi':~&'r-
Department of Planning and Zoning
DJK/leh
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David Harden, City Manager
Joe Weldon, Director of Parks & Recreation
Jasmin Allen, Planner I
Project File
DJK/#84/CONGASS.TXT
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CITY OF DELRAY BEACH
100 N.W. 1st AVENUE, DELRAY BEACH, FLORIDA 33444 407/243-7000
FAX NUMBER 407/243-3774
FAX TRANSMITTAL
DATE: 'ö/30Jci \
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TO: NAME: (YìlcY~el· Tol'
COMPAN! ~A.M:E: COY'\51rc.~~ ~ E1t¿-s
CITY:.Ít· lauèerè)aLe.
TOTAL NUMBER OF PAGES INCLUDING TRANSMITTAL SHEET: 2-
COMMENTS:
NAME OF SENDER: 1\\ t't:0Y\ t'Y\:tCC1(t:~ t4a{tlt-
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COPIES TO:
IF YOU DO NOT RECEIVE ALL OF THE ABOVE REFERENCED PAGES, PLEASE
CONTACT THE SENDER NOTED ABOVE ASAP.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: HARDEN, CITY MANAGER
~~
FROM: ACS, DIRECTOR
OF PLANNING AND ZONING
SUBJECT: WORK SESSION OF OCTOBER 1, 1991
SUNDY HOUSE/SUNDY APARTMENTS COMPOSITE PLAN
ITEM BEFORE THE COMMISSION:
The item before the Commission is a briefing regarding the
evolution of the Sundy House/Sundy Apartment Composite Site Plan.
This briefing is in preparation for your October 8th meeting at
which time the Composite Site Plan will be considered as a
regular agenda item.
BACKGROUND:
Attached is the HPB staff report and the report of HPB action.
As a part of the action there were several variances, waivers,
and special considerations granted. At the September 24th City
Commission meeting, Commissioner Mouw wished to address the
requirement for dedication of right-of-way. Also at that
meeting, Mr. Jensen (the applicant) indicated that he desired to
appeal some of the conditions of approval. I have requested
(from him) that he provide, in writing, the list of appeals by
noon on Tuesday.
I suggest that the format for consideration of this item be:
* background by Kovacs re chronology of events;
* overview of the site plan by Kovacs with attention to the
waiver and variance considerations;
* any additional comments by Mr. Jensen;
* Commission discussion.
NOTE: Action will occur on October 8th; thus, it is only
necessary for the Commission to obtain information
which will guide its decision making for that meeting.
Attachments:
* HPB Staff Report
* Report of HPB Action uJ .s.
:L
DJK/#86/CCSUN.TXT
,
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: COMMISSION, CITY OF DELRAY BEACH
~--.J 1lo\J~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: SEPTEMBER 24, 1991
SUBJECT: HISTORIC PRESERVATION BOARD ACTION RE SUNDY HOUSE
SUPPLEMENTATION INFORMATION TO AGENDA ITEM 9A
The following is a report of the Historic Preservation Board
action taken on September 23rd regarding the Composite site plan
for the Sundy House & Sundy Apartments and its associated
variances, waivers, and special disposition items:
By a 5-0 vote, approved the Composite Site Plan subject to three
conditions, as follows:
1. That the following changes to the submission be reflected in
the full site plan submission:
a) that the sidewalk shown on the east side of the Sundy
Apartments, south of the handicap space be removed and
the resulting area be developed as a part of the
parking lot.
b) that pressure treated wood be used for definition of
the landscape areas as opposed to concrete curbing.
c) that the outdoor refrigeration unit be relocated.
(Note: The following items, while not specifically
directed as changes, will need to be accommodated and,
thus, will require some redesign.)
d) compliance with Waste Management regulations and
the use of a dumpster for commercial trash.
e) alteration of the west property line for the Sundy
Apartments to accommodate a 5' right-of-way
dedication.
f) redesign of the front yard parking at the Sundy
Apartments in order to accommodate design requirements
and the right-of-way dedication.
2. That items under the the Exhibit "Technical Items" be
reflected on the full site plan or the plat, as appropriate.
To: city Commission, City of Delray Beach
Re: Historic Preservation Board Action Re Sundy House
Supplementation Information to Agenda Item 9A
Page 2
3 . That as a condition for the approval for a variance to
the number of required parking spaces, a legal
agreement [pursuant to 4.6.9(E)(5)] be provided. Said
agreement to accommodate (a) special events parking and
(b) daily parking to accommodate the difference between
the standard (code) required parking and the number of
on-site spaces. Said agreement to be with St. Paul's
Church,
With respect to variance, waivers, and special actions, the
following occurred:
A. C.O.A. determination that an outdoor refrigeration (stand
alone) could be accommodated on the site, but not at the
location shown on the site plan submittal.
B. The variance requests for encroachments into the required
side (street) yard (refrigeration unit and screening) were
DENIED (3-2 vote, 4 votes were needed to approve a
variance) .
C. The variance requests for reduction of distance between the
right-of-way and first parking space AND for the use of a
pea rock parking lot surface for a lot with greater than 12
spaces were APPROVED (5-0 vote).
D. Special action APPROVAL was granted to accommodate parking
in the front yard of the Sundy Apartment (5-0 vote).
E. The consideration of a waiver for providing nonmountable
curbing became moot when a site plan modification to add
pressure treated wood landscape protection was made by the
applicant.
F. The consideration of special action regarding provisions of
a back-out, turn-around area for a handicap space become
moot when a site plan modification to remove the sidewalk
and extend the parking lot area was made by the applicant.
G. A variance for a reduction in the required number of spaces
was APPROVED (5-0) conditioned upon an agreement for
off-site parking with St. Paul's Church.
H. A request for reduction of required right-of-way was granted
but only for a reduction to a 50' right-of-way. Thus, a 5'
dedication requirement remains along S.w. 1st Avenue.
I. A request for waiver of sidewalk installation along S.W. 1st
Avenue was granted but only to the extent of a deferral
until such time as either the property owner or the City
deems it appropriate to have the sidewalk installed.
J. A request for waiver of undergrounding on-site utility
services (for the Sundy Apartments) was granted (5-0) .
H.lSTORIC PRE~ERV A TION BOARD
CiTY OF DELRAY BEt\CH -~- S)f"\FF REPORT ---
AEETING DATE: September 23, 1991
\GENDA ITEM: Sundy House Antique Gallery and Tearoom & Sundy Apartments
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GENERAL DATA:
Owner.......................Louis G. Jensen
Agent.......................Howard E. McCall
Location....................On the south side of S.W. 1st Street,
between S.W. 1st Avenue and Swinton
Avenue.
Property Size...............O.88 Acres
City Land Use Plan..........Medium Density 5-12 du/acre.
City Zoning.................OSSHAD (Old School Square
HIstoric Arts District)
Adjacent Zoning.............North: OSSHAD (Old School Square
Historic Arts District)
East: OSSHAD
South: OSSHAD and
CF (Community Facilities)
West: RM (Multi-Family ResidentIal)
Existing Land Use...........Single Family Residential (Sundy
House) , and Multi-Family Residential
(Sundy Apartments).
Proposed Land Use...........Retail (antique shop and tea room)
Multi-Family (eight unit apartment
building) .
Water Service...............Existing 2" water main along S.E. 1st
Street, 2" main along S.W. 1st
Avenue, and a 10" water main along
Swinton Avenue.
Sewer Service...............Existing 8" sanitary sewer along 4.A-G
alley within block 62.
''',,'
ITEM BEFORE THE BOARD:
There are several individual items before the Board under the
general description of the Sundy House I Sundy Apartments Composite
Site Plan. These include:
* a modification to the existing Sundy House site plan which
incorporates a new use of cafe/restaurant and related site
modifications;
* a basic site plan for new territory which provides for site
improvements (primarily parking) for the Sundy Apartments site;
* a full (final) landscape plan for the composite site;
* several variances, waivers, and special action items which are
associated with the composite site plan;
* Certificates of Appropriateness (COA) 8-147-D for the
architectural features of: an outdoor refrigeration room, a
fence and trellis which screens the refrigeration room, and an
awning which is to be located over an entry walk; and,
* Certificate of Appropriateness (COA) 8-163 for architectural
aspects of the Sundy Apartments including re-roofing with a
different material, painting of the structure, addition of
awnings.
The composite site plan covers Lots 9, 10 (Sundy House), Lots 1 and
part of 2 (Sundy Apartments), and alleyway which is to be abandoned.
This area is situated on the north portion of Block 62, Town of
Linton. It is located on the south side of SW 1st Street, between
Swinton and SW 1st Avenue.
BACKGROUND:
This project has a development history which is familiar to the
Board. The site is zoned OSSHAD (Old School Square Historic Arts
District) . The structures have existed for quite awhile with the
Sundy House constructed in 1902, the garage c. 1933, and the Sundy
Apartments in 1947.
The site plan for the Sundy House conversion to an Antique Shop
was approved by the HPB on February 20, 1991. Associated waivers
were considered by the City Commission on February 26th with the
following results:
* allowing the surface of the alley to be pearock with conditions
pertaining to a hold harmless agreement and participation in
paving costs if paving was deemed necessary, by the City, at a
later date;
* reduction in dedication requirements at Swinton and 1st;
Historic Preservati Board Staff Report
Sundy House Antique Shop/Tea Room and Sundy Apartments -
Basic Site Plan Approval
Page 2
* a request to waiver sidewalk installation along 1st Street was
not granted.
* granting of a waiver to not provide non-mountable curbing
around the limited landscape areas.
As the Sundy House project commenced construction, thought was given
to moving the approved parking area westerly so as to not to have to
relocate power poles and to provide additional space between the
structure and the parking. On June 19, 1991, a request to abandon
the alleyway was before the HPB. At that meeting, the HPB
recommended to the Planning and Zoning Board that the alley be
abandoned subject to the condition that a master site plan be
submitted which would accommodate access (for parking purposes)
for the lots adjacent to the alley.
During construction, the owner decided to provide additional site
features south of the Sundy House. These were accommodated through
a site plan modification which was before the HPB on August 14th.
The improvements included:
* a deck with covering by a canopy,
* a patio area,
* a gazebo, and
* relocation of the fire escape.
The deck, patio and gazebo were specifically approved as passive use
areas as while there was discussion of an outdoor dining use, that
use was neither allowed within the zone district nor specifically a
part of the site plan modification application.
On September 4, 1991, an application for the Composite Site Plan and
associated items was submitted. That application is now before the
Board.
On September 18th, a plat submittal which addressed conditions of
approval of the initial site plan and the alleyway abandonment was
submitted. That plat is now under separate review.
DEVELOPMENT PROPOSAL:
The development (site plan) proposal is to:
1. establish the use of a cafe/restaurant at the Sundy House;
2. provide on-site parking for the Sundy Apartments;
3. establish joint use of the common parking area which is located
between the Sundy House and the Sundy Apartments; and,
4. accommodate other changes to the Sundy House portion of the
site.
~"~
Historic Preservati Board Staff Report
Sundy House Antique Shop/Tea Room and Sundy Apartments -
Basic Site Plan Approval
Page 3
The parking areas are:
* a twenty-four (24) space parking lot to be located east of the
apartments;
* a four ( 4 ) space lot in the front yard of the Sundy Apartments.
* each is proposed to be improved with a pearock surface.
Other site modifications include:
* a 160 sq. ft. (10' x 16' x 7 1/2' ) refrigerator/freezer, just
west of the Sundy House garage;
* an 8 ft. high fence/trellis combination to screen the
refrigerator/freezer;
* an awning which will cover the sidewalk from the handicapped
parking space to the front door. This is a reconfigured
walkway; and
* reconfiguration of the parking area by the Sundy House
reducing the number of adjacent spaces from ten (10) to seven
( 7) .
SITE PLAN AND LANDSCAPE PLAN ANALYSIS:
Pursuant to Section 3.1.1 of the Land Development Regulations, prior
to approval of development applications, certain findings must be
made in a form which is part of the official record. This may be
achieved through information on the application, the staff report,
or minutes. Findings shall be made by the Board to approve or deny
the development application. These findings relate to the following
four areas:
Future Land Use Map: (The resulting use of land and structures must
be allowed in the zoning district and the zoning district must be
consistent with the land use designation).
With approval of the initial Sundy House (conversion to retail) site
plan, a finding of consistency with the Future Land Use Map was
made.
The addition of the cafe/restaurant use is similarly consistent.
While, the location of the seating area on the terrace and deck may
be construed to be "outside dining" , it is located under a fixed
canopy. Clearly, this type of use was contemplated in the drafting
of the OSSHAD regulations and distinction between "outside dining"
and seating area under a fixed canopy should not hinder proceeding
with this development proposal. Accordingly, a finding of
consistency can be made.
...
Historic Preservati Board Staff Report
Sundy House Antique Shop/Tea Room and Sundy Apartments -
Basic Site Plan Approval
Page 4
Concurrency: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided
pursuant to levels of service as established within the
Comprehensive Plan. For sewer and water, concurrency shall mean
that direct connection to a functioning municipal system is made.
For streets(traffic), drainage, open space (parks), and solid
waste concurrency shall be determined by the following:
* the improvement is in place prior to issuance of the
occupancy permit;
* the improvement is bonded, as part of the subdivision
improvements agreement or similar instrument, and there is a
schedule of completion in the bonding agreement;
* the improvement is part of a governmental capital
improvement budget; it has been designed; and a contract for
installation has been solicited.
Water:
The modification to the Sundy House site plan does not present any
significant loading to the municipal water system. There is no
change of use at the Sundy Apartments. Thus, there are no Level of
Service considerations.
With respect to on-site service, the additional water consumption
required by the cafe/restaurant operation will necessitate a 2"
meter for water service to the Sundy House. This may be
accomplished by either using the existing meter location and a
jack-n-bore under Swinton or by a new service extension and meter
relocation using the SW 1st Street 2" main. Resolution of this item
must be made during consideration of the plat submission.
Also, during consideration of the plat submission the possibility of
imposing requirements for up-grading of substandard water mains
which are adjacent to property which is being replatted will be
addressed.
Sewer:
No sewer extension or upgrading is anticipated with this development
proposal. However, this subject will be explored during
consideration of the plat with respect to the condition of the
existing sewer main and whether or not an up-grade will be required
prior to constructing the new parking area over the main.
The use (cafe/restaurant) will require installation of a grease trap
and an I.P.P. manhole.
..
Historic Preservati . Board Staff Report
Sundy House Antique Shop/Tea Room and Sundy Apartments -
Basic Site Plan Approval
Page 5
Drainage:
The site has not been subject to compliance with drainage
requirements in the past in that the structures are quite old and
there had not been any impervious area on the properties (other than
the structures). Paving and drainage plans have yet to be submitted
with either this site plan consideration of the plat. It is
anticipated that drainage will be able to be readily accommodated,
however, in doing so some changes may occur to the site plan which
is presently before the Board.
Streets and Traffic:
A traffic statement/study was not submitted with the project. In
order to meet compliance with the County Traffic Performance
Standards Ordinance, the municipal staff determined that less than
200 ADT would be generated given that, it appears, the
cafe/restaurant use will be limited to luncheons with occasional
"garden party" use. Being less than 200 ADT, a traffic
statement/study is not required.
Pursuant to Section 5.3.1(D)(2), the required right-of-way width for
S. W. 1st Avenue and S.W. 1st Street is 60 ft. However, pursuant to
Section 5.3.1(D)(4)(Reduction in Width), reduction in the required
right-of-way width may be granted by the body having approval
authority of the associated development pursuant to the following:
1- The reduction is supported by the City Engineer.
Nonsupport by the City Engineer may be appealed to the
Board of Construction Appeals.
2. That requiring full dedication would constitute a hardship
in a particular instance and that all required
improvements will be provided in a manner which will not
endanger public safety and welfare.
3. That acceptable, alternative provisions are made to
accommodate features which would otherwise be accommodated
within the right-of-way e.g. alternative drainage systems,
alternative pedestrian walkways, alternative on-street
parking, etc.
Regarding SW 1st Street, 50' of right-of-way exists. This width has
been deemed acceptable and, thus, a waiver is recommended. In
regard to S.W. 1st Avenue, the existing right-of-way width is only
40 ft. While a reduction to 50 ft. is easily accommodated, a
further reduction removes the right-of-way area which would
otherwise accommodate a sidewalk. A related request is for a waiver
installation of a sidewalk along SW 1st Avenue. The staff
recommendation is for denial of the waiver (see discussion under
that item). Accordingly, dedication of 5 ft. of right-of-way is
required along S.W. 1st Avenue. In providing the additional
right-of-way, the design of the proposed parking lot in the front
yard of the Sundy Apartments is affected to the extent that only two
spaces can be accommodated.
,","
Historic Preservati Board Staff Report
Sundy House Antique Shop/Tea Room and Sundy Apartments -
Basic Site Plan Approval
Page 6
Parks and Solid Waste:
Neither the modification nor the new site plan have an impact on
park needs as they involve a commercial use and existing residential
units.
While more trash will be generated by the cafe/restaurant use, it is
not significant with respect to level of service standards.
However, concerns with respect to handling of on-site facilities is
discussed under the LDR section of this report.
Consistency:
Pursuant to Section 3.3.1 (Basis for Determining Consistency), the
performance standards set forth in Section 3.3.3 (Standards for Site
Plan Actions) along with compliance to Section 2.4.5(F)(5) (General
Compatibility and Harmony with Adjacent Properties) shall be the
basis upon which a finding of overall consistency is to be made.
Other objectives and policies found in the adopted Comprehensive
Plan may be used in making of a finding of overall consistency. The
applicable performance standards of Section 3.3.3 and other policies
which apply are as follows:
Standards for Site Plan Action
A) Building design, landscaping, and lighting shall be such that
they do not create unwarranted distractions or blockage of
visibility as it pertains to traffic circulation. (Traffic Element
C-l. 2 )
The only structural addition involved with this development
proposal is that of the freezer/refrigeration unit and it's
screening. There is concern that its location adversely
affects sight distance as it relates to the handicap parking
space adjacent to it. If the refrigeration unit is to be
allowed, it is recommended that a ten foot clear (sight)
distance be retained between the east edge of the driveway
entry and the refrigeration structure.
Also, in order not to have to relocate a power pole, the
driveway entry from 1st Street jogs upon entry to the site.
Besides the above conflict another conflict exists as to
visibility conflicts between an existing seagrape and
compact car parking spaces.
The above conflicts can be resolved through relocation of
the power poles.
Historic Preservati Board Staff Report
Sundy House Antique Shop/Tea Room and Sundy Apartments -
Basic Site Plan Approval
Page 7
B) Appropriate separation of travelways is made for vehicles,
bicycles and pedestrians in a manner consistent with Objective D-l
of the Traffic Element.
Pursuant to Code Section 6.1.3(B), a 5 ft. sidewalk is required
to be installed along the east side of S.W. 1st Avenue. The
applicant has requested that this code requirement be waived.
The C.R.A. supports waiver of sidewalk installation in that
there are no other sidewalks on the east of 1st Avenue in
that block. However, we note that a parking area to be
provided further to south (not a part of this site plan
consideration) may be used in conjuction with the Sundy
House (overflow parking). If this is the case and there is
no other means of pedestrian access, installation of the
sidewalk is appropriate.
C) (Open Space Enhancements) Does not apply in that the
standard deals with retaining vistas.
D) That any street widening associated with the development shall
not be detrimental upon desired character and cohesiveness of
affected residential areas. (Housing Element A-6.1)
There is no street widening associated with this
development. The standard does not apply.
E) (Development of vacant land consistent with adjacent
development)
This standard does not apply in that the subject is already
developed.
F) (Appropriateness of future use and intensity of the
development of vacant property)
This standard does not apply in that the subject is already
developed.
G) (Demographic Mixture re Adult communities) Does not apply.
",..,
Historic Preservati Board Staff Report
Sundy House Antique Shop/Tea Room and Sundy Apartments -
Basic Site Plan Approval
Page 8
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall
specifically be addressed by the body taking final action on a land
development application/request. The following is a list of
code requirements for which variances and special sctions are being
sought.
As identified in the first part of this report, there are several
variance, waiver, special action, and COA determinations
associated with this development proposal. In order to assist the
Board in analyzing the project, the items will be addressed in
sequence as they relate to decisions which need to be made.
1. COA for Refrigeration Unit:
Exhibits of the proposed refrigerator/freezer unit and its
fence/trellis have not been provided. However, a written
description states that the proposed refrigerator/freezer unit
will be screened with a 5 ft. high solid wood fence with a thirty
inch high lattice on top of the fence.
The first matter before the Board is to determin whether or not
the refrigeration unit, as a stand alone unit, is appropriate in
the historic context of the site. (It may be more appropriate to
locate the unit within the garage structure which presently
exists on the property.) The second matter then relates to its
location on the property (please refer to the following item #2
re encroachment in to the required setback).
If the Board is disposed to grant a COA for the structure, it is
recommended that the north and west elevations of the unit be
screened with an 8 ft. high fence, as these elevations are the
most visible from public right-of-way (S.W. 1st Street).
2. Street side yard variance for the refrigeration unit:
The required setback is 15' [4.3.4(K)]. The refrigeration unit
encroaches so that only an B' setback is retained. Please see
the "basis for variance" attachment to this report for the
findings which need to be made.
The findings are based upon protection of existing historic
features or a physical hardship not the making of the property
owner. The location of the refrigeration unit does not meet any
test. Accordingly, the variance request should be denied and the
refrigeration unit, if allowed at all, should be located
elsewhere on the site.
."
Historic preservatt Board Staff Report
Sundy House Antique Shop/Tea Room and Sundy Apartments -
Basic Site Plan Approval
Page 9
In addition to the above considerations, it is noted that, as
situated, the unit creates a sight problem for the handicap
parking space, contributes to the jog in the entry, requires
additional screening for the compressor, and otherwise clutters
the 1st Street streetscape.
3. Heiqht variance in required setback:
Any structure or fencing in required front or street side yard is
not to exceed 6 ' pursuant to Section 4.6.S(C). As discussed
above, the fencing will exceed 6' . Thus, if the refrigeration
unit is allowed, this height variance should also be granted.
4. Special consideration for front yard parkinq:
Pursuant to Section 4.4.24(G) (2), during the site plan review
process, where there are existing buildings or structures, the
HPB may waive the requirement to provide all parking in the side
or rear yard or adjacent to an alley provided that it is
determined that compliance is not feasible and that the
residential character of the area will be maintained.
A four ( 4 ) space parking lot is proposed along S.W. 1st Avenue in
the front yard of the Sundy Apartments. The design of the
parking lot is appropriate with a 4 ft. hedge, situated between
the parking lot and the right-of-way. The proposed parking lot
will eliminate the existing back-out parking situation which
otherwise may continue.
While there is a staff recommendation that relief be granted,
as stated previously the need for dedication of right-of-way and
installation of a sidewalk will require redesign (and loss of
parking spaces) of this lot.
S. Reduction of distance requirement between parking spaces and
the riqht-of-way:
Relief for this item is through the variance procedure. Again,
please refer to the attached "basis for variances" regarding
findings.
In this instance the variance is from provisions of Section
4.6.9(D)(3)(c), which requires a 20 foot distance between the
first parking space in a lot and the adjacent right-of-way.
","
Histo~ic Preservati Board Staff Report
Sundy House Antique Shop/Tea Room and Sundy Apartments -
Basic Site Plan Approval
Page 10
The proposed parking lot along S. w. 1st Street provides 11 ft.
of stacking distance and the parking lot along s.w. 1st Avenue
provides 5 feet. In both instances the intent of the code
requirement is being met in that the lots are relatively low
volume and the parked cars will not be maneuvering into the entry
lane. The variance along 1st Avenue can be justified in terms of
a hardship due to the small area available for parking. The
variance along 1st Avenue may be justified in that the
preservation of the seagrape creates a reduced development area
which otherwise· could accommodate three parking spaces and meet
code requirements.
6. Use of walkway for vehicle maneuvering:
Pursuant to Section 4.6.9(D)(4)(c), a 6 ' X 24' back-up
manuevering apron is required where a parking aisle dead-ends.
On the east side of the Sundy Apartments, where the parking aisle
dead-ends, a back-out manuevering area has not been provided. The
applicant has proposed that the manuevering area be accommodated
by utilizing (backing onto) the adjacent sidewalk which provides
access to the apartment building. As this is generally an unsafe
situation, relief from this requirement is not recommended.
7. Use of a pearock parkinq lot surface:
Section 4.6.9(D)(8)(a), all parking spaces shall be improved
either with a paved surface meeting Engineering Department
standards, or with a hard surface material or with some other
type of surface material acceptable to the City. Within
historic districts, parking lots may be improved with a surface
material other than pavement, where there are 12 or less
parking spaces, subject to the approval by HPB.
Since the Code is specific that the HPB may approve a parking lot
with 12 or fewer spaces, the avenue which must be used to
accommodate the request for a pearock surface for all parking
spaces (less handicap spaces) is that of a variance. Again,
please refer to the attached "basis for variances" for findings
which must be made.
By limiting the HPB power to small lots (12 or fewer spaces), it
appears that for larger lots the rationale of keeping in
character with historic aspects of a neighborhood is not
appropriate. This is particularly true given the fact that the
church parking lot on the southern portion of the block is paved.
In addition, the general objections and concerns of the surface
being scarred and loosened by the amount of traffic in a twenty
four (+/-) space lot; of increased maintenance needs usually
resulting in poorer maintenance; and the situation where many
individuals will be walking through the parking lot on a daily
basis to access either the apartments or the luncheon area all
apply.
""
Historic Preservati Board Staff Report
Sundy House Antique Shop/Tea Room and Sundy Apartments -
Basic Site Plan Approval
Page 11
While the City Commission did grant approval for use of pearock
for the alley in conjunction with the first (Sunday House) site
plan approval, that approval was based upon a limited use of the
site, execution of a hold harmless agreement, and an agreement to
participate in costs if the City deemed it appropriate to pave
the alley at a later date.
It is recommended that this variance not be granted.
8. Reduction in number of parkinq spaces to be provided:
Pursuant to Section 4.6.9(C), 37 parking spaces are required:
Antique Shop (1,650 sq. ft.) requires 8 parking spaces; Tea
Room/Restaurant (1,172 sq. ft.) requires 15 parking spaces; and
the Sundy Apartments require 14 parking spaces.
Relief for this item is through the variance procedure. Again,
please refer to the attached "basis for variances" regarding
findings.
While twenty-eight (28) parking spaces have been provided
on-site [four (4 ) spaces in the front yard of the Sundy
Apartments and 24 spaces between the Sundy House and Sundy
Apartments], depending upon the disposition of the previous
items, fewer spaces may actually be accommodated.
The applicant has suggested that the Antique Shop be determined
to require 3 spaces and that the Tea Room/Restaurant be
determined to require 11 spaces. The basis for the request is
that the parking requirements for antique shops and furniture
stores should be less than general retail use and that the
Antique Shop and Tea Room would share parking.
Another approach to take, combines the concepts of mixed use
occupancy and shared use of parking facilities. In this concept,
the demand of the antique shop / cafe is reduced; and, use of the
apartment complex rear yard parking is shared. This concept
makes some sense, especially if the cafe function is restricted
to luncheon use (when the apartments have light parking demand) .
However, the concept does not hold if an evening fare is added to
the cafe use. In such a situation, maximum demand from both
"shared" uses may occur.
The applicant has provided information that the main seating area
which consists of the porch, terrace and deck (area covered by
canopy) would contain seating for 40 people and the dining room
with 3 tables would accommodate 12 people. At maximum demand,
using a vehicle occupancy of 2/car, 26 spaces would be needed in
addition to apartment users and employees. This demand clearly
exceeds availability of spaces.
""
Historic Preservati Board Staff Report
Sundy House Antique Shop/Tea Room and Sundy Apartments -
Basic Site Plan Approval
Page 12
While the applicant has indicated that sufficient parking
will be assured with the future parking lot proposed on Parcel
3 of the proposed Sundy Estate Plat, Parcel 3 is not currently a
part of the development application which is under consideration.
Suggestions for remedying this potentially adverse situation
include the following:
1) limit the seating capacity of the cafe
2) restrict the use of the cafe to luncheon use and "tea" use
only
3) require that the conceptual parking lot layout on Lot 3 be
included with the development of the north portion of the
block and that a pedestrian pathway be provided to link the
two uses (parking lot and cafe)
4) accept an off-site parking agreement executed with St.
Paul's Church through which additional parking is provided
in perpetuity (or as long as the cafe use exists)
5) a combination of the above.
The C.R.A. has recommended that a parking variance be granted to
the number of spaces which may be accommodated on the site and
that there be no restrictions or conditions.
9. Waiver to Landscape requirements for curbing around landscape
areas:
A waiver of Section 4.6.16(E)(3) (Landscape Section), that all
landscape areas shall be separated from vehicular use areas by
nonmountable curbing is being sought. Whereas such a waiver was
supported by staff for the smaller scale concept of the Sundy
Antique Shop, the waiver is not supported in this case where
there is more parking activity and the landscape areas will need
to be properly protected.
If a pea rock surfaced is allowed, the need for curbing is more
apparent.
It is appropriate for the Board to make a recommendation to the
City Commission. Only the Commission is empowered to grant this
waiver request.
."
Historic Preservati . Board Staff Report
Sundy House Antique Shop/Tea Room and Sundy Apartments -
Basic Site Plan Approval
Page 13
10. Accommodation of Trash disposal:
Roll-out carts are proposed instead of a dumpster for the
handling of refuse.
When initial site plan approval (Sundy House Antiques) was
granted, Waste Management verified that roll-out carts would be
acceptable. However, with the increase in intensity of use to a
cafe/restauraunt and the special functions (Le. wedding
receptions, banquets), the manner for handling trash must be
readdressed.
In response to a staff request for a letter from Waste Management
verifying that the use of roll-out carts remains acceptable, the
agent provided only a copy of the previous verification. It is
necessary that a new verification, based on the expanded use be
obtained.
If such a verification is not obtained, it will be necessary to
design appropriate waste facilities for the site.
11. Waiver to requirement for underqrounding utilities:
Pursuant to Section 6.1.8 (Undergrounding of Utilities), utility
facilities serving the development including but not limited to
gas, electric power, telephone and CATV cables shall be located
underground throughout the development.
The Board is empowered to grant a waiver of this requirement
provided that it is endorsed by the City Engineer [Ref 6.11(B)).
As of yet, a position has not been taken by the City Engineer.
The plans show undergrounding the services for the Sundy House.
It is appropriate that the services to the Sundy Apartments be
undergrounded also since the site is being disturbed for the
parking lot.
Also, while not required, serious consideration should be given
to undergrounding the service facilities which exist in the
alleyway. Undergrounding of these facilities will allow redesign
of adverse features of the parking lot entry.
12. COA 8-163, Sundy Apartments
The proposed improvements to the Sundy Apartments include: an
asphalt shingle 'roof (light green) , green awnings with a white
stripe finish, painting the building white with Bermuda Pink
trim. No color samples nor elevations have been provided.
~ ;~
Historic Preservati _ Board Staff Report
Sundy House Antique Shop/Tea Room and Sundy Apartments -
Basic Site Plan Approval
Page 14
13. Encroachment:
The existing garage encroaches approximately 1.5 feet into the S.W.
1st Street right-of-way. This is an existing nonconforming
situation. At the time of initial approval, a Hold Harmless
Agreement was required to be provided. However, that agreement
has not yet been delivered to the City.
REVIEW BY OTHERS:
Community Redevelopment Agency: The CRA supports approval of
this development program. Its comments on specific items are
included in the report.
OSSHOA: Special notice was sent to the Old School Square
Homeowners Association. No comments have been received.
ASSESSMENT:
The current development proposal combines two actions: one is a
coordinated access and parking layout which was a condition of
approval for the alleyway abandonment; the other is the
additional use of a cafe/restaurant. While accommodating the
first action (coordinated parking) was addressed in a sketch plan
made at the time the alleyway abandonment was discussed and a
reasonable solution was set forth; the additional intensity of
use (parking demand) necessitates a new look at the matter.
Of the several special considerations associated with the
proposal, while no single one (except, perhaps, number of parking
spaces) is of particular signficance, when all taken together,
the proposal appears to be a combination of: a) too intense for
the site; b) of an intensity that accommodations usually made for
mixed-use and historic properties may not be appropriate; and c)
a significant change to the general residential character of this
area.
The mixed use aspect and revitalization aspects of the proposal
are in keeping with the intent of the OS SHAD regulations. Thus,
compromises should be sought, and appropriate restrictions
imposed through conditions of approval in order that the overall
renewal of this portion of the block can be achieved. In this
light, it is suggested that the following concepts guide the
Board in its actions on the individual aspects of the proposal:
* a hard look be taken with respect to the appropriateness of
a stand alone freezer/refrigeration unit on this historic site;
and if deemed appropriate and necessary, that it be located
elsewhere on the site so as not be a feature along SW 1st Street.
Relocation of the unit would also provide an opportunity to make
a safer and better functioning vehicular entry.
."
Historic Preservati . Board Staff Report
Sundy House Antique Shop/Tea Room and Sundy Apartments -
Basic Site Plan Approval
Page 15
* the special considerations for pea rock surface and a waiver
of landscape protection devices should not be granted since the
parking lot will be used by a significant number (more than
fifty) of vehicles on a daily basis. [Boardmembers are encouraged
to visit the "Pineapple Designs" use on Swinton (200 Block,
north) to get a feel for a pea rock lot.]
* limitations on the intensity of the use should be imposed
since the parking variance is being sought based on presentations
of shared parking, availability of off-site parking, and limited
use. Suggested limitations are:
1- cafe & tea room use restricted to no more than thirty
(30) seats prior to 5:00 p.m.; and restricted to no
more than twenty (20) seats post 5:00 p.m.
2. the above restriction can be lessened when the
anticipated parking area of Lot 3 is developed,
provided that there is a direct pedestrian linkage
between the lot and the Sundy House.
3. that special event use which involves more than twenty
individuals must be conducted only under a shared
parking agreement with St. Paul's Church. Said
agreement [prepared and recorded pursuant to Section
4.6.9(E)(5)] to provide for use of the Church parking
lots to accommodate overflow parking needs.
METHOD OF PROCEEDING:
Since this a very complex development proposal, the following
sequence is suggested for the Board's review:
1- Introduction and presentation by the applicant/agent.
2. Staff critique which will focus upon commentary in this
staff report.
3. Public Hearing testimony for the variance items.
4. Discussion by the Board.
5. Individual action on each of the variance, waiver, and
special consideration items in the following sequence:
A. Having a stand alone refrigeration/freezer unit on the
site and the appropriateness of its location:
Specific Actions:
* variance for location in required setback;
* variance for height of screening fence;
* C.O.A. for the structure;
.'.
Historic Preservati . eoard Staff Report
Sundy House Antique Shop/Tea Room and Sundy Apartments -
Basic Site Plan Approval
Page 16
B. Parking lot design considerations:
Specific Actions:
* accommodation of front yard parking along 1st Ave.
* variance for reduction of distance between the
right-of-way line and the first parking space;
* use of walkway for vehicular maneuvering area;
* use of pea rock parking surface;
* waiver of protective curbing for landscape areas;
C. Number of parking spaces to be required:
Specific Action:
* variance as to the number of spaces to be
provided.
D. Aesthetics and Elevations:
Specific Actions:
* C.O.A. for site plan changes to the Sundy House
specifically including the relocation of the
walkway, canopy over the walkway, architecture of
the refrigeration unit.
* C.O.A. for the Sundy Apartments: specifically the
awnings, repaint, and reroofing.
E. Other items:
Specific Actions:
* Reduction of right-of-way along SW 1st Avenue;
* Waiver of installation of sidewalk along SW 1st
Avenue
* undergrounding of on-site service utilities;
* undergrounding of alleyway service utilities.
* Relief from any of the "Technical Items" as such
may be requested by the applicant/agent.
F. Final Action: The making of an all inclusive motion
based upon a statement of findings of consistency with
the Comprehensive Plan; the purposes of the Historic
District Overlay (Section 4.5.1) and OSSHAD Zone
Districts; the aesthetic standards of Section 4.6.18;
the provisions of Sections 3.1.1 and 3.3.3.; the
provisions of Section 2.4.S(F)(5) Compatibility with
adjacent properties; and the basis for granting of
variances and waivers as contained in Section
2.4.7(A)&(B) respectively.
' II~
Historic Preservati Board Staff Report
Sundy House Antique Shop/Tea Room and Sundy Apartments -
Basic Site Plan Approval
Page 17
Further, the motion should read:
approval of the composite site plan for the Sundy
House and Sundy Apartments based upon the finding
iterated above; and, as modified by specific
actions previous taken by the Board; and, subject
to the following conditions:
1. that changes, as directed by the Board, be
made to the basic site plan and that they be
reflected in the full site plan submittal which is
to come before the Board;
2. that the items listed under the Exhibit
"Technical Items" be reflected in either the full
site plan submittal or the plan submittal, as
appropriate.
Attachments
* Exhibit: Technical Items
* Exhibit: Basis For Variances & Waivers
* Site Plan
* August 29th Request Letter re: Site Plan & Plat
JC/#7/SUNHOUSE.TXT
~'11t
Historic Preservati Board Staff Report
Sundy House Antique Shop/Tea Room and Sundy Apartments -
Basic Site Plan Approval
Page 18
EXHIBIT: TECHNICAL ITEMS
Items to be addressed on the revised (full) site plan submission:
1- If a pearock parking surface is allowed, pavement must be
provided from the existing street to the sidewalk, the sidewalk
is to be concrete, a paved apron shall be provide to the edge of
the first parking space upon entry to the site.
2. The joint parking lot can be used only subsequent to
consumation of the alleyway abandonment (inlcuiding the
associated replat).
3. Either a current letter must be received from Waste
Management stating that roll-out carts are appropriate and
acceptable given the new use; or, a dumpster area (or acceptable
substitute) be provided in a manner acceptable to Waste
Management and which, otherwise, complies with existing
standards.
4. If the refrigeration unit is to be allowed in the proposed
location, a ten foot ( 10' ) clear area is to be provided west of
it to the parking area driveway. Within this area only low
shrubs and landscaping will be accommodated.
5. If the refrigeration unit is to be allowed in the proposed
location, the screen fence should have a total height at least
equal to the height of the refrigeration unit.
i 6 . If the power pole by the street is relocated, the driveway
\ 'entry is to be redesigned to eliminate or reduce the jog.
7 . If the on-site sidewalk (by the apartments) is be used for a
vehicular maneuvering, it shall be constructed to a greater
standard than what is commonly used for a pedestrian way.
8. Parking spaces for handicap use shall be paved.
9. The landscape plans are still under review. Code compliance
is required in the event that deficiencies are found.
10. Other modifications to reflect the determinations made by
the HPB and City Commission with respect to the various relief
requests.
Items to be addressed with the plat submission:
1- dedication of sight triangle at Swinton and 1st (sée page 1)
2. change in water meter (see page 4)
3. potential of up-grading of adjacent 2" water mains (page 4)
~, ,~
Historic Preservati Board Staff Report
Sundy House Antique Shop/Tea Room and Sundy Apartments -
Basic Site Plan Approval
Page 19
4. assessment of condition of sewer main which is located in
the alleyway that is to be abandoned (page 4)
5. plan (detail) for installation of the I.P.P. manhole (pg 4)
6. drainage calculations, grading plans, and determination as
to accommodation of on-site drainage (page 5)
7. the "hold harmless" agreement pertaining to the garage
encroachment into the 1st Street right-of-way is to be
provided (page 13/14)
8. dedications and public improvements (sidewalks) as
accommodated by the HPB and City Commission during review of
the composite site plan and its attendent relief requests.
~"~
Historic Preservati Board Staff Report
Sundy House Antique Shop/Tea Room and Sundy Apartments -
Basic Site Plan Approval
Page 20
EXHIBIT TO SUNDY HOUSE COMPOSITE SITE PLAN STAFF REPORT
BASIS FOR VARIANCES
Pursuant to Section 2.4.7(A)(5), the Historic Preservation Board
must make the following findings prior to granting a variance:
(A) That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which
are not generally applicable to other lands, structures, or
buildings subject to the same zoning (The matter of economic
hardship shall not constitute a basis for the granting of a
variance);
(B) That literal interpretation of the regulations would deprive
the applicant of rights commonly enjoyed by other properties
subject to the same zoning;
(C) That the special conditions and circumstances have not resulted
from actions of the applicant;
(D) That granting the variance will not confer into the applicant
any special privilege that is denied to other lands,
structures, and buildings under the same zoning. Neither the
permitted, nor nonconforming use, of neighborhood lands,
structures, or buildings under the same zoning shall be
considered grounds for the issuance of a variance;
(E) That the reasons set forth 'in the variance petition justify the
granting of the variance, and that the variance is the minimum
variance that will make possible the reasonable use of the
land, building, or structure; and,
(F) That the granting of the variance will be in harmony with
general purpose and intent of existing regulations, will not be
injurious to the neighborhood, or otherwise detrimental to the
public welfare.
BASIS FOR WAIVERS
Excert from Section 2.4.7(b)(5): Findings: Prior to granting a
waiver, the granting body shall make a finding that the granting
of the waiver:
(a) shall not adversely affect the neighboring area;
(b) shall not significantly diminsh the provision of public
facilities:
(c) shall not create an unsafe situation; or,
(d) does not result in the grant of a special privilege in that
the same waiver would be granted under similar circumstances
on other property for another applicant or owner.
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., August 29, 1991
:L.
....,
~ ~~(C~rrWJE@
or
- Historic Preservation Board
.;..
:J' \ Jeff Costello, Planner
....,
':::: Planning Department SE? 4 1991
;;. 100 N W First Avenue
('I Delray Beach, Florida 33444
...., PLANNING & ZONING
V"
...., SUNDY HOUSE / APARTMENT SITE
..... Re:
....J SITE PLAN APPROVAL & VARIANCE
:.t..
., The enclosed application for Site Plan Approval is a amendment to
::::
." the site plan approved for the Sundy House, COA 8-147, whereby,
j The Sundy House site will now include the Sundy Apartment
-:i property (lots 1 and the North 47.5 feet of 1 at 2, of block 62)
:::: and the alley between them. Abandonment of the alley is being
-.é processed at this time, and concurrently with this application,
~
~ ,an application for Plat Approval is being filed for all of Mr.
:=;
<.I Jensen's property, Lots 1,2,3,4,9 & 10 including 'the abandoned
E
~ alley; and a Var iance is being requested for several items on the
~ site development plan.
-
...., MATERIALS SUBMITTED:
(/') Included with the application form is a copy of the tax warranty
~ deed showing Mr Jensen as the owner of lots 1,2,3 & 4; seven ( 7 )
W copies of the survey showing all the property; the fee of five
Z hundred dollars ($500.); fourteen (14 ) copies of the site
Z
.( development plan; fourteen (14 ) copies of a tree survey for lots
~ 1,2,3 & 4; fourteen ( 14) copies of the Landscape Plan titled
~ Landscape Plan for Lots 1 and 2, Block 62 (the Sundy Apartment
0 site), and fourteen (14 ) copies of a revised Landscape Plan for
(/') 106 S. Swinton Avenue (The Sundy House property).
~
() PLAT OF THE SUNDY ESTATE:
~ The Site Development Plan shows Lots 1,2,3,4,9 & 10, of block 62,
..... Town of Delray, together with the abandoned alley, which Is being
:J:
() plated and known as The Sundy Estate. Parcel One, on the new
~ plat is the Sundy Apartment plot on lot 1 and the North 47.5 feet
.( of lot 2, and lots 9 & 10, including the abandoned alley between.
Parcel Two of the new plat is the balance of lot 2, lot 3 and the
::r: North one and one-half feet of lot 4 which contains a single
() family cottage and a two story four unit apartment building. They
Z will remain as they are with no development to this portion of
:3 the property. Lot 4, less the North one and one-half feet, is
0 Parcel Three of the Sundy Estate Plat. A parking lot is shown on
~ this plot as a future development, with a driveway from Southwest
~ First Ayenue, and a possible connection to the existing parking
.( area of st. Pau1ts Episcopal Church. A portion of this parking
() lot is reserved for required off-street parking for the cottage
U
~ and the four unit apartment (a condition for abandonment of the
alley).
"
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~ WORK TO BE DONE:
; The Site Development Plan shows all of Hr Jensen's property, even
:>
..... though only Lot 1, and the North 47.5 feet of Lot 2 (the Sundy
§ Apartment site) ,including the abandoned alley between The Sundy
~ House and The Sundy Apartment site, is being developed at this
N time. The balance of lot 2, lot 3 & 4 will be developed at a
~ later date.
.....
.....
i The development of the Sundy Apartment parcel, for this
g application, includes providing four off-street parking spaces,
~ in the front yard, with a driveway from Southwest First Avenue,
~ and adding ten additional spaces (a total of fourteen are
~ required) in the rear of the building accessed from the driveway
~ shared with the Sundy House. Twenty four parking spaces are
~ provided in this area (a total of twenty eight parking spaces for
~ the Sundy House and the Sundy Apartments), which are to be
§ surfaced with pea-rock. Like the Sundy House parking, we are
e requesting that concrete curbs not be required around the
~ landscaped islands. Each parking space is identified by the
~ installation of tire bumpers. Four of these spaces are for
= compact cars. A considerable effort is being made to retain the
...., older trees and landscape, and the remaining desirable trees are
~ being relocated to other parts of the site. Interior landscape
~ screening is provided for all of the off-street parking areas.
Wz Handicap parking spaces are provided with a paved parking area
and a five foot paved walkway up to the buildings. Presently
~ there are two street light fixtures on two of the utility poles
~ on the property that provide night lighting to the area.
~ Additional lighting will be provided to cover all parking areas,
o but not spillover onto adjacent properties. The Sundy House
~ sidewalk will continue along Southwest First Street to the corner
~ of Southwest First Avenue. The apartment building will receive
~ minor repairs to the exterior prior to paInting the entire
~ building, and the roof will be replaced with new asphalt
æ shingles. The character of the building will not change except
U for preserving the finishes to extend the useful l1fe of the
~ building. Green canvas awnings will be used at selected
< locations.
~ The site plan shows an addition to the Sundy House, a wood deck
U covered with an awning, an open deck on grade and a gazebo.
~ These items have been previously approved by the Historic
~ Preservation Board, including the outside stairway to the second
o floor located on the West side of the house. Two items, not yet
~ reviewed by the HPB, that this application· seeks approval of; 1)
~ Adding a awning covering the entrance walkway from the parking
< area to the Sundy House front porch, five (5) feet wide and seven
~ (7) to eight (8) feet hIgh, made of green canvas supported on a
~ pipe frame, the same as the covered Terrace awning. And item 2),
Adding a free standing refrigerator/freezer unit, ten (10) feet
II
- ~ .. ~ r "u:_ !:'. ~ THE ^ MER 1 C ^ ~ I S S TIT UTE 0 F ^ R CHI TEe T ~
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... feet instead of the required twenty ( 20) feet. The request here
:.L.
..... 1s for a variance of nine ( 9 ) feet.
"t"
V'.
V'. PARKING SPACE _17
:)'- Section 4.6.9{D) (4) (c) :Dead End Parking Bays: This section of
.....
E the code has a requirement for a six ( 6 ) foot by twenty four ( 24 )
~ foot area for turning around at dead-end parking lots (if a
N driver finds all the spaces filled and must exit). And it serves
...... as an area to back into for the end parking spaces to ease the
~
...... exit maneuver, such for parking space H 16. I have
.... as you see
....J received comments from the city that our plan does not provide
:.L.
t: the same condition for space HI?, and I believe it does. Space
0
oJ .17 is a handicap space twelve ( 1 2 ) feet wide and is provided
...
~ with an adjacent five ( 5 ) foot wide concrete 5 idewa lk, as
...
£ required by code. We have chosen to continue the concrete
-oj sidewalk across the edge of the parking area to the South
~ entrance of the apartment. Please notice that instead of
~ concrete, the walkway could have been a gravel surface that would
0 have satisfied the parking requirement for a back up space. The
...
tí concrete surface will serve equally well for a back-up space,
e
-:; when required, and it will be a much better sidewalk, for daily
~
u.j use. The variance requested here wi 11 be for your concurrence
- that the plan as shown satisfies the requirement and spirit of
.....
.... the ordinance.
CI) REQUIRED PARKING FOR ANTIQUE SHOP & TEA ROOM
~
W Section 4.6.9(C)(2)(c) requires fourteen ( 14 ) parking spaces for
Z the apartment building, which includes one per each efficiency,
Z one and one half for one bedroom units, and a total of four ( 4 )
<
,..J guest parking spaces for the eight ( 8 ) unit building. Tha t may
p.. be more than is needed. Section 4.6.9(C)(3)(a)General Commercial
cð Uses: This is the only category for retail uses in the park 1 ng
CI) code and requires 4.5 spaces per 1,000 sq. ft. Therefore,
~ Antique Shops and Furniture stores have the same requirements for
U parking, which is not a fair allocation. There is a similarity
~ in the product they sell and each requires a large space for
- displays of their products. Beyond that, that is no correlation
~
U between the square footage of their store space and the
~ automobile traffic generated by their type of business. The
< Sundy House Antique Shop will have one employee,and with two
customer cars at the same time, things would be busy; three cars
~ of customers would present a mad house, and if six cars came
U during the entire day it would have been a very good business
Z day. The antique shop portion of the Sundy House has 1650 sq.
:3 ft. of floor area and requires 7.4 parking spaces. We seek
cð relief from the quantity of parking required as allowed by
,..J Section 4.6.9(C) (1) (d) Uses Not Listed, and/or by Section
,..J 4.6.9(C)(1)(g) Reduction Allowed: by special documentation. I
< don't know of any official documentation concerning required
<¿ parking for antique shops, however I have heard statements from
~ other planners, and from antique shop owners that 4 . 5 pa r kin 9
spaces per 1000 sq. ft. is far in excess of the actual need.
iii
- - ~ 'J C ·....~!'RICAS ISSTITUTE o F ARCHITECTS
.,<
~
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or
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....,
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...
~ Antique stores are a special kind of business and do not operate
~ on a volume basis. Remember, also that there are other parking
~ spaces on the site that can be used if some special condition
; caused a temporary need for extra parking. I request that you
~ give consideration to these facts and reduce the number of
Spark ing spaces requ ired for the Sundy House Ant ique Shop ,to three
~ (3) spaces total.
N
~ section 4.6.9(C)(3)(d)Restaurants: ~a5ed on the ·3qJ.br~ foot area
: of the Sundy House used for the Tea Room (the old kitchen, the
~ new service kitchen and a portion of the old dining room), and
§ the outdoor terrace area (a total of 1083 sq. ft.), the required
ª parking for the Tea Room is thirteen (13) spaces. Fourteen (14)
~ spaces are supplied for the Sundy House Antique Shop and Tea
~ Room, and the spaces will be shared between the two uses under
~ many different circumstances. Hopefullyantique shoppers will
~ stay for lunch, and likewise lunch customers will visit the
~ antique shop. The covered terrace area is the main seating area
§ and will accommodate thirty eight to forty (38/40) people, and
....
~ the three inside tables will cater to the serious antique
~ shopper. An important fact to remember that should assure the
~ city that sufficient parking can be provided, when required, is
~ the future parking lot on Parcel three of the Sundy Estate (old
lot 4) that will supply twenty two (22) parking spaces. There is
~ a reciprocal agreement between Hr. Jensen and st. Paul's
~ Episcopal Church to allow the Sundy House to use the church
~ parking for special functions and to allow the church to the
Z parking on Parcel three.
<
~ PEAROCK PARKING SURFACE:
~ Section 4.6.9(D)(8)(a) on Parking Surfaces, states that in the
~ Historic District the Historic Preservation Board may approve a
~ parking surfaces other than pavement when there are twelve or
U less spaces. The parking area between the Sundy House and the
~ apartment has twenty four spaces, and we desire to use a pearock
~ surface for the entire parking lot. The plan that we show has a
-
~ single driveway. There could have been two driveways, leading to
U two parking areas side by side each with twelve spaces, which
~ would not have required any special variances, but it would have
< had over twelve hundred square feet of extra driveway, and
several large trees and landscape would have been destroyed. The
a plan as shown presents a more natural setting in keeping with the
Z historic character of the area. We request a variance to permit
~ the entire parking area to be a pearock surface ( except of
~ course the handicap spaces).
o
~ THE REFRIGERATION UNIT:
~ The small doorways in the Sundy House does not allow for the
ð passage of the refrigerator that was planned for the service
U kitchen. The practical solution was to add the outside unit
~ which also gave much greater storage capacity. The ten foot by
sixteen foot by seven and one half foot tall unit will be placed
6
- "" ,\¡ f R 1 C A ~ 1 ~ S T 1 T UTE 0 F ^ R CHI TEe T S
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~ 6
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... West of the garage between the parking and the street. This is
;L,
~ the only location close enough to the building where the unit
~ could be screened with landscape. The unit will be screened with
or,
- a solid wood fence five feet high with a thirty inch high lattice
or,
'.> work on top. This fence/lattice work will provide support for
'"
G flowering vines to grow and surround the entire refrigeration
~ unit. As the plan shows, the screen and landscape will also
~
<'I enclose the trash storage area. Two variances will be required,
~ 1 ) for the height of the fence in the setback area. The height
'¢
~
'" is limi ted to six feet, and we have seven and one half feet to
-J cover the refrigeration unit, and 2) a building setback line is
u..
¿ fifteen feet and we can only provide eight feet. We are adjacent
0
~ to the garage that has no setback, and the landscape as planned
:::: will conceal the entire thing.
...
íl.
::'5
-:i REQUEST FOR WAIVER OF SEPARATE PRELIMINARY ENGINEERING PLANS:
:::: Section 2.4.3(D) A waiver of this section is requested for the
~ following reasons:!) All of the information requested for the
0 Preliminary Engineering Plan has been shown on the architectural
~
'-' site plan. 2 ) Domestic water service and sanitary service
E
-:; exists as indicate on the site plan, and will not receive an
:'l..
uj increased demand. 3 ) No improvements will be made to the site
- that will affect the drainage. None exist on the site. 4 )
-
.... Above ground improvements, electric, telephone and cable
en television exists and services the apartment. The site plan
~ indicates the location of utility poles and overhead service. 5)
W No new street lights will be installed.
Z
Z TRAFFIC STATEMENT AND STUDIES:
<
~ Section 2.4.3(E) Threshold Exemptions: r submit that the new use
~ of the Sundy House should receive this exemption because the
0 intensity of use will be very low. The apartment demand will not
en change.
1 ~
U If further information is required for this submi tta1, please
~ contact me.
-
:J:
u
ç.c:
< Sincerely
:J:
U
Z
~ Howard E Me Ca 11
0
~
~
<
U
~
iI .. .- ., n .- n C' '" " T µ F '" " F R I C A ~ I!"STITUTE o F
ARCHITECTS
."
, .
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~~~~~'-~"~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: WORK SESSION OF OCTOBER 1, 1991
DISCUSSION OF 5-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS
ITEM BEFORE THE COMMISSION:
The item before the Commission is that of review of the
changes to the 5-Year Schedule of Capital Improvements.
This schedule is a part of the Annual Budget Document. It
is also a part of the Comprehensive Plan.
The changes between the current 5-Year Schedule and that
which is proposed will be the subject of an ordinance for
first reading on October 8th and a public hearing on October
29th. A Planning and Zoning Board public meeting
consideration of the changes will occur on October 21st.
BACKGROUND:
The 5-Year Schedule of Capital Improvements as set forth in the
Annual Budget is to be consistent with the 5-Year Schedule in the
Comprehensive Plan. Thus, each year, the Planning and Zoning
Board is to review the Budget document and determine consistency
between it and the Comprehensive Plan. This process is dictated
in part by both the State Growth Management Act and our locally
adopted Comprehensive Plan.
The 5-Year Schedule of Improvements includes projects and
programs which involve capital facilities and which have a value
of greater than $100,000. Thus, each of our bond programs is
included in the Schedule.
If time permits, I will review the process with the Commission.
If time does not permit, we will focus only on the changes
between the current and proposed 5-Year Schedules.
Attached is a copy of the proposed Schedule and the Schedule as
currently contained in the Comprehensive Plan.
W.s. 3
'Øl~
. .
City Commission Documentation
Discussion of 5-Year Schedule of Capital Improvments
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of September 16th and a report was forwarded to the City
Commission. Thereafter, the Board reviewed the changes in
detail at a work session held on September 26th. The Board will
formally consider the proposed changes again, in a public
meeting, on October 21st.
Attachment:
* Proposed 5-Year Schedule
* Current 5-Year Schedule
DJK/#85/CCFIVE.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ;~~
SUBJ ECT: WORKSHOP AGENDA ITEM # - MEETING OF OCTOBER 1, 1991
PRIORITIZATION OF FUTURE WORKSHOP AGENDA ITEMS
This item is before the Commission to discuss and determine the
prioritization of scheduling for the following workshop agenda items.
A. Eighth Street Marina.
;>~~ B. Identi fication of Areas for Downzoning.
í- C. Met hod 0 f S end i n g Pub I i c Not ice s. ,- !
: I
D. Discussion with regard to fund raising events for
Charitable Organizations
E. Code Enforcement Fines/Procedures.
I t shou d be not ed, t hat the last scheduled workshop meeting for 1991,
wi II be held on Tuesday, No v emb e r 5 t h. Because of the Christmas
Hot ¡day, the next workshop meeting would be January 7, 1992.
Alternatively, the Commission may wish to hold a second workshop
meeting during the month of November. In which case, items could be
scheduled for discussion on November 19th.
In addition to prioritizing, Corrmission direction is requested
regarding what specific information will be required when formal
discussion of these proposed items 0 c cur.
.
OJ· S · 1
";,,
.. .
9.P. Release of City Liens. The Commission is to consider accepting
a payment of $500 to release all City liens against property located at
401 S.W. 10th Street. City Attorney's Office recommends approva 1.
The City Attorney advised the estate is willing to give the
C~ty $500.00 ~n exchange for the release of the liens held on this
property.
Dr. Alperin moved to approve the release of City liens, subject
to the City acquiring the additional right-of-way for the necessary
widening of S.W. 10th Street, seconded by Mr. Mouw. Upon roll call the
Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr.
Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion
passed with a 5 to 0 vote.
9.Q. Emergency Repairs - Water Main Intracoastal/Sanitary Sewer -
Homewood Boulevard. The Commission is to consider whether to declare
an emergency for repairs on the water main on the Intracoastal and the
sewer system on Homewood Boulevard.
The City Manager stated there is a broken water main on the
Intracoastal and ~s estimated at $26,000 to repair. There is also a
sanitary sewer problem on Homewood Boulevard which is estimated to cost,
for repairs, $14,00 for the lines and $25,000 for the manhole for a
total of $39,000 on the line.
Dr. Alperin moved to declare an emergency on these two repairs
and instruct staff to proceed, seconded by Mr. Andrews. Upon roll call
the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr.
Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion
passed with a 5 to 0 vote.
COMMENTS AND INQUIRES ON NON-AGENDA ITEMS
13.A.I. Mr. Andrews stated he would like to direct the CRA to look at
the vacant gas station on N.E. 8th Street between the two highways.
13.A.2. Mr. Randblph stated Judge Kendall ~s trying to get a proponent
for the resolution on impropriety and requested the City Attorney review ,""-
it and bring it to a workshop.
13.A.3. Mayor Lynch suggested it would be good public relations to have
public notices sent out as needed. He would like to review it, for
agreement, at a workshop in order to give staff direction.
13.A.4. Mayor Lynch stated he spoke with Emil Danciu of Boca Raton and
Eileen Weiner of Boynton Beach, and both will bring the issue of a joint
meeting to their Commissions or City Managers to discuss matters that
are pertinent to all three cities.
I3.A.5. Mayor Lynch requested adding, once a month under Item 13,
Municipality and County Issues in order for all the Commissioners to
share information with each other.
-22- 8/27/91
~II~