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02-06-90 Workshop CITY OF DELRAY BEACH, FLORIDA WORKSHOP MEETING - CITY COMMISSION FEBRUARY 6, 1990 7:00 P.M. AGENDA Commission Chambers 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. Status of City's Finances (Commissioner McCarty). 2 . Proposal for Dealing with Revenue Short-F~lls (City Manager). 3 . Proposed Changes to Permitting RE:quirements (Commissioner McCarty) . 4. Proposed Sidewalk Cafe Ordinance (City Manager). 5 . Proposed Transfer of Development Rights Ordinance (Commissioner Andrews) . 6. Expanding Linton Boulevard Beautification Project Between I-95 and Federal Highway to Include Concrete Medians (City Manager). 7 . Proposal to Exchange Jurisdication with the County/ S.W. 10th Street for Swinton Avenue (Commissioner McCarty). 8. Replacement of Damaged Vegetation along Atlantic Avenue (City Manager) . 9. Use of Sewage Effluent for Irrigation (City Ma~ager). 10. Water Conservation- Florida Power and Light's H.E.L.P. Program (City Manager). 11. Proposed Resolutions (City Manager): A. Supporting Continued County Funding of School Crossing Guards. B. Supporting the Solid Waste Authorities Status as a Separate Entity. ~ ...... ~'. . , CITY OF DELRAY BEACH, FLORIDA WORKSHOP MEETING - CITY COMMISSION FEBRUARY 6, 1990 - 7:00 P.M. ADDENDUM Commission Chambers Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any ~atter 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. WORKSHOP AGENDA IS AMENDED TO INCLUDE: 12. Historic Preservation Board Certificate of Appropriateness and Annual Report (Commissioner McCarty). . It ·r" ~ \ ~ ~. \ -~---~-_.-....... ------.- __.... _._____..:..-....:..-r E a = aiE:: :: ~ = -;; ":II!; :: ~ ::; = I ::-!J :: = ~ I:: ~ : :: ;:: --I";'" :f .- :f =ëIS= -:f - i... ....,-... "... ..... ... ::¡ II" ::s ::¡¡ ii _I::; II.... aa = i 1= ï;;¡ to1 1= I; -- I 1= - ~ ==¡::;~ !i ~ . t II I -.. =: =- "~ :I ..n.. In" .,..... 1M n _... en ! ìIi iiI... ........ 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THREE MONTH REVIEW FISCAL YEAR 1989-90 REVENUE COMPARISON INCLUDES ACCRUALS General Fund Revenue Introduction Total General Fund revenues realized as of December 31, 1989 were $14,190,059 representing 43.83% of the annual projected budget of $32,377,678. The 43.83% rate of collection for fiscal year 1989-90 compares favorably to the first quarter of fiscal year 1988-89 which was 41.87%. Following is a recap of the first quarter revenues for the General Fund with an analysis by each category. Based upon current revenue collections, the City may anticipate a minimum of a $245,000 revenue shortfall. Other potential areas of concern which may increase this number are the diminished Building Permit revenues which, if they continue at their current pace, could result in approximately a $390,000 deficit in that category. However, Community Improvement has indicated that they expect to realize those revenues with an up-turn in new const,uction starts in the remaining three quarters of the fiscal year. The other potential significant revenue shortfall is the $288,000 projected .. for Storm Water Utility Fees. Deviations in the implementation of this fee could result in approximately $72,000 per month variance in revenue collections. We will continue to monitor all of the revenues and will pay particular interest to Intergovernmental revenues in light of the recent newspaper articles regarding the State Revenue shortfalls. Ad Valorem Taxes \ As of December 31, 1989, the City had received $9,660,317 or 71.61% of the total Ad Valorem projected revenues. The revenue stream is realized early in the fiscal year and is due to the discounted collection process. Sales and Use Taxes The collection of Sales and Use Taxes is 22.41% of the projected budget and we might anticipate an $80,000 shortfall if this collection rate continues. Franchise Taxes The City has collected $620,622 representing 25.79% of the budget projection for 1989-90 and it appears that the revenue projection will be met at year-end. ~ , I ~ . f \))5/ 2- '! Utility Taxes The total collections for the first quarter are $995,882 or 27.01% of the budget projection. The actual collections for this period are greater than the first quarter of fiscal year 1988-89. The City may realize a favorable variance of $110,000 by year-end. However, mild summer weather could negate this $110,000 favorable variance. Licenses Receipts for this revenue category are $193,514 or 70.11% as compared to 52.09% for the prior year. This revenue source is realized by the City early in each fiscal year and it is anticipated that the City will realize its budget projection. Permits Building Permit revenues are $190,823 or 16.49% of projected budget as compared to 26.54% for the prior year. The decrease in revenues is due to a slowdown in the construction market. If these conditions continue, we expect a shortfall of approximately $395,000. However, discussions with the Community Improvement Director have indicated that they have a significant number of projects on-line which they expect should allow them to reach budget projections by year-end. Intergovernmental \ Revenues of $1,041,295 were collected in the first quarter representing 24.67% of the projected budget. The projected budget is based upon .. estimates provided by the State of Florida. However, with the recent newspaper articles indicating significant potential shortfalls in State revenues, we have requested the State to provide us with an updated estimate if there are to be any changes in the pass-throughs to the cities. Charges· for Services This category is at 20.21% of projected budget with $150,523 collected as compared to $169,679 or 24.58% in the prior year. At this rate, the City will have a revenue shortfall of approximately $120,OOQ in this revenue category by year-end. ~ines and Forfeitures . The City has collected $83,421 or 18.30% of the budget projection as compared to $125,991 or 31.67% in the prior year. Based on this, the City may experience a shortfall of approximately $122,000 by year-end. Interfund Transfers - These revenues are at 25.00% of the budget projection. Contributions from Other Funds This category is at $353,459 or 20.53% of projected budget. The reason for this being at 20.53% is due to the provision of a $25,000 transfer ~ ~ . ~ . " - contingency from the Beach Restoration Fund. These monies will only be transferred if there is a matching appropriation. This category assumes revenues of $288.000 from the implementation of a Storm Water Drainage Fee commencing in June. Any deviations in this schedule could effect revenues. , Recover of Administrative Costs These revenues will be approximately $33,000 under budget with shortfalls from the Cemetery and Golf Course. Miscellaneous Revenues The receipts for this revenue are at $179.883 or 14.68% of the projected balance. 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I en X" r-...o , o -~ .~o~~~o~o~~ooo m Qt 1...----.,-.....-.-- m~ I o ~~ Imo-...~.u~m~m~.~ en I ~og~ :~~~~~~~~:~~~~ J I I , ~Þ~I · ~~ I I O~CI · mc~, ~ ~~ I_~N~......~~~~NN~~ mÞ I ~O~_ I....O~~O_~O~~~..... ~~~f .... f············· --41 ~ooo 1~~~O~No-~....O~~O- --4~1 ("..,.;:.o~ 1 =....."""OO,----..I..o-........a...-_ 0 . I ~~~~ IN~~~~~~~~~~~~ ~I -+1/~r i:Ii-'f I !!:: I ~ , I ~ . , ~ MEMORANDUM - . TO: Malcolm Bird Interim City Manager ,. FROM: 01 David M. Huddleston Director of Finance SUBJECT: Loss of Ad Valorem Tax Revenues -- DATE: January 31, 1990 Attached is a copy of the Certification of Final Taxable Value which was received from the Property Appraiser's Office. The final certification decreased the City's gross taxable value by $59,488,592 or 2.63%. This reduction in the tax roll will amount to a $350,388 revenue shortfall for the City's Ad Valorem property taxes. . In addition to this revenue shortfall, we have also received a copy of the final certified value for the Community Redevelopment Agency (C.R.A.) which increases their value by $13,681,601 which requires an additional payment. from the City to the C.R.A. of $73,122. The combined impact of the revenue - shortfall and the increased payment to the C.R.A. totals $423,510. DMH/sam Attachments cc: Yvonne Kincaide, Budget Director . ~ , I · ~ . · t I¡ · · f ì DPEgìJ NG DEBT TOTAL ASSESSED TA1 . YEAR ImlAGE MILLAGE tlIllASE VALUES REVENUES 51 ¡ 51000 $1 I $1000 $1 I 51000 --~------------------~---------------------------------.--------------------------- 1980 $6.8670 $1.1282 57 . 9952 5S29,202,500 54,048,400 1981 $8.3664 H .1726 '9.5390 5640,831,192 55,461,481 1962 56.146S 50.7967 56.9432 5956,098,076 56,359,751 . 1983 14.7227 50.~69S 55.2922 51,320,266,683 56,696,640 1984 H.7S10 50. ~,412 55.2922 $1,403,096,240 56,949,980 1985 14.7774 50.5148 55.2922 51,480,695,391 $7,479,329 1986 54.9781 50.5924 5S.5705 $1,646,487,429 $8,756,108 1987 $5.0925 50.7199 $5.8124 $1,781,267,288 $9,834,676 198B 55.2991 SO.7009 $0.0000 $1,847,231,360 $10,481,609 1989 55.3306 50.6694 50.0000 51,919,202,547 $10,93j.455 PROJECTED 1990 S ~..b2 ~,9 50.5741 S&.2000 52,201,749,S52 ~12,9b8,305 ESTII1ATED INCREASE 14.7221! 52,028,850 DEBT SERvICE REg~IREMENT 51,233,3&4 DEBT SERYICE HILlA6E ACTUAL $C>.5741 $1 ,200,823 SHORTFALL 532, ~41 TAXABLE VALUE 52,201,749,~,52 HILLAGE DFHATINE S5.62~r9 DEBT SERVICE SO.5741 TOTAL IIILLA6£ $&.2000 1$1000 GROSS OPERATINE TAX REVENUE $12,386,823 .. S~.62S9 PER 51000 TII1ES 52,201,749,552 OPERATING COLLECTION WITH DISCOUN\S (95%) $11,767,482 CO~I1UNITY REDEVElOP~ENT TAX ADJUST~ENT 1988-89 TA1 BASE ~290,330,~31 1985 TA1 BASE S245,631,067 PREVIOUS LOSS , ---------------- LESS C.R.A. TAX SHARE 544,699,364 (5238,900) ($165,778) $73,122 PLUS DEBT SERVICE 50.5741 I!ILLS $1,200,823 AD~ALOREI1 TAXES FOR 1989-90 LEVY INCLUDING C.R.A. S12,968,30S 513,318,693 _350,388 ---------------- .----------- ---------------- AGGREGATE lOSS 1423,510 ------------ .-------.--. ¡ , I !' . ~ .. - - - 1;1 n G4/8U CERTIFICATION OF FINAL TAXABLE VALUE Pursuant to § 200.065 ('), F.S. and S 200.0eS (S), F.S. PALM BEACH County, Florida TO DELRAY BEACH (12)(86)(88)(93) (Name of Taxing Authority) A INITIAL TAXABLE VALUES AS PREVIOUSLY CERTIFIED ON July 1 I19~ (Date) (1) Current Year Gross Taxable Value 2,261,238,144 (From Une (4), Form DR-420) S U. FINAL TAXABLE VALUES HEREBY CERTIFIED THIS DATE, January 29 ,19~ (2) Final Current Year Gross Taxable Value 2,201,749,552 (From Form DR-403) $ -- (3) Percentage Change In Taxable Value -2.63 ([(2) + (1)].1) X 100 NOTICE This completed form must be returned to the Property AppraIser's Office by 05:00 o'doc p.m. February 1 ,19 90 . Failure to do so could cause loss ( rcvenue to your taxing authority. I do hereby certify the values shown herein to be correct to the best of my knowledge and belief. Witness my hand an official signature at WEST PALM BEACH , Florida, th the 29th day of JanUary ,19~ R~ ~. 'tl.ß.Li.t-<..J Signature of Property Appraiser FOR TAXING AUTHORITY: MILLAGE RATE AND GROSS AD VALOREM PROCEEDS AS ADOPTED BY RESOLUTION OR ORDINANCE AT FINAL nUDGET HEARING (§ 200.065(2)(d), F.S.) (4) Voted Debt Service Millage S per SI,O( (4A) Other Voted Millage (MUST BE IN EXCESS OF THE MILLAGE CAP AND FOR A PERIOD NOT TO EXCEED TWO YEARS) S per Sl,O( (5) Non-Voted Operating Millage Rate (From Resolution or Ordinance): (NOTE: COMPLETE A DR·422 FOR EACH DR-420 OR DR-420S) (a) Principal Taxing Authority (COUNTY, MUNICIPALITY OR INDEPENDENT SPECIAL DISTRICT) . . $ per $1,0( (b) Dependent Special Districts $ per SI,O( (:'IIAM~:) If your taxing authority DOES NOT have DEPENDENT SPECIAL DISTRICTS ENTER ·0· (c) MSTU S per SI,O( (NAME) If your taxing authority DOES NOT have MSTU's enter - 0- LRE S per Sl,O( (d) SCHOOL DISTRICTS DISCRETIONARY S per Sl,O( CAPITAL OUTLAY S per Sl,O( (e) MULTI-COUNTIES DISTRICT LEVY $ per Sl,O! BASIN S per SI,O( (SAME) (NAME) BASIN $ per Sl,OI BASIN $ per $1,Q! (NAMt:) ······················*****************NOTICE******************************** You may only adjust the non-voted mlllage rate it the percentage shown on line (3) is greater than ± 3%. This adjustm Is authorized pursuant to § 200.0615(15), F.S. ~ , / ~ . 1 ~ REBECCA E. WALKER~ CFA, CRA PALM BEACH COUNTY· PROPERTY APPRAISER 511-1 FLOOR, GOVERtfÐ(TAl. CENTER 301 NORnt OLIVE AveaJE WEST PALM 8EAQ{, FLORIDA CERTIFIED ~IDo\ N"PRAfSER 33401 ~OHE: (407) 355-2866 HAND DELIVERED January 29, 1990 -- Delray Beach Community Redevelopment Agency Attn: Mr. William E. Finley, Ex. Director 64 S.E. Fifth Avenue Delray Beach, FL 33444 Dear Mr. Finley: . The following represents the 1989 final tax roll valuations for the Delray Beach Community Redevelopment Agency: . . 1989 final just value· $ ·388\ 216,030 (before exemptions) þ , ... 1989 final taxable value $ 290,330,431 (after exemptions) Very sincerely yours, REBECCA E. WALKER, CFA, CRA Palm Beach co~nty Property Appraiser . ø-~ ?;/[ d.,-c L"., Thomas M. Wenham, CFE Assistant Property Appraiser/Public Services /daj cc: Ci ty of Delray Beach../ Mr. Allen C. Clark, Tax Collector Palm Beach County Budget Office Florida Department of Revenue ~ , I t .. : t ~ MEMORANDUM TO: MALCOLM T. BIRD, INTERIM CITY MANAGER (' FROM: JERRY SANZONE, CHIEF BUILDING OFFICIA~~ THRU: LULA C. BUTLER, DIRECTOR, COMMUNITY IM~ROVEMENT~ RE: REVIEW OF PROPOSED CHANGES TO PERMIT REQUIREMENTS PER CORRESPONDENCE FROM SANDY JAMISON --- DATE: FEBRUARY 2, 1990 In reviewing the list submitted by Mr. Jamison, I found that there are 207 items to be addressed (many were duplications). Seventy-eight (78) of these items are not an issue for whether a permit should or should not be required; we are in agreement (List A). Of the remaining items, 41 currently do not require permits, 9 of these items are covered under our new "change out ordinance" with no fee required (List B). We were not able to determine the intent of approximately 28 of the items listed (List C). Therefore, of the 207 items, 60 of them which currently require permits are the issue for staff review and consideration. In considering these items, State Mandates requires permits for over 50% of those listed. Mandates as required under the State's Energy Code, Pure Wa ter Act and FEMA regulations, as well as NFPA 101 Life Safety Regulations. The remaining permit requirements relate to the Standard Building Code and zoning Mandates. To alter permit requirements on these items, the Commission must consider changes to both codes. The Standard Building Code is mandated by the State, but municipalities are allowed to amend the the code to make it more restrictive. The Ci ty cannot make changes that would lend itself to being less restrictive than State Mandates. We have attached itemized lists of the items as projected above for your reference. Staff's concern with the issue of eliminating permit requirements for owner-occupied single family residences centers around the intent to protect the health, safety and welfare of the public. A home may not necessarily remain in ownership of the same family during its existence. Mr. Jamison uses the argument that he only affects his family safety in his home, however, we differ with this position based on statistics documenting the average length of time a person or family changes residence. We've attempted to address the elimination of permits for repair items under our change out ordinance and agree that there are other repair items under our Standard Building Code that should be given the same consideration. These items are identified on a seperate list List D). LB:DQ 1 I . '~/~ ~ . . Delow is a Ii st of repairs, improvemcnt5 or maintenance, which all property owners should be allo"'~d to perform to their propert1cs without the need o (-a lJ I J i I ù i J ItJ permit, except as noted by the followillg: *~*(Building Permit Required) "A" , Active Solar Heat~ng Installation: ***(Building Permit Required) Additions to Exi5tlnq Uuu~c: *** (Building Permit Required) 1 . Deck:::; ***(8uilding Permit Required) 2. Oormcr5,In~tùllation uf ***(Building Permil Required) 3. Kitchen Expan:5.1 ons ***(Building Permit Required) -1 . Wing Addilions ***(Building Permit Required) 5. Conversions and Expansions ***(Duilding Permit Required) Installation of Aluminum Downspots: Installations of Appliances: . l. Window Air Conditioners Central Air Conditioning *** (Building Permit Required) 2 . Compactors 3 . Dishwashers 4 . Garbage Disposal Units 5. Refrigerator 6 . Stoves (Change out-same type only) 7 . Washing Hachines & Dryers ~CRðRE]l: 6\:1t e..1.1'-i 8 . Water Heaters (Change out-only) Attic Hodifications or Installations: 1 . Bathroom, New *** (Building Permit Required) Bathroom, Change out 2. Carpet Installation 3 . Ceiling Installation 4 . Dormers, New ***(8uilding permitt Required) 5. Ducts and Pipes ***(Building Permitt Reqired) 6. Electrical Wiring ***(8uilding Permit Required) 7 . Exhaust Fans - Change out-only 8. Floors, Installation or Replacement *** (Sub-Flooring only-8uilding Permit Required) 9 . Framing of Attic. ***(8uilding Permit Required) 10. Furring of Attic 11. Heating of Attic ***(Building Permit Required) l2. Insulation of Attic 13. Interior,Finish of Attic 14. Kitchenette In Attic ***(Building Permit Required) l5. Partitions, Installation 16. Plumbing (Change out-only) 17. Renovations 18. Skyl ights Installations 19. St¿dr9, Flxed,In~t«llatlons to Attic ***(Require Building Permit) PAGE - 1 ~ I t- o 1 . 20. Unfinished, Conversion:3 of Attic 2'1. Ventilation of 1\tlic..: ~*~(Duildillg Permit Required) 22. Wall Board Installation 23. WillI Pc1J>C I í ng 24. Windows, Installation (Change õÜt-only) 25. Wiring of Attic **~ (Building Permit Requited) Auto'matic Vent Dampners Insallation5: , A....nings, Installation of: Aw-tning Window Installations: (No 5tructural changes) " II " Brick Barbques, Construction of: Baseboard Heating, Installation of: ~~ ~ ?"~C\ ~..~ Basements: l. Ceilings, Installations of: 2 . Conversions of Basements (No decrease of structrual integrity) 3. Drainage System of Basement ***(Building Permit Required) 4 . Exhaust Fans for Basement L~ ~~ ~~) .5. Lighting of Basement ***(Building Permit Required) 6. Partitions of Basements .u ~ $~ ",T'\) ....... 7 . Pipes, Beams & Girders ***(Building Permit Required) 8. Re....novatlons of Basements 9 . Stairs, installation of ***(Building Permit Required) lO. Storage in Basements 11. Sump Pump Installation l2. Walls, Structural Modifications of ***(Building Permit Required) l3. Waterproofing of Bathrooms: 1 . Accessories, Installation of .2. Basins, Lavatories (sinks) 3. Bathtubs (Changeout Only) 4. Bidets,Installations of: ~~& ~ ~...'f 5. Cabinets, Removal or Replacement of: 6 . Ceilings, Installations of: 7 . Fixtures, Installations of: 8 . Floors (Floor Coverings Only) 9. Half Baths, installation of ***(Building Permit Required) 10. Heating of: **·(Building Permit Required) 11. Lighting of (Change out-only) l2. Hirro.... Installation 13. Hoderniz·ing 14. Piping, See Plumbing l5. Prefabricated ***(Building Permit RequIred) l6. Po....er Rooms ***(Bullding Permit Required) 17. Remoldeling Bathrooms PAGE - 2 ~ , ~ . ~ . . . . 18. Renovation3 19. Saunas, Insalallation of ***(Building Permit Required) 20. Sho....ers, In:;tallation3 of ***(Building Permit Required) 21. Skyli<Jht~, In~tallaliorl of ***(Building Permit Required) 2·2 . Storage Space In 23. Subfloor, In!>tallùtioll of ***(Building Permit RequiLed) 24. Tile, Installation of 25. Toilets, installation of '26. Vanitie3, Installation of 27. Ventilation, installation of 28. Wall Coverings 29. Wall Installation, or removal. ***(Building Permit Required) 30. Windo.... In~tallatlons Bathtub(s) 1. Drainage system for ***(Building Permit Required) 2 . Hot Tub Installation ***(Building Permit Required) 3 . Sunken Tubs, Installation of ***{Building Permit Required) Bay Windo.... Installation: (No Structural changes) Beams, Installation of: ***(Building Permit Required) Bearing Walls, Change of: ***(Building Permit Required) Bookcases, Installation of: Branch Circuits, Electrical, see Electrical: Brick: 1. Adobe Walls ***(Building Permit Requir~ù) 2. Garden Walls ***(Building Permit Required) 3 . Patios, Installation of 4 . Brick Barbecues, construction of: 5. Brick Planter Boxes, construction of: Burglar Alarm System Installation ***(Building Permit Required) "C" Cabinets, Removal or Installation of: Carpeting, Wall to Wall, Installation of: Casement WIndo....s, Removal and RepaIr of: Ceilings: 1. Acoustical Tile In9tallatlon 2 . Coverings for, Decorative 3. Fa ns, Insallation of 4 . Insulation Installations 0"1""1::' _ "1 ~ I I . .. . ~ ~ 5. Light Fixtures 6. Pannelinq 7 . Pipes in, Installation o( ***(Building Permit Required) 8 . Planks for, artificial 9 . Plasterboard installation 10. Wall Papering ll. Wood Pan~led & Beam Installation Ceramic::;: 1 . Bathroom Wall, Installation to 2. Concrete subfloor, over 3. Countertop5 4 . Floor, Installing 5. Shover Stall 6 . Walls, Installation of 7 . Chimney Installation -**(Building Permit Required) Circuit Breakers, Installation of ***Building Permit Required) Closets: l. Doors, Installation of 2. Hardvare,Installation of 3 . Pantry Closet, Installation of (No Structural change of) Colar Beams/Ties:See Structural Members Concrete Block,See Foundations "D" Decks, Construction of:*** (Building Permit Required) Demolition, of Existing Structures ***(Building Permit Required) Door(s): 1 . Installation, Removal or Replacement of Dormers(s): 1 . Addition to Existing House ***(BuildIng Permit Required) 2. Framing, Change of ***(Building Permit Required) 3. Insulation of 4 . Interior Finishing of 5. Roof Opening (No Structural Change) 6 . Sheathing, Installation of 7. Windo....s, Installation of (No Structural Change) PAGE - 4 ~ , > t . t ~ Drivl: Wc.JY~1 II (: \J ICI~tallàtion: ~~~(Pelmit Required) Drive Ways I Resurfacing, mainten.Jncc and repairs: "E" Electrical, IlIstallatlons of: *** C Building Permit Required) "F" Fence~, In~t.:dl.Jtion of: Field S~pllc Sy~tems:. ***(Buildinq Pet:mlt RequiJ:ed) Finishing of: 1 . Attics 2. Basement:; 3 . New Construction Fireplaces, Installation of:*** (Building Permit Required) Flagstone Patio Set 1n Motor: Floor Coverings, Installation of: l. Carpeting 2. Ceramic Tile 3 . Parquet (wood) Floor 4 . Vinyl Sheet Flporlng, structural, SUb-Flooring***CBuildlng Permit Required) Framing: 1 . Major Struclrual ***(Building Permit Required) 2 . Minor Structural "G" Gabel Roof,Dormer,Installation: ***(Building Permit Required) Garage, Modification of: Garages, Addition of ***(Building Permit Required) Garden Wall, Installation of: GIrders, Installation of:***(Bullding Permit Required) Glass Porch Enclosure Conversions Greenhouse, Errectlon of:*** (Building permit Required) Gutters and Downspouts: n..,....r"' C ~ , ~ . , ~ t I, "Hit - . HardlJood Floors, Installation of: Heùtinq Syslem~ Installation: ***(Building Permit Requi~ed) , Itllt Indoor Plumbing, Hinor Indoor Plumbing, Major ***(Building Permit Required) Indoor Insulation: Interior Bearing Wall, Change of: ***(Bullding Permit Required) Interior Finishing: tlL" Landscaping: Laundry Sink, installing: Li·ghting, Replacement of Fixtures: Hain Electrical Service: ***(Electrical Permit Required) liP" Painting, Exterior: Panel Installations: Parquet Wood Floors: PAGE - 6 ~ , ! . ~ . , t ~ , r . Parti'tions, Load Bearing: ***(Auilding Permit Required) Partitions, Non-Load Dearing: - ' Paths and Walks: PerInteteI: Burglar Alarm systems: ***(Bul1ding Permit RequIred) , Perimeter Foundations, Installations of: ***(Building Permit Required) Picture Winùo...., Installation of: (No Structural Change) Pier~: Installation of: ***(Building Permit Required) Plastering, General: Plumbing: 1 . Minor 2 . Major ***(Building Permit Required) Ply....ood Paneling, Exterior, Installation: . Plywood Siding, Removal or Replacement of: Porch, Enclosing of: Porch, Foundation, Construction of: ***(Building Permit Required) Poured Concrete Slabs: ***(Buildinq Permit Required) Power Lines and Cables, Modification of: ***(Building Permit Required) "R" Remodeled Bathrooms: Renovations, Any: Retaining Walls, Installation of: ***(Buildinq Permit Required} Roof Framing: ***(Building Permit Required) Roof Coverings, Installations of: 1. Building Paper 2 . Flashing 3 . Metal, Pre-painted 4 . Sheet Roofing 5. Shingles, installation of: 6. Ti Ie 7 . Trim PAGE - 7 ~ , . ,. . f . Rouf rraming: ~~.(Building Permit Required) . , Collar neams, Installation of: ***(Requires Building Permit) Rafters, installation of: Sheathing, Installaiton 0(: , "s" Screens, Repair or Replacement of: Screen Porch, Installation of: Septic Tank, Installation of: ***(Building Permit Required) Security Alarm System, Installation of: ***(Building Permit Required} Septic Tank, Installation of: ***(Building Permit Required) Service Panel, Installation of: ***(Building Permit Required) Shades, (Windov) Installation of: Sheathing, Plyvood, Removal or Installation of: Sheet roofing, Installation of: Sheet Vinyl, Installation of: Shelving, Installation of: Shingles, Exterior Wall Installation of: Shingles, Roof Installation of: Shover Stall, Installation of: Shutters, Installation of: Siding, Installation of: Sinks, Installation of: Skylights, Installation of: Slab Floors, Installation of: ***(Building Permit Required) Sliding Doors, Installation of: Sliding Windovs, Installation of: Smoke Detectors, Installation of: PAGE - 8 ( , t . ~ . ¡ ÿ ~ ; Soffits, Repairs of: Solar Collector~1 Instë\llation of: 1. Solar Electricity ~*~(Building Permit Required) 2 . Solar Heating Units ***(Building Permit R~quired) Soundproofing Ceiling, Installation of: Spiral Staircase, Installation of: ***(Building Permit Required) Staircascz, In~lallalion 0(: ~**(Building Permit Required) Steam H~ating ~y~tcms, Installations of: ***(Building Permit Required) Stoves, Wood-Burning, Installation of: ***(BlJilding Permit Required) Structural Member5, Removal or Installation of: 1. Collar Beams *** (Building Permit Required) 2 . Floor Joists ***(Building Permit Required) 3. Header Joists ***(Building Permit Required) 4 . Rafters ***(Building Permit Required) 5. Sole Plates ***(Building Permit Required) 6. Studs ***(Building Permit Required) 7 . Top Plates ***(Building Permit Required) Stucco Siding, Installation of: Subflooring, Installation of: ***(Building Permit Required) Sump Pumps, Installation of: ***(Building Permit Required) Supporting Posts, Installation of: ***(Building Permit Required) Suspended Ceiling, Installation of: "T" Thermosiphon System,(Solar) Installation of:***(Building Permit Required) Tiles, Installation of: 1. Acoustical 2 . Ceramic 3. Mosaic Toilets, Removal or Replacement of: Track Doors, Installation of: Track Lighting, Installation of: Trim, Installation of: Tub \11th Sho'w'er, Installation of: ***(Bui1dlng Permit RequIred) PAGE - <3 ~ , ! . . f ~ TWO-Cilt Garügl:/F..lIlIlly Room CUrlv(:r~lon ~**(Building Permil R~quired) "Il-Wlt Underfloors, Replacement of:*** (Building Permit Required) Urea Formaldehyde Insulation, Install.3tion of: Urethane In5luc1tloll, Installation of: Vertical Installation of Plasterboard, Installation of: Vertical Siding, Installë:ltion of: Vertical Vinyl Siding, Installation of: Vinyl Gutters & Downspout5, Installation of: Vinyl Siding, Installation of: "W" Wallboard, (Gypsum Board) Installation of: Wall .Coverings, Exterior, Installation of: Wall Coverings, Interior, Installation of: Walls, Exterior, Attaching to House,Installation of: 1. Hortar and Brick ***(Building Permit Required) 2. Wood Frame ***(Building Permit Hequired) Walls, Interior, Removal of:***(Building Permit Required) Walls, Interior, Installation of: Wall·-to-Wa 11 Carpet, Installation of: Washing Hachine, Installation of: Waste Pipe, Installation of: Water Heaters, New Installations of: ***(Bullding Permit Required) Windows, Installations of: 1 . Awning 2 . Bay 3. Casement 4 . Double Hung 5. Jealousies Wood Burning stoves, Installation of:***(Bullding Permit Required) PAGE - 10 ~ , I . ,. . i J ~ ~ 1.:(S7' .A AGl/f:E~lJi:N'I' ON PE1/!.¡!'I' '. 1. SOla~ heat' BE!NG REQIJ!RED 2. Additions ~g i~Stallation a. decks eX1Stlng house b. dormel's C k' · ¡tchen eXPan ' .. d. ~ing addition;"ons e. con"el'Sio ¡. Cent~al ai~ C~sdi~nd e~panSions . Ne~ bath~oo~ lonlng :. DUcts and Pipes 7' Elect~ical ~i~ing 8' Ploo:s and SUb-Eloo~' 9' p~~!ng OE attic 109 (St~UCtual) 1 . H?at¡ng Of att. O. K¡t h ¡C 11 ? enette in att. 12' Sta¡7S to attic ¡C 13' ~entllation OE att, . Drain ¡C 14. Li h ?ge {base~entJ IS. Pi 9 tlng {base~entJ 16 P?S, bea~s, gi~de~ 17' ~tal~s (base~ent) s (base~ent) . 18' Halls (basement) 19' alE baths Heat· 20: P E lng, (bath~Oo~) re abr¡cated (b 21. PO~de~ ~ ath~oO~) 22, SaUnas oo~s (bath~oo~) 23. Showel's 24. SkYlights 25. SUb~floor 26. Wall install ' 27. Bathtub: d~ a~lOn (bath~oO~) 28. Bea~s alnage sYSte~ h t 29. Bea~ing ~all , 0 tUb, sUnken tUb 30. B~ick: s, Changing OE ;. adobe walls 31 B' garden Walls 3' urglar alal'~ 3;' Pi~es in Ceili:::te~ installation . Ch¡mney inSt . 34. Ci~CUit b allatlon 35. Decks reakers 36. De~OI;t~onSt~UCtion OE 37 ¡on oE ex' . · DO~~e~s: lStlng St~UCtU~es a. addi tion to e' , 38 b., E~a~ing, chan X1Stlng house . Dr¡"ewayS ge Of 39. Electrical n~~ 40. Septic sYSt lnStallation OE :~. Fireplaces e~s . Floori ng, st~UCtU~al b ' Su -flOoring ( ¡ I . ,. ¡ , , , 43. Framing, structural 44. Gabel roof, dormer installation 45. Garages - 46. Girders 47. Greenhouse 48. Heating systems 49. Indoor plumbing, major , 50. Interior bearing wall, change of 51. Partitions, load-bearing 52. Perimeter burglar alarm systems 53. Perimeter foundations, installation of 54. Piers, installation of 55. Porch, foundation, construction of 56. Poured concrete slabs 57. Power lines and cables 58. Retaining walls, installation of 59. Roof framing 60. Collar beams, installation of 61. Septic tank 62. Security alarm system 63. Service panel 64. Slab floors, installation of . 65. Solar electricity 66. Solar heating units 67. Spiral staircase 68. Staircases 69. Steam heating systems 70. Stove, wood-burning, installation of 71. Structural members, removal of installation of: a. collar beams b. floor joists c. header joists d. rafters e. sole plates f. studs g. top plates 72. Sump pumps 73. Supporting posts, installation of 74. Thermosiphon system (solar) , installation of 75. Tub with shower 76. Two-car garage/family room conversion 77. Walls, interior removal of 78. Water heaters, new installation ~ ¡ '. - I ~ . ¡ ¡ ~ I . , f ; 12. Mirror installations in bathrooms 13. Tile installations in bathrooms 14. . Vanity installations in bathrooms 15. Bookcase installations 16. Casement windows 17. Paneling 18. Counter tops 19. Doors (Closets) 20. Hardware (Closets) 21: Pantry closet 22. Floor coverings (carpeting, ceramic tile, parquet floor, vinyl sheet) 23. Hardwood floors 24. Interior finishing 25. Landscaping 26. Lighting, replacement of fixtures 27. Painting 28. Screens, repair or replace 29. Window shades 30. Shelving 3l. Tiles (acoustical, ceramic, mosaic), if structual involved 32. Smoke detectors CHANGEOUT PERMITS 1. Basins, Lavatories (bathrooms) 2. Bathtubs 3. Bidets 4. Fans 5. Laundry sink 6. Sinks 7. Toilets 8. Plumbing 9. Water heaters ~ , I . :- ~ . LIST D PERMIT REQUIRED 1. Installation of aluminum downspots 2. Ceiling installation 3. Structural floors 4. Furring of attic 5. Insulation of attic (State Energy Code) 6. Partitions, installation of 7. Skylight, installation of 8. Unfinished, conversion of attic 9. Window, installation (Life Safety Code) 10. Awnings, installation (hurricane hazard) II. Awning window installation (Life Safety Code) 12. Brick barbeques (hurrine hazard) 13. Baseboard heating 14. Basement ceiling (Life Safety Code) l5. Conversion of basement 16. Sump pump (FEMA requirement) l7. Lighting of bathroom (Nat'l Elec Code) 18. Ventilation, installation of (SBCCI Code) 19. Bay window installation 20. Brick: patios, installation of barbeques (hurricane) planter boxes (hurricane) 21. Ceilings: acoustical tile insulation installations (State Energy Code) light fixtures 22. Shower Stall 23. Walls, installation of 24. Colar beams 25. Door, installation of (Life Safety Code) 26. Dormer, insulation of (State Energy Code) roof opening sheathing windows (Life Safety Code) 27. Fences 28. Flagstone, patio set in motor 29. Garden wall, installation of 30. Glass porch enclosure conversion (hurricane hazard) 31. Gutters and downspouts (not pumping on adjacent property) 32. Indoor insulation (State Energy Code) 33. Partitions, non load-bearing 34. Paths and walks 35. Picture window 36. Plastering 37. Plywood paneling, exterior, installation (hurricane) 38. Plywood siding, removal or replacement (hurricane) 39. Porch, enclosing of 40. Remodel bathroom 4I. Renovations, any ~ I .. f . , " 42. Roof Coverings: building paper flashing sheet roofing shingles tile trim 43. Rafters, installation of 44. Sheathing, installation of 45. Screen porch 46. Shingles, exterior wall, installation of 47. Shutters 48. Siding 49. Skylights 50. Sliding doors, installation of 51. Sliding windows (Life Safety Code) 52. Stucco siding 53. Suspended ceiling 54. Urethane insulation, installation of (State Energy Code) 55. Vertical siding 56. Vinyl siding 57. Wallboard (gypsum board) 58. Walls, interior, installation of 59. Waste pipe (Pure Water Act) 60. Windows - awning, bay, casement, double hung, jalousies ~ I ~ . l , ~ · PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: GJ:N ~J~:::TY CLERK FROM: ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING DATE: JANUARY 26, 1990 SUBJECT: SIDEWALK CAFE -- SCHEDULING FOR A CITY COMMISSION WORK SESSION The Planning and Zoning Board has forward the substance of a sidewalk cafe ordinance to the City Commission with its recommendations. A draft ordinance is being prepared by the City Attorney's Office. Because of the scope of the ordinance and of a particular problem with respect to the consumption of alcoholic beverages, it is suggested that the item be workshopped prior to appearance of the enacting ordinance on a regular agenda. The consideration of sidewalk cafe regulations has been a priority of the Commission. Attached is the working document from which the Planning and Zoning Board made its recommendation. For ease of understanding, I have shown the changes which the Board made to the staff draft. These changes highlight the areas of potential controversy. They include: * allowing consumption of alcoholic beverages on a public sidewalk -- the Police Department has voiced a concern with allowing consumption and they point out that consumption on a sidewalk is currently prohibited by Code. Of course, the Code can be changed to allow an exception for a permitted sidewalk cafe. * imposition of a fee: the Board recommended a $ 50.00 processing fee and an annual fee of $ 50.00. -- the DDA had requested that their be no fees; others have argued that there is a value to increased use area and that imposition of a fee is appropriate; however, a high fee e.g. $5 - $lO per sq.ft, was rejected. * not requiring imposition of zoning code requirements for that portion of the sidewalk cafe which is on public property and not requiring parking for the sidewalk cafe or any contiguous outside dining/eating area which may be on private property. · To: Allison MacGregor, City Clerk Re: Sidewalk Cafe -- Scheduling for a City Commission Work Sesseion January 26, 1990 Page 2 I suggest that the above three items be the initial focus of the workshop discussion and then comment on any other aspect of the proposed ordinance. Please note that the P&Z Board did not address legal matters which are being prepared through the City Attorney's Office. The City Commission may have comments on those matters. DJK/dlm .z~t.tachment : * markup of January 22, 1990 P&Z documentation materials * draft ordinance to be furnished by the City Attorney copy without attachments: John Elliot, Assistant City Manager for Management Services Herb Thiele, City Attorney Susan Ruby, Assistant City Attorney Sidewalk Cafe Project File DJK/#58/CCSIDE.TXT [IT' DF DELAA' BEA£H \~ ':1 . . "':;'\¡>,:"'~~'E -' ~ ~- ;...~ ,...... ;i~':'CH ~L0RIS'" 33444 407243- 7000 . ·'::.~10~_A.tiDTJ~ ~)a t ~:'\ F~brual:Y 1. \gC)/'¡ To; C.~~"y ~~.(Jr!\rr'!1 sS:_.'-J:l t/lô-!.colm T Bi [(1,. Interim City ~anag2:· F"':"om~ S'_Lsan Ä RL:by. ~.ssis-+:an~ r:i ty Atto:c"t(~y Subject: S~dewalk Cafe Ord~nance Our: office has prepared the enclosed draft of the Sidewalk Cafe Ordinance bA.sed on back-up materials (a ttached) , pt'ovided by David Kovacs, Director of the Planning and Zoning Department, which were discussed with and presented to t.he Planning and Zoning Board at their meeting of ,January 22, 1990. It is my understanding that this draft orqinance is to be discussed at the City Commission Workshop meeting of February 6, 1990. ~. SAR:ci cc ,J;Jhn Elliott, Assistant City Manager Älison MacGregor, City Clerk David K('vacs, Director of Planning and ZO:1ing Cheryl l,everitt, Admini.st.rati ve Assistant III THE E¡:FORT ALWAYS MATTERS J I .. . Lù~/~ « - . , " -. '-""1' ". r .. ",,.o ...... .., "f "..... .',....' ,¡ ~..'-..;"\ j-..' ;.~: U~{:)IN>.NC2 ~)::?' r:~-!:: !~.: IT ·:C!:'~~"~: .SS I ON :JF THE C:T"£ O? DELRÞ.Y BE]\.":H. ?L.f)RT.D~ , ~"'E~mnTG TI'T."LE DC "GENERAL REGULATIONS", CHAPTER :02, .. ·3'I'REETS .~J:) SIDEWALKS ., BY ENACTING i\ NEW SU3CHAP':':'E.R f "ST.D~"¡ALK CAFES" AND EN?>.CrrUm A N-r.:T"¡ SEC'T.'10N 1.n~.6,), "DEFINITIONS", TO PROVIDE FOrt DEFINIT:ONS; BY ENACTING A NEW SECTION 102,61, "PERMIT EEQUIRED", TO PROVIDE FOR PERMITl'ING OF SIDEWALK CAFES; BY ENACTING A NEW SECTION 102.62, "PERMIT FEES", TO PROVIDE FOR A PERMIT FEE OF FIFTY ($50) DOLLARS PER YEAR TO BE PAID CONCURRENT WITH THE RENEWAL OF AN OCCUPATIONAL LICENSE; BY ENACTING SECTION 102.63, "PERMIT SUBMISSION REQUIREMENTS", TO PROVIDE FOR SUBMISSION OF PROOF OF AN OCCUPATIONAL LICENSE, CERTAIN SITE PLAN REQUIREMENTS, PROOF OF INSURANCE AND HOLD-HARMLESS AGREEMENTS AT THE TIME OF APPLICATION FOR A PERMIT; BY ENACTING SECTION 102.64, "PROCESSING OF APPLICATION", TO PROVIDE FOR REVI EW BY THE CITY ENGINEER AND TECHNICAL ADVISORY COMMITTEE AND THE IMPOSITION OF RESTRICTIONS AND CONDITIONS¡ BY ENACTING SECTION 10¿,65, "GEOGRAPHIC LIMITATIONIt, TO PROVIDE THAT PERMITS SH..'\LL BE ISST'JED IN THE CENTRAL BUSINESS DISTRICT (CBD) ONLY; BY ENACTING SECTION 102.66, "REGULATIONS GOVERNING THE USE, DESIGN AND MAINTENANCE OF SIDEWALK CAFES", TO PROVIDE FOR LOCATIONAL REQUIREMENTS, SIGNAGE, THE SERVING OF ALCOHOLIC BEVERAGES, HOURS OF OPERATION, APPEARANCE, AND SAFETY RESTRICTIONS", BY ENACTING SECTION 102,67, "LIABILITY AND INSURANCE", TO PROVIDE SPECIFICS ON INSURANCE, HOLD HARMLESS AND INDEMNIFICATION REQUIREMENTS ¡ BY ENACTING SECTION 102.68, "DENIAL, REVOCATION OR SUSPENSION OF PERMIT¡ REMOVAL AND STORAGE FEES; CONC'ffiRENT JURISDICTION OF CODE ENFORCEMENT BOARD", TO PROVIDE FOR SUSPENSION, DENIAL, OR REVOCATION OF A PERMIT BY THE CITY MANAGER OR HIS/HER DESIGNEE UPON NOTICE IN NON-EMERGENCY SITUATIONS; TO PROVIDE FOR REMOVAL A..ND STORAGE FEES IF THE PERMITEE FAILS TO REMOVE THE VESTIGES OF THE SIDEWALK CAFE, TO PROVIDE THAT APPEALS OF THE ORDER OF THE CITY MANAGER ARE TO THE CITY COMMISSION, TO PROVIDE THE CODE. ENFORCEMENT BOARD WITH CONCURRENT JURISDICTION BUT ONLY TO MAKE FINDINGS OF GUILT AND TO ASSESS FINES FOR NONCOMPLI- ANCE; BY ENACTING SECTION 102.69, "APPEALS", TO PROVIDE THAT APPEALS OF AN ORDER OF THE CITY MANAGER OR HIS/HER DESIGNEE SHALL BE TO THE CITY COMMISSION AND APPEALS FROM THE CODE ENFORCEMENT BOARD SHALL BE TO THE CIRCUIT COURT, TO PROVIDE FOR NOTICE AND TIME FOR THE APPEAL, TO PROVIDE THAT FILING AN APPEAL SHALL NOT STAY THE ORDER OF THE CITY MANAGER; PROVIDING A SAVING CLAUSE: PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: œœ~~ ~ · Se .:t:O:ì 1. r.rru·~ Tl.t.1e IX.. "S~.'1eral RcgulatLons", Chapter 1'~2, "Str:eets and Sidewalks~' of t:1e Code of Ordinances of the City Qf Delray Beach FlQrida, be ;:ind the same .is hereby amended by enacting 3. new subchapter, "Sidewalk CaLes" and section 102.60, "Definitions", to read as follows~ SIDEWALK CAFES 102.60. Definitions For the PU1"pOSe of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. "Persœl". A person, '::Jrporatìon, part.nership or other legal entity. "Sidewalk". ThRt portion of the right-of-way bet.ween the edge of th0 roadway and the adj acent property line provided for exclusive or primary use by pedestrians. "Sidewalk Cafe". A group of tables and chairs and permitted decorative and accessory devices situated and maintained upon the sidewalk used for the cons11.'11ption of food and beverages sold to the public from or in an adjoining business. section 2. That. Title IX, "General Regulations", Chapter 102, "Streets and Sidewalks" of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Section 102.6l, "Permit Required", to read as follows: 102.61 Permit Required It shall be unlawful for any person to establish a sidewalk cafe on any sidewalk unless such person has obtained a valid permit to operate a sidewalk cafe fr6m the City Engineer pursuant to this subchapter. The permit shall be requested on a form which shall be provided by the City Engineer upon request. No permit shall iss'le until all the requirements of this sllbchapter have been met. permi ts shall not be transferable. Section 3. That Title IX, "General Regulat:ions" I Chapter 10-2, "Streets and Sidewalks", of the Code of Ordinances of the Cìty of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Section 102.62, "Permit Fee", to read as follows: 102:62 Permit Fee An application fee of fifty dollars '$50.00) shall accompany a pex'rnit request. Thereafter, an annual fee of fifty dollars ($50.00) shall be paid concurrent with t:he t'enewal of an occupational license for the business which holds the permit. Sect.ion 4. That Title IX, "General Regulations", Chapter 102, "Streets and Sidewalks", of the Code of Ordinances of the City of 'Delray Beach, Florida, be, and the same is hereby amended by enacting Section 102.63, "Permit Submission Requirements", to read as follows: ') ... ORD. NO. rf1m~Rl? ~ Uu Ü-J If U - 102.63 Perm..:..':: Submission Requirements , In addition to tn0 required permit application and permit fee, the following must be provided at the time the application is submitted. (A) A copy (If a valid occupational license. (B) Site p1.an of the area bet.ween the store front and vehicu- lar travel surface, drawn to a minimum scale of (One fourth inch equals one foot) which shows: ( 1 ) The store front and all openings (doors, windows). ( 2 ) The location of curb, sidewalk, and any ut.ili ty poles, fire hydrants, landscaping, or other i tE'.InS, wi thin the right-of-way and private propertý, bet'o\1een the curb and the store front. ( 3 ) The location of any of the above items which are within six feet ( 6 I ) of the ends of the proposed use area; and the location of parking spaces (or use of t.he street) adjacent to the proposed use area. í 4) Clear delineation of the boundary between private property and the right-of-way. ( 5) Delineation of "clear pathways" and "clear distances" as required by Sections 102.66(E' and (F) , of this subchapter. ( 6 ) Proposed location of chairs, tables, and other private features. ( 7 ) Photographs and/or manufacturer brochures depicting the chairs, t.able, umbrellas and other private features including, but not limited to, lighting to be used in the proposed sidewalk cafe area. ( C) Proof of Insurance (D) Hold Harmless Agreement in a form acceptable to the City Attorney. Section 5. That Ti.tle IX, "General Regulations", Chapter 102, "streets and Sidewalks", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting Section 102.64 to read as follows: 102.64 Processing of the Application Upon receipt of the complete application, the City Engineer shall seek comments from the Fire Department, the Police Department, the Building Department and otherS3s deemed appropriate. When comments are received, the application shall be reviewed by the Technical Advisory Committee. City Engineer may issue a permit, subject to conditions and restrictions -3S set fort'r1 in this subchapter and may impose conditions or restrictions as recommended by the Technical Advisory Committee. Section 6. 'rhat Title IX, "General RegulationsU, Chapter 102, "Streets and Sidewalks", of the Code of Ordinances of the City of Delray 3 ORD. NO. rm ffi ~ tf ~ Ju · Beach I Florida I be ¡ and tht? s'::tme is hereby 'U'!'lended by en3.cting -3. new Section 102.65, "Geographic Limitation", to read as follows. 102 65 Geographic Limitation A permit fer a sidewalk cafe shall be issued only within the Central Business District (CBD) zoning district designation. Sect.ion 7. Tha.t Title IX, "General Regulations", Chapter 102, "Streets and Sidewalks", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Section 102.66, "Regulations Governing the Use, Design, and Maintenance of Sidewalk Cafes", to read as follows: 102.66 Re~~lations Governing the Use, Design and Maintenance of Sidewalk Cafes (A) A sidewalk cafe shall only be established in conjunction with a legally established restaurant and/or takeout food store, where the food product is prepared, processed, or assembled on t.he premises (for example: deli, ice cream store, sandwich shop). (B) À sidewalk cafe may only be established in front of the ~lsiness with which it is associated. (C) Alcoholic beverages may be consumed at a sidewalk cafe. (D) The use of the tables and chairs at a sidewalk cafe shall be only for the customers of the adjacent business. (E) ]I.. clear pathway with a minimum 'Ñidth of five feet (51) shall be maintained fOI through pedestrian traffic. A greater width may be required ~s a condition of approval. (F) A clear distance with a minimum of five fe~t (5') shall be provided from any a1ley, crosswalK, fire hydrant, or similar situation. A greater clear distance may be required as a condition of approval. (G) There shall be no signs or advert.ising other than j a menu board; previously approved business signs; logos (other than the name of the business) upon table umbrellas; as otherwise allowed and permitted through the sign code. (H) Use area and/or se.ating capacity realized through a s:i.dewalk cafe use and contiguous outdoor dining areas shall not. envoke provisions of the zoning code as t.hey pertain to parking or other matters. {I) Food may be carried to tables by patrons or served by a table waiter. Food shall not be prepared in the sidewalk cafe area nor shall there be a waiting area or a reservation/seating station within the sidewalk cafe area. 4 ORD. NO. [æ~~U (J) H.)'u; s :..,: Oper-do ':". ion shall be the same 3.S ":he associated b,...,Sinesses. (K) The permi.+: may b~ suspended upon writ~en notice of the City Ma.nager or his/her designee of the sidewalk cafe, and removal may be ordered by the City when necessary to to c1e~r sidewalk areas for special events, or when utility repairs necessitate such a.ction. The City however, may immediately remove or relocate all or parts of the sidewalk cafe or order said removal or relocation in emergency situations, without written notice. (L) Tables, chairs, \mIDrellas and any other objects provided with the sidewalk cafe shall be of quality design, materials, a.nd workmanship; both to ensure the safety and convenience of users, and to enhance the visual and aesthetic quality of the urban environment. Design, materials and colors shall be harmonious and compatible with the urban environment. (M) Tables, chairs, umbrellas, and any other objects provided within a sidewalk cafe shall be maintained in a clean and attractive manner and shall be· in good repair at all times, ensuring a tidy and neat appearance. (N) The sidewalk area, covered by the permit, shall be maintained in a neat and orderly manner at all times and the area shall be cleared of all debris on a periodic bases during the day and again at the close of each business day, ensuring a tidy appearance. (0) No tables, chairs, or any other part of sidewalk cafes shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixtures, curb or sidewalk within or near the permitted area. Section 8. That Title IX, "General Regulations", Chapter 102, "Streets and Sidewalks", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Section l02.67, "Liability and Insurance", to read as follows: 102.67 "Liability and Insurance (A) Prior to the issuance of a permit, the applicant shall fu.rnish a signed statement that the permitee shall hold harmless the City, its officers and employees and shall indemnify the City, its officers and employees from any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. (B) permitee shall furnish insurance and insurance certifi- cate and maintain such public liability, food products liabi li.ty, and property damage insurance from all claims and damages to property or bodily injury, including death, which may arise from operat.ions under the permit or in connection therewith. Such insurance shall provide coverage of not less than three hundred thousand dollars ($300,000) for bodily injury, and property damage respec- 5 ORD. NO. Wœ&~U · ,. tively, pel ;:)c(:urrencc. Such in.surance shall na...ne the City, l\:.':; :Jfficers and employees as additional in:;ureds and shall further provide that the policy shall not. terminate or be cancelled without thirty (30) days written notice to the City. Section 9. That Title IX, "General Regulations", Chapter 102, I' streets and Sidewalks", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Section 102.68,. "Denial, Revocation, or Suspension of Permit; Removal and Storage Fees; Emergencies", to' read as follows: lO2.68 Denial, Revocation, or Suspension of Permit; Removal and Storage Fees; Concurrent Jurisdiction of the Code Enforcement Board ( A) The City Manager or his/her designee may deny, revQke, or suspend a permit of any sidewalk cafe in the City if it is found that: ( 1 ) Any necessary business or health permit has either been sl.:.spended, re"10ked, or cancelled or has lapsed. ( 2 ) The permitee does not have insurance which is Gorn~ct and effective in the minimum amount described in Section 102.67 of this subchapter. ( 3 ) Changing conditions of pedestrian or vehicular traffic cause congestion necessitating removal of the sidewalk cafe, in order to avoid danger to the healt.h, safety or general welfare of pedestrians or vehicular traffic. ( 4 ) The permitee has failed to correct violations of this subchapter or conditions of permitting wi.t.hin three ( 3 ) days of receipt of written notice of same. (B) The Ci t·y- may remove or relocate or order the removal or relocation of tables and chairs and other vestiges of t.he sidewalk cafe and a reasonable fee charged for labor, transportation, dnd storage, should the permi t.ee .rail to remove said items wi thin thirty-six (36) hours of receipt of the written notice from the City Manager ordering removal or relocation. However, in the event of an emergency, no written notice of relocation or removal shall be g1 'Ten and relocation and/or removal shall commence immediately. ( C) The permitee may appeal the order of the City Manager pursuant to Section 102.69. (D) The Code Enforcement Board. shall have concurrent jurisdiction over violations of this subchapter, but may only assess fines for noncompliance with the requirements of this subchapter. 6 ORD. NO. rrnm ,fA ~ 1r '\, '! L~ ~ ~ L'- · · · Section 10. '1'hat 'I'i t.le IX: "General Regulati.ons" , Chapter 102, "Streets and Side',yalks", of the Code of Ordinances of the Ci ty of Delray Beach, Florida, be, and t.he same is hereby amended by enacting a new Section 102.69, "Appeals", to read as follows: 102.69 A.ppeals ( A) . Appeals of the decision of the City Manager or his/her designee shall be initiated within ten (lO) days of a permit denial, revocation, or, suspension, or of an order of removal or relocation by filing a written notice of appeal with the City Manager. (B) The City Manager shall place the appeal on the first auailable regular City Commission agenda. A.t t.he hearing on appeal, the City Commission shall hear and det.ermine the appeal, and the decision of the City Commission shall be final and effective immedi- at.ely. (C) The filing of a No·tice of A.ppeal by a permitee shall not stay an order of the City Manager or his/her designee regarding the suspension, revocation, denial of the permit or the relocation or removal of the vestiges of the sidewalk cafe. Vestiges of the sidewalk cafe shall be removed as set forth in this subchapter, pending disposition of the appeal and the final decision of the City Commission. ( D) Appeals from the decision of the Code Enforcement Board shall be to the Circuit Court and not to the City Commission. Sect:ion 11. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent. jurisdiction to be invalid, such decision shall not affect. the val idi t.y of the remai.nder hereof as a whole or part thereof other than the part declared to be invalid. Section 12. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section l3. That this ordinance shall become effective ten (10) days from its passage upon second and final reading. PASSED AND A.DOPTED in regular session on second and final reading on this the day of . 1990, MAYOR ATTEST: City Clerk Fir·st Reading Second Reading 7 ORD. NO. mm ~ ~ ~ s: i.....,-...J I ~ . - . 'L... .,~ PLANNING AND ZONING DEPARTMENT MEMORANDUM , TO: ~ON MACGREGOR, CITY CLERK FROM: I~}j~*~bR DEPARTMENT OF PLANNING AND ZONING DATE: JANUARY 26, 1990 SUBJECT: SIDEWALK CAFE -- SCHEDULING FOR A CITY COMMISSION WORK SESSION The Planning and Zoning Board has forward the substance of a sidewalk cafe ordinance to the City conunission with its reconunendations. A draft ordinance is being prepared by the City Attorney's Office. Because of the scope of the " ordinance and of a particular problem with respect to the consumption of alcoholic beverages, it is suggested that the item be works hopped prior to appearance of the enacting ordinance on a regular agenda. The consideration of sidewalk cafe regulations has been a priority of the Conunissfon. Attached is the working document from which the Planning and Zoning Board made its reconunendation. For ease of understanding, I have shown the changes which the Board made to the staff draft. These changes highlight the areas of potential controversy. They include: * allowing consumption of alcoholic beverages on a public sidewalk -- the Police Department has· voiced a concern with allowing consumption and they point out that consumption on a sidewalk is currently prohibited by Code. Of course, the Code can be changed to allow an exception for a permitted sidewalk cafe. * imposition of a fee: the Board recommended a $ 50.00 processing fee and an annual fee of $ 50.00. -- the DDA had requested that their be no fees; others have argued that there is a value to increased use area and that imposition of a fee is appropriate; however, a high fee e.g. $5 - $lO per sq. ft. was rejected. * not requiring imposition of zoning code requirements for that portion of the sidewalk cafe which is on public property and not requiring parking for the sidewalk cafe or any contiguous outside dining/eating area which may be on private property. ~ I l- . , ~ '.0 ., II T<.; Allison MacGregor. city Clerk . / Re: Sidewalk Cafe -- Scheduling for a City CommissiOD Work Sesseion January 26, 1990 Page 2 . I suggest that the above three items be the initial focus of the workshop discussion and then comment on any other aspect of the proposed ordinance. Please note that the P&Z Board did not address legal matters which are being prepared through the City Attorney's Office. The City Commission may have comments on those matters. DJK/dlm ~ttachment: * markup of January 22, 1990 P&Z documentation materials * draft ordinance to be furnished by th~.City Attorney copy without attachments: John Elliot;· Assistant City Manager for Management Services Herb Thiele, City Attorney Susan Ruby, Assistant City Attorney .. Sidewalk Cafe Project File DJK/#58/CCSIDE.TXT ~ I I ~ . f ~ - I /RECt;'! JAN 2 6 90 M E M 0 RAN DUM S T A F ·F R E P R T INGi '., "I TO: PLANNING AND ZONING BOARD \ OF DELRAY BEACH ~ ~U~ V FROM: D VID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: AGENDA ITEM III. A., MEETING OF JANUARY 22, 1990 SIDEWALK CAFE REGULATIONS ITEM BEFORE THE BOARD: The i tern before the Board is that of conducting . a public hearing, taking testimony, anà then preparing a recommendation to the City Commission with respect ~o the topic of sidewalk cafe regulations.' A "sidewalk cafe" is the use of public right-of-way (the sidewalk) by having tables and chairs thereon for the consumption of food which is obtained from an adjacent business. BACKGROUND: In the fall of 1989, the City Commission raised the topic of allowing sidewalk cafes. At first it was thought that the subject was to deal with outdoor dining; however, upon reporting to the City Commission that outdoor dining was allowed on private property, clarification was provided that the topic was to focus on use of sidewalks for such purposes. Subsequently the DDA and CRA have endorsed the concept of allowing such a use of public space. The DDA provided ordinances from the City of Miami and the City of West Palm Beach. These cities each treated the matter d\ff.e1e.~\~ . Please refer to the "working paper/notes" which were prepared for a January l2th worksession for a comparison of the approach~. Based upon discussion at the January l2th worksession and comments from the DDA Director that the process should be as simple as possible; from the Police and Fire Departments regarding consumption of alcoholic beverages; and Board direction to approach the matter on an "experimental" (trial) basis the following parameters and requirements are proposed. 1fI,A ~ I p- . ~ . P&Z Staff Report Sidewalk Cafe Regulations Page 2 . - . PROPOSED REGULATIONS: Location in Code: Allow for the establishment of a '-"'sidewalk cafe" under provisions of the Streets and Sidewalks regulations (Chapter 102) in a new subsection. (This allows establishment of the use by permit without public hearing or action under standard land use procedures. However, provisions are made for technical reviews and approvals prior to issuance of a permit). Definition: A group of tables and chairs, and permitted decorative and accessory devices situated and maintained upon the public right-of-way (sidewalk) for the use and consumption of food and beverages sold to the public from or in an adjoining business. Permit Required: No person shall establish a sidewalk cafe on . any public street or sidewalk unless such person has obtained a valid permit to operate that sidewalk cafe in such a manner pursuant to this subchapter. A permit for "use of right-of-way" shall be obtained from the Ci ty . Engineer. The permit shall be requested on a form which shall be provided by the City Engineer upon request. Submission Requirements: In addition to the required permit application, the following must be provided at the time the application is submitted: * copy of valid occupational license * site plan of the area between the store front and vehicular travel surface, drawn to a minimum scale of ~I _ Sf, which shows: ~';: I J - store front and all openings (doors, windows) - location of curb, sidewalk, and any utility poles, fire hydrants, landscaping, or other item~ within the right-of-way and private propert~ between the curb and the store front - the location of any of the above items which are within six feet ( 6 ' ) of the ends of the proposed use area; and the location of parking space~(or use of the street) adjacent to the proposed use area - clear delineation of the boundary between private property and the right-of-way - delineation of "clear areas" and "through pedestrian way" - proposed location of chairs, tables, and other private features - photographs and/or manufacturer brochures depicting the chairs, tables, umbrellas and other private features including any lighting ~ I ~ . , 'I « ~ P&Z Staff Report Sidewalk Cafe Regulations Page 3 ~ 50--- .. Permit Fee: An application fee of $50.00 sha}r accompany a permit reque.st. Thereafter, an annual fee of .....11. ra Q per aII.u.l!':' ~ ~ee~ ai ~__ __~-shall be paid concurrent with the renewal of the occupational license for the business which holds the permit. process: Upon receipt of a complete application, the City Engineerl shall seek comments from the Fire Department, the Police Department, the Building Department and others as he deems appropriate. When comments are received, the application shall be placed before the Technical Advisory Committee for review. Thereafter, the City Engineer shall issue the permit subject to conditions and restrictions as set forth in this subsection and as ma'!. ·be imposed by recommendation of the Technical Review Committee. (Note: . There is no review or action by the DDA, CRA, CAB, HPB, P&Z Board or the City Commission.) A permit request may be denied if, in the opinion of the City Engineer, the conduct of a sidewalk cafe cannot be established in a safe manner or if the proposed use will inappropriately interfere with public needs. Any conditions imposed by the City Engineer may be appealed to the City Commission. Geographic Limitation: A sidewalk cafe permit shall be allowed only wi thin the zoning district designation of Central Business District ( CBD ) . . (Note: This limitation shall be reviewed in 1991 and consideration shall be given, at that time, to expansion of the areas within which a sidewalk cafe may be allowed). Use and Design Regulations: ~ l. A sidewalk cafe.meÿ- only be established in conjunction with a legally established restaurant and¡'or takeout food store where the food product is prepared, processed, or assembled on the premises (deli, ice cream store, sandwich shop). 2. A . sidewalk cafe may only be established in front of the business with which it is associated. 3. Alcoholic beverages ~be consumed at a sidewalk cafe. [Note: Besides setting a precedent for consumption of alcohol in public places (currently prohibited by l13.02), ( the consumption of alcohol is subject to additional \ . locational requirements (ll3.16 & ll3.l7)] 4. The use of the tables and chairs at a sidewalk cafe shall be for the customers of the adjacent business. ~ , ~ . , ~ ~ ; P&Z Staff Report Sidewalk Cafe Regulations Page 4 - . ,-' ~ (I) 5. A clear pathway with a minimum width of ~feet shall be maintained for through pedestrian traffic. A greater width may be required as a condition of approval. , 6. A clear distance with a minimum of ,,-. (f) ~ feet shall be provided from any alley, crosswalk, fire hydrant, or similar situation. A greater clear distance may be required as a condition of approval. 7. There shall be no signs or advertising other than a) a menu board; b) previously approved business signs; c) logos, other than the name of the business, upon table umbrellas; d) as otherwise all0ä:1 and permitted thaough the sign code. !'£¡ ~~~ ..u.I- "'''0- 8. Use ea and/or sating capacity realized through a sidewalk ~ cafe use shalltinvoke provisions of the zoning code as they pertain., to parking or other matters. . 9. Food may be carried to tables by patrons or served by a table wai tar. Food shall not be prepared in the sidewalk cafe area nor shall there be a waiting area nor a reservation/seating station within it. lO. Hours of operation shall be the same as the associated business. Legal Considerations: The City Attorney's Office will provide technical language which accommodates the following: l. That the permit be non-transferable 2. Ability to remove, or require removal for utility work, emergencies, and special events 3. Liability and hold-harmless provisions 4. Maintenance of chairs, tables, umbrellas, and keeping of a good appearance 5. Ability of the City to terminate the use, basis thereof, and appeal procedure 6. Owners responsibility for maintenance and clearing of sidewalk Refer to sections 54-ll5 ( Liabi li ty and Insurance), 54-ll6 Form and conditions of permit) , and 54-ll7 Denial, revocation or suspension of permit, removal and storage fees, emergencies) as set forth in the City of Miami code. REF/DHJ#57/PZSIDE.TXT ~ I f- . 1 . Delray Beach Police Department .. @ 300 West Atlantic Avenue . Delray Beach, Florida 33444-3666 _ ~ (407) 243-7888 Fax (407) 243-7816 CHARLES KILGORE Chief of Police MEMORANDUM TO: David Kovacs, Planning Director FROM: Chief Charles Kilgore DATE: January 11, 1990 SUBJECT: CONSUMPTION OF ALCOHOL AT SIDEWALK CAFE'S In . response tq your memo regarding the sale and consumption of alcoholic beverages at sidewalk cafe's. there are a few concerns I would like to bring to your attention. In past years there has been a problem with individuals consuming alcoholic beveraqes in public places. which is. in violation of Ci ty Ordinance Chapter ll3. .. Many of the violations consisted of individuals si ttinq in a group or individually behind a business that sells alcoholic beverages and consuming same. By permitting the consumption of alcoholic beverages at sidewalk cafe's it may appear to discrim- inate unfairly against certain individuals wishing to eat lunch and consume alcohol in places other than sidewalk cafe's or in other public areas. This also may subsequently lead to merchants throughout the city that sell beer. wine and other forms of alcoholic beverages. as well as take out sandwiches to set up tables in front of their businesses and operate as a sidewalk cafe'. This may include: l. Local convenience stores 2. Auto service stations with retail food and beverage sales This in no way should be perceived that we are against the idea of having sidewalk cafe's in the City of Delray Beach. however, consideration. regarding these concerns should be addressed. ~~~ tJr~ HARLES KILGOR Chief of Police CK:RL:vls PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER ~ , I . .- . r t " , 31 CHAPTER 113: ALCOHOLIC BEVERAGBS Section individual serving and consuming (but not selling) any alcoholic beverage in hi. General Provisions home after the closing hours ..tablished 113.01 Detini tions herein and during the hours set forth above. 113.02 Consumption prohibited in ('SO Code, ~ 3-2) Penalty, see S 113.99 public places S 113.16 AREAS AND LOCATION WHERE SALES Sale of Alcoholic Beverages PERMITTED. , 113.15 Hoúrs of sale and Alcoholic beverages for consumption consumptionl exemption on the premises may be sold in any 113.16 Area and location where sales appropriatelý zoned district and in permitted chartered private nonprofit club. or golf 113.17 Sale near church or school course club house. except that not more 113.18 Bottle clubs I nuisance than one vendor of malt beverage. ·113.19 Intoxicated persons on containing alcohol of more than l' by premises where alcoholic weight for oonsæ.ption on the pr..i.e. or beverages are sold one vendor of beverage. containing alcohol of mòre than n by weight and not 113.99 penalty mar. than In by Weight and wine. regardless of alcoholic content for GENERAL PROVISIONS consumption on the premises .hall be located within an~ one block fronting on S 113.01 DEFINITIONS. a street nor in t e block immediately across the street, unless the The definitions as set forth in F.S. establishment is a duly licensed S 561.01 are hereby adopted by reference. restaurant serving full course m.al. at ('SO Code, S 3-1) tables. Rovev.r-, this section .hall not apply to any·busin.... now operating, or S 113.02 CONSUMPTION PROHIBITED IN to the assigns or grantees of any per.on PUBLIC PLACES.. now operating at existing location.. No alcoholic beverages shall be ('SO C9de, S 3-4) (ord. 71-8S,. p....d a-13-8S) Penalty, see S 113.99 consumed on the sidewalks, on the public beach, in public parks, in motor vehicles S 113.17 SALE NEAR. CHURCH OR SCHOOL. or trailers, or on business property . ~i outsid*. the building unless seated at (A)· No alcoholic beverage. shall be permanent table. provided by the sold' wi thin the corporate limits of the busine.s. It shall be prima facie city, at any place of business, location, evidence that alcohol was being consumed or establishment within 300 feet of any by any person. in possession of an open established school or church. The container containing alcoholic beverages distance of 300 feet shall be measured as while on the sidewalks, on the public follows: beach, in public par ks, in motor vehicles or trailers, or on business property (1) pertaining to established outside the building unless seated at schools. Three hundred feet from the perman~nt tables provided by the business. neares~ point of the building of the ('SO Code, § 3-6) Penalty, see § 113.99 place of business, location, or establishment, to the nearest point of SALE OF ALCOHOLIC BEVERAGES the school grounds in use as part of the school facilities. S 113.15 HOURS OF SALE AND CONSUMPTION; EXEMPTION. (2) pertaining to established churches. Three hundred feet from the (A) Rours of sale and consumption. nearest point of the building of the It shall be unlawful (except as provided place of business, location, or in division (9) below) for any person to establishment, to the nearest point of sell, serve, consume, or deliver, or the church building or buildings. permit to be sold, consumed, served, or delivered any alcoholic beverage (3) The distance of 300 feet containing over l' of alcohol by weight, shall be measured by a straight line. in the city during the following hours: From 2:00 a.m. to 12:01 p.m. on Sundays, (B) The above and foregoing division and 2:00 a.m. to 7:00 a.m. on Mondays (A) shall not ap~ly to: through Satùrdays except only on January 1 when the closing hour shall be extended (1) Any duly licensed grocery to 4: 00 a.m. store selling wines or beers in yackages and for consumption off the prem sese (B) Exemption for serving and consuming in private homes. None of the (2) Any restaurant holding a above provisions shall apply to an special restaurant license issued by the ~ ~ . 1 . S 113..18 , DEL RAY BEACH ALCOHOLIC BEVERAGES 32 . - -- Departaent of Busine.s Regulation of the for which another penalty is not State, Division of Alcoholic Beverages specifically provided shall, upon and TObacco, pursuant to the rules and conviction, be subject to a fine not regulation. of the Florida Administrative exceeding $500 or imprisonment tor a term Code, Rule. of the Division of Beverages, not exceeding 90 days, or both~ Each day Chapter 7A ·Vendors or Licensees·, any violation shall continue to exist section. 7A-3.14, 7A-3.1S, 1A-3.1S and shall con.titute a separate of tense. 7A-3.17, or any succe.sor, or substitute rules pertaining thereto. ( · 80 Code, S 3-3) (Ord. 15-79, passed 3-12-79) Penalty, .ee S 113.99 5 113.18 BO'l."1'LE CLOBS, NUISANCE'. (A) Por purpose. of this chapter, ·BOT'l'LI <:LOB· shall mean any e.tab11snaent, club, organization, as.ociation, corporation, or proprietorship not licensed or regulated under F.S. Title XXXIV, ·Alcoholic Beverage.,· and which permits the on-pre.i... consuaption of alcoholic I beverages or perait. the mixing of alcoholic beverages for the on-premises consu.ptlon of those, and which conducts the activity in connection with the , exchange of con.ideration, regardl.ss of what consideration is exchanged. (8) It is declared that the establishment or operation of a bottle club is a fUblic nuisance, and the same are prohib ted. Provided that nothing hereln shall prqhlbit bona fide nonprofit - organizat~ons, including, but not exclusive to, social clubs, fraternal organizations, business leag~s, athletic a.sociations,.. employee benef i t associ- a tions, and hemeowner'. associations from conducting or sponsoring events at which the consumption of alcohol is merely incidental to a bona fide organizational pur~ose, whether or not consideration is exc anged at this event. Nothing herein shall prohibit the renting of facilities tor the purpose of holding special sooial event. or fund-raising events at which the consumption of alcohol is merely , incidental to the special social event or fund-raising event, whether or not consideration is paid at this event tor mixers, setups, and the like. (' 80 Code, 5 3-7) (Ord. 12-83, passed 2-8-83) Penalty, se. 5 113.99 S 113.19 INTOXICATED PERSONS ON PREMISES WHERE ALCOHOLIC BEVERAGES ARE SOLD. It shall be unlawful tor any intoxicated person to loiter in and about ani premises used or occupied, for the sa e ot alcoholic beverages. It shall be . the duty of the operator of the premises to remove those intoxicated persons from the premises. ('80 Code, S 3-5) penalty, see S 113.99 ~ S 113.99 PENALTY. Any person, firm, or corporation who violates any provision of this chapter ~ , , ~ . , ~ . To: Davis Kovacs, P&Z Board Jan 18, 1990 . From: Bill Finley, ExecDir, DDA Re: Regulations for Sidewalk Cafes The DDA discussed all the aspects of this subject and passes on its views. It would welcome the opportunity to discuss these matters with you, the P&Z Board and the City Commission. 1. Sidewalk cafes on private and public property should be permitted as a matter of right in the CBD and LC zones initially. 2. On private property, all regulations should apply except that additional parking should not be required other than that for the restaurant itself. 3. On public property, it could only be an outside extension of any food serving outlet. A deli with indoor tables would qualify, as would an ice cream store having the same, as. would a fast food place with no indoor tables. No additional parking required. A public property use permit should be issued by a department of the City and would not be subject to other regulatory or review bodies. Appeal to City Commission. There should be no additional fees for outdoor extensions of food serving outlets. A five foot public pedestrian way would have to be reserved on a public sidewalk and may not include any area in which there are barriers to pedestrian traffic. The permit would continue until cancelled by the City department based on complaints or health violations or the restaurant went out of business. It could be tied to the occupational license. No display of merchandise would be allowed. The area for tables and chairs should be buffered by portable planters, fences or other method of demarcating the private use of the public space. Only patrons of the cafe would be allowed to use the outdoor dining space. Signs and advertising would be limited to the menu of establishment and names on the umbrellas, if used. RECEIVED Tenant responsible for cleaning the area. I JAN 1 9 90 PLANNING &ZONING ~ . I ~ . f II . . PLANNING AND ZONING DEPARTMENT MEMORANDUM . TO: ALISON MACGREGOR, CITY CLERK ~UU~J FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING DATE: JANUARY 26, 1990 SUBJECT: SCHEDULING OF T.D.R. DISCUSSION FOR A CITY COMMISSION WORK SESSION The City Commission has directed that the topic of Transfer of Development Rights (TDRs) be addressed by the Planning and Zoning Board. The Board did review this concept at a work session on January 12th and at a regular meeting on January 22nd. At its regular meeting, the Board declined to make a formal recommendation on the concept due to its complexity and newness. However, they did suggest that it be placed on a forthcoming City Commission workshop so that further direction could be gleaned. After such a workshop, the Board would like the item remanded for a formal public hearing and development of a formal recommendation. Attached is the background material which has been reviewed by the Board and which should be the focus of the work session item. Attachment: - P&Z Staff Report re LDR Concept c: Herb Thiele, City Attorney John Elliot, Assistant City Manager for Management Services TDR Project File DJK!#57/CCTDR.TXT . , . t Lù~ r:., . , ~ M E M 0 RAN DUM S T A F F R E P 0 R T TO: PLANNING AND ZONING BOARD ~ OF DEL RAY BEACH FROM:~vfu~TOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: AGENDA ITEM III.B, MEETING OF JANUARY 22, 1990 TRANSFER OF DEVELOPMENT RIGHTS -- REGULATIONS ITEM BEFORE THE BOARD: The item before the Board is that of conducting a public hearing, taking testimony, and then preparing a recommen- dation to the City Commission with r~spect to the topic of Transfer of Development Rights. ¡, BACKGROUND: , , The concept of Transfer of Development Rights, or TDR's, is common in planning literature. A"few years ago it was discussed by the P&Z Board as a growth control mechanism. As such a mechanism it has little applicability in Delray Beach. More recently, however, as we have addressed how we meet some objectives of the Comprehensive Plan (the Plan~ it has again surfaced. Some of the items on which TDR's might be used include: * preservation of historic structures and sites; * obtaining land for public facilities (e.g. fire station, tennis center, water storage tank, etc); * preservation of designated conservation areas; * any time when a voluntary action would aide in fulfilling a policy or objective c::5f' the Plan. One of the tasks which must be faced with the concept is to determine to where the rights might be transferred. Some potential receiver areas include: * "redevelopment" (white) areas delineated on the Future Land Use Map --- in these areas land use intensities which are greater than those allowed elsewhere by the Plan may be allowed; 11LY3 ~ , I ~ . ~ ., P&Z Staff Report Transfer of Development Rights -- Regulations Page 2 * geographic areas in which height increases are allowed -- at present, an increase in intensity is not allowed concurrent with the height increase. TDR's may be a reason for accommodating an increase in intensity; * providing a residential equivalent for office use rights which are to be transferred -- this mechanism can be accommodated in the above situations; in other situations)where an increase in. allowable density above that allowed by the Plan (l2 units per acre) is contemplated, would first require an amendment to the Land Use Element. PROPOSED REGULATIONS: Location in Code: Zoning Code (Chapter l73), General Regulations (new subsection l73.50) entitled Transfer of Development Rights Concept/Definition: Under the TDR concept, the governing body severs the development rights from the underlying fee interest in the regulated property. Permission is given to the owner of the restricted property to either transfer the development rights in that property to another parcel owned by the regulated party or to sell the development rights to owners .. of land in other designated areas. The TDR ordinance, therefore, restricts development in the owner's parcel, but mitigates the overall harm of the land use control by permitting development elsewhere. (Source: Zoning and Planning Handbook, 4/89 ed. page 5-69) Method of Obtaining: Through a standard rezoning process, the City or the owner of the property to be regulated, shall seek rezoning of the property to either Community Facilities (CF), or Open Space (OS), or Conservation (C) zoning districts, as appropriate. (Note: Retention of property under a TDR should be added as a purpose and use within the CF zone district.) Within the rezoning ordinance, the value of the severed development rights shall be stated. In addition to the rezoning ordinance, the owner of the regulated land shall be issued a certificate of development rights (see later section for its contents). Determination of value of severed development rights: The value of the severed development rights shall be equal to current development potential of the regulated property in terms of residential dwelling units or floor area of office space less any compensation, including current and ongoing value of the current use, which is provided by the City at the time of rezoning and/or issuance of the certificat~. of development rights. ~ , I ~ . , . P&Z Staff Report Transfer of Development Rights -- Regulations Page 3 . . - - (Example: A historic structure sits on 1/2 acre of land zoned-RM-IO. The property has a potential value of five residential units. This value is diminished by the ongoing use of the structure as a controlled rental unit. Thus a certificate for four residential units is issued.) Office floor area and residential units can be interchanged at the rate of sq. ft. of office floor area = to residential dwelling units. Such conversion may occur-at any time up to the applic~tion of the certificate to a receiver- property. [Example: The development potential in the above example may be 5,500 sq. ft. (FAR of l:4, office allowed as a conditional use) . The owner may opt to have 5,500 sq. ft. of office :- ;~ floor space instead of five dwelling units.] Submission Requirements: . To determine the value of severed rights, the petitioner (City or landowner) shall provided a site development ~\'hich will comply with the City's development regulations. The 'intensity.of use accommodated by that site plan shall establish the ba.e value o£ the property. From this base value the ongoing· value shall be subtract'èd. The Local Planning Agency (LPA).shall determine· the appropriateness of the intensity and shall certify it to the City Commission. This information shall be a part of. . the rezoning review and hearing materials. . . Limitation on Regulated Properties: In order to be eligible for transference of property rights, the~to be regulated~property must be used in a manner to advance goals, objectives, and policies of the Plan through: 'Ie preservation of historic structures and sites; 'Ie obtaining land for public facilities (e.g. fire st.ation, tennis center, water storage tank, etc ) ; 'Ie preservation of designated conservation areas; * any time when a voluntary action would aide in fulfilling a policy or objective with the Plan. Limitations on receiver Properties: In order to apply TDR's to a receiver property, it must be able to be developed in accordance with the goals, objectives, and policies of the Plan and it must comply with the land use development regulations of the City except for the following: * "redevelopment" (white) areas delineated on the Future Land Use Map --- in these areas land use intensities which are greater than those allowed elsewhere by the . Plan may be allowed (after, and pursuant to, the areas redevelopment plan); ~ I ~ . ~ " . P&Z Staff Report Transfer of Development Rights-- Regulations Page 4 * geographic areas in which height increases are allowed . -- at present, an increase in intensity is not allowed concurrent with the height increase. TDR's may be a reason for accommodating an increase in intensity; Concurrent Rezoning: When it is intended/desired to specifically determine the receiver property and its proposed development at the same time as a certificate is issued for the regulated property, a concurrent 'rezoning of both parcels shall be undertaken. However, such rezoning is not necessary if a parcel is properly zoned and the proposed development will be cons·1stent with the Plan and will meet provisions of the local land development regulations.·· . . Certificate of Development Rights: The "Certificate" shall be a separate document prepared in a form as approved by the City Attorney. It shall not be issued until the regulated property is rezoned and a determination of value is made. The Certificate is . transferable (it may be sold). The Certificate shall provide its . owner with a development credit (as described therein) to be used pursuant to Subsection l73.50 (see above). OWnership of a Certificate is not equivalent to a demand of project approval; rather it allows its owner to seek an increase in otherwise allowed intensity of use pursuant to the provisions of this subsection. Legal Considerations: To be addressed by the City Attorney. DJK/#56/A:PZTDR2.TXT ~ , I ~ . . , , , . - - -A . ~ ENGINEERING DEPARTMENT M E M 0 R A-N DUM . , TO: MALCOLM T. BIRD INTERIM CITY MANAGER FROM:)J~ ~ GATES D. CASTLE, P.E. CITY ENGINEER DATE: JANUARY 2, 1990 SUBJECT: LINTON BLVD. BEAUTIFICATION BETWEEN I~95 AND FEDERAL HIGHWAY -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . Attached is a copy of John Walker's December 21, 1989 memo regarding expanding the subject project to include the solid concrete medians. The information provided is as requested by Mayor Campbell. This is submitted for your review and presentation to the Commission, if appropriate. GDC:slg ~ )c~ ; S06 KAeCl'¿4ß"£1 . -- -_._-- ~ I f . ~ . t ¡ ~ 5>/ t. ; ò i . ENGINEERING DEPARTMENT M E M 0 RAN D 0 M . TO: GATES D. CASTLE, P.E. CITY ENGINEER FROM: JOHN WALKER !f! PROJECT COORDINATOR DATE: DECEMBER 21, 1989 SUBJECT: LINTON BOULEVARD BEAUTIFICATION - - - - - - - - - - - - - - - - - - - - - - - ------- This report explores the possibility of expanding beautification on Linton Boulevard. (I-95 - Federal Highway) into the areas with solid concrete medians. Alternatives are given with budget - level costs. The existing concrete medians are generally six feet or less in width, of unit pour construction - curb and slab poured in one piece. Most of the curbs are mountable. These existing conditions limit design options in several ways. * Setback requirements restrict trees to trunk diameters less than 4". * Sight distance requirements for traffic restricts .landscaping to shrubs which can be maintained at a maximum 24" above curb height. * Slab demolition would include the entire median, requiring construction of new curbs as part of the project. Cost for complete demolition and reconstruction is considered prohibitive. * Lack of irrigation, unless multiple wells are drilled, limits landscape types to xeriscope and types that can be watered by truck. Several options do exist to beautify these medians with limited demolition and irrigation requirements. The following landscape and hardscapes could be used singly or in combination. ~ , I ~ . ~ .. , Linton Boulevard Beautification December 21, 1989 Page Two Landscape Areas Boxes could be cut in the median slabs and planted with shrubs and ground covers which require little water. Landscaping would be limited to types with mature, maintained heights of 24" above top of curb. If boxes were spaced every 50 feet, approximately 60 planting areas could be developed in the project area. Costs are estimated at: Demolition $250/Box $ 15,000. Plantings $100/Box $ 6,000. Total $ 21,000. Tile Surface Decorative tile could be applied to the concrete slabs as in Boynton Beach on Federal Highway just south of Boynton Beach Boulevard. This treatment could be complete coverage, perimeter bands or various patterns. Assuming complete coverage of the roughly 17,000 square feet of concrete median, cost of tile at $4.75/sq. ft. would be $80,750. stamp Concrete Stamped, decorative concrete, similar to that used in driveways, can be applied to the median slab surfaces in thicknesses as little as 1" . This treatment provides a colored, patterned surface. Cost to cover the 17,000 square feet available are estimated at $5.00/sq. ft. , for a total of $85,000. Concrete Spray Deck Spray deck could be applied to the median slabs in a 1/8" thickness. This product is a textured concrete used on pool decks and can be patterned and colored as desired. Costs to cover the 17,000 square feet area are estimated at $2.00/sq. ft. , for a total of $34,000. ~ I ~ . , ., Linton Boulevard Beautification December 21, 1989 Page Three If any of these alternatives are of interest,. we can proceed with designs, specifications and final cost estimates for presentation to Commission. Jw:slg ~ , ~ . f '! -.., --- RECEIVED JAN 2 4 90 M E M 0 RAN DUM COMM. SVCS. GROUP To: A. Barcinski, Assistant City Manager Via: Lula Butler, Community Improvement Director From: Nancy Davila, Horticulturist/Special Projects Coordinator ~ Re: STATUS OF ITEMS FROM NOVEMBER 30,1989 BEAUtIFICATION REPORT !/ Date: January 24, 1990 This memo is in response to your request for the status of the action taken to resolve the issues addressed in the Beautification Task Force's memorandum of November 30, 1989. WAX MYRTLES Myrtles were to be reduced in height 2 to 3 feet to bring the height of the Myrtles slightly below the heads of the surrounding Washingtonia Palms. The Contractor has trimmed the Myrtles on East Linton. By copy of this memo I am asking Joe Weldon to coordinate with his crew to reduce the height of the Myrtles on West Linton. This pruning, however, should not be done until the beginning of March. CONCRETE SEPARATORS ON LINTON Engineering did a report on the costs associates with aesthetic enhancement of the areas on East Linton. I would imagine that this has already been forwarded to the Commission. ,..~.~ S~~è'- lie. ",~&'o'.p . SCREENING OF PUMP ENCLOSURES -- As reported in the November 30. 1989 memo, the plant materials have been planted around the enclosures, they still need time to grow before they effectively scree? the enclosures. . REPLACEMENT OF DEAD MATERIAL -- All dead plant materials apparent in early December were replaced. As you know we have had damage to materials since that time due to the freeze. Much of the damaged material will put out new growth (much of it already has). The City owns most of the material and would have to pay for the replacement of dead material. An assessment of the plant materials will be done in two weeks at which time I can better determine which plants will positively need to be replaced. There are some materials on N.E. 8th Street that were on a 'death watch' prior to the freeze that the Contractor will be responsible for replacing. 1 TRANSPLANT SHOCK Transplant shock is not a major problem at this time. Most of the work currently ongoing had passed beyond this stage and materials had recovered very well. Unfortunatley the freeze has set them back again. FOUNTAIN GRASS The Fountain Grass appears to be doing better, but the Park's Department will be instructed in March to cut back the clumps to allow for new growth in the Spring. -- COCONUTS UNDER POWER LINES ~/ Action had already been taken on this issue as reported in the B.T.F. 's November 30, 1989 memorandum. ROYAL PALMS N.E. 8TH STREET -- No action has been taken as this was to be reviewed at a later date upon completion of the beautification projects. CONSIDERATION OF EXISTING VEGETATION Future landscape design plans will identify existing vegetation that may be impacted by proposed landscaping. Slides of existing conditions as well as proposed materials will be part of future presentations. MAINTENANCE I continue to work closely with the Park's Department with respect to the maintenance on the projects. We initially had some problems with the height to which most of the shrub massings were being pruned. In particular, the Firecracker Plant was being trimmed too low and was not being allowed to bloom. The Contractor w..~ corrected this habit and the Firecracker,.. eady to bloom right before the freeze hit. The Contractor has had to trim them back pretty hard to get back to live tissue, so it will be another six weeks before we can expect blooms. . c: Joe Weldon John Mc Kenna, Chairman B.T.F. Pat Canning, Acting Chairman B.T.F. 2 [ITY OF DELRAY BEA[H 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243·7000 MEMORANDUM .-" TO: LULA BUTLER, DIRECTOR, COMMUNITYÝIMPROVEMENT FROM: '!fJ, ROBERT A. BARCINSKI, ASST CITY MANAGER/COMMUNITY SERVICES SUBJECT: STATUS ITEMS NOVEMBER 30TH BEAUTIFICATION REPORT DATE: JANUARY 18, 1990 Please provide status of actions taken to resolve issues addressed in the November 30th report to Commission from the Beautification Task Force concerning beautification items. Some of these items may need to be co-ordinated with Mr. Weldon. RAB:kwg cc: Joe Wetdon . -------.-- / . . .- 1-'./ r:. t) JAU 1 8 00 . " .; f " . ¡ ¡,;;: ~ ."-.,,, ;~.- . THE EFFORT ALW^YS M l\TTERS· . [IT' DF DELAAY BEA£H· . . I')(J :'J '/V 1 <~' ,A. './ ~ !\~ U E DELRAY BEACH. FLORIDA 33444 407/243· 7000 , MEMORANDUM TO: Mayor and Commission FROM: Alison MacGregor, City Clerk~ SUBJECT: WORKSHOP AGENDA ITEM RE. S.W. 10th ST./SWINTON AVE. EXCHANGE DATE: February 2, 1990 This item is on your Workshop Agenda for direction from Commissioner McCarty as to how she would like staff to proceed. Currently S.W. 10th Street is a City maintained roadway, while Swinton Avenue is under County control. There has been a proposal to contact the County regarding an exchange of jurisdiction for these roads. Staff has not taken any action to date; however, following direction received at your Tuesday evening meeting, appropriate action will be pursued. AM/cl cc: Malcolm Bird, Interim City Manager John Elliott, Asst. City Manager/Management Services Bob Barcinski, Asst. City Manager/Community Services THt= EFFORT ALWAYS MATTERS ~ , I . ,. . ; , ~/1 ; ~ ~ , , . M E M 0 RAN DUM . To: Lula Butler, Community Improvement Director From: Nancy Davila, Horticulturist/Special Projects Coordinator ~ Re: BEAUTIFICATION PROJECTS STATUS UPDATE Date: January 12, 1990 DESIGNS PENDING As you are aware, Kettelhut has been unwilling to turn over any of the base plans or semi-completed designs until a settlement is reached on the monies he claims are due him for work completed to date. Fortunately, Kettelhut worked with a Sub-Consultant, Williams, Hatfield and Stoner, Inc. , while coordinating the aeriels and the creation of the base plans. W.H.S. used their Auto-Cad computer system to produce the base plans and they very generously gave me the diskette. The City Engineering Department has an Auto-Cad system and they regenerated the base plans for North Federal Highway this week so that I can start on the landscape design for that roadway. Susan Ruby and I have reviwed the billing summary and invoices submitted by Kettelhut for settlement and will meet with him next week to discuss the areas in which we differ. From the initial review, Kettelhut indicates that all of the doable projects are currently at 80 to 90 percent completion, although the City has not received any of these plans to date. A 90% completion on any of Kettelhut's designs, however, does us little good as revisions or additions can not be made to his work on his title block. Susan and I will find out if Kettelhut would be amenable to completing North Congress Avenue irrigation design, as well as South Dixie and the S.W. 10th Street overpass as there is evidently very little work remaining to complete these projects. After our meeting I will be in a better position to give you a schedule for in house completion of the remaining roadways. With respect to Pineapple Grove Way, I have met with Williams, Hatfield and Stoner and asked them to submit a proposal for the base plans and curbing work and specifications. This project needs to be put out to bid as soon as possible as the sculpture work has been selected. 1 ~ , ~ . t ~ s./c¡, .. .. .. Engineering has finalized the curbing revisions for South Federal Highway and has submitted the plans to D.O.T. for approval. Revisions to the landscape plans will be made after we have our approvals from D.O.T. _..... - -.------- '\... ......-;;------ / / CURRENT LANDSCAPE INSTALLATION TheAtlantic Avenue/I-95 Interchange was completed shortly before Christmas. Although it is too early to give a definitive report on the amount of freeze damaged vegetation, field inspections find that the Cocoplum hedging (creating the semi-circles around the Queen Palms) to be dead all the way to the ground, although it is possible that, given time they would regenerate , from the root system. This represents about $9,000.00 worth of materials and , ! installation costs .. r think we may need to take a 'wait and see' approach j unless the Commission feels strongly that they be replaced immediately. If ! they are replaced, I would recommend changing to Myrsine which is a native, but is much more cold tolerant. The West Atlantic Avenue Corridor will be completed within the next ten days. Some of the Cocoplum will need to be replaced, but the lilies are all putting out new growth. The Bahia sod has been installed in the utility , strips along the south side of the road and the contracter will begin on the ; north side next week. ------------- /----Linton!I-95 Interchange is also nearing completion and has freeze damage on I the Cocoplums as well, but it is not as severe as Atlantic and there is a ! good possibility that many of those plants will grow out of it. \ ~ - , ¡ \ I I , \ 2 ~ I ~ . { , I . . MEMORANDUM . TO: Malcolm T. Bird, Interim City Manager FROM: William H. Greenwood, Director, Public Utilities DATE: February 2, 1990 RE: Preliminary Review Reclaimed Water Reuse Program In accordance to your request, we are pleased to submit this memorandum pertaining to the Preliminary Review of a Recovered Water Reuse Program for the City. This memorandum is based on readily available preliminary data and all conclusions are based on numerous assumptions that have to be reviewed and verified. Therefore, a more detailed investigation needs to be conducted as the next logical step toward implementing a reclaimed water program. As the State of Florida has developed, most areas have been able to meet their potable water supply requirements with high-quality groundwater or surfacewater in sufficient quantities. However, as the State's population continues to increase, many Cities and Counties are reaching, or soon will be, the capacity of their existing water supplies. As they begin to look for new supplies, they find the competition for these supplies has increased. They are now vying with agricultural, industrial, and ecological interest. Plus most planners with water management districts, regional water supply authorities, regional planning councils, cities, counties, and appropriate regulatory agencies have been concerned about the planning for the future needs of the citizens of the state. Finally, the Governor displayed his concern about the planning for the State's water resources and formed a commission to study and make recommendations for the overall water resource program for the State. This water resource commission completed its task and filed a report with the Governor in December of 1989. This report contained many recommendations of which some related directly to reclaimed water reuse programs. The need for adequate water resource planning and overall stewardship of this precious resource has become acutely prominent in the past year with the implementation of mandatory sprinkler restrictions along the Central-West Coast of Florida, and now closer to home, Phase I irrigation restrictions for the South Florida Water Management District area. To better utilized water resources which we have used and in the past, without thought, thrown away, many communities have gone to a reclaimed water reuse program. The first of these systems were actually begun, not as an alternative to the utilization of potable water or non-potable applications, but as a use to dispose of reclaimed water from the wastewater treatment process. However, as the cost for developing new water supplies coupled with the decrease in availability of these new supplies is becoming more economically feasible to utilize reclaimed water for non-potable uses and thus extending the life of existing potable water supplies. The initial recJaimed water systems began as irrigation programs for large open spaces including golf course areas, but as the benefits from utilizing this system became apparent, many cities and communities have increased these programs to include urban ~ t . , \)J ~/9 '! . . Memorandum to Malcolm T. Bird February 2, 1990 Page 2 reuse programs which irrigate landscaping areas along major highways and commercial and residential sites. One of the major successful programs in the State of Florida which has gained national recognition is the City of St. Petersburg. The City began its reuse program in the late 70s and has effectively been able to maintain a constant potable water demand while increasing their reclaimed water program. In 1989, the City pumped to its reclaimed water approximately 25 million gallons per day (mgd). In fact, the City of St. Petersburg's program has been so successful that they have to limit the number of customers they have added each year to insure that adequate reclaimed water supplies are available to the uses of the system. There are numerous examples of the reclaimed water programs in the State of Florida and Table 1 is a limited listing of those programs in the southern area of the State. The South Florida Water Management District is extremely supportive of reclaimed water programs and has initiated several programs to help local communities to plan and initiate these systems. In addition, the District in the past has established areas of special water concern in which the use of reclaimed water is required for new irrigation programs in lieu of groundwater supplies. The District also, while reviewing large urban irrigation permit requests, reviews the potential use of reclaimed water also in lieu of surface or groundwater supplies. The Florida Department of Environmental Regula tion is also an agency which is supportive of reclaimed water programs and has demonstrated a desire to work with additional programs to help in the permitting process. New rule changes to Florida Administrative Code 17 -610 has provided new regulations on the operations of reclaimed water programs to help insure that the public's health, safety and welfare are protected. Its obvious that many communities in the State of Florida can benefit from the implementation of the reclaimed water program and thus protect our water resources and extend existing supplies for future use. Even our own Comprehensive Plan sets the stage for encouraging reclaimed water reuse. An initial review of potential implementing a reclaimed water reuse program for the City of Delray Beach has been conducted in a September 1989 report, titled, "Wastewater Master Plan and Biomonitoring Analysis" for the South-Central Wastewater Treatment and Disposal Board. The initial direction of the reclaimed water program in this report was for the disposal of reclaimed water from the regional treatment plant when the flow from this plant exceeded the currently permitted 24 MGD of disposal via the ocean outfall. A number of alternatives were reviewed in this report for this incremental reclaimed water program which had the capacity for approximately 10 MGD. Due to economic considerations the report recommended that the majority of the program be initiated west of 1-95 and basically serve a number of golf courses in the immediate area of the wastewater treatment plant. A listing of the golf coursed which were contacted and were interested in considering a reclaimed water program are listed in Table 2. A copy of the piping schematic for Alternative and the associate cost estimates of the proposed program are also shown in Figure 1 and Table 3. ~ , :- . ~ , I - ' Memorandum to Malcolm T. Bird February 2, 1990 Page 3 , Since the cost of installing a reclaimed water system in existing neighborhoods and streets in highly urbanized areas is usually not cost-effective when viewed strictly from a wastewater disposal option, we must view the installation of the system from the perspective of replacing either potable or groundwater uses for irrigation. Thus, the potential to expand the reclaimed water program as presented in the wastewater treatment master plan report could be viewed under different economic conditions. Figure 2 shows Alternative 3 which has been modified to include a new pipeline constructed eastward of the wastewater treatment plant, providing service to those open spaces along the pipeline route which are appropriate for irrigation and terminating near Federal Highway connecting to the existing irrigation system which supplies water to the golf courses in Gulfstream. This pipeline would supply a major user and would also provide a backbone for expansion of the reclaimed water system. . Table 4 illustrates the cost of the reclaimed water system with the addition of a pipeline to serve the City of Gulfstream. Table 5 is a further modification of the original alternative and displays only the cost of a reclaimed water system which serves the City of Delray Beach and the City of Gulfstream. The annual operation maintenance cost for Alternative No.3 is approximately $0.17 per 1,000 gallons of reclaimed water. The 0 & M costs for the modified alternative including the City of Gulfstream is also approximately $0.17 per 1,000 gallons. The further modified alternative which only serves the Cities of Delray Beach and Gulfstream would have an approximate annual operating cost of $0.25 per 1,000 gallons. The total annual cost of the alternatives based on the capital costs in Tables 3 through 5 and the 0 & M cost stated above are approximately $0.57 per 1,000 gallons for Alternative 3 and Alternative 3 including the City of Gulfstream, whereas the total annual cost for the reclaimed program serving only Delray Beach and Gulfstream would be approximately $1.30 per 1,000 gallons. As many of other communities have discovered, a reclaimed water program can be of tremendous benefit to its citizens. However, these programs require planning, policy statement, and appropriate ordinances to insure a successful implementation and operation. The City of Delray Beach has an excellent opportunity to begin a reclaimed water program which will provide the users of the system with water utilized without restriction, while potable water users face irrigation restrictions, and more importantly, will reduce the demand on the ground and surface water supplies in the area as well as the potable water system of the cities. This program can be planned and implemented in such a manner to capitalize on new developments, thus minimizing the costs of installation while other utilities are being installed and would carefully plan and coordinated the effective implementing in existing areas to provide citizens with non-potable water supplies for irrigation which now utilize the City's system. ~ , . . . ~ .. . . Table 1 . EXISTING RECLAIMED WATER PROGRAMS IN SOUTH FLORIDA ICCON (Jupiter) Approximately 6 MOD City of Naples Approximately 6 MOD City of Boca Raton Approximately 1 MOD Pompano Beach Under Construction Seacoast Utilities Approximately 1.5 MOD A System in North Broward Approximately 20 MOD - Under Permitting Pelican Bay Improvement District Page 4 ~ :- . ~ . . . . Table 2 SCR WTDB POTENTIAL MARKETS FOR WATER REUSE , Minimum2 Potential Demand Interest Total1 (Wet Season) In Reuse Golf Course/Park Acreage (MGD) Water (Y IN) Boynton Beach Municipal GC 156 0.30 Yes Cypress Creek CC 290 0.56 Yes Pine Tree GC 320 0.60 Yes Quail Ridge GC 550 1.06 Yes Country Club of Florida 160 0.31 Yes Villa Delray GC 130 0.25 Yes Delray Beach CC 140 0.27 Yes Sherwood Park GC 45 0.09 Yes Lakeview GC 45 0.08 Yes Kings Point Flanders/Atlantic GC 220 0.43 Yes Gleneagles CC 900 1. 74 Yes Oriole Golf &. Tennis CC 78 0.15 Yes Hunters Run GC 760 1.47 No Delray Dunes GC 120 0.23 No Congress A venue RO W 25 0.05 Yes Lake Ida Park 337 0.66 Yes Caloosa Park 68 0.13 Yes Indian Springs GC 759 1.47 Yes The Hamlet GC 200 0.39 Yes 1 Acreage requiring irrigation has not been determined. 2 Wet season demands are based on information provided by each golf course. Page 5 ~ I ,. . , . . Table 3 . PROJECT COSTS FOR RECLAIMED WATER SYSTEM! ITEM COSTS 1. Filtration $2,980,000 2. Coagula tion 191,000 3. Moni tor Wells 110,000 4. Pumping Station 1,000,000 5. Distribution System2 1,817,000 6. Chlorine Contact Basin 310,000 Sub-Total Estimated Construction Cost $6,408,000 7. Contingencies 650,000 8. Technical and Other Services 960,000 9. Bonding 1,450,000 Total Project Costs $9,468,000 1 Wet weather storage is not provided capital costs assume that an increase in the permitted discharge using the existing outfall to dispose of effluent during wet weather flow can be obtained from EP A and FDER. 2 Based on Alternative 3 (Table 9-2), capital costs will vary depending on the alternative selected. Page 6 ~ , I ~ . , ~ Table 4 PROJECT COSTS FOR RECLAIMED WATER SYSTEM MODIFIED ALTERNATIVE 3 ITEM COSTS 1. Filtration $ 2,980,000 2. Coagulation 191,000 3. Monitor Wells 130,000 4. Pumping Station 1,000,000 5. Distribution System 2,283,000 6. Chlorine Contact Basin 310,000 Sub-Total Estimated Construction Cost $ 6,894,000 7. Contingencies 690,000 8. Technical and Other Services 1,034,000 9. Bonding 1,560,000 Total Project Costs $10,178,000 Page 7 ~ , ,. . ; , ~ - . Table 5 PROJECT COSTS POR RECLAIMED WATER SYSTEM , MODIFIED ALTERNATIVE 3 WITH ONLY THE CITY OF DELRA Y BEACH AND THE CITY OF GULFSTREAM ITEM COSTS 1. Filtration $1,500,000 2. Coagula tion 191,000 3. Monitor Wells 30,000 4. Pumping Station 750,000 5. Distribution System2 1,148,000 6. Chlorine Contact Basin 310,000 Sub-Total Estimated Construction Cost $3,929,000 7. Con tingencies 393,000 8. Technical and Other Services 589,000 9. Bonding 889,000 Total Project Costs $5,800,000 Page 8 ~ I ~ . J ~ . . ~ ::0 -;¡T :;on :þ-:þ-r ,1/ rzJ> z -;UJ3: /1' 1'13:¡T t :;OÜjo ZUJ :þ-- -;o:E YA,WA'n) ... -z:þ- < -; 1'13:1'1 <.N:þ-AI ZC (J)UJ 1'1 " , " I " , » I, " , ¡::i ~ 'I , " , I I, I » I, J " 2: " I I " I ::1 II I " 0 r""U.._I!I!1! :: i , --"--I!_-~ I :1: ! L____, :~_J I I I I I I ,_________..........-.J .. .-¡ .,."'" '"' 0 '" I~r--- I ""'-------- i~n ,----.. - , -.., I ___ I ....- '" ~_r 1._.J---' ~ ............. ~ I J I r------ r--- L-_---- J / ~el¡ '-_.... r=> á--" ;:':"-l ~ ~""'-- : L... ~~.. (D : '~' J ;~c;J U0~>L::<?) I l.J : : ~..., If <;-. '-J ,-/'\. : ,..J i ~ : i ¿í----.J ;0 I '- I I j A.';\»t'fte .~ ~,' ___J ___J ~ [9' 0 I -'"ì 0 ic:::J j /"T' » ;. L_.Il@! 2: "' , ~ I ... ... . ; ð [\) @~ d¡@~1 ça~~ I I l__ .J I , I i , I , , }o , , , I !@U I I , , 0 I I I , , 1 "T ______________J G5 C ::D I@¡ m .... -- IEAOI OI.D -- ..'" 'lOT ... - ~ .... .... ~ '" 0:0 0 ::d ITI Ci)~2» » P ,I,.. ccn.."r Z Þ ,..Z, '3:ñi-i (f) ~ t ;:¡ ¡¡; c ~ so: ", ~(J)~z (f) 0 , :0-0» (f) mO -i Õ :E "'AMATO !lID >ZZ~ Z » 3:3:P ~ M > c VJ »:::u. ZC zc m (f) (f) rrl I » I r'" I I ? ~ I I I I Þ I I I I I I Z I I I 1 I I :::J 1 , I I I I () L___J I , r- - - - , I --- I I I L____'" I , . ~ u.n"" ..'" 0 '" I~U r----"\ i '--.......-~ I , r------::;> l-..------_J 1 I L.._-, r ,I £Ii! I L., !S~c;J '~' lJ : r ~... I., ,-/"\. I I I ¿r----~ I 1 ,..) i "~'nC .'1( L--........ ----' 0 f9'- 04 () : <:::::11 i j; . : :J z L--,l@1 !; lOA "" ... ; () ~ ~~ £~5@~i GI~ L__ J ~ z , , I , ____J ~ 0 I , , I~U I 1 I 0 , , I , 1 ." ________________J G5 c :0 m I\) OIJ 10'04..... ItACM .0.,.....,.. ...0 "'ST "" ~~b RECEIVED . : . JAtf 3 1 90 MEMORANDUM COMM. SVCS. GROUP TO: Malcolm T. Bird ; Interim City Manager THRU: William H. Greenwood ~,~",Ito Director of Public Utilities -' · FROM: Frank Deering Water Conservation Coordinator SUBJECT: WATER CONSERVATION PROPOSAL DATE: January 31, 1990 Executive Summary The following is an analysis of methods to implement a retrofit- . ting of interior plumbing systems in order to reduce water consumption in the residences of the City of Delray Beach, Florida. This conservation plan has been made necessary by the South Florida Water Management District's Phase I, Water Shortage Restrictions and our own Comprehensive Plan's Conservation Element (A-4) and Public Facilities Element (B-3) which address the matter. RECOMMENDATIONS: I recommend that we proceed with the Florida Power and Light H.E.L.P. program that would be available immediately to the cities residents. Proposal · I would like to suggest a combined government and private indus- try cost effective, partial solution to help enable the City of Delray Beach to reduce its water consumption through the instal- lation of water saving plumbing hardware in residences, both multiple and single family. FP&L has, at this time, a home energy loss prevention program (H.E.L.P), which provides a cash incentive to help pay for installation of low-flow shower heads and faucent restrictors. They provide the energy audit, 50 percent of the total cost for hardware and labor, and up to $75.00 per installation. The plumbing installers are under a contract, administered and coordinated by FP&L. I believe this existing program could be used as it is today. The H.E.L.P. program will work with both single and multiple residences and ~ , , ~ . , ~~It(~ " . . FP&L would provide marketing reps for condo and rental complexes to help sell and explain the idea of conservation. . The City's only part in this program would be to promote the . program with publicity support. . ALTERNATIVES All other alternatives investigated would be costly to the city in terms: -' 0 Liability (product) 0 Contractual agreements 0 Purchase of hardware 0 Administration 0 Distribution of hardware TYPICAL COSTS - FP&L H.E.L.P PROGRAM Single family residence cost 2 shower heads @$10.00 - $ 20.00 3 faucets @ 5.00 - l5.00 Total installed cost - $ 35.00 FP&L pays $l7.50 - Resident pays $l7.50 Multi-family residence cost 2 shower heads @$ 7.50 - $ 15.00 . 3 faucets @ 3.75 - 1l.25 Total installed cost - $ 26.25 FP&L pays $13.12 - Resident pays $l3.l2 CONCLUSION AND RECOMMENDATIONS . We recommend implementing the Florida Power and Light H.E.I:,.P. program that would be available immediately and at a small cost to residents. I would request your approval to implement this program. C'6J~G~ . Frank Deering ~ FD : smw cc: David Kovacs, Director of Planning & Zoning ~ I ~ . , ~ RESOLUTION R-1-90 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LANTANA, FLORIDA, STRONGLY OBJECTING TO PALM BEACH COUNTY'S PROPOSED REPEAL OF ORDINANCE 72-8 WHICH CURRENTLY PROVIDES FUNDING BY PALM BEACH COUNTY TO THE MUNICIPALITIES FOR SCHOOL CROSSING GUARDS; URGING ALL OTHER MUNICIPALITIES WITHIN PALM BEACH COUNTY TO JOIN IN THIS OBJECTION IN ORDER TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF ALL CHILDREN WITHIN ~HE COUNTY r DIRECTING THE TOWN CLERK TO SUBMIT COPIES OF THIS RESOLUTION TO ALL OTHER MUNICIPALITIES WITHIN PALM BEACH COUNTY AND TO THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Palm Beach County adopted Ordinance 72-8 providing for and implementing a program whereby Palm Beach County funded a School Crossing Guard Program throughout the County to provide for safety of all school children within Palm Beach County; and WHEREAS , the Town Council of the Town of Lantana believes that there are no resources more worthy of protection than our human resources, specifically, our children; and WHEREAS, Palm Beach County continues to allocate funds for preservation of native ecosystems, native habitats and endangered species and yet proposes to repeal Ordinance 72-8 which provides for the health, safety, and welfare of our children; and WHEREAS, the Town of Lantana wishes to publicly oppose this repeal since this is one area where the County could specifically provide for and could make a significant contribution toward the protection of all children within the County such that the pUblic funds could be used to benefit a great majority of citizens of the County. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL o¡.' THE TOWN OF LANTANA, FLORIDA, THAT: SECTION 1 : The Town Council of the Town of Lantana publicly and strongly objects to and opposes the repeal of Ordinance 72-8 which provides for funding by Palm Beach County of the School Crossing Guard Program for the entire County. ~ , " . , ~sl LI~ ~ . SECTION 2: The Town Council of the Town of Lantana hereby requests support from all other municipalities in Palm Beaqh County urging each and every ?ther municipality to pass a similar resolution in opposition to the repeal of Ordinance 72-8 . as the the repeal of such ordinance will significantly reduce the protection of our children. , SECTION 3 : The Town Clerk is hereby authorized and directed to distribute this resolution to each and every other municipality within Palm Beach County and to the Board of County Commissioners of Palm Beach County. SECTION 4 : This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS ¿ DAY OF~ , 1930 /- ;A.ye Nay /' b,'{~ Nay V AiC Nay V'" Aie Nay V Aye Nay ATTEST: '7-;/10£/ J' ~~--..1~ Town Clerk ( ~:;eal ) 2 J : . " . ~ . : [ITY DF DELAAY BEA£H . 100 NW. 1st AVENUE OELRAY B~ACH. FLORIDA 33444 407/243· 7000 MEMORANDUM -- TO: Mayor and City Commission FROM: Vice~Mayor Mary McCarty~ SUBJECT: WORKSHOP ITEM/HISTORIC PRESERVATION ORDINANCE REVIEW PURPOSE: To Streamline the Certificate of Appropria~eness. Process DATE: January 3, 1990 BACKGROUND When .the Historic Preservatiòn Board'was formed, it was with the ~aderstanding that it would streamline the project revi~wp~oc~ss because items .that .would normally go before the Community Appearance Board and the Board. 9f·· Adjustment would now ònly be required to come before a single board. This board was to be sensitive to the unique characteristics of Historic structures and sites while protecting the character of these neighborhoods. Development that was required to go before the CAB included multi-family developments, including duplexes and commercial/industrial development. Single family homes were only required to go thru the Building Department and meet code. No board oversight was required. . When the Historic Preservation ordinance was written, it required that all items that needed a permit for an exterior improvement in a Historic District; must obtain a Certificate of Appropriateness (COA) by going thru the Board process for approval. A review fee of $20.00 was established. Therefore, in an effort to protect our Historic Districts, single family home owners now had to go to a board for approval and pay an extra fee. This has added an extra layer of bureaucracy to the process of obtaining a building permit. . T lJ r: I: r= r= /"'\ 0 T ð, I^, ^ V c: 1\" ^ 'T''T' C C C r r j t_ ( - .-' I I l_ , . ,.'of 1 ..,J . L i _I "\-_"'-4'''"-,__.,,,,_ i . l~~ I ¡ , - PROPOSED SOLUTIONS (Singl~.. F:I~kx.,ª~¡~ ),.n Historiça], D-:Ls..t;ricts) ~ . ..~. .-.: .,'01''''1'-" . . - .. (1) tisse~t~~~tè~s'that require à ~tiilding permit. I have asked the City Manager to have the Building Department review all items that currently require ,. a building permit in order to re-evaluate its necessity. While this would be imposed City-wide, it will have a result on the Historic Preservation Ordinance because of its requirement of a COA for all items requiring a permit. The suggestions for a reduced list of permitted items would then bE!brought to the Commission for formal consideratidn. (2) Exempt permitted improvements that meet an established criteria from having to obtain a COA and going thru the HPB. (ã) The èY1teria would be established by the HPB and the determination of whether or not an item meets . . ' '. - . the criteria would be done by the board's staff. SUGGESTED CRITERIA: Is the subject site a contributing site? I' .t- 1'\tS the improvement visible from the road? ¡ .. ~I"t,l~,".to bothof..tl1ese. qu~sticms w,~u~4 e.~emp'~ .:í.!' ,. . .sQ~~qq~ from going thru; the COA pr~c,e.ss ~a,t,ld tbe~ . wo~~~ obtB:in perm~ts d:1.t:~ct.1.y" ~ro.1J\t;h~ ßugdiIlg;, Department. 1\. ....\.. ,c· . . . (~ : .1 . . -,j , (b) Loëäl Committee Iuput 4 \~ .- " ". .", . . J If the single family ho.~,.<?r d,u~lex doe~n' t m~et. . the COA exemption crit~ria, then a letter from the Board of Directors of a District Association saying they concur with the proposed improvement would allow the applicant to go directly thru the Building Department for permits. If the applicant could not get a timely comment or would obtain an objection from the Homeowners Association, then the applicant has the option to go before the· Hisçoric Preservation Board. ;.,..,.... ,'. I ._T.~iš .p,r·ocedure would allow each neighborhood to have. a say in its own destiny. Their opinion is no~finål if it is an objection. The Aa,sociation has no right to deny, only the Historic Preserva- tion Board has that right. The Association would be give.n a form to fill out. The form would be .çieveloped by the Histo~ic Preservation Board. r .. J t.... , I ~ . .. l I L .....:.. ...::...:s;J1 "__ \ I . ~ , . .. I ) . , BENEFITS . . First, since most of the HPB's agendas currently contain issues of theh single family home nature, by reducing the number of·appl¡cänts that must go before them, the· Board . would.then,have the time to deal with policy'issues .and the other duties of the Board that are currently getting little attention. . . ;.; ; .Seconct, , the process would streamline this particulat .review procedure..and reduce paperwork and its -associated. costs. The HPB(, ,is. doing a terrific job considering) thé; ··limited resources'·the ·City has devoted to it.. .But.rather than spend dollars to have a secretary to type minutes and process paperw.o.rJr.,,: I lWO~!d.. :rather put our resour~~.s ;·t~~a.!d ~~.ud..l.~~D_g for a, ¡Prf.tservation Specialist w:hich . ·~~~k;~~·;ç,o~r~_~.t~ establishing and implementing a work program and keeping our Histot:f:ç Preservation program pro-active :rather_thaagetttng bogged down'in ~ureaucratic paperwork. .The·HPBLwould still review all· cotmaercial and multi.,.family,., deve]¡òpments; as originally intentioned. , ,.,. _ . t. ...,:-~ ~l ~;.: t" \:: : 1 , MM/dw .: J.I:; .......1 ., - - - f cc: Malcolm Bird i ~ Interim City. Ma~agel' 1,· '. I" ···v···.···,'· . -.' ¡ &...~.. .... '. -., 't' ... Herb Thiele, City Attorney, ' \'-J. _! \:: " Historic ;Pre.sel'vationBoard :Members .' ,," .., ,VI \ : -j n (Y David· lC:~vaC:8i' "Planning and Zoning Director Lula Butler, Community Improvement Director R~presel1tati~"of 'Histotic Districts: Marylou Ja~ison t- \..., .... /~. Ann Fulton-and Gene Fisher I;' . r .1' :.! ì,~ Alieda Riley Tom Murphy . , :', i .~"I --¡[ J, r-; ... .. " - .. "'" . . ' r ~_, , '!i 1 - ~. ~ ~ ~i : ., r (' . - ,.., .f J ~ ~ -. -- .' -"'- -- -- . l.~ j "., ,," ,. L ..' ~ ,..~<t~~:...,-.....4'_ ! ~ . t" 1 -. - - .~.. ...... ~l'l' r .c.c...!~!.'D-:..Þ. - ^ . . . - ---.-- -- -. __Â·~.. .. .\'... -. \,--- . J , CITY DF DELRAY BEA[H ¡ ". .. ,I ...;.\¡~. ;1...:: . ~ '. ~ ,', . ".'1 -... _-.~; I.=,,":' .';.~.,¡.1,J .\-;;" :J,¡ ;I)I)'J --- CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT 1988 - 1989 CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA . ... " 1\. ..... , .1 ...-.. -- ; ,~ -a , , , .I ..... ./ .1<> '-.:'.>' :.-,:-.'.):S;.~~.~.:-< ..... +' ... I' ý," }' i i1" ." .. '··;~i·;::i":':-;'liJ';;';2. .~ I ---------- -----, J \ ~ CERI'IFIm LO:AL GOVERNMENr M:NI'roR:JN; ææKLIST . Name of CLG: City of Delray Beach Report SUbmitted By: Patricia Cayce, Historic Preservation Planner Date RepJrt SUbnitted to State Office: November 29, 1989 -' Date Report Reviewed by State Office : Date Þ.dditional W~nñation Reques~: . Infm:mation Requested: Date Þ.dditional InfoD'l'1ðtion Received: Infcmnation Received: Enclosures: Yes No l. O1.an;es to Local ordinance: X· Description of O1anges: See exhibits A.and A-1 2. C1anges to Rules of Procedure: X Description of c::h.aD;es: See exhibit B . 3. S\JnmaJ:y of CaTmission Activity: a. NuIrber of profOsals for National Reqister reviC'o\'cd: Nöne· b. Number of new local designations: 8 c. Number of revised re.suIT'es: None I d. ApfOint::rrents to the Cannission: 2 Nazres Profession Alice Finst J.t"mA"'~"9r Diane DeMarco T.of r-ønaøtf ('1An~""!:I1 Coutr.~ter. Presiacnt DeMarco Homes, Inc. See exhibits G and G-1 '. s..) . , ~ . , . .....- ~----" ---. . ,"':........_ t1., ~..A \, "_~.....oIL -- . ,....-., . - - , --..-"1>.. . ...... 'w.'~ . - . Q1ccklist for Moni tor.in:J Page Two I . e. Number of SUrvey Forms carpleted: None 4. Administrative activity: Yes No a. Ccmrents on National Register proposals iran 1:oth camnission and appropriate local official X ~ b. TiIre fraJTes adhered to: X c. Meet.in;Js adequately pJ.blicized: X d. CMner notification appropriate: -L e. Appeals lcdged against Catmi ttee decisions: X ç: Hinutes approprië:ltely b"';"'t: X 5. Progress Report on Grant Assisted Activities: Delray Beach Design Guidelines See page 4, Item 5. Carrne.nts: . Information/~sistance Recuested: . , c . ¡ . , ,_';*~~>~. .;.~.;~,~~~~"'~~.,.: "~,:,-",-·~.di:;;'.···''''''''''_ " .J..-...-....-_ --.-.- J , - . [ITY DF DELRAY BEA[H , :I)ONW 1,¡AVENlJE DELRA'( BEACH. f-l.ORIOA 33444 407 !243· 700a TO: Beth J. LaCivita, Historic Preservation Planner Division of Historical Resources ~ FROM: Pat Cayce, Historic Preservation Planner City of Delray Beach Delray Beach, Florida DATE: November 28, 1989 SUBJECT: Certified Local Government Annual Report (Report follows checklist) . Enclosures: ( 1 ) Changes to Local Ordinance: Exhibits A, A-1. Changes were made to chapter 174 "Historic Preservation" of the City Code of Ordinances. The changes are explained in exhibit A. Exhibit·· A-1 ,!. "Historic Preservation", includes these changes as adopted by the City Commission; Ordinance N~. l53-88 approved on December·l3, 1988. ( 2 ) Changes to Rules of Procedure: Exhibit B. The Historic Preservation Board approved the revised Rules on November 29, 1988 and the City Commission approved them on t! December l6, 1988. &; Most of the modifications were minor, involving the renumbering _. of items and' éorrecting syntax errors. The major changes included a modification to the text adding language which provides that, if the Board grants a motion for rehearing, pUblic notice of the rehearing shall be given at the cost of the applicant. (3 b.) Number of new local designations. SEABOARD AIR LINE RAILWAY STATION: Exhibits C, C-l, C-2. On September 16, 1988 the Board held a Public Hearing to get community imput on designating the Seaboard Air Line Railway Station as a Local Historic Building. The Board's recommendation of approval was forwarded to the City Commission and as Ordinance No. ll9-88 it was passed on October 1l, 1988. (The Seaboard Air Line Station was listed on the National Register September 4, 1986) ,:.:J';:: . , . .... V \. , ~ ~~.~ .b 1 ~. .~-- . - . Page 2 . CLG Annual Report Delray Beach, Florida , MARINA HISTORIC DISTRICT: Exhibits D, D-1, D-2 The Board held a Public Hearing on OçJ:ober 27, 1988 and recormnended to the City Cormnission . that the district be designated. The Cormnission voted to approve Ordinance No. l56-88 on December 20, 1988 and the Marina District became our fourth Local Historic District. Designation report attached. 777 NORTH OCEAN BLVD. "THE KOCH HOUSE": Exhibits ~, E-1 A Public Hearing was held on November 29, 1988 and the Board voted to approve the designation. The City conunission voted to . approve Ordinance No. l62-88 777 North Ocean Blvd. on January lO, 1989. Designation report attached. FIVE.HISTORIC SITES IN THE BLACK COMMUNITY: Exhibits F, F-l, F-2 At· the:'.suggestion of. leaders in the black conununi ty, Board member Spencer Pompey. researched the fOllowing five proposed sites: St. Paul A.M.E. Church The Free and Accepted Masonic Lodge Greater Mount Olive Missionary Baptist Church School No. 4 Delray Colored St. Matthew Episcopal Church wi th the exception of st. Matthew Episcopal. Church, all of the buildings have been demolished or remodeled beyond recognition. The Episcopal piocese in Miami did not w.nt St. Matthew designated as an historic building, but agreed to its being designated a site. It was felt that with these designations a sense of black history could be preserved.' A bronze plaque is planned to commemorate the sites (text is enclosed) and will be placed on property owned by Mt. Olive Church. Individual markers will be placed at the actual locations. The Ordinance numbers are listed on the attached agenda report. The City Commission approved all five sites on April ll, 1989. Designation Report in attached. (3 d.) Appointments to the Board: Exhibits G, G-l, G-2 Alice Finst was appointed by the City Commission to fill a vacancy on the Board in August, 1988. Mrs. Finst was appointed for a full two year term in June, 1989. Resume attached. .' , ,. . , ., , . ., J; . . ~ ~~4to.~. _~. ~\'j.~ .-~!.~:=.~--_: I Page 3 CLG Annual Report Delray Beach, Florida (3 d.) Appointments to the Board (continued). -- Diane DeMarco was appointed to fill a Board vacancy on April 1l, 1989. In June, 1989 Miss DeMarco was appointed to a full two year term. Resume attached. A list of all current Board members is attached. (4) Administration Activity VARIANCES: Exhibit H The Board approved a Variance Application form and established a Variance Application fee of $l5l.25. Twelve (12) variance requests have been granted. CERTIFICATES OF APPROPRIATENESS: Exhibits I, I-1, I-2 The application for a Certificate of Appropriateness has been revised twice from its original form: Exhibit I. The first revision was in November, 1988: Exhibit I-l. The second revision was made in August, 1989: Exhibit I-2. The City Commission approved a $25.00 COA filing fee on November 8, 1.88; Ordinance No. l4l-88. ,- · The Historic Preservation Board has reviewed sixty (60) COAs in this reporting' year. CURRENT STAFF In July, the Historic Preservation office was relocated from the Department of Community Improvement to the Planning and Zoning Department. David Kovacs, Director of Planning and Zoning. J Stanley Weedon, Assistant Director, Planning and Zoning. patricia Cayce, Historic Preservation Planner. (5) Report on CLG Grant Supported Activities In 1989 the City received a $4,000 grant award and $5,500 was matched by the City, for a total $9,500. These funds are to be used for pUblishing the Delray Beach Design Guidelines as specified in our Historic Preservation Ordinance. , . , ··,;tJ . , . ,. .å118 .ò<L..,{-.".¡'f'ICo! '.'''' .__ _J... .- 'r ',¡J .L_ ~ _.- --~. ",.,. ~.£i:.:' . -... . :'--,;~ ~ ---1-.c .. J t :. . Page 4 CLG Annual Report . Delray Beach, Florida ( 5 ) Report on CLG Grant Supported Activities (continued). The RFP was published in October and two proposals have been received. The Board has scheduled a Speci~ Meeting for December 4, 1989 to review the proposals and in~erview the applicants. A copy of the propos~ls will be sent for your consideration and review. Community Educational Activities 1- The first annual historic preservation conference "This Old Town" was sponsored by the Board in January, 19a9. The conference attracted approximately 100 guests and was well received by both local residents and visitors. Exhibit J. 2. The Board has made every effort to support the Morikami Museum in its goal to obtain funds to relocate the Sundy Feed Store (Local Register of Historic Buildings) from downtown Delray Beach to the museum grounds. 3. The Hi&tori~ Preservation Board nominated the Cason Cottage, ""I' Delray's Historical Museum, for the Florida Trust's annual Preservation Award. Cason Cottage was awarded a . Meritorious Preservation citation for restoration of a residential structure. . , . ) ! ; ',..,. ,; ., .' " .. .~. -- "- ~ . ~ __,~'t-"-,.....',~,........., ... .:.; .- ,- - -. .~ -_._~ . ....... ..~ \ . EXHIBIT A . . \ :IYY OF DELRAY BEA[H ,7Y f,·', i'UHí~~Y!£ ûFFiCE ~:o S.L I" SI tUET. Stall".t nl'llt.\ \' nE"CII. FLORIOA 334113 .n7/~·O·1t1") TU.H.'OI'IEI{ '1I7/~"·:..nss --' !. F.~·;ORl\NDU!1 ¡)ate: January 10, 1989 '.Lo: Uistcric Preservation Board .. ~':"~. : ~t~::.~!". i,.. ':":" . ,~., r A~sistant City Attorney I . .....; , ~ ", ,-. ~ .. ..:.... ...:,. :·:·'3serv:'.~io:1 Board Þ.rnc:'i¿mcnt .Þ . .. e. . ;,:. r.ached please find a cc¡...·P of the latest amencime n t to the .to' :t i!istoric Preservation Board ordinance passed by the City :ommission on December 13, 1988. ~J SAR:sh Attachment cc: Frank Spence, Director of Development Services Lula Butler, Director of Community Improvement Pat Casey . . - ,. . , ". / , ...". . - . ì If) .... l. . . .. , . . ~RDINANC! NO. 153-88 ../ l\N ORDINANCE OF THE CITY COMMISSION OF THE CIT{ OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 174, "HISTORIC P~E5ERVATIONn,. OF THE CODE or ORDINANCES OF THE CIT{ OF DELRAY BEACH, FLORIDA, BY ~ING, "GENERAL PROVISIONS", SECTION 174.02, "DEFINITIONS" ÄMENDING THE DEFINITION OF UNDUE ECONOMIC HARDSHIP, TO FURTHER C~IFY THE NE!.1) FOR. 'rim CONSIDERATION or UNDUE ECONOMI C HARDSHIP WHEN CONSIDERING APPLICA- TIONS FOR CERTIFICATE OF APPROPRIATENESS, INCLUDING BUT NOT LIMITED TO CU':IIICA'rB OJ' )..1Il'~OnIAT'EN!.SS APPLICATIONS REOUES'l'Et) BY ÞROPD'l"l OWNERS FOR DEMOLITION BY AMENDING, "CERTIFICA'l'Z OJ' APPROPRI- . ATENESS", SECTION 174.30, "BASIC REQUIì\EMEN'tS" , SUBSECTION 174.30(B), TO PROVIDB THAT PLAN REVIEW" IS REQUIRED; BY REPP.LING "CERTIFICATE OF APPROPRIATE- NESS", SECTION 174.32, "INITIATION 100) PROCEDUU", \ SUBSECTION 1 7 4 . 3 2 ( B) AND ENACTING A NEW SUBSEC'l'ION I 174.32(B), TO PROVIDE THAT APPLICATIONS FOR CERTIFI- CATE or APPROPRIATENESS MUST BB FILED WITH THE DEPARTMENT OF COMMUNITY IMPROVEMENT AND AMENDING SUBSECTION 174.32(F), TO PROVIDE THAT A CERTIFICATE OF APPROPRJ:ATENESS SHALL EXPIRE EIcnrrEEN MON'rH.S PROM DATE OF ISSUANCE, ELIMINATING THE TWENTY-FOUR MONTH EXPIRATION PERIOD IF 25\ OF THE IMPROVEMENTS ARE Nar COMPLETEDz BY Þ.MENDING "HISTORIC PRESERVATION BOARD", SECTION 174.43, "POWERS AND" DUTI ES" , BY >.MENDING SUBSECTION 1.74.43(F), TO CLAAl" 'rR>.T THE HISTORIC PRESERVATION BOAlU) HAS POWU T~ ACT IN LIEU OF THE· BOARD OF ADJUSTMEN'1' IN ORD TO GRAN'r V~IJo.NCES FROM THE stGN CODE; BY Þ.MENDING "~MINIS- TRA'rION AND ENFORCEMEN'r" , SECTION 1;4.54, "'IARI1\NCES", SUBSECTION 174.54(B)(1), TO PROVIDE ADDITIONAL CRITERIA FOR VARIANCES REQUESTED BECAUSE OF UNNECESSJ.RY HXRDSHIP,. AS '4LL AS CRI'l'ERIA FOR A VARIANCE walCH IS NECESSARY TO MAINTAIN THE HISTORIC CH1\RACTER OF THE BUILDING, STRUCTURE, SITE, OR DISTRICT, AND AMmtDING SUBSBCTION 174.54lB) (7) BY ENACTING ~ NEW SUBSECTION 174.S4(b) (7) (D) TO PRECLUDE SIGN CODE VARIANCES EXCEP'r FOR VJ.RIANC!S TO THE SIGN CODE FOR THOSE NONCONFORMING SIGNS IN EXISTENCE ON THE DATE or THE ENAC'1'MZN'l' or THE SIGN CODE Þ-ÑD AMENDING SUBSECTION 174.54(B)(12), TO PROVIDE C~IFICA'rION THAT EI'I'HD. AN "UNNECESSAAY HARDSHIP" OR THE NEED TO MAINTAIN '!'BE HI S'rORI C CHAUCTER OF THE BUILDING STRUCTURE, SITE, PROPD.'rl OR DISTRICT SH>.LL SUVE AS A BASIS FOR A V1>JlI~C!.; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A S~VING CLAUSE, PROVIDING XN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, F'lor lda, wishes to clarify certain aspects of Chapter 174, "Historic prese-rvation" of the Code of Ordinances of the City of Delray Beach, \: ..... . , .. . ...;...00-_- .;.~. ¡8' ~ ,. -A."-'''''_ . ......-.. " ~,""W''''''''~'~ ' . .,',' t';·· ..""" .', pM/. ~.:~.:<;.. _.,."_ ..:_.'.~_ .~.,.~_.._ ,.':. .. __":'._."d_ ... . .-.. .. .-.....-.... ,., . ) -' Florida and Ordinance No. 109-S8, recently adopted which amended Chapte: 174, "Historic Preservation". NOW, 'rHEREFOP.E, BE IT ORDA:!NED BY THE CITY COMMISSION OF TH1 CITY OF DELRAY BEÄCH, FLORIn~; AS FOLLOWS: Section 1. That ~hapt.9r 114, "Historic Preservation" , "0en~ral Provisions", Section 174.02, "Definitions" , of the Code of Ordinances of the City of Delray Beach, Fl.orida, be, and the same i! }1ttrecy amended, by amendinq the definition of "Undue Economic Hardship" as follows: "t1ndue 'Economic Hardship". An exceptional financial burden created by the implementation of or created by conditions im osed ursuant to Sections 174.31 or 174.33, that miqht otherwise amount to ta ng of property w thout ust compensa- tion, 01 failure to achieve a reasonable economic return. Section 2. Tha t Chapter 174, "Historic Preservation", "Cer- tificate of Appropriateness", Section 114~30, "Basic Requirements", Subsection 174.30(B) is hereby amended as follows: ( B) .-. .-... ~-. . .--. ~, Section 3. That Chapter 174, "Historic Preservation" , "Certificate of Appropriateness", Section 174.32, "Initiation and Procedure", of the Code of Ordinances of. the City of Delray Beach, Florida, is hereby amended by repealing Subsection 1?4.32(B) by enacti~q a new Subsection 174.32(B) and amending Subsection 174.32(F), as follows: (B) An application for a Certificate of Appropria.teness" must be filed with the Department of Development Services by the first Friday of the month. The ~ppli~ant shall pay a filinq fee of $25.00, and no application will be acted upon by the Board unless it contains all required and ,pertinent: information and is accompanied by the required fee. tF) The Boar~ may approve, modify or deny a~ application for a Certifica~e of ~ppropriateness. If the Board ~pproves the application, a Certificate of ~ppropri- atenoss will be issued. Construction for which a. Certificate of Appropriateness is issued shall cC\rranenc~ witnin 18 months: from the date of issuance, ~.: 2 - it ORD. NO. 153-88 - ---.-.-- -- -- ~ .. .-..,.,.-,.- .-..- ..- . . ~. . -' ~_.. . - -, - '""'. .~ 'f!' 10...: .;:.:ur.,.:·..·~::-:_':· e:.XN-/A/r ,._')~,.,.... ~. . . "" ;.' I , -' aftå 2r the ~~rtificate shal) expire. i!-~S\~o£-e~e a"reveå-~p~evemeft~s-ftave-fte~-Þeeft-ee~p%e~eå-w~~ft~~ %4-m~ftehs·!rem-~he-da~e-ef-iaa~afteeT The Board may not approvaextensiona for certificates of ~ppropri- 4t~ness. If the Board disapproves the applicàtion, a Certificate of Appropriateness shall not be issued. The Board will state its reasons for disapproval in writing and present these reasons to the applicant within ten calendar days of the Board's disapproval. Section 4. That Chapter 1 i 4, "Historic Preservation" , "Historic Preservation Board", Section 174.43, "Powers and Duties", Subsection 174.43(F), of the Code of Ordinances of the City of. Delray Beach, Florida is hereby amended as follows: , (F) Act ln lieu of Board of Adjustment. The Board shall act in lieu of the Board of Adjustment and is empowered to grant variances from existinq ordinances for properties designated as historic sites, aAd-!er-pre,er'.ea-aa4-s.~s7 within designated historic districtsT or listed on the Local Register of Historic Places. In addition, the Board is empowered to grant variances from the sign code for those non-conforming signs which existed at the time of enactment of the sign code. Section 5. That ChApter 174, "Historic Pr,servation", "Admin- istration and Enforcement", Section 174.54, "Variances", is hereby amended by amending Subsection.. 1 i 4. S 4 ( S) ( 1) ·and 174 ( B) ( 12 } and by £mending Subsection 174.S4(B)(7) by enacting & new sub-subsection 174.S4(B)(7)(D) as follows: (B) The Boaxd shall not grant a varianco from the terms of existing ordinances unless and until: ( 1 ) ( a) 'I'ha t a variance would not De contrary to the public interest, safety or welfare. (b) That special conditions and circumstances exist, because of tho historic setting, location, nature or character of the land, st.ructure, appurt.enance, sign or building involved, whicb are not. applic&ble to other lands, ~tructurea, appurtenances, ai9ns ot buildings in the same zoning district, which have not been designed as historic sites or a historlc district, nor listed or the Local Register of Historic Places. ) OM. NO. 153-98 ,~ .- "'-' ~1i l .- ..~ -. .-., ..... - -"-- I ~) L .,.. . . {~) Literal interpretatio~ of the provisions of existing ordinance a would alter the historic cha~acter of the historic district or historic site to s~ch an extent that it would not be feasible to preserve the historic character of the historic district or historic site. (d) The variance requested is the miniraum neces'sary to maintain the preservation of the historic cnnractcr of the historic site or of the historic district. (i) Variancp.s Prohibited. . (D) Sign Code. The Board is hereby expressly prohibited from granting a variance from the :3iqn code, except that the Board ma.y qrant a varid.nce from the sign code for those noncon- forminq signs which existed at the time of the enactment of the sign code. (12) A variance from the terms of existing ordinances shall only be granted to preclude unnecessary hardships anà or to maintain the historic character of the building, structure, ~, property or district. Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, word, be c1.clared by a court of competent jurisdiction io be invalid, such decision shall no't effect the validit.y of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 7. That all ordinances or parts of ordinances in conflict herewith, be and the same are hereby repealed. Section 8. That this ordinance shall become a effective immediately, upon second and final reading. PASSED AND Þ.DOP'l'ED in regular session on second and final reading this 13th day of December , 1988. Q~/øÀ!¿~ · M A"i R . .... - . ,. -.. .._- .. 1\'I'TEST: ~~A.,n'.~ -If r: t C ark First Reading November 22. 1988 ~e.::ond Reading December l3, 1988 4 ORD. NO. 153-88 . \