08-28-90 Regular
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - AUGUST 28, 1990 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
- COMMISSION CHAMBERS
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments.
However, as a general rule, the order of presentation shall be as
follows: City Staff, comments by the public, Commission discussion
and official action. City Commission meetings are business meetings
and as such, the Commission retains the right to limit discussion on
any issue. In most cases remarks by an individual will be limited to
three minutes or less (10 minutes for group presentations), The Mayor
or presiding officer may adjust the amount of time allocated at
his/her discretion.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter
within the scope of jurisdiction of the Commission under this
section. The Commission may withhold comment or direct the
City Manager to take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item
under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
those individuals wishing to address public hearing and/or
non-agendaed items should complete the sign-in sheet located on
the right side of the dais. If for some reason you are not able
to complete the sign-in sh~t- prior to the start of the meeting,
you will not be precluded( for addressing the Commission on an -
appropriate item. The primary purpose of the sign-in sheet is to
assist staff with record keeping. Therefore, when you come up to -
the podium to make your comments, kindly complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please
step up to the podium and state, for the record, your name and
address. All comments will be addressed to the Commission as a
body and not to individuals. Any person making impertinent or
slanderous remarks or who becomes boisterous while addressing the
Commission shall be barred from speaking further to the Commission
by the presiding officer, unless permission to continue or again
address the Commission is granted by majority vote of the
Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
4
Agenda
Meeting of 8/23/90
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Regular Meeting minutes of August 14, 1990.
6. Proclamations:
A. Emergency Medical Services Week- September 16-22, 1990.
B. Calling for a Referendum Election to be held on November 6th
for the purpose of placing before the voters of Delray Beach three
questions pertaining proposed changes to the City Charter.
7. Presentations: None.
8. Consent Agenda:
A. CONTRACT RENEWAL- DEPARTMENTAL MEDICAL DIRECTOR: Approve
contract renewal for Dr. Joseph Yates as Departmental Medical
Director for the Fire Department for a one year period from
October 1, 1990 to September 30, 1991. City Manager recommends
approval.
B. CONTRACT RENEWAL- AFTERSCHOOL PROGRAM COORDINATOR: Approve
contract renewal for Carolyn Parker from October 1, 19-90 to
September 30, 1990 as Program Coordinator for the Afterschool
Program at Carver Middle School, Pompey Park and the Civic Center.
City Manager recommends approval.
C. GYMNASTIC INSTRUCTION- AFTERSCHOOL PROGRAM: Approve an
agreement with Boca Academy of Gymnastics to provide gymnastic
instruction to the participants in our Afterschool program in the
approximate amount of $5,720 with funding from Children's Service
Council Grant (Account No. 001-4105-572-34.11). City Manager
recommends approval.
D. AMENDMENT NO. 1 TO THE CONTRACT BETWEEN THE CITY AND WASTE
MANAGEMENT: Approve an amendment to the contract with Waste
Management which provides the mechanism to furnish payment to them
for those properties which were annexed into the City prior to
October 1, 1989 and those properties which were not previously
billed. City Manager recommends approval.
E. CHANGE ORDER NO. 1 : Approve Change Order No. 1 to the Post,
Buckley, Schuh and Jernigan contract in the amount of $10,100 for
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Agenda
Meeting of 8/28/90
additional geotechnical services required for the Water Main
Subaqueous Crossing (Intracoatal water line project). Funding is
available in Water and Sewer Transmission Storage
Fees/Intracoastal Crossing (Account No. 441-5181-536-69.03) . City
Manager recommends approval.
F. REQUEST FOR FINAL PAYMENT: Approve final payment to
Hardrives, Inc. in the amount of $13,840.55 for completion of
pavement restoration at N.E. 4th Avenue with funding from N.E. 4th
Street Waterline Extension (Account No. 441-5123-536-64.21). City
Manager recommends approval.
G. REQUEST FOR WAIVER: Consider a request for waiver of the City
Code to reduce the required interior road at the Miller Tank and
Booster Station from 24 feet to 15 feet. Planning and Zoning
Board recommends approval.
H. ACCEPTANCE OF COMMUNITY DEVELOPMENT BLOCK GRANT FINAL 1990-91
STATEMENT OF OBJECTIVES: Accept final statement of objectives and
list of expenditures of CDBG funds for fiscal year 1990-91. City
Manager recommends approval.
1. RESOLUTION NO. 75-90: A Resolution assessing costs for
abatement action required to remove junked vehicles on five
properties located within the City. City Manager recommends
approval.
J. RESOLUTION NO. 76-90: A Resolution assessing costs for
abatement action required to demolish an unsafe structure at 410
S.W. 2nd Street. City Manager recommends approval.
K. RESOLUTION NO. 77-90: A Resolution assessing costs for
abatement action required to board up an unsafe structure and
emergency action required to remove an unsafe condition at 1132
N.E. 9th Avenue. City Manager recommends approval.
L. AWARD OF BIDS AND CONTRACTS:
1. Rental Rehabilitation- Community Development- MASCO in the
amount of $17,000 for rehabilitation of property at 128 S.W.
3rd Avenue with funding from Rental Rehab Grant (Account No.
118-1975-554-60.28) .
2. Pipe Fittings and Accessories- Annual Contract- multiple
low bidders in an estimated amount of $52,000 with funding from
Repair and Upkeep Water Meters (Account No.
441-5123-536-33.33).
3. Emergency Interconnect with Boca Raton- Public Utilities-
W. Jackson and Sons Construction Company in the amount of
$91,987.88 with funding from 1984 Water and Sewer Contingency
Fund (Account No. 441-5162-536-60.48.
9. Regular Agenda:
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Agenda
Meeting of 8/28/90
A. INTERLOCAL AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY:
Consider approving an interlocal agreement between the City and
Palm Beach County defining the distribution of proposed one-half
percent "Local Government Infrastructure Surtax" . City Manager
recommends approval.
A.1. REQUEST FOR FUNDING: Consider request for $10,000 to help
defray the costs of hosting the 33rd Annual Sunshine Cup and 14th
Annual MCB Continental Players Cup Tennis Tournaments to be held
at the International Tennis Center (Lavers), December 10th through
17th.
B. SITE PLAN APPROVAL: Consider request for site plan approval
for a proposed five story, 15 unit condominium development
(Heritage Manor) to be located on the southeast corner of Miramar
and Venetian Drives. Planning and Zoning Board recommends denial
(4-3 vote).
C. CONDITIONAL USE APPROVAL: Consider request for conditional
use approval for the establishment of Savoy ACLF at 210 S.E. 1st
Avenue. Planning and Zoning Board recommends denial.
D. CONDITIONAL USE MODIFICATION: Consider request for
modification to the conditional use for expansion of the land area
for Fleet Leasing located on Federal Highway, north of S.E. 3rd
Street. No Planning and Zoning Board recommendation.
E. EXTENSION OF CONDITIONAL USE AND SITE PLAN APPROVAL: Consider
request for extension of conditional use and site plan approval
for the Isle of Delray SAD (Special Activities District) .
Planning and Zoning Board recommends approval (4-1 vote) .
F. SITE PLAN APPROVAL: Consider request for site plan approval
for the Weiner Office Building to be located at the northwest
corner of Swinton Avenue and N.W. 1st Street. Planning and Zoning
Board recommends approval.
G. SITE PLAN APPROVAL: Consider request for site plan approval
for a Walgreen's to be located north of N.E. 4th Street, between
N.E. 5th and 6th Avenue. Planning and Zoning Board recommends
approval.
H. APPOINTMENT OF FIVE REGULAR AND TWO ALTERNATE MEMBERS TO THE
BOARD OF ADJUSTMENT: Appoint five regular and two alternate
members to the Board of Adjustment (three members to a one year
term and four members to a two year term). *Note: (Appointment of
members to be done after approval/second reading of Ordinance No.
25-90 pertaining to the Land Development Regulations.)
I. APPOINTMENT OF NINE MEMBERS TO THE BOARD OF CONSTRUCTION
APPEALS: Appoint nine regular members to the Board of
Construction Appeals (three members to a one year term and six
members to a two year term). *Note: (Appointment of members to be
done after approval/second reading of Ordinance No. 25-90
pertaining to the Land Development Regulations.)
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Agenda
Meeting of 8/28/90
J. APPOINTMENT OF FIVE REGULAR AND TWO ALTERNATE MEMBERS TO THE
SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint five regular and
two alternate members to the Site Plan Review and Appearance Board
(three members to a one year term and four members to a two year
term) . *Note: (Appointment of members to be done after
approval/second reading of Ordinance No. 25-90 pertaining to the
Land Development Regulations.)
K. APPOINTMENT OF SEVEN MEMBERS TO THE HISTORIC PRESERVATION
BOARD: Appoint seven regular members to the Historic Preservation
Board (three members to a one year term and four members to a two
year term). *Note: (Appointment of members to be done after
approval/second reading of Ordinance No. 25-90 pertaining to the
Land Development Regulations.)
L. APPOINTMENT OF SEVEN MEMBERS TO THE PLANNING AND ZONING BOARD:
Appoint seven regular members to the Planning and Zoning Board
(three members to a one year term and four members to a two year
term) . *Note: (Appointment of members to be done after
approval/second reading of Ordinance No. 25-90 pertaining to the
Land Development Regulations.)
M. GULF STREAM BOULEVARD MEDIAN IMPROVEMENTS: Provide staff
direction regarding a proposed interlocal agreement between the
City and Boynton Beach for the upgrade of medians along Gulfstream
Boulevard.
N. ALLOCATION OF FUNDING FOR OUTSIDE COUNSEL FEES: Allocate
funding to cover $85,000 in accumulated outside counsel fees.
O. EXPENDITURE FROM THE LAW ENFORCEMENT TRUST FUND: Authorize
expenditure from the Law Enforcement Trust Fund (Account No.
112-2172-521-35.15) in the amount of $2,475 to purchase 45 ASP
Expandable Batons. City Manager recommends approval.
P. APPOINTMENT OF A VOTING AND ALTERNATE VOTING DELEGATE TO THE
NATIONAL LEAGUE OF CITIES: Appoint a voting and alternate voting
delegate to represent the City at the Annual Business meeting of
the National League of Cities.
Q. RESOLUTION NO. 78-90: A Resolution authorizing and directing
the City Manager to cause to be placed on the November 6, 1990
Delray Beach Referendum Election Ballot three questions relating
to the City Charter. *Note: (This Resolution cannot be approved
until after approval/second reading of Ordinances 36-90, 37-90,
and 38-90 pertaining to changes to the City Charter.)
10. Public Hearings:
A. ORDINANCE NO. 25-90: An Ordinance amending the Code Of
Ordinances by repealing and amending certain Code sections to
provide for the implementation of the Land Development
Regulations.
B. ORDINANCE NO. 34-90: An Ordinance amending the Code of
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Agenda
Meeting of 8/28/90
Ordinances to provide a coastal protection plan for the City.
C. ORDINANCE NO. 35-90: An Ordinance amending the Code of
Ordinances by enacting a new subsection, "Prohibition of Nudity,
Partial Nudity, Sexual Conduct at Alcoholic Beverage
Establishments".
D. ORDINANCE NO. 36-90: An Ordinance amending the City Charter
to provide that no member elected to serve as a City Commissioner
shall serve more than two ( 2 ) consecutive, two year terms in
office. This ordinance also provides for a referendum election to
be held on November 6, 1990.
E. ORDINANCE NO. 37-90: An Ordinance amending the City Charter
to provide that at least four affirmative votes are needed to
terminate the City Manager, that 72 hours public notice is given
and that a public hearing is held. This ordinance also provides
for a referendum election to be held on November 6, 1990.
F. ORDINANCE NO. 38-90: An Ordinance amending the City Charter
to provide that at least four affirmative votes are needed to
terminate the City Attorney, that 72 hours public notice is given
and that a public hearing is held. This ordinance also provides
for a referendum election to held on November 6, 1990.
G. REQUEST FOR WAIVER TO THE CITY CODE: Conduct public hearing on
request for waiver to the Sign Code to permit a 17 foot sign with
a 138 square foot sign cabinet within 10 feet of the property line
of Mobil Oil Company located at 1001 South Congress Avenue.
Community Appearance Board recommends approval. Staff recommends
denial.
H. REQUEST FOR WAIVER TO THE CITY CODE: Conduct public hearing on
request for waiver to the Sign Code to permit a second free
standing 17 foot sign with a 62 foot sign cabinet at the Saturn
Dealership located at 2800 South Federal Highway. Community
Appearance Board recommends approval. Staff recommends denial.
I. REQUEST FOR WAIVER TO THE CITY CODE: Conduct public hearing on
request for waiver to the Sign Code to permit a free-standing 18
foot sign with a 120 square foot sign cabinet within 18 feet of
the property line; a 18 foot sign with a 91 square foot sign
cabinet within seven feet of the property line; and a 18 foot high
sign with a 61 square foot sign cabinet at the Wallace Dealership
located at 1111 Linton Boulevard. Community Appearance Board
recommends approval subject to conditions. No staff
recommendation.
J. REQUEST FOR WAIVER TO THE CITY CODE: Conduct public hearing on
request for waiver to the Sign Code to permit a 375 square foot
flat wall sign on the Costco Building located at 500 Linton
Boulevard. Community Appearance Board recommends approval.
Community Appearance Board recommends approval subject to
conditions. No staff recommendation.
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Agenda
Meeting of 8/28/90
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
12. First Readings:
A. ORDINANCE NO. 39-90: An Ordinance amending the SAD (Special
Activities District) for the Gulfstream Building located on the
north side of George Bush Boulevard (N.E. 8 th Street) I east of the
Intracoastal Waterway to provide for modified conditional uses.
Planning and Zoning Board recommends approval.
B. ORDINANCE NO. 40-90: An Ordinance amending the Code of
Ordinances by enacting a new section "Annexation, Unbilled
Properties, Remedial Provisions" to provide for billing of annexed
properties and previously unbilled properties receiving refuse
collection services from Waste Management Inc. City Manager
recommends approval.
13_ Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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".
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - AUGUST 28, 1990 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
ADDENDUM
The Consent Agenda is amended to read:
B. CONTRACT RENEWAL- AFTERSCHOOL PROGRAM COORDINATOR: Approve
contract renewal for Carolyn Parker from October 1, 1990 to
September 30, 1991 as Program Coordinator for the Afterschool
Program at Carver Middle School, Pompey Park and the Civic Center.
City Manager recommends approval.
The Regular Agenda is amended to read:
J. APPOINTMENT OF SEVEN REGULAR MEMBERS TO THE SITE PLAN REVIEW
AND APPEARANCE BOARD: Appoint seven regular members to the Site
Plan Review and Appearance Board (three members to a one year term
and four members to a two year term) . *Note: (Appointment of
members to be done after approval/second reading of Ordinance No.
25-90 pertaining to the Land Development Regulations.)
CITY DF DELAAY BEA[H
., . ,. - - - =;: ._..;;.,..:.. ~ ..;,= -\ _.....:.: _,>":: e;...:. JJ-.1.,J.j, \ - - \ " !
PROCLLlfA rID \
WHEREAS, the members of emergency medical services teams
provide lifesaving medical care, often under highly stressful
conditions in life threatening situations, thereby risking their
lives to save the lives of others; and,
WHEREAS, around-the-clock emergency medical services are
made available through the efforts of dedicated volunteers, first
responders, emergency medical technicians, paramedics, emergency
nurses and physicians; and, r ..;~,
WHEREAS, the citizens of and visitors to the State of ,
,
Florida benefit daily from the knowledge and sk i 11 of these
trained individuals; and, k'
WHEREAS, it is critical that the general public be made
aware of, understand, support and effectively use its local
emergency medical services system; and,
NHEREAS, recognition is due to all members of emergency
medical services teams for their unselfish dedication to all
Floridians,
NOW THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim September 16 through
September 22, 1990, as
"EMERGENCY MEDICAL SERVICES WEEK"
in the City of Delray Beach, with a special emphasis on encourag-
ing the people of Florida to observe this week with appropriate
programs, ceremonies and activities.
IN NITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Beach, Florida, to be
affixed this 28th day of August, 1990.
.
MAY 0 R
THOMAS E. LYNCH
'II
SEAL
CITY ATTORNEY'S OFFICE TEL ~jo. 407 278 4755 Rug 24,90 15:00 F' . Cl4
PR~LAMATION
WHEREAS, the Constitution, applicable laws of the
State of Florida, the Charter of the City of De1ray Beach,
Florida, and the Code of Ordinances of the City of Del ray
Beach, Florida provide for the calling of a Referendum
election; and,
WHEREAS, the City Commission has determined that the
question of amendments to the City Charter should be put to a
referendum of the electors of the City of Delray Beach on
November 6, 1990.
NOW, THEREFORE, I, TOM L YNCI1, Mayor of the City of
Delray Beach, Florida, do hereby call for such referendum
election to be held on Tuesday, November 6, 1990, between the
hours of 7:00 a.m. and 7:00 p.m'l with all precincts and
Polling Places in the City of Delray Beach as designated by the
Superv isor of Elections for Palm Beach county, Florida, being
as follows:
Precinct No. Polling Place
166 & 166A Delray Community center, 50 N.W. 1st Avenue
166B Pines of Delray N. Clubhouse, 1641 N.W. 18th Ave.
166C Country Manor Clubhouse, 4900 Country Manors Blvd
170 St. Vincent Ferrer's Church, 740 Palm Trail
171 Delray Community Center, 50 N.W. 1st Avenue
171A Fire Station '4, Northeast Corner of Barwick Road'
Lake Ida Rd.
172 Pompey Park Recreation Center, 1101 N.W. 2nd St.
173 Carver Middle School, 301 S.W. 14th Avenue
174, 174B Oelray Beach Mall, Northwest Corner of Federal
176 Highway and Linton Boulevard
174A Sun Sentinel, 3333 South Congress Avenue
175 Delray Lions Club, 115 S.E. 4th Avenue
J l76A Linton Promenade, 5130 Linton Boulevard (Community
0. room at west end of complex)
~
I
178 Boca Raton-Oelray Beach GOld coast Church of Christ,
640 Bluebird Prive
179 Pines of Delray Clubhouse, 2451 Black Olive Blvd.
189 & 190 Adult Recreation center, 801 N.E. 1st Street
All qualified electors of the City ot Delray Beach,
Florida, shall be entitled to vote in such election.
IN WITNESS WHEREOF, I have hereunto 5et my hand and
i caused the Seal of the City of Delray Beach, Florida, to be
1 affixed this day of , 1990.
"
Tom Lynch, Mayor
, .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #~ - MEETING OF AUGUST 28, 1990
RENEWAL OF CONTRACT- DEPARTMENTAL MEDICAL DIRECTOR
DATE: August 24, 1990
This item is before you for renewal of the contract between the City
and Dr. Joseph Yates, the Departmental Medical Director for the Fire
Department. State Statutes mandate that every Emergency Medical
Services Agency utilizing Paramedics shall employ a Medical Director
to oversee the pre-hospital portion of the EMS System and to maintain
necessary quality assurance standards. This renewal is for a one year
period from October 1, 1990 to September 30, 1991. Provisions of the
contract provide that the City will pay for medical malpractice
insurance, payment of a monthly stipend in the amount of $1,650, and
payment of travel and training expenses up to $2,200. Additionally,
there is a "funding out" clause contained in the contract which would
immediately terminate it should the Commission fail to provide funding
during the budget process.
Recommend approval of renewal of contract with the Dr. Yates.
CI~Y RTTORNEY'S OFFICE TEL r,ll]. 407 278 4755 Rug 23,90 10:46 F'. ::12
'.. . _. ~ ,. '. V' '" . - ,.t' . . ...~.. I .
[IT' DF DELAAY BEAI:H '.
..
. .' ' ;'.1 ... . "
CITY ATTORNEY'S OFFICE 311) S.".. 1St STREET, SlIlTE 4 DELRAY BEACH, ROil-IDA 33483
407/243.1090 TELECOPIER 401/278-4 7SS
MEMORANDUM
Date: August 22, 1990
To: David Harden, City Manager
From: Susan A. Ruby, Assistant City Attorney
Subject: Renewal of contract - Medical Director
. .
Our office has reviewed the agreement between the City and Dr.
Joseph R. Yates, M.D. for the provision of Medical Direct.or
services to the Fire Department and find that this agreement Is
acceptable as to legal sufficiency and form. The contract 1s
identical to previous contracts entered into by the ~y except
for the increased stipend referred to in Paragraph 2 of Kerry
Koen's letter to you of August 10, 1990 and the expansion of
duties referred to in Paragraph 3 of Kerry Koen's letter which
is 1 iml-ted to providing recommendations to the Fire Chief
pertaining to occupational safety and health issues. These two
matters are polley matters which requires determinations by the
City Administration and City Commission.
By virtue of the agenda request attached hereto, Chief Koen has
requested that this contract be placed on the August 28, 1990
regular agenda for City Commission approval.
not hesitate to contact me should you desire further
At.tachment
cc Chief Kerry Koen, Delray Beach Fire Department
<1A
;1
[ITV DF DELIAY BEA[H
FIRE DEPARTMENT
!~L_E M 0 RAN DUM
TO: DAVID T. HARDEN, CITY MANAGER
FROM: KERRY B. KOEN, FIRE CHIEF
DATE: AUGUST 10, 1990
SUBJECT: RENEWAL OF CONTRACT - MEDICAL DIRECTOR
As you know, Section 401.265, Florida Statutes requires
every Emergency Medical Service Agency utilizing Paramedics to
employ a Medical Director to oversee the pre-hospital portion of
the Emergency Medical Services System and to maintain necessary
quality assurance standards. The attached agreement renews our
current contract with Dr. Joseph R. Yates, M.D. who has served
satisfactorily as our Medical Director for approximately two
Y'2!ars. Dr. Yates desires to r'2!view the agreement for one
additional year and the Fire Department agrees that the contract
should be extended.
The contract provides for an increase in his stipend of
$150.00 per month and a $200.00 increase in the amount of his
allowance for training and professional conferences. Overall
this is a 10% increase in the contract amount. However, this is
the first increase in the stipend portion of the contract in four
years. We have projected the impact of this increase in our
r'2!quested operating budget.
The agreement also expands the duties of the Medical
Director to designate this individual as the Fire Department's
physician for the limited and specific purpose of providing
recommendations to the Fire Chief pertaining to occupational
safety and health issues. This relates to our need to comply
with certain Federal O.S.H.A. Standards and other recommended
practices pertaining to annual physical examinations for
personnel involved in hazardous materials incident control. The
design and content of these examinations should be determined by
a physician conversant with field and environmental conditions
experienced by responding personnel. As the Medical Director is
already involved extensively with our system and observes actual
conditions as part of his other duties, it is appropriate and
efficient to use this individual's expertise for this purpose.
- - r- -. .. - ," -~ :,')QUARTE::;S. :0' ',VEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444
407 243 7400. FAX 407 2654660
Subject: Medical Director Contract Page 2
It is requested that this agreement be placed on the City
Commission's Agenda on August 28, 1990 for their consideration
and approval.
\I~ qs. \Ct,......
Kerry B. Koen
Fire Chief
KBK/ew
Attachments: 2
cc: Dr. Joseph R. Yates, M.D.
AGREEMENT
THIS AGREEMENT made and entered into as of the date
last written below, by and between the City of Delray Beach, a
Florida municipality, located in Palm Beach County (hereinafter,
referred to as "CITY") and Joseph R. Yates, M.D. '. a Florida
licensed physician (hereinafter referred to as "MEDICAL
DIRECTOR").
WHEREAS, the City desires to employ a MEDICAL DIRECTOR
for the advanced life support services provided by the Fire and
Emergency Medical Services Department of the City, and other
administrative purposes and functions; and
WHEREAS, the MEDICAL DIRECTOR desires to be employed by
the CITY as an independent contractor to supervise and accept
responsibility for the medical performance of Emergency Medical
Technicians (EMT's) and Paramedics functioning for the Emergency
Medical Services system of the Fire and Emergency Medical
Services Department of the CITY, under the provisions of Chapter
401, Florida Statutes.
NOW THEREFORE, in consideration of the mutual promises
and benefits as set forth herein, the CITY and the MEDICAL
DIRECTOR agree as follows:
I. The MEDICAL DIRECTOR agrees to both directly and
indirectly supervise and accept responsibility for the medical
performance of Emergency Medical Technicians and Paramedics
functioning for the Emergency Medical Services System of the Fire
and Emergency Medical Services Department of the CITY. Such
supervision shall be accomplished by, though not limited to:
a. Actual accompaniment of Paramedics on rescue
calls,
b. Monitoring of radio transmissions to
emergency facilities,
c. Review of rescue run documents, and
d. Conference and/or meetings in both individual
and group situations.
Medical Director Agreement Page 2
These duties will be performed periodically by the MEDICAL
DIRECTOR at his/her convenience as often as is necessary to
insure that proper medical standards and procedures are being
followed. The MEDICAL DIRECTOR shall provide the Fire Chief
written reports at least quarterly regarding efficiency and
effectiveness and general performance of the Emergency Medical
Services System.
II. The MEDICAL DIRECTOR shall be responsible directly
to the Fire Chief of the CITY; provided, however, that nothing
herein shall in any way authorize any limitation or restrictions
by the CITY or the Fire Chief on the professional acts and advice
of the MEDICAL DIRECTOR. It is recognized that the MEDICAL
DIRECTOR is otherwise fully employed as a practicing physician,
and nothing herein shall limit or otherwise restrict the MEDICAL
DIRECTOR's right to continue such employment and practice,
consistent with this agreement.
II I. The MEDICAL DIRECTOR shall perform all services
required of him pursuant to Chapter 401, Florida Statutes, and
the applicable rules of any governmental agency implementing said
Chapter or other established duties required to be performed by
said MEDICAL DIRECTOR, or upon notice from the CITY that such
additional duties have been established by the Florida Department
of Health and Rehabilitative Services.
IV. The MEDICAL DIRECTOR shall be directly responsible
for the medical performance of Emergency Medical Technicians and
Paramedics functioning for the Fire and Emergency Medical
Services Department of the CITY and shall have full authority to
direct and supervise their medical activities. The MEDICAL
DIRECTOR shall give necessary instructions to and interview and
consult with EMT's and Paramedics and supervise and arrange such
in-service instructional sessions, or promulgate such rules and
directives, as may be necessary to assure that all medical
services performed by EMT's and Paramedics are in accordance with
proper medical standards and procedures. In addition, the
MEDICAL DIRECTOR shall participate in quarterly general paramedic
staff meetings at a time and date mutually agreeable with the
MEDICAL DIRECTOR and the Fire and Emergency Medical Services
Department; provide at least four hours of didactic lecture
material each quarter; review and comment on content and emphasis
on all elements of in-service training and testing procedures;
and shall initiate a review of all protocols at least every six
months to determine their applicability and appropriateness with
.
Medical Director Agreement Page 3
respect to currently accepted emergency procedures. Recommended
revisions of said protocols shall be furnished to the Fire Chief.
v. The MEDICAL DIRECTOR will:
a. Assure the continuous availability of at
least one responsible physician, to be designated as an Assistant
Medical Director while performing the duties required of the
Medical Director, and determine the qualifications necessary for
said physician to provide responsible supervision of the
Paramedics and EMT's. In addition, the MEDICAL DIRECTOR will
notify the Delray Beach Fire and Emergency Medical Services
Department whenever he/she will be unavailable for whatever
reason, and will attempt to provide 24 hour prior notification of
such unavailability except under emergency circumstances. Such
notification shall be given to the Office of the Fire Chief.
b. Provide liaison services as required and
requested between the Fire and Emergency Medical Services
Department of the CITY and other departments, divisions, boards
and bodies of the CITY, any educational, governmental, or medical
agency or institution relating to the provision of Emergency
Medical Services.
c. Retain the ultimate authority to permit or
deny any Paramedic or EMT the utilization of advanced life
support techniques, basic life support, patient assessment, or
patient stabilization procedures. Upon request, the MEDICAL
DIRECTOR shall advise the Fire Chief on disciplinary
recommendations related to medical care.
d. Upon request, participate in the design and
structure of selection procedures for entry level personnel.
e. Upon request, consult with the Fire Chief
regarding promotional testing criteria for incumbent personnel.
f. Upon request, advise the department on an
appropriate manner in which to address incidents in which an
employee of the Fire and Emergency Services Department, has been,
or may have been, exposed to infectious diseases or hazardous
materials.
.
Medical Director Agreement Page 4
g. Upon request, maintain data regarding the
status of employees who have been, or may have been, exposed to
infectious diseases or hazardous materials.
VI. Because the MEDICAL DIRECTOR may be subjecting
himself to the risk of certain liabilities by entering into this
agreement, the CITY will obtain and pay the annual premium on a
medical malpractice insurance policy insuring the MEDICAL
DIRECTOR against liability arising out of negligent acts or
omissions of the MEDICAL DIRECTOR in the performance of his
duties as MEDICAL DIRECTOR during the term of this Agreement. If
this insurance policy provides coverage on a "claims made" basis,
the CITY shall continue to provide and pay the premium on this
policy for a coverage period ending not less than four (4) years
following termination of employment of the MEDICAL DIRECTOR. The
provisions of this paragraph shall survive termination of this
Agreement, regardless of whether termination is by the MEDICAL
DIRECTOR or by the CITY, or by expiration of the term of this
Agreement, until four (4) years after termination.
VII. The MEDICAL DIRECTOR shall be paid the sum of
Sixteen Hundred-Fifty Dollars ($1,650.00) per month, for each
calendar month during the term of this Agreement; provided, that
if the annual budget as adopted by the City Commission of Delray
Beach for any fiscal year of the CITY fails to provide sufficient
funds to pay the MEDICAL DIRECTOR as provided herein, this
Agreement shall be deemed terminated immediately upon the
adoption of the budget, without further notice or action by
either party. Payment by the CITY shall be to whomever the
MEDICAL DIRECTOR designates in writing.
VIII. In addition to the compensation as set forth in
Section VII, the CITY shall reimburse the MEDICAL DIRECTOR for
registration fees, travel, hotel and meals to permit the MEDICAL
DIRECTOR to attend professional conferences pertaining to
Emergency Medical Services in each fiscal year; provided,
however, that such expenses to the CITY shall not exceed
Twenty-Two Hundred ($2,200.00) in any fiscal year, and provided
further that such funds are provided for in the annual budget of
the CITY in any fiscal year during the term of this Agreement.
Selection of any such professional conferences shall be at the
sole discretion of the MEDICAL DIRECTOR, however CITY travel
policy guidelines shall apply to expense categories.
..
.
Medical Director Agreement Page 5
IX. For the purposes of this Agreement, the MEDICAL
DIRECTOR shall be directly responsible to the Chief of the Fire
and Emergency Medical Services Department of the CITY. The Fire
and Emergency Medical Services Department will provide
administrative and secretarial support to the MEDICAL DIRECTOR
through the Office of the Fire Chief.
X. The Fire and Emergency Medical Services
Department, through the Office of the Fire Chief, shall cooperate
to the greatest possible extent in the delivery of competent
emergency medical care, including implementation of the policies
established by the MEDICAL DIRECTOR.
XI. The MEDICAL DIRECTOR shall be a Florida State
licensed physician who is also:
a. ACLS (Advanced Cardiac Life Support) provider
certified, instructor certified, and ACLS affiliat~ faculty
member American Heart Association; or
b. A Board-Certified Emergency Physician, or who
has been previously employed or is currently employed as an E.R.
Physician; and
c. Maintains affiliation with one or more of the
following medical facilities: Bethesda Memorial Hospital, Delray
Community Hospital, Boca Raton Community Hospital, or John F.
Kennedy Hospital.
d. Designated as the Fire Department's Physician
for the purposes of providing advice and recommendations to the
Fire Chief pertaining to occupational safety and health issues.
A copy of all required licenses and certifications shall be
furnished to the Office of the Fire Chief.
XII. The term of this Agreement shall be from the date
herein through September 30, 1991, unless sooner terminated.
,This Agreement may be terminated by either the CITY or the
MEDICAL DIRECTOR upon not less than thirty (30) days written
notice to the other party. This Agreement may be amended from
time to time, but only in writing in a form similar to this
Agreement.
.
Medical Director Agreement Page 6
In WITNESS WHEREOF, the parties have executed this
Agreement on the day of ,19_, in the City
of Delray Beach, Florida.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
City Clerk MAYOR
WITNESSES:
MEDICAL DIRECTOR
Approved as to form and legal
sufficiency
City Attorney
,19
Notary Public
My Commission Expires:
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf1t1
SUBJECT: AGENDA ITEM # - MEETING OF AUGUST 28 1990
CONTRACT RENEW L- AFTERSCHOOL PROGRAM COORDINATOR
DATE: August 24, 1990
This item is before you for renewal of the contract between the City
and Carolyn Parker as the Afterschool Program Coordinator for the
Afterschool programs at Carver Middle School, Pompey Park and the
Civic Center. Our afterschool program services approximately 275
children ages six to 15 and provides a structured, supervised
recreation activity with adult supervision for a large number of
"latch-key" kids. Ms. Parker oversees this program and is responsible
for developing curriculum, recreational programs and/or preparing a
management plan to provide for afterschool recreational childcare
services. This position is funded by the Children Services Council.
Recommend approval of contract renewal with Carolyn Parker.
<' / /: ,-I : ?,'--i.- . 7;'0-..
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.
MEMORANDUM
TO: David T. Harden. City Manager
~.
THRU: J. Weldon. Director )
I'-"
Parks and Recreation D t.
FROM: J. Dragon, Assistant Drector
Parks and Recreation Dept.
DATE: August 20, 1990
SUBJECT: After-School Recreation Program Contracts
Attached please find contracts for two items dealin~ with
our After-School Recreation program. One contract is for
our After-School Program Co-ordinator, and the second for
our gymnastics classes at the Boca Children's Fitness
Center.
We have been approved funding in the amount of $154,000 by
the Children's Services Council to conduct an after-school
recreation program for the 1990-91 school year. The
After-School Co-ordinator coordinates this program among the
three sites at which it is conducted, viz., Pompey Park,
Community Center, and Carver Middle School. This position
is funded from this grant. Approximately 275 children, the
majority "latch-key", participate daily in this program
through-out the school year. This will be the program's
third year.
Also attached is a copy of the contract with the Boca
Children's Fitness Center to conduct gymnastics classes at
its facility for our after-school recreation program
participants. Approximately 260 children will participate
at a contracted rate of $2.75 per child per week for eight
weeks for a total of approximately $5720. Funding for this
program is also included in the above-mentioned grants
monies. This will be the second year for the gymnastics
program.
Your review and approval of these contracts will allow us to
continue this highly successful program.
cc:
City Attorney
~e
CITY OF DELRAY BEACH AFTER-SCHOOL CHILD CARE PROGRAM
COORDINATOR CONTRACT
This Contract entered into this 30th day of se9tember, 199Q by
and between the CITY OF DELRAY BEACH, hereinafter referred to as "the
City" and Carolyn Parker, hereinafter referred to as "Coordinator".
WHEREAS, the City of Delray Beach has provided for a
after-school recreational child care program for the use and benefit of
the citizens of Delray Beach under the administration of the Delray
Beach Parks and Recreation Department.
WHEREAS, the City has determined it to be in the public
interest to contract with an after-school recreational child care
coordinator for the purpose of assuring competent management of the
after-school recreational child care program in order to provide
after-school child care to the public of the highest quality and at a
reasonable rate.
NOW, THEREFORE, inconsideration of the mutual promises
contained herein, it is agreed by and between the city and the
Coordinator that:
l. Terms of the contract:
a. The term of this contract shall commence on
October 1, 1990, and shall end at the close of business on
September 30, 1991, unless sooner terminated under the provisions
of this contract.
b. This contract may be renewed for a period of
one (1 ) year. Said renewal may be instituted by the City with written
notice to the coordinator within thirty (30) days of the expiration
of this contract. The Coordinator and/or the City may, if they
mutually agree to do so, alter the terms and conditions of this
contract in the event the City renews said contract.
1
,
c. The Coordinator may terminate this agreement by
giving forty-five ( 45) days written notice to the city. The city
may terminate this agreement with or without cause. Should the City
terminate the agreement without cause, the City shall give thirty (30)
days written notice of said termination. Should the City find it
necessary to terminate this agreement for cause, this agreement may be
terminated immediately with no notice.
d. By execution and acceptance of this agreement and as
further consideration to induce the City to enter into this employment
agreement, the Coordinator hereby waives and forfeits any rights, if
any, he may have as a classified employee of the city. This agreement
contains all the employment provisions and conditions of the
Coordinator's employment with the City.
e. By execution and acceptance of this agreement, the
Coordinator hereby acknowledges that the Coordinator is an independent
contractor and is not an agent or employee of the city.
2. Services to be provided by the Coordinator:
a. The Coordinator shall be responsible to the Parks
and Recreation Director or his designee for the operation and
management of any after-school recreational child care program.
b. The Coordinator, in conjunction with the Director
of Parks and Recreation, shall develop a curriculum, recreational
program and/or management plan for the provision of after-school
recreational child care services.
c. The Coordinator shall insure that the after-school
program provides adequate supervision and high quality recreational
activities.
2
d. The Coordinator shall work a forty ( 40) hour week.
e. The Coordinator shall be present on the premises of
the after-school recreational child care program from the hours of
approximately 9:00 a.m. to 6: 00 p.m., Monday through Friday.
f. The City may, in addition to termination of the
contract as provided for in paragraph 1.C., above, suspend the
coordinator with or without pay, cause deduction from pay, issue
reprimands and memoranda advising of unsatisfactory performance, for
any act considered to be contrary to the best interests of the City.
3. Salary and Compensation:
a. While this agreement is in full force and effect,
the Coordinator shall be paid at an annual rate for his/her services
hereunder from October 1st to March 30th at an annual rate of
$21,320.00 and from April 1st to September 30th at an annual rate of
$21,756.80 this sum to be paid in bi-weekly installments.
b. Coordinator shall receive vacation or pension
benefits from the City, as per current City Policy.
c. The Coordinator shall be entitled to holidays and
sick leave as is currently provided to general employees.
d. The Coordinator shall be entitled to hospitalization
and other insurance as provided to general employees as per current
City policy.
e. The Coordinator shall not be entitled to any other
benefits with the aforesaid compensation constituting the only
remuneration to be received by the Coordinator.
4. Non-discrimination Clause:
a. The Coordinator shall operate the after-school
recreational child care program without discrimination as to sex, race,
age, creed, color or national origin.
3
.--.-
5. Assignments and Subcontracts:
a. The Coordinator agrees not to assign this contact,
in whole or in part nor subcontract all or any or part of this
contract, without the written consent of the City Manager.
6. General:
a. The city shall supply additional personnel for the
operation of the after-school recreational child care program, the
number of employees and their compensation to be determined by the
City.
b. The City shall provide the premises for the
operation of the after-school recreational child care program and
maintain said premises.
c. The city Manager shall be the sole arbitrator of any
disputes of this agreement and his determination will be final.
d. The laws of the State of Florida shall govern any
proceeding, action or suit brought pursuant to this agreement. Venue
shall be in Palm Beach County, Florida.
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
Attest:
City Clerk
Approved as to legal form
and sufficiency:
Assistant City Attorney
By:
witness Coordinator
Witness
5
Breakdown:
Current Salary $9.52 per hour/$19,801.60 annual
$ 9.52
x .025 October 1st Cost of Living Increase
$ .24
$ 9.76
x .05 October 1st Merit Increase
$ .49
Salary October 1st thru March 30th $21,320.00 ($10.25 X 2080)
$10.25 per hour/$21,320.00 annual
$ 10.25
x .02 April 1st Cost of Living Increase
$ .21
Salary April 1st thru September 30th $21,756.80 ($10.46 X 2080)
$10.46 per hour/$21,756.80 annual
--
CITY OF DELRAY BEACH AFTER-SCHOOL CHILD CARE PROGRAM
COORDINATOR CONTRACT
This Contract entered into this 30th day of September, 199Q by
and between the CITY OF DELRAY BEACH, hereinafter referred to as "the
City" and Carolyn Parker, hereinafter referred to as "Coordinator".
WHEREAS, the City of Delray Beach has provided for a
after-school recreational child care program for the use and benefit of
the citizens of Delray Beach under the administration of the Delray
Beach Parks and Recreation Department.
WHEREAS, the City has determined it to be in the public
interest to contract with an after-school recreational child care
coordinator for the purpose of assuring competent management of the
after-school recreational child care program in order to provide
after-school child care to the public of the highest quality and at a
reasonable rate.
NOW, THEREFORE, inconsideration of the mutual promises
contained herein, it is agreed by and between the City and the
Coordinator that:
1- Terms of the contract:
a. The term of this contract shall commence on
October 1, 1990, and shall end at the close of business on
September 30, 1991, unless sooner terminated under the provisions
of this contract.
b. This contract may be renewed for a period of
one (1) year. Said renewal may be instituted by the City with written
notice to the coordinator within thirty (30 ) days of the expiration
of this contract. The Coordinator and/or the City may, if they
mutually agree to do so, alter the terms and conditions of this
contract in the event the City renews said contract.
1
<2)~ ~~
c. The Coordinator may terminate this agreement by
giving forty-five (45) days written notice to the City. The City
may terminate this agreement with or without cause. Should the City
terminate the agreement without cause, the City shall give thirty (30)
days written notice of said termination. Should the City find it
necessary to terminate this agreement for cause, this agreement may be
terminated immediately with no notice.
d. By execution and acceptance of this agreement and as
further consideration to induce the City to enter into this employment
agreement, the Coordinator hereby waives and forfeits any rights, if
any, he may have as a classified employee of the city. This agreement
contains all the employment provisions and conditions of the
Coordinator's employment with the City.
e. By execution and acceptance of this agreement, the
Coordinator hereby acknowledges that the Coordinator is an independent
contractor and is not an agent or employee of the City.
2. Services to be provided by the Coordinator:
a. The Coordinator shall be responsible to the Parks
and Recreation Director or his designee for the operation and
management of any after-school recreational child care program.
b. The Coordinator, in conjunction with the Director
of Parks and Recreation, shall develop a curriculum, recreational
program and/or management plan for the provision of after-school
recreational child care services.
c. The Coordinator shall insure that the after-school
program provides adequate supervision and high quality recreational
activities.
2
d. The Coordinator shall work a forty (40 ) hour week.
e. The Coordinator shall be present on the premises of
the after-school recreational child care program from the hours of
approximately 9:00 a.m. to 6: 00 p.m., Monday through Friday.
f. The City may, in addition to termination of the
contract as provided for in paragraph 1.C., above, suspend the
coordinator with or without pay, issue reprimands and memoranda
advising of unsatisfactory performance, for any act considered to be
contrary to the best interests of the City.
3. Salary and Compensation:
a. While this agreement is in full force and effect,
the Coordinator shall be paid at an annual rate for his/her services
hereunder from October 1st to March 30th at an annual rate of
$21,320.00 and from April 1st to September 30th at an annual rate of
$21,756.80 this sum to be paid in bi-weekly installments.
b. Coordinator shall receive vacation or pension
benefits from the City, as per current City Policy.
c. The Coordinator shall be entitled to holidays and
sick leave as is currently provided to general employees.
d. The Coordinator shall be entitled to hospitalization
and other insurance as provided to general employees as per current
City pOlicy.
e. The Coordinator shall not be entitled to any other
benefits with the aforesaid compensation constituting the only
remuneration to be received by the Coordinator.
4. Non-discrimination Clause:
a. The Coordinator shall operate the after-school
recreational child care program without discrimination as to sex, race,
age, creed, color or national origin.
3
5. Assignments and Subcontracts:
a. The Coordinator agrees not to assign this contact,
in whole or in part nor subcontract all or any or part of this
contract, without the written consent of the city Manager.
6. General:
a. The City shall supply additional personnel for the
operation of the after-school recreational child care program, the
number of employees and their compensation to be determined by the
city.
b. The City shall provide the premises for the
operation of the after-school recreational child care program and
maintain said premises.
c. The City Manager shall be the sole arbitrator of any
disputes of this agreement and his determination will be final.
d. The laws of the State of Florida shall govern any
proceeding, action or suit brought pursuant to this agreement. Venue
shall be in Palm Beach County, Florida.
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
Attest:
City Clerk
Approved as to legal form
and sufficiency:
Assistant City Attorney
By:
Witness Coordinator
Witness
5
. .
.
" Breakdown:
Current Salary $9.52 per hour/$19,801.60 annual
$ 9.52
x .025 October 1st Cost of Living Increase
$ .24
$ 9.76
x .05 October 1st Merit Increase
$ .49
Salary October 1st thru March 30th $21,320.00 ($10.25 X 2080)
$10.25 per hour/$21,320.00 annual
$ 10.25
x .02 April 1st Cost of Living Increase
$ .21
Salary April 1st thru september 30th $21,756.80 ($10.46 X 2080)
$10.46 per hour/$21,756.80 annual
. .
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - AUGUST 28, 1990 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
ADDENDUM
The Consent Agenda is amended to read:
B. CONTRACT RENEWAL- AFTERSCHOOL PROGRAM COORDINATOR: Approve
contract renewal for Carolyn Parker from October 1, 1990 to
September 30, 1991 as Program Coordinator for the Afterschool
Program at Carver Middle School, Pompey Park and the Civic Center.
City Manager recommends approval.
The Regular Agenda is amended to read:
J. APPOINTMENT OF SEVEN REGULAR MEMBERS TO THE SITE PLAN REVIEW
AND APPEARANCE BOARD: Appoint seven regular members to the Site
Plan Review and Appearance Board (three members to a one year term
and four members to a two year term) . *Note: (Appointment of
members to be done after approval/second reading of Ordinance No.
25-90 pertaining to the Land Development Regulations.)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # to - MEETING OF AUGUST 28 , 1990
AMENDMENT NO. 1 TO THE WASTE MANAGEMENT CONTRACT
DATE: August 24, 1990
This is an amendment provides the mechanism to furnish payment to
Waste Management for those properties annexed into City prior to
October I, 1989. It also provides for a one time "catch up" bill for
units that received service but were not billed from October I, 1989
through September 30, 1990. Payment of this bill is contingent upon
the City's ability to bill and collect for those service provided.
Thereafter, those units will be billed on a monthly basis.
Additionally, the amendment contains a provision allowing the
contractor, during the current year, to add dwelling units annexed
during the previous fiscal year.
Recommend approval of Amendment No. 1 to the Waste Management
contract.
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[ITY IF DELAAY BEA[H _~ ~:.. 'i". ( )
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CITY ATTORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483
407/243-7090 TELECOPIER 407/278-4755
MEMORANDUM
Date: August 23, 1990
To: City Commission
David Harden, City Manager
From: Susan A. Ruby, Assistant City Attorney
Subject: Amendment to Refuse Contract Between the City and
Waste Management, Inc. and Ordinance No.
Waste Management, Inc. has been providing services to certain
annexed properties as well as to individual units which either
were not serviced by water and sewer services or which did not
have a separate meter.
In order to provide appropriate compensation for the service
prov ided by contractor an addendum to the contract and the
City's ~inance is required which provides that the contractor
will ~e compensated for annexed units, to the extent the City
is able to bill and collect for the service provided from
October 1, 1990 through September 30, 1991 as a lump sum.
Thereafter the annexed units will be added to the monthly
billing statement provided by contractor.
The contract as well as the ordinance further provides for a
lump sum payment for services provided by contractor from
October 1, 1989 through September 1, 1990 for services provided
by contractor to dwelling units provided water and sewer
service, but not on separate meters or due property owners
within the City which do not receive water or sewer services
but are provided trash and garbage removal services by the
contractor. Thereafter, these previously unbilled units would
be added to the monthly billing statement provided by the
contractor effective October, 1990.
Further, Appendix B to the March 1, 1989 contract is amended to
show the types of services provided within the City.
It was necessary to also draft the ordinance because our
current ordinances require monthly billing and the contractor
is requesting a yearly bill for the previously unbilled annexed
8.}).
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY r....ANAGER ~
SUBJECT: AGENDA ITEM # to - MEETING OF AUGUST 28, 1990
AMENDMENT NO. 1 TO THE WASTE MANAGEMENT CONTRACT
DATE: August 24, 1990
This is an amendment provides the mechanism to furnish payment to
Waste Management for those properties annexed into City prior to
October 1, 1989. It also provides for a one time "catch up" bill for
units that received service but were not billed from October 1, 1989
through September 30, 1990. Payment of this bill is contingent upon
the City's ability to bill and collect for those service provided.
Thereafter, those units will be billed on a monthly basis.
Additionally, the amendment contains a provision allowing the
contractor, during the current year, to add dwelling units annexed
during the previous fiscal year.
Recommend approval of Amendment No. 1 to the Waste Management
contract.
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tlTY OF DELAAY BEAtH.:.J .~~ _ ( )
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CITY ATTORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 DELRAY BEACH. FLORIDA 33483
407/243-7090 TELECOPIER 407/2784755
MEMORANDUM
Date: August 23, 1990
To: City Commission
David Harden, City Manager
From: Susan A. Ruby, Assistant City Attorney
Subject: Amendment to Refuse Contract Between the City and
Waste Manaqement, Inc. and Ordinance No.
Waste Management, Inc. has been providing services to certain
annexed properties as well as to individual units which either
were not serviced by water and sewer services or which did not
have a separate meter.
In order to provide appropriate compensation for the service
prov ided by contractor an addendum to the contract and the
City's ~inance is required which provides that the contractor
will ~e compensated for annexed units, to the extent the City
is able to bill and collect for the service provided from
October 1, 1990 through September 30, 1991 as a lump sum.
Thereafter the annexed units will be added to the monthly
billing statement provided by contractor.
The contract as well as the ordinance further provides for a
lump sum payment for services provided by contractor from
October 1, 1989 through September 1, 1990 for services provided
by contractor to dwelling units provided water and sewer
service, but not on separate meters or due property owners
within the City which do not receive water or sewer services
but are provided trash and garbage removal services by the
contractor. Thereafter, these previously unbilled units would
be added to the monthly billing statement provided by the
contractor effective October, 1990.
Further, Appendix B to the March 1, 1989 contract is amended to
show the types of services provided within the City.
It was necessary to also draft the ordinance because our
current ordinances require monthly billing and the contractor
is requesting a yearly bill for the previously unbilled annexed
8.]).
I
I
or other units which will thereafter be included in a monthly
billing cycle.
Please do not hesitate to contact Bob Barcinski or myself
should you have further questions or concerns regarding this
matter.
s:N'?
Attachment .-
cc David Huddleston, Director of Finance
Michael O'Brien, Waste Management, Inc.
----
---
,
.
AMENDMENT NO. 1 TO THE REFUSE CONTRACT DATED
MARCH 1, 1989 BETWEEN THE CITY OF DELRAY BEACH,
AND WASTE MANAGEMENT, INC. OF FLORIDA, FOR
COLLECTION AND RECYCLING OF GARBAGE AND TRASH
WITHIN THE CITY OF DELRAY BEACH, FLORIDA
This Amendment No. 1 to the Agreement dated March 1,
1989 is made and entered into this day of ,
1990, hereinafter referred to as the "Refuse Contract", by and
between the CITY OF DELRAY BEACH, a Florida municipal corpora-
tion, hereinafter referred to as "City", and WASTE MANAGEMENT,
INC. of Florida, hereinafter referred to as the "Contractor".
WIT N E SSE T H:
Whereas, the City and the Contractor have entered
into a refuse contract to provide for the collection and
recycling-sf garbage and trash within the City of Delray Beach,
Florida, by the Contractor; and
Whereas, the City and the Contractor wish to modify
the refuse contract which provides for the collection and
recycling of garbage and trash to provide for payment as it
relates to properties annexed within the City of Delray Beach,
Florida; and
Whereas, the City and the Contractor desire to amend
the refuse contract to provide more clearly for the payment to
Contractor for services rendered for properties which contain
more than one (1) unit and for previously unbilled units; and
~ .
I
Whereas, the City and the Contractor wish to amend
Appendix B to the refuse contract to show the type of service
to be rendered throughout the City.
NOW, THEREFORE, in consideration of the mutual
covenants, promises, and representations set forth herein and
for other good and valuable consideration, which is hereby
acknowledged, the parties hereto agree as follows:
1. The preamble stated in the "whereas" clauses
above are true and correct and incorporated herein.
2. The refuse contract, Section 6, "Payment to the
Contractor", subsection 2, "Adjustments", Paragraph A,
"Addi tions and Deletions, Changes in Residential Service", is
modified to include the following additional paragraphs:
Dwelling units serviced by Contractor, which were
annexed into the City prior to October 1, 1989 shall be
----
a-dded as additional units and the Contractor shall be
compensated for the services provided to the annexed
dwelling units from October 1, 1989, through September 30,
1990, to the extent that the City is able to bill and
collect for the services provided. The City will act in
good f ai th and take all reasonable steps, which the City
deems appropriate, to bill and collect said fees.
The above-described annexed units will be added to
the monthly billing statement provided by contractor
effective October, 1990. Each successive year the con-
tractor shall be allowed to add annexed dwelling units for
the previous fiscal year. The contract adjustments will
2
.
I
,
be based on unit cost included in the contractor's origi-
nal 1983 bid, as brought forward under the terms of the
agreement, to current costs. (Dwelling unit is defined in
Section 173.001, "Definitions" of the Code of Ordinances
of the City of Delray Beach, Florida, or as described in
Section 1.4.5, "Definitions" of the Land Development
Regulations of the Code of Ordinances of the City of
Delray Beach.)
3. The refuse contract, Section 2, "Scope of Work",
is hereby amended by adding a new paragraph 17, to read as
follows:
17. The Contractor is entitled to payment for
services rendered to properties for each dwelling
unit within the City, which is provided water and
sewer services, whether or not the dwelling units are
---
-- serviced by one or more meters. The property owner
of the metered account will be assessed with garbage
fees for the additional unmetered dwelling units.
The Contractor is also entitled to payment for
services rendered by Contractor to each dwelling unit
within the City which does not receive water and
sewer services from the City. Previously unbilled
dwelling units shall be added as additional units and
the Contractor shall be compensated for the rendering
of services from October 1, 1989 through September 1,
1990 to the extent that the City is able to bill and
collect for services provided. The City will act in
good faith and take all reasonable steps, which the
3
" ~ .
City deems appropriate, to bill and collect said fees.
The above described unbilled units will be added to
the monthly billing statement provided by contractor
effective October 1990. (Dwelling unit is defined in
Section 173.001, "Definitions" of the Code of
Ordinances of the City of Delray Beach, Florida, or
as described in Section 1.4.5, "Definitions" of the
Land Development Regulations of the Code of
Ordinances of the City of Delray Beach.)
4. Appendix B to the refuse contract is hereby
amended. A revised Appendix B is attached hereto and is
incorporated herein.
5. All terms and conditions of the refuse contract
dated March 1, 1989, between the City and the Contractor,
---
except- as may be an expressed conflict with Amendment No. 1,
shall be unaffected by thu amendment and shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have entered
into Amendment No. 1 of the refuse contract as of the day and
year first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney
4
.
CONTRACTOR
WASTE MANAGEMENT INC. OF FLORIDA
A FLORIDA CORPORATION
WITNESS: By:
Title:
State of Florida
County of Palm Beach
I HEREBY CERTIFY tha t on this date before me, and
officer duly authorize in the state and county named above to
take acknowledgment, personally appeared
known to me to be the persons described in
and who executed the foregoing instrument as
and , respectively, of
, a corporation organized under the laws of
the sta~of . They acknowledge before me
..---
that they executed the foregoing instrument s such officers in
the name and on behalf of the corporation, and that they also
affixed thereto the official seal of the corporation.
SWORN TO AND SUBSCRIBED before me this day of
, 19_.
Notary Public
My Commission Expires:
5
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[ITY OF DELIAY BEA[H
i OC ,\~. \.\! ~ 2.. \/::\lUE DELRAY BEACH FLORIDA 33444 407 '243- 7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~Robert A. Barcinski, Assistant City Manager
Community Services
SUBJECT: AGENDA ITEM - CONTRACT AMENDMENT AND ORDINANCE
CHANGE WASTE MANAGEMENT CONTRACT
DATE: August 22, 1990
The attached contract amendment and corresponding ordinance revision
for the Waste Management Contract dated March 1, 1989, are presented
for City Commission approval.
The amendments provide the mechanism to furnish payment to Waste
Management for annexed units as well as certain unbilled units within
the City discovered by Waste Management during an audit of their
accounts. The amendment provides for a one time "catch-up" bill for
units that received service but were not billed from October 1, 1989,
through September 30, 1990. Thereafter, units will be billed on a
monthly basis. The amendment also provides a process for adding to the
system billing for future annexations and additional units that may be
found in future field audits. Waste Management will be reimbursed on
an as collected basis.
Previous contracts did not provide a mechanism for adding annexed units
and other units to the billing system. Only units recorded through the
building permit process were added to the system on a regular basis.
Staff anticipates billing annexed units September 7., 1990. We are
still in the process of field checking, with Waste Management's
assistance, the other units to verify existence and to determine if
they meet the definition of family. These units have to be verified
and ownership determined prior to billing. We hope to complete this
process in September.
Staff recommends approval of the amendment and ordinance change.
RAB:kwg
THE Er: FOPT ALiNA y':) MATTERS
.
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I
[IT' OF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 310 S.E. 1.<1 STREET, SUITE 4 DELRAY BEACH'&3483
407/243-7090 TELECOPIER 407/278 755 .. _ "
/~ ".' ~
MEMORANDUM .~. <
I
· - 'Jfl1 90
~s
'~'
1990 . G;y .
Date: August 17, OUP
To: Robert A. Barcinski, Assistant City Manager
David M. Huddleston, Director of Finance
From: Susan A. Ruby, Assistant City Attorney
Subject: Amendment to Refuse Contract Between the City and
Waste Manaqement, Inc.
I have revised the ordinance to include the previously deleted
language regarding billing statements provided by contractor as
suggested by David Huddleston in his August 15, 1990 letter.
Please be advised that the amendment also requires a revision
to Appendix B which needs to be attached to the draft. Also,
previously I was informed that the City Manager is reviewing
possible changes to service provided in certain areas of the
City. Please let me know if you want me to incorporate those
changes in this amendment or prepare an additional amendment
reflecting those changes.
~
cc Jan Williams, Utility Billing Director
Michael.O'Brien, Waste Management, Inc.
..
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t't1
SUBJECT: AGENDA ITEM # ~~- MEETING OF AUGUST 28, 1990
CHANGE ORDER NO. 1
DATE: August 24, 1990
This is a Change Order in an amount not to exceed $10,100 to the
contract with Post, Buckley, Schuh, and Jernigan for the Intracoastal
Crossing Project. This project consists of running a 16 inch water
transmission main across the Intracoastal waterway. In order to
facilitate this project additional work is needed to explore
subsurface conditions along the subaqueous portion of the alignment.
Underwater borings will need to be done and soil samples collected for
visual analysis and physical testing. Funding is available in
Transmission Storage Fees-Intracoastal Crossing (Account No.
441-5181-536-69.03).
Recommend approval of Change Order No. 1 in an amount not to exceed
$10,100.
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JAMMAL & ASSOCIATES, INC.
August 13, 1990
Proposal No. P-771-
(Revised)
TO: Post, Buckley, Schuh & Jerni9an,
5300 West Cypress Street - Suite
Tampa, Florida 33607-1066
Attention: Mr. Kenneth E. Wilson,
Facilities Engineering
SUBJECT: Subsoil study,
Water Main Subaqueous Crossing,
Delray Beach, Florida. . -.- ~
'. ::.
Dear Mr. Wilson:
Pursuant to your written request dated June 1, 1990,. and our
subsequent discussions, we are pleased to submit this proposal
for completing geotechnical service. related to the above refer-
enced project. From discussto.n.... with. you.an.(f"revie" of' the
sketches you provided, we under8tand that the project will con-
sist of construction of approximately~,400 lineal feet of 16-
inch diameter water main. The central 400 to 500 f..t of the
pipeline will be constructed 8ubaqueously across the bottom of
the Intracoastal Waterway. The land portion. of the alignment,
extending from each bank of the waterway, will involve bedding
the pipe on the bottom of shallow to moderate depth excavations.
I. ...
. ,
We propose to explore sub8urface conditions with engineering
borings to be positioned along the planned alignment.
......-."
.-------:.. . --..,.. .
/~: .
...',~ --- -..
Geotechnical Engineers, Hydrogeologic Conaultantt It Material. reetlng Engln.....
5640 Corporate WilY. Weat Palm BHCh, FIori" 3:U07. T~hon. (tI07) ~
Ormond Be,ch, Wlnt.r P,rle, Jacleaonvill., T,mpa, Oct", Florid.
,
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.
,.." ,.........-.. ^....... .-..... -.... . - - , - - - -
- . . -- .-...........,........ ,
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.
Post, Buckley, Schuh & Jernigan, Inc. -2-
proposal No. P-77l-05l88
To explore subsurface conditions along the subaqueous portion of
the alignment, we plan to mount a drill rig on a barge pushed by
power engines. The water borings will be approximately 30 feet
deep (measured from the water surface) and spaced on lOO-foot
centers across the Intracoastal Waterway. Several on-land bor-
ings will be positioned on each bank and drilled 20 feet deep
using augers powered by a truck-mounted drill rig. Soil samples
will be collected from each of the borings tor visual analysis,
by a geotechnical engineer, ~s well a8 selected physical testing.
Results of the study will be submitted in a brief but comprehen-
sive report. The report will contain the factual subsurface
information obtained as well as geotechnical related desiC)n and
construction criteria for the pipeline and ita foundation ele-
ments. specific attention will be given to potentially ptob-
lematic subsurface conditions such aa low strength 8011, com-' ~--
presaible deposits (organic soils), hardpan, rock, etc. which t
could impact both design and construction. . .t
.
.
...
-;r
we are prepared to begin the field exploration within about five
days of receiving notification to proceed. 8arring delays due
to weather, we anticipate compl.tin~ the field exploration
within' an additional five days. The report of our findings and
recommendations would be 8ubmitted a>>proxlm.tely ..ven days
thereafter, amounting to a thr.~~w..k 8tudyp.~iod._
.n ... . .'. . .... ..... . .. .. "
..h .. '.' .
The cost of our service. are diff1cull to predict exactly, owing
to the exploratory n.ature oe tr.. wor::~!.. 'rhetetore, w'e request
our compensation on a_ bime and~:;.1lp.en~.,:- b~.i.. However, from our:
general knowledge- ot the aubaur:t.acecqnd,itiona at the aite and
interpretation of:.'-"the pto.ject cequir:.~~.n~.',.. w.. propo8e to COII-
'OCq~l.ete the assi91l-g.ror a tota1 coat"whlCII shoUld not exceed
."~-' 10=-,:100, a8-,bro~,: "'..11 on the"attachment.- A8 shown, approx!-
-matelY 60. p,rc.n.~;'" . ~he total coat i* .a.oci'ated with drilling
on the water. otJier:terms and condition. related to the .ngag....
ment of our s.rv1c.a:~ are described in the att'ached General Con-'
ditions. ,
, ,"
~'. "....
" '.
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ATTACHMENT A ^
SCOPS AND PEl BRBA~DOWN
SUBSOIL STODY,
WATER MAIN SUBAQUEOUS CROSSING,
DELRAY BEACH, FLORIDA.
I. Reconnaissance
A. Project start-up and kick-off coordination
1. Project Engineer
J hours @ $65.00/bour . 195.00
2. Clerical
2 hours @ *JO.OO/bour ,
I ...~ '".. . .'. ,fiO. 00
.' :~~~.?':,;,i: .
. ~, . ,.
B. Interfacing with surveyor for .~1p_~.r~;~':'
eon t ro 1 and es tab li sh i n9 loea t1011.'.o,(~,,~. .;,~. , .
-, .~.... ~
1
buried utilities, particularly. th~,".. ".::':::,:.'. . ....,
'.,. .... ,.
cable..;;: \,..y <".;-.,:..... ~ . " '
4 ...
"~. 't" : '. ~. . .," \ .': " ".
1. project Engineer ,'''.:~I~.;..;; ,.,.',~: .
'-' ~.!. .. ",. '", .",' :.
1....' l\:~"'\ ;"4""_ ....,....
2 h @ $65 OO/h . .... :'..~,;/; ~,rm"'2,., 130 00
ou r 8 . 0 U r . ... "~_;:' ... :.,!i.~~):i'.;}~..~, ,,:....\.. . .
"...~,\~" '~rt ~"""tl" ..,
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. ",,,...' ~~.;~..,t\~~~:~,...'~.. ,,!.~. .. .
2. Field Engineer . . :,: .t>.~.;.,..~.:'to'~..".;
.:;: :,,~:'(~Y.r:~:h"':'C./.:'.."': .:. .
,.,:.,,~.';t');'>"" ;~,;~....j'4i'
8 hours @ $40..00Ihour ,'.,.:....;~~,t~~:i1',,~~.',:.,..., '320.00
.. .._.:....~..--;:.;.::-:".;._:,:;<;....- ':C. ..,- >~ -. ..;..~::~~~~~~~{:;.,,:;:..:,~~-.~.....~':::;:... ... .~
II. Fi eld Explorationa.. .,\...~': :::;"t.:~~t:;<;:,.h ,.
"'~.~.. ....,~ , !;\~\i;'J~~.!t',;; ...
A MObillz.tjOJl,....,; ...',i/~~}'~'''tl:~~.<:'~\!ir..~,;t::'...
.;~...: ::,.~"..".;":~,::~.~~;::': ..... :',' . .i.;-::1~\Fi~;f~.~;~.,~~~~ :.:. . " . .
1. B.t9~:.~4t:~j;ict'~~if':::d.,.. ::,~~~~~~W~;;~{~~.:_:.3,200~OO
;,.:,.V :. .<,7;";...: . .:.,.... .. . .,.:':':;~i€'~~~;..~,~ :;~.}<..,:~:. .: .
2. Tru ~oUnt.d' r1q>.J, .,...:~,;~iiH.;i'.~~~f~~,~~'n':';:. 150;.'00
. ..... ",.'.' .. .. . .;, .. .~:;;:~!;'; ~\'~. . i~....
. ," -'" ,....~- "'~~"', . .'" _" .' . "'oI~.t- .1t~'t...;~~.. :.,.,.~ .'~' _~".', ,'l.",", ,
:>.... '.", ",.ir." l,:,,;!:; - :, "," "" ',. ~. ,~.'\ot~.:..:,:, ,'"., . (~;. ...:,.lo,~'1! . fi'. ..,.'~ ..- .
B .-lflti_a:~:" .. . ': ( f' bo t Inq. - 30 f..I)jh~}~.;~'~;'~~~~';':~k;;:.< ': .
:;'>';.,>:,"..~.:..'~. ~~...'~~ -,. . ,. ... .... ~',~:).~~.;:::.rt~.~f:~.~~~;':.:r..
"~~:~....::.~~tii.i.i..: penetration t..tlnt",.1i4:..:"~lv':":~:':::<~(:;'
. ., '''f~j'rl~r .'.' ..>t"". "f"
~i: ." "-~ -_. " ~: '... -~':',':." :,,'!,>,"';,fJ.~';"':~.'.::""'~:'.-
1...'\ s-r'''~'' 4'~.'.<1 .~'~.~...'., if' ". " '. ' ",'l":- .\.....", ~_~ ",fl'
. t:' . ;~:\~'~ri~ko-7!'i1n..l feet t .1)..!Oiil~.t~~:~~~:~6;:~i:~~~:1~r' 1 620.00
. . ~~Nf~;:i;'.';'::~;\.' .. ·
'tAs measured from water level. :'}~:t<.;' :. .'; ":. ..
'~'i. ;.1", :. '1 .,.:,....,. ". 1s-(.,+~
..' ; \<~t:;'\!~,.~:r:
/
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post, Buckley, Schuh << Jernigan, Inc. -3-
Proposal No. P-77l-05188
Thank you for considering Jammal , Associates, Inc., for this
assignment. We trust that our proposal is clear and understand-
able. However, should any clarification or amplification be
needed, please contact us.
Very truly yours,
JAMMAL << ASSOCIATES, INC.
. --
DSD:sI ~
48808
Attachments
- Accepted this day - oC- , 1990
8Y
, Title
""..~~ '::f~~~::':.
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Jd 800 Tl I H-dS ~~S8d 508\7889\7061 01:>:80 tG-80-0861
CITY OF DELRAY BEACH
. Departmental Budget Transfer
(1) Departmental Line Transfer (2) Date A'S..t 22;)-...
(3) Interfund/lnterdepartmental Transfer (4) Bateh Number 0/;0<<
(5) REQUESTED BY: Public Utilities Department
.-.-------.--.-.-.--- ....---.-.-----.-.-.-.-..- .........--....... .---....--......81.
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER. IN
----....-.---.....-. ..........--...-.......... ----..----.-.....- ........-........
t
441-0000-301-49.00 From Impact Fee Reserve $ 10,100
441-5181-536-69.03 Intracoastal Crossing Atlantic $ 10,100
Engr. 90-52.1
441-5111-536-33.11 Engineering Services 60,377
441-5181-536-69.03 Intracoastal Crossing Atlantic 60,377
Engr. 90-52.1
(10) TOTAL $ 70$477 $ 70,477
$~1CN $ tlltl<<
----------------.. ---.-............
JUSTIFICATION: This transfer is necessary to cover the additional cost by PBS&J for Change Order No.1
which involves exploration of subsurface conditions with engineering borings to be positioned along the
planned alignment. The second transfer is needed because of a funding change to this new "5181" which will
keep track of all projects being funded from the Storage and Transmission Fees.
CITY MGR.
BUDGET DIRECTOR
..-..-.-....-.-.---....-.-....----.----.-.-.----------....----...--......-.....-........
(11) BUDGET REVISION DATE ( 12) CONTROL NUMBER
(13) PERIOD (14) COUNT
WHITE. ORIGINAL. BUDGET . CANARY. COpy - FI LE . PINK. COpy. DEPARTMENT
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # tF - MEETING OF AUGUST 28, 1990
REQUEST FOR FINAL PAYMENT
DATE: August 24, 1990
We received a request for final payment in the amount of $13,840.55
from Hardrives, Inc. for pavement restoration at N.E. 4th Avenue
following the installation of a water line. Staff has reviewed this
project and found it to be satisfactorily complete. Funding is
available in Water and Sewer N.E. 4th Street Waterline Extension
(Account No. 441-5123-536-64.21).
Recommend approval of final payment to Hardrives, Inc. in the amount
of $13,840.55.
~
DRIVEWAYS. PARKING AREAS · STREETS. GRADING. ROCK & FILL. LAND DEVELOPMENT
RDRIVES, INC. TELEPHONE 278,0"'&6
2350 SOUTH CONGRESS AVENUE
DELRAY BEACH. FLORIDA 33445-7398 39131
Invoi~ No.
r-CitY of Delray Beach I Date April 17, 1990
Attn: Mr. W. H, Greenwood Job No. 4551
100 N.W. 1st Avenue
LDelray Beach, FL 33444 ~ Estimator CMB
Pavement resturatiOIl on water iine installation at
N.E. 4th Avenue:
857 Sy 16" limerock base @ 12.00 .10,284 00
857 Sy 1!z1l asplla 1 t rep 1 acement @ 4.15 3,556. 55
$13,840 55
Terms, 10 days net. All pest due accounts will be charged at 1 %% per month. No complaint
wilt be recognized unless our office is notified within one week.
. .. 8F
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MEMORANDUM
TO: Robert A. Barcinski
Acting City Manager
FROM: William H. Greenwood ~~s~/?O
Director of Public Utilities
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - MAY 8,
1990 - CHANGE ORDER #4 - N.E. 1ST STREET DRAINAGE
PROJECT - PAVEMENT RESTORATION ON WATERLINE
INSTALLATION AT N.E. 4TH AVENUE
DATE: May 3, 1990
Item Before City Commission
The City Commission is requested to approve Change Order #4 on
the N.E. 1st Street Drainage Project. This deals with the
pavement restoration for the water line installation at N.E. 4th
Avenue which totals $13,840.55. Funding source will be from
#441-5123-536-64.21.
Background
The Public Utilities Department had previously requested and City J
Commission approved the installation of an 811 water main on N.E.
4th Avenue from Atlantic Avenue to N.E. 2nd Street with a tie-in
to the east between 4th and 5th Avenue. Pavement restoration is
now necessary; this cost was not included in the price of the 8"
water main. See attached invoice from Hardrives, Inc. for the
cost of $13,840.55.
Recommendation
Staff recommends approval for this Change Order #4 in the amount
of $13,840.55 from Hardrives, Inc. Funding source will be from
account #441-5123-536-64.21.
I
~
Agenda
. Meeting of 5/8/90
Beach Historical Society, City Manager recommends approval.
13. AWARD OF BID AND ALLOCATION OF INTEREST MONEY: Award contract
for Fire Station No. 2 to Pioneer Construction Company in the amount
of $1,005,879 and allocate funding from the 1987 Utility Tax Bond
(Account No. 333-2311-522-60.311 $421,764); 1989 Note Construction
Bond (Account No. 340-2313-522-60,311 $447,610); and 1987 Utility
Tax Bond Interest (Account No. 333-0000-301-33.001 $136,505). City
Manager recommends approval,
14. APPOINTMENT OF AN INSURANCE TASK TEAM: Appoint a Task Team to
review and make recommendations regarding EmployeeJiealth Insurance
Rates, Alternatives and Options.
15, APPROVAL OF APPOINTMENT AND TERMS OF EMPLOYMENT FOR CITY
ATTORNEY: Appoint Jeff Kurtz as City Attorney and approve terms of
employment. City Manager recommends approval.
~(",.(lt~
16, ReC~~SaIFlCATION OF ASSISTANT CITY ATTORNEY POSITION: Approve
reclassification of Susan Ruby from Assistant City Attorney I to
Assistant City Attorney II. City Manager recommends approval,
17, REAPPROPRIATION OF 1988-89 UNENCUMBERED COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS: Authorize the carry forward of $290,400 in
unencumbered fund from 1988-89 Community Development Block Grant
~funds, City Manager recommends approval.
~ CITY HALL EXPANSION, Allocate $17,601.44 from the Unallocated
nterest Earnings on the 1987 Utility Tax Bond Issue to cover
~ miscellaneous expenses incurred in conjunction with the City Hall
expansion project. City Manager recommends approval.
19. WAIVER TO DEFINITION OF FAMILY: Consider request from the
Heights Foundation for waiver of Ordinance No. 91-88 Definition of
Family to permit five unrelated people to reside in at 344 Palm Trail,
20. REVOCATION OF A BUILDING PERMIT: Consider request from the
Pelican Harbor Homeowners Association to revoke a building permit
issued to allow the construction of finger docks.
CONSENT AGENDA
21. REQUEST FOR FINAL PAYMENT: Authorize final payment in the amount
of $13,868.17 to Charles S, Whiteside, Inc. for completion of Atlantic
I Avenue Phase II construction. Funding is available in 1989
Construction Fund- East Atlantic Avenue Phase II (Account No,
340-4143-570-60,69). City Manager recommends approval. ~ I
22. EXTENSION OF CONTRACT: Approve one year extension of contract
with America's Pros for maintenance of landscaping on Linton and
Homewood Boulevards, The conditions of the contract are the same as
that previously approved and is in the amount of $32,560 (an increase
of $2,150) with funding from Beautification Trust Fund Repair and
Upkeep (Account t119-4151-572-33.39~ . City Manager recommends
~OVOL
23 CHANGE ORDER NO. 4- N.E. 1ST STREE~ DRAINAGE PROJECT: A Change
er for the restoration of pavemellt on N. E. 4th Avenue from Atlantic
Avenue to N.E, 2nd Street in the amount of $13,040,55. This Change
Order is an adcl t1'~ ....~ ..~""! N.~. l~t st~~P.t nr~i~~~ fn~ t~~ ourpose of
expediency. City l-lanager recommend.:; a~pn..._. -. 4 _" "0'''' l.. : " -,,; D . TIJ
""24. APPROVAL OF CONTRACT BETWEEN THE CITY AND POST, BUCKLEY, SCHUH
AND JERNIGAN ( PBS&J) : Approve a contract between the City and PBS&J
for architectural enhancements to the North Water PlantlStorage Tank
in the amount of $16,000 with f'.lndlng from Water- N.E. 4th Avenue
Water Line Extension (Account No, 441-5123-536-64.21).
~ '.'~l - "-1 I,'!. -5')/"" {,o.~:!.
5, APPROVAL OF CONTRACT BETWEEN THE CITY AND peST, BUCKLEY, SCHUll
AND JERNIGAN ( PBS&J) : Approve a contract between the City and PBS&J
for engineering services related to the replacement of the Master
-2- /~
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER uo/f{
SUBJECT: AGENDA ITEM #~- MEETING OF AUGUST 28, 1990
REQUEST FOR WAIVER
DATE: August 24, 1990
This is a City initiated request for waiver of City Code to reduce the
the required interior road at the Miller Park Tank and Booster Station
from 24 feet to 15 feet.
This is a straightforward request. The development proposal for this
facility describes it as "an unmanned remote controlled facility".
The proposed drive will be used less than three times a day for
periodic checks of the facility. The City Engineer and Planning and
Zoning Board recommend approval of this request.
Recommend approval of waiver of the City Code to permit a 15 foot
interior road at the Miller Park Tank and Booster Station.
~
---
ENGINEERING DEPARTMENT
MEMORANDUM
TO: DAVID HARDEN
CITY MANAGER
FROM :e. fJ I CHARLES AXELROD
ACTING CITY ENGINEER
DATE: AUGUST 17, 1990
SUBJECT: MILLER TANK AND BOOSTER STATION
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached is a copy of Code Reference for requirements that a
driveway to the above facility must have a width of 24 feet.
Per Code Section 102.22 in Section C, it also allows the City.
Engineer to recommend a reduction in the minimum width of paving
and authorized by the Commission.
Upon review of the use of the driveway to the Miller Tank and
Booster Station, it was determined that the proposed drive will
be in use less than three times a day.
The Acting City Engineer hereby recommends allowing this service
road be reduced to 15 feet in width for paving.
CA: s 1 g
Attachment
8G
( ; .. --
-
MEMORANDUM
TO: David T. Harden
City Manager
FROM: William H. Greenwood
Director of Public Utilities
SUBJECT: PUBLIC UTILITIES PROJECT NO. 90-9.1
MILLER TANK AND BOOSTER STATION
DATE: August 13, 1990
We request administrative relief from the following City
requirement:
Our proposed driveway is fifteen (15) feet wide and the
City Engineer's Department standard for an access road
is twenty-four (24) feet. This proposed driveway will
only be used once per day to check the facility. Also,
this facility will be unmanned. Therefore, we request
that the twenty-four foot access road requirement be
waived.
Your favorable response would be appreciated.
.~ ~
. ("rt\~~ tI~ ~g - Jt ~ ~
'. 'S William H. Greenwood
WHG:smrn
cc: David Kovacs, Director of Planning & Zoning
Charles Axelrod, Acting City Engineer
Kathy Deardon, Land Development Technician
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~~RYL LEVERETT, ADMINISTRATIVE ASSISTANT III
vJ . J~vacl-
FROM: AVI~KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 28, 1990
CONSIDERATION OF A REQUEST FOR WAIVER OF WIDTH OF
ACCESS ROAD REQUIREMENTS, MILLER FIELD WATER TANK SITE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
granting a waiver from the provisions of Code Section
172.16(P) which requires a twenty-four foot ( 24 I ) access
drive.
The waiver is associated with the installation of the Miller
Field Water Storage Tank - a City project.
BACKGROUND:
A minor site plan modification for the addition of the Water
Storage Facility to the southeast corner of Miller Field was
approved by the Planning and Zoning Board on August 20, 1990.
The site contains a fifteen foot ( 15 I ) access drive (on-site) .
Code requirements call for a 24' access drive. The project (the
water tank and associated facilities) is enclosed and unmanned.
The drive will be used only by water department and maintenance
personnel. The accessway leading to the tank site will be a
twenty-four foot ( 24 ' ) driveway aisle constructed with the Miller
Field Ballfield improvements.
A copy of the Planning and Zoning Staff Report for the minor site
plan modification is attached for more information on t.he
overall project.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board recommended that the waiver be
granted. The Engineering Department does not object to the
granting of the waiver given the limited use of the site.
City Commission Documentation
Consideration of a Request for Waiver of Width of Access
Road Requirements, Miller Field Water Tank Site
Page 2
RECOMMENDED ACTION:
Granting of a waiver from Section 172.16(P) to accommodate a
fifteen foot ( 15 I ) access drive on the Miller Park Water Tank
site.
Attachment:
'* P&Z Staff Report of August 20, 1990
DJK/#72/CCTANK.TXT
~LANN I NG 8 ZON I NG GORRD _ _ _ STAFF REPORT _ __
CITY OF OELRAY BEACH
MEET r NG (ATE: AUGUST 20. 1990
~Ge.o:f I TEH: IV. F.
I"~: SITE PLAN MODIFICATION, ~ILLER PARK WATER STORAGE TANK, LOCATED AT S,W. 4TH AVENUE.
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GENERAL DATA:
Owner...........................City of Delray Beach, Florida
Applicant.......................City of Delray Beach Utilities
Department
Agent...........................Post, Buckley, Schuh, & Jernigan,
Incorporated
Location........................West side of FEC Railroad between
Dotterel Road and Egret Circle
Property Size................... .56 Acres
City Land Use Plan..............Open Space
City Zoning.................... .CF (Community Facilities)
Adjacent Zoning.................North of the subject property is
zoned CF, East is the FEC
Railroad, South is SAD (Special
Activities District), and West is
zoned SAD and RM-15 (Multiple
Family Dwelling District)
Existing Land Use............ ...Vacant Land
Proposed Land Use...............Water Treatment Plant
Water Service. ... .............. .6" water main runs along the
south property line ITEM: IV.F.
Sewer Service. ......... .........8" sanitary sewer runs along
Dotteral Road ------
.- --..--
.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a minor site plan modification for "Miller Park Storage Tank".
The subject property is located at the southeast corner of Miller
Park, and cont.'1ins .5 acres.
BACKGROUND:
The 1.5 million gallon storage tank and Booster Pumping Station
is intended to assist the overall system for meeting the City of
Delray Beach's maximum daily water, peak hourly and fire flow
demands. The primary design intent is to have the tank fill
during the low demand night-time hours and to supplement pressure
and flow during the, day time peaks. The secondary design intent
is to provide adequate controls to allow the operation of the
facility to meet emergency demands as required.
PROJECT DESCRIPTION:
Miller park is located in the south end of the City, the Storage
Tank is to be placed in the southeast corner of Miller Park. The
development is to include the following:
* Unmanned remote controlled facility.
* Booster Pump Station Building which includes a pump
room, emergency generator room, and operations room.
* The Booster Pump station building is located along the
east property line next to the railroad tracks and
Dixie Highway, in order to screen the internal service
yard of the facility.
* Split-rib concrete block and vertical scoring pattern
is used in the facility to give a pleasing vertical
texture and minimize graffitti problems.
* The visual articulation of the bridge crane supports,
creates a two-story appearance helping to create human
scale and minimizing apparent mass of the building.
SITE PLAN ANALYSIS:
The minor site plan modification has been reviewed using criteria
outlined in Section 173.865 "Standards for Evaluating Site and
Development Plan Applications". A site plan was submitted on
July 6, 1990 and the following review is based on that submittal.
Standard A (Sufficiency of Materials)
The submission is sufficient to adequately analyze the project.
P&Z Staff Report
Miller Park Storage Tank
Page 2
Standard B (Impact of the Proposed Use)
The Storage Ta.nk is bordered on the east by the railroad and
Dixie Highway and to the east of that is the rear yards of car
dealerships. To the west and north is internal to Miller Park
and to the south, Buckey Dent Baseball school.
Staff has worked closely with the applicant to insure that the
Facility was designed and landscaped to have the least amount of
impact on the surrounding areas.
Standard C (Ingress and Egress)
The service access to the facility is to be provided by a 15'
wide asphalt drive. The initial access will be provided by a
temporary 15' wide shell drive from Dotterel Road to the
Facility. Future phased development of the park will provide the
necessary occasional service access through the new future
parking lot.
The reduction of the drive from 24' to 15' requires a waiver
pursuant to Code Section 172.16(P).
Standard D (Off-Street Parking and Loading)
The facility is unmanned remote controlled, therefore parking is
not applicable.
Standard E (Screens and Buffers)
Miller Park is zoned CF (Community Facilities). The setback
regulations [pursuant to Code Section 173.749 (3)(a)] requires a
minimum landscaped front and side setback of ten feet. The
proposal meets these requirements.
The internal service yard is screened on the north and south by a
landscaped, visual buffer and security wall.
The proposed landscape plan provides for: all plant material to
be zeriscaped; the use of native plants which will create an
aesthetic buffer, provide minimal maintenance, maximize energy
conservation and minimize irrigation demand; and miniming the
scale of the tank.
A utility easement is located on the south side of the project.
This easement creates a conflict with the original location of
new trees, therefore the trees are now proposed to be located
outside the property line. An agreement will be entered into by
the City and the Baseball School for the maintenance of the
trees.
P&Z staff Report
Miller Park Storage Tank
Page 3
Standard F (Drainage)
Storm water retention is provided in an area immediately north of
the booster pump station building. The retention area will also
be utilized by the baseball field. The exact location will be
determined when the site plan is completed for the park.
Standard G (Sanitary Sewers)
An existing 8" sanitary sewer is located within Dotteral Road,
however, it ends prior to the subject site and is not part of
this approval. Sewer Service is not provided at the facility.
Standard H (Utilities)
Water mains run along the south property line, however no potable
water lines will extend into the building.
Standard I (Recreation and Open Space)
There are no open space requirements for CF (Conununi ty
Facilities) Zone District.
Standard J (Site Development)
A Storage Tank is generally incompatible to most surrounding
areas due to the height and mass of the tank. However, in this
case, careful design of the site plan and architectural details
were taken into consideration so the least amount of impact was
generated upon the surrounding areas.
TECHNICAL ITEMS:
On July 6th, the applicant submitted revised plans in response to
staff's initial comments. the following items are based upon the
revised site plan submittal.
1. The City must enter into an agreement with the Baseball
School for the maintenance of the trees.
2. The paving and drainage plans must be revised to reflect the
existing water mains and the appropriate placement of the
plug for the portion of the line which will be abandoned.
. P&Z Staff Report
Miller Park storage Tank
Page 4
REVIEW BY OTHERS:
COMMUNITY APPEARANCE. BOARD:
The developme~t proposal was before the C.A.B. (Community
Appearance Board) on July 25, 1990, for final review. The Board
suggested that the plant material directly adjacent to the tank
should have the capability of growing to a greater height than
what was proposed. There were no comments regarding the building
elevations or colors.
ASSESSMENT:
The proposed development does meet the criteria specified in
"Standards for Evaluating Site and Development Plan
Applications". The facility has been minimized spatially while
meeting all required and requested access, buffer and setback
requirements.
ALTERNATIVE ACTIONS:
1- Continue with direction and concurrence.
2. Recommend approval of the site and development plan for
Miller Park Storage Tank based upon positive findings
pursuant to Section 173.867 (Ten standards for Evaluating
Site and Development Plan Applications) subject to the
Technical Review items.
3. Recommend denial with basis stated.
RECOMMENDED ACTION:
By Separate Motion:
1. Recommend approval of the site and development Plan for
Miller Park Storage Tank pursuant to Section 173.867 (Ten
Standards for Evaluating Site and Development Plan
Applications) subject to Items 1 and 2 under the Technical
Review.
2. Recommend approval for waiving the reduction of the 24'
drive to 15' pursuant to Code Section 172.16(P).
Ref/jcmI1/A:Milpark2
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ry OF DELRA Y lEACH MILLER PARK PRELIMINARY SITE PU
WATER TANK
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 1M - MEETING OF AUGUST 28, 1990
COMMUNITY DEVELOPMENT BLOCK GRANT FINAL STATEMENT
DATE: August 24, 1990
This item is before you for formal ratification of the Community
Development Block Grant Final Statement of Objectives and Projected
Use of Funds for 1990-91. Commission action and approval is needed
prior to forwarding final documentation to the U.S. Department of
Housing and Urban Development. The City's 1990/91 Entitlement
Allocation is $428,000. The public hearing on this Statement was held
at your August 14th regular meeting.
Recommend approval of Community Development Block Grant Final
Statement of Objectives and Projected Use of Funds for 1990/91 and
authorize staff to forward the completed documentation to U.S.
Department of Housing and Urban Development.
_......_----
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER &
FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR
THRU: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~,
DATE: AUGUST 20, 1990 (Xv
SUBJECT: AGENDA REQUEST/FINAL STATEMENT, 1990-91
This is to request Commission approval of the Community
Development Block Grant Final Statement of Objectives and
Projected Use of Funds, 1990-91, to be subsequently forwarded to
the U. S. Department of Housing & Urban Development. The City's
1990-91 Entitlement Allocation is $428,000.00.
This request is being submitted for the August 28, 1990 Consent
Agenda.
fltrl
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FINAL STATEMENT OF OBJECTIVES
AND PROJECTED USE OF FUNDS
FISCAL YEAR 1990-1991
INTRODUCTION
The Community Development Block Grant (CDBG) was established by
Congress with the Housing and Community Development Act of 1974
to provide local governments and residents with funds needed to
work in a comprehensive manner towards the improvement of low and
moderate income neighborhoods by providing for capital improve-
ments that would adequately upgrade public facilities and ameni-
ties, provide for the upgrading of housing, including stimulation
of new housing opportunities; economic development activities,
public services, historic preservation; reduce conditions which
adversely affect the health and safety of community residents and
providing for other community development needs having a particu-
lar urgency.
Each CDBG activity must address one of the three national objec-
tives which are as follows:
1) Activities benefiting low and moderate income persons.
2) Activities which aid in the prevention or elimination of
slums and blight.
3 ) Activities designed to meet the community development
needs having a particular urgency.
Since the beginning of the CDBG Program (Fiscal year 85-86), the
City of Delray Beach's allocation has totaled $2,307,000. All of
the funds are spent to improve the area designated as the "CDBG
Target Area", which was selected on the basis of the condition of
the housing and public improvements, as well as the percentage of
low and moderate income residents.
FISCAL YEAR 1990 PLAN
GOALS
The City of Delray Beach has as its overall goal to improve
- housing opportunities and existing housing stock for the low and
moderate income residents, provide for the elimination of blight-
ed conditions that currently exist in the established CDBG target
area, to focus the emphasis of the Delray Beach Community Devel-
opment Block Grant Program on the need of low and moderate income
residents at the neighborhood and metropolitan level. OBJECTIVES
The City of Delray Beach has as its basic and continuing objec-
tives for Community Development: .
1) To improve deteriorated housing units, to develop new
housing opportunities and the removal of unfit housing.
2) Reduce conditions which adversely affect the health and
safety of community residents, including prevention, mitiga-
tion and elimination of fire hazards, unsanitary conditions,
hazardous conditions and public nuisance.
3) Preserve community resources and character, including
protection of natural resources and the preservation of
neighborhoods.
4) Continue to provide comprehensive planning to guide communi-
ty growth, including land use planning, capital improvement
planning, new housing opportunity planning, and provisions
for economic development.
The City of Delray Beach's entitlement allocation for the per iod
of October 1, 1990 to September 30, 1991 is $428,000. The City
does not anticipate program income from any other source.
The City of Delray Beach has determined that the primary needs
and objectives for community development are:
1 ) The improvement of housing opportunities conditions
through, housing rehabilitation, clearance of unfit
housing, planning for housing needs and development of land
to encourage new housing opportunities, primarily for low to
moderate income families. Development of vacant lots
to encourage and provide for infill housing within the
established CDBG target area, and the funding of one
full-time position to preserve quality of Title XX Day Care
currently available to very low income residents in our CD
target area.
2) Preservation of the neighborhoods, through the prevention of
and the elimination of slums and blighted conditions.
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Proposed Use of Funds
Fiscal Year 1990-1991
Program Activity Amount
1. Housing Rehabilitation $257,167
Provide for approximately 13 housing
units to be brought up to standard
conditions. Census Tracts 67,68,65.02
Federal Highway, Linton Blvd.,I-95
& Lake Ida Road. 100 % Low/Moderate
Benefit.
2. Emergency Repair 30,000
Provide for emergency repairs to
owner-occupied units within the CD Target
Area. (plumbing, electric, roof, etc. ) Census
Tracts 67, 68, 65.02 100% Low/Moderate
benefit.
3. Demolition/Clearance 6,600
Provide for the demolition of approximately
3 vacant, dilapidated, condemned structures
and the clearance of the property.
Census Tracts 67, 68 & 65.02.
Elimination of Slum & Blight.
4. Title XX Child Care 19,792
Provide for the funding of one
full-time teacher/administrative
assistant. Census tract 65.02.
100% Low/Moderate Benefit.
5. Recreation Improvement 24,000
Provide for the repair and upgrade of
the Press Box and Pompey Park
Census Tract 67
61% Low/Moderate Benefit
6. Program Administration & 85,049
Management
7. Contingency 5,392
Total Allocation $428,000
RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION
ASSISTANCE PLAN
A-_ "- The City of Delray Beach will replace all occupied and vacant
occupiable low/moderate-income dwelling units demolished or
converted to a use other than as low/moderate-income housing as a
direct result of activities assisted with funds provided under
the Housing and Community Development Act of 1974, as amended, as
described in 24 CFR 570.606(b)(1).
All replacement housing will be provided within three years of
the commencement of the demolition or rehabilitation relating to
conversion. Before obligating or expending funds that will
directly result in such demolition or conversion, the City of
Delray Beach will make public and submit to the HUD Field Office
the following information in writing:
1. A description of the proposed assisted activity;
2. The general location on a map and approximate number of
dwelling units by size (number of bedrooms) that will be
demolished or converted to a use other than as
low/moderate-income dwelling units as a direct result of the
assisted activity;
3. A time schedule for the commencement and completion of the
demolition or conversion;
4. The general location on a map and approximate number of
dwelling units by size (number of bedrooms) that will be
provided as replacement dwelling units;
5. The source of funding and a time schedule for the provision
of replacement dwelling units; and
6. The basis for concluding that each replacement dwelling unit
will remain a low/moderate-income dwelling unit for at least
10 years from the date of initial occupancy.
The City of Delray Beach will provide relocation assistance, as
described in 570.606(b)(2), to each low/moderate-income household
displaced by the demolition of housing or by the conversion of a
low/moderate-income dwelling to another use as a direct result of
assisted activities.
Consistent with the goals and objectives of activities assisted
under the Act, the City of Delray Beach will take the following
steps to minimize the displacement of persons from their homes:
1. Acquisition or demolition activities will be limited to
vacant, condemned or dilapidated structures, that have
been determined unsafe or contribute to blight.
2. It is not anticipated that any displacement of persons will
occur as a result of this program. However, if displacement
does occur as a direct result of property acquisition for
program improvements, tenants and homeowners who are dis-
placed will receive those benefits provided for under the
Relocation and Real Property Acquisition Act of 1970, as
amended. Every effort will be made to allow displaces to
locate in the neighborhood from which they were displaced,
if that is their request. Temporary relocations will be
processed in accordance with the City of De1ray Beach
Optional Relocation Policy.
-
Agenda Item No.:
AGENDA REQUEST
Date: 8/20/90
Request to be placed on:
~ CONSENT AGENDA
Regular Agenda
Special Agenda
Workshop Agenda When: AUGUST 28. 1990
Description of item (who, what, where, how much):
FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS FISCAL YEAR 1990-1991.
COMMUNITY DEVELOPMENT BLOCK GRANT ENTITLE1'tENT ($428.000.00)
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55). ~ '
Department Head Signature: · fA ~H~ \QlQ.
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
~,. .,-.... Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
MEMORANDUfI!
TO: ~~YOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #<(1:- MEETING OF AUGUST 28, 1990
RESOLUTION NO. 75-90
DATE: August 24, 1990
This item is a Resolution assessing costs for abatement action
required to remove junked vehicles on five properties within the City.
The Resolution sets forth the actual costs incurred and provides the
mechanism to attach liens on these properties in the event the
assessments remain unpaid,
Recommend approval of Resolution No. 75-90 assessing costs for abating
a j~nked vehicles within the City.
"
- --- ._--~-- ---.,. ._-. ----~ --- - -
- '- -- -~._-_._~---
RESOLUTION NO. 75-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINAJ....CES OF THE CITY OF DELRAY BEACH, ASSESSI~G COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDI~G FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT .,
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative
has, pursuant to Chapter 90 of the Code of Ordinances, removed junked
and/or abandoned vehicles owned by persons described in the list
attached hereto and made a part hereof, for violation of the provisions
of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code 0 f Ordinances of
the City of Delray Beach, the City Manager or his designated represent-
ative has determined that a nuisance existed in accordance with the
- standards forth in Chapter 90 of the Code of Ordinances, and did
set
furnish the respective owner(s) of the land(s) described in the
attached list with written notice of public nuisance pursuant to
Sections 90.02 and 90.03 of the Code of Ordinances; and,
, WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to remove said
junked and/or abandoned vehicles, and thus failed to abate the nu i s-
ance(s) or to properly request a hearing pursuant to Chapter 90 within
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
I if the property owner(s) did request and receive a hearing, said
property owner Is) failed and/or neglected to abate such nuisancels) as
required by Chapter 90 of the Code of Ordinances; and,
WHEREAS, the City of De lray Beach, through the Ci ty Adminis-
tration or such agents or contractors hired by the City Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subJect nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 90 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid; and,
WHEREAS, the City Commission of the City of Delray beach,
pursuant to Chapter 90 of the Code of Ordinances desires to assess the
1 cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS
Section 1. That assessments in the individual amounts as
shown by the report of the City Manager of the City of Delray Beach,
involving the City's cost of abating the aforesaid nuisances a copy of
which is attached hereto and made a part hereof, are hereby levied
against the parcells) of land described in said report and in the
amount(s) indicated thereon. Said assessments so levied shall, if not
paid within thirty (30 ) days after mailing of the notice described in
II
!i -- .._~ -
- -~----- -.--- ._-~_._--- --~ .--- --- ----- - ~_._--
- ------ _.~- ~
Section 3, become a lien upon the respective lots and parce 1 (s ) of land
descr~bed in said report, of the same nature and to the same extent as
the lien for general city taxes and shall be collectible in the same
, . manner and with the same penalties and under the same provisions as to
sale and foreclosure as City taxes are collectible.
Section 2, That such assessment shall be legal, valid and
binding obligations upon the property against which said assessments
are levied.
Section 3. That the City Clerk of the City of Delray Beach is ,
hereby directed to immediately mail by first class mail to the owner (s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable
within thirty (30 ) days after the mailing date of said notice of
assessment, after which a lien shall be placed on said property, and
interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
. herein and s ha 11 become due and payable thirty (30) days after the
mailing date of the notice of said assessment(s) , after which a lien
shall be placed on said property(s), and interest shall accrue at the
rate of eight ( 8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
t' attorney's fee.
Section 5. That in the event that payment has not been
, . received by the City Clerk within thirty ( 30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of
I Palm Beach County, Florida, and upon the date and time of recording of
the certified copy of this resolution a lien shall become effective on
the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable
attorney's fee.
.
Section 6. That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, in
the form of prescribed in Section 90.06 of the Code of Ordinances, shall
be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the
day of , 1990.
MAY 0 R
ATTEST:
City Clerk
-2- Res. No. 75-90
.
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 5, BLK 61, TOWN OF DELRAY, KENNETH & CHARLOTTE G. $ 38.90
(OLD SCHOOL SQUARE HISTORIC DURANTE ( H & W ) 65.00 (ADM COST)
DISTRICT) , PB 1, P 3, PUBLIC 2188-B W. ATLANTIC AVE. RECORDING
RECORDS OF PALM BEACH COUNTY, DELRAY BEACH, FL 33445
FL.
(15-17 SW 1st AVE)
LOT 20, BLK 41, TOWN OF DELRAY, RUDOLPH & DORIS LEMONT $238.90
PB 5, P 65, PUBLIC RECORDS OF (H & W) 65.00 (ADM COST)
PALM BEACH COUNTY, FL. 321 NW 3RD AVE RECORDING
(321 NW 3rd AVENUE) DELRAY BEACH, FL. 33444
LOT 3, BLK 5, SOUTHRIDGE, ANDRENOR VIL $238.90
PB 13, P 38, PUBLIC RECORDS DIEU-SEUL VIL 65.00 (ADM COST)
OF PALM BEACH COUNTY, FL. 401 SOUTHRIDGE RD. RECORDING
(401 SOUTHRIDGE ROAD) DELRAY BEACH, FL 33444 ..,
LOT 1, BLK 5, SOUTHRIDGE, A.L. QUINONES & ANA $238.90
PB 13, P 38, PUBLIC RECORDS QUINONES, JUANA ROMAN & 65.00 (ADM COST)
OF PALM BEACH COUNTY, FL. RAMON ROMAN RECORDING
(1120 SW 4TH AVENUE) 1120 SW 4TH AVE.
DELRAY BEACH, FL. 33444
LOT 20 & THE PT OF 15' ALLEY! DANIEL D. BELLANTE $ 38.90
NOW ABNDED!LYG SLY THEREOF & 624 ALLEN AVE. 65.00 (ADM COST)
ADJ THERETO, BLK B, SNOW HILL, DELRAY BEACH, FL. 33483 RECORDING
PB 21, P 83, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL.
(624 ALLEN AVENUE)
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS.
- 3 -
Res. No. 75-90
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # OF AUGUST 28 1990
RESOLUTION NO.
DATE: August 24, 1990
This item is a Resolution assessing costs for abatement action
required to demolish an unsafe building on property at 410 S.W. 2nd
Street. The Resolution sets forth the actual costs incurred and
provides the mechanism to attach a lien on this property in the event
the assessment of $2,310 remains unpaid.
Recommend approval of Resolution No. 76-90 assessing costs for
demolishing an unsafe building within the City.
~,.,-
.
:1 ---- ---_._----_._-- --- .~- - - -_. ---"- ._- --. ---- --.---.
-- ~ .
RESOLUTION NO. 76-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165. OF THE CODE OF
ORDINANCES OF THE CITY OF DEL RAY BEACH. ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
I. OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND I:-lTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION. AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
,
WHEREAS. the Building Official or his designated representative
has. pursuant to Chapter 165. of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or Oil1-Ce 1 s of land,
described in the list attached hereto and made a part hereof. for
violation of the building codes and building requirements adopted hy
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(sl and has determined that an
unsafe building existed in accordance with the standards set forth in
. Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner (s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
t"- describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
\ demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty ( 30)
l days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief BUilding Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
VT
" --- .- -.- ---- - -
--,------,- -_.. ---,--~.__._-- - --~ -.-.----
Section l. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel (s) of land descr~bed in said report and in the amountls) indi-
cated thereon. Said assessments so levied shall , if not ?a~d within
. . thirty (30 ) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same man::.er and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
,
Section 2. That such assessments shall be legal, va lid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage ?repaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice (s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty ( 30) days after the mai ling date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
- plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
t' date of the notice of said assessment(s) , after which a lien s ha 11 be
placed on said property(s), and interest shall accrue at the rate of six
percent (6% ) per annum plus reasonable attorney's fee and other costs of
, , collection.
Section 5. That in the event that payment has not been re-
I ceived by the City Clerk within thirty (30 ) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
. subject property which shall the cost of abatement, interest at
secure
the rate of 6 %, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1990.
~ A Y 0 R
ATTEST:
City Clerk
- 2 - Res. No. 76-90
.
NOTICE OF ASSESSMENT
Date
TO: Ethel Bain
ADDRESS: 545.NW 5th Street, Boynton Beach, FI 33435
PROPERTY: 410 SW 2nd Street, Delray Beach, FI 33444
LEGAL DESCRIPTION: W35' of E135' of NI00' & 550' of NI00' of E35.5' of WI35.5'
of Block 31, Town of Delray according to Plat Book 1, Page 3 of the
official records of Palm Beach County, Fl
.
You, as the record owner,of, ~ or holder of an interest in, the above-
described property are hereby advised that a cost of $2,310.00 by resolution ~
of the City Commission of the City of Delray Beach, Florida, dated
, 1990, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 2-9-90
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action,
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 6-13-90
at a cost of $2,310.00 which includes a ten percent (101.) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the B~ilding Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
."
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~K MEETING OF AUGUST 28, 1990
RESOLUTION NO. 77-90
DATE: August 24, 1990
This item is a Resolution assessing costs for abatement action
required to board up an unsafe building and emergency action required
to remove an unsafe condition on property at 1132 N.E. 9th Avenue.
The Resolution sets forth the actual costs incurred and provides the
mechanism to attach a lien on this property in the event the
assessments of $1,171.50 and $38.50 remain unpaid.
Recommend approval of Resolution No. 77-90 assessing costs for
boarding up an unsafe building and removing an unsafe condition within
the City.
:I
---- .--.------ _. - - ---.--
- __h
RESOLUTION NO. 77-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
, . LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACT!ON; PROVrn ING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR .,
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
I described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- II
inances; and,
i of the Code of OrdinLnc.. of
\
WHEREAS, pursuant to Chapter 165,
the City of Delray Beach, the Building Official or his d...iqnated
representative has inspected said land Is) and has determined that an
- \ unsafe building existed in accordance with the standards set orth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner Is) of the land Is) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
,... building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
n ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty ( 60) days and all work must
~ ' be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
, said notice; and,
WHEREAS, all the not i ce requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
tIC
.. ~ :":" --
.
!!
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
, . thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land described
in said report, 0 f the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible. .
Section 2. That such assessments shall be legal, valid and .,
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
I hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) 0 f the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s) v
that the City Commission of the City of Delray Beach has levied an assess-
i ment against said property for the cost of abatement action regar4ing an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per.annum,
. plus reasonable attorney's fees and other costs of collecting sail sum..
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
...._ date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
~ ' collection.
Section 5. That in the event that payment has not been re-
, ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
. subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1990.
1'1 A Y 0 R
ATTEST:
City Clerk
-.....l<
- 2 - Res. No. 77-90
,,.... --.-
i
&
NOTICE OF ASSESSMENT
Date
TO: RSS Properties. Inc.
ADDRESS: c/o Mona Eakle Tropical Awning Co. 360 NE 4th St.
Delray Beach, Fl 33444
PROPERTY: 1132 NE 9th Avenue. Delray Beach. Fl 33444
LEGAL DESCRIPTION: Lot 17 and Slv 26.72' of Lot 18. Block 2. Kenmont
accordini to Plat Book 20. Paie 68 of the official records of Palm Beach County, FI
You, as the record owner ,of, tor holder of an interest in, the above- ~
described property are hereby advised that a cost of ~1.171.~nby resolution
of the City Commission of the City of Delray Beach, Florida, dated C
, 1990, has been levied against the above-described property.
~
The costa were incurred as a res~lt of a nuisance abatement action
regarding the above-described property. You were given notice on 6-1~-Qn
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
x An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
r - ~
.
Th. City o~ D.lray 8each has therefore taken remedial action to remove
the un..f. condicton existing on the above-described property on 6-23-90
at a co.c of S1.17.1. 50 which includes a ten percent (10%) administrative
f... If you fail to pay this cost within thirty (30) days, that cost shall
be ~ecorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the B~ilding Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
'*
'"
."
:i
. .
~~
r ~
-
.
:
NOTICE OF ASSESSMENT
Date
TO: RSS Properties. Inc.
c/o Mona Eakle Tropical Awning Co. 360 NE 4th St.
ADDRESS: Delray Beach, Fl 33444
PROPERTY: 1132 NE 9th Avenue, Delray Beach, FI 33444
LEGAL DESCRIPTION: Lot 17 and 51y 26.27' of Lot 18, Block 2. Kenmont
according to Plat Book 20. Page 68 of the official records of Palm Beach County, Fl
t v
You. as the record owner,of, or holder of an interest in, the above- v
described property are hereby advised that a cost of $38.50 by resolution
of the City Commission of the City of Delray Beach. Florida, dated
. 1990, has been levied against the above-described property.
~
~
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 6-14-90
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
x An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
. still have an appeal right as to the cost of the action.
, , -
.
.
Th. Cicy of D.l~.y Beach has therefore taken remedial action to remove
the un..f. condition existing on the above-described property on 6-25-90
at . co.t of S38..50 which includes a ten percent (10%) administrative
fee. Il you lail Co pay this cost within thirty (30) days, that cost shall
be'recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
oflice of the B~ildlng Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
v
v
:'{
.~
:a',
""---'"
.... . .,~-.,;:t.
,
. ~
--
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tf'l1
SUBJECT: AGENDA ITEM # 11., - MEETING OF AUGUST 28, 1990
AWARD OF BIDS AND CONTRACTS
DATE: August 24, 1990
This is item is before for award of bids and contracts.
1. Rental Rehabilitation- Community Development- MASCO in the
amount of $17,000 for rehabilitation of property at 128 S.W. 3rd
Avenue with funding from Rental Rehab Grant (Account No.
118-1975-554-60.28). Account balance $44,894.77.
2. Pipe Fittings and Accessories- Annual Contract- multiple low
bidders in an estimated amount of $52,000 with funding from
Repair and Upkeep Water Meters (Account No. 441-5123-536-33.33).
Account balance $40,000.
3, Emergency Interconnect with Boca Raton- Public Utilities- W.
Jackson and Sons Construction Company in the amount of $91,987.88
with funding from 1984 Water and Sewer Contingency Fund (Account
No. 441-5162-536-60.48. Account balance $280,139.
..
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: John W. Elliott, Assistant City Manager/
Management Services
FROM: Ted Glas, Purchasing Director #'.#
DATE: August 20, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
AUGUST 28, 1990 - BID AWARD - #90-85
RENTAL REHABILITATION PROGRAM
Item Before City
City Commission contract to low
bidder, Masonry for rental
of
the
Background:
The Community Development Division handles and processes
their formal bids on rental rehabilitation projects.
Purchasing's review of Bid 1190-85 finds it to be in
compliance with City purchasing procedures.
Contract
Property Contractor Amount
128 s.w. 3rd Avenue M.A. S.C.O. $35,800.
Recommendation:
Staff recommends award to low bidder, Masonry & Stucco
Contractors, Inc., at a contract amount of $35,800. Funding
as stated above.
Attachments:
Memorandum from Community Development
Bid Information Sheets
pc Lula Butler
~l.\
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
FROM: DOROTHY ELLINGTON, CD COORDINATOR ~~
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT ~
DATE: AUGUST 17, 1990
SUBJECT: RENTAL REHABILITATION PROGRAM/CONTRACT AWARD
In accordance with the City of Delray Beach Community Development
Division's approved Statement of Policies and Procedures, we are
hereby requesting City Commission approval of one Rental
Rehabilitation Deferred Loan. The program provides for the
rehabilitation of investor owned substandard units, located
within the CDBG Target Area. Contract awards are based on actual
cost of the rehabilitation to an eligible structure. OWners are
eligible for a dollar for dollar match of Rental Rehabilitation
Funds for total cost, not to exceed $8,500 per unit.
Community Development staff provided the detailed work write-ups,
cost estimates for work specifications, and bid process on all
eligible structures. Investors are required to escrow their
share of the cost with the Ci ty prior to the issuance of the
Notice to Proceed.
Inspection of work will be done by the City's Community
Improvement Department and the Community Development Division.
Contracts will be executed between the building contractor and
the property owner. The City remains the agent and this office
will monitor all work performed by the contractor and will ensure
compliance according to specification and program guidelines.
Pay requests will require both contractor's and owner's
signatures. Funds will be disbursed on a dollar for dollar basis
matching the owners share with the Rental Rehabilitation Funds.
The owners and properties have met the eligibility requirements
as specified in the Rental Rehabilitation Program description.
Detailed work write-ups and individual files are available for
review at the Community Development Office.
-
RR14
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
RENTAL REHABILITATION
BID INFORMATION SHEET
BID #: 90-~
APPLICANT: ROCCO SOLIMENT - VINCENT MARCHIONE
APPLICATION #: 90-009RR
PROJECT ADDRESS: 128 SOUTHWEST 3RD AVENUE
DATE OF BID LETTERS: 7/31/90
DATE OF BID OPENING: 8/9/90
NAME OF CONTRACTORS AMOUNT OF BID
B & JR CONSTRUCTION $
DARRYL L. COOK $
FIRST CONSTRUCTION OF THE PALM BEACHES,INC. $
HENRY L. HAYWOOD $
MJD CONSTRUCTION SERVICES $ 53.000.00
TOMMY PRESTON $
ABISSET CORPORATION $
CSB CONSTRUCTION, INC. $
T. H. Y. CONSTRUCTION INC. $
M. A. S. C. 0 . $ 35.800 00
IN - HOUSE ESTIMATE: $ 38 . 385 . 00
CONTRACTOR AWARDED CONTRACT:
BID/CONTRACT AMOUNT: $
COMMENTS: LOW BID
-
BIDFORM/PG4
RENTAL REHABILITATION LOAN IS REQUESTED FOR THE FOLLOWING:
CONTRACTOR PROPERTY RR DEFERRED INVESTOR
ADDRESS LOAN SHARE
M.A.S.C.O. 128 SOUTHWEST 3RD AVE. $17,000.00 $18,800.00
RR14
....-....-
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: John W. Elliott, Jr.. Assistant City Managerl
Management Services
FROM: Ted Glas, Purchasing Director ~~
DATE: August 20, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
AUGUST 28, 1990 - BID AWARD - BID #90-62
PIPE FITTINGS AND ACCESSORIES - ANNUAL CONTRACT
Item Before City Commission:
The City Commission is requested to make multiple awards to 10w
bidders, as stated below. at an estimat4d annual cost of $52.000. Per
the Budget Director, funding is from:L\ I-SJ,-3--S~.37~~
( ~~?M ~ ~ 1AP(€"e9 'V'lA-"n:~ l-'\'Ef~ ) .
Background:
The Public Utilities Department has need for an annual contract on pipe
fittings and accessories based on estimated annual quantities. Bids
for this contract were received on August 8. 1990 from six (6) area
vendors a11 in accordance with City purchasing procedures. (Bid
#90-62. Documentation on file in the Purchasing Office.) A tabulation
of Bids is attached for your review.
Recommendation:
Staff recommends multiple awards to the low bidders. as follows:
Group I Southeastern Municipal Supply - $ 1, 619 . 00
Group II Southeastern Municipal Supply - 3.119.05
Group III Sunstate Meter & Supply - 23.156.50
Group IV Hughes Supply - 3,685.60
Group V Southeastern Municipal Supply - 1, 090.45
Group VI A&P Water & Sewer Supply - 6.222.00
Group VII Davis Meter & Supply - 3.454.44
Group VIII Hughes Supply - 951. 40
Group IX A&P Water & Sewer Supply - 1,918.50
Group X Hughes Supply - 6,861. 25
Total (Estimated) $52,078.19
Funding as stated above.
Attachments:
Tabulation of Bids
Recommendation from Public Utilities
pc William Greenwood
IL.~
MEMORANDUM
TO: Jackie Rooney
Bid Specialist
THRU: Larry J. Martin
Deputy Director of Public Utilities/Opere & Maintenance
FROM: Al Monteleone
Supt. of Water/Sewer Network
SUBJ: BID # 9 0 - 6 2
DATE: August 16, 1990
After reviewing the tabulation of bids, the following are my
recommendations.
Group I: Gate Valves - Southeastern Municipal Supply
Group II: Service Saddles - Southeastern Municipal Supply
Group III: Corporations, Curbstops, P.E. Tubing - Suns tate
Meter & Supply Inc
Group IV: Bo1tless Couplings, Galvanized Compression
Couplings, Solid Brass - Hughes Supply
Group V: Tubing Liners - Southeastern Municipal Supply
Group VI: Meter Relocator - A & P Water & Sewer Supply
Group VII: Full Circle Repair Clamps - Davis Meter &
Supply
Group VIII: PVC Pipe - Hughes Supply
Group IX: Adjustable Cast Iron Valve Box - A & P Water &
Sewer Supply
Group X: Miscellaneous Supplies - Hughes Supply
~i-t~
Al Monte leone
Supt. of Water/Sewer Network
AM: pw
1.-. _. cc: William H. Greenwood, Director of Public Utilities
Larry J. Martin, Deputy Director of Public Utilities/
Operations & Maintenance
, .,
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M E M 0 RAN DUM
TO: David T. Harden. City Manager
THROUGH: John W. Elliott. Jt_. Assistant City Hanage~
Management Services
FROM: Ted Glas. Purchasing Director :!(/I'
DATE: August 21. 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
AUGUST 28. 1990 - BID AWARD - BID #90-73
DELRAY BEACH/BOCA RATON WATER MAIN INTERCONNECTION
Item Before City Commission:
The City Commission is requested to award contract to 10w
bidder. W. Jackson & Sons Construction Company. in the
amoun~ $91.987.88. Per the BUd~1 Director. fUnding~S
from: 1-Slb2-S?k.bo~4i' (~ S Cc~+iWj~ ~1.2/1~
) .
Background:
Scope of Work:
Construction of 1211 water main across C-15 canal. and
connection to existing 16" Boca Raton water main.
Bids for this project were received on August 15. 1990 from
eleven (11) contractors. all in accordance with City
purchasing procedures. (Bid 1190-73. Documentation on file
in the Purchasing Office.) A tabulation of bids is attached
for your review.
The low bid was submitted by W. Jackson & Sons Construction
Company in the amount of $91,987.88. 01sak & Associates
Consulting Engineers estimate for this work is $90,225.
Recommendation:
Olsak & Associates and staff recommend award to low bidder,
W. Jackson & Sons Construction Company, in the amount of
$91.987.88. Funding as outlined above.
Attachments:
Tabulation of Bids
Recommendation from Public Utilities
'L.~
.
.
/1-/ I
i../
MEMORANDUM
TO: Ted Glas
~ Purchasing Director
THRU: William H. Greenwood
Director of Public utilities
FROM: George Abou-Jaoude
Dep. Dir. of Public utilities/Project
SUBJECT: CITY OF DELRAY WATER MAIN INTERCONNECTION
PROJECT # 90.04
DATE: August 22, 1990
The bid opening for this project occurred on August 15, 1990
at the City purchasing office. There were eleven ( 11)
bidders. Their prices ranged from $91,987.88 to
$132,421.14.
The three (3) lowest bidders were:
0 W. Jackson & Sons $ 91,987.88
0 Savage Construction $ 104,000.00
0 Johnson & Davis $ 109,000.00
The Engineer of record is Olsak and Associates. He
recommends the low bidder for this project. We have no
problem awarding the project to W. Jackson and Son at
$ 91,987.88. Funding source shall be 441-5162-536-60.39.
The construction costs for this project shall be shared
equally between the City of Delray Beach and City of Boca
Raton. -
Please have this award on the next agenda for the City
Commission approval. Also please include on the Agenda a
request to transfer funding from 441-5162-536-60.48,
Contingency, $91,987.88 to 441-5162-536-60.39,
De 1 ray/Emergency Interconnect, $91,987.88 to cover
construction costs.
. th,
GAJ/gm
.c;;..__.i:O. cc: file; project #90.04
file;proj9004
'0.
,
OLSAK & ASSOCIATES
CONSULTING ENGINEERS
P.O, Box 6727
West Palm Beach, Fla. 33405
i~IT\i ()F DELRAY 8E'::. - '-"", . >',J ~: \', : .".. \:::' ::.:.' -. ;-:' r.. j '" I C r"' "..,.. ',' :"'-, t'J
'-.'.- " .' -" "... ..,.... -,. '"
,--,--,--,---"---"-"---'-"--"'~---""-""~'--.-- ..----<<.----------.-..-.-----..-.------..-..-
PROJECT # 564465.
B I D TAB U L A T I i') N :
E (-:,', e 1. 1] ;:1 e.::; ,'''\:-.;:' ':'"".,:.:. ..1. __ .. j:\ u M .,
'.' - - -. -. ~ '--".-
NAME OF BIDDER: WATER W. METER C-.15 TOTAL:
MAIN: ASSEMBLY: CROSSING:
~ '-. ... . _ ,-:, t-j .;: !.~, ( "
'." :).!~~. G n .' , ,",... ..L": 6 ! :'.., 'l.of .-. - ~~~ .:4
- - " ......
"', "t': ~'. !- ,.... ~._'1 .~. '.~. '~ .'~
.. ,~ ,-. ,. .. -.. L:';: " :: .:;, :':'~ , .. IJC;CI ~ -
. J ' .;~ .~ t~ '._', ., .,
", ....: ~ '.-: Cl r: '';''
t:" '.:: .",;:;... \ '~' 1 .:..2- . . "... ~{'::-, IJ 1-:: IJ J -- , : , '?.3 7 . 88
-
L' n ~,:: ~.~, -,; I r, ,.01
-
I ;~:J. ._'. =::. +... r 1. ;? ~. . .- j,::-: -- '. S!] ~ ::;[;Ci i 1-, ~., .~. -.-
, ~.! -. ,.. .
i-..i _. ; .'; ".. ::.c;. ,. r-
.. i:'. :." ~:: ,J . ~~. ;.. :. .~; ~~; . , . , , -- -.. /1."7 ,'-~_.' -1.-: . -.- ..
... n' . - .~.-
,. .. '- _.. .... ? ...... '~n _..J "
,;"
.. . . .+ - .. .--,. .. -'I ~ 1 ,...,. 2.S J. .7!J
,. .. . .. . -
i:' ':?i_'-' ,
I~ 1. '::) ':"i ~ .. \.': ~ . '~'. .n _ ~. ~- . .- .=: . ~~ C)
- .. ,_ _u ' ...~ ~-' '.- ~
'-'-::1 , .. -'
r~-: R" - ..1. ~: 1-.... "':.-~. -
...' _k - ." 0..- .r
:", i_,,\,~':''' ..
.. - : .., i ~
., r.; 1--: ,...., ,-;'~ ..-1 .- -- ~ :-,i::: '1
< 4. ... _. .-
h" _".; . ':',,'1 .
... .,.. '... ~n .n .. ... -. 'J ' ._.
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~l. -. .. , .. -
:~'-?(~lR[D BY: 1'.,1;3, 1 " '
RECOMMENDED BIDDER
BY OLSAK & ASSOCIATES: W.JACKSON & SONS CONSTRUCTION CO.
'.: 1. :;,~.I. ,
//
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY r.-'f.ANAGER t>:f
SUBJECT: AGENDA I'rEM # q L- - MEETING OF AUGUST 28, 1990
APPOINTMENT OF MEMBERS TO THE PLANNING AND ZONING BOARD
DATE: August 24, 1990
This item is before you for appointment of seven members to the
Planning and Zoning Board. As you know, concurrent with adoption of
the Land Development Regulations, the Planning and Zoning Board was
dissolved, and therefore, all current memberships were terminated.
Prior to adoption of the LDRs the following members served on the
Planning and Zoning Board:
Lawrence Parker Larry Schneider
David Klarer Tom Purdo
Digby Bridges David Schmidt
Helen Coopersmith
These members were notified of the pending dissolution of this
advisory board and advised that they could reapply for appointment to
this or any other advisory board/committee. We received applications
from:
*Sandra Almy **Jay Felner Lawrence Parker
J. Kent Atherton Hugh Gage Tom Purdo
John Baccari ***Randee Golder Ronald J. Rickert
Walter Barry Sylvia Gwynn *****Darrel Rippeteau
Jean Beer James A. Johnson David Schmidt
Michael Caistor David Klarer Sidney Soloway
Michael Caruso ****Mark Krall Stanley Watsky
Judith Colvard ****Jon Levinson Deborah Wright
Helen Coopersmith P. Michael Manning ****Alvero Vera
**Samuel DeOto Rita Naron Robert G. Cu r r i e
Richard Dougherty Catherine Newkirk Fred B. Fetzer
Helene S. Egelman Sandra Norton
*Currently serving on the Community Appearance Board.
**Currently serving on the Board of Construction Appeals.
***Currently serving on the Housing Authority.
****Currently serving on the Board of Adjustment.
*****Seasonal Resident.
In accordance with the rotation system adopted as part of the
Commission's "Local Rules" appointments to the Planning and Zoning
Board will be as follows:
Seat 5- one member to a one ( 1 ) year term and one member to a two ( 2 )
year term.
Seat 1- one member to a one ( 1 ) year term and one member to a two ( 2 )
year term.
,
AGENDA REPORT
0
Seat 2- one member to a one ( 1 ) year term.
Seat 3- one member to a two ( 2 ) year term.
Seat 4- one member to a two ( 2 ) year term.
Recommend appointment of three members to a one ( 1 ) year term and four
members to a two ( 2 ) year term on the Planning and Zoning Board.
- 2 -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t?1Vl
SUBJECT: AGENDA ITEM #,,~ - MEETING OF AUGUST 28, 1990
GULF STREAM BOULEVARD MEDIAN LANDSCAPE IMPROVEMENTS
DATE: August 24, 1990
This item is before you for direction regarding a proposed interlocal
agreement with Boynton Beach for median improvements along Gulfstream
Boulevard. This subject was initially discussed in February or March,
when then Interim City Manager Malcolm Bird met with the City Manager
of Boynton Beach. In July, we were contacted by Boynton's City
Horticulturist regarding the amount of funding we had allocated
towards this project. While this item was discussed by the Commission
in January, concurrent with discussion on the Del Aire medians, no
further action has been taken. We have again been contacted by
Boynton Beach and they are requesting that the City Manager provide
them with written notice of the City's position on this project.
Therefore, this item is before you for Commission input.
Recommend the Commission provide direction regarding improvements of
the Gulfstream Boulevard medians.
.
. 8p3~
August 19, 1990
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~.~
vi v
RE: GULF STREAM BLVD MEDIAN LANDSCAPE IMPROVEMENTS/PROPOSED
AGREEMENT WITH THE CITY OF BOYNTON BEACH
Sometime ago, (February & March, 1990) the Interim City Manager
Malcolm Bird had met with the City Manager of Boynton Beach to
discuss a possible inter10cal agreement between the two cities to
upgrade and maintain the medians on Gulfstream Blvd. We were
contacted during the month of July by Boynton Beach's
Horticulturlist on the amount of funding that had been allocated
by Delray Beach for this project. I could remember the subject
being bought to the Commission by Mr. Bird, we researched the
minutes of meeting to determine if we had been directed to
develop such an agreement and could not find this as part of the
record. The item was discussed at the same time the Commission
discussed the Del-Aire medians. Nancy Davila met with Kevin
Hallahan on March 1, 1990 to discuss a possible joint project at
Mr. Bird's request. We had not done any thing further regarding
this project.
On Friday, 8/17, I was again contacted by Kevin Hollahan of
Boynton Beach regarding this matter. He is asking that his City
Manager be provided written notice of the City's position on this
project. My concern is that I know at least one Commissioner is
under the impression that we were working with Boynton Beach to
upgrade this Blvd. Before we draft a letter for your signature,
do you wish to bring the subject up again for clarification?
We will wait for your direction.
cc: Nancy Davila
Joe Weldon, P/R
B:Gulstream.LB/LG4
?NJ
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
. ,
FROM: CITY MANAGER ~jJl
SUBJECT: ADDENDUM TO AGENDA ITEM #9J - MEETING OF AUGUST 28, 1990
DATE: August 28, 1990
The Manager's Memo for Agenda Item 9J is revised to remove any
reference to appointment "alternate members".
The Site Plan Review and Appearance Board will be composed of seven
regular members.
With regard to the appointment of members to the Board:
Seat 3 will appoint one reqular member to a one year term and one
regular landscape architect to a two year term.
Seat 4 will appoint one regular member to a one year term and one
regular member to a two year term.
The recommendation is also modified to provide for the appointment of
three regular members to a one year term.
All other information contained in the original memorandum is correct.
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - AUGUST 28, 1990 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
ADDENDUM
The Consent Agenda is amended to read:
B. CONTRACT RENEWAL- AFTERSCHOOL PROGRAM COORDINATOR: Approve
contract renewal for Carolyn Parker from Octo:!::>er 1, 1990 to
September 30, 1991 as Program Coordinator for the Afterschool
Program at Carver Middle School, Pompey Park and the Civic Center.
City Manager recommends approval.
The Regular Agenda is amended to read:
J. APPOINTMENT OF SEVEN REGULAR MEMBERS TO THE SITE PLAN REVIEW
AND APPEARANCE BOARD: Appoint seven regular members to the Site
Plan Review and Appearance Board (three members to a one year term
and four members to a two year term) . *Note: (Appointment of
members to be done after approval/second reading of Ordinance No.
25-90 pertaining to the Land Development Regulations.)
" , .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #~APPOINTMENT OF MEMBERS TO THE SITE
PLAN REVIEW AND APPEARANCE BOARD
DATE: August 24, 1990
This item is before you for appointment of five regular and two
alternate members to the reconstituted Site Plan Review and
Appearance Board. As you know, concurrent with adoption of the
Land Development Regulations, the Community Appearance Board was
dissolved. Accordingly, memberships on the Community Appearance
Board were terminated. Prior to adoption of the Land Development
Regulations the following members served on the Community Appear-
ance Board:
Regular Members Alternate Members
William Wilsher Ann Pearson
J. B. Smi th Sandra Almy
Richard Eckerle
Mark Marsh
Jess Sowards
These members were notified of the pending dissolution of this
advisory board and advised that they could reapply for appoint-
ment to this or any other advisory board. We received applica-
tions from:
John G. Baccari David Bodker
Paul Richard Brautigan Robert Brewer
Michael Caistor * Mark David
Gene Fisher ** Randee Golder
Kyle Kopytchak * Jon R. Levinson
Robert H. Moore Debora Turner Oster
Ronald Rickert II Mildred Scherer
Marc Shepard * Alvaro Vera
Rettig Talbot
* Currently serving on the Board of Adjustment
** Currently serving on the Housing Authority
, ~ .
Along with the Land Development Regulations, an additional
membership requirement was created as follows: "Two regular
members of the board shall be registered architects and one
member shall be a landscape architect or a person with expertise
in landscaping or horticulture.u
The Site Plan Review and Appearance Board is a newly created
board whose scope has been expanded to include those duties
previously performed by the Community Appearance Board and the
site plan review function previously done by the Planning and
Zoning Board.
In accordance with the rotation system adopted as part of the
Commission's "Local Rules", appointments to the Site Plan Review
and Appearance Board will be as follows:
Se at 3 - one alternate member to a one year term and one
regular landscape architect to a two year term
Seat 4 - one alternate member to a one year term and one
regular member to a two year term
Seat 5 - one regular member to a one year term
Seat 1 - one registered architect to a two year term
Seat 2 - one registered architect to a two year term
Recommend appointment of two registered architects to a two year
term, one landscape architect to a two year term, two alternate
members to a one year term and one regular member to a one year
term on the Site Plan Review and Appearance Board.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER I/t1
SUBJECT: AGENDA ITEM # C\J( - MEETING OF AUGUST 28, 1990
APPOINTMENT OF MEMBERS TO THE HISTORIC PRESERVATION BOARD
DATE: August 24, 1990
This item is before you for appointment of seven members to the
Historic Preservation Board. As you know, concurrent with adoption of
the Land Development Regulations, the Historic Preservation Board was
dissolved, and therefore, all current memberships were terminated.
Prior to adoption of the LDRs the following members served on the
Historic Preservation Board:
K. Wayne Campbell Alice Finst
C. Spencer Pompey Pat Healy-Golembe
Diane DeMarco (Chairman) Rose Sloan
David Martin
These members were notified of the pending dissolution of this
advisory board and advised that they could reapply for appointment to
this or any other advisory board/committee. We received applications
from:
K. Wayne Campbell William Ayers Marjorie Miller
C. Spencer Pompey P. Richard Brautigan Julie Morgan
Diane DeMarco Christine Bull Ronald Rickert
Alice Finst Daniel Carter Frank Rozzo
Pat Healy- Golembe Gene D. Fisher Rettig W. Talbot
Rose Sloan Cecil (Sandy) Jamison
It should be noted that under "Special Qualifications", members
selected for appointment should have knowledge, experience, judgement,
and background, and have personal or professional interest or
experience in historic restoration and preservation.
In accordance with the rotation system adopted as part of the
Commission'S "Local Rules" appointments to the Historic Preservation
Board will be as follows:
Seat 4- one member to a one ( 1 ) year term and one member to a two ( 2 )
year term.
Seat 5- one member to a one ( 1 ) year term and one member to a two ( 2 )
year term.
Seat 1- one member to a one ( 1 ) year term.
Seat 2- one member to a two ( 2 ) year term,
Seat 3- one member to a two ( 2 ) year term.
Recommend appointment of three members to a one ( 1 ) year term and four
members to a two ( 2 ) year term on the Historic Preservation Board.
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # q.H APPOINTMENT OF MEMBERS TO THE BOARD
OF ADJUSTMENT
DATE: AUGUST 24, 1990
This item is before you for appointment of five regular and two
alternate members to reconstitute the Board of Adjustment. As
you know, concurrent with adoption of the Land Development
Regulations, this board was dissolved and, there fore, all current
memberships were terminated. Prior to adoption of the Land
Development Regulations the following members served on the Board
of Adjustment:
Regular Members Alternate Members
Steven Rubin Mark David
Lorraine Kasper Jon R. Levinson
Alvaro Vera
Anthony Veltri
Mark Krall
These members were notified of the pending dissolution of this
advisory board, and advised that they could reapply for appoint-
ment to this or any other advisory board. We received applica-
tions from:
Alvaro Vera John G. Baccari
Anthony Veltri Scott C. Bechtle
Mark David Milford Ross
Lorraine Kasper Marc Shepard
Mark Krall Sidney S. Soloway
Jon R. Levinson Benjamin Warren
In accordance with the rotation system adopted as part of the
Commission's "Local Rules", appointments to the Board of
Adjustment will be as follows:
.
Seat 1 - one alternate member to a one year term and one regular
member to a two year term
Seat 2 - one alternate member to a one year term and one regular
member to a two year term
Seat 3 - one regular member to a one year term
Seat 4 - one regular member to a two year term
Se at 5 - one regular member to a two year term
Recommend appointment of two (2 ) alternate members to a one year
term, one regular member to a one year term and four members to a
two year term to the Board of Adjustment.
,
MEMORANDUM
TO: David T. Harden. City Manager
THRU: Susan O'Brien. Assistant City Clerk ~
FROM: Anita Barba. Board Secretary
SUBJECT: APPOINTMENTS TO THE BOARD OF ADJUSTMENT
DATE: August 21, 1990
Concurrent with the adoption of the Land Development Regulations
Ordinance (No. 25-90), the Board of Adjustment will be dissolved.
Subsequently, new members will be appointed to reconstitute this Board.
The members currently serving on the Board and their expiration terms
are as follows: Alvaro Vera (3-15-91), Anthony Veltri (3-15-92). Steven
D. Rubin has resigned. Mark David (3-15-92). Lorraine Kasper (5-22-93).
Mark Krall (5-22-93) and Jon R. Levinson (6-12-93).
Mr. Vera. Mr. Veltri. Mr. David, Mrs. Kasper, Mr. Krall and Mr. Levinson
would like to be considered reappointed and have submitted applications.
The following persons have also submitted their names for consideration:
John G. Baccari. Scott C. Bechtle. Milford Ross. Marc Shepard. Sidney
S. Soloway, and Benjamin Warren. Applications and resumes are attached.
The Board shall consist of five (5) regular members and two (2)
alternates.
In order to qualify for membership. "A member shall either be a resident -
of or own property in the city and/or own a business within the City.
Additional qualifications may be established for individual boards."
-
The suggested order of appointment is as follows:
Seat #1. appointment for one (1) year
Seat #2, appointment for one (1) year
Seat #3, appointment for one (1) year
Seat #4, appointment for two (2) years
Seat #5. appointment for two (2) years
Seat #1, appointment for two (2) years
Seat #2, appointment for two (2) years
nboa.txt
9#
.
CITY OF DELRAY BEACH ~ ;r / J. I /q J
BOARD MEMBER APPLICATION
NAME ALVARO VE:AA -- ----
~
1223 SEASPRAY AVE., DELRAY BEACH, FL. jj483
~OME ADDRESS (Sereet, C1ty, .Z1~o~(LEGAL RESIDENCE)
284 S. E. 2ND. AVE. DEL RAY BEACH, FL. 33444
PRINCIPAL BUSINESS ADDRESS (Street. City. Zip Cod.) ___. _
HOKE PHONE 407- 276-7913 BUSINESS PHONE 407- 276-7913
-- --
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING -- -. - - - - - -
Site... P1an_ Review&- App .- Brd.:";"- or Planning & Zoning ot"-.~oard o~
Adjustments.
LIST ALL CITY BOAlDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Plea.. include dat..)
Board of Examiners (when it existed), presently in the
-
BaaLd o~ Ad~~tm~nts Since 86 (?) as an Alternate,. and Full member later
EDUCATIoNAL QlfALIFICATIONS '-' . _
'Bachelor Degree in Building Construction (University of Florida '72)
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
. Certified General Contractor for the ,State on Florida
...
GIVE YOU. PRESENT, OR MOST RECENT EMPLOYER. AND POSITION
President (Part Owner) Blair Construction Co.
P~esident (Part, OWner) Delray Millwork & Supply Co.
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE walCH QUALIFY YOU TO SERVE ON THIS
BOARD . -
1- Land developmen; 4~ Contruction practi~es & A1ternative~
.
2- Desing in construction 5- 18 ye~rs of residence in Delray
, ... r l ...
3- Knowledge of .Building Codes 6"- prev!ous, proven, corrani t~el1t to
. ~ J
the progress of the City.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND t AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
e I J 8/ q:;
DATE
4/90
,
.
ALVARO VERA
1223 SEASPRAY AVE.
DELRAY BEACH. FLORiDA 33483
AUGUST 18. 1990
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
RE: BRIEF RESUME
Name . Alvaro Vera
.
Age . 43 (8/28/47)
.
Status: Single
Resident of Delray Beach since 1972
President . Blair Construction Co.. Inc.
.
Certified General Contractor . CGC008508
.
President . Delray Millwork !. Supply Co.
.
Graduate of the University of Florida. Bachelor Degree in
Building Construction. Spring of 1972
Member of Blair Construction Since 1972
Member of Board of Adjustments City of Delray Beach
Member of the Kiwanis Club of Delray Beach (Second Vice-
president)
Member of the Delray Beach Chamber of Commerce
Member of the Association of General Contractors of America
Member of the American Institute of Constructors
Member of the Board of Directors of the South County Mental
Health Center, Oelray Beach.
Past President of the Delrav Beach Tennis Association
Past President of the Boca Raton Road Runners Club.
Past President of the Grove Condominium Association.
More Information upon request...
CITY OF DELRAY BEACH &-' ~r-C\ 0
BOARD MEMBER APPLICATION <&' ~
NAME .4J r I~ O.u y V t. 1./1121 J)e LIOIl--
d9/S-: 'c." jJ.u}. ~ Ji. J-/H h f=L. J J 'I (t -S-
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESI ENCE)
{!r L- It" .{? .i::>
PRINCIPAL BUSINESS ADORES (Street, City, Zip Code)
HOME PHONE (1-107) J, ?.1-- O.Ls-J, BUSINESS PHONE ---
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING (]~ltr{) ~p ~ - ~
~.r / /'H'PI! J..
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
/3o~~~ O} Ad.Jw~/m"?1t- C-UYYfpflL/ -
/
EDUCATIONAL QUALIFICATIONS
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
/11.Jl - I+s./ -It - '(' e LA-~9f,. fo - I3d. 0 J. il-d~J4~t-
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Ci t:. AJ . f) c(prf ,.,~
l1ur--e-btlAlj .t,.; c/". - #S J9 G~AJ' tJ~JJ4f~' /~OVD~8-Y+l/ ~
, C~UA/..I-t'c ClfJ/,A4'j I' (
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WH CH QUALIFY YOU TO SERVE ON THIS
BOARD~' I'~'
(}u' Ie Ai p. ,,)... II'" V S' p// iJ H I j t. f BY A nJ.r / A.Jl it "I1VC~ (~bpe"~
~ LfA6l'L,'ty e//lI~ ~:f- eve,.,..y ).JA-tUY(?' '"jlll./J' ;J1/}/II(l)J/ / 12- frJ
~ (! U. 'r Vt~-f- Od, "J IIrIlt. /;0-111 -'1.( J:)J,) /1-"1'191',1///:1'.,. -r re ~1,(.4;- A/f!'~Jp""
~ !fl
PLEASE ATTACH A BRIEF RESUME. fhFlv K Q.t(,
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE A.'W
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
/~R{A ~ /P~ /Yfo
DATE
4/90
I
CITY OF DELRAY BEACH W ' f / d.. / f qu
BOARD MEMBER APPLICATION
, .
NAME ~ Ae. \.< 'DI\V \ D
\..., 0 0 1:>oVE..2. . ~ b t.: \ oS A 'bt.L. ~~'t 1> ~ ~ ~ 5
~OME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
Cl'\V IJtA-L\.. ,,~O ~L\jE. ~~;Q.O~ ~L~~X\J\E.R.~ ~C~
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE . 41\ C\ -4'1 '3 ~ BUSINESS PHONE ~ 4\:- 5 --4 0" 0
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
~OA Q..J) Ol- ~'D~\JS1' M~""
S\ \'E- tl...Pt~ Q..!.\I \ E.~ t.. ~"eA e..1\-~c.E. ~
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
~ () Pt Q. \:) 0 ~ F:\. 1:> ':J"'\J !.,. t'\ E tJ "\ 4- 'f.E..~ ~ S .
EDUCATIONAL QUALIFICATIONS ~~~\EQ..~ c.t,"4 ~L."~~\~c..
~ ~ ~ .. \..- OQ. ~ lc. ~ \ \' e. c.. "'T \) Q.. t..
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
~\c..~ - ~ ~{J~~~ -1 C~ PL.~.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER. AND POSITION
C''''f''t o~ Q.\\J\E~Pt ~c.~ - ~E.~\.O~ ~\..A~~c.(<..
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD /
9~o~E.~~ \oW P\'- c...\-r'( PL..~~ ~e Q. t\~c:.t\ \\,6,C:r
I
~e."c.-r\.~e.. ALL F Prc.~, ~ 8) 1=. c:..\,~", QL.~ ~ ~ l \J c.)
S\""t'E. ~\..~~ ~e\l\EW 4- Co.....~u~ \.'T"" A.t~E.~Q.~\Jc...6
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE fu~D
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
viJL~.{JJ.~ \" ~C! 0
SIGNATURE DATE
4/90
"10
CITY OF DELRAY BEACH W . Ii' /,). c1 /'1/J
BOARD MEMBER APPLICATION
.
NAME Lorl7'~ ;w,~ Kasl'3"er '-'-' ~
3000 Soanish Tr. Delrav Beach, Fl. 11481
~ HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
none
~RINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 276-2590 BUSINESS PHONE none
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Return to Board of Adiustment
(unless you felt I would be of more value elsewhere)
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
BOard of Adjustment
EDUCATIONAL QUALIFICATIONS See brj ef l'mmm::lT'Y ::It-.f'.::l~nr;:>n
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ProfeSSionally:
teaching freshman chern. at UW-Baraboo (Wi.sconsin)
One season I worked Dart time ~~ ~nr;:> nr;:>i~~y Tibr~ry
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS -
BOARD see attached - I feel being trained in scfuence allows one
to learn to think and act logically
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~~ U./. /~ p/p/rcJ
SIGNATURE DATE
4/90
At. pl~esent. I am a membe 1~ of t.he Bc.a l~d of Adjust.ment. which is
be i 1"1';1 phased ou t an,j pecc,nst.i t.ut.ed. Pl~ i':'l~ t.o be in';! appoint.ed I
submit.t.ed t.he f c,llowi n';I i nf ol~mat.ion. Af t.el~ sel~vin';I on t.he Boapd of
Adjust.ment. for a ShC'l~ t. pe r i .:lIj 0 f t.ime, I have f c,und t.hat. I wC'L41 d like
t.o cc,nt.inue c.n t.his bc'al~d if possible (unless it. is felt. U-, a t. I mi';lht.
be ,:,f ft'I01~e sepvice on anclt.hel~ boap.j) .
. Pl~evic'us Submission Follows
I wc,u 1 d st.ill like t.o be c.:'nsidel~ed
f':;l1~ an appc. i 1"1 t.men t. t.,:, c.ne c,f t.he Cit.y B.:,a pds . As I indicat.ed i n rf.y
ppevi.:.us request. Code Enforcement. would be my fil~St. c h.:, ice. Hc,weve I~ ,
I would like t.o serve c,n any clf t.he Bc,al~ds . :::;ince rflY last. I~eques t. I
feel t.ha t. I have gai ned m':'l~e knowledge and expepience in Cit.y mat.t.el~s.
When I applied t.he fil~St. t.ime t.CI a published l~eques t. f C'I~ II new b l':":lIj II I
I t.':II:.k t.he news it.em lit,el~ally. I nc,w realize t.ha t. appoint.ment.s al~e
made Qn t.he basi s c,f e>::per i ence am.:.n';I c. t.he 1~ t.hings. Thel~ef Ol~e, I
would like t..:, have U-, e f c,ll c,w i n9 added t..:, my pl~evious submission.
Pal~t.ic ipant. in t.he second sessic.n .:,f Visions 2000.
Sel~ved as c':,-chai l~man c.f t.he t.ask f,:,rce dealing wit.h public
facilit.ies durin9 t.he ppeparat.ion of t.he Comprehensive Plan. I have
f.:) 11 c,wed t.h 1~ .:'ugh t,he ent.ipe ppocess of t.he whc,le plan by at.t.ending
subsequent. meet.ings,
Fpequent at.t.endance ac Cit.y CQmmission meet.ings t,:, leal~n t.he
prQcesses i nv.:.l ved as well as at.t.endance at. ot.her Cit,y meet.ings - such
as Planning and Zoning, ~3ewel" B':'al~d meet.ings held with Boynt.on Beach,
etc.
My educatiQn has been in Chemi St.l~y, I h.:)ld both a 8::;; and MS in
Chern i s t 1~ Y fPQm Mapquett.e Universit.y, I have addi t.ic.nal credit.s in
SecQndary Educat.ion and Library Science. My pr,:,fessi,:,nal career has
been in t.eaching cc,llege level Chemist.ry, lat:II:I1~at.ory w,:.rk, l'unn i ng a
t.echnical library for a drug fir'.... , set.t.ing up a 1 i t.el'a t.ure l'et.I'ieval
syst,em fQr anot.her drug firm, and edit.ing and abst.ract.in9 f CIJ~ Chemical
Abst.ract.s Servicee.
X~~ w. ~ -
Lorraine W, Kasper
3000 Spanish Trail
Delray Beach, Fl. 3~:483
Phone 276-2590
~. /GJ f/2 Z!c;O
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME L ...
I 3~4
~Uo ~\o\S:\ ,*,Lh\''.)\\C, A.~L'\)\J f, tJ~lR-~"f B~ACt4 ("Lit 33483
PRI~CIPAL BUSINESS ADDRESS (Street, City, Zfp Code) j
HOME PHONE 3C\4; - ( cl1 3 BUSINESS PHONE ).1 Ie - 74; 1
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
~<1:'1 '<'C'\ '* M ~ '.J ~~'(\C; y& J ~ \o..{\ (\ \ X\5 (' 2c \\ \ f\~
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
~d:>.,d ~ ~~ ~v~-\-~ (,- ~'l. - ~9., It.> ,\'\<.'t.S2NT
(u(""","".: I ~ c..... ~\~~,)
EDUCATIONAL QUALIFICATIONS ~nF\ - P\c<:"Ov\T'\-\n~ 3"D) NOIA-\)f\I.'t~\~
Li...J'l\ - ~'(~\\c::l\..i) \. ')(,\\'\l~I.~ ~ 'to\\orf)I
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
f\\eN\.'oe, .~ ~ ~\c.i-\~ mr ) -tQ\ffi '3.t<.u.U\ Co, ~~ ~ss.f\_
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
~~~-} L\s.\\c~ ~ \(t2-~LL ~) CC<1:ro.y ~c.l\ J Fla..,
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD .. . J _ ( ~
tc.'\"\'\,,\\C'r: ~ 'JJ\~ ~l(>~\~i-~c.X\. C~ L{:)~
\ . (' 'r i
~\'G",'\~(\ s..~~~ ) ~ v'~S ~~ (\'1.\ \ I N:X:: Q (\,l.u ~ .
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~~\?~'N~~ 8\;;:~ "" V
SIGNATURE \ \ DATE
4/90
.
20148 FLORIDA
Real Property, Probate and Trust Law); East Coast Estate Plan-
ning Council; Boca Raton Estate Planning Council. -(Taxation.
Real Property and Corporation and Business Law),
MYRON S, DUNAY, (P,A.), born New York. N,Y" August 19.
1934; admitted to bar. 1962, Florida and U.S. District Court.
Middle and Southern Di!ltricts of Florida; U.S, Court of Appeals.
Fifth Circuit. Education: St. Peter's College; New York University
(B. A" 1956); University of Florida (J ,0,. 1967. replaced LL.B..
conferred, 1962). Phi Alpha Delta, Associate Professor. Business
Law. Jacksonville University, 1967-1969, City Attorney. Baldwin,
Florida. 1965-1975. Arbitrator. National Association of Securities
Dealers, 1987-, Member: South Palm Beach and Palm, Beach
County Bar Associations; The Florida Bar (Member, .Trial Prac.
tice Section); The Association of. Trial Lawyers of America; Flor.
ida Academy of Trial Lawyers, (Also practicing individually at
same address), -(Trial Practice-Gener~J) ", '
. Approved Areas of PractIce under the Florida Desisnation Plan I
REPRESENTATIVE CLIENTS: Eastland Development Corp.; First Building I
Corporation 01 Florida; Glades Plaza; Gel Development Corporation; Defray
Harbour Club; Walter E. Heller & Company Southeast; o~ey Industrtes
(Canada); West Indles Really Ltd. (Turks & Calcos ISlands): clean U,S.A..
Inc.; Atlanlle Cantre; Development Financlal Consultants (England); Tower &
Shoppes At The Sanctuary; Glades.St. Andrews Professlona' Center; Boca
land and Development Corp.; Boca Highland Center AssoclaUon. Inc.; FIrst
American Bank & Trust; Boca Bank; Sun Bank/SouthFlorlda. N,A.; Newport
Bay Club; Natapow Properties. Inc.
REFERENCES: Sun Bank/South Florida. N.A.; Attorneys Title Insurance
Fund; Chicago Title Insurance Co.; industrial Valley Tille Insurance Co.: Com.
LISTICK " KRALL, P.A. monweallh TIlle InsurllnC8 Co.; Barclays Bank International Ltd.; Arst Ameri-
can Bank & Trust. '
616 EAST ATLANTIC AVENUE
]JELRA Y BEACH, FLORIDA .13483
1'elepllOlle: 407-276-7424
Palm Beach: 659-7.537
Broward 428-0343
Real E,~'ate. Wifls alld Trusts. Estate PlallII illg, Probate. Federal
Taxatioll alld IlIternatiOllal Taxation. Condomillium Law, Corpo-
rate Law. Commercial Litigation and PersorlQl Injury Law,
MICIIAEL M. L1STlCK. born Chicago. Illinois. August 20. 1940;
admitted to hal', 1965. Illinois and U,S. District Court. Northern
District 01 Illinois; 1967. Florida. Educatioll: University of Illinois
(\J.S.. 1962); Northwestern University 0.0., 1965). Member: Chi-
cago. Paint Beach County. South Palm Beach County (Chairman.
Realtor Accord COl11mittee. 1979) and American Bar Associa-
tions; The Florida Bar (Member. Real Property. Probate and
Trust Law Section).
MARK L. KRAU, born Milwaukee. Wisconsin. May 3. 1957;
admilled to bar. 1982. Florida; 1987, U.S. Tall Court. Education:
University 01 Miami (B.B.A.. magna cum laude. Accounting,
1978: LL.M.. Taxation. 1982); Nova University (J.D.. 198\). Beta
Alpha Psi; Beta Gamma Sigma. Author. Articles: "IRS Access to
Accountant's Work Papers." University of Miami. 1982; "The For-
eign Investors in Real Property Tax Act. an Overview," Price Wa-
terhouse. Miami. Florida. 1983. Member. Boca Raton Estate
Planning Cnuncel. Member. Board of Directors. United Way of
South Palm Deach County. 1985-. Chairman. Conservation Task
Force. Comprehensive Plan for the City of Delray Beach. Florida.
1988-. Member: Palm Beach County and American Bar Associa-
tions; The Florida Bar. -(Taxation, Real Property Law and Cor-
poration and Business Law)
OF COUNSEL
MIClIAEL S. S IEINER. born Baltimore. Maryland. January 8.
1956; admilled to bar. 1981, Florida; IQ82. U.S, Tax Court. U,S.
Claims Court. U.S. Court of Appeals. Eleventh and Fifth Circuits
and U.S. District Court. Southern District of Florida. Education:
University 01 South Florida (B,A.. magna cum laude. 1977); Nova
University (1. D.. cum laude. 198\); University of Miami (LL.M,.
in Taxation. I (82). Phi Kappa Phi; Bela Gamma Sigma; Phi Delta
Phi. Member. Nova Law Review. 1980-1981. Recipient. American
Jurisprudence Awards: Contracts. UCC-Sales; Family Law, Au-
thor. "Interest Free Loans," University of Miami. 1982. Member:
Palm Beach County. South Palm Beach County and American
Bar Associations; The Florida Bar (Member. Sections on: Tax;
Fa, .,igllificonce of Fielcfs of l.aw in biograplrical .f
I
CITY OF DELRAY BEACH I2v- 6/22/rU
BOARD MEMBER APPLICATION
NAME Jon R. Levinson
943 Evergreen Drive, Del ray Beach, 33483
HOME ADDRESS (Street, City, lip Code) (LEGAL RESIDENCE)
1356 N.W. 2nd Avenue, Boca Raton, 33432
PRI~CIPAL BUSI~ESS ADDRESS ~Street, City, Zip Code)
HOME PHONE 27?-0349 BUSINESS PHONE 392-3322
ON WHAT BOARDS ARE YOU I~TERESTED I~ SERVING
P & Z, Board of Adjustment, Site Plan Review and Appearance
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOrSLY
SERVED (Please include dates)
Board of Adjustment June 1990 - Present
EDUCATIONAL QUALIFICATIONS See Resume
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS ~~ LICENSES WHICH YOU HOLD
See Resume
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, ~~D POSITION
Engineered Air - President
REL Enterprises, Inc. - President
DESCRIBE EXPERIE~CES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
Accounting and finance background
Contractor and developer experience
Father
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TReE, A~D I AGREE A..'iD
UNDERST~~D THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAI~ED I~ THIS APPLICA-
TION MAY CAUSE ORFEITURE UPON MY PART OF ANY APPOINTME~T I MAY RECEIVE.
)
'-
Augus t 20, 1990
DATE
4/90
I
" I
JON R. LEVINSON
943 Evergreen Drive
Delray Beach, FL 33483
(407) 272-0349
OCCUPATION President -Engineered Air, Fort Lauderdale, FL
Air Conditioning Contractor
President -REL Enterprises, Inc. , Boca Raton, FL
Owner and Operator of:
Holiday Inn Pompano Beach Directly
on the Ocean
Holiday Inn Fort Lauderdale West Hotel
& Conference Center;
Sheraton of Boca Raton
EDUCATION Jacksonville University, Jacksonville, FL
B.S. Accounting - 1971
PROFESSIONAL Florida Class A Air Conditioning Contractor
LICENCES
PRESENT Member Florida Governor's Education Summit - November 1989
AFFILIATIONS Co-Chair Workforce Work Group Governor's Education
4/90 Summit - November 1989
Member of the Governor's Select Committee - Florida
Workforce 2000
Chairman, Education Sub Committee of Governor's Select
Committee - Florida Workforce 2000
Member of the Governor's Florida High Technology and
Industry Council Committee on Secondary School
Vocational Education
Member Florida Council for Education and Employment
of Women and Girls
Member Board of Directors, International Association of
Holiday Inns, Inc.
Chairman of International Association of Holiday Inns,
INN-PAC Political Action/Governmental Affairs Committee
Chairman International Association of Holiday Inns
Audit and Administration Committee
Member of International Association of Holiday Inns,
Marketing & Advertising National Committee
Member, Board of Directors, Holiday Inns of Florida
Hotel Marketing Association
Member 1990 Palm Beach County Schools Strategic
Planning Committee
.
Jon R. Levinson
Page 2 of 4
4/90
Member of Education Task Force of Greater Ft.
Lauderdale Chamber of Commerce
Member of Ambassadors Task Force of Greater Ft.
Lauderdale Chamber of Commerce
Member Board of Trustees of Greater Ft. Lauderdale
Chamber Political Action Committee
Member Advisory Board of Directors - Leadership Broward
Member of Board of Directors - The Discovery Center
Chairman, Discovery Center - Marketing Committee
Member Junior League of Fort Lauderdale - Community
Advisory Council
Member of Florida Hotel & Motel Association, Governmental
Affairs Committee
Member Broward Community College Hospitality School
Advisory Committee
Member Nova University Hospitality School Advisory
Committee
Member of Board of Directors, DEL-PAC - Delray Business
Leaders Political Action Committee
Member Operations Committee, Temple Beth El - Boca Raton
Member Leadership Florida Alumni
Member of Tower Club of Fort Lauderdale
Member of Alpha Micro Users Society
Lecturer - Small Business Development Center
Listed in "Who's Who in the South and Southwest"
Listed in "Outstanding Young Men in America"
PAST Co-Chairman of International Association of Holiday
AFFILIATIONS Inns, Southeast Regional Committee
Chairman, International Association of Holiday Inns Hotel
Marketing Association Presidents Council
President of Holiday Inns of Florida Hotel Marketing
Association
Vice President of Holiday Inns of Florida Hotel Marketing
Association
Secretary/Treasurer of Holiday Inns of Florida Hotel
Marketing Association
Member of Board of Trustees of Greater Ft. Lauderdale
Chamber of Commerce
Vice President of Tourism, Conventions & Recreation of
Greater Ft. Lauderdale Chamber of Commerce
.
J
Jon R. Levinson
Page 3 of 4
4/90
Member of Tourism/Convention Task Force of Greater Ft.
Lauderdale. Chamber of Commerce
Chairman Education Task Force of Greater Ft. Lauderdale
Chamber of Commerce
Finance Chairman of Board of Trustees of Greater Ft.
Lauderdale Chamber of Commerce---political Action
Committee
Member of Executive Committee of Greater Ft. Lauderdale
Chamber of Commerce
Treasurer of Greater Ft. Lauderdale Chamber of Commerce
Chairman of West Broward Div. Greater Ft. Lauderdale
Chamber of Commerce
Vice President-Area Councils, Greater Ft. Lauderdale
Chamber of Commerce
Chairman-Consumer Services Task Force, Greater Ft.
Lauderdale Chamber of Commerce
Member of Long Range Planning Committee, Greater Ft.
Lauderdale Chamber of Commerce
Member of Reaccrediation Committee, Greater Ft.
Lauderdale Chamber of Commerce
Member of Blue Ribbon Panel - Ft. Lauderdale Airport
Courtesy Project
Member of Board of Directors - American Cancer Society,
Broward Co. Unit
Chairman, Individual Gifts Committee - American Cancer
Society
Graduate of Leadership Florida VII 1988-1989
Chairman of Leadership Broward IV
Co-Chairman of Leadership Broward III
Member of Board of Directors of Junior Achievement
Member of Junior Achievement Project Business Advisory
Board
Consultant - Junior Achievement Project Business
Member of Executive Committee of Junior Achievement
Member Jr. Ambassadors Advisory Committee, Broward
County School Board
Treasurer of The Discovery Center
Member of Board of Directors of Commerce Club of Ft.
Lauderdale
Chairman of Board of Directors of Commerce Club of Ft.
Lauderdale
President of Commerce Club of Ft. Lauderdale
Vice President of Commerce Club of Ft. Lauderdale
Member of Boca Raton Jaycee1s
President of Boca Raton Youth Baseball/Softball Association
President of Boca Village Homeowner's Association
,
Jon R. Levinson
Page 4 of 4
4/90
Chairman of Educational Council of Unity School, Delray
Beach, FL -.
Treasurer of Unity School Endowment Fund of Unity
School, Delray Beach, FL
Member of International Association of Hospitality
Accountants
Director of National Association of Accountants
Member of National Association of Accountants
PERSONAL Married 1976, wife Lori
Three daughters - Loren, Jamie, Jodi
Has lived in Delray Beach, Florida for the last 10 years
and in Palm Beach County, Florida for the last 19 years.
!.
I
/ CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME ~ G. &6.CG~
~e aJo'C'\ ~ ~FL
HOME ADDRESS (Street, City, Zip Code) (r::E AL RESIDENCE)
C;CC N.~L- HUH. ~~
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE ~a. OO~p BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING e.A,e ') JD DF~I""'.
~I)OF~~. a;oe ElNFUIll5MeNT 11).
~t-II~ AN" 7DNlNe ~O)
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) kA~N~ C;"...... 8C) OF IVAJJ9rMArr
EDUCATIONAL QUALIFICATIONS UNlV. ~H <!:F ~~ .~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
R&4i;. Att:=Hl"TECr . GM!IN~~ ~, '-'C. '""18 I'J...~~.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
~ · SMA-ofet)
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD tN S~ P\.. A~ 6.Q ~
~rlW& ~~ .GR!N. ~
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~ ~8",lt::f ~O
DATE 4/90
~
~
l
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME 6eJJr/ C~
- 51 L .- o71J- L""'" - ^-
-!:::> J C - ~ ~, J .v l::.~,.4Y
PRINCIPAL BUSINESS ADDRESS (Street, City. Zip Code)
HOME PHONE 4#q - qC;g3 BUSINESS PHONE 2A:~- /(H4
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING AeA< H AJ~)t.
161-1CE-/.G~L 6}) Qr ~V!5~ " BOQr J. o-f AdJ~Jst"'e ,,--t
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
.4/QA/~
EDUCATIONAL QUALIFICATIONS 46 -- ~6 '
Ai~l1- h--v~~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
-'
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ~~~~~~~~~~C-
l)c~~J'iJ~~6IrW."1'- ~ - {'/<t!bIJ ~'v'IEJt/
I '
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD _ ~ ~
6:C~ ;r--~j__~J.bj~4Lh-O 4i . "-'-f.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
&idr~ ~; ~~,/tJqD
SIGNA . DATE-'
4/90
./EFHf:CJIVI: "'-
/.i.~~:~'~.:. II/a . I
Resume of
SCOTT CHARLES BECHTLE
Pablo Point Born: December 22, 1950
13638 Cardona Drive Beight: 6'l" Weight: 178 Ibs.
Jacksonville, FL 32225 Excellent Health
(904) 246-8558
OBJECTIVE: Seeking a permanent alliance with a progressive firm which can
profit from my aggressive efforts in the area of financial
administration and reporting systems.
-
EDUCATION: ~NMOUTH COLLEGE, West Long Br~~~Nev Jersey 07764
Master of Business Administration (H.B.A), May 1975
Emphasis on Accounting and Financial Management
Bonors Graduate
WAYh~SBURG COLLEGE. Waynesburg. Pennsylvania 15370
Bachelor of Science in Business Administration - Accounting. May 1973.
Member, Alpha Kappa Psi (National Honors Business Fraternity)
Treasurer, Phi Sigma Kappa Vice President, Inter-Fraternity Council.
EXPERIENCE: STATE OF FLORIDA - DEPARTMENT OF INSURANCE
Tallahassee, Florida 3230l
June' Position: Assistant Chief Examiner
1985 Acting Chief Examiner (4-l-86)
to Maintain full regulatory authority in the administration of Florida .-
pw,,:,,~an'" Insurance Laws relating to licensing, supervision and financial
~ examination of .some 1500 insurers. Coordinate countrywide solvency
monitoring of all authorized, surplus lines, and reinsurers. Super-
vise assignment and review of examination/audit process activities
as NAIC southeastern zone secretary. Directly responsible for
coordination of certificate of authority application process.
Responsible for the compilation of the Department's Annual Report.
Developed a comprehensive in-house financial/auditing training
program. Represent the Department in official meetings dealing
with insurance industry, regulatory and legislative matters.
Work closely with all divisions of the NAIC~th special interest
in task involvement for statutory reporting, asset valuation,
actuarial reserving, reinsurance and solvency in general. Implemented
an automated system of analysis of financial condition and. statutory
compliance. Supervise and conduct investigative hearings regarding
statutory violations. Supervise in excess of lOa employees in three -.
functional areas.
ENGINEERING AND PROFESSIONAL SERVICES INCORPORATED
Shrewsbury, New Jersey OnOl
January Position: Vice President-Finance
1984 Had full responsibility for all financial reporting functions.
to Totally directed all budgeting and strategic planning operations
October and reported directly to and assisted the president in a majority
1984 of operations policy. Implemented a contract monitoring system for
. ~
~
.
key ~actor studies and Statement of Work (SOW) adherance to re-
quirements. Responsibilities include all accounting and tax
report preparation, contract proposal enhancement, and overall
corporate administration. This was a one year consultant
agreement contract with a prior employer.
CINEMA 'N' DRAFTHOUSE, INC.
Jacksonville, Florida 322ll
June Position: President
1981 Operated one of the most profitable movie theatre/restaurant
to combination franchise operations nationally. Responsible for all
September profit and loss accountability, strategic planning and administra-
1985 tive operations. A truly unique and often copied concept, expansion
was underway in both the Northeast and Florida markets. All interests
relinquished October I, 1985.
THE CHARTER COMPANY
CHARTER SECURITY LIFE, Charter Insurance Group, Inc.
Jacksonville, Florida 32202
October Position: Vice President/Director of Finance and Budgeting
1980 Responsible for all financial reporting aspects of the holding
to company directly supervising full control of nine subsidiaries
March including Charter Security Life Insurance Co. Was instrumental
1982 in profitability studies relating to new product development,
as well as the corporate budgeting process culminating with
the Annual Plan. Was a keynote contributor in the year end
planning and presentation of Board of Directors reports.
Administered monthly financial report presentations of all
subsidiaries and provided executive management studies. Fre-
quently undertook special projects including quarterly operational
reviews and management reports systems (MRS). Participated
actively in aggressive acquisition procurements. Demonstrated
strong technical proficiency in a "take charge" environment while
adhering to a rigidly structured schedule.
THE PLANNING RESEARCH CORPORATION, Ft. Monmouth, New Jersey and
McLean, Virginia
March Position: Configuration Management Administrator
1979 Responsible for Planning and Contract Support for the Joint
to Interface Task Force Commander of the Joint Interoperability of
October Tactical Command and Control Systems (JITF-JINTACCS). Provided
1980 overall direction for planning test conduct, and measurement
- evaluation for achievement of Compatibility and Interoperability
of the Military Services ina tactical environment. Supervised
automation for monitoring and reporting of test compliance, results
and subsequent recommendations to the Department of Defense (000) and
various National Security Agencies as to test effectiveness.
Additionally restructured and implemented a fully automated financial
reporting system for contract adherence which was subsequently adopted
by the Defense Contract Audit Agency (DCAA). Maintained an extensive
client interface as direct liaison with the Joint Service Office.
. . Nature of work was sensitive to National security and held a security
~ level at or above TOP SECRET.
'"
I
i
.
PRUD~NTIAL PROPERTY AND CASUALTY INSURANCE COMPANY
Corporate Office, Homdel, New Jersey 07733
February Position: Senior Financial Planning Analyst
1977 Responsible for complete administration and coordination of the
to Annual Plan, projecting in excess of $800 million premium volume.
March Directed development, compilation, and implementation of all financial
1979 planning guidelines which determined final profit and loss projection
results. Responsibilities included administration of accounting
functions, ratio analyses, evaluation of agent efficiencies, initiation
of sales and market research studies and long range forecasting.
Possess in depth knowledge of claims, underwriting operations, and
financial management procedures through self-initiated departmental
rotations. Excellent oral and written communication skills with all
executive levels. Successfully conducted management conferences
and participated actively in various Board of Directors presentations.
SHREWSBURY MOTORS, INC., Shrewsbury, New Jersey 07701
Volkswagen of America/World-Wide Volkswagen Corporation
June Position: Controller
1973 Responsible for complete financial management and general accounting
to functions. Supervised full financial statement preparation and
February analyses. Restructured and implemented budgeting techniques, sales
1977 forecasting, and market trend strategies. Automated all financial
and inventory systems and received Commendation for Excellence
in Business Management, 1975 and 1976, from World-Wide Volkswagen
Corporation, Volkswagen of America, Inc.
BROOKDALE COMMUNITY COLLEGE, Lincroft, New Jersey 07738
June Position: Associate Professor (Part-Time Evenings)
1976 Curriculum: Accounting, Business Management and Economics
to
1980
COMMENT: Personable and energetic. Excellent oral and written communication
skills.
REFERENCES: Promptly furnished upon request.
-'-
.
- \....-1 & . :Jj>'/ro
--
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME _ HI A ;:- VI K [;> K() '7 c;
-- -
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
/62/ /IJ /~71T !/iE, (!,~ /'10. ))Et-/(!7Y'ht..-fC!f h, ...,"'? v:-
7~V J
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP /
-------- -
27R- o9~/f'
HOME PHONE BUSINESS PHONE
ON WHAT BO(RDS ARE YOU INTERESTED IN SERVING l-tu~ct ~ ~ 't' ,\(1-1" l () Y\ '1 \
ere - -'i.2..;;/~) r /.-~/ /to) r- or-
- .-- .-----
LIST ALL CITY BOARDS ON WHICH YQU ARE C~RRENTLY~ERVING OR HAVE PRE~IOUSLY
SER~D (Please include date~) (P, (//J, .c, ,c/2 y/ e 'c_ Ilcjf~ - 14,(<;, -
l I (!/1: C#' /Z , C.I/ t /;:- ~ '(',.4-1 .' / // <yo rL _
- -
~ '
EDUCATIONAL QUALIFICATIONS ' (! (:C- f.iJ- t( -
-- -
-- ------.--
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
------.-- - -
------ --
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION hPF/~:>P~ cf,,-
1// /? ft 7'~~__{"~,~7fi'<'cr k' .~
-r/ .A/ /)/' .; T K/ /.) I. /? 'f { ,p 7/ C>"~ "/ /':-' (;' /:'/ _
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
T~. BOARD. -L.~ ,'('f /9,.,g., /,A/ /' -(' /Z 5~ 4'<;.(/ ti~~- ,pc',t;T/? /~? ( "
.::....y L ,/.? ;r> C' ~ S' -
-- ------
PLEASE ATTACH A BRIEF RESUME.
.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MA TERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
~h -- -----~~~---------
DATE
.
C~TY OF DEL RAY BEACH . ,\0
BOARD MEMBER APPLICATION ~ q-
rn ~lI'C S- k e.f'- v-J ~:' ~
NAME
;).lff 0 Tu.N;f€~ Or.;ve.j 0e1""1 ~ch, 33l.f-trS-
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
~Me..
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
~.'t3. - crttt-/ S~ -e.
HOME PHONE BUSINESS PHONE
~ /d~~~<7
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) NoN~
QUALIFICATIONS "f SC;-e.Nce I/'J e.$'CM("C~ ;11 GI1TT:
"rJ f'~ Ve V"'4 ( wcv-k:.s c
.J LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
NcN"L
AND POSITION p,J,...., f]aJ... C~/
f
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
t4'-L ~ ~J J .. 7- 10
DATE
SIG TURE
.-.
i
-
MARC JONATHAN SHEPARD
9 Southern Cross Circle #204
Boynton Beach, Florida 33436
Home: (407) 738-5997 1/89
OBJECTIVE
A career as a professional educator
EDUCATION
FLORIDA ATLANTIC UNIVERSITY COLLEGE of BUSINESS and PUBLIC ADMINISTRATION
Bachelor of Science, Human Resource Management, Boca Raton, Florida,
December 1987, GPA 3.75/4.0 (Major)
RELATED EXPERIENCE
Sunday School Instructor, Boca Raton, Florida, 9/87 to 5/88
Tennis Instructor, Kankakee, Illinois, Summers of 79,81, and 82
OTHER EXPERIENCE
....
Independent Study/Personnel Research, supervised by Dr. H. John Bernardin,
Director of Research, College of Business, FAU, 11/86 to 12/87
Student Intern in Employee Relations, Motorola, Inc., Boynton Beach,
Florida, 1/87 to 4/87
Student Intern in Employee Relations, City of West Palm Beach,
West Palm Beach, Florida, 12/86 and 3/87
ACHIEVEMENTS
Earned scholarship for my efforts as President of Student Association
for Management and Personnel Administration, SAMPA, 12/87
Moderated "Panel of Personnel Managers", 100+ attendance, 11/86
Generated $150,000 in sales for Sears Roebuck & Company, Boston,
Massachusetts, 6/84 to 1/85
REFERENCES AVAILABLE UPON REQUEST
,
.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Sld.,,^e~ s. S 0 i.o-w~
NAME
l &~~ }\\..LO, \~ ~~. CbJo~ Det~-e~ :,~4'~.r
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESI NCE)
) N~
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
-
~1~-11t~ S aAA~
HOME PHONE BUSINESS PHONE
ON WHA~RDS ARE YOU IlERE~ED ~~JERV{~G JI~~Y\.IV\~ (A.~ ).C>M\\1
~~..- D("~ CU> D Lt ~ ..e
YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
\-a..~"'-~ C~W\.M\ ~~~ i:3 Q~t\
c:a.~ \ ~ CM' ~ B~ - , _
EDUCATIONAL QUALIFICATIONS ~~~~~(
-
-
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
- ----~~~j ~
--.----
GIVE YOUR PRESE~T, ~MOST RECENT EMPLOYER, AND POSITION
~~ \<'r_ C!-~~~~
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. ~1~ 0" ~ }o."'~~'1 't'" )..OVlw~~ ~O~.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
k~G':1T ---- _j,J~_________
DATE
I
I
.
/ '1/ ::J 1\ -/ j.-
CC: CITY COMr-lISSION
CITY CLERK
Mr. James Pennington ,~
1!qJ 9-~1?/1
City Manager
Delray Beach City Hall
Delray Beach,Fl. 33445 ~r~
Dear Mr. penninqton: Jf
I hereby request that I be considered for any future vacancy that
may become available on the Delray Beach Code Enforcement Board or
Board of Adjustment.
My background includes-:-- employment in both private industry and
the D.S.Government. I \-las employed by the Brillo Mfg. Co. ,
Brooklyn, N.Y.for 29 years ,.,here I advanced to Production Manager,
a position I held for 15 years. At Brillo,I supervised 6 engineers,
a machine shop staff of 40men, a shipping and receiving department
of 25, 43 supervisory personnel and a production force of 500
employees.
I was later employed by the US Governmnet as an Efficiency Expert
&performing Method,Time , and Motion Studies for the Defense Contract
Administration Services, Ne,., York Reg i on.
I subsequently transferred ,vi thin the Dept. of Defense to the
Production Dept.as an Industrial Specialist. My function was to visit
facilities working on Government contracts to ascertain their
capability to manufacture and deliver per contract. I lIas responsible
for uncovering fraud in nine different corporations which ultimately
resulted in their prosecution and in several cases the termination
of their business by the Government.
As recently as August 1986 I \.;as subpoenaed by the US District
Attorney to testify on behalf of the Government.
I moved to Rainberry Bay in Delray Beach from East Meadov N.Y. in
June 1985. I was nominated and elected to the Board of Directors
of Rainberry Bay in March 1987. One of my areas of responsibility
on the Board includes giving Architectural approval for any changes
to ~e exterior of the homes in Rainberry Bay provided the plans
meet the regulations and permits of the city of Delray Beach.
I feel that my experience and expertise and my interest in serving
the community will be beneficial to the City of Belray Beach.
~erelY YO~
' ,.tZ~L ~
/BEN~MIN C. WARREN
2 3-5'5 NW 14th Street
tlelray Beach Fl.
(Rainberry Bay)
-
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # <1! APPOINTMENT OF MEMBERS TO THE BOARD
OF CONSTRUCTION APPEALS
DATE: AUGUST 24, 1990
This item is before you for appointment of nine regular members
to reconstitute the Board of Construction Appeals. As you know,
concurrent with adoption of the Land Development Regulations,
this board was dissolved and, therefore, all current memberships
were terminated. Prior to adoption of the Land Development
Regulations, the following members served on the Board of Con-
struction Appeals.
Sam DeOto - General Contractor
Jay FeIner - General Contractor
Robert Currie - Architect
H. Deane Ellis - Air Conditioning Contractor
Richard M. Oldham - Sign Contractor
William Koch III - Real Estate Broker
Richard Sheremeta - Engineer P.E.
The master plumber and master electrician positions were vacant.
These members were notified of the pending dissolution of this
advisory board and that they could reapply for appointment to
this or any other advisory board. We received applications from:
William Koch III
Richard M. Oldham
Sam DeOto
Jay FeIner
John G. Baccari
In accordance with the rotation system adopted as part of the
Commission's "Local Rules", appointments to the Board of
Construction Appeals will be as follows:
. ~
Seat 2 - one general contractor to a one year term and one
air conditioning contractor to a 2 year term
Seat 3 - one master plumber to a one year term and one sign
contractor to a two year term
Seat 4 - one architect to a one year term and one real
estate/insurance broker to a two year term
Seat 5 - one general contractor to a two year term and one
professional engineer to a two year term
Seat 1 - one master electrician to a two year term
Recommend appointment of one general contractor, one master
plumber and one architect to a one year term; and one sign
contractor, one real estate/insurance broker, one professional
engineer, one master electrician, one general contractor and one
air conditioning contractor to a two year term on the Board of
Construction Appeals.
.
. ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #qA - MEETING OF AUGUST 28, 1990
INTERLOCAL AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY
DATE: August 24, 1990
This proposed interlocal agreement between the City and Palm Beach
County provides for the distribution of the proposed one-half percent
"Local Government Infrastructure Surtax". This agreement provides
that if the voters of Palm Beach County approve the Surtax, the
proceeds will be collected by the Florida Department of Revenue and
distributed monthly to the Board of County Commissioners to be used to
finance, plan, acquire, improve, and construct court, jail, and
related Criminal Justice Facilities.
Any surplus Surtax proceeds would be distributed to the County and
Cities according to Florida Statutes. Florida Statutes provide that
the distribution formula for Delray Beach would be computed by
dividing the population of Delray by the sum of the total county
population plus 2/3 of the incorporated area population. This is a
five year agreement which will run concurrently with the levy of the
surtax.
According to Palm Beach County execution of this interlocal agreement
will allow them to place this issue on the ballot in November. It
should be noted however, that neither the proposed County Ordinance
nor the interlocal agreement address the issue of how the County will
use the money which could be freed up if this tax is approved by the
voters.
Recommend consideration of an interlocal agreement between the City
and Palm Beach County.
. Boai'd of County Commissioners County Administrator
Carol J. Elmquist, Chairman Jan Winters
--..- -.,..
Karen T. Marcus, Vice Chair ~~~~
Carol A. Roberts :\1 cC: '--/' ~ ~ ~ ~ [Q) ,;
Carole Phillips 1,00 1 7 SJ I
Ron Howard
I
j 1
"...
.,;"
August 13, 1990
Mayor Thomas E. Lynch
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
Dear Mayor Lynch:
I want to thank you and your fellow council members for approving
the Interlocal Agreement with the County allowing us to use the
revenues from the local option sales tax to fund the Court and Jail
Facilities.
Your support of the interlocal agreement will allow us to place
before the voters a funding mechanism for the Court and Jail
facilities which will save $190 million. with voter approval of
the sales tax, monies currently budgeted for bond repayment in 1991
can be redirected to other criminal justice programs. The Board of
County Commissioners, at their July 31, 1990 meeting, committed to
working with the Criminal Justice Commission to identify and fund
new drug intervention/prevention and treatment programs.
Additionally, the Board of County Commissioners directed the County
Administrator to begin meeting with the municipalities to reach an
agreement on the extension of the gas tax split. I have listened
to your comments and I agree - it is imperative that the county and
the municipalities work together in cooperation to meet our present
and future challenges.
Enclosed, are two copies of the Interlocal Agreement for adoption
and execution. Please return the signed agreements to the County
Administrators Office, 301 North Olive Avenue, West Palm Beach, FL
33401. Upon execution by Palm Beach County, one copy will be
returned to you. Please note that on Page 2, section LB. the
reference to "Court, Jail, and related Facilities" has been
clarified by including the phrase "as defined in the County
ordinance levying the surtax". A copy of the proposed ordinance,
which is scheduled for adoption September 4, 1990, is also
enclosed.
Sincerely,
.~ t
t i ~
~ft Zjh'-W
CHAIRMAN CARQ /J. ELMQUIST
Board of Coun~y Commissioners
.. An Equal Opportunity - :\ffirmative ,-\ction Employer"
BOX 1989 WEST PALM BEACH, FLORIDA 33402-1989
'/It
AB ORDIDIICB 01' DB BOUD 01' COmITY
COJIIlISSIOItD8 01' PALM BDCH COUll'l'Y, I'LoaID~,
LIIVYIIIG ~ DISCRBTIODRY SALBS SUR'rU, StJBJBCT
'r0 APPROVAL 01' ~ MAJORITY 01' DB BLBCTORS 01'
PALII BDCH COUll'l'Y 1M ~ RBJ'UDfDUX PURSOlUl'r 'r0
SBCTIOII 212.055(2), I'LORID~ S'r~'rO'rBS, III DB
AXOUll'l' 01' On-HALl' PUCDI'l' I'OR ~ PUIOD 01'
PIn (5) YBUS 'r0 I'IDIICB CBR'rAIII
IIII'RAS'rROC'rURB; PROVIDIIIG DBI'IIII'rIOIIS;
BS'rABLISBIIIG ~ RBpBRBIIDUX D~'rB; PROVIDIIIG pOR
BALLO'r L~IIGUAGB; ~U'rBORIZIIIG LBG~L
ADVD'rXSBKBll'l'S; PROVIDIIIG I'OR DB OSB 01' DB
PROCBBDS 01' SAID 'rUt PROVIDIIIG pOR 'rlIB
ALLOCA'rIOII 01' DB PROCBBDS 01' S~ID TU;
PROVIDIIIG AB BPJ'Bc'un D~'rB; PROVIDIIIG pOR
SBVBRABILITY; PROVIDIIIG I'OR TBRRI'rORY
BKBRACBD.
WBBRBAS, Section 212.055 (2) , Florida Statutes, authorizes
the governing body of Palm Beach County to levy by Ordinance a
discretionary sales surtax of one-half perce~t or (1/2\) throughout
Palm Beach County, Florida, sUbject to referendum approval, to
finance, plan, acquire, improve and construct infrastructure; and
WBBRBAS , there exists a great need on the part of Palm
Beach County and the municipalities within Palm Beach County to
finance, plan, acquire, improve and construct new Court, Jail, and
related Criminal Justice Facilities; and
WBBRDS , the Palm Beach County Board of Count
Commissioners wishes to impose such a sales surtax, the proceeds of
which shall be used to finance, plan, acquire, improve and
construct new Court, Jail, and related Criminal Justice Facilities.
110., DBRBpORB, BB IT ORD~InD by the Board of County
Commissioners of Palm Beach County, Florida, that:
1- DBI'IlfITIOlfS. a) "INFRASTRUCTURE" - means any fixed
capital expenditure or fixed capital costs associated with the
construction, reconstruction, or improvement of public facilities
which have a life expectancy of five or more years and any land
acquisition, land improvement, deslgn, and engineering costs
related thereto. D) "Court, Jail, and related Criminal Juatice
Facilities" means County or municipal judicial complexes,
courthouses, jails, juvenile and other detention facilities, and
law enforcement facilities.
2. On-HALl' PBRCBII'r SALBS SURTU LBVIBD. Subj ect to the
approval of a majority of the qualified electors of Palm Beach
County voting in the ref ~r.4!'ldum ~rovided for herein, there i..
~fI
hereby levied a one-half percent Local Government Infrastructure
Surtax on sales pursuant to section 212.055(2), Florida Statutes
for a period of five (5) years. The sales surtax authorized by
this Ordinance shall be effective from February 1, 1991, through
January 31, 1996, inclusive.
3. RIIPBRDfDOK. Pursuant to the applicable sections of
Florida Chapters 125 and 212, a referendum is hereby called and
shall be held on November 6, 1990 at which time there shall be
submitted to the electors of Palm Beach County, Florida, the
following question:
"OPPICIAL BALLO'!'
SPIICIAL RIIPBRDlDOX ELIICTION ON LOCAL
GOVBlU1XBJIT ONII-HALP PBRCBJIT SALliS SUR'1'U
NOVDBBR I, 1"0
SHALL PALX BDCK COUJl'l'Y ORDIDlfCB
NO. 90- BB APPROVBD, nICK
ORDINMlCB AUTHORIZIIS A on-BALJ'
(1/2) CBJIT SALliS '1'U POR PlVE (5)
YBARS ONLY '1'0 PIDlfCB, PUll ,
ACQUIRII, IXPROVB, AI1D CONSftUCT
COUR'1' , JAIL, AI1D RBLA'1'ED CRIXIDL
JUS'1'ICII PACILI'1'IBS P1JR8UU'l' '1'0
IN'1'IIRLOCAL AGRIIIIXIIN'1' WI'1'H
XlJIIICIPALI'1'IB8 IN PALX BDCK COUJl'l'Y
AI1D nICK '1'U SHALL BO LOBGD BB
IDOSIID OR COLLIICTED Arl'D JANUARY
31, 19911
POR the one-half oent .ale. taz
AGAINS'1' the one-half oent .ale. taz
... PUBLICA'1'ION OP RBPBRDlDOK. The Clerk of the Board
shall publish notice of the referendum in the manner required by
S100.342, Florida Statutes.
5. USII OP 'l'BII PROCIIIIDS OP '1'U. If approved, the
proceeds of said tax shall be used by palm Beach County pursuant to
th'3 provisions of Section 212.055, Florida Statutes, only to
finance, plan, acquire, improve, and construct new Court, Jail, and
related Criminal Justice Facilities as provided for by Interlocal
Agreement approved by the governing bodies of Palm Beach County and
said municipalities located within Palm Beach County representing
a majority of Palm Beach County's municipal population.
I. SBVBRABILI'1'Y. If any provision of this Ordinance is
held invalid, the invalidity shall not affect other provisions of
2 ':
the Ordinance which can be given effect without the invalid
provision or application, and to this end, the provisions of this
Ordinance are severable.
7. TBRRITORY IDIBR&t!BD. This Ordinance shall be
effective throughout both the unincorporated and incorporated
portions of Palm Beach County.
8. ZrrZCTIVB DATB or ORDIHAHCB.
A. This ordinance shall be effective only upon
receipt of official acknowledgement from the Department of State
that said Ordinance has been duly filed and upon approval by the
governing bodies of Palm Beach county and municipalities located
within Palm Beach County representing a majority of Palm Beach
County's municipal population of an Interlocal Agreement providing
for the distribution of the proceeds of the surtax levied pursuant
to this Ordinance.
B. The levy of the sales surtax proposed by this
Ordinance shall become effective February 1, 1991, only if approved
by a "yes" vote by a majority of those voting on the question posed
at the November 6, 1990, referendum. If a majority of those voting
on the question posed do not vote "yes", the proposed levy sha.
not be authorized and this Ordinance shall be deemed repealed
effective November 30, 1990.
APPROVBD AND ADOPTBD by the Board of County
Commissioners of Palm Beach County, Florida, on this day of
, 1990.
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
BY
Chairman
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
County Attorney
Acknowledgement by the Department of State of the State
of Florida, on this, the day of ,
3 "'0
1990.
EFFECTIVE DATE: Acknowledqement from the Department of
state received on the day of , 1990, at
.m., and filed in the Office of the Clerk of the Board of
county Commissioners of Palm Beach County, Florida.
4 "';
INTBlU.OCAL AGRBBKBJI'l'
THIS AGRBBKBBT made and entered into this
day of , 1990, by and between Palm Beach County,
a political subdivision of the State of Florida, hereinafter
referred to as the "COUNTY", and the Cities, municipal
corporations within Palm Beach County under the laws of the
state of Florida, hereinafter referred to as the "CITIES", as
follows:
. I T N B S S B T H:
WHEREAS , section 212.055(2) , Florida Statutes,
authorizes the COUNTY to impose, and the COUNTY proposes to
impose, a discretionary sales surtax of one-half percent
(1/2%) referred to in the title of said Section as the "Local
Government Infrastructure Surtax" ("Surtax"); and
WHEREAS, the Surtax is subject to a referendum
scheduled for November 6, 1990, in Palm Beach County, Florida;
and
WHBREAS , all parties desire to provide for the
distribution of the Surtax; and
WHBREAS , the proceeds of the Surtax may be
distributed pursuant to an Interlocal Agreement entered into
between the COUNTY and the CITIES representing a majority of
the county's municipal population; and
WHEREAS, all parties recognize that jail and court
facilities are countywide in nature, and benefit all of the
citizens of Palm Beach County; and
WHEREAS, this Interlocal Agreement is authorized by
the provisions of Section 163.01, Florida statutes, which
authorizes the cooperative exercise by agreement of two or
more public agencies of any power common to them.
WHEREAS, there is a general recognition that
legitimate capital needs other than court and jail facilities
.
1
remain unfunded, and the Board of County commissioners remains
willing to consider levying a discretionary sales tax in the
future to address these needs.
NOW, '!'HOBFORE, in consideration of the covenants
herein contained and other good and valuable consideration the
COUNTY and CITIES agree as follows:
section 1: LOCAL GOVB1UIXD1T INFRASTRUCTURE SURTAX.
If the voters of Palm Beach County approve the imposition of
the Surtax in Palm Beach County as evidenced by the results of
the countywide referendum on November 6, 1990:
A. During the term of this Interlocal Agreement,
the Surtax shall be collected by the Florida Department of
Revenue and the net proceeds thereof shall be distributed
monthly to the Board of County Commissioners for expenditure
in accordance with the terms of this Agreement; and
B. The Surtax net proceeds shall be expended by the
COUNTY to finance, plan, acquire, improve, and construct
Court, Jail and related Criminal Justice Facilities, as
defined in the County ordinance levying the surtax.
(1) Any surplus of the Surtax proceeds not
required to be expended for the purposes set forth herein
shall be distributed to the County and Cities according to the
formula provided in Section 218.62, Florida Statutes.
section 2: EXECUTION AND EFFECTIVE DATE. This
Interlocal Agreement may be signed in counterparts by the
parties hereto. This Interlocal Agreement shall take effect
upon the last date of execution by a party to this Interlocal
Agreement, but in no event later than September 4, 1990. This
Agreement shall automatically terminate in the event the
referendum on the Surtax to be held on November 6, 1990,
fails.
Section 3: SEVERABILITY. If any provision of this
Interlocal Agreement is held invalid, the invalidity shall not
affect other provisions of the Interlocal Agreement which can
be given effect without the invalid provision or application,
2
and to this end, the provisions of this Inter1oca1 Agreement
are severable.
S.C~iOD 4: TBRJI OJ' AGRJlIDUD1'1' . The term of this
Inter1oca1 Agreement shall run concurrently with the levy of
the Surtax, said levy being authorized for five (5) years from
February 1, 1991, until January 31, 1996, if said referendum
passes.
S.C~iOD 5: AlUDlDXD'rS TO AGRJlBIUDIT. This
Inter1oca1 Agreement may be amended, in writing, upon the
express formal consent of the governing bodies of all parties.
IT WITNBSS WHERBOJ', the parties to this Inter1oca1
Agreement have caused their names to be affixed hereto by the
proper officers thereof, as of the day and year first above
written.
ATTEST: PALM BEACH COUNTY, FLORIDA, BY
AND THROUGH ITS BOARD OF COUNTY
JOHN B. DUNKLE, CLERK COMMISSIONERS
BY: BY:
Deputy Clerk Chairman
ATTEST: CITY OJ' ATLANTIS
BY: BY:
City Clerk Mayor
ATTEST: CITY OJ' BBLLB GLADB
BY: BY:
City Clerk Mayor
ATTEST: CITY OJ' BOCA RATON
BY: BY:
City Clerk Mayor
ATTEST: CITY 01' BOYNTON BEACH
BY: BY:
City Clerk Mayor
ATTEST: CITY OJ' BRINY BRBBZBS
BY: BY:
City Clerk Mayor
.
3
ATTEST: CITY or CLOUD LAKB
BY: BY:
City Clerk Mayor
ATTEST: CITY or DBLRAY BBACH
BY: BY:
City Clerk Mayor
ATTEST: CITY or GLD RIDGB
BY: BY:
City Clerk Mayor
ATTEST: CITY OP GOLP
BY: BY:
City Clerk Mayor
ATTEST: CITY OP GOLPVIBW
BY: BY:
City Clerk Mayor
ATTEST: CITY OP GRBBHACRBS
BY: BY:
City Clerk Mayor
ATTEST: CITY OP GULP STRBAIl
BY: BY:
City Clerk Mayor
ATTEST: CITY OP BAVERBILL
BY: BY:
city Clerk Mayor
ATTEST: CITY OP HIGHLAND BBACH
BY: BY:
city Clerk Mayor
ATTEST: CITY OP BYPOLUXO
BY: BY:
City Clerk Mayor
ATTEST: CITY OP JUNO BBACH
BY: BY:
City Clerk Mayor
4
ATTEST: CITY 0., JUPITBll
BY: BY:
City Clerk Mayor
ATTEST: CITY 0., JUPITBll INLBT COLONY
BY: BY:
City Clerk Mayor
ATTEST: CITY 0., LAKB CLARKB SHORES
BY: BY:
City Clerk Mayor
ATTEST: CITY OP LAKB PARK
BY: BY:
City Clerk Mayor
ATTEST: CITY 0., LAKE WORTH
BY: BY:
City Clerk Mayor
ATTEST: CITY OP LAN'l'AHA
BY: BY:
City Clerk Mayor
ATTEST: CITY OP MAHALAPAH
BY: BY:
City Clerk Mayor
ATTEST: CITY OP MANGONIA PARK
BY: BY:
City Clerk Mayor
ATTEST: CITY OP NORTH PALM BEACH
BY: BY:
City Clerk Mayor
ATTEST: CITY OP OCEAN RIDGB
BY: BY:
City Clerk Mayor
5
.
ATTEST: TOn OF PALX BBACK
BY: BY:
City Clerk Mayor
ATTEST: CITY OF PALX BBACH GARDBJlS
BY: BY:
City Clerk Mayor
ATTEST: CITY OF PALX BBACK SHORES
BY: BY:
City Clerk Mayor
ATTEST: CITY OF PALX SPRINGS
BY: BY:
City Clerk Mayor
ATTEST: CITY OF RIVIERA BBACH
BY: BY:
City Clerk Mayor
ATTEST: CITY OF ROYAL PALX BBACH
BY: BY:
City Clerk Mayor
ATTEST: CITY OF SOO'l'B BAY
BY: BY:
City Clerk Mayor
ATTEST: CITY OF SOU'l'B PALX BBACH
BY: BY:
City Clerk Mayor
ATTEST: CITY OF TEQUESTA
BY: BY:
City Clerk Mayor
ATTEST: CITY OF WEST PALX BBACH
BY: BY:
City Clerk Mayor
6
INTERLOCAL AGRBBKBNT
THIS AGRBBKBNT made and entered into this
day of , 1990, by and between Palm Beach County,
a political subdivision of the state of Florida, hereinafter
referred to as the "COUNTY", and the Cities, municipal
corporations within Palm Beach County under the laws of the
state of Florida, hereinafter referred to as the "CITIES", as
follows:
. I T N B S S B T H:
1fHBRBAS, Section 212.055(2), Florida Statutes,
authorizes the COUNTY to impose, and the COUNTY proposes to
impose, a discretionary sales surtax of one-half percent
(1/2%) referred to in the title of said Section as the "Local
Government Infrastructure Surtax" ("Surtax"); and
1fHBRBAS , the Surtax is subject to a referendum
scheduled for November 6, 1990, in Palm Beach County, Florida;
and
1fHBRBAS, all parties desire to provide for the
distribution of the Surtax; and
1fHBRBAS , the proceeds of the Surtax may be
distributed pursuant to an Interlocal Agreement entered into
between the COUNTY and the CITIES representing a majority of
the County's municipal population; and
1fHBRBAS , all parties recognize that jail and court
facilities are countywide in nature, and benefit all of the
citizens of Palm Beach County; and
1fHDBAS, this Interlocal Agreement is authorized by
the provisions of Section 163.01, Florida Statutes, which
authorizes the cooperative exercise by agreement of two or
more public agencies of any power common to them.
1fHDBAS, there is a general recognition that
legitimate capital needs other than court and jail facilities
1
remain unfunded, and the Board of County Commissioners remains
willing to consider levying a discretionary sales tax in the
future to address these needs.
NOW, HOEPORE, in consideration of the covenants
herein contained and other good and valuable consideration the
COUNTY and CITIES agree as follows:
section 1: LOCAL GOVB1UIKD1T IJII'llASTRUCTURE SURTAX.
If the voters of Palm Beach County approve the imposition of
the Surtax in Palm Beach County as evidenced by the results of
the countywide referendum on November 6, 1990:
A. During the term of this Interlocal Agreement,
the Surtax shall be collected by the Florida Department of
Revenue and the net proceeds thereof shall be distributed
monthly to the Board of County Commissioners for expenditure
in accordance with the terms of this Agreement; and
B. The Surtax net proceeds shall be expended by the
COUNTY to finance, plan, acquire, improve, and construct
Court, Jail and related Criminal Justice Facilities, as
defined in the County ordinance levying the surtax.
(1) Any surplus of the Surtax proceeds not
required to be expended for the purposes set forth herein
shall be distributed to the county and Cities according to the
formula provided in Section 218.62, Florida Statutes.
section 2: EXECUTION AND EFFECTIVE DATE. This
Interlocal Agreement may be signed in counterparts by the
parties hereto. This Inter10ca1 Agreement shall take effect
upon the last date of execution by a party to this Inter10ca1
Agreement, but in no event later than September 4, 1990. This
Agreement shall automatically terminate in the event the
referendum on the Surtax to be held on November 6, 1990,
fails.
section 3: SEVERABILITY. If any provision of this
Interlocal Agreement is held invalid, the invalidity shall not
affect other provisions of the Inter10cal Agreement which can
be given effect without the invalid provision or application,
2
and to this end, the provisions of this Interlocal Agreement
are severable.
seotion 4: TBRX OJ' AGRBBIUD1'l' . The term of this
Interlocal Agreement shall run concurrently with the levy of
the Surtax, said levy being authorized for five (5) years from
February 1, 1991, until January 31, 1996, if said referendum
passes.
section 5: AIUDIDXBJI'1'S '1'0 AGRBBIUD1'l'. This
Interlocal Agreement may be amended, in writing, upon the
express formal consent of the governing bodies of all parties.
1'1' WITNESS WEERBOJ', the parties to this Interlocal
Agreement have caused their names to be affixed hereto by the
proper officers thereof, as of the day and year first above
written.
ATTEST: PALM BEACH COUNTY, FLORIDA, BY
AND THROUGH ITS BOARD OF COUNTY
JOHN B. DUNl(LE, CLERK COMMISSIONERS
BY: BY:
Deputy Clerk Chairman
ATTEST: CITY OJ' ATLAH'I'IS
BY: BY:
city Clerk Mayor
ATTEST: CITY OJ' BBLLB GLADB
BY: BY:
City Clerk Mayor
ATTEST: CITY OJ' BOCA RATON
BY: BY:
City Clerk Mayor
ATTEST: CITY OJ' BOYNTON BEACH
BY: BY:
City Clerk Mayor
ATTEST: CITY OJ' BRINY BREBZBS
BY: BY:
City Clerk Mayor
3
ATTEST: CITY OW CLOUD LAXB
BY: BY:
city Clerk Mayor
ATTEST: CITY OW DBLRAY BEACH
BY: BY:
City Clerk Mayor
ATTEST: CITY OW GLlDI RIDGB
BY: BY:
City Clerk Mayor
ATTEST: CITY OF GOLW
BY: BY:
City Clerk Mayor
ATTEST: CITY OF GOLFVIBW
BY: BY:
City Clerk Mayor
ATTEST: CITY OF GRBBNACRBS
BY: BY:
City Clerk Mayor
ATTEST: CITY OP GULW STRBAK
BY: BY:
City Clerk Mayor
ATTEST: CITY OF HAVBRBILL
BY: BY:
City Clerk Mayor
ATTEST: CITY OF HIGHLAND BEACH
BY: BY:
City Clerk Mayor
ATTEST: CITY OF HYPOLUXO
BY: BY:
City Clerk Mayor
ATTEST: CITY OF JUlfO BEACH
BY: BY:
City Clerk Mayor
4
ATTEST: CITY OJ' JU1tI'l'D
BY: BY:
City Clerk Mayor
ATTEST: CITY OJ' JU1tITD IBLBT COLONY
BY: BY:
City Clerk Mayor
ATTEST: CI'l'Y OJ' LAXB CLARKB SHORBS
BY: BY:
City Clerk Mayor
ATTEST: CI'l'Y OJ' LAXB PARK
BY: BY:
City Clerk Mayor
ATTEST: CITY OJ' LAXB WORTH
BY: BY:
City Clerk Mayor
ATTEST: CITY OJ' LAN'l'ANA
BY: BY:
City Clerk Mayor
ATTEST: CITY OJ' MANALAPAH
BY: BY:
City Clerk Mayor
ATTEST: CITY OJ' MANGONIA PARK
BY: BY:
City Clerk Mayor
ATTEST: CITY OJ' NORTH PALM BEACH
BY: BY:
City Clerk Mayor
ATTEST: CITY OJ' OCBAH RIDGS
BY: BY:
City Clerk Mayor
5
ATTEST: Ton or PALK BBACK
BY: BY:
City Clerk Mayor
ATTEST: CITY or PALK BBACK GDDDlS
BY: BY:
City Clerk Mayor
ATTEST: CITY or PALK BBACK SHOIlKS
BY: BY:
City Clerk Mayor
ATTEST: CITY or PALM SPIlINaS
BY: BY:
City Clerk Mayor
ATTEST: CITY or IlIVIBRA BBACK
BY: BY:
City Clerk Mayor
ATTEST: CITY or 1l0YAL PALK BBACK
BY: BY:
City Clerk Mayor
ATTEST: CITY or SOU'l'B BAY
BY: BY:
City Clerk Mayor
ATTEST: CITY or SOU'l'B PALK BBACK
BY: BY:
City Clerk Mayor
ATTEST: CITY or TBQUBSTA
BY: BY:
City Clerk Mayor
ATTEST: CITY or WBST PALM BBACK
BY: BY:
City Clerk Mayor
6
MEMORANDUM
TO: Honorable Mayor and City Commissioners
FROM: David T. Harden, City Manager~
SUBJECT: AGENDA ITEM #~ MEETING OF AUGUST 28, 1990
TENNIS TOURNAMENTS 33RD ANNUAL SUNSHINE CUP
AND 14TH ANNUAL MCB CONTINENTAL PLAYERS CUP
DATE: August 24, 1990
The sponsors of the 33rd Annual Sunshine Cup and 14th Annual MCB
Continental Players Cup would like to move the tournaments to the
International Tennis Center in Delray Beach this year. The dates of
the tournament are December 10-17, 1990. The sponsors are requesting a
contribution of $10,000 from the City to help defray the costs. The
MCB Continental Players Cup Tournament was held at Glen Eagle Country
Club in 1988 with City support, both financial ($10,000) and staff
support.
There is a balance of approximately $8,000 in City Commissioners
Special Events budget, account code 001-1111-511-33.81 and $11,000 in
the Commission Contingency budget, account code 001-1111-511-90.11.
This item was proposed in your FY '90 budget in the amount of $10,000
but was deleted when the sponsors withdrew their request last
September.
I recommend that Commission approve this request with funding to come
from the balance of the above accounts.
DTH:rab:kwg
-
Gerecter & Dubin Associates, Inc. I
I
John M. Gerecter . Brahm Dubin
Presidenl Vice Presidenl
August 23, 1990
!
Mr. Dave Harden
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
We are hereby requesting from the City of Delray Beach,
funding in the amount of $10,000.00, in regards to the 33rd
Annual Sunshine Cup and 14th Annual MCB Continental Players
Cup.
At present, we are scheduled to hold these two tournaments
simultaneously at the Veltri Tennis Center in Plantation.
It is our desire to relocate this internationally
recognized "Junior Davis Cup/Federation Cup" tournament to
the International Tennis Center located in Delray Beach.
We are very excited and proud to be able to offer our
City such a prestigious event.
Thanking you in advance for your cooperation, we remain
Cordially,
Gerecter & Dubin Associates, Inc.
.--~~ ~
Brahm Dubin
. Vice President
BD/bg
cc: Int. Ten. Pro. Inc.
[~~~!tSPONSOR MEMBER 94,/
800 Palm Trail. Delray Beach, Florida 33483, (407) 243-8008 . FAX (407) 243-8011
Gercctcr & Dubin Associates, Inc. ,
\
Jobn M..Gerecter . Brahm Dub
President Vice Presidt
FACTS
The.~3rd Sunshine Cup and 14th MCB Continental Players Cups
will be held at the Veltri Tennis Center in Plantation,
Florida, .in early December, 1990. The Sunshine Cup features
the top junior men tennis players from more than 40 nations
in a nation vs. nation competion. This tournament is inter-
n~tionallY recognized as the junior Davis Cup.
The MCB Continental Players Cup features the top junior women
tennis players from more than 32 nations, and is internationally
recognized as the junior Federation Cup. \
PARTICIPANTS
These tournaments are a showcase for tomorrow's stars. A list
of former participants reads like a who's who of international
tennis and includes:
Bj orn Borg' Tracy Austin
...l1ohn McEnroe Andrea Jaeger
Boris Becker Steffi Graf
Ivan Lendl Gabriella Sabatini
Yannick Noah Hana Mandlikova
Recent top juniors 'include:
Michael Chang (1987) Laura Lapi (1986-8)
Ann Grossman (1987) Crist.ina Tessi, (1987-8)
Nicolas Pereira (1905-7) Carrie Cunningham (1988)
. Goran Ivanisevic (1986-7) Andrea Farley (1988)
Gui llaume Raoux (.1987-8) Jennifer Capriati (1989)
,
MEDIA COVERAGE
Media coverage locally, nationally and internationally is
extensive. . The Miami Herald, Fort Lauderdale News Sun-Sentinel,
West Palm Beach Post and USA- Today are just a few of the news-
papers that 'provide daily coverage. All local television
stations provide updates on the t.ournament. Reuters, UPI and
AP also provide dailY coverage on their news services. All
major tennis magazines have covered the tournaments as well.
,
.
I~~~/!!!l SPONSOR MEMBER
800 Palm Trail · Delroy Beach. Florida 33483. (407) 243-8008 · FAX (407) 243-8011
l. .-..,-.....- . ~.. ------
._,,~-.___________ Gcr{~ct<.~r ,,'V. ])uhin Associutcs, Inc. I
I
John M.GcrccLCr . D~aJlIn D~bin
r id nI VICe Pruidcnl
res e
.
,
OVERVIEW .
Since 1947, when Eddie Herr founded the Junior Orange Bowl
Tennis Matches, top junior tennis pl~yers have co~e to South
Florida during the month of Depember. In 1958, Mr. Herr
started the junior players' version of the Davis Cup - -
the SUNSHINE CUP. In 1976, he began the junior Federation
Cup - - the MAUREEN CONNOLLY BRIN~ER (MCB) CONTINENTAL
PLAYERS CUP. Winners of these tournaments have gone on to
become the stars of the pro circuit.
, .
In 1987, Mr. Herr retired and turned the production of these
tournaments over to his grandson, Glenn Feldman. Mr. Feldman,
through his company International Tennis Promotions, Inc.,
initiated corporate sponsorship programs to support'the
tournaments' expenses. The company has also been the .
organizer of junior tournaments in Mexico~' Costa Rica and
South America. .
The S~nshine Cup and Mca Continental Players Cup are sanctioned
by the International Tennis Federation, the United States
Tennis Association and the Florida Tennis Association.
.
[~~~!!!I.SPONSOR MEMBER
800 Palm Trail' Delray Beach, Aorida 33483. (407) 243-8008 · FAX (407) 243-8011
..
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-
BUDGB'l'
Complete the following bUdget with the estimated figures derived
from the information available at the time of grant application.
Ple..e include financial summaries from past year's events.
DfCOKB
DESCRIPTION FIGURBS
Admissions .................................. $
Contributions .. ,C:"tn.~ ~r:~. . . . . . . . . . . . . .10, ceo
- Grants ...... .f-1l.f\. ."?>~!:'. .Cp,~. . ~~. ~.'-1T.1. ~ 000
- R.1gh ts Fees ................................. p!'
1 - -r Sl+(.c.-rs ..3 () ~ '-~
Sa es .......................................
Oth I 5p':>-I~~tPS . Jo _/"......
er neolDe... I ". 7t. . . . . . . . . . . . . . . . . . . . . . . . . . ,1~
.
'1':: -
. . h-~'J .~. . . . . . . . . . . . . . . . . . . . l '2..Q;X:)
. .~Pr':. (1. .~..'T!~.............. lOf2l::::l \ ,//
(
. .. t1(?~ . . . . . . . . . . . . . . . . . . . . . . . . . I Qc::)o
TOTAL IlfCOMB: $ 57,000
IIf-ltDm DfCOMB
. .~~ct ::3?~:-J... . . . . . . . . . . . . .0. . . . . . .. $ "30<.:s:::l.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . . . -
TOTAL Df-ltDm mcon: $ (; 0, .{....r~~
Budaet (Continued) :
BXPBNSBS
(Cash only, do not include expenses covered by in-Jdnd gifts)
DBSCRIPTION FIGURBS
Travel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1000
Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . rK
- Food /2000
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sanction Fees . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . ?
-
Site Fees . .l~~~~~. .$.,~. .~I)~.~~*!~".~ /ZOoc -
-
Guarantees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . bO<::>o
Awards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
!lentals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500
Labor . H <; '. . t1fl:J.~:-. . ~ . . . . . . . . . . . . . . . . . . . . . lo.o<)c:)
,
p ti 1M k ti ,tic.. 'B.c:c.c\\JlZ[.r. AJ>"ee:rCSo...l' fcs;E;eS 10 Cleo
romo ons ar e ng ~...~.~........#.....
't ~ .J 1'-' ACE.. ,
Other Bxpenses. . . J:~tJ:l:(~~ . . . . . . . . . . . . . . . . . . . $<:)0
Ikc~t,,,~ ~~ NI<'~N"~\€:~r~ :Soon
. .. ... ........ ",.. . . . .. ............ .
.?~,=f}...l~r;:OS;~~/' <;qJ~~f~ . . . . . . . . . . 3000
IJOTAL DPIDfSBS: $ S~ 000
.
G1tAJft' AIfOUlI'l' UQUBSTBD : $ ~OOo
.
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERm
SUBJECT: AGENDA ITEM #qe - MEETING OF AUGUST 28, 1990
REQUEST FOR SITE PLAN APPROVAL
DATE: August 24, 1990
At your June 12th Commission meeting the Developer of Heritage Manor
submitted a revised site plan for your consideration. Heritage Manor
is a proposed four story, 15 unit condominium development, located on
the southeast corner of Miramar and Venetian Drives. At that time the
Commission, by consensus deferred action on this request until the
Developer and the residents affected by the proposed development could
reach a compromise on this project. With that condition being
satisfied, the applicant has requested that this item be placed before
you for consideration.
The Planning and Zoning Board forwarded a recommendation of denial to
the Commission on the original proposal citing the projects
incompatibility with adjacent land uses and being out of scale with
the character of the area in terms of height and intensity. The
proposal was considered by the Commission at your April 24th meeting
and was remanded back to the Planning and Zoning Board with direction
to the applicant to revise the project to make it more compatible with
adjacent uses by reducing the overall height by one floor and
providing a more cohesive facade. There was no Commission objection
to the proposed density of 15 units.
Following Commission direction, the following revisions were made by
the Developer:
1. Reduction to a four story, 15 unit condominium development;
2. Bringing the parking area up to grade with three floors of
residential units above it.
3. Reduction in entry width from Venetian Drive to accommodate
additional width requirements for guest parking area.
4. Reducing unit number and size to six (6)- 2,150 square feet
units, six (6)- 1,750 square feet units, and three (3)- 1,560
square feet units.
5. Reconfiguration of the pool area to bring the pool deck
within 5 feet of the east and north property lines. A solid six
foot wall is provided at both of these property lines.
6. Reduction in overall dimensions of the building allowing for
.
.
AGENDA REPORT
-- ,
the accommodation of a greater setback along the east property
line.
An assessment of this project has revealed that the developer has
attempted to accommodate the recommendations of the Planning and
Zoning Board, City Commission, and concerned citizens with respect to
height and intensity. The revisions as proposed are a substantial
improvement and well within the maximum established by the Zoning
Code.
The Planning and Zoning Board at their May 24th meeting recommended
denial (4 - 3 vote). The Community Appearance Board at their May 23rd
meeting requested that the applicant submit a revised landscape plan.
A representative from the Beach Property Owner's Association expressed
that a three story structure might be acceptable. A representative of
the Venetian House stated that three stories would not be acceptable
and that four stories was very unacceptable. A detailed staff report
is attached as backup material for this item.
It should be noted that the zoning designation for this property is
RM-15 (Multiple Family Dwelling District) which permits multiple
family projects containing nine or more dwelling units in one or more
structures and their attendant recreational facilities. As this
designation is consistant with the adjacent zoning and as it was
applied to the property as an enhancement to selling it, the
Commission, by denying this request in favor of a smaller development
may subject the City to additional expenses and possible litigation.
Recommend consideration of site plan approval for Heritage Manor.
- 2 -
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
- K~TOR
FROM: ID J.
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 28, 1990
CONSIDERATION OF THE SITE AND DEVELOPMENT PLAN FOR
HERITAGE MANOR (VENETIAN AND MIRAMAR DRIVES)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a site plan for the development of one acre of
land with fifteen residential units. The project, known as
Heritage Manor, is located at the corner of Miramar and
Venetian Drives.
BACKGROUND:
This item had been before the City Commission previously but had
been continued in hopes of achieving an agreement among the
developer and neighbors as to the character and intensity of
development.
A brief chronology pertaining to the site plan follows:
* April 16, 1990: P&Z Board recommended denial
(vote for approval failed 1-6)
* April 24, 1990: CC remanded to P&Z with direction
* May 24, 1990: P&Z reviewed a modified site plan which
had the same density. The Board again
recommended denial (4-3 vote)
* June 15, 1990: Agent requested deferral of CC action.
The item is now before the City Commission for disposition (see
agents letter).
Please refer to the CC documentation dated June 12, 1990, and the
accompanying P&Z Staff Report (May 24, 1990) for a description of
the revised site plan, its analysis, and alternative courses of
action which may be taken
'18
City Commission Documentat~on
Consideration of the Site and Development Plan
for Heritage Manor (Venetian and Miramar Drives)
Page 2
ALTERNATIVE ACTIONS:
1- Denial pursuant to the Planning and Zoning Board
recommendation.
2. Continuance with direction
3. Approval subject to conditions as set forth in the
recommendation section of the May 24, 1990, P&Z Staff
Report.
DJK/#72/CCMANOR.TXT
-
o/,zg~
....
..
IMRE M. EREG, ARCRlrBcr. RIBA, ARCUK
.
ri ~~t '
~,
August 16, 1990 .t{ li"
( Ell"
AtJB20 ED
Mr. David Harden CITy . ~
Delray Beach City Manager MANAGtlt
100 NW First Avenue S OttlCE.
Delray Beach, FL 33444
Dear Mr. Harden: ,
~
Re: Heritage Manor Project, Stipan Group Inc. :...
j
SE Corner Venetian & Miramar Drives
The purpose of this letter is to inform you that we are
prepared to move forward with our project for site plan
approva I . As a follow-up to your conversation with Frank
Steinitz. our agent for this would like to
request to be heard at t Consider-
ing the background on the property and the 1 est the
commission demonstrated, we decided to bring the project
forward when a full commission is present.
Thank you for your cooperation and assistance in this
matter,
Representative
lME/DD/j
CC Steve Curie, Meril Stumberger, Frank Steinitz
1000 CORPORATE DRIVE, FORT LAUDERDALE, FLORIDA 33334 USA TELE: 30&'493-8644, FAX 301)/493-5165
~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
~ '-U~\J~
FROM: ~~ KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JUNE 12, 1990
CONSIDERATION OF A SITE PLAN FOR THE PROPOSED
HERITAGE MANOR MULTI-FAMILY STRUCTURE (Miramar and
Venetian)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a site and development plan for the proposed
Heritage Manor, 15 unit residential project, to be located
at the southeast corner of Miramar and Venetian.
BACKGROUND:
A site plan involving a five story structure was before the City
Commission on April 24, 1990. At that time the Commission
remanded the item to the Planning and Zoning Board.
Subsequently a revised site plan was delivered to the Planning
Department. The revised site plan was assessed pursuant to the
two standards which were previously cited by the Planning and
Zoning Board in its initial recommendation of denial (i.e.
Standard B, Impact of Proposed Use; and Standard J, Site
Development Impacts).
In short, the structure was reduced by one story (height
reduction of 8' to 9'; the size of individual units was reduced;
the unit count was maintained; and changes were made to the
elevations and some setbacks were increased). A full description
of the revised site plan and its analysis is found in the
Planning and Zoning Staff Report (attached).
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed this item at its meeting
of May 31, 1990, and forwarded it with a recommendation of
denial. The recommendation was made on a 4-3 vote. The
consensus of the majority was that the proposed reduction did not
bring the development into compliance with the standards
pertaining to impact of the use and the impact of the development
upon adjacent and nearby properties.
City Commission Documentation
Consideration of a Site Plan for the Proposed Heritage Manor
Page 2
At the Board meeting, a representative of the Beach Property
Owner's Association expressed that a three story structure might
be acceptable. A representative of the venetian House stated
that three stories would not be acceptable and that four stories
was very unacceptable.
RECOMMENDED ACTION:
By motion, deny the site plan submittal for the proposed Heritage
Manor development pursuant to the findings and recommendation of
the Planning and Zoning Board.
Alternative actions would include:
a) one pursuant to that set forth in the P&Z Staff
Report's recommended action; or
b) remanding back to the P&Z Board with very specific
direction which should be contained in the Commission's
motion.
Attachments:
* P&Z Staff Report dated May 24, 1990
DJK/#64/CCHERIT.TXT
. F'LH0JhJ 1 f\JG 8. ZUN 1 ('-lG uLJI-U,U
.C I TY OF - -- STAFF REPORT
OElRAY BEACH - -
"'iEET rNG o:rrE= MAY 24, 1990
AG~ ITEM: IV. F.
ITEM : REVISED SITE PLAN FOR HERITAGE MA~;OR. AT THE SOUTHEAST CORNER OF
VENETIAN DRIVE
.
~
-I :f
..
12
. II
.
.
DATA:
Owner.......................... .Stipan Group, Inc.
Agent.................. ........ .Dave Danner
Imre M. Ereg, Architects
Location....................... .Southeast corner of Hiramar Drive
and Venetian Drive.
Property Size...................l.045 Acres
City Land Use Plan.............. :'-12 units/acre
r'lediurn Density-Residential
C it y Z 0 n i n g. . . . . . . . . . . . . . . . . . . . . H1- 1 5 (Multiple Family)
Adjacent Zoning.................North, South, East, and West of
the subject property are zoned
PJ.!- 15 .
Existing Land Use...............Vacant Land
Proposed Land Use...............:; story is unit condominium
develoFment
Water Service...,...... ........ .Existin1 e" .~. ate r ma 1 n a 10 n '':;
... c net i anD:. ~ '.' can d a 2" rn<11n
~long rhramar ~rive.
Sewer Service.................. .E:-:istlng 8" sanltar'/ sc....:cr along .:IT,F
"'cnetlan Drive and r-1lramar Drl'Je.
.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a revised site and development plan for "Heritage Manor", a 15
unit condominium development. The subject property is located at
the southeast corner of Venetian Drive and Miramar Drive and
contains approximately 1.045 acres.
BACKGROUND:
For complete background history please refer to the Planning and
Zoning staff report of April 16, 1990 on this item.
The original development proposal was before the Planning and
Zoning Board at its meeting of April 16, 1990. At that time
there was public comment in opposition questioning the
developments compatibility with adjacent low level one and two
story residential structures. The Board forwarded a
recommendation of denial to the City Commission based upon the
project being incompatible with adjacent land uses (Standard J)
and being out of scale with the character of the area in terms of
height and intensity (Standard B).
The proposal was considered by the City Commission on April 24,
1990 at which time the City Commission remanded action back to
the Planning and Zoning Board with the following direction to the
applicant:
That the proposal be made more compatible with adjacent uses
by reduc i ng the overall height by one floor and providing a
more cohesive facade. The City Commission did not object to
the previous density of 15 units per acre.
The applicant has redesigned the project taking the above into
consideration and is now before you for site development
approval.
PROJECT DESCRIPTION:
The revised plan represents changes in the elevation, floor
plans, setbacks and location of outdoor amenity features. The
following is a discussion of each item as it relates to both the
original and revised plans:
- The original five story condominium 15 unit proposal has
been reduced to a four story 15 unit condominium
development.
- The previous proposal included a subgrade parking area with
four floors of residential units above. The parking
structure is no longer sub grade having a positive elevation
of 1. 5' and three floors of residential units above.
- Access has remained the same from Miramar Drive however a
reduction in entry width from Venetian Drive is proposed to
accommodate additional width requirements for the guest
parking area.
P&Z Staff Report
Heritage Manor - Site Plan
Page 2
- The unit sizes are to be changed from 8-2,140 sq. ft. and
7-2,020 sq. ft. (two bedrooms and a den/study) units to
6-2,150 sq. ft. (three bedroom), 6-1,750 sq. ft. (two bedroom
and den/study) and 3-1,560 sq. ft. (two bedroom) units.
- The outdoor recreation amenities include a swirruning pool
with a deck, a jacuzzi and two shuffle board courts are
provided with both proposals. With the revised plans the
pool area is reconfigured bringing the pool deck within 5 '
vs 10' of the east property line and 5' vs 15' of the north
property line. It is noted that a solid 6' wall is provided
at both these property lines.
- The overall dimensions of the building has been reduced
allowing for the accommodation of a greater setback along the
east property line. All other setbacks appear to be similar
to the original submittal.
SITE PLAN ANALYSIS:
The following is a discussion of the two standards of which
negative findings were made, and the manner in which each has
been addressed with the resubmittal.
Standard B (Impact of the Proposed Use)
The development site is bordered to the north, south, east and
west by RM-15 zoning. The existing land use to the north and
west of the property are two-story story condominiums, south is a
one-story condominium, and east is a single family dwelling.
With the resubmittal the building has been reduced by one floor.
This equates to the following:
Previous proposal Current proposal Difference
N elev. 46'11"* 38'10"* 8'1"*
49'9" ** 43'4" .. 6'5"**
S elev. 46'11"* 38'10". 8'1"*
49'9" ** 43'4" ** 6'5"**
W elev. 46'11"* 38'10"* 8'1"*
49'9" ** 43'4" ** 6'5"**
E elev. 46'11"* 38'10"* 8'1"*
49'9" ** 40'4" ** 9'5"**
* to top of roof slab
** to top of parapet/mansard
The mass of the building's east elevation (adjacent the single
family use) has not only been reduced by a reduction in height
but also by the provision of a greater setback. The original
proposal provided a building setback of 28' from the east
P&Z Staff Report
Heritage Manor - Site Plan
Page 3
property line. The revised plan has provided a minimum setback
of 37' with a building elevation which steps back establishing
the main mass of the building at approximately 65'4" from the
east property line.
Standard J (Site Development)
The items discussed under Standard B also relate closely to this
standard. In addition to concerns previously addressed under
Standard B the City Commission had concerns relating to the
projects multiple architectural styles. The applicant has
redesigned and eliminated conflicting styles providing a more
cohesive facade. This particular item will be scrutinized by the
CAB at their meeting of May 23, 1990. This combination of a
reduction of height and increase in the setback of the east
elevation have reduced the impact and increased the development's
compatibility with adjacent properties.
Other Standards:
The revised submittal represents a change in elevation and the
sitting of the building. Minor changes are proposed in the
parking area and the rear amenity locations. These changes do
not effect the previous positive findings with respect to the
other eight standards for evaluating site and development plans.
TECHNICAL ITEMS:
It is noted that a full technical review with respect to code
requirements has not been conducted and is attached as a
condition of approval. The technical items relating to the
previous plan and which relate to this plan include the
following:
1- Indicate site lighting on landscape plan to avoid any
possible conflicts with proposed tree locations.
2. Provide edge of pavement markings for channelizing traffic
in the parking garage (Show on both sides of accessway).
3. All pavement markings shall be white, not yellow as
indicated.
4 . Provide backflow preventers for the fire line and water
service line.
5. On the Engineering Plans indicate the size of the water
meter, location of the backflow preventers. The Siamese
connection and the fire hydrant. (The Engineering Department
has recommended that the drainage inlets near the drive on
Venetian be located in the grass area west of the proposed
location and that a 1 ft. concrete or asphalt apron be
prov ided . )
P&Z Staff Report
Heritage Manor - Site Plan
Page 4
6. Coordinate trellis construction materials selection with
relevant code requirements.
7. Conflicts between the 3" water service line and landscaping
at the north area of the site will require shifting two
trees within the landscaped area circular entranceway.
8. Provide a statement indicating the condition of the existing
drainage structures to which the drainage will outfall from
the site. The applicant is advised that if the system
cannot accommodate the additional drainage, a modification
of the s'torm wa ter system or the site plan, to accommodate
on-site drainage, will be required.
9. Provide specific approval from the appropriate utility
companies (FP&L and Southern Bell) to allow the proposed
wall within the utility easements containing overhead lines
as well as underground phone cables (east and south property
lines) .
REVIEW BY OTHERS:
COMMUNITY APPEARANCE BOARD:
The new development proposal will be before the C.A.B. (Community
Appearance Board) on May 23, 1990, for review. At the writing of
this report no information is available on their action.
COMMUNITY REDEVELOPMENT AGENCY:
The subject property is not located within the Community
Redevelopment Area and does not require review by the C.R.A.
(Community Redevelopment Agency) . However, since the
subject property is adjacent to the area, as a courtesy, the
original project was presented to the C.R.A. at its meeting of
April 9th. The C.R.A. expressed concerns with the height of the
building and its compatibility with adjacent properties. The CRA
has not reviewed the revised submittal.
ASSESSMENT:
The revised submittal has attempted to accommodate concerns of
the Board, City Commission and concerned citizens with respect to
the project being out-of-scale in terms of height and intensity
thru a combination of height reduction, increase in setbacks and
creation of a cohesive building facade. The revisions as
proposed are a substantial improvement and well within the
maximum established by the Zoning Code.
P&Z Staff Report
Heritage Manor - Site Plan
Page 5
ALTERNATIVE ACTIONS:
1- Continue with direction and concurrence.
2 . Recommend approval of the site and development plan for
Heritage Manor based upon positive findings pursuant to
Section 173.867 (Ten Standards for Evaluating Site and
Development Plan Applications) subject to conditions.
3. Recommend denial based upon the failure to adequately
address concerns with respect to Standards J (site
development) in that the development proposal is not
compatible with adjacent uses aswell as failure to
adequately address Standard B in which the development
proposal is out of scale with the character of the area with
respect to height and intensity.
RECOMMENDED ACTION:
Recommend approval of the Site and Development Plan for Heritage
Manor based upon positive findings pursuant to Section 173.867
(Ten Standards for Evaluating Site and Development Plan
Applications) subject to the following conditions:
1- A plat must be recorded prior to issuance of a Certificate
of Occupancy.
2. Provide verification from Florida Power and Light and
Southern Bell that the location of the perimeter walls are
acceptable. If the proposed location is not acceptable,
provide a viable alternative.
3. That revised plans be submitted addressing the comments
listed under the "Technical Item" section of this report.
4. That the development proposal undergo a technical staff
review and compliance with all code requirements be achieved
prior to sign off on the site plan by the Planning Director.
PD/#29/MANOR.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER m
SUBJECT: AGENDA ITEM # qc, - MEETING OF AUGUST 28, 1990
CONDITIONAL USE APPROVAL
DATE: August 24, 1990
We received a request for conditional use approval for a proposed
adult congregate living facility (The Savoy ACLF) and multiple family
units to be located at 210 S.E. 1st Avenue. The development proposal
for this project includes the conversion of the bottom level of the
building (currently known as the Savoy Condominiums) to an ACLF by
removing several walls to create one unit. The unit will be comprised
of a kitchen area and four separate bathroom facilities, with the
remaining area being redesigned to accommodate bedrooms and an
activity areas. A common recreational area is also proposed. The
second floor would be maintained in its current configuration, (2 ) two
bedroom apartments and ( 2 ) one bedroom apartments.
The Community Appearance Board at their August 8th meeting conducted a
preliminary review on the proposal and supported the upgrading of the
building facade and recommended that additional landscaping to
provided in the parking area. The Community Redevelopment Agency at
their August 13th meeting recommend denial of the proposal stating
objections to the mixed use concept. The Planning and Zoning Board at
their August 20th meeting recommend denial of the proposal based upon
a determination that the mix of apartment tenants and ACLF residents
was inappropriate and that Standard 8 of the Standards for Evaluating
Conditional Use Request is not met due to over concentration.
Subject to additional facts which may be presented at your Tuesday
evening meeting, staff recommends denial of this request for
conditional use approval.
. .
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~~YL LEVERETT, ADMINISTRATIVE ASSISTANT III
\" ~-jk~
FROM: -nAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 28, 1990
CONSIDERATION OF A REQUEST TO ESTABLISH AN A.C.L.F AT
210 S.E. 1ST AVENUE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a proposal to establish a 16 bed A.C.L.F. in the
lower story of a two story apartment building located at
210. S.E. 1st Avenue. The property is known as The Savoy
Condominium. To establish this use, approval as a
conditional use under the RM-I0 zone district is required.
BACKGROUND:
The proposal would result in mixed use (apartments on the upper
floor, A.C.L.F. on the ground floor) in an existing condominium
/apartment building. The building currently has eight units.
The lower floor would be redesigned (interior) to accommodate the
A.C.L.F. While the site will be upgraded, some nonconforming
situations will remain. The building has a current intensity of
26 units per acre. It was constructed in 1972.
The most significant aspect of this request deals with it's
mixed-use, reuse aspects. Please refer to the staff report for
a complete description of the project and its analysis.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed this request at a public
hearing held on August 20, 1990. One letter of opposition was
received. Mr. Roy Simon spoke in opposition to the request.
Following the hearing, the Board forwarded the request with a
recommendation of DENIAL based upon determinations that the mix
of apartment tenants and A.C.L.F. residents is inappropriate
given the lack of separation of use of outdoor areas and the
location of tenant parking in front of the A.C.L.F.; and, upon a
finding that Standard #8, General Compatibility, is not met due
to over concentration considerations. The action of the Board
was on a unanimous (5-0) vote.
The C.R.A. recommended denial also. ~~
.
City Commission Documentation
Consideration of a Request to Establish an A.C.L.F.
at 210 S.E. 1st Avenue
Page 2
RECOMMENDED ACTION:
By motion, denial of the request for establishment of The Savoy
A.C.L.F. based upon the findings and recommendation of the
Planning and Zoning Board.
Attachment:
* P&Z Staff Report of August 20, 1990
* letter of support from Mildred Kovacik, L.P.N.
DJK/#71/CCSAVOY.TXT
JLANN: I NG & ZON!- .'-lG BOARD STAFF REPORT
- -- - --
:ITY OF OELRAY BEACH
.
-:Er I NG rnTE: AIJr.IJST 20, lqqO
AG~ ITEM: IILC.
,
ITEM: CONDITIONAL USE: THE SAVOY, ADULT CONGREGATE LIVING FACILITY (ACLF), LOCATED AT
210 S.E. 1ST AVENUE.
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3FNERAL DATA:
Owner.......................... .William Hopkins (units 1-5 and 7)
S.L. and M.S. Holthouse (unit 6)
and Herbert 1. Cadore (unit 9)
Agent...........................William Hopkins
Location........................West side of Southeast 1st Avenue
between Southeast 2nd and 3rd
Street
Property Size................... .3 Acres
City Land Use Plan..............Medium Density Residential 5-12
units/acre
Existing Zoning.................RM-I0 (Multiple family Dwelling
District)
Proposed Zoning (LDR.s).........RM (MultIple Family
Residential-Medium Density)
Adjacent Zoning.................~orth, South, and West of the
subject property are zoned RH-IO.
East is zoned RH-lO and SC
(Specialized Commercial)
Existing Land Use...............e unit multiple family structure
Proposed Land Use...............ACLF on the 1st floor and 4
multiple (amily units on the 2nd
floor
Water Service...................Existing on-site ITEM: III.C.
S.w.r S.rvic....................EMi.tln; on...it.
.
ITEM BEFORE THE BOARD:
The item before the Board is the consideration of a request
to establish an A.C.L.F. as a conditional use in a portion
of an existing apartment building. Standards contained in
Section 173.848 and special requirements for ACLFs apply.
The site for the request is an eight unit apartment building
located at 210 S.E. 1st Avenue. Present zoning is RM-10.
BACKGROUND:
The eight unit apartment building is known as The Savoy. There
is no previous project file. The structure was apparently built
in 1972 as a rental project. In 1979, a condominium survey was
prepared and the project became known as Savoy Condominium. By
that document, parking spaces were to be assigned by the
declaration of condominium. In March, 1986, Wm. Hopkins, current
applicant, purchased five of the eight condominium units. In
October, 1988, he obtained another of the units. Also, in 1986,
he obtained a small portion of property immediately to the west
of the condominium site (42'x 5').
There have been recent Code Enforcement Division citations
written on the property e.g. improper outside storage,
dilapidated condition of fencing, renting without a landlord
permit, lack of smoke detectors, poor condition of doors, walls,
and ceilings.
Apparently due to the condition of the facilities, his ownership
interest in the structure, and a desire to provide care for those
in need, the applicant is seeking to convert a portion of the
structure to an A.C.L.F.; thus, the request.
DESCRIPTION OF PROJECT:
Description: Based upon the formal application, the requested
project is described as follows:
* conversion of the bottom level of the building to an
A.C.L.F. through the removal of some walls; the keeping of
one kitchen area; the keeping of four bathrooms; and
redesign of the remaining area for bedrooms and activity
areas
* provision of screening along the walkway in front of the
units and addition of some landscaping in that location
* retaining the second floor in its present condition and
operating it as rental apartments
* the application identifies four units as being on the second
floor and one unit on the first floor with an occupancy of
16 people on the first floor and ten on the second
P&Z STAFF REPORT
SAVOY A.C.L.F.
Page 2
* subsequent letters state that common areas shall consist of
the parking area and the laundry room - which shall be
available for all tenants
* an amendment to the Declaration of Condominiums provides
that in addition to single family residency the units may be
used by elderly individuals living together (amendment of
July 31, 1990)
* exhibits indicate an intent to provide a shuffleboard area
and boccie court in the setback between the structure and
the north property line
* exhibits show an intent to provide a wall/fence combination
along 1st Avenue and along the south property line.
Adequacy of the Submission: The request before the Board is for
conditional use approval. A sketch plan accompanies the request.
If approved, a full site plan submission will be required later.
Mr. Hopkins made his initial inquiry to the Department on May I,
1990. An application was submitted in early June and was
rejected by letter of June 15th. At that time a request was made
for information as to how the two uses (ACLF and apartments)
would be managed and how common area usage would be controlled.
The application failed to identify what the clientele of this
ACLF will be. In response to a request for such information, a
letter of June 21, 1990, provided: "We will provide these things
(24 hour housing, food service, and personal services) for our
residents". In a letter of July 1, 1990, the following was
provided: "We are proposing to provide a facility for people who
(are) no longer capable of living at home without assistance and
who are not in need of a nursing home. We are offering some
personal services such as supervised self-administration of
medication, assistance with; bathing, grooming, ambulating,
eating, manicure and pedicure."
The Director met with the applicant on June 29, 1990, in order to
explain the difficulties with the project and the submission.
Mr. Hopkins then provided additional information, paid the
processing fee, and declared his desire to proceed.
The application does not include participation by the owners of
units 6 and 8.
Site Deficiencies: The "public" sidewalk along 1st Avenue 1s on
private property. Only twenty feet (20' ) from the center line
has been dedicated for right-of-way purposes. Thus, a five foot
( 5' ) dedication is appropriate and redesign of the parking area
should be based from the new right-of-way line.
(
P&Z STAFF REPORT
SAVOY A.C.L.F.
Page 3
The existing parking area is forty-two feet (42') in width and,
thus, accommodates only a parking space (18') and a standard
driveway aisle (24' ) . The provision of perimeter landscaping
(5' ) and the proposed landscape area by the structure create
conflicts with the parking space and driveway requirements.
The "additional area" (42' x 5' ) on the west is not depicted on
the site survey. Its location vis-a-vis existing improvements
cannot be discerned.
The property has not been platted. The underlying description is
that of a portion of a Block. That situation coupled with the
need to provide dedication of right-of-way and incorporate the
"additional" area to the west dictates that platting be required.
PROJECT ANALYSIS:
Special Requirements for A.C.L.F.s: The facility is capable of
meeting the basic requirements to accommodate an ACLF. However,
the manner in which the requirements will be satisfied is not
clear. Also, it is not clear whether or not the applicant
understands the amount of code and structure work which is
necessary to obtain compliance. There appears to be an intent to
convert a portion of the lower floor at a time. Such an approach
is unacceptable.
* Rooms and occupancy: H.R.S. standards shall dictate the
occupancy load. It is claimed that sufficient floor area exists
for 19 residents. The application is for 16 residents.
* Common area: A common area of at least 10\ of the total
floor area, can be accommodated on the ground floor.
* Bath facilities: Bath facilities are to be provided at the
rate of one/four residents. There is an intent to retain four
existing bathrooms and thus accommodate the sixteen residents.
* Fire and Emerqency Needs: An automatic fire extinguishing
system will be required or another alternative, acceptable by the
Fire Marshall, shall be provided. Fire alarms and upgrading of
ingress/egress accessibility to rooms, etc. , must be provided.
* Custodial Services: 24 hour service dictates that a staff
member be present at all times. There is an apparent intent that
a second story apartment will be used by a full time staff
member. This arrangement is not sufficient in that it is
necessary to assure 24 hour care; thus, arrangement must be made
for such care and not just the existence of an employee's
. .
apartment.
P&Z STAFF REPORT
SAVOY A.C.L.F.
Page 4
* Outdoor facilities: Such facilities are to be provided in
terms of landscaping, design features, and yard space to
accommodate the residents. Proposed facilities include the
shuffleboard area and boccie court. However, there is no
provision for the separation of ACLF residents from residents of
the second story apartments. There is no provision of
separation, with respect to outside play area, of the elderly
from children who may reside in the apartments.
Conditional Use Standards (Section 173.848): The request has
been assessed against these standards with the following results:
( 1) Ingress and Egress: Ingress and egress to the site and
parking area is satisfactory. However, there is no separation of
the parking area or pedestrian area for the different uses (ACLF
and apartments) . It seems inappropriate that tenants of the
apartments and their guests would be using driveway aisles and a
paved surface which may well be used by the ambulatory elderly
residents of the ACLF.
(2 ) Off-street Parking: As proposed the request dictates the
following parking need:
* two second story two bedroom apartments . . . . . 5 spaces
* two second story one bedroom apartments ..... 4 spaces
* 16 resident A.C.L.F. ............... 4 spaces
The condominium plat depicts 15 spaces. While the parking spaces
comply with standard sizes (9'x 18' ) they do not accommodate
landscaping required for parking lots. To accommodate dedication
of the sidewalk (see site deficiencies in previous section), the
five foot ( 5 ' ) perimeter landscaping along 1st Avenue, a
landscape island within the parking row, and a 6'x 24' backout
area at the end of the parking row; thirteen (13) spaces can be
accommodated along the south property line. The one space
adjacent to the structure can be used for a turnaround area.
Upgrading of the parking lot to accommodate perimeter
landscaping (5 I south perimeter) would decrease either the
parking space depth or the driveway width. Something must give
in this situation and it is appropriate that the Board make a
recommendation -- parking area or perimeter landscaping.
( 3 ) Refuse and Service Areas: Currently a dumpster exists in an
uncontrolled manner at the west end of the site. Provisions must
be made for an enclosed dumpster. This item is not included on
the site (sketch) plan. Accommodation of the dumpster may
require loss of a parking space.
P&Z STAFF REPORT ("-." (r)
SAVOY A.C.L.F.
Page 5
(4) Utilities: The site is presently served with water, sewer,
and other utilities. Changes will be necessary to interior
plumbing and to meters for the structure.
The nearest fire hydrant is located at the northeast corner of
S.E. 2nd Street and S.E. 1st Avenue. This hydrant location is
approximately 260 feet from the Savoy Condominium and provides
adequate fire suppression to the site.
(5) Screening and buffering: Exhibits show a combination wall
and fence along 1st Avenue and the south property line (see
attachment). The west and north property lines have sufficient
(existing) setback areas. The west property boundary, by the
parking area, will need to be enhanced with additional
landscaping. A variance may be necessary for a reduced landscape
width along the south property line. Tree plantings will be
required along 1st Avenue and along the parking lot perimeters.
Tree planting is required in the required landscape island in the
parking row. With the exception of the width of the south
landscape perimeter, landscape requirements can be met.
(6) Signs and Exterior Lighting: There are no submittals which
pertain to this item. This item can be accommodated without
adverse impacts.
(7) Setbacks and other open spaces: Existing setbacks are
nonconforming due to the two story nature of the structure. The
front yard will be more nonconforming once the required
dedication (5' additional) is made. There are no proposed
improvements which would further diminish the setback areas. The
north setback (side) area is proposed as an outdoor recreational
area for the elderly residents. There is no substantial outdoor
recreational area for apartment residents other than the parking
lot. Open space features of the site are minimal.
(8) General Compatibility: The existing density of 26 units per
acre far exceeds the development standards which the City applies
today. Thus a request for a reduction in intensity is
appropriate; however, there is no corresponding decrease in the
development character of the site (except for perimeter
landscaping and fencing).
Another factor is that of overconcentration of. similar
facilities. Chapter 419 F.S. provides guidelines for Community
Residential Homes. A guideline is that overconcentration may
exist when homes of 7-14 residents exist in Multi-family areas
within 1200 feet radius of another such home. This situation
does exist in that Mariposa is within 1200 feet to the north.
(9) Building Height: There is no change in this aspect of the
existing development. Code requirements are met.
I .
P&Z STAFF REPORT . .
SAVOY A.C.L.F.
Page 6
(10) Economic Impacts on nearby properties and the City as a
whole: The applicant's intent is to have less costly maintenance
associated with an ACLF allow for investment in the property;
whereas, continued use in an overcrowded state as an apartment
project does not warrant additional investment. Any enhancement
to the property will be beneficial to the City and the
neighborhood. However, the provision of screening walls and
landscaping must be a requirement of approval.
REVIEW BY OTHERS:
Community Appearance Board: On August 8, 1990, the C.A.B.
conducted a preliminary review on the proposal. The C.A.B.
supported the upgrading of the building facade and recommended
that additional landscaping be provided in the parking area
pursuant to staff's recommendations.
Community Redevelopment Aqency: At its meeting of August 13,
1990, the C.R.A. reviewed the request to establish an A.C.L.F. at
the Savoy Condominium. The C.R.A. recommended that the proposal
be denied stating objections to the mixed use concept.
PROJECT ASSESSMENT:
The stated intent of the application is an attempt to make better
use of an existing structure and to provide a facility for
elderly who have a need for personalized care.
Unfortunately the project does not seem well thought out. The
lack of accommodating 24 hour staffing; the problems with meeting
code and retrofitting the structure; and the mix of apartment
tenants and ACLF elderly residents through the sharing of outdoor
recreational areas and the location of traffic circulation
foretell problems. The mixed use aspect of the proposal is the
most disturbing. Finally, the overall character of the living
environment for the ACLF residents does not appear as
residentially orientated as would normally be desired.
While conversion (partial) to a different use will diminish
current problems at the site, this solution may not be the most
appropriate for the problem. It seems inappropriate to recommend
favorably on the request given the quality of the submission, the
apparent lack of understanding as to the magnitude of the overall
project, and an apparent inappropriate mix of uses.
Item needing resolution: If a favorable recommendation is
setforth, the Board should provide guidance as to how to
accommodate perimeter landscaping and parking lot design
requirements i.e. 42' to accommodate:
* 5 ' landscape perimeter
* 18' parking space depth
* 24' parking driveway
* 5 ' desired cutouts for ground level landscaping.
r'l r~
P&Z STAFF REPORT'- --'
SAVOY A.C.L.F.
Page 7
Conditions of Approval: If a favorable recommendation is
setforth, the Board should affix the following, at a minimum, as
conditions of approval:
1. That the A.C.L.F. be restricted to an occupancy of sixteen
residents each of which shall be aged.
2. That a second story apartment be used as "staff quarters"
and that it be occupied on a 24 hour basis by a staff
member and that a communication system be provided between
that apartment and the ACLF facility.
3. That prior to acceptance of the site plan submittal, the
application, through an architect, shall have determined the
amount of work and approximate cost for conversion of the
ground floor structure.
4. The site plan submission shall contain a floor plan which
has been prepared by, and sealed, by an architect.
5. Platting be accommodated concurrent with site plan review.
6. A five foot dedication be provided along 1st Avenue
7. A five foot perimeter landscaping strip be provided on the
east and west portions of the parking lot; a three foot
strip be provided on the south where a wall/fence
combination shall be provided; all other landscaping
deficiencies shall be accommodated and reflected on the site
plan submission.
8. That solid waste facilities be provided in a location
acceptable to the Solid Waste Authority and proper screening
of the dumpster be provided.
9. That agreement to the proposed use be provided from the
owners of units six and eight; or a legal opinion that the
Savoy Board of Directors can act without such agreement.
ALTERNATIVE ACTIONS:
1. Forward the request with a recommendation of denial.
2. Forward the request with a recommendation of approval,
subject to conditions.
~- - 3. Continue, at the request of the applicant, for a time
certain and for a specific purpose.
, i -"-,
I
-'
P&Z STAFF REPORT ..-
SAVOY A.C.L.F.
Page 8
RECOMMENDED ACTION:
By motion, forward the conditional use request for the SAVOY
A.C.L.F. to the City Commission with a recommendation of denial
based upon determinations that the mix of apartment tenants and
ACLF residents is inappropriate given the lack of separation of
use of outdoor areas and the location of tenant parking in front
of the A. C . L . F . facility; and, upon a finding that standard f8,
General Compatibility is not met due to overconcentration.
Attachments:
* survey
* site (sketch) plan
* landscape (sketch) plan
* wall/fence (sketch) plan
:" at,.,
0 0
Alexander A. Simon, Jr.
777 Eut Atl4ntic AIJ~~
Sllit~ 320
Delray B~ach. Florida 33483
407-271H989
August 10, 1990
Alison MacGregor Harty
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Refs Public Notice #6-363
Dear Alison:
We are in receipt of your Public Notice 6-363 relating to
your notification that a conditional use request has been re-
ceived for several Savoy A.C.L.F. to allow an Adult Congregate
Living Facility in the RM-IO district to be located on the west
side of S.E. 1st Avenue between S.E. 2nd Street and S.E. 3rd
Street. The property contains 0.3 acres.
We are very much opposed to this conditional use. We
understand that it means that a higher intensity of use would be
permitted on this property for anyone aged 18 years or older. It
is already intensely used, and this could only compound the
problem of this area.
As a property owner within 300 feet, I stongly urge the
Planning and Zoning Board to deny this request. This will only
tend to lower property values, cause higher traffic, devaluate
the neighboring land, and contribute to the continued deterior-
ation of this neighborhood.
r A. Simon, Jr.
AAS: jap
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August 14, 1990
Mrs. Mildred M. Kovacik
981 Belmont Drive
. West Palm Beach, FL 33415
(407) 471-7920
Mr. David Kovack
Planning and Zoning
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Kovack:
I am writing to you regarding the proposed ACLF that has been presented to me by
Mr. and Mrs. Willia~ Hopkins.
I have been in the nursing field for the past forty (40) years, incompussing nursing
in a Medical and Chiropractic Hospital, and the ownership of my own nursing home
in Denver. As of this time I am now retired.
In looking over the plans and proposed site for this ACLF shown to me by Mr. Hopkins,
it is of my opinion that this is an excellent and well thoughtout facility. I
feel this would be an exceptional addition to the city of Delray Beach maintaining
a quality of life for those seniors residing in your city.
I find the planning of this facility is well laid out, particularly the central
kitchen/dining area, giving an air of unity and social contact for those residing
there. The split leisure areas and screened porches gives ample place for recre-
ational and entertainment uses.
In knowing the Hopkins as I do, I feel that what they lack in experience of this
type of facility they will more than make up in energy, spirit, and personality.
The both of them are eager learners and are the type to maintain the highest quality
of personnel to help them facilitate excellent care for those seniors living in
this ACLF. Because of my admiration of this project I have consented to be an
advisor to the Hopkins and to assist them by having them, draw on my experience
and expertise.
In my conclusion Mr. and Mrs. William Hopkins would make an excellent business
addition to the Delray business community, and I give them the well deserved praise
for planning to open a vital and well needed facility for those senior citizens
needing this type of care but being able to maintain their own freedom.
.
~J?tih:~
Mildred M. Kova i , L.P.N.
.
(
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM #qt)- MEETING OF AUGUST 28, 1990
CONDITIONAL USE AND SITE PLAN MODIFICATION
DATE: August 24, 1990
We received a request for conditional use and site plan modification
for the expansion of the Fleet Leasing facility located on the
northwest corner of S.E. 5th Avenue (Federal Highway) and S.E. 3rd
Street. The development proposal for this property is to expand the
existing facility into Lot 7 to the north. Development of Lot 7
involves the demolition of an existing duplex structure and
construction of a parking lot containing 12 parking spaces along with
required landscape improvements. Ingress and egress to Lot 7 will be
provided via a cross access point from Lot 8 as well as from the alley
abutting the site to the west.
As a conditional use request can invoke total site upgrade, an
analysis of the balance of the site (Lots 8-12) was conducted. During
the review process, existing conditions were compared with approved
landscape plans. Several deficiencies exist and will require
upgrading regardless of the expansion action now before you.
The Community Redevelopment Agency at their August 13th meeting
recommended denial of the conditional use request, The Community
Appearance Board at their August 8th meeting reviewed the development
proposal and found that the landscaping was generally acceptable.
However, code deficiencies must be addressed prior to the scheduling
of a final CAB review. The Planning and Zoning Board at their August
20th meeting failed to make a recommendation.
While this development plan is inconsistent with the Comprehensive
Plan and proposed LDRs which upon enactment, would rezone this
property to CBD and does not allow creation or expansion of auto uses,
this expansion is allowed under the current SC zoning regulations and
~beats the clock~ on the adoption of those regulations. Also, by
allowing this proposal to ~beat the clock~ an opportunity is provided
to remove a nonconforming use (residential duplex) and to extract
substantial upgrading of the existing site.
Recommend consideration of conditional use and site plan modification
for Fleet Leasing.
- .
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~~R~~STRATIVE ASSISTANT III
FROM: ~D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 28, 1990
CONSIDERATION OF A REQUEST TO EXPAND THE LAND AREA OF
FLEET LEASING THROUGH A MODIFICATION TO A CONDITIONAL
USE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a proposal to expand the existing Fleet Leasing
facility by adding a .25 acre lot and improving it for
parking purposes.
Fleet Leasing is located on the west side of southbound
Federal Highway, north of S.E. 3rd Street.
BACKGROUND:
The proposal would result in the demolition of an existing,
nonconforming residential structure and the construction of 12
(or less) parking spaces on a 1/4 acre lot. The parking lot
would comply with current code requirements.
There are many aspects to this request. These include:
* Determinations of compliance with the Comprehensive Plan
* The situation that while the request is able to be processed
under existing codes, it would not be accepted under the
proposed LDRs and further that, if approved and established,
the use will become nonconforming
* The beneficial aspects of improving existing conditions on
Lot 7 (the expansion lot)
* The beneficial aspects of additional upgrading of the
balance of the site
* The situation wherein there are improvements which are to be
made to the balance of the site pursuant to a recently
approved landscaping plan -- which was brought about due to
the existence of code violations.
This item is quite complex and there are several alternatives
which may be pursued in respect to the degree of entire site
upgrading which should be required. Attached is the complete
Planning and Zoning staff report.
~
City Commission Documentation
Consideration of a Request to Expand the Land Area of
Fleet Leasing Through a Modification to a Conditional Use
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed this request at a public
hearing held on August 20, 1990. Two letters of opposition were
received. A resident of the area, Wayne Grambow spoke in
opposition as did Jean Beer. The project agent, Burl Gentry,
represented the proposal and offered to meet the most stringent
of the upgrading scenarios.
Following the hearing, the Board failed to provide a
recommendation. A motion to deny failed on a 2-3 vote (Klarer,
Coopersmith for the motion; Parker, Schneider, Schmidt against) .
In order to proceed to a motion of approval it was necessary to
first resolve the situation wherein the resulting lot size of the
overall project did not meet the minimum requirement of 1.5
acres. A waiver to that requirement is possible; however, a
motion to recommend the waiver did not receive a second. With no
action on waiver, the Board had a situation where the request
would not comply with minimum lot requirements. The Chair
declared the item at an impasse.
The C.R.A. has recommended denial of the request. The D.D.A. has
recommended approval of the request.
RECOMMENDED ACTION:
The first consideration before the Commission is that of whether
or not the expansion of use should be approved and a waiver
granted to the minimum lot requirements of Section 173.510(A).
It is suggested that this item be acted upon separately.
If the first consideration is granted, then it is recommended to
adopt the staff recommendation as set forth in the Planning and
Zoning Board staff report with the following modifications:
* That Lot 7 not take access to the alley
* That a two foot dedication be made on the east side of the
alley and that the alley be improved to a width of 18' from
S.E. 3rd Street to the north line of Lot 7
* That a six foot wall be installed along the east side of the
alley with the accommodation of existing points of access
except that the prep area shall have only a twenty foot
gated access
* That no provisions for an on-site loading area be required.
Attachment:
* P&Z Staff Report of August 20, 1990
* two letters of opposition
DJK!#71/CCFLEET.TXT
",_..e.__~
~LRr:JN'l NG B ZON J. NG BOARD
= I TY OF OELRAY BEACH - - - STAFF REPORT - - -
=ETING o=ITE: AUGUST 20. 1990
AGeDA ITEM: III.D.
IT . CONDITIONAL USE AND SITE PLAN MODIFICATION. REGARDING THE EXPANSION OF FLEET L
, ~. TO ADJACENT PROPERTY. LOCATED ON S.E. 5TH AVENUE (SOUTHBOUND FEDERAL HIGHWAy).EASING
SOUTH OF S.E. 2nd STREET.
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_ _ . .... '. . ." _ _ . _ "'J.
;CNERAL DATA: .
Owner. . . . , . . . . . . . . . . . . . . . . . . . , , ,l'lichael P. Sheinson
Agent.............. .............Burlison A. Gentry
Location, . . . . . . . . . . . . . . . . . . . . . . . rlarthwest corner of Southeast 5th
Avenue and Southeast 3rd Street
Property Size...................1.15 Acres
City Land Use Plan..............commercial Core
Current Zoning..................Sc (Specialized Commercial)
Proposed zoning (LDRls)........ .CBD (Central Business District)
Adjacent Zoning.................tlorth, East, and South of the
subject property are zoned SC.
~est is RM-IO (Multiple Family
D'~;elling District)
Existing Land use...............Automobile sales and leasing and
a residential duplex
Proposed Land use...............Farking Lot. automobile sales and
leasing and related vehicle
repair
Water Service.. ................,Existing on-site
S i - it' . t ITEM: II 1. D.
Sewer erv ce.................. .~X s 1n9 on-51 e
.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a major modification to the conditional use approval alonq with
approval of site plan for Lot 7 expansion of Fleet Leasing
Disposal. The project is located at the northwest corner of S.E.
3rd Street and S.E. 5th Avenue (Southbound Federal Highway).
BACKGROUND:
The Fleet Leasing Disposal use was established in May, 1985 and
occupies Lots 8-12 of the Roebucks Subdivision. No Site Plan or
Conditional Use approval was required prior to 1985, as
automobile rental agencies/automobile sales under 5,000 sq. ft.
were allowed as permitted uses exempt from site plan approval.
In June, 1986 a Conditional Use request and Site Plan
modification was received to expand the existing facility into
Lots 4-7 to the north and Lots 20-22 to the west. The expansion
into Lots 20-22 located across an intervening alley and zoned
RM-10 was for employee parking. No final action was taken on the
development proposal and in March, 1987 it was considered closed.
This property has a history of Code Enforcement violations dating
from early 1988, most of which relate to landscaping
deficiencies. Revised landscape plans satisfying code
deficiencies were submitted and approved by the Community
Appearance Board on June, 1989 (Lots 8-9) and January, 1990 (Lots
10-12). The site was cited again on March 6, 1990, for the
parking of vehicles on non-paved surfaces of Lots 7-12. The
applicant was to cease the violation or provide proper parking
lot surfaces for vehicular parking. It is assumed expansion into
Lot 7 with a paved parking lot is in response to this violation.
PROJECT DESCRIPTION:
The proposal before you involves the major modification of the
Conditional Use via expansion of the existing use into Lot 7 to
the north. Site Plan approval of Lot 7 is required and involves
the demolition of a existing duplex structure and construction of
a parking lot containing 12 parking spaces along with the
required landscape improvements. Ingress and egress to Lot 7
will be provided via a cross access point from Lot 8 as well as
from the alley abutting the site to the west.
As the Conditional Use request can invoke total site upgrade an
analysis of the balance of the site with respect to the
conditional use standards has also been conducted. The current
use occupies lots 8-12 and has two related C.A.B approved
landscape plans. The existing Fleet Leasing use currently has
three access points from Federal Highway as well two access
points from an unimproved alley to the west. Access from the
alley serves as secondary access to display areas on Lot 12, and
as sole access to a canopy car wash area on Lot 9.
,
P&Z Staff Report
Fleet Leasing Expansion
Page 2
During the review process the existing on-site conditions were
compared with approved landscape plans for Lots 8-12. The
following deficiencies exist either through lack of initial
installation and will require upgrading regardless of the
expansion action before you.
The following material is missing and needs to be replaced:
Sod on Lots 8-12 is in very poor condition and must be
resodded with St. Augustine "Flori tan" sod and sprinkled
with 100% coverage.
Sections of the hedge on the west side of Lots 11 and 12.
The three Phoenix Roebellieni shown on the east side of Lot
12 along Federal Highway.
Foundation plantings on Lot 10 shown as Ligustrum hedging
and low level mass plantings.
Four Black Olive trees on the east side of Lots 8-10, two
within internal landscape islands and the two adjacent
Federal Highways.
The following additional code violations are noted:
Five foot landscape strip (hedges, four trees, and
irrigation) shown along the alley adjacent Lots 8-10 have
not been installed per the approved landscape plan.
Approval for Lots 8 and 9 required removal of paving areas
proposed for bullpen parking as they where substandard and
not allowed pursuant to Section 173.510 (A)(3)(e). These
areas have not been removed.
Dumpster area was to be screened with an enclosure. No
enclosure has been provided.
Five foot perimeter landscape strips required around the
west and south property lines have not been installed to
proper width.
PROJECT ANALYSIS:
Auto Use Criteria:
In addition to the requirements of Section 173.848 (Standards
for Evaluating Conditional Use Requests) and Section 173.867
(Standards for Evaluating Site Development plans) this
development must meet the requirements of Section 173.510
(Vehicular Rentals and sales design and use restrictions.) This
section sets forth specific land use area and development
requir.m.nt. for auto r.lat.d u....
P&Z Staff Report
Fleet Leasing Expansion
Page 3
The current use contains .9 acres and with the Lot 7 expansion
will contain a total of 1.15 acres. Pursuant to Section 173.510
(A)(l) a minimum area of 1.5 acres and depth of 200' is required
for establishment of new auto rental and sale uses. This site
does not meet either of these requirements (1.15 acres verses 1.5
acres and 127' verses 200').
Pursuant to Section 173.510 (A)(l)(e) the above may be waived by
the City Commission after review and recommendation by the
Planning and Zoning Board for existing sites or expansions of
existing sites where it can be demonstrated that it is not
physically possible to achieve or it is not feasible to assemble
additional land to achieve.
Other deficiencies relating to the auto regulations are discussed
under Standards '2 (Loading), Standard '5 (Screens and Buf fers) ,
and Standard '6 (Lighting) of the Conditional Use analysis.
Comprehensive Plan:
Pursuant to Future Land Use Policy A-2. 3, prior to recommending
approval of any development permit application which comes before
it, the Local Planning Agency must make a "finding of
consistency" of the requested land use action with the objectives
and policies of the Land Use Element.
The current land use designation of the site is Commercial Core.
The current zoning designation for the parcel is (SC) Special
Commercial. With the City-wide rezoning associated with the
adoption of the LORs this parcel will receive a CBO zoning
designation.
The following policy statements within the Comprehensive Plan
apply to this development proposal:
Future Land Use Policy A-2.4 Automobile uses are a
significant land use within the City and as such they have
presented unique concerns. In order to properly control
these uses and guide them to locations which best suit the
community's future development, the following shall be
adhered to:
* Auto related uses shall not be permitted in the CBD
Zone District or within the geographic area along
Federal Highway which extends four blocks north and
three blocks south of Atlantic Avenue.
* Automobile dealerships may locate and/or expand west of
Federal Highway, i.e., or between the one-way pair
system (except as restricted above).
P&Z Staff Report
Fleet Leasing Expansion
Page 4
The Comprehensive Plan is the document which puts forth the
Goals, Objectives and Policies which are to guide future
development, while the LORs are the zoning regulations which will
implement these components of the Comprehensive plan. It is
clear that with the adoption of the LORs in early September the
current development proposal would not be allowed. However,
until the adoption of the LORs expansion is allowed under the
current SC Specialized Commercial regulations. It is noted that
the Comprehensive Plan policy statement relating to restrictions
of auto uses between the four blocks north and three blocks south
of Atlantic Avenue is also contained within the VISIONS 2000
document. This document serves as one 0 f the guides to current
development policies.
Conditional Use Analysis:
The proj~ct was also reviewed under criteria in Section 173.848
"Standards for Evaluating Conditional Uses. " Following is the
result of that review:
Standard #1 (ingress and egress)
Ingress and egress to the parking lot expansion (Lot 7) is
proposed via a cross access connection with Lot 8 to the south as
well as an access point from the 16' alley along the west
property line. The alley separates this use from single family
residential uses within a RM-10 zoning district to the west. The
residential uses take primary access from S.E 4th Avenue and
therefore impact from this expansion's utilization of the alley
would be minimal.
Pursuant to Section 172.16 ( I) every subdivided lot or property
shall be served from a publicly dedicated street or private
street designed and built in accordance with the Subdivision
Code. In addition, Comprehensive Plan policy statement A-4.5
(Capital Improvement Element) states:
New development should be responsible for the construction
of one hal f of any abutting street which abuts the property
being developed whether it services the development or not.
The developer's responsibility is limited to one half of a
local street unless improvement is needed in order to meet
LOS standards, in which case full improvement is required.
The existing use (Lots 8-12) takes access from the alley in two
locations, the first serves as secondary access to a display
parking area on Lot 11 while the second is the sole access to the
a car wash canopy area on Lot 9 . Access to the canopy area
includes back-out parking directly into the alley. This
situation is inappropriate and proper access should be provided
through the site. The alley access should be eliminated and
proper buffer i.e. wall and landscape treatment, provided (see
discussion under screens and buffer).
P&Z Staff Report
Fleet Leasing Expansion
Page 5
Pursuant to Section 172.16 ( I ) and Comprehensive Plan policy
statement A-4.5 (Capital Improvement Element) construction of the
entire alley from S. E . 3rd Street to the north property line of
Lot 7 can be required. If the Board reconunends against
extraction of this improvement for Lots 8-12 access to the alley
from Lot 7 should be eliminated and installation of required
landscaping installed. If this alternative taken a financial
guarantee will still be required for half of the alley adjacent
Lot 7.
Standard t2 (parking and loading areas)
The expansion of Lot 7 includes the construction of 12 additional
parking spaces. No additional parking demand is created with the
use expansion.
No loading requirement applies to Lot 7 expansion.
With respect to the existing use Lots 8-12, 14 parking spaces are
required pursuant to Section 173.510 (A)(4)(b). Of these, 7 are
to be designated for employee and customer parking, 3 are to be
for service, and the balance is to be in display. However, on
the development plans labels indicating which spaces are for
employees, customers, service and display are not provided. A
plan indicating the locations of these parking spaces should be
provided. No difficulty meeting the overall parking requirements
is anticipated.
Pursuant to Section 173.792 one loading berth is required for the
existing use. No designated loading area exists on site and
one should be provided.
Standard #3 (refuse and service areas)
The use modification will not create any additional refuse and
no additional refuse areas are therefore proposed.
On the existing site the dumpster on Lot 9 was to be screened via
the June, 1989 landscape plan which was to be implemented to
satisfy landscape code violations (see discussion under project
background) .
Standard #4 (utilities)
No sewer or water improvements are necessary for the expansion.
Sewer service to the existing site is via a lateral connection to
an 8" sewer main which runs down the alley along the west
property line. The installation of an additional 12 parking
spaces will not have any additional impact on the sewer service.
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p&Z Staff Report
Fleet Leasing Expansion
Page 6
Water service to the balance of the site is provided via of a 12"
water main located along the west side of State Road No. 5
(southbound Federal Highway). A fire hydrant exists on Lot 11 of
the Fleet Lease development and no additional fire hydrants are
required.
With the conditional use analysis of the entire site the Public
Utilities Department has identified a need for a backflow
preventer and connection of the sewer lateral into a monitoring
manhole. As these improvements do not relate to the land use
action before you, it is appropriate that the Public Utilities
Department obtains these improvements through another vehicle.
Standard #5 (screens and buffers)
Pursuant to Section l73.510(A)(2)(b) and 173.510 (A) (2) (d)
special screening and buffering requirement apply to auto uses
where they abut residential zoning district. Pursuant to these
code sections the outside display areas adjacent to the alley on
Lot 7 must provide a minimum of a 10' landscape strip and a 6 '
decorative masonry wall. The masonry wall is permitted within 5'
of the alley and is to have trees 25' on center along the inside
of the wall. Less buffering would be required with conventional
commercial uses consisting of a minimum of 5' landscape strip
with trees 25' on center.
The development proposal on Lot 7 is deficient in both interior
landscaping and the perimeter landscaping. The perimeter
landscape deficiencies relate to the following code requirements:
Pursuant to Section 159.30 a 5' minimum strip is required
between property lines. Due to the lot dimension of 50' the
5 ' width cannot be accommodated along the south property
line. However, pursuant to Section 172.63(0) a Unity of
Title between Lots 7,-12 is required and therefore the 5 '
perimeter landscape requirement would not apply as the lots
become a single parcel.
Pursuant to Section 173.510(A) (2) (b) and 173.510 (A)(2)(d)
the outside display areas adjacent to an alley must provide
a minimum of 10' landscape strip and a 6' decorative masonry
wall. Only a 7 .5' landscape strip has been provided and
compliance will result in the loss of 1 parking space.
The interior landscape deficiencies relate to the following code
requirements:
Pursuant to Section 159.31, 10\ of the paved area must be
provided in interior landscape area. Development on Lot 7
requires a total of 484 sq. ft. of interior green space.
P&Z Staff Report
Fleet Leasing Expansion
Page 7
With the combining of the lots through a Unity of Title
some perimeter landscaping would be considered internal
landscaping bringing the total interior landscaping provided
to 364.25 sq. ft. If Lot 7 were to be considered to stand
alone a code deficiency of 119.75 sq. ft. would result.
However, as this site is to be considered a part of the
larger development Lot 7 would be factored into the overall
10% landscaping of the total site.
Additional minor outstanding items which relate to landscaping
are discussed under Technical Items Section of the staff report.
In reviewing the balance of the site (Lots 8-12) the following
landscape deficiencies where identified:
Curbing of all landscape areas is required. Curbing is
required on the inside of all perimeter landscape areas on
Lots 11 and 12. On Lot 10 curbing is required around the
foundation planter area which abut the vehicular use areas.
Pursuant to Section 159.30, 10% of the paved area is to be
provided in internal green space. This requirement has not
been met for Lots 8-12, particularly on Lots 11 and 12 which
requires a minimum of 1,110 sq. ft. of internal
landscaping. No internal landscaping on these lots is
provided.
Pursuant to Section 173.510(A)(2)(b) and 173.510 (A)(2)(d)
the outside display areas adjacent to an alley must provide
a minimum of 10' landscape strip and a 6' decorative masonry
wall. The masonry wall is permitted within five feet of the
alley and is to contain trees 25' on center planted on the
inside of the wall. On the approved site plans 5' landscape
strips and trees 40' on center are provided.
Some or all of these deficiencies, depending on the degree of
improvement recommended by the Board, can be obtained as
conditions of approval.
Standard #6 (signs and lighting)
No new sign locations are proposed.
With this type of use lighting is more intense than conventional
commercial uses. The lighting locations are shown and the
nearest fixture is approximately 64' from the rear lot line of
adjacent residential uses. The lighting does not appear to
adversely impact adjacent residential uses. Pursuant to Section
173.869 (0 ) in addition to the location, the direction, height
and lighting type must be provided and has not been.
'i
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Fleet Leasing Expansion
Page 8
Pursuant to Section 173.510 (A)(7)(e)(1) (Automobile Regulations)
a maximum of 100 footcandles within display areas and forty foot
candles in all other areas is allowed. After 11:00 p.m. fifty
foot candles are allowed in display areas while 40 foot candles
are allowed in all other areas.
With the balance of the site no signage or lighting deficiencies
are noted. -
Standard i7 (setbacks and open space)
The expansion does not include construction of any structures.
Required landscape setbacks have been provided except along the
south and west property lines as discussed under Standard No. 5.
An increased landscape setback for this use verses other
commercial uses applies along the west property line (10 verses
5 I ) .
There are noted open space deficiencies with the existing site
(Lots 8-12) (see discussion under Standard No. 5 Screens and
Buffers) .
Standard i8 (compatibility)
The northern expansion will eliminate a nonconforming residential
use on Lot 7. The residential use currently has parking spaces
which back out onto Federal Highway and is not compatible with
commercial uses within the SC or proposed CBD districts. On the
other hand the expansion will represent an encroachment of auto
uses further north into the proposed CBD zoning district. Auto
uses cater to single objective commercial user and do not promote
cross traffic with other commercial uses in the district.
Therefore, auto uses will not be compatible with other commercial
uses within the CBO zoning district which goal is to provide an
area of retail commercial activities which compliment each other.
The existing use (Lots 8-12) is not compatibly with other
commercial uses which will be allowed to the north, south and
east under the proposed future zoning designation of CBD. With
the adoption of the LORs the existing use will become
nonconforming. Compatibility of the existing use with respect
to the residential uses to the west can be enhanced through the
extraction of required perimeter landscape buffers and the
closing of access to Lot 9 as discussed under the screens and
buffer and ingress and egress sections of the staff report.
Standard #9 (height)
The expansion involves additional parking spaces and therefore
there is no impact from the height. The expansion of the use as
proposed will eliminate a potential commercial structure from the
site along with it's potential height impact on adjacent
residential uses.
,
P&Z Staff Report
Fleet Leasing Expansion
Page 9
The existing site contains one-story structure and no adverse
impacts are noted.
Standard '10 (economic effects on adjacent properties)
The expansion is not expected to have adverse economic effects on
adjacent properties as it represents an expansion of an existing
commercial use into a commercial zoned area. The expansion
should be no more adverse to adjacent residential uses to the
west than other commercial uses allowed under SC or CaD zoning
districts. In fact, due to the special buffering requirements of
this type of use (i.e. minimum 10' landscape strip, 6' decorative
masonry wall, and trees 25' on center) the residential properties
will be better protected than with other commercial uses.
With the existing site adverse economic effects on adjacent
residential property may be experienced due to the improper
utilization of the alley in conjunction with the car wash canopy
function and improper screening of the use. This adverse impact
can be mitigated by reorientating access to the car wash canopy
from Federal Highway through the site and providing buffering
pursuant to Section 173.510 (A)(2)(b).
Site Plan Analysis:
The site plan has been reviewed using criteria outlined in
Section 173.867 "Standards for Evaluatinq Site and Development
Plan Applications". Following is the result of that review.
Standard A (sufficiency of materials)
This standard has been met with an acceptable submittal.
Standard B (density or proposed uses impact on adjacent
properties or the City as a whole)
Under the Comprehensive Plans and the LDRs auto uses are to be
restricted from expanding in the area under consideration. This
is to allow for the establishment of complimentary commercial
uses which attract shoppers for multiple goods and services
verses single purpose commercial traffic. Expansion into lot 7
would have a negative impact on the adjacent properties within
the proposed caD district.
Standard C (ingress and egress)
This standard is discussed under Standard '1 of the Conditional
Use analysis.
P&Z Staff Report
Fleet Leasing Expansion
Page 10
Standard D (off street parking and loading)
This standard discussed under Standard 12 of the Conditional Use
analysis.
Standard E (screens and buffers)
This standard has been addressed under Standard .5 under the
Conditional use analysis.
Standard F (drainage)
Drainage is to be accommodated via swale areas along the east and
north property lines. No problems are anticipated.
Standard G (sanitary sewers)
This standard is discussed under Standard 14 under the
Conditional Use analysis.
Standard H (utilities)
This standard is discussed under Standard '4 under the
Conditional Use analysis.
Standard I (recreation and open space)
This standard is discussed under Standard '7 under the
Conditional Use analysis.
Standard J (site development appearance and general layout
compatible with adjacent properties and the City as a whole)
With the accommodation of the required landscape buffers along
the west property line of Lot 7 negative impacts will be
minimized. The proposed lighting layout is sensitive to adjacent
residential uses and no conflict is anticipated.
With respect to the compatibility of site with respect to the
City as a whole, a display parking lot is not in the best
interest of other commercial uses within the proposed CBO
district.
Other Code Items:
Pursuant to Section 172.16 (P) alleys are to be a minimum width
of 20 t . This results in a requirement to dedicate an additional
2 t of right-of-way for Lot 7 . With the Conditional Use
modification action the 2' additional dedication could be also be
extracted from the existing site (Lots 8-12) . It is appropriate
for the Board to determine if the additional dedication should be
extracted or a recommendation for a waiver be forward to the City
Commission.
)
P&Z Staff Report
Fleet Leasing Expansion
Page 11
This petition offers a unique chance to acquire a large portion
of additional dedication (Lots 12, 10, 9, 8 and 7) which is
approximately half of a City block. As this development
currently utilizes the alley (see discussion under Standard .1 -
Ingress and Egress) and is proposing an additional entry from Lot
7, it appears appropriate to extract the additional right-of-way
and require construction of the alley to City standards from S.E.
3rd Street to the north property line of Lot 7. As the utilities
are located along the west edge of the alley the additional
right-of-way dedication will allow the construction of an offset
18' pavement section.
If additional right-of-way dedication is extracted the following
site impacts will result:
The required perimeter landscape strips along Lot 12 would
be reduced from 5' to 3'. The fullS' could be accommodated
without difficulty.
The rear setback of the existing structure on Lot 10 would
be reduced from 5' to 3'.
The rear setback of the existing washing canopy on Lot 9
would be reduced from 6' to 4'.
The rear setback of the existing duplex on Lot 8 would be
reduced from 12.5' to 10.5'.
On Lot 7, an additional 2' of landscaping would be required
which may result in the loss of an additional parking space.
REVIEW BY OTHERS:
(CRA) Community Redevelopment Agency
On August 13, 1990 the CRA reviewed the development proposal and
recommended denial of the Conditional Use request. The
recommendation was based on the consensus of the CRA that
expansion of auto uses is not the type of commercial uses they
would like to encourage in the redevelopment area, particularly
in the new CBD Central Business District.
(CAB) Community Appearance Board
On August 8, 1990 the development proposal received preliminary
review and the landscaping was found to be generally acceptable.
The applicant must address code deficiencies at which time the
proposal will be scheduled for final review by the CAB.
_ .m~_ ..~
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P&Z Staff Report
Fleet Leasing Expansion
Page 12
TECHNICAL ITEMS:
Landscaping:
The following additional landscape requirements must be provided
for Lot 7:
1. Provide note for Lot 7 that all landscape areas will be
sodded with St. Augustine "Flori tan" sod and will be
irrigated with 100% coverage.
2 . Provide protective curbing along north side of Lot 7 to
protect proposed landscape area.
3. A perimeter tree is required in the landscape island located
at the southeast corner of Lot 7.
4. A tree survey of Lot 7 is required. The five existing Sabal
Palms and two Phoenix Reclinatas on the site are to be saved
in place or relocated.
5. Pursuant to Section 159.31 three additional interior trees
must be provided.
Enqineerinq:
The following additional Engineering items need to be provided:
- Topographic conditions of Lot 7 and 50' off-site
pursuant to section l73.870(J).
- Traffic control i.e. signage, marking etc, for new
parking lot pursuant to Section l73.870(E)(9).
ASSESSMENT:
The Comprehensive Plan is the document which puts forth the
Goals, Objectives and Policies which are to guide future
development, while the LORs are the development regulations which
will implement the components of the Comprehensive Plan. With
the adoption of the LORs in early September the property will be
zoned caD which does not allow creation or expansion of auto
uses. This expansion proposal is allowed under the current SC
zoning regulations and "beats the clock" on the adoption of
regulations to enforce the Comprehensive Plan policies. It is
noted the proposal is inconsistent with the VISIONS 2000 policy
statement which also prohibits expansion of auto uses between
S.E. 3rd Street and N.E. 4th Street on Federal Highway.
,
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P&Z Staff Report
Fleet Leasing Expansion
Page 13
With adoption of the Comprehensive Plan the City outlined the
blueprint it wishes future development to follow. With this in
mind it may be inappropriate to approve a development proposal
which creates a nonconforming use and is inconsistent with the
blueprint just because the regulations are not in place.
However, allowing the proposal to "beat the clock" provides an
opportunity to remove a nonconforming use (residential duplex)
and to extract substantial upgrading of the existing site.
Items needing resolution:
If a favorable recommendation is set forth on the major
modification to the conditional use the Board should provide
guidance as to:
whether 2' of additional right-of-way should be required for
the alley for Lots 7-12 or a positive recommendation for a
waiver from Section 172.16(P) to City Commission should be
made and
the degree of improvements to the balance of the site
(Lots 8-12) that should be required including:
- degree of alley improvement
- degree of landscape improvements
- closure of alley access to Lot 9
The following minimum improvements are recommended by staff:
A. That the required 10' minimum landscape strip,
decorative masonry wall and trees 25' on center be
provided along the alley were possible. This
requirement can not be accommodated along a portion of
Lot 10 where a building is located 5' from the property
line.
B. Closing of current access point from the alley to the
car washing canopy and provision of landscape treatment
required pursuant to Section 173.510 (A))2)(b).
C. Curbing be provided around the perimeter landscape
strips on Lots 11 and 12 and around the foundation
planting areas on Lot 10.
D. Provision of 10\ of the paved areas in internal
landscaping areas with particular attention to Lots 11
and 12 where the balance of the display vehicles are
now stored.
E. Labelling of all parking spaces Lots 12-7 i.e. service,
customer, employee and display.
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P&Z Staff Report
Fleet Leasing Expansion
Page 14
F. Provision of an on-site loading area.
G. Construction of the alley from S. E . 3rd Street to the
north property line of Lot 7 to City Standards.
Site plan conditions of approval for lot 7:
If a favorable recommendation of approval is set forth on the
conditional use modification, the Board should affix the
following conditions of approval on the site plan for Lot 7:
1- Submittal of revised site plan addressing the following
items:
- provide direction, height and lighting type for Lot 7
- providing traffic control signage marking per Section
l73.870{E){9).
2. Submittal of revised landscape plans addressing the
following items:
- provision of the required landscape treatment along the
alley adjacent Lot 7 i.e. 10' landscape strip, 6 '
decorative masonry wall and trees 25 , on center.
- items ( 1 ) thru (5) under Landscape Section of Technical
Items portion of this report.
3. Either construction of the alley to City Standards from S.E.
3rd Street to the north property line of Lot 7 or provision
of a financial guarantee for 1/2 of the alley adjacent Lot
7, as determined by the Board.
4. Providing topographic conditions of property and 50'
off-site pursuant to Section 173.870(J).
5. Subject to resolution of all Code deficiency between the
approved site plans for Lots 12-8 and existing conditions
identified in the staff report under the description section
prior to Certificate of Occupancy on Lot 7.
6. Provision of a Unity of Title for Lots 12-7.
P&Z Staff Report
Fleet Leasing Expansion
Page 15
ALTERNATIVE ACTIONS:
1- Continue with direction.
2. Recommend approval of the Conditional Use request and
Attendant Site Plan based on positive findings with
respect to Section 173.867 " Standards for Evaluating
of Conditional Uses II and Section 173.848 "Standards
for Evaluating Site and Development Plan App,lications "
and based on "finding of consistency" with the
Objections and Policies of the Comprehensive Plan and
subject to conditions.
3. Recommend denial of the Conditional Use and Attendant
Site Plan based upon failure to make positive findings
with respect to Conditional Use Standards '8
(compatibility) and Site Plan Standard B (impact of
proposed use) and upon a "finding of inconsistency"
with respect to the Objectives and Policies of the
Comprehensive plan.
RECOMMENDED ACTION:
By Separate Motion:
Forward a positive recommendation for a waiver from Section
173.510(A)(e) to the City Commission.
Forward a recommendation of approval of the Conditional Use
request based on positive findings with respect to Section
173.867 "Standards for Evaluating Conditional Uses" and based on
a "Finding of Consistency" with the objectives and policies of
the Comprehensive Plan subject to the following conditions:
1- Improvements to Lots 8-12 as identified by the Board
under "Items to be resolved" Section of the staff
report.
Forward a recommendation of Approval of the Site Plan for Lot 7
based upon positive findings with respect to Section 173.848
"Standards for evaluating Site and Development Plans" and subject
to the following conditions:
1- Submittal of revised site plan addressing the following
items:
- provide direction, height and lighting type for Lot 7
- providing traffic control i.e. signage, marking, etc.
per Section 173.870(E)(9).
\
P&Z Staff Report
Fleet Leasing Expansion
Page 16
2. Submittal of revised landscape plans addressing the
following items:
- provision of the required landscape treatment along the
alley adjacent Lot 7 i.e. 10' landscape strip, 6 ·
decorative masonry wall and trees 25 . on center.
- items ( 1 ) thru (5) under Landscape Section of Technical
Items portion of this report.
3. Either construction of the alley to City Standards from S.E.
3rd Street to the north property line of Lot 7 or provision
of a financial guarantee for 1/2 of the alley adjacent lot
7, as determined by the Board.
4. providing topographic conditions of property and 50'
off-site pursuant to Section 173.870(J).
5. Subject to resolution of all Code deficiency between the
approved landscape plans for Lots 12-8 and existing
conditions identified in the staff report under the
description section, prior to Certificate of Occupancy on
Lot 7.
6. Provision of a Unity of Title for Lots 12-7.
PD/t33/FLEET2.TXT
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City ':. f Delray Bea.: h
Planning and Zoning Department
100 N.W. 1st Avenue
Delray Beach, Fl c,r ida 33444
August 15, 1 '3'30
Deal'" Sirs,
In respc.nse to Public Nc.t ice # 6-372, we are oppc.sed tel
Fleet Lease D i sp,::.sal , In,: . expanding the i r fa.: i lit i es on the
west side of S.E. 5th Avenue, between S.E. 2nd and S.E. 3r d
Streets. At a time when the ,:ity of Delray Beach is ln the
Py c'c ess c, f yedoing and yenewing the dc,.....ntc.wn sec t C'Y' , enl aT' g-
ing an automobile dealership in that area seems to be
counterproductive.
S. E. 4th Avenue, a highly populated residential ar ea,
already has mc,re than a reasonable amount of truck t r a f f i.: on
it. SUY'ely, the Lise c.f mor e 5-ax 1 e .: aY' carr iers .:.n this
street will only ,:ause further br eakd,:.wns (:! f the roadway.
Perhaps a viable alternative would be to relocate Fleet
Lease Disposal, Inc. t.:. a 1 ar ger pie,: e of pr,:,perty in a m.:,re
apprc,pr iate 1 CrC at i on .....ithin the city. This move W':'Lll d give
the .:c::.mpany the spa.:e that they need and '"K'Lll d als.:. give the
.: i ty a more comprehensive do.....nto.....n ': ompos i t ion.
Thank yr:.U fQr yc.ur ,:.:)ns idel'" at i.:,n in this matter,
Sin.:erel y, .., ,
V(
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Wayns 131" ambo.....
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RECEIVED 333 S.E. 4th Avenue
. Del ray Bea.: h , F 1,:,1" i d a 33483
,
lilt:, gO
'I\jN\NG p~ lONING
"
F RA N K W. 0 Ll v E
CO UN SE LLOR AT LAW
441 SPRINGFIELD ,",VENUE
P O. BOX 127
SUMMIT, N, J 07901
201 -273 6666
August 15, 1990
Planning and Zoning Board
City of Delray Beach
City Hall
100 North West First Ave.
Delray Beach, Fl 33444
RE: Public Notice #6-372
Gentlemen:
I am the owner of properties on Southeast Fiftn
Ave. Lots 3&4, Block 104 and I am opposed to the us
of Lots 7,8,9 & 10 in Block 103 for parking lot purposes.
I cannot be in Delray for the hearing on August 20th
but I sure would like you to know my feelings on the
matter.
Federal Highway (Fifth Avenue) in Delray Beach
is now overloaded with automobiles, sales rooms, lots
and buildings to the extent that it is an eyesore to
anyone using the federal highway. Delray Beach is a
beautiful city and the town fathers have been doing
a great job of making it cleaner all the time. It seems
to me that the zoning board could give them a hand at
being careful in what they allow for permitted use.
Yours very truly,
/ .-- -.. .
,'- ""
.~ /' //' .
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Frank W, Olive
FWO:kml
R- "'"' -"VED
't:.Vi.::~ '
AUG I S1
- ...- ~. .
~,.". PLANNING & ZONING
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~ E - MEETING OF AUGUST 28 , 1990
REQUEST FOR EXTENSION OF CONDITIONAL USE AND SITE PLAN
DATE: August 24, 1990
We received a request for extension of conditional use and site plan
approval for the Isle of Delray SAD (Special Activities District).
The Isles of Delray is a proposed 148 mixed unit residential project
composed of zero lot line patio homes, townhouses, and villas. It is
to be located on the north side of Lake Ida Road, east of 1-95. The
project was originally approved in 1983 with PRD-4 Zoning. In 1984,
the project was placed in the SAD designation. In 1986 an
interpretation was made that the project would remain valid until
1988. Subsequently, in 1988 an extension was granted which expired in
July 1990.
As in previous requests, the applicant is seeking an extension of the
site plan approval received in 1983 with no changes to development
requirements. Pursuant to the proposed Land Development Regulations,
any extension granted at this time would not be eligible for another
extension. Thus, if this project does not become established prior to
expiration of this extension, a new application and complete upgrading
under current regulations would be required. No site work has
occurred on this project since 1983. However, the project is vested
under terms of the County Traffic Performance Standards. All other
concurrency requirements of the City's Comprehensive Plan have also
been met.
The Planning and Zoning Board at their August 20th meeting recommended
approval of a fifteen month extension.
-',
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~jE~=ISTRATIVE ASSISTANT III
FROM: ~ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 28, 1990
CONSIDERATION OF A REQUEST FOR EXTENSION OF CONDITIONAL
USE AND SITE PLAN APPROVAL FOR THE ISLES OF DELRAY
S.A.D.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a request to extend the period of validity of
the conditional use and site plan approvals granted for the
Isles of Delray S.A.D. for an eighteen month(s) period which
is tied to certain conditions regarding availability of
acceptable levels of service (please see the Plannlng and
Zoning Staff Report for specifics).
The Isles of Delray is a proposed 148 mixed unit residential
project of zero lot line patio homes, townhouses, and
villas. It is to be located on the north side of Lake Ida
Road, east of I-95.
BACKGROUND:
The project has 148 units on 40.73 acres (density of 3.63 u/ac).
Original approval was in 1983 under PRD-4 zoning. In 1984, the
project was placed in a SAD designation. An interpretation made
in 1986 determined that the project would remain valid
until 1988. In 1988 an extension was granted. No site work has
occurred since 1983 and another extension has been requested.
Since the last extension the project has received a required
permit from SFWMD.
Pursuant to the proposed LDRs/any extension granted at this time
would not be eligible for another extension. Thus, if the
project does not become established prior to expiration of
another extension, a new application and complete upgrading to
the then applicable regulations will be required. At present,
the project is vested under terms of the County Traffic
Performance Standards. All other concurrency requirements of the
City's Comprehensive Plan are also met. Thus, the project could
commence construction with respect to concurrency.
As in 1988, the agent is seeking an extension for the site plan
as approved in 1983 i.e. no changes to development requirements.
'IE
City Commission Documentation
Consideration of a Request for Extension of Conditonal Use and
Site Plan Approval for the Isles of Delray S.A.D.
Page 2
Attached is the Planning and Zoning staff report of August 15,
1988, and the Planning and Zoning Staff Memorandum of August 20,
1990. These memos provide a complete description of the project
and current options.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed this request at its
meeting of August 20, 1990. On a unanimous vote of 5-0, the
Board recommended the granting of a fifteen (15) month extension.
RECOMMENDED ACTION:
By motion, the granting of a fifteen month extension to the
conditional use and site plan approval for the Isles of Delray as
approved by SAD Ordinance 3-84, as extended by Ordinance 150-88.
Attachment:
* P&Z Staff Report (memo) of August 20, 1990
* P&Z Staff Report of August 15, 1988.
DJK/#71/CCISLES.TXT
n__.
(.....\ n
"-
.- -
PLANNING AND ZONING BOARD NENORANDUM STAFF REPORT
TO: PLANNING AND ZONING BOARD
~- CIT~ OF DELRAY BEACH
(J ( \ J
t~;. ~. \~,J(~/-'\L........
FROM: "'---DA D J. KO'trACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: AGENDA ITEM IV.E REGULAR MEETING OF AUGUST 20, 1990
CONSIDERATION OF A REQUEST FOR TIME EXTENSION FOR THE
ISLES OF DELRAY S.A.D.
ITEM BEFORE THE BOARD:
The action requested of the Board is that of making a
recommendation on a request for an extension of approval for
a project subject to conditional use and site plan approval.
The project is the Isles of Delray, S.A.O.
j
BACKGROUND:
Attached is the staff report which was prepared for a previous
extension request which was before the Planning and Zoning Board
in August of 1988, and finally granted by the City Commission on
January 10, 1989.
The chronolcgy of events since the writing of that staff report
is as follows:
August 15, 1988: The P&Z Board recommended that a two year
extension be granted with a condition that within six months a
traffic study be conducted and the developer be responsible for
all off-site street improvements which are deemed appropriate.
The Board's recommendation was based upon the owner's position
that he has been a victim of the bureaucracy of permitting
agencles with respect to DER and SFWMD regulations. The Board
did not make required findings.
August 23, 1988: The item was not placed on the City Commission
agenda at the request of the applicant. A date of October 11th
was set for consideration.
October 11, 1988: The item was continued to November 8th at the
request of the applicant.
October 17, 1988: Following receipt of the City Commission
documentation which transmitted the Board's recommendation,
several Board members indicated their intent to have pursued an
alternative course of action MS. A reconsideration of the
recommendation was placed on this agenda: however, it was deemed
to be an improper item (procedurally) and was not considered.
~e:
P&Z Staff Report ('\ r:'
Consideration of a k~quest for Time Extension cr the Isles of
Delray S.A.D.
Page 2
November 8, 1988: First reading of Ordinance 150-88, which
granted an extension, was approved with an added condition that
the developer participate in a pro rata share with the
installation of a traffic signal if one is warranted.
December 12, 1988: There was a modification to the enacting
ordinance and it was approved again at first reading. The change
dealt with traffic study requirements.
January 10, 1989: Second reading of the enacting ordinance was
held after a modification was made to have the traffic study be
provided concurrent with the plat submission. Approval was
granted. The ordinance granted an extension for 18 months from
January 10, 1989. It also referred to "all other terms and
conditions contained in Ordinance 3-84 . . . to remain in full
force and effect". It has been interpreted to mean that the
project does not need to be upgraded to the then current
standards.
April 24, 1990: A request for excension was filed. That request
was for eighteen months "after all public facilities as to which
Concurrency applies are operating and available to the project at
the required Levels of Service. Also, that if after attaining
the required Levels of Service a public facility falls below the
required Level of Service so the project cannot proceed, that the
18 months would be tolled and recommence again when all public
facilities are operating and available to the project at the
required Levels of Service".
The request was placed on a low priority for processing and has
now come before the Board for consideration.
An overall chronology for the project is as follows (see the
August 15, 1988, for details}:
'* Prior to 1983, a single family subdivision meeting R-1-AAA
standards existed
'/( October, 1983, approval was granted for a site plan under
PRD-4 zoning
'/( January, 1984, the project was converted to a S.A.D.
'* May, 1986, it was determined that the site plan was to
remain valid for an additional two year period.
* March, 1988, an extension request was filed.
* January, 1989, the extension was granted with a new
expiration date of July, 1990.
* April, 1990, an extension request was filed.
, P&Z Staff Report ( ~.. (- )
Consideration of a Hequest for Time Extension tor the Isles of
Delray S.A.D.
Page 3
Intervening Events: Since the last extension was granted, the
following events have occurred:
* The County Comprehensive Plan and concurrency programs have
been adopted.
* The County Traffic Performance Standards and Municipal
Implementation Ordinances have been adopted (concurrency
implementation program).
* The City's Comprehensive Plan has been adopted. The
following policies which pertain to extensions of previously
approved projects are contained therein:
Policy A-5.2 (Capital Improvement Element), in-part, states:
"Any conditional use and/or site plan which does not vest
itself pursuant to the land use regulations of the City
shall, at the time of its consideration of extension, be
subject to the provisions of Objective A-7/1.
ObJective A-7: "For any land use project which requires
review and action by the Local Planning Agency (LPA) or the
City Comm1ssion, the LPA shall review the project with
respect to all facets of the Comprehensive Plan. Upon such
review, the LPA shall provide findings addressing
consistency of the project with the Plan. A finding of
overall consistency must be made in order for the project to
be approved and shall include specific reference to the
manner in which public facility needs created by the project
will not exceed the ability of the City to fund and provide
or to require the provision of the needed capital
improvements."
* With the adoption of the Comprehensive Plan, the Future Land
Use Map designation for this property changed from PRD-4 to
Low Density Residential.
PROJECT ANALYSIS:
Request: The extension request is for acceptance, as is, of the
1983 site plan; and, for an 18 month validity period which is not
to commence until Lake Ida Road is widened. Widening is
currently scheduled for FY 92/93. Thus, if approved as
requested, the extension would run until sometime in 1994 or
1995. (It's my interpretation that the Isles of Delray project
would not commence construction until after concurrency on the
road system was met.)
Previous position regarding uograding: By memorandum of August
10, 1988, the City Attorney provided /II concur with your position
that although this is a policy matter as to whether or not an
approval should be granted, no such approval should be granted
without there being conditions affixed thereto requiring
conformance with current applicable codes, as well as the
obtaining of any necessary variances from the Board of
Adjustment".
P&Z Staff Report ,..... Il
consideration of a Request for Time Extension for the Isles of
Delray S.A.D.
Page 4
Previous position regarding granting an extension: The
Director's position is the same as in 1988 i.e. that either
Alternative Action j2 (Denial) or.5 (approval with a full
submission made within six months) are appropriate. There have
been no changes in the project nor has there been any new
submittal material provided in the intervening 18 months.
Implications regarding zonina map designat~on: A City-wide
revision to the Official Zoning Map is currently before the City
Commission. The action taken on the extension request will
affect the designation on the zoning map. At present the
proposed zoning map shows the property as PRD-4 (the base zoning
district under which the site plan was originally approved). The
Association representing the adjacent neighborhoods has requested
that the property be zoned R-I-AAA (i.e. the same as adjacent
properties). The project's agent has requested that the SAD
designation be retained.
If an extension is granted, the SAD designation should remain.
If an extension is not granted then any of the three designations
could be affixed. The Board has declared that it shall make a
recommendation as to the most appropriate zone district
designation concurrent with action on the &xtension request.
ASSESSMENT:
This project has already received two extensions and has a "life"
of seven years. During this period there has been no
construction undertaken with respect to implementation of the
approved site plan. There is no information in the file that
project planning activity has occurred since issuance of the DER
permit in October of 1987. The site has had a "for sale" sign on
it for many years. It appears that there is not a serious intent
to develop the property pursuant to the Isles of Delray SAD site
plan.
The site plan does not reflect a design which meets today's
development regulations. Upgrading to comply with current
codes is a part of the current land development regulations.
The requested extension is for a longer period of time. During
that period of time, the traffic count allocated to the project
is computed in traffic projections and, as such, diminishes the
potential for other projects to develop.
Rejection of the extension request is supported by provisions of
Section 173.849(B); by policy which does not accommodate more
than one extension: by requirements that a project be upgraded
to current codes; and by the fact that concurrency is not met in
terms of traffic performance standards compliance.
P&Z Staff Report ( I ('\
Consideration of a kequest for Time Extension for the Isles of
Delray S.A.D.
Page 5
REQUIRED AND ALTERNATIVE ACTIONS:
A. An action is required on the extension request. Alternative
courses of action are the same as described in the August 15,
1988, staff report.
B. A recommendation as to the most appropriate zoning
designation to affix under the City-wide (LDR) rezoning is
necessary. Alternative designations are:
1- SAD (with or without a site plan)
2. PRD-4 (the previous zoning)
3 . R-I-AAA (zoning identical to adjacent developed
properties to the north and east).
RECOMMENDED ACTIONS:
By separate motions:
A. Forward a recommendation to the City Commission that the
extension request for the Isles of De1ray S.A.D. site plan and
conditional use approvals be denied based upon:
1. a failure to make satisfactory findings with the
standards for evaluating conditional use and site plan
requests.
2. a finding that the project has not shown satisfactory
progress in the pursuit of necessary development
approvals e.g. platting, SFWMD Permit, and detailed and
coordinated site development plans.
3 . a finding that concurrency is not met with respect to
traffic conditions on Lake Ida Road which is presently
operating below an acceptable level of service.
4. a finding that the proposed development does not comply
with development regulations and standards which have
been adopted since the initial approval (1983) and that
upgrading to current regulations is a development
requirement.
B. Forward a recommendatlon to the City Commission that the
most appropriate zoning designation to be shot-m on the Official
Zoning [-lap is that of R-1-AAA in that lt is ~onsistent with the
Future Land Use f'lap and that it is the most consistent wit.h
adjacent zcning to the north and east.
Attachments:
'* extension request letter
* St&ff Report 8r ::',~gus t 15, 1938
"
, ( I
n
L.'I W 01'11':1'_<; Of
ROGER G. SABERSON, P,A,
DF.lJlA" E.'l(T.C1,,'T1\"E MALI.
110 EAST AnA~'T1C A"El'a:F.
lJF.LRA Y RF.ACIf, fl.ORmA JJ444
nOS1272-M16
Apri 1 24, 1990
Mr. David Kovacs, Planning Director
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
RE: APPLICATION FOR EXTENSION OF TlHE FOR THE SITE AND DEVELOPMENT PLAN AND
CONDITIONAL USE APPROVALS - ISLES OF DELRAY (ORIGINAL APPROVAL IN ORDINANCE 3-
84 AND AMENDED IN ORDINANCE 150-88)
Dear Mr. Kovacs:
Please consider this letter a formal application for an extension of time
for the Site and Development Plan and Conditional Use Approvals for the Isles
of Delray Project referenced above, The extension of time requested is to allow
both approvals to remain in effect for a sufficient time period so that an
additional eighteen (18) months will elapse for both the Site Plan and
Conditional Use Approvals after all public facilities as to which Concurrency
applies are operating and available to the project at the required Levels of
Service. Also, that if after attaining the required Level of Service a public
facility falls below the required Level of Service so the project cannot proceed,
that the 18 months would be tolled and recommence again when all pub lie
facilities are operating and available to the project at the required Levels of
Service. !
, , ,I I,
- . , '
Co-Counsel with me on this request is Hr, Al Malefatto, Shapiro & Bregman,
P.A, , Phi llips Point, 777 S. Flagler Dr" Suite 310 East, West Palm Beach, FL
33401. Please send a copy to Mr, Malefatto of all correspondence, staff reports, r I"
etc. with regard to this request,
It is my understanding based on previous practice, which was confirmed in
a telephone conversation this morning by Jasmin and Paul in your office, that
there is no specific form of application for an extension request and that a
letter will suffice.
We appreciate your cooperation in regard to this matter, and if you have
any questions concerning the request please don't hesitate to call me,
Sincerely yours,
r1bjv1M~
ROGER G. SABERSON
--
cc: Mr. Gilbert Goldstein ,.r .- "-
Al Malefatto, Esquire ' RECEIVED .!
.
J 1m 2 4 90
rLANNING & ZO~:I:
,
,
"-'-..0- _..__.. ..
( \
PLANNING B ZONING BOARD
CITY OF OELRAY BEACH
- -- STAFF REPORT
- --
MEETING rnTE : AUGUST 15, 1988
AGENDA ITEM: IV. C
CONSIDERATION OF A REQUEST FOR TIME EXTENSION OF SITE PLAN APPROVAL FOR
ITEM: ISLES OF DELRAY RESIDENTIAL DEVELOYKENT ON THE NORTH SIDE OF LAKE IDA ROAD.
,
. .
~:..-:.~;';.:'
eO..
:3ENERAL DATA:
OWner.......................", .Delray Islands, Inc.
Agent..................."."..,Roger Saberson
Location..................."...l1orth side of LaJ.:e Ida Road
between the L.W,D.D. E-4 Canal
and Lake Ida Shores.
Property Size.................. .14.17 Acres (251,500 Sq. ft. )
City Land Use Plan...........".FRD-4 (Planned Residential -
4 units/acre)
City Zoning............,........SAD (Special Activities District)
Adjacent Zoning........,.....,.,tlorth and east of the subject
property is zoned R-lAAA (Single
Family Residential). South is
zoned R-lA and west is zoned
R.lAA,
Existing Land Use......."".",Vacant land
Proposed Land Use....,.,.,.."..l48 unit develcF~ent comprising
of (zero-lot line) Fatio homes,
to~nhouses and villas,
Water Service.........",.",.. .Partially served by City mains. / "
ITEM:f,. L
Sewer Serviee.......,.".,."" .Partially s~rved by City mains,
I I ,
ITEM BEFORE THE BOARD:
The action requested of the Board is that of making a
recommendation on a request for an extension of approval for
a project subject to conditional use and site plan approval.
Code Sections 173.849(B) and 173.868(B) set forth the
procedures and requirements for consideration of extensions.
Code Sections 173.848 and 173.867 set forth the standards
upon which the decision to grant the request must be
weighed.
The project is the ISLES OF DELRAY S.A.D. This S.A.D.
involves a granting of conditional use and a site and
developmen~ plan, each of which is governed by the above
noted code sections.
BACKGROUND:
Prior to 1983, the land known as Isles of Delray had ~ I
development plan for one hundred (100) single family lots. Th I
lot sizes ranged from 15,000 sq. ft. to 23,000 sq. ft. During f
the review and approval of the subdivision, there was
considerable focus upon traffic circulation as it relates to
accessing developed property to the east. During the review
process, a connection of N.W. 8th Avenue to Lake tda Road was
rejected, and then a connection of Enfield Road between the
projects was rejected. The resulting pattern is what exists
today -- a single access to Lake Ida Road at the west end of the
property. Water and sewer mains were installed and some street
paving was completed. Thirty-eight (38) lots were platted. Five
( 5 ) homes were constructed.
In 1983, a development proposal (PRD-4) consisting of the
following elements was put forward:
- 40.73 acres of the original development was involved
(fourteen -14- of the original single family lots are
not included, there are homes on five -5- of those
lots) ;
- 106 zero lot line units and 48 townhouse units;
- provision of a water feature by widening the canals to
sixty feet (60'), providing a boat loading area, and
providing water access to Lake Ida;
- provision of a recreation center in the southeast
portion of the site; and,
- relocation of the access to a point across from
Roosevelt Avenue.
'To: Planning an ning Board \
Re: ' Conditional Use and Site Plan Approval --Isles of Delray
Page 2
When this proposal was before the Planning and Zoning Board,
concerns of density, potential' for low income housing, and a
demand for a six foot wall and a twenty-five foot buffer between
existing development and the proposed development were aired.
Specific opposition was aired about the multiple family units,
use of canals, traffic impacts upon Lake Ida Road, and the
location of the recreation facilities in the southeast portion of
the site. During the debate, it was noted that the proposal had
a density of 3.8 units per acre, which is a density typical of
R-1-AA zoning. In July, 1983, the Planning and Zoning Board on a
4-3 vote recommended approval of PRD-4 as a Land Use Plan
Amendment and as a rezoning.
On October 25, 1983, the City Commission on a 3-2 vote approved
the Land Use Plan Amendment, the rezoning, and a site plan. The
site plan was to expire on May 4, 1985.
Immediately thereafter, the city Commission (with concurrence of
the property owner) initiated a rezoning to S.A.D. At a December
19, 1983, planning and Zoning Board hearing the rezoning was
recommended for approval on a 6-1 vote subject to certaih I
modifications being made and other conditions being imposed. The I
most significant of these were: ,
- varying of setbacks,
- at least four housing styles with no two identical
styles next to one another,
- a reversion clause to R-1-AA,
- an eighteen month time limitation,
- a 10% reduction in unit count, and
- relocation of the recreational facilities including the
elimination of tennis courts.
On January 24, 1984, the City Commission approved the S.A.D.
zoning on a 3-2 vote and imposed the following:
- a reduction of four ( 4 ) units
- platting
- provision of a traffic impact analysis
- dedication of right-of-way for N.W. 8th Avenue
- relocation of recreation facilities
- approval to run from twenty-four months from the time a
building permit is issued.
The Director of Planning made an interpretation of the last item
to mean twenty-four months from the date of site plan approval,
and in May, 1986, the city commission considered the question of
the validity of the project's approval. On May 13, 1986, a
determination was made that the site plan would remain valid for
a two year period. That approval would have expired on May 14,
1988; however, an agent filed for an extension in a timely
manner. Since the extension request was properly filed, the
To: Planning and . . ,.1g Board \
Re: Conditional Use and Site Plan Approval - ~sles of Delray
Page 3
conditional use and site plan remain valid while the request is
under consideration.
PROJECT ANALYSIS:
Applicable Regulations, Criteria, and Procedures: Code Section
173.~49(B)(3)(b) applies in that no development has occurred under
the approved site plan. This section provides:
"... The application shall be evaluated in accordance with
the criteria set forth in 173.848 which relates to an
original application for conditional use approval. If an
application is to be analyzed under this division, the
Planning Director may require the submission of such
additional and current information as he may deem
appropriate to evaluate the application. "
. . .
In analyzing a request for extension the normal points which are
addressed include: ( ,
I
1. Has there been progress made in the project's . ,
continuing review and approval process?
2. Have there been changes to the City's development
regulations which affect the project?
3. Have there been changes in circumstance which affect
the standards of Sections 173.848 and 173.8671
Recent changes to the City's zoning code have made it clear that
compliance with current standards is mandatory.
Progress regarding the continuing review and approval process:
Some of the major aspects of the continuing review and approval
of the Isles of Delray site and development plan include water
management plan approval, a traffic study (condition of
approval) , and platting. Each of these major items are addressed
as follows:
Water Management Plan: Conceptual approval of the
project's surface water management plan was granted by the
South Florida Water Management District (SFWMDJ on March 29,
1984. That approval was valid for a period of two years.
Thus, it expired in 1986.
Related to the water features of the development plan is the
need for a State Department of Environmental Regulation
(DER) permit for revisions to the canal system, making the
connection to Lake Ida, constructing the boat dock facility,
storm water system modifications, and an aquatic planting
program. This permit was approved in October, 1987, and is
.......
.To: Planning an I ling Board \
Re: Conditional use and Site Plan Approval Isles of Delray
Page 4
valid for five years. However, a condition of approval of
this permit is the approval of the water management plan
identified above.
Traffic Study: Subsequent to the S.A.D. approval, a traffic
study was provided to the City Engineer. The focus of that
study was only upon the need for signalization at Lake Ida
Road and Roosevelt. At that time the study concluded that a
signal was not warranted. Since four years have passed
since that analysis, it is appropriate to revisit
signalization and overall traffic impacts (pursuant to new
standards) concurrent with consideration of this extension
request. However, the agent for the project requested that
a traffic study not be required preceding consideration of
the extension based upon a position that if the project is
denied for other reasons, the study would have been a waste
of resources. Instead he proposed that if an extension is
granted, a traffic study would be provided within six months
and additional conditions of approval could be imposed upon
the project, at that time, based upon the determinations Ofr I
the traffic study (correspondence from Saberson to Barry, I
City Manager, dated May 31, 1988). , I
Platting: No submissions have been made relative to
platting. A property survey was requested as a part of the
extension request submittal. The agent sought deferral of
such a survey pending approval of the extension request and
was granted it administratively (see above reference).
Changes to City Development Regulations:
The site and development plan as approved by the City Commission
in January, 1984, was assessed by the City Administration as a
part of the extension review process. The following major items
were noted:
Streets and sidewalks: The street system was proposed to be
private; however, fourteen lots which are not a part of the
Isles of Delray have their access through the project. This
is not a desirable practice. Either very special
provisions must be made for this circumstance or a public
street should continue to serve the existing lots.
Sidewalks are not provided on both sides of the street
system. In some cases sidewalks are placed adjacent to the
street pavement (a two foot green area is required). Proper
waivers were not granted previously. Given the proposed
improvements and traffic pattern (vehicles and pedestrians),
the staff consensus is that the full right-of-way (or
private street section) of fifty feet ( 50' ) with sidewalks
on both sides should be provided. In limited areas only
would a waiver to the sidewalk requirements be considered.
To: planning ant '_ng Board \
Re: Conditional u~e and Site Plan Approval Isles of Delray
Page 5
Parking: The project provides two parking spaces for each
townhouse unit. Further these spaces are provided in
tandem. Current requirements are for 2.5 spaces for the
townhouse units, and tandem parking is not acceptable for
meeting parking requirements. Accommodating current
standards will necessitate redesign and/or reduction of
units.
Backing from the on-site parking area provided for townhouses
into the street system is not allowed - backing into the
aisle system of a parking area is allowed. Backing into the
street system occurs along Maple Leaf Way. Acconunodating
current standards will necessitate redesign and/or the
reduction of units.
Proper back out maneuvering areas ( 6 ' X 24') are not
provided at the recreation center and within the townhouse
areas.
Traffic Impacts: The current traffic count on Lake Ida
Road is 13,260 ADT (measured east of 1-95). The threshold (
for LOS "0" is 13,100 AnT (traffic report prepared for
Sherwood Forest) for a facility like Lake Ida Road. In that
Lake Ida Road is beyond the threshold of LOS "0", Isles of
Delray is to be required to provide appropriate upgrading
of Lake Ida Road westerly to Congress.
Landscaping and Irrigation: The PRO concept requires a
central irrigation system. While a note is provided to this
effect, irrigation system plans have not been provided.
Details of the landscaping along Lake Ida Road have not been
provided. A ten foot landscape area is required and is not
provided. Hedging is provided instead of a wall. Single
family lots abut Lake Ida Road thus calling into question
maintenance responsibilities for the perimeter landscaping.
Each of these matters needs to be addressed as a part of an
approval (or extension) action.
Tree spacing along Lake Ida Road exceeds the maximum
permitted of forty feet on center. A tree survey and an
attempt to incorporate existing vegetation into the
development plan are not reflected in the materials which we
have.
Docks: A docking area is shown on the site plan but is not
provided for on the landscape plan. The area shown on the
site plan does not provide for maneuvering of vehicles or
for adequate access to the water.
utility Systems: Lift station *11, which serves this
project, will need to have its pumps upgraded to accommodate
projected flows. Also, several manholes will need to be
relocated.
To: Planning am. , ling Board f ,
Re: Conditional Use and Site Plan Approval . Isles of Delray
Page 6
Lot Layout: Several lots may have problems with either
setbacks or frontage. Lots 7, 8, 9, & 10 appear to use
cul-de-sac standards which are not appropriate for them.
Similar situations occur elsewhere. Distances between
townhouses may not be consistent with code; calculations
must be provided.
In addition to the above items, there are numerous technical
items which would be required on the site plans were this a
submittal being made in 1988. The approved plan is only slightly
more than a concept plan. It does not reflect current standards
for a complete submission.
Standards for Evaluating Conditional Uses (173.848): At the time
of initial approval, there was no written analysis of these
standards; thus, each standard is assessed for purposes of this
review.
( I ) Ingress and Egress: The alignment of the entry with
Roosevelt Avenue is unsatisfactory. Even Without
benefit of a traffic study, it is evident that change
will need to be made to the alignment of Roosevelt.
I These changes are the responsibility of Isles of
Delray.
Emergency access is not adequate; however, this can be
accommodated by providing a stabilized sod base over the
play area between the "Enfields".
Pedestrian movements are not accommodated in a safe and
convenient manner. Sidewalks are not provided along the
recreation area. Automobile facilities are not
provided for the docking area.
( 2 ) Off-street Parking: These requirements are not met.
Please refer to the section pertaining to current
requirements for details.
( 3 ) Refuse and Service Areas: The location of the
dumpsters require garbage trucks to back through
traffic areas. Dumpsters need to be relocated and
appropriate screening provided for them.
( 4 ) Utilities: The sewer system needs upgrading through
the relocation of some manholes and pump upgrading at
lift station *11.
( 5 ) Screening: The required landscaping area along Lake
Ida Road is not provided. Specific provisions for
maintaining perimeter landscaping has not been
provided.
( ,
,To: ,Planning and , ,lg Board
Re: Conditional Use and Site Plan Approval - .dles of Delray
- ., - n
To: Planning anI. ::ming Board
Re: Conditional Use and Site Plan Approval . Isles of Delray
Page 7
There is no fencing or hedging, nor is there extensive
landscaping between this project and existing
development to the north and east; however, there is a
separation provided by the canal system.
( 6 ) Signs and exterior lighting: No signing or lighting
details are provided. Lighting at the tennis court may
affect traffic along Lake Ida Road.
( 7 ) Required setbacks and open space: The open space
requirements of the PRD-4 zoning (original approval)
are met through the inclusion of the water areas. Open
space for actual use are limited to the recreational
complex and an open ar,ea in the southeast portion of
the site. As laid out the site is not conducive to a
resident other than one without children i.e. will
cater to either a retired or singles market.
Setback compliance on several lots is questioned. See
comments under current standards for details. f
( 8 ) General Compatibility: There is no interaction
between this project and adjacent property except
through use of the canal system. The housing type and
overall density is not inconsistent with adjacent
residential uses.
( 9 ) Height and general harmony: No apparent problems or
conflicts exist.
(10) Economic effects on adjacent and nearby properties and
. the City as a whole: If this project were actually
developed it would have a positive impact upon adjacent
properties and the City. At present the site is an
eyesore and is not well maintained. Attempts to have
the owner improve the appearance along Lake Ida Road
have met with difficulty. This property is in a state
of deterioration, almost any type of development upon
it would be beneficial from an economic impact
perspective.
Standards for Evaluating Site and Development Plan Applications:
At the time of initial approval there was no written analysis of
these standards; thus, each standard is assessed for purposes of
this review.
( A) Sufficiency of Statements and Graphic Materials: The
submission is sufficient to determine that the project
does not comply with current codes. Additional
information and greater detail is necessary to provide
a complete analysis and plan check of the site and
- . . - .. . _ J _ ~ J - ... -... ---L.A....,_,
I '., .....,
conditioned that I ,
should b.... a subm. 3ion which meets
current standards is made and evaluated i.e. a short
term extension allowing for submission and review of
more detailed plans.
The agent has proposed that if an extension is granted,
a full traffic study, a proper survey, a complete CAB
submittal, and a tree survey will be provided within
six months.
(B) Density and impact upon adjacent property: The
proposed density is is 3.8 which is consistent with the
potential under the zoning which exists upon adjacent
properties.
(C) Ingress and Egress: This standard is not
adequately met. See item II under Conditional Use
Standards for details.
(D) Off-Street Parking: This standard is not adequatelYr
met. See item *2 under Conditional Use.Standards for
details. .
(E) Screens and Buffers: This standard does not appear to
be adequately provided for. See item *5 under
Conditional Use Standards for details.
(F) Drainage: A conceptual water management plan was once
approved by SFWMD but has subsequently lapsed.
Drainage is a technical matter which can be
accommodated through proper engineering and would be
specifically addressed with a plat submission.
(G) Sanitary Sewer: Pumps in lift station tHl must be
upgraded to accommodate this proposed development.
Existing manholes should be relocated in some
instances.
Overall plant capacity is adequate to accommodate the
proposed development.
(H) Utilities: Other utilities appear to be able to
accommodate the proposed development.
( I ) Recreation and Open Space: Open space is provided by
the water features of this proposed development.
Active recreation is provided through tennis courts and
a building/pool area. In addition, a vacant area is
provided in the southeast part of the site. Ten boat
docks are to be provided (per DER permit) at a central
~
. I I
.To: ,Plann~ng and 1 g Board \
I
Re: Conditional Us~ and Site Plan Approval - _&!es of Delray
Page 9
location, but no provision is made for embarking boats
or providing vehicular access to the boat dock area.
As designed, the project will tend to market toward a
retired, semiretired or singles market.
(J) overall Site Development: The proposed development is
unique and interesting. It provides for a mix of
housing types and provides a unique water amenity with
direct water access to Lake Ida. If upgraded to
today's standards and then built, this project may be
an asset. to the community and the immediate
neighborhood.
PROJECT ASSESSMENT:
Unfortunately, it appears that the project was reviewed at a
"conceptual level" during its initial approval and many details
which are necessary to make it truly workable have not been
addressed thoroughly. (Perhaps this is a factor in the project
not being developed.) That possible situation coupled with the
project being significantly out of compliance with today's codes (
dictate that the extension request cannot be approved without
upgrading. t
Another aspect of this project is just what does an action to
grant or deny the extension mean. consider the following:
Approval: An approval cannot be granted without also having
the Board of Adjustment grant numerous variances. The
variances are not justified since the project involves new
construction. Thus, an "approval" can only be given with
conditions which require compliance with the City's
development requirements. One of these requirements is
that the project not be constructed until Lake Ida Road is
improved between 1-95 and the project's entry (or that the
developer provide such improvement). Compliance with other
requirements will either dramatically change the design of
the project or will result in a significant reduction in the
number of units if the same design concept is maintained.
Denial: Denial of the extension will result in SAD zoning
without a site and development plan. Future development
would be subject to a site and development plan review at a
public hearing (processing would be as a major modification
to a conditional use). The guide for future development
plans would be the underlying PRD-4 designation on the Land
Use Map.
If a denial is made, the Board might also consider the
....: ..... appropriateness of rezoning the property. options are
PRD-4, which is shown on the Land Use Map, or R-1-AA, which
was the zoning prior to the 1983 map. Neither of those
designations provide sufficiently more direction than
leaving the status quo (SAD without a plan).
,To: Planning and . ..1g Board I
Re: Conditional Use and Site Plan Approval - .~les of Delray
Page 10
Reverting to R-1AA may end up being the most cost-effective
manner to develop the site since the infrastructure for the
original subdivision is essentially in place and since there
is a continuing market for single family detached
dwellings/lots.
ALTERNATIVE ACTIONS:
1. Continue with concurrence and direction.
2. Recommend denial based upon a failure to make satisfactory
findings with the standards for evaluating conditional use
requests and site and development plans with specific
reference to those standards pertaining to:
a) off-site traffic conditions (LOS on Lake Ida Road and
the geometries of the Roosevelt/Entry Road);
b) off-street parking and internal traffic and pedestrian (
matters;
I
c) inadequacy of screening from existing residences to the
north and east;
d) insufficient capacity in lift station *11 to
accommodate sewage flows and not proposal to increase
capacity;
e) improperly designed and screened refuse areas~
f) inappropriate open space and recreational facilities in
terms of the housing market which is desired by the
City, i.e. , young families and a lack of adequate
facilities at the docking area; and
based upon the fact that the proposal has not shown
satisfactory progress in pursuit of necessary
development approvals, e. g. , platting, SFWMD permit,
and detailed coordinated site plans.
3. Recommend approval for a time certain without any further
submission or conditions except that whenever the developer
wishes to proceed with the project, development plans
(architectural, site, landscaping, subdivision, engineering)
which comply with the City's development regulations must be
submitted and appropriately processed.
This alternative is not recommended in that it leaves the
project open mainly as a speculative venture and does not
provide the City with a realistic map of the type of
development which may occur on the property. In addition,
,
Planning and. &.lng Board I )
'To:
Re: Conditional Use and Site Plan Approval - ~sles of Delray
Page 11
it has the potential to politicize the processing of future
development plans, since (in all likelihood) an agent will
argue that the project is vested in the 1983 plans because
an extension was granted.
4. Recommend approval for a time certain for the plan as
previously approved.
This alternative is not possible since the City's codes
require compliance with existing codes and the project does
not so comply. If the developer wishes to proceed with this
option, he should seek variances from the Board of
Adjustment prior to action by the Planning and Zoning Board.
5. Recommend approval subject to conditions. Such an action
would be based upon a determination that compliance with all
the conditions will mitigate adverse findings. The
conditions would include the following:
a) that within six months (of City commission action) the I
following items must be provided, and accepted as I
sufficient for processing and action, pursuant to
procedures for a major modification of a conditional
use:
- normal submission items;
- a traffic study conducted, pursuant to Palm Beach
County's Traffic Performance Ordinance, and a
commitment by the developer to proceed with all
off-site improvements which are deemed necessary
to have Lake Ida Road and the intersection with
Roosevelt at LOS "c" throughout construction of
the project up to, and including, its completion;
- a complete tree survey and adjustments to the site
plan to accommodate significant vegetation which
exists;
- a complete C.A.B. submission package, including
colored elevations and sample board(s);
- a coordinated submission of site and landscaping
plans which accommodate the City's current
development regulations, which provide vehicular
and pedestrian access to the docking area, and
which adequately address screening from exiting
residential areas.
And, upon acceptance the above shall be processed and
subject to an action of denial or approval or approval
subject to conditions;
To: Planning anc ,ling Board \
Re: Conditional use and Site Plan Approval . Isles of Delray
Page 12
b) that a preliminary subdivision plat submission be made
concurrent with the new site plan submission;
c) that a new SFWMD water management plan be obtained
within the six month period.
d) that a failure to make the above submission within the
six month period shall render this extension void; but
the owner may make a similar conditional use and site
and development plan submission at any time that is
deemed appropriate and timely, i.e. , the voiding of
the existing conditional use and Sl.te plan is made
without prejudice.
RECOMMENDED ACTION:
As of the writing of this staff report, the Director of f
Planning
and Zoning supports either alternative actions *2 or IS as
described above.
A further recommendation may be provided after consultation with
the City Attorney and public comment.
Attachment: Reduction of General Site Plan
REF/DJK#27/C:ISLESEX.TXT
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MEMORANDUM
l>-.._
--"
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 'J,K~
SUBJECT: AGENDA ITEM # q - MEETING OF AUGUST 28, 1990
SITE PLAN APPROVAL
DATE: August 24, 1990
We received a request for site plan approval for a proposed office
building (Weiner Office Building) to be located on the northwest
corner of Swinton Avenue and N.W. 1st Street. The development
proposal for this project consists of converting an existing
historical residence into an office building.
Two houses are situated on this site. One house, which was built in
the 1950's will be relocated to a lot in Pineapple Grove. The house
proposed for conversion consists of two stories with a carport and
porch. The carport and porch will be removed and the original facade
restored. A new addition will be added to the rear of the existing
building to provide for a total of 2,879 square feet of total floor
area.
At their August 15th meeting the Historic Preservation Board granted
the applicant a Certificate of Appropriateness and a variance allowing
a total floor area in excess of the 2,500 square feet as provided for
in the RO (Residential Office) District regulations. The Community
Appearance Board at their August 13th meeting recommended approval. A
detailed staff report is available for review in the City Manager's
office.
Recommend approval of site plan for Weiner Office Building subject to
conditions as recommended by the Planning and Zoning Board.
C I T Y COMMISSION DOCUMENTATION
TO: ERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
FROM:
ZONING
SUBJECT: MEETING OF AUGUST 28, 1990
CONSIDERATION OF A SITE AND DEVELOPMENT PLAN FOR THE
WEINER OFFICE BUILDING (1ST STREET AND SWINTON AVE.)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a site and development plan which involves the
upgrading and addition to property at the northwest corner
of N.E. 1st Street and Swinton Avenue.
BACKGROUND:
This is a straightforward request. The resulting development
will be a 2,879 sq. ft. two story structure involving elements of
an existing structure. The grounds will be improved to meet
code. Primary access will be off 1st Street.
Please refer to the P&Z Staff Report for a more complete
description of the project and its analysis.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board reviewed this request at its
meeting of August 20, 1990. On a unanimous vote of 5-0, the
Board recommended approval of the site plan, subject to
conditions. The Board also recommended that the requirement for
a two foot dedication for alley right-of-way be waived.
The Historic Preservation Board has granted a C.O.A. and has
approved variances to accommodate the project. The C.R.A. has
recommended approval.
RECOMMENDED ACTION:
By motion, approval of the site plan for the Weiner Office
Building based upon the findings listed in the P&Z Staff Report
and subject to the recommended conditions and granting of
dedication waiver as recommended by the Planning and Zoning
Board.
Attachments:
* Cover sheet and reduced site plan from the P&Z
Staff Report of August 20, 1990 'IF
.
LANN; I NG 8- ZONING BOARD STAFF REPORT
--- - --
ITY OF OELRAY BEACH
t--.;ETING rnTE: A"r.II~T ?O IQQO
AGeo=l ITEM: IV.C.
[T~: SITE PLAN. WEINER OFFICE BUILDING. LOCATED AT THE NORTHWEST CORNER OF SWINTON AVENUE
AND N.W. 1ST STREET.
C). 2 10 2 ! 10 2
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N 3 " 3 " I J "
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.
- fERAL DATA:
-
-
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . De1ray New Wave, A General
Partnership
Applicant.......................Michael S. Weiner, Managing
General Partner
Agent...........................Digby Bridges, Marsh, and
Associates
Location........................Northwest corner of Northwest 1st
Street and Swinton Avenue
Property Size................... .31 Acres
City Land Use Plan..............Transitional
City Zoning.....................RO (Residential Office)
Adjacent Zoning.................North, East, South, and West of
the subject property are zoned
RO.
Existing Land Use...............Single Family Residence
Proposed Land Use...............Office
Water Service...................l0.. water main along Swinton
Avenue and a 2" main along alley ITEM; IV.C
Sewer Service..... ..... .........8" sanitary sewer along alley
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM #qEr - MEETING OF AUGUST 28, 1990
SITE PLAN APPROVAL
DATE: August 24, 1990
We received a request for site plan approval for a proposed single
story retail building (Walgreen's) to be located on the northeast
corner of N.E. 4th Street and 6th Avenue between north and southbound
Federal Highways. The development proposal for this project includes
the construction of a 13,770 square foot free standing, single story
retail building. The property is divided down the middle (east and
west) by a 16 foot alley, a portion of which is to be abandoned and
widened to a 24 foot ingress/egress easement. The east portion of the
property contains Lots 10-16 and are proposed for the building,
parking and loading zone. The west portion, containing Lots 7-9 are
proposed for 33 parking spaces.
In addition to site plan approval the applicant is also requesting
Administrative Relief to allow compact parking spaces.
The Community Appearance Board at their July 25th meeting reviewed the
development proposal and recommended that additional low level
landscape material be added around the foundation of the building and
at the ingress/egress areas. There were no comments regarding the
building elevations or colors. Final project review by the CAB is
scheduled for September 12th. The Community Redevelopment Agency at
their August 13th meeting reviewed the development proposal. While
concern was express about using the alley for ingress to the loading
bay and semi-trucks using the 16 foot alley, they recommended
approval. The Planning and Zoning Board at their August 20th meeting
recommended approval subject to conditions. A detailed staff report
is available for review in the City Manager's office.
Recommend approval of the site plan for Walgreen's subject to
conditions as recommended by the Planning and Zoning Board and
contingent upon approval from the Community Appearance Board.
Additionally, recommend approval of request for Administrative Relief.
-
C I T Y COMMISSIOII DOCUMEIITATIOII
TO: LEVERETT, ADMINISTRATIVE ASSISTANT III
, ~~~
FROM: DA 1) J. OVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 28, 1990
CONSIDERATION OF A SITE AND DEVELOPMENT PLAN FOR THE
WALGREENS OF DELRAY PROJECT (NE 4TH STREET AND FEDERAL
HIGHWAY)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a site and development plan for a Walgreens
Store.
The property is 1.53 acres and is located just north of NE
4th Street between the one-way pairs of Federal Highway. The
property encompases the majority of the former (O.C. Taylor
aka Zankle aka Barnett site).
BACKGROUND:
The resulting development will be a 13,770 sq. ft. single story
structure. The project is rather straightforward but is
complicated by the need to integrate the south portion of the
alley into the project (hence future abandonment of this portion
of the alley); accommodating existing vegetation along 4th Street
while accommodating possible widening in the future; and,
accommodating water system improvements. Each of these items
have been negotiated and resolved between staff and the pro j ect
agents.
Please refer to the P&Z Staff Report for a more complete
description of the project and its analysis.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board reviewed this request at its
meeting of August 20, 1990. On a unanimous vote of 5-0, the
Board recommended approval of the site plan, subject to
conditions, The Board also recommended, on a 4-1 vote (Schneider
dissenting) that the policy requirement for upgrading and
extending a water main to the north property boundary be applied.
'1G
LANNING B ZONING BOARD ___ STAFF REPORT ___
ITY OF OELRAY BEACH
M~ETrNG rnTE: AUGUST 20. 1990
AGelJA ITEM: IV.D.
J TEM : SHE FLAN. W ALGREEN~ AT DELRA Y BEACH , LOCATED BE'NEEN NORlliBOUND AND SOUTHBOUND
FEDERAL HIGHWAYS (FORMER ZANKL PROPERTY).
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ENERAL DATA:
Owner...........................Barnett Bank
Applicant...................... .Dublin Associates, Limited
Kenneth T. Barber, Vice President
Agent...........................A. Lee Martin, Jr.
Location........................Northeast corner of Northeast 4th
Street and 6th Avenue
Property Slze...................l.53 Acres
City Land Use Plan..............General Commercial
City Zoning.....................SC (Specialized Commercial)
Adjacent Zoning.................North and East of the subject
property is zoned SC, South is SC
in part and GC (General
Commercial in part, and West is
zoned GC.
Existing Land Use...............Automobile sales facility for
repossessed vehicles
Proposed Land Use...............Single story retail building
Water Service.... ... ............6.. water main along the north
side of Northeast 4th Street and EM' IV
a 2" main along the alley IT,.
S.wer a.rvle............. ,... ...8" aanltary .ewer alonQ the allev
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~N - MEETING OF AUGUST 28, 1990
ALLOCATION OF FUNDING FOR OUTSIDE COUNSEL FEES
DATE: August 24, 1990
Within the City Attorney's Office budget there are three items related
to outside counsel and litigation expenses. They are legal services,
consulting and other professional services. The total money allocated
to these three line items for fiscal year 1989/90 was $138,000. To
date, the City Attorney's Office has already expended approximately
$122,000 of that funding. In addition there are approximately $75,000
of pending unpaid bills. And, we are anticipating that we will be
billed an additional $10,000 before the end of the fiscal year,
Therefore, it is necessary to allocate additional funding for
approximately $85,000 in legal fees. Several options exist to cover
these fees. Funding could be allocated from the City Attorney's
professional and consulting line item ($13,800), the electric current
line item ($7,000), and the capital budget ($15,000). Eventually,
$16,000 can be allocated from the stormwater utility fee, leaving
approximately $34,000 to be covered. Twenty three thousand dollars
($23,000) could be allocated from the General Fund prior year surplus,
thus making it necessary to identify a source for the remaining
$11,000. One possible source of funding is the Annual Physical
Program line item (Account No. 001-1311-512-32.15) which has a balance
of approximately $42,000.
Internal administrative action has already been taken to reallocate
those funds within the City Attorney's budget, Additionally,
subsequent to the City Attorney's original memo, several of the
balances in the referenced accounts have changed. Figures contained
in this memo represent the most current account balances. It should be
noted that the excess moneys identified in the City Attorney's budget
would be expended first, and then if necessary, any moneys allocated
by the City Commission.
Recommend consideration of allocating $23,000 from the General Fund
Prior Year Surplus and $11,000 from the Annual Physical Program
Account.
.,- ._ ___ _ J_:. _-=---~~~~~.'_" ___ ~__~____u_ _.
, .
I
I CITY A....ORNEY'S OFFICE :.,310S.E,lst STREET. SUITE 4 DELRAY BEACH, FLORIDA 33483
I 141 I 407/243-7090 TELECOPIER 407/278-4755
MEMORANDUM
Date: August 3, 1990
To: City Commission ~v
From: Jeffrey S. Kurtz, City Attorney
Subject: Outside Counsel Fees
Within the City Attorney~s Office budget are three items
related-to outside counsel and litigation expenses. They are
the legal services, consulting and other professional services
line items. The total money allocated to the three line items
is $138,000 in the 1989-90 budget and proposed to be $148,000
in the 1990-91 budget. The use of these line items are meant
to assist our office in handling labor, personnel, and pension
matters, as well as covering litigation expenses for matters
not handled by our self-insurance trust fund and acquiring
expertise---tor special projects. In addition to these funds
from funding sources other than the City Attorney's budget, the
Ci ty also hires outside counsel and incurs legal costs and
expenses in the areas of personal injury defense (paid from
self-insurance trust fund} , eminent domain actions (usually
included in the source of funding for land acquisition), bond
work (paid from bond.funds)and the Aero-Dri case (from water
and sewer fund) ;,,~,~'l.;'."~',.~'..~'~~ .,...,-'.,...: ",
For the 1989-90 ,~iscal.~year~,; the ICity~Attorney's Office has
already expended approximately $122,000 of the $138,000 alloca-
tion for outside legal fees and expenses. In addition, I am in
possession of additional unpaid bills totalling approximately
$75,000.
Date Amount Provider
4/15 $17,380.60 Carson & Linn General Labor/Personnel
5/15 $12,349.00 Carson & Linn Matters
6/15 $ 5,450.16 Carson & Linn 11
6/18 $ 568.00 Mack & Bernstein Montalban EEOC matter
7/11 $16,000.00 Mudge Rose Stormwater Utility Fee
7/11 $22,845.50 Mudge Rose Misc. Items
Aug '88 - June - '89
TOTAL $74,593.26
'.' 'AI
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Page 2 ': ., ',"~'" "," , .,., ~i,t, " ~. t :....,. ';,
.. '1 ' . ~,\;,,:~:,. >.'!:~~~" f-
" '
Our office is anticipating that the City will be billed for an
additional $10,000 in legal services for the remainder of the
fiscal year.
Fifty percent (50%) of the fees were for personnel and labor
related items. These figures were unusually high this year due
to the Walter Barry/Irene Montalban matters and Herb Thiele's
departure. At the time Herb left and preceding his departure,
several EEOC matters were channeled out of the office to Carson
& Linn. In the past, Herb had personally handled the bulk of
such matters, but because of the unsettled situation sur-_
rounding his replacement and probability that our office would
be understaffed, coupled with the anticipated trial calendar,
Herb transferred those matters out of our office. It is our
intention in the future to retain such matters in-house as much
as possible.
The Mudge Rose bills fall into two categories; stormwater
utility and miscellaneous matters, including items related to
annexation, taxation, impact fees and bookstore acquisition.
The stormwater utility expenses may be borrowed from -the -- -
general fund and could be repaid from the revenue stream
created by the ordinance and the imposition of the fee. The
other matters having been incurred between 8/15/88 and 6/15/89
- should hl:lve been billed and paid out of prior years of funds,
therefore, it would be appropriate to apply surplus funds from
previous years, as the funding source to pay these fees.
In conclusion, it is necessary to allocate funding sources for
$85,000 of legal fees; $16,000 of which is available to be paid
from the prOfessional and consulting line items of the City
,Attorney,' s'!<,budget~,~Un'i additionr through an interdepartmental
line'item transfer,"an" additional $7,000 is available from an
. j,-:dt . ,,) elec~riC:4 ~':U=;e~, ~i,!l.e t;i;t~, t ~hich_ altho~gh budgeted thisy~ar, .".
. no bJ.IIJ.:ngstfo .electrl.cJ.ty have been l.ncurred by our offl.ce.
Similarly, there is also $12,000 available from our capital
budget, as certain expenses related to a fourth legal secretary
originally allocated in the budget have not been implemented,
as the position is not being filled during this budget year.
The City Commission must then allocate an additional $50,000 of
funds to cover these expenses, as indicated above. sixteen
Thousand ($16,000) of that amount can eventually come from
stormwater utility fee. Approximately $23,000 would be appro-
priate to allocate from prior years surplus. It will be then
necessary to identify an additional $11,000 in the current
year's budget. Naturally, before drawing on the additional
$11,000, the City Attorney's Office would attempt to draw from
another line item within its budget prior to expending those
funds.
, - ' ,
, .~,:;',~~~..~~_f.r.
,'....~~.
, ...,','~;~
, :.~~l~":.,A~ ,\'.1 ::\' -:'
City Commission~'~t
A t 3 1990 ~~L... ') .
ugus ,', :1: -;. c'; , '" -: ";\ "
Page 3 -,.,' -.' ":[.".
It is respectfully requested that this item be placed on an
upcoming City Commission meeting for your consideration.
JSK: sh
cc: David Harden, City Manager
Yvonne Kincaide, Budge Director
-
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.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t#~1
SUBJECT: AGENDA ITEM # o - MEETING OF AUGUST 28, 1990
EXPENDITURE FR M LAW ENFORCEMENT TRUST FUND
DATE: August 24, 1990
This request is for an expenditure, in the amount of $2,475, from the
Law Enforcement Trust Fund to provide selected patrol officers with
intermediate impact weapons. Currently non-uniform officers and
officers assigned to duties for which a side handle baton is
inappropriate are without intermediate weapons. The lack of an
intermediate impact weapon creates a dangerous environment for these
officers and also provides a potential for exposing the public to
deadly force unnecessarily, The Department proposes the purchase of
45 ASP expandable batons. These nine inch batons telescope to 26
inches when extended. Because of the compact size they can be carried
in a leather case worn on the belt making them both unobtrusive and
readily accessible. The cost for each baton, with case, is $55.
Recommend approval of an expenditure from the Law Enforcement Trust
Fund in the amount of $2,475 to purchase 45 ASP Batons.
Agenda Item No. :
AGENDA REQUEST
Date: 8/16/90
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: 8/28/90
Description of item (who, what, where, how much):
Purchase 45 ASP batons and cases to be issued to selected
officers - total cost $2,475.00 funded from the Law Enforcement Trust Fund
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCEI RESOLUTION REQUIRED: YES,@ Draft Attached: YES/NO
Recommendation:
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55). / t./
,'V III II!. ......)",' r/1 '
~epartment Head Signature: I :."- '-. .,~j..(G~, ,'c.. - 1 (dt-d.::....-
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YESj NO
Funding alternatives: (if aRPlicable)
Account No, & Description: 'l~~F \\7 - -7._~-;:;' - - ,"-
~.- ,..
Account Balance:
City Manager Review:
~ I
Approved for agenda: ~ NO (~, "
i /"-'
Hold Until: '-'
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
90
D~lray Beach Police Department II ~
300 West Atlantic Avenue . Del ray Beach, Florida 33444-3666 -:-' .
(407) 243.7888 Fax (407) 243-7816
CHARLES KILGORE
Chief of Po/ice
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard M. Lincoln, Major
Operations Bureau
THRU: William H. Cochrane, Major'I~G
Acting Chief of Police '
DATE: August 16, 1999
SUBJECT: PURCHAe~Qt_Ae~_~~~A~A~~~_~A~ONS
As you are probably aware, our uniform police officers are
trained in the use of and equipped with side handle batons, an
intermediate impact weapon, 24 inches in length, that attaches to
the officer's Sam Browne belt. This weapon is used both as an
offense and defense weapon in controlling a violent/resisting
subject.
Non-uniform officers and officers assigned to duties that do not
lend themselves to carrying a side handle baton are without
intermediate weapons. A detective attempting to control a
resisting subject has only two (2) alternatives: using his/her
hands or his/her firearm. The lack of an intermediate impact
weapon creates an dangerous environment for these officers and
also has a potential for unnecessarily exposing the public to
deadly force.
The ASP expandable baton is a 9 inch cylindrical metal object
that telescopes to 26 inches and is carried in a leather case
worn on the belt. It is both unobtrusive and readily accessible.
The cost for each baton and case is approximately $55.99. It is
my request that we purchase forty-five (45) of these batons and
cases at a cost of $2,475.99. We have within the Police
Department several officers that are certified instructors that
will then train those provided with the weapon to certify
proficiency and knowledge of use, thereby minimizing our
liability.
PARTNERS W'TH CITIZENS 'N BRING'NG THE COMMUN'TY TOGETHER
SUBJECT: ~I!ASE_Qt:_~LgX.fANMBLLBA~ONe
August 16, 1999
Page 2
Should you have further questions, please contact me at your
convenience.
Respectfully submitted,
-~~-~~.~-~----------
RICHARD M. LINCOLN, MAJOR
Operations Bureau
RML/gb
cc: Chief Kilgore
Major Cochrane
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CI TY MANAGER (I;f/J
SUBJECT: AGENDA ITEM #q p- MEETING OF AUGUST 28, 1990
DESIGNATION OF VOTING AND ALTERNATE VOTING DELEGATES
DATE: August 24, 1990
This item is submitted for discussion relative to nomination of a
voting and alternate voting delegate for the Annual Business Meeting
of the National League of Cities, Annual Congress of Cities being held
in Houston, Texas in December. Under the bylaws of the National
League of Cities, we are entitled to one voting delegate.
Recommend designation of a voting and alternate voting delegate to the
National League of Cities Congress of Cities.
.
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..tloMI (~~i'Di~7ciJ Offlc....
LNgu. Pr8Sldenr
\~_./-^, ._..---~' of Bob Bolen
Cities (202) 626.3000 Mayor Fort 'Mlrth, Te>cas
Fax <A+i) 6~6'3f43 ~: First V'ce Pr8Sldent
Slaney J Barthelemy
August 10, 1990 MayOf'. NE!>N Orleans louISiana
.'~ '7'Y COMMISSION Second VIce P'e5Jaent
Glenoa E rlOOC
CommiSSIoner Orlando. Flonda
~ ....~--...-.~ Immeoa,e Past Preslden,
To: Mayors of Direct Member cities Pamela P Plumo
Executive Director~2Y Caunalor. Portland Maine
From: Donald J. Borut, E Xecutll/e Otrector
Donald J Borut
Subject: Designation of Voting and Alternate voting Delegates,
Annual Congress of Cities, December 1-5, 1990
Houston, Texas
Under the Bylaws of the National League of cities, each direct
member city is entitled to cast from one to twenty votes,
depending upon the city's population, through its designated
voting delegate at the Annual Business Meeting of the Congress of
cities. (See table on reverse side. ) This meeting will begin at
approximately 10:30 a.m. , Wednesday, December 5, 1990 in the
George R. Brown Convention Center. (Please consult your
convention program at the Congress of Cities for the exact
starting time and meeting room.)
To be eligible to cast the city's vote, each voting delegate and
alternate voting delegate must be designated by the city on the
attached form and the form forwarded to NLC's Credentials
Committee. NLC's Bylaws expressly prohibit voting by proxy.
Thus, an official of the city, properly designated, must be
present at the Annual Business Meeting to cast the city's vote or
votes.
To enable us to get your credentials in order and to provide your
voting delegates with National Municipal Policy and Resolutions
materials prior to the Congress of Cities, we ask that you return
the WHITE copy of the completed form to NLC on or before October
12, 1990. A pre-addressed envelope is attached. Upon receipt of
these names, NLC will also send each voting and alternate voting
delegate a set of instructions on registration and rules
governing the conduct of the Annual Business Meeting.
To assist your state municipal league in selecting delegates to
cast the League vote, please forward the YELLOW copy of the
credential form to your state league office and keep the PINK
copy for your records.
Attachments
ANt """"",J: Tom 8Ndley. Mayor, LOS Angeles. Call1o,",a . FeI'd L, HarrCIIOlI, Mayor, Scotlana Nee. North Carolina . William H, Huclnut. III. Mayor Ina,anapollS, Ind.ana . JeMIe It,
A8tt1er. MlIyOf, Newport News, VIrginia . Cat~ ReynoId8. Counalwoman,a"t.arge, Denver, CoIoraao . John p, RouMIde, MlIyOf, Sa_annan, Geo<gla . DINct",.: Jan. BIlker, Counc,' Member,
San Mateo, Call1o,",a . .10M BIlker, Pro Tempore, LuObock, Texas . Carolyn Lang 811n.... Counalmember Allanta, GeorQla . K.enneth G, Bueche. Execu','''' DHeclor COloraao MUnlc,pal
League . ....... W.~. MlIyOf, ThQlnton, Colorado . S.... T. c-. Deputy MlIyOf Manchestet', Connecll~ut . .-c Coven. Executl"" Director ana General CounSel, Connecllcul
Conference cI MUnlopalllles . ....,,~. Counolor, InOianapohs, Indiana . JotMp/l S, DedcIonrI. MlIyOf, Allentown, Pennsyl'ol3n1a . CeroC P. o.y, CounCIlor Gorham Maine . ..._
A. DePlIulls, Mayor, Salt Lake City, Utah' Jun. It, EJeIancI. Councilwoman, New York, New York' HMtIlet Flynn. Assembly Membe<, Anchorage, AlaSka' John A, GrIm." Jr" Exeeut,,,,,
D<rector, P<!nnsylvarua League 01 CItIes . ~ 0, Goodm8n. ExecubW Otrector, MiChigan Muntopal League . FNd GuemI. Coonal Membe<, San Marcos, Te>cas . Jack........ Counol Member,
SpoI<ane, WaShIngton . Joe B. JlIc...".. Mayor, Murfreesboro, Tennessee . Slwpe.-...- MlIyOf, Newark, New Je<sey . 8IIIly Ann ~. Counal Member, WaShIngton DC . "'trlcta A,
KIIIoNn. Mayor, CrestWOQd, M,ssourl . ,.,., King. Execut."" Otrector, League ollowa Mun'opalltles . CllCka 0, L1nc111eoV. City CommiSSIoner, Portland, Oregon . GrllY S, ...fken_. Execut'lIe
DIrector, MIssoun MunICIpal League . ...... L....,..,., Mayo< H.aIeah, Flonda . W__ A, ...,. Executl"" Otrector, OIdahoma MUnlooal League . Adall ~ MlIyOf Hamilton OhIO . c.McI
0, 0.., Alderman, ChICagO. IlImOlS . c.McI E. ~ ElII!CUtM! Otrector, North Caroltna League ol MUfllOcalIIIes . Scott A, sc..IMd. Coonoior, Bosque Farms, New MexiCO . Burton SltIllMIod,
Town Adm.n,sllator, L,ncoln, RhDOe ISlana . ..... 'ftl........ Mayor, Oxnara, California . RCcMrd C. Town....d. Executl"" Otrector, League 01 Oregon CllleS . IWety C, Upcllun:/l, MlIyOf, Rallllgh,
North Carohna . Thomaa J. \IIDIgy~ Mayor. Tucson, Anzona
Recycled Paper 9P
I
National League of Cities
Annual Congress of Cities
Humber of Votes - Direct Member Cities
Article IV, Section 2 of NLC's Bylaws specifies as follows the
number of votes which each member city of the National League of
Cities is entitled to cast at the Annual Congress of Cities:
City Population Number of Votes
Under 50,000 1 vote
50,000-99,999 2 votes
100,000-199,999 4 votes
200,000-299,999 6 votes
300,000-399,999 8 votes
400,000-499,999 10 votes
500,000-599,999 12 votes
I
600,000-699,999 14 votes
700,000-799,999 16 votes
800,000-899,999 18 votes
900,000 and above 20 votes
Rote: Member cities are required by the Bylaws to cast unanimous
votes.
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RESOLUTION NO, 78-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE
CITY MANAGER TO CAUSE TO BE PLACED ON THE NOVEMBER 6,
1990 DELRAY BEACH REFERENDUM ELECTION BALLOT QUESTION
RELATING TO AMENDMENTS TO THE CITY CHARTER OF THE
CITY OF DELRAY BEACH, FLORIDA; ESTABLISHING THE
BALLOT LANGU~..3!: - - ::;:'~;.:'E THE QUESTIONS; PROVIDING
PROCEDURES PERTAINING TO THE TT::)TZ ON THE QUESTION;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. For the purpose of amending Article IV, "Adminis-
trative-Executive", Section 4.02, "Appointment; Removal; Compensation",
subsection (bl of the City Charter of the City of Delray Beach, Florida,
Chapter 25788, Laws of Florida, Special Acts of 1949 and amendments
thereto, there shall be placed on the November 6, 1990 referendum
election ballot the following question:
BALLOT QUESTION
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING THAT THE TERMINA-
TION OF THE CITY MANAGER SHALL REQUIRE FOUR ( 41
AFFIRMATIVE COMMISSION VOTES TAKEN AT A PUBLIC
MEETING AFTER A PUBLIC HEARING WHICH HAS BEEN
NOTICED SEVENTY-TWO (72) HOURS IN ADVANCE OF THE
MEETING.
SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENTS BE
ADOPTED:
YES
NO
The ballot shall clearly indicate spaces to answer "YES" and
"NO" to the above question,
Section 2. Said election shall be held at the same polling
places in the several precincts in the City as the polling places for
the general election, and the election officers who shall conduct said
election shall be ,the same as those selected and appointed for the
general election,
Section 3. That this resolution s~all take effect immediately
upon passage,
PASSED AND J\DOPTED this the 28~,~L-
~AYOR
ATTEST:
(ft/J~~f' /lhFlIodf
City Cler
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ1t1
SUBJECT: AGENDA ITEM # ,~A - MEETING OF AUGUST 28, 1990
ORDINANCE NO. 25-90
DATE: August 24, 1990
This is a second reading of an Ordinance amending the Code of
Ordinances by repealing and amending certain Code sections to provide
for the implementation of the Land Development Regulations. At a
separate public hearing held on this item, comments were received from
the public regarding text changes to the LDR document. Subsequently,
those comments were discussed at your August 21st workshop meeting.
It is anticipated that there will be further recommendations and
revisions to the LDR document as well as this Ordinance. Therefore,
staff recommends that the Commission hold a public hearing on this
item for additional input and then defer final adoption action to a
special meeting on September 4th,
Recommend the Commission hold a public hearing on Ordinance 25-90 and
defer final adoption action to a special meeting on September 4th.
SUPPLEMENTAL CITY COMMISSION DOCUMENTATION
MEETING OF AUGUST 28, 1990
AGENDA ITEM: PUBLIC HEARING ON L.D.R.S
SUBJECT: List of additional items to be included in the LDRs
The following is a list of additional items which are to be added
to the LDR document. The text for these items will be presented
prior to enactment. Enactment is scheduled for September 4,
1990.
1. Addition of "solid waste processing and/or storage" to a
Subsection under 4.3.3 which includes provisions from the SWA
letter of July 16, 1990.
2. Addition of a listing of previously approved SADs and
reference to their enacting ordinance. To be added to the SAD
District regulations.
3. Addition of special density calculations for lots of less
than one acre.
4. Accommodation of a duplex on an 8,000 sq. ft. lot in RM and
RL Districts.
5. Provide for relief from "radius at driveway" standards when I
I
more than a five foot separation from adjacent property is not
necessary.
6. Deletion of "Director of Development Services" and reference
in-lieu thereof to "Director of Planning" with appropriate
changes to Chapter Two.
7. Add provisions of Ordinance 24-89 re: other than pavement
for parking lots in Historic Districts.
8. Add definition of "Auto Brokerage".
9, Add a "modification" section for Conditional Uses: to
require Board review when intensity is affected; to have
Administrative action when a modification of a condition of
approval is involved.
10. Coordination and consistency of various sections which deal
with sight distance and visibility at intersections. Involves
Secti.ons 4.6.14; the landscape regulations; 6.1.4(B)(4); and
4.6.5(A). [pages 4.6.33; 4.6.56; 6.1.10; and 4.6.6 respectively)
, , .Supplemental City Commission Documentation
List of additional items to be included in the LDRs.
Page 2
11. Adjust meetings of Board (Chapter 2 ) to require only the
regularly scheduled business meeting to be held in the evening.
12. Reinsert the Special Geographic Areas which exists north and
south of the current CBD.
13. Add a process for formal review of a "Concept Plan".
14. Add provisions and a listing of "grandfathered" historic
signs.
15. Add provision for duplexes to be split into two ownerships
and insure that townhouses platting sections are proper.
16. Exempt Board of Construction Appeals from "general
qualifications" 2.2.1(A).
17. Section 2.2.1(C) - do not allow an unexpired term to be
interpreted to result in automatic appointment to a full term;
allows less than a full term to no count against two consecutive
full term appointments.
18. Sunset provisions for Section 2.4.7(F)(2), Special Appeals
Function.
19. Changes to limitation on floor area in the PC-SC
designation.
20. The addition of a limitation on retail floor area in the NC
District.
21. Completion of Section 5.3.4(F) pertaining to the Storm Water
Utility. (page 5.3.9)
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ORDINANCE NO. 25-90
AN ORDINANCE OF THE eIIT COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ~ENDING THE CITY OF DELRAY
BEACH CODE OF ORDINANCES BY REPEALING CHAPTER 55,
"PtmLIC IMPROVEMENT:; An) SPEC::':' ASSESSMENTS",
CHAPTER 114, ., AMUSEMBN'l'S (CIRCUSES (. CARNIVALS) ,
CHAPTER 150, "BUILDING REGULATIONS" , CHAPTER 151,
"COASTAL CONSTRUCTION", CHAPTER 152, "COMMUNITY
APPEARANCE", CHAPTER 153, "SOIL EROSION CONTROL",
CHAPTER 155, "ELECTRICITY", CHAPTER 156, "FLOOD
HAZARD CONTROL", CHAPTER 157, "GAS CODE", CHAPTER
158, "HOUSING CODS", CHAPTER 159, "LANDSCAPING
COOS", CHAPTER 160" "MECHANICAL COOK", CHAPTER 161,
"PLUMBING CODE", CHAPTER 162, "SIGNS AND BILL-
BOARDS", CHAPTER 163, "SWIMMING POOLS", CHAPTBR 164,
"WELL AND SPRINKLER SYSTEMS", CHAPTER 165 , "UNSAFE
BUILDINGS", CHAPTER 170, "COMMUNITY REDEVELOPMENT",
CHAPTER 171, "COMPREHENSIVE PLAN", CHAPTER 172,
"SUBDIVISION CODE", CHAPTER 173, "ZONING CODE",
CHAPTER 174, "HISTORIC PRESERVATION" , CHAPTER 175,
"SAP'E NEIGHBORHOOD IMPROVEMENT DISTRICTS, BY AMEND-
ING CHAPTER 113, "ALCOHOLIC BEVERAGES" BY REPEALING
SBCTION 113.16, "AREAS AND LOCATION ~ SALES
PEMITTED' , SECTION 113,17, "SALE NEAR CHURCH OR
SCHOOL", AND SECTION 113.18, " BO'rI'LEI CLUBS;
NUISANCE", ANt) ENACTING LAND DEV!LOPMENT REGULATIONS
PROVIDING FOR COMPREHENSIVE REGULATIONS AND REQUIRE-
M:e:NTS FOR THE DEVELOPMENT, ZONING AND LAND USE
PLANNING WITHIN THE CITY LIMITS, PROVIDING FOR THE
ADMINISTRATIVE PROCESS, RELIEF AND VARIANCES FROM
SUCH REGULATIONS AND REQUIREMENTS; PROVIDING FOR THE
ESTABLISHMENT OF ZONING DISTRICTS; PROVIDING FOR THE
ENACTMENT OF AN OFFICIAL ZONING DISTRICT MAP,
PROVIDING FOR THE REZONING OF ALL PROPERTY WITHIN
THE CITY ; PROVIDING A GENERAL RUBAI.!R CLAUSE,
PROVIDING A SAVING CLAUSE, PROVIDING AN EFFECTIVE
DATB.
WHBREAS, the City of Delray Beach a~opted a Comprehensive Plan
pursuant to Chapter 113, Florida statutes, becoming effective on Septem-
ber 1, 1990, and,
WHERnS, pursuant to the C1ty ot Delray Beach's adopted
Comprehensive Plan, Chapter 163 of the Flor1~a Statutes an~ the Florida
Department of community Aftairs Administrative Rule ~J-5 the City of
De1ray Beach is required to revise its existin9 1an~ development re9ula-
tions to be consistent with the City's Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Beach, Stqt10n 1. That the Code ot Ordinances of the City of Oelray
Flor da, be and the same is hereby amended by repealin9 Chapter
1 .--
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I: 55, "Public Improvements and Special Assessments", Chapter 114,
.. "Amuse-
ments (Circuses & carnivals), Chapter 150, "Building Requlations",
Chapter 151, "Coastal Construction", Chapter 152, "Community Appear-
ance", Chapter 153, "Soil Erosion Control", Chapter 155, "Electricity",
Chapter 156, "Flood Hazard Control", Chapter 157, "Gas Code", Chapter
158, "Houain; Codell, Chapter 159, "Landscaping Code", Chapter 160,
"Mechanical Code", Chapter 161, "Plumbing Code", Chapter 162, "Signs and
Billboards", Chapter 163, "Swinvning Poola", Chapter 164, Well a.nd
Sprinkler systems", Chapter 165, Unsafe Buildings", Chapter 170, "Commu-
nity Redevelopment", Chapter :~:, ":omp~eh.ns1ve Plan", Chapter 1 n,
"Subdivision Code", Chapter 173, "Zonin9 Code", Chapter 174, "Historic
pre.ervation", Chapter 175, "Safe NeighborhOOd Improvement Districts",
I by amending Chapter 113, "Alcoholic Beverages", by repealing Section
113.16, "Areas and Location Where Sales Permitted", Section 113.17,
"Sale Near Church or School", and Section 113.18, "Bottle Clubsi
Nui.ance".
Section 2, That the Code of Ordinances of the City of Delray
Beach, Florida, be and the same 1a hereby &IlIended by enacting Land
Development Re9Ulations to read as set forth in Exhibit "A" attached to
and incorporated within this ordinance as if fully set forth.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That should any section or provhion of this
ordinance or any portion thereof, any paragraph, .entence, or word be
'I declared by a court of competent juriSdiction :c... be invalid, such
decision shall not affect the validity of the r ainder hereof as a
whole or part thereof other than the part declared to)be invalld.
Sect1o~ ~. That this ordinance shall become effective on
September 1, 199 ; provided, however, that all applications for develop-
mental orders, as such are defined in Chapter 163, Florida Statutes,
which are pendinq on September 1, 1990 shall be processed and ruled upon
in accordance with the ordinances in effect on AU9Ust 31, 1990.
PASSED AND ADOPTED in re9Ular session on second and .final
readln9 on this the day of , 1990.
MAYOR
ATrEST:
City Clerk
Flnt Reading
Second Readinq
2 ORD, NO, 25-90
~,.~ \" ~
Ii -"-.,
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: G=R~=ISTRATIVE ASSISTANT III
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 28, 1990
PUBLIC HEARING ~2 RE PROPOSED LAND DEVELOPMENT
REGULATIONS AND OFFICIAL ZONING MAP
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
completing the public hearings associated with formal
consideration of the proposed LDRs; and taking action on
specific items which have heretofore been presented and
discussed in public sessions.
BACKGROUND:
The LDRs had a previous public hearing before the City Commission
on August 14, 1990. Public testimony taken at that time and the
Planning and Zoning Board recommendation was then reviewed by the
Commission at its worksession of August 21st.
Revisions to the LDR document based upon changes resulting from
those reviews and other critiques are still being made to the
document. Also, it is anticipated that there will be further
public comment and further direction from the City Commission as
to changes to the document. Accordingly, the document will not
be in final form in time for enactment on August 28th. Thus, it
is suggested that following the hearing, the item be continued
to a Special Meeting on September 4, 1990, for final
consideration of the enacting ordinance.
Attached is a list of changes to the proposed Official Zoning
Map. This list includes only those requests which were
recommended by either the Planning and Zoning Board or by
consensus direction of the City Commission during the
worksessions. It is anticipated that at least two additional
requests will be brought forward ~ the public hearing. These
are:
(a) deletion of the "S" designation from the Planned
Commercial (PCI designation for Delray Town Center,
Phase II
If) II
City Commission Documentation
Public Hearing #2 Re Proposed Land Development Regulations and
Official Zoning Map
Page 2
(b) accommodation of retail designation at the southeast
corner of Lake Ida Road and Congress Avenue (the P&Z
Board had previously recommended no change i.e. retain
the proposed PCC; however, the owner did not appear
before the Board to present his arguments)
Also attached is a list of text changes as recommended by the
Planning and Zoning Board and concurred with by consensus of the
City Commission and as otherwise accommodated by consensus of the
Commission.
At the public hearing, another list of items (if any) may be
presented by the Director of Planning. This list would identify
other changes which should be accommodated. If such a list is
presented, it should be deferred for further consideration at the
special meeting of September 4, 1990.
RECOMMENDED ACTIONS:
l. Complete the public hearing process.
2. Act on items formally contained in the attached memorandum
and on new items formally presented during the public
hearing.
3. Defer consideration of items which cannot be readily
accommodated to the special meeting of September 4, 1990.
4. Defer consideration of the enacting ordinance to the special
meeting of September 4, 1990.
Attachments:
* list of recommended changes to the proposed zoning map
* list of recommended text changes
DJK/#72/CCLDR2.TXT
.
ATTAClfIIRIIT 'I TO CITY COIOIISSIOB DOCUIIEIITA'l'IOB JlElK)RA1IDUJ(
REGARDIIIG COBSIDERATIOB OF TIlE LOCAL DEVELOPIIElI'l' REGULATIOBS.
CITY COIIIIISSIOB IlEETIIIG OF AUGUST 28, 1990
RECOIOIElmED CllAllGES TO TIlE PROPOSED OFFICIAL ZOIIIIIG MAP
The follow changes to the proposed Official Zoning Map have been
recommended by the Planning and Zoning Board, reflect consensus
direction for accommodating, pursuant to City Commission
worksession discussions, or represent drafting and other
corrections put forth from the Planning Director.
** split consensus, needs resolve
Groups A - Pursuant to Planning and Zoning Board recommendations
I. St. Paul's Church, Swinton and SW 1st Street: OSSHAD to CF
2. Cason Church, Swinton and Lake Ida Road: OSSHAD to CF
3. Cason Church, deletion from Historic District Overlay
4. Barnett Bank/Zankle site, NE 4th St @ US 1: AC to GC
5. Lake Ida Area, per description: R-1AA to R-1-AAA
6. Gulfstream (Gold) Building: POC to SAD
7. Lakeview Golf Course: OS to R-1-AA and R-1-AAA
8.** Isles of Delray PRD- 4 to SAD
9. Dockside Boats, 1200 S. Swinton Ave: I to MIC
Group B - Pursuant to City Commission consensus
I. Del Ida Professional Area, per exhibit: RL to RO
2. Shoppes of Seacrest, Seacrest & NE 22nd St.: RM to NC
3.** Former Nissan site, SW 10th St @ US 1: GC to AC
Group C - Drafting or other corrections
1- Add Historic District Overlays (delete St. Paul's Church)
2.* Area north of SE 3rd Street between US 1 Pairs: AC to CBD
3.* Del Air Golf Club golf course area: R-l-AA to OS
4.* The Hamlet golf course area: R-I-A to OS
5.* Fairways on the Green, Lowson OS to RM
6.* Removal of Dover Road between Lowson & Atlantic ---------
7 . Tutor Time Day Care, Lake Ida Rd @ Davis Rd: POC to SAD
8. Aquilano Plaza, SW 5th Ave, south of SW 10th: SAD to POC
9 . Windy Creek Subdivision, West Atlantic: PRD-L to PRO
10. County land west of Tropic Palms by 1-95: OS to AG
II. Sunflower and Lake Forest original zoning of R-I-A & R-l-AA
12. Lots 19 to 43, Lakeview Drive: R-l-AAA-B to R-l-AA
IO.fl.
13. SW and NW corner of Linton and Congress: clarity re POD
14. 8th St Market: (previously rezoned) RM to GC
15. Norris Office, SW 11th Ave & SW 1st St.: RM to RO
16. Church, NW corner of NW 6th Ave & NW 1st st: R-1-A to CF
17. NW corner of NW 6th Ave & NW 2nd St: CF to R-1-A
18. 1st Church of Christ Scientist,
SW 7th Ave & SW 2nd St: correct the CF
zoning to conform to the property
owned by the Church
* also reviewed and recommended by the Planning and Zoning Board
** split consensus, needs resolve
REF/DJKt71/LDRATTCH.TXT
- 2 -
AT'l'~ .2 TO CITY COMMISSION DOCUMENTATION MEMORANDUM
REGARDING CONSIDERATION OF THE LOCAL DEVELOPMENT REGULATIONS.
CITY COMMISSION MEETING OF AUGUST 28, 1990.
RECOMMENDED TEXT CHANGES
The following changes to the proposed text have been recommended
by the Planning and Zoning Board, reflect consensus direction to
accommodate pursuant to City Commission worksession discussions,
or represent non-substantive items as recommended by the Director
of Planning.
1. Section 1.1.5 (page 1.1.2): Effective Date: The Chief
Building Official desires that any application in process prior
to the effective date be processed under previous code and that
any such application which desires to be processed by, or subject
to, the new code be resubmitted post the effective date (includes
new fee schedule).
2. Section 1. 4.2: (page 1.4.1) Notice of Violations: Change
"Code Enforcement Officer" to "Code Compliance Administrator"
here and each time hereafter such reference is made.
3 . Section 1.4.4: (page 1.4.2) Penalty: This section needs
to be redone by the City Attorney in order to accommodate various
levels of penalties which are currently used.
4. Section 2.1.2(B): (page 2.1.1) Responsibilities of
Required Positions: Add language to accommodate the delegation
of items to others with the accountability remaining with the
designated position.
5. Section 2.2.1(A) (page 2.2.1) Qualifications for Board
Members: Delete the phrase "manage or operate".
6. Section 2.2.3(C)(1): SPRAB: Require a minimum of two,
instead of one, meetings per month.
7. Section 2.2.6(D)(5): (page 2.2.9) Duties of H.P.B.: Add
"as they apply to Historic Structures and Districts" for
clarification purposes.
8. Section 2.2.7(D)(7): (page 2.2.9) Change Reference: From
"Community Appearance Board" to- "Site Plan Review and Appearance
Board" here and each time hereafter such reference is made.
9. Section 2.4.2 (B) (1) (b): (page 2.4.2) Change Reference:
From "Local Planning Agency" to "Planning and Zoning Board" here
and each time hereafter such reference is made.
10. Section 2.4.3(A) (2): (page 2.4.7) Basic Application
Submittal: Add current certification requirement as it pertains
to the warranty deed.
11. Section 2.4.3(B) (1): (page 2.4.8) Site Plan Submission
Requirements: Delete the first sentence.
12. Section 2.4.3(B) (20): (page 2.4.10) Spot Elevations
(Submittal): For clarity purposes insert "showing changes in
elevations of not more than two feet (2')" after "elevations" in
the first line.
13. Section 2.4.3(C)(1): (page 2.4.10) Submission Requirements
- Landscape Plan: Change in entirety to read: Be drawn to a
scale consistent with the site plan with crowded or tight a~eas
provided in a larger scale presentation.
14. Section 2.4.3(0)(2): (page 2.4.11) Preliminary Engineering
Plans: Change the distance for which off-site topo must be
provided from 50' to 10'.
15. Section 2.4.3(0)(3): (page 2.4.11) Preliminary Engineering
Plans: Insert "as shown in records of Oelray Beach and field
observations" between "location" and "of" in the first line.
16. Section 2.4.3(H) : (page 2.4.14) Subdivision (Platting)
Items: Reformat this subsection in order to provide for
submission of a Standard Application; to differentiate between
what is to be on the plat and what is submitted separately; and
to accommodate submission of a street tree plan and a street
light plan when appropriate (ie for a residential subdivision
which is not associated with a site plan or landscape plan
submiss ion) . Also, provision shall be made for the street tree
or street light plan to be in a narrative (written) form for
small subdivision and minor subdivisions.
17. Section 2.4.3(K): (page 2.4.19) Fees: Replace with new
subsection K as distributed at the August 21st worksession as
subsequently updated. Also provide a credit for COA fees and
have no chance for an administrative COA.
18. Section 2.4.4(C): (page 2.4.27) Imposition of Conditions:
The last paragraph on page 2.4.27 should begin . . . "However,
neither a final plat nor an abandonment "
.....
- 2 -
19. section 2.4.5(H) (1) (b): (page 2.4.36) Landscaping Plans:
rules: Delete the last portion of (b) in that the requirement
for upgrade of landscaping to apply to existing homes has been
dropped from the proposed landscape code which is under separate
review.
20. Section 2.4.5(H) (3) (b): (page 2.4.37) Landscape Plans:
procedure: Change the phrase "standards of the City" to
"criteria of the Board" in the last paragraph of this subsection.
21. Section 2.4.6(0)(1): (page 2.4.45) Siqn Permit
Requirements: Add an additional requirement ( h) and renumber
subsequent items as follows:
(h) appropriate exhibits showing the proposed location of
the sign with respect to nearby structures, signs and
vegetation.
22. Section 2.4.7(0)(3)(a): (page 2.4.68) Administrative
Relief (procedure,) : Delete last eight words and insert a new
sentence. "If the request is denied, it may be considered again
when the site plan is acted upon."
23. Section 2.4.7(A)(5): (page 2.4.64) Board of Adjustment
findinqs: Change the word "make" to "consider".
24. Section 2.4.10(E)(4): (page 2.4.78) Form of Financial
Guarantee: Add the form which was accepted with respect to the
Target Project.
25. Section 3.3.4(E) : (page 3.3.3) Barrier Island: Change
"present" to "acceptable" and "lower the level of service" to
"lower the level of Service C".
26. Section 4.1.4(B): (page 4. 1. 4 ) Frontaqe Requirement: Add
the following:
"However, neither this provision, nor any other provision of
these regulations, shall prevent construction of a
residential structure on a single family Lot (or Parcel) of
Record which has no frontage. Further, such a Lot of Record
with no suitable access may achieve private access for a
single family residence and similar uses by means of a
nonpublic (private) access easement."
27. Section 4.3.3(J): (page 4.3.14) Gasoline Stations: Expand
upon this subsection to address high turnover stations, service
stations, adjunct use, convenience stores, associated car wash,
etc.
- 3 -
28. Section 4.3.4(J) (3): (page 4.3.35) Heiqht Exemptions:
Reword to have the 64' limit/review requirement to apply to
free-standing items only. Separate into three subsections.
29. Section 4.3.4(J) (4) (b) (i) (a): (page 4.3.35) Allowances:
Area "A": Add the following "except for property lying east of
the Intracoastal Waterway".
30. Section 4.3.4(K): (page 4.3.39) Development Standards
Matrix: Enter the following changes (corrections) to the
appropriate matrix:
CBD District: Front Setback 10'
Side Setback 10'
Rear Setback 10'
Height 48'
3l. Section 4.4.1(0): (page 4.4.2) As Conditional Uses:
Reword to accommodate nurseries, retail or wholesale, as a
conditional use.
32. Section 4.4.1(F): (page 4.4.2) As Standards: Provide for
a lot area exception to accommodate (a) nurseries and (b)
property annexed into the City when the designation is used as a
"holding zone".
33. Section 4.4.3(C)(5): (page 4.4.4) Single Family
Section 4.4.6(C)(5): (page 4.4.8) RL
Section 4.4.6(C)(4): (page 4.4.10) RM
Section 4.4.7(C)(4): (page 4.4.12) PRO
Add to each of the above as a new accessory use:
"The rental or lease of a boat dock when the dock is
assigned to, or on the same lot as, each residential
use on a one to one basis."
34. Section 4.4.5(E) (2): (page 4.4.8) RL District: Change
site plan approval from P&Z to SPRAB.
35. Section 4.4.6(0): (page 4.4.10) Conditional Uses in RM:
Add the following:
( 8 ) Yacht Clubs with attendant facilities
(9 ) Dockmaster facilities when associated with a
multi-family development which has a marina
36. Section 4.4.6(E)(2): (page 4.4.11) RM District: Change
site plan approval from P&Z to SPRAB.
- 4 -
.
37. Section 4.4.9(A): (page 4.4.15) GC Purpose: Change "only"
to "primarily".
38. Section 4.4.10(E)(1): ( page 4. 4 . 21 ) AC District: Change
use and site plan approval from P&Z to SPRAB.
39. Section 4.4.12(E)(2): (page 4.4.30) PC District: Change
site plan approval from P&Z to SPRAB.
40. Section 4.4.l2(F)(2): (page 4.4.30) Outbuildings and
Shoppinq Centers: Where the phrase "architecturally integrated
with other structures" is used within Subsection (F), Development
Standards, of individual zoning districts the word "compatible"
shall be used instead of "integrated". In addition, at the end
of the paragraph (sub-subsection), the following shall be added:
"Architectural compatibility shall be determined
pursuant to Section 4.6.18".
41- Section 4.4.10(C)(2)(b): (page 4.4.20) Accessory Uses for
Auto Uses: Delete Subsection (C)(2)(b).
42. Section 4.4.10(G)(5)(c): (page 4.4.25) Advertisinq
Restrictions for Auto uses: Delete "banners" from (5)(c); add
the following (5)(d); renumber subsequent subsections:
(5) (d) Banners, may be used in conjunction with special
events and promotions at full service new car
automobile dealerships and when pursuant to the
following:
* not to be located within special or perimeter
landscape areas nor attached to vehicles or
light poles, nor located higher than the roof
line the building it is attached to
* not to be displayed for a consecutive period
of five days, nor more than five days in any
one month, nor on more than six occasions
each calendar year
* text, color, size, location, and number shall
be approved by the Site Plan Review and
Appearance Board.
- 5 -
43. Section 4.4.10(G)(3)(f): (page 4.4.24) Employee Parkinq
for Auto Dealerships: Add to Subsection (G)(2) the following
subsection (c):
(c) A bullpen parking arrangement may also be used for an
employee parking area provided that it complies with
the provisions of Subsection (G)(2)(a) and is in
conjunction with a full service new car automobile
dealership. Employee parking provided in a bullpen
arrangement may count toward meeting employee parking
requirements.
44. Section 4.4.12(E)(2): (page 4.4.30) PC District: Change
site plan approval from P&Z to SPRAB.
45. Section 4.4.l3(B): (page 4.4.31) Uses in the CBD: Change
Subsection (4) to read:
( 4 ) Dwelling units within the same structure as commercial
uses provided that residential and nonresidential uses
are physically separated and have separate accessways
and that there are no residential units on the ground
floor.
46. Section 4.4.l3(C): (page 4.4.32) Accessory Uses in the
CBD: Change Subsection (5) to read:
(5) A single family residence, either separate or within a
structure housing a nonresidential use, provided that
the residence is occupied by the owner, proprietor, or
employee of a business enterprise conducted on the
property.
47. Section 4.4.l3(E)(2): (page 4.4.33) CBD: Change site plan
approval from P&Z to SPRAB.
48. Section 4.l3(G): (page 4.4.34) Reduced Setbacks in the
CBD: Add a new subsection as follows:
( 2 ) Setbacks: Within the area encompassed by the
boundaries of the DDA as originally established in
Section 8.2.2(B), there shall be no required front,
side (interior), side (street), or rear building
setbacks except for the situation where there is no
dedicated access to the rear of a building, a ten foot
( 10' ) side setback shall be provided.
49. Section 4.4.l3(H)(1): (page 4.4.34) Special Regulations
CBD: (regarding retail use on ground floor) Delete 4.4.l3(H)(1)
- 6 -
50. Section 4.4.13(H) (1): (page 4.4.34) CaD Special
Requlations: Add a new ( 1 ) "No gasoline stations or service
stations shall be allowed to have frontage along Atlantic
Avenue."
5l. Section 4.4.19(E)(2): (page 4.4.55) MIC: Change site plan
approval from P&Z to SPRAB.
52. Section 4.4.20(B) (4): (page 4.4.59) Uses in Industrial:
Add the following: - Boat repair and service
53. Section 4.4.21(0)(11): (page 4.4.62) CF Conditional Use:
Add (11) Private parking lots and garages.
54. Section 4.4.22(B): (page 4.4.63) Uses in o. S. : Add the
following:
(5) Golf Courses, Public and Private
55. Section 4.4.25(C) (3): (page 4.4.69) Revision Requirement
in SAD District: Delete Subsection (3)
56. Section 4.5.1(L) (4): (page 4.5.13) Cason Church: Delete
legal description of this site from the Old School Square
Historic District Overlay.
57. Section 4.5.4: (page 4.5.24) Coastal Zone Requlations:
Reformat to be consistent with the LDRs. Add the Coastal
Protection Ordinance provisions once they are adopted by separate
action.
58. Section 4.6.6(B): (page 4.6.7) Outdoor Uses: Add the
following new item:
( 7 ) Outdoor retail area, for sale of living plants, at
nurseries and garden shops with the proviso that
one-half of the ground area devoted to such use shall
be considered as "floor area" for the purposes of
calculating and providing on-site parking.
59. Section 4.6.7(E): (page 4.6.12) Siqninq: Incorporate
standards instead of using a reference.
- 7 -
60. Section 4.6.9(C) (6): (page 4.6.19) Parking Requirements:
Add the following requirement for Yacht Club as subsection (r):
(r) Yacht Club: Shall provide one space per 1,000 sq. ft.
of floor area and outdoor seating/eating area plus one
space for one half of the number of boat slips.
61. Section 4.6.9(D)(4)(e): (page 4.6.24) Parking Lot Design:
Incorporate diagonal parking schematics and standards from the
current regulations.
62. Section 4.6.16: (page 4.6.36) Supplemental Regulations -
Landscaping: Reformat after adoption of the landscaping
ordinance revision which is under separate consideration.
63. Section 4.6.l8(B) (page 4.6.62) Architectural Elevations:
Add a new Subsection (13) and renumber subsequent subsections to
accommodate:
(13) Outbuildinqs and Shoppinq Centers:
(a) Rule: Outbuildings within a shopping center shall
be compatible in terms of color, materials, and
architectural style.
(b) Procedure: The Site Plan Review and Appearance
Board shall make a finding of such compatibility
prior to approval of outbuilding elevations. If the
Board determines that there is not compatibility with
respect to any of the items, then it shall deny the
elevations. However, if the Board feels, despite the
incompatibility, the elevations should be approved
they shall forward the elevations to the City
Commission with a recommendation of approval and the
City Commission shall take final action.
64. Section 5.3.4(F) : (page 5.3.9) Storm Water Utility Fee:
Incorporate appropriate material from the recently adopted
ordinance.
65. Section 6.1.3(C)(2)&(3): (page 6.1.7) Sidewalk
Construction: Provide that the mesh requirement is only to be
applied where the sidewalk crosses a driveway.
66. Section 6.1.4(B): (page 6.1.8) Driveway Standards: Add
the following as subsection (5):
"A nonpublic (private) access easement upon one Lot or
Parcel which provides ingress and egress for one adjoining
single family Lot (or Parcel) of Record, and similar uses,
is excluded from the provisions of this subsection (B).
- 8 -
.
-'-.- - ._-_._-_._-,-~..,..-
,
67. Section 6.1.10(B) (5): (page 6.1.15) Water: Add a new
exception C:
"(C) Exception - Sinqle Family Homes: Use of City water
for irrigation purposes may be allowed for a single family
home located on an individual lot or in a subdivision where a
restriction of such use has not been imposed during
development approval."
DJK/#69/PZLDRREC.TXT
- 9 -
.
. ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # t~ - MEETING OF AUGUST 14 , 1990
ORDINANCE NO. 34-90
DATE: August 10, 1990
This is a second reading of an Ordinance amending the Code of
Ordinances to provide for a coastal protection plan. This ordinance
was prepared pursuant to Commission decision to "opt out" of the
County's Coastal Protection Ordinance. The County ordinance provides
that a municipal ordinance must be at least as stringent as the County
ordinance in order for the City to maintain entitlement to County
funds for dredge and fill activities. The County has reviewed our
proposed ordinance and found that it was at least a stringent as the
County ordinance, however, they expressed concern about the variance
procedure, which, by Commission direction was included in our
ordinance, As a result the County has recommended that we either
eliminate the variance procedure all together or provide for County
review and approval on all variances.
Provisions of Ordinance No, 34-90 include a requirement for general
permits for construction of dune walkovers, installation of
transmission lines, dune re-vegetation projects, exotic vegetation
removal and for beach cleaning activity. All other types of projects
will require special permits. The fee for a general permit is $100,
except for minor restoration projects and minor dune re-vegetation
projects for which the permit fee is waived. The fee for a special
permit is $500. All fees for general permits and permits issued to
City or other governmental agencies shall be waived.
Following first reading of this Ordinance we received a letter from
Mr. Robert Barron, a Coastal Management Consultant, a copy of which is
attached as backup material for this item. Mr. Barron has made
several recommendations for modifications to our ordinance and plans
to be available at your August 28th meeting. The City Attorney's
office has forwarded a copy of Mr. Barron's suggestions to the
Department of Environment Regulations and the County Attorney's
Office. We anticipate having their responses prior your Tuesday
evening meeting.
In conjunction with this ordinance the Commission is also asked to
consider and if appropriate approve rules and guidelines for dune
maintenance, a copy of which is attached as backup material for this
item.
Recommend approval of Ordinance No. 34-90, subject to any additional
information which may be forthcoming at the public hearing on this
item.
.
. .
.
[ITi' RrTORN~Y'S OFFICE TEL t',l!] , 407 27;:: 4755 AUlj 23,9(1 1 (I: 52 F . 1.::
[IT' aF aELAA' IEA[H
.... ..,.~..~....
CITY ATTORNEY'S OFFICE 310 S.E. ht STREET. surrli: 4 DELRA Y BEACH, FLORIDA 33483
407/243-7090 TELECOPIER 407/278-4155
August 22, 1990
Sent Via Fax
Mr. Jim Berry
D.E.R.M. , Palm Beach County
31li south Dixie Highway
Suite 146
West Palm Beach, Florida 33405
Heidi Juhl, Esq.
County Attorney's Office
P.o. Box 2429
West Palm Beach, FL 33402
Subject.: Cit.v of Delrav Beach Coastal Protection Ordinance
Dear Mr~erry and Ms. JUhl:
-
The City commission of the City of Delray Beach has approved on
first reading the City's Coastal Protection ordinance without a
variance procedure which, according to the county Attorney's
Ottice, meets the stringency requirements of the Palm Beach
County coastal Protection Ordinance.
The attached memorandum proposes further changes to the City'6
Ordinance and Rules governing dune maintenance. These
proposals may be consIdered by the Delray Beach City CommIssion
at its meeting on August 28, 1990 at the second read1ng of the
City's ordinance.
Please review the attached proposed changes to the City'6
ordinance and rules for a "stringency assessment~ and fax your
comments to my attention (fax no. 407-278-4755) or call me a
243-7090. Thank you, 1n advance for your prompt consideration
of this matter.
loB
CITY ATTORNEY'S OFFICE TEL r,lo. 40-;' 27::: 4 ~:,S HI_q :-::. .y: ::~I::t.2 ' -
. - -
I am hopeful that you will be able to provide your conunents
prior to the meeting of August 28, 1990.
Sincerely,
OFFICE OF THE CITY ATTORNEY
CITY ELRAY BEACH, IDA
By:
san A. Ruby,
Assistant City
SAR:ci
CC David Harden, City Manager
John Walker, Project Coordinator, Engineering Department
Lula Butler, Director of Community Improvement
Jerry sanzone, Chief Building Official
Mr. Robert Barron
Nancy Davila, City Horticulturist
- -
---...
'-
~ . .. ... .. . .. - ... .. ~ .
.
I
? /J-l L~1r~
ROBERT H. BARRON
COASTAL MANAGEMENT AND CONSULTING
111 PERIWINKLE LANE
DELRAY BEACH, FLORIDA 33444
~ 407-265-0395 (0), 329-5758 (M) , 276-3233 (H)
'Susan A. Ruby August 20, 1990
Assistant City Attorney
City of Delray Beach
310 South East First st. ,suite 4
Delray Beach, Florida 33483
Dear Ms. Ruby;
Please accept the attached recommendations for modifications to the
proposed Delray Beach Coastal Protection Ordinance No. 34-90, which
is scheduled for formal passage on August 28.
I
The changes which I am suggesting are based upon my extensive
practical applications of coastal protection laws, in my business
of coastal dune restoration, and more specifically, my knowledge of
the coastal situation in Delray Beach, gained whi Ie serving as
Beach Supervisor for the City of Delray Beach from 1980 to 1987.
I am attempting, herewith, to modify certain aspects of the
ordinance which have proven problematic with the implementation of
it's parent law, Palm Beach County 90-2, and the original
incarnation, Town of Palm Beach Ordinance 10-89, while carefully
preserving the stringency required for County approval. The issues
I present must be resolved if we are to prevent serious
discouragement of coastal conservation efforts in our City, as has
occurred in the County.
I have discussed these proposed changes, since our recent
conversation, with interested and knowledgeable City and County
officials, who generally agree that the ordinance would be improved -
and it's goals facilitated by these modifications. I hope that you
will have an opportunity to review my suggestions before I
address the City commission on 8/28.
Please do not hesitate to contact me by telephone if I may provide
further information.
cordflll2J;;.S'
Robert Barron
cc: Mr. Tom Lynch, Mayor
City Commissioners
John Walker, City Engineers Office
Nancy Davila, City Horticulturalist
Jim Barry, P. B. County D. E. R. M.
I
SUGGESTED MODIFICATIONS TO PROPOSED DELRAY
BEACH COASTAL ORDINANCE 34-90
. 1. PROBLEM: Arbitrary fee structure impacts design and discourages
voluntary conservation work.
SOLUTION; Exempt all voluntary, non structural, revegetation or other
conservation work from fees.
WORDING CHANGES; change 161.54(L)(4) to read .. Repair and
revegetation of the dune is strongly encouraged provided the activity
meets the criteria in 'Rules and Guidelines for Dune Maintenance'.
Voluntary dune conservation projects, determined by the City.to have no
adverse impact on the beach/dune system, will be exempt from the
General Permit fee requirement."
,
:
change 151.66(0)(1), on page 9, to read "General Permit $100.00
(except voluntary conservation projects as described under Section
151.64(L)(4), and Section 151 .64(L)(5) for which all fees are waived).
RA TIONALE; cost of permits, for our 16 voluntary homeowner funded
projects in Delray Beach, has averaged less than $100 for a minimal
revegetation cost of $1500. Current wording of 34-90 would increase
the red tape cost to over $750, for the same job, or one half of the cost
of the conservation work. My company did more than 70 voluntary
projects (totalling 2 + miles) in the two years before enactment of the
County wide ordinance after which 34-90 was'modeled. Since it became
law in February, we have done only two. Given the increased competition -
for outside beach restoration funding, we need to encourage local private
participation in preserving what beach we still have. Any revenues lost by
this change are likely to be returned in decreased beach restoration costs.
AL TERNA TE SOLUTION; index fees for coastal permits to the cost of the
job, under the city's existing fee structure for miscellaneous permits, up
to a cap of $500, for jobs where building permit fees are already
assessed.
1
-
I
2. PROBLEM; restrictions regarding endangered or other listed species
scare coastal homeowners away from use of these species, which makes
them even more endangered.
. SOLUTION; add wording to protect property owners from future penalty
if they support species conservation now.
WORDING CHANGES; change wording of 6.Voluntary Restorations, on
page 8 of the "Rules an~ Guidelines for Dune Maintenance" to read
"Native coastal vegetation that is planted voluntarily to enhance the dune
system, including endangered, threatened, rare or species of special
concern, shall not be subject to the conditions stated in paragraphs B( 1 }
through B(5) above, nor shall such vegetation be considered in opposition
to any future applications for permits to modify the dune under this
ordinance, provided that the burden of proof of voluntary installation shall
be upon :the applicant."
RATIONALE; methods are proven and materials are available to restore
a number of critically endangered species. Coastal property owners are
eager to support species restoration, but only if they are assured that their
efforts will not cause them problems with utilization of their property
should coastal conditions change. Species restoration efforts have come
to a dead standstill since enactment of County 90-2
3. PROBLEM; minor modifications to the dune often do not justify the
costs of permit preparation, by the homeowner, or permit processing by
the city.
-
SOLUTION; create a de minimus exemption, by which City officials can
authorize, by letter, simple changes.
WORDING ADDITIONS; I will leave this one to the City Attorney who
should reference chapter 1 7-4.404 of the Florida Administrative Code,
which defines the de minimus exemption frequently used by the
Department of Environmental Regulation for similar purposes. This change
was suggested by persons in the County Department of Environmental
Resources Management, who plan to add it to their own ordinance, upon
revision.
2
RA TIONALE; many small dune management tasks can be carried out
in less time than it would take to prepare page one of the permit
application.
~ Examples might be clearing sandburs or windblown sand from an
accessway, pruning dead fronds from palm trees, adding a few specimens
of a new species to the dune, or replacing treads on a walkover sructure.
4. PROBLEM; certain acknowledged beach species are absent from the
approved lists.
SOLUTION; add 'em.
Pioneer zone:
Gaillardia pulchella blanket flower
Borichia arborescens Sea oxeye daisy
I
Cocos nucifera Coconut Palm
Scrub zone:
Eustoma exaItatum seaside gentian
Hymenocallis lad/olia key lily
Seaside evening primrose seaside evening primrose
Zamia pumila coontie
Forest zone:
Cocothrinax argentata silver palm
Pinus clausa sand pine
Thrinax morrissi Key thatch palm
RA TIONALE; a broader range of permitted coastal species promotes -
greater genetic diversity, gives the designer more possibilities, and
generally enriches the coastal environment.
These proposed modifications are intended to improve the workability of
the ordinance, remove discouragements to conservation work, and still
maintain the strictness and control necessary to preserve and protect
fragile coastal ecosystems. We recognize the momentum generated by the
first reading of this ordinance, however, we feel that the City can make
improvements to the law, without jeopardizing the second reading, if due
consideration is given by staff to these comments.
-
p
I
[IT V aF aELAAY IEA[H
CITY ATTORNEY'S OFFICE ' ! srl<llr"'llrl~ 1)/ I I< \ 't Jj I \( fl. I I , I[{ III \ ':..,'
~:;' ~.j .'--"1" [I I I I I 11'11 I< -!., -, ~ - ,..! . :,
MEMORANDUM
Date: August 16, 1990
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Coastal Protection Ordinance 34-90
Ordinance 34-90 is before you for second reading. The
ordinance has been revised to prohibit variances in order to
meet the stringency test for funding as contained within the
Palm Beach County Coastal Protection Ordinance, and as
requested by the Palm Beach County Attorney's Office.
In addition to Ordinance 34-90, there are rules and regulations
for Dune Maintenance which must be adopted by motion and vote.
Please do not hesitate to contact our office should you desire
further information regarding this ordinance or the rules
go ning dune maintenance.
cc David Harden, City Manager
Lula Butler, Director of Community Improvement
Jerry Sanzone, Chief Building Official
John Walker, Project Coordinator, Engineering
~J
ORDINANCE NO, 34-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, TO BE KNOWN AS THE CITY OF
DELRAY BEACH COASTAL PROTECTION ORDINANCE, AMENDING
TITLE 15, "BUILDING REGULATIONS", CHAPTER 151,
"COASTAL CONSTRUCTION", PROVIDING FOR THE SUBHEADING
"GENERAL PROVISIONS" PERTAINING TO COASTAL CONSTRUC-
TION TO BE RENAMED "GENERAL PROVISIONS -- COASTAL
CONSTRUCTION" ; BY ENACTING NEW SECTIONS 151.60
THROUGH 151.68, UNDER SUBHEADING "GENERAL PROVISIONS
-- COASTAL PROTECTION"; PROVIDING FOR A SHORT TITLE
AND APPLICABILITY; PROVIDING FOR THE PURPOSE OF SAID
AMENDMENT; PROVIDING DEFINITIONS; PROVIDING FOR
JURISDICTION; ESTABLISHING A COASTAL PROTECTION ZONE
AND A SAND PRESERVATION ZONE; PROVIDING FOR GENERAL
PERMITS; PROVIDING FOR SPECIAL PERMITS; PROVIDING
PERMIT FEES; PROVIDING FOR ADMINISTRATIVE RELIEF;
APPEAL PROCESS; PROVIDING FOR VIOLATIONS, ENFORCE-
MENT AND PENALTIES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A GENERAL REPEALER CLAUSE; AND PROVIDING
AN EFFECTIVE DATE,
WHEREAS, Chapter 166, Florida Statutes, authorizes the City
Commission of the City of Delray Beach, Florida, to provide and maintain
standards for the citizens of said City which insure their health,
safety, and well being pursuant to its Home Rule Power which includes
programs for conservation and flood and beach erosiop control; and
;/
WHEREAS, Ordinance No. 90-2 known as tHe "Palm Beach County
Coastal Protection Ordinance" is effective withinl incorporated and
unincorporated areas of Palm Beach County, except for incorporated area~
where the adoption and enforcement of an equally stringent, or mon
stringent ordinance is adopted within an incorporated area.
WHEREAS, consideration has been given to ground elevations in
relation to historical storm and hurricane tides, predicted maximum wave
run-up, beach and offshore ground contours, coastal vegetation, erosion
trends, dunes, and existing upland development; and
WHEREAS, the City of Delray Beach, Florida, has determined
after consideration of the above described factors that new regulations
establishing a construction setback line as set out below are necessary
for the protection of upland properties, the control of beach erosion,
hurricane protection, coastal flood control, and shoreline and offshore
rehabilitation; and
WHEREAS, in adopting this Ordinance, the City recogni zed the
importance of preserving and protecting the dune system as a vi tal
physical feature of the natural environment possessing outstanding
geological, biological, recreational, scenic and protective value for
this and succeeding generations of citizens; and
WHEREAS, in adopting this Ordinance, the City seeks to protect
the natural functioning of the beach/dune sy~tem and encourage restora-
tion of destroyed beaches and dunes, to protect and enhance the coast
and to devote these areas to only those limited land uses which
preserve, protect and enhance the natural environment of the beaches and
dunes; and
WHEREAS, a permitting program is necessary in order to provide
for uniform regulation in a timely manner of any proposed alteration
which would create any impact on the environment, natural beauty, or
level of storm protection provided by the beach and dune system; and
....~""." . -- _ -._..... P:I' "'--
" .
WHEREAS, the City of Delray Beach, Florida, in the lawful
exercise of its Home Rule Powers, desires to adopt a coastal protection
ordinance to augmenc. and supplement its current coastal construction
ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. ':'hat Title 15, "Building Regulations", Chapter
151, "Coastal Construction", be, and the same is hereby amended by
amending sUbheading "General Condit~ons" which precedes Section 151,01,
"Short Title", to read as follows:
"General provisions -- Coastal Construction"
Section 2, That Title 15, "Building Regulations", Chapter
151, "Coastal Construction", be and the same is hereby amended by
enacting a new subheading, "General Provisions -- Coastal Protection,
and Sections 151,60 through 151.6B, to read as follows:
"General provisions -- Coastal Construction"
151.60. Short Title: Applicability
(A) This Ordinance shall be known as the "Delray Beach
Coastal Protection Ordinance".
(B) The recitations set forth in the "WHEREAS" paragraphs
above are incorporated by reference herein as ffindings of fact upon
which this Ordinance is based. '
(C) All provisions of this Ordinance shall be effective
within the City of Delray Beach, Florida, and shall set restric-
tions, constraints and requirements to preserve and protect the
coastal beaches, dunes, and coastal vegetation,
(D) This Ordinance shall apply to any activity that has the
potential to adversely impact the coastal beaches and dunes located
within the City limits of the City of Delray Beach, Florida located
in Palm Beach County,
151.61. Purpose
The purpose of this Ordinance is to preserve and protect the
integrity of the coastal beach and dune from any activity which would
tend to destabilize the dune or reduce the ability of the coastal beach
and dune to response naturally to storm events.
151.62, Definitions
"Alter(ation)" or "Materially alter" shall mean the removal,
addition, or moving of sand; the removal or addition of any vegetation
by planting or transplanting; or the destruction, pruning, cutting, or
trimming of any vegetation but shall exclude the removal of seedlings,
runners, suckers, and saplings (less than ten (10) feet in height) of
exotic plant species. It shall also mean any construction, excavation
or placement of a structure which has the potential to adversely affect
coastal biological resources, the control of beach erosion, hurricane
protection, coastal flood control or shoreline and offshore rehabilita-
tion.
"Beach" shall mean the zone of unconsolidated material that
extends landward from the mean high water line of the Atlantic Ocean to
the place where there is a marked change in material or physiographic
2 ORD. NO. 34-90
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. .
form, or to the line of permanent vegetation, usually the effective
limit of storm waves. "Beach" is alternately termed "shore".
"Beach Cleaning" shall mean the clearing or burying of sea-
weed, debris, dead fish, or trash or the contouring of the beach by
raking and leveling, provided that such activity shall not disturb
existing beach or dune vegetation, Such activity shall not change the
final ground elevations greater than one foot.
"Beach Fill" shall me~:1 sand placed on the beach.
"Coastal Protection Zone" shall mean an area of jurisdiction
established by this Ordinance. This zone extends from the mean high
water line of the Atlantic Ocean to a line twenty-five l25) feet land-
ward of the crest of the dune or the State of Florida Coastal Construc-
tion Control Line, whichever is more landward.
"Coastal vegetation" shall mean all native plant species
indigenous to City beaches and dunes. The coastal vegetation species
recommended for use are provided in the "Rules and Guidelines for Dune
Maintenance",
"Crest of the dune" shall mean the highest point in elevation
of the dune.
"Dune" shall mean a hill or ridge of windblown sand and marine
deposits lying landward of, and adj acent to, the beach which is formed
by natural and artificial processes. I
! /
"Emergency" shall mean any unusual incident which results in
immediate danger to the health, safety, welfare or resources of the
residents of the City, including damages to or erosion of any shorelinE"
resulting from a hurricane, storm, or other such violent disturbance.
"Endangered, Threatened, Rare, and Species of Special Concern"
means any species listed as endangered, threatened, rare, or of special
concern by one or more of the fOllowing agencies:
(A) U.S. Fish and Wildlife Service.
(B) Florida Game and Fresh Water Fish Commission,
(C) Florida Committee on Rare and Endangered Plants and
Animals.
(D) Florida Department of Agriculture
(E) Treasure Coast Regional Planning Council,
"Excavation" shall mean removal or displacement of soil, sand,
or vegetation by the process of digging, dredging, cutting, scooping, or
hollowing out.
"Motor vehicle" includes any auto, car, van, truck, tractor,
motorcycle, dune buggy, moped, or other similar vehicle, but excludes
wheelchairs and emergency rescue vehicles.
"Sand" shall mean sediments having a distribution of particle
diameters between .074 and 4.76 millimeters.
"Sand Preservation Zone" shall mean an area of jurisdiction,
established by this Ordinance, for the purpose of maintaining the volume
of beach sand within the beach/dune system. This zone extends from the
mean high water line of the Atlantic Ocean to a line six hundred (600)
feet landward.
"Seedling, sapling, runner, or sucker" shall mean any young
plant or tree in early stages of growth.
3 ORD. NO. 34-90
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"Structure" includes anything constructed or erected tempo-
rarily or permanently on the ground or attached to something having a
permanent location on the ground and shall include house, pools, patios,
garages, gazebos, shore protection devices, pavement, signs, walls,
bulkheads, fences, radio towers, or other types of construction with
interior surfaces, but excludes lifeguard stands.
151.63. Jurisdiction and Prohibitions
(A) The Chief Building o:ficial shall have regulatory
authority over all alterations (as defined in Section 151,62) to
the beaches and dunes. This Ordinance establishes two zones of
jurisdiction -- the Coastal Protection Zone and the Sand Preserva-
tion Zone.
(B) The Coastal Protection Zone is established for the
purposes of protecting the integrity of the coastal beach and dune
system, This zone extends from the mean high water line of the
Atlantic Ocean to a line twenty-five (25) feet landward of the
crest of the dune or the State of Florida Coastal Construction
Control Line, whichever is more landward,
(C) The Sand Preservation Zone is established for the pur-
poses of maintaining the volume and quality of beach sand presently
existing within the beach/dune system, The unique characteristics
of the sediments contained in the existing beaches and dunes of the
County require the preservation of these ma~erials within the
beach/dune system. The Sand Preservation Zo~ extends from the
mean high water line of the Atlantic Ocean td a line six hundred
(600) feet landward.
(D) Within the limits of jurisdiction of the Coastal Protec-
tion Zone as defined in this section:
(1) no person, firm, corporation, special district, public
agency, pUblic entity or the City shall:
(1) construct any structure;
(2) place any soil, sand or material;
(3) make any excavation;
(4) remove any existing soil, sand or beach material or
otherwise alter existing ground elevation;
(5) alter, damage or cause to be damaged any sand dune
or coastal vegetation, or;
(6) drive any motor vehicle;
on, over or across any beach or sand dune without first
having obtained a permit from the City as provided for in
this Ordinance. Nothing herein shall prevent official
motor vehicles of any governmental agency from traversing
any sand dune or beach in the performance of official
duties provided the vehicle operators avoid coastal
vegetation whenever possible,
(2) it shall be a violation for pedestrians to traverse the
dune within two hundred (200) feet of a pUblic dune
walkover except by use of the walkover.
(3) Within the limits of jurisdiction of the Sand Preserva-
tion Zone as defined in this section, no person, firm, corporation,
special district, public agency or the City shall remove any beach or
dune sediments from their property without first having obtained a
permit from the City as provided for in this Ordinance,
4 ORD. NO. 34-90
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151.64. General Permits
(A) General Permits may be issued for the proposed construc-
tion of dune walkovers, installation of utility transmission lines,
dune re-vegetation projects of less than 4000 square feet, minor
fill projects with less than 200 cubic yards of fill placed on less
than 4000 square feet and routine dune maintenance activities,
General Permits shall be issued provided the proposed project
complies with the criteria specified in Section 151.64(N).
Applicants with proposed projects that do not meet the criteria for
a General Permit must apply for a special Permit.
(8) General Permit applications shall be made on a form
approved by the Chief Building Official.
(C) An application shall not be deemed complete until the
application fee and any and all information necessary to fully
understand the extent, nature, and potential impacts of a proposed
project are received by the Chief Building Official, Such informa-
tion may include, but is not limited to:
(1) a completed application form;
(2) an explanation of the purpose and necessity of the
project;
(3) a description of construction techniques and schedules;
(4) photographs of existing conditions which may include
aerial photographs; ,I
(5) plans Showing profile and plan views;/including elevations
of proposed and existing structures/dune and vegetation,
and;
( 6) sediment analysis of existing dune and beach and any
proposed fill material;
(D) Where an application is made for work in common areas of
a mUlti-family residential site (i.e., condominiums, apartments,
townhouses, villas, etc.) the representatives association, or all
of the homeowners as a group, shall be the applicant. The Chief
Building Official shall not process an application made by one unit
owner in a mUlti-family setting where the work is proposed on lands
designated as, or can reasonably be considered to be common areas.
(E) Any General Permit application containing false informa-
tion may be rejected and any General Permit issued based upon false
information may be revoked.
(F) General Fermi ts may be issued by the Chief Building
Official with a duration of one (1) year with annual renewal
condi tioned upon General Permit compliance, The time frame for
processing a General Permit shall be in accordance with Section
103.6.1 of the standard building code.
(G) The Chief Building Official may attach conditions to any
General Permit where such condi tions are deemed reasonably
necessary to protect the environmental integr i ty of the subj ect
site, or areas of potential impact,
(H) Any application received that is substantially the same
as a previous application that has been denied by the Chief
Building Official shall also be denied without further processing.
(I) Any site or applicant that is subject to or recipient of
a notice of violation or notice of General Permit noncompliance
that remains unresolved shall not be issued a General Permit or
Special Permit.
5 ORD. NO. 34-90
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(J) Any substantial modification to a complete application,
or to an issued General Permit, shall require an amended applica-
tion form and an additional application fee,
(K) The provisions of this section shall not apply to struc-
tures, plantings, and alterations existing or under construction as
of the effective date of this code provided, however, that such
existing structures and those structures under construction, are
not expanded beyond the specifications of their respective plans
existing and approved as ~: :hs effecti,e date of this Ordinance.
(L) Criteria for issuance of a General Permit
An application for a General Permit will be evaluated to
verify that the project will not adversely impact the conservation of
wildlife or their habitats with special emphasis place upon the protec-
tion of Endangered, Threatened, Rare, and Species of Special Concern.
The application will also be evaluated to verify that the proposed
project will not adversely impact the stability of the dune or the
natural exchange of sand between the beaches and dunes, Specific
criteria that must be met are:
(1) Dune Walkovers
(a) Privately owned structures cannot exceed four (4)
feet in width.
(b) Public ly owned structures cannot exceed eight (8 )
feet in width, "
(c) The walkover shall be located in an area that will
ensure minimal disturbance to existing native
vegetation. Construction activity shall disturb the
minimum amount of vegetation and in no case shall
such disturbance exceed a total swath four (4) feet
wider than the walkover.
(d) The slope of the walkover shall match the slope of
the dune as closely as possible while still meeting
applicable building codes,
(e) Design criteria shall meet the Florida Department of
Natural Resources requirements,
(2) Utility Transmission Lines
Installation of public utility transmission lines under a
General Permit shall not alter native coastal vegetation.
(3) Vegetation Trimming
(a) A General Permit for trimming of dune vegetation for
a view may be issued, provided the activity meets
the criteria established in the "Rules and Guide-
lines for Dune Maintenance", which, upon adoption by
the Ci ty Commission, govern routine dune
maintenance.
(b) Conditions that may be attached to a General Permit
for trimming include removal of exotic vegetation
within the Coastal Protection Zone and implementa-
tion of a debris removal program which shall require
the periodic removal of all human manufactured items
from the beach system, preferably by hand.
6 ORD. NO. 34-90
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l
(c) A General Permit for trimming is an annual General
Permi t and a request for renewal may be made in
writing to the City. The request must include
current photos of the permitted activity for the
purpose of aiding the City in determining
compliance.
(4) Dune Revegetation and Filling
Repair and revegetation of the dune is strongly
encouraged provided the activity meets the criteria in
"Rules and Guidelines for Dune Maintenance", Dune
revegetation projects of less than 2000 square feet or
minor fill projects with less than 20 cubic yards of fill
placed on less than 2000 square feet on the subject
property over a period of one year will be exempt from
the General Permit fee requirement.
(5) Beach Cleaning Activity
(a) Beach cleaning equipment will be permitted on the
beach provided that mechanized equipment is not used
within fifteen (15) feet of the toe of the dune or
within fifteen (15) feet of any existing coastal
vegetation, Existing coastal vegetation specifi-
cally includes isolated patches of pioneer plants
and seedlings.
/!
lb) Naturally occurring organic debris such as seaweed
s ha 11 be Ie f t on the beach, The debr is may be
either left in place or raked into piles, The pile,
may be buried in a continuous line along the beac
or placed at the base of an unvegetated dune scarp
provided that mechanized equipment is not used
within fifteen (15) feet of the toe of the dune or
within fifteen (15) feet of any existing vegetation.
Trash and litter, such as plastics shall be removed
from the beach and properly disposed of. Raked
debris shall not be placed on adjacent property
without permission from the adjacent property owner.
(c) Access for beach cleaning equipment is restricted to
access points approved by the Department and the
Florida Department of Natural Resources.
(6) Exotic Vegetation Removal
Removal of exotic vegetation is encouraged provided the
removal takes place in a manner that results in the least
amount of impact to existing native dune vegetation.
Removal of seedlings, runners, suckers and saplings (less
than ten (10) feet in height) of exotic plant species
does not require a permit. In cases where trees and
stumps are removed and damage is unavoidable during the
removal process, all cleared areas will be revegetated
with appropriate coastal vegetation, according to the
list provided in "Rules and Guidelines to Dune Main-
tenance" and will be placed in appropriate natural zones
on the dune profile.
(7) Emergency Repairs
7 ORD, NO. 34-90
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Emergency repairs shall include placement of fill, rock,
or concrete rubble to protect structures in imminent
danger of sustaining damage from storm waves,
151.65. Special Permits
(A) All proposed projects that do not meet the General Permit
criteria may be processed according to the requirements of this
section,
(B) Special Permit applications shall be made on forms
approved by the Chief Building Official.
(C) An application shall not be deemed complete until the
application fee and any and all information necessary to fully
understand the extent, nature, and potential impacts of a proposed
project are received by the Chief Building Official. Such informa-
tion may include, but is not limited to:
(1) a completed application form
(2) an explanation of the necessity and purpose of the
project;
( 3) a descr iption of construction techniques and
schedules;
(4) photographs of existing conditions which may include
aerial photographs; :1
(5) plans showing profile and plan views including
elevations of the proposed structure, dune and
vegetation;
(6) sediment analysis of existing dune and beach and any
proposed fill material;
(7) engineering models and predictions, and;
(8) biOlogical evaluation of the proposed project site.
(D) Where an application is made for work in common areas of
a multi-family residential site (Le., condominiums, apartments,
townhouses, villas, etc.), the representative association, or all
of the homeowners as a group, shall be the applicant. The Chief
Building Official shall not process an application made by one unit
owner in a multi-family setting where the work is proposed on lands
designated as, or can reasonably be considered to be, common areas.
(El Special Permits may be issued with a duration period that
is reasonably necessary to complete the project not to exceed two
(2) years, The time frame for processing a Special Permit shall be
in accordance with Section 103,6.1 of the Standard Building Code.
(F) The Chief Building Official may attach conditions to any
Special Permit where such conditions are deemed reasonably
necessary to protect the environmental integrity of the subject
site or areas of potential impact.
(G) Any application received that is substantially the same
as a previous application that has been denied by the City shall
also be denied without further processing.
8 ORD. NO. 34-90
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(H) Any site or applicant that is subject to or recipient of
a notice of violation or notice of Permit noncompliance that
remains unresolved shall not be issued a City General Permit or
Special Permit.
(I) Any substantial modif ica tion to a complete application,
or to an issued Special Permit, shall require an amended
application form and an additional application fee.
(J) T~e provisions of thi3 ~ec~i0n shall not apply to struc-
tures existing or under construction as of the effective date of
this Ordinance provided, however, that such existing structures and
those structures under construction, are not expanded beyond the
specifications of their respective plans and approvals eXisting as
of the effective date of this Ordinance,
(K) Criteria for issuance of a Special Permit.
A Special Permit may be issued pursuant to this Ordinance
provided that the applicant submits to the Chief Building Official
evidence that the following criteria will be met:
(1 ) The applicant must demonstrate with adequate engineering
data that the proposed project will not adversely affect
the natural exchange of sand within the beach/dune
system, the control of beach erosion, and the level of
storm protection. II
(2 ) The proposed project will not adv~rselY impact the
conservation of wildlife or their habitats with special
emphasis placed upon the protection of Endangerec'
Threatened, Rare, and species of Special Concern,
(3 ) The proposed project does not adversely impact the
stability of the dune.
(4 ) There shall be no net loss of sand from the Sand Preser-
vation Zone, Sand temporarily excavated from the Sand
Preservation Zone shall be returned to the Sand Preserva-
tion Zone prior to the expiration date of the Permit. In
addition, the sand may not be degraded by mixing with any
sediment, soil, or material that is not approved by the
Chief Building Official.
151. 66. Fees
(A) A schedule of fees is adopted to supplement the cost of
evaluating and issuing General Permits and Special Permits and
monitoring compliance of issued General Permits and Special
Permits.
(B) Permit application fees shall be non-refundable.
(C) All application fees paid by check shall be made payable
to the City of Delray Beach.
(D) The schedule of fees shall be based upon the level of
review necessary to process permits and will be divided into three
categories:
( 1) General Permit $100.00 (except minor restoration projects
as described under Section 151.64(L)(4), and Section
151.64(L)(5) for which all fees are waived.)
9 ORD. NO. 34-90
6.:
I --
I (2) Special Permit $500.00
(3) All fees for General Permits and Permits issued to the
City or other governmental agencies shall be waived,
151.67. Appeals; Variances
(A) Appeals, Any affected party may appeal a final deter-
mination of the Chief Building Official. A written notice of
appeal shall be filed ;.;" ~:.:' .::.pplican t '..:J. ';:l the Chief BUilding
Official within twenty (20) days from receipt of the decision
appealed from; setting forth in detail the factual basis for such
an appeal. The appeal shall be heard by the City Commission and a
decision rendered within sixty (60) days of submittal of all
documentation needed to evaluate the request.
(B) Variances, Variances are prohibited.
151.68, Violations, Enforcement, Penalties
Failure to comply with the requirements of this Ordinance or
any permit or approval granted or authorized hereunder shall constitute
a violation of this Ordinance. Violations of the provisions of this
Ordinance, upon conviction, shall be punished by a fine not to exceed
five hundred dollars ($500) per violation, per day, or by imprisonment
in the County Jail not to exceed ninety (90) days, or by both. Such
violation may be deemed a separate offense, for ,each day during any
portion of which any violation is committed or con~~ued. Additionally,
damage to the beaches, dunes or coastal vegetatibn may result in an
order to restore to pre-existing site conditions. 1n addition to the
sanctions contained herein, the City may take any other appropriate
legal action, including, but~not limited to, administrative action and
requests for temporary and permanent injunctions to enforce the pro-
visions of this Ordinance. It is the purpose of this Ordinance to
provide additional cumulative remedies. Nothing herein shall prohibit
the Code Enforcement Board from retaining jurisdiction pursuant to
Chapter 37 of the Code of Ordinances of the City of Delray Beach, or the
pursuit of any other legal remedy by the City to enforce this code.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith be and the same are hereby repealed.
Section 4. That should any section or proviSion of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such deci-
sion shall not effect the validity of the remainder hereof as a whole
part thereof other than the part declared to be invalid,
Section 5, That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 1990,
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
10 ORD. NO. 34-90
.._...._. ._ '-'" .....- ~ tWo,' _ ..-..
RULES AND GUIDELINES FOR DUNE MAINTENANCE
INTRODUCTION
Because of the important role which coastal vegetation plays in
the preservation of beaches and dunes, and because this vegeta-
tion is of extremely high ecological value, the City has made
the removal, alteration, destruction or damaging of coastal
vegetation illegal without obtaining a permit from the City.
Certain routine dune maintenance activities, such as removing
exotic past plants from the dune, conducting restoration
plantings, and creating viewing corridors or "windows", may
require a permit f rom the City. These guidelines outline the
types of activities which will be considered for approval by
the City under a General Permit and provide guidance which
should be followed for approval.
COASTAL VEGETATION
Native vegetation preserves beaches and dunes because the root
systems of beach plants retard the erosion of sand, while
leaves, limbs, stalks, etc. , act as sand collectors and provide
organic nutrients to build up the dunes and beaches. Depending
upon the type of rooting structure and the density of foliage,
coastal vegetation will provide for varying degrees of con-
tinued growth of the dunes which form a buffer area and give
protecti"t>R.- from storm damage to coastal structures and
property. Without the stabilizing and accreting effects of
vegetation, the dunes will be eroded by wind and water, and
will lose their protective capability. Because the beaches and
dunes need constant protection from human activities, it is
important that the coastal vegetation is not only preserved,
but also adequately maintained, and, if necessary, replanted.
A profile of plant material in the coastal system typically
includes a "pioneer zone" on the seaward side, a "scrub zone"
landward of the pioneer zone, and a "forest zone" located
further inland. The pioneer zone is the area closest to the
wind and wave action of the active beach where grasses such as
sea-oats (uniola paniculatal, vines such as railroad vine
(Ipomoea pes-caprae), and other low lying plants are dominant.
Any existing vegetation in this zone should be carefully
preserved. When vegetation in the pioneer zone has been
damaged by pedestrian or vehicular traffic, or other
activities, restoration planting should be undertaken. Further
upland of the pioneer zone the vegetation generally changes to
shrubs and other woody plants which form the scrub zone.
Widespread cutting, trimming, hedging, etc. , of woody plants
1
seaward of the coastal construction line in the scrub zone for
the purpose of improving visibility of the beach from upland
areas constitutes poor coastal zone management and will not be
permitted. Where old dunes exist and have become stabilized
and protected from salt spray, the forest zone becomes evident.
The ground cover in this zone may consist of a variety of
trees, including sea-grape (Coccoloba uvifera) , understory
shrubs, and other scrub zone plants. Mature native plant
communities in this forest zone should be left intact because
of the major role they play in protecting inland structures
from sever storm winds and flooding.
Although coastal vegetation provides the best protection for
beaches and dunes, much of the native vegetation of Palm Beach
C9unty has already been lost. In addition, in those areas
where remnant coastal vegetation exists, exotic pest plants,
such as Australian pine (Casuarina spp. ) and Brazilian-pepper
(Schinus terebinthifolius), have begun to invade to invade the
coastal community. This exotic vegetation reduces habitat for
native plants and wildlife, may be aesthetically unappealing,
and can increase coastal erosion. Whenever possible, these
exotic plants should be removed from the coastal system.
THE PERMITTING PROCESS
To obtain either a General Permit or a Permit for conducting
any activities identified in the City's Coastal Protection
Ordinanc~s being otherwise prohibited, a person must complete
a permit application form which is available with City Hall in
the Building Department. Certain information and documentation
(e.g. evidence of any applicable Federal and/or State permit(s)
for the proposed work) may be required to accompany the
application from, per the specific terms of the City's dune
ordinance; a checklist is available which identifies all permit
application requirements for permits.
The City will either approve or deny the issuance of a General
Permit after receiving a completed application (including both
the application form and all required accompanying documents)
and a non-refundable permit application fee. City staff will
review the application materials thoroughly and visit the site
where the work is proposed, if necessary.
General Permits and Special Permits will be issued as promptly
as possible during a declared state of emergency provided the
applicant can provide sufficient documentation of emergency
conditions to satisfy the terms of the City's Coastal
2
Protection Ordinance. For a sufficiently documented emergency
project, the City will issue General Permits and Special
Permits immediately upon receipt of the completed application.
The City will notify the applicant when a decision has been
made regarding permit approval or denial. Verbal notification
of issuance of a General Permit shall be considered sufficient
for approved work to commence. No work may commence under a
Permit until the applicant has paid the applicable permit fee
and received a written Permit from the City.
GENERAL PERMIT CRITERIA FOR DUNE RESTORATION AND VEGETATION
TRIMMING ACTIVITIES
A. Restoration Plantinq
Where coastal vegetation has been destroyed by human
activities or erosion, it is usually desirable to replant
native dune vegetation. Restoration plantings may be
required following the removal of exotic plants from the
dune, following addition of sand, or in conjunction with
the trimming of "viewing windows." The objective of these
guidelines is to provide for high quality planting
designs, and thus to ensure the long term health of the
coastal system. Restoration planting projects will be
approved if they meet the following criteria:
1.----Plant Selection
All plants used for restoration plantings in coastal
areas must be selected from the attached Approved
Plant Lists. Plants shall be selected according to
the vegetation community being restored pioneer zone,
scrub zone, or forest zone. The use of exotic plants
will not be permitted under a general permit. A
partial list of prohibited exotic plants has been
provided for reference purposes only. For pioneer
zone plantings, 70-90% of the number of plants
installed must be sea-oats (Uniola paniculata). The
remaining 10-30% of the number of plants must be
comprised of other species found on the Approved
Plant List for pioneer zone plantings.
2 . Minimum Diversity Required
All coastal restoration plantings must meet certain
minimum diversity requirements in order to ensure
high quality restoration design. For pioneer zone
plantings, a minimum of five ( 5 ) species of native
plants must be used. For scrub zone plantings, a
minimum of six ( 6 ) species of native plants must be
used. For forest zone plantings a minimum of six ( 6 )
3
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species of native plants must be used. The species
mix will be formulated to match as closely as
possible to species mix of any nearby natural dune
communities. For projects of under one hundred (100)
plants, an alternative planting design incorporating
fewer species of plants, may be proposed by the
permittee, and may be permitted at the discretion of
the City.
3. Plant Sizes
In pioneer zone plantings, one ( 1 ) gallon containers
or smaller are generally used. In scrub zone
plantings, three ( 3) gallon containers or smaller
should be used. In forest zone plantings, seven ( 7 )
- gallon containers smaller should be used. An
or
exception to this rule applies to saw palmetto
(Serenoa ) and cabbage palm (Sabal palmetto) .
These two native palm species may be specified in
ball and burlap (B&B) , or in larger containers.
4. Collected Plant Material Prohibited
Plants collected from wild or semi-wild areas will
not be permitted for coastal plantings. This
includes, but is not limited to, saw palmettos and
cabbage palms, unless collected from bona fide
development sites along the coast of Palm Beach
--....county. If material other than nursery grown
~~ material is specified, the burden of proof will be
upon the permittee to show that such material will
be, or has been, collected from legitimate donor
sites.
5. Plant Location and Arranoements
Plant material should be located upon the dune
according to its natural habitat. Plants should be
arranged in a random and diverse manner. No rows or
other unnatural geometric patterns will be permitted.
Although different plants should be interspersed
among each other, some clumping of specific species
is recommended.
6. Plant Densitv
Plant density shall be determined based upon the need
to provide vegetative cover as quickly as possible on
the dune. Plant numbers should be based on an
average spacing of twelve (12) to eighteen (18)
inches but should be arranged in random groupings as
indicated in A(5) above. For plants larger than one
gallon pot size, wider spacing can be used provided
4
..
smaller plants are used to interplant and fill in to
provide for no more than an average spacing of
eighteen (18) inches between plants.
7 . Fertilizer and Irriqation
The goal of any fertilization and irrigation program
is to provide sufficient nutrients in the early
growth stages to encourage rapid development of roots
and vegetation of the newly established planting.
However, it must be recognized that native dune
plants are adapted to survive in an environment that
is naturally deficient in nutrients and moisture and
should be managed with this understanding. After the
successful establishment of the plants, no additional
fertilization or irrigation should e necessary under
normal circumstances. Alternative plants may be
approved in areas experiencing active erosion at the
discretion of the Department.
(a) Fertilization
The one-time use of fertilizer to aid in the
establishment of coastal plantings is
encouraged. If fertilizer is used anyone of a
variety of fertilization mixes and schedules may
be used. Some examples are:
------ ( 1 ) A mix of such as Osnocote 18-6-12 (40%),
Milorganite (40%) and Triple Super
Phosphate (20%) . One tablespoon of this
mix shoujld be used for each one ( 1 ) gallon
container or smaller, three ( 3) tablespoons
for each three (3 ) gallon container, and
six (6 ) tablespoons for each ten (10) or
fifteen (15) gallon container. The
fertilizer mix should be placed in the
bottom of the planting holes for three ( 3 )
gallon containers or larger. For one ( 1 )
gallon containers or smaller, it is recom-
mended that the fertilizer be broadcast
around the individual plants, making sure
that the fertilizer does not touch the
leaves of the new plants.
( 2 ) Any mixture with a 10-10-10 N-P-K analysis
with trace elements at a rate of 500 pounds
per acre. This mix may be used once before
planting and once 30 days after planting.
( 3 ) Slow release tablets (such as Agriform
20-10-5) placed below the surface adjacent
to or under each plant.
5
Under consultation with a reputable professional with
experience in successful dune restoration projects,
alternative fertilizer programs may be proposed by
the permittee and may be permitted at the discretion
of the City.
(b) Irriqation
Initial irrigation or hand watering of the
coastal plantings is recommended to insure
success of the project. Temporary irrigation
systems may be installed, but must be place
above the ground, and removed or disconnected
from the water source within six ( 6 ) months of
- the end of planting. Systems should be designed
and operated to encourage the deep rooting
characteristics of coastal vegetation, and
should be under separate control from irrigation
systems serving the upland property.
Operating schedules will vary with the type of
material planted, the season, and other factors.
A general guideline is to provide a thorough
saturation only as often as necessary to main-
tain moisture to the rootball of newly planted
material, and to decrease the frequency of
irrigation to allow natural rainfall to take
over as ~lants become established. Regular long
--- term irrigation is prohibited. A general
watering schedule that should meet these goals
is as follows:
( l) daily watering is recommended for the first
week following planting;
(2 ) during the next three ( 3 ) weeks, watering
should be limited to every other day;
(3 ) following this period, the plantings may be
watered once per week for a maximum total
of six ( 6 ) months on a regular irrigation
schedule.
All watering should be sufficient to thoroughly
wet the sand to a depth of six ( 6 ) inches or
greater.
8 . Coastal Veqetation Trimminq
In order to create visual corridors between upland
properties and the ocean, coastal vegetation may be
trimmed on an annual basis. The objective of these
guidelines is to provide for these visual corridors
6
without having a negative impact upon the beaches,
dunes and native dune vegetation. Coastal vegetation
trimming projects will be approved if they meet the
following criteria:
1. Dune Manaqement Proqram Mandated
In order to be granted a coastal vegetation
trimming permit, the permittee must agree to
develop and implement a Dune Management Program.
Guidelines for the Dune Management Program
follow.
2. Minimum Heiqht of Sea-Grapes
Coastal vegetation trimming permits shall not be
granted unless the sea-grapes (Coccoloba
uvifera), or other obscuring vegetation, are at
least five (5) feet in height.
3. Reducinq Height of Sea-Grapes
Sea-grape trees may be trimmed down to fifteen
( 15) feet in height, in order to allow views
from multiple story buildings provided the final
tree height is no less than three-quarters (3/4)
of the original tree height. If the height of
sea-grapes is reduced, however, no "windows"
---- shall be permitted under any canopy that has
- been reduced in height.
4. Viewinq Windows
viewing "windows" may be trimmed through the
sea-grapes, or other obscuring vegetation, so
long as it meets the following criteria. Only
branches less than one (1) inch in diameter may
be trimmed. For each foot in width of trimming,
five (5) feet of untrimmed dune must be main-
tained. No "windows" may be over twenty (2)
feet in length. All "windows" must be separated
by at least twenty (20) feet of untrimmed dune
vegetation. All sea -grapes must retain a
minimum two (2) foot canopy after trimming. In
addition, no vegetation may be trimmed below two
(2) feet, to allow for growth of scrub vegeta-
tion and the stabilization of sand. The maximum
height of any window shall be eight (8) feet.
5. Restoration Plantinq Required
Planting of open areas resulting from sea-grape
trimming, exotic plant removal, or other
7
acti vi ties, shall be accomplished wi thin three
(3) months of trimming or other activities.
Requirements for restoration planting are found
above, and must be followed. Plants must be
selected according to the zone which is being
planted. Open areas resulting from trimming of
sea-grapes for "windows" shall be planted
according to the specifications for the scrub
zone.
6. Voluntary Restorations
Nati ve coastal vegetation that is planted
voluntarily to enhance the dune system shall not
be subject to the conditions stated in para-
graphs B(l) through B(5) above.
7. Annual Permits Only
Coastal vegetation trimming permits will be
granted on an annual basis only. Subsequent
issuance will be based upon compliance with
prior permit conditions.
C. Dune Manaqement Proqrams
In order to ensure the long-term health of the
coastal system, it is necessary to conduct certain
~anagement activities. Some individuals may wish to
- embark upon such a program independently. Others,
who are applying for a coastal vegetation trimming
permit or a minor filling permit, will need to comply
with this section in order to receive their permit.
Dune Management Programs will be approved if they
meet the following criteria.
1. Exotic Plant Removal
All exotic plants found within the Coastal
Protection Zone must be removed. A partial list
of exotic plants is attached. Exotic plants
with stems over 1/4 inch diameter, which can not
be pulled up by hand, shall be cut to a height
of four (4) inches or less. A systemic
herbicide, such as Garlon 4, shall be applied to
the stump using a drip wick or equivalent
system. A fOllow-up treatment shall be con-
ducted if the original treatment does not kill
the plant. Smaller exotics, including grasses,
vines and succulents, shall be removed by hand.
2. Debris Removal
8
All human-manufactured debris which has been
deposited upon the beach or dune must be removed
(by hand if possible). This includes plastics,
metal, styrofoam, and other unnatural products.
Deadwood, seaweed and other biological matter
must be left on the beach and dune.
3 . Retreatments
Any additional exotic plants and debris which
have appeared upon the beach and dune shall be
removed every six (6) months.
D. Minor Fillinq
.-
In some cases, beach front property owners may desire
to add small amounts of sand to their dune to compen-
sate for losses attributed to blowouts, storm
erosion, or other conditions. Minor filling will be
permitted if they meet the following conditions:
1- Source of Sand
All sand shall come from a source landward of
the Coastal Construction Control Line as estab-
lished by the Florida Department of Natural
Resources.
~. Sand Compatibility
All sand shall be of comparable grain size and
color to that of the sand of the recipient beach
and will be generally free of organic material
and other foreign debris.
3. Non-Impactive Desiqn
All additions of sand shall be designed to have
a minimum impact on existing vegetation. If
there are any State or Federal endangered or
threatened plant species on the site, special
care shall be taken in the placement of the
additional sand to avoid covering these plants.
If endangered or threatened plants shall be
unavoidably impacted by the addition of sand,
the permittee must relocate those species to
another location within the dune system.
4. Restoration Plantinq and Dune Manaqement
Required
All minor filling permits shall include condi-
tions requiring restoration planting in the area
9
... ' ~ .
-"-<'.
where sand was added, as well as any areas where
vegetation was damaged as a result of the
addition of sand. A Dune Management Program
also shall be adopted as part of the minor
filling permit.
--
10
APPROVED PLANT LIST
Pioneer Zone
Alternanthera maritima chaff flower
Alternanthera ramosissima chaff flower
Canavalia maritima bay bean
Chamaesvce memsembrvanthemifolia beach spurge
Croton glandulosus beach croton
Distichlis spicata salt grass
Helianthus dibilis beach sunflower
Hvmenocallis latifolia key lily
Ipomoea pes-caprae railroad vine
Ipomoea stolonifera fiddleleaf morning glory
Iva imbricata beach elder .-
Okenia hvpoqaea beach-peanut
Panicum amarulum dune panic grass
Paspalum vaginatum seashore paspalum
Remirea maritima beach star
Scaevola plumeri beach berry
Sesuvium portulacastrum sea purslane
Spartina patens cordgrass
Sporobolus virqinicus seashore dropseed
Suriana maritima bay cedar
Tournefortia gnaphalodes sea lavendar
---
'-
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APPROVED PLANT LIST
Scrub Zone
Uniola paniculata sea-oats
Andropoqon capillipes chalky bluestem
Andropoqon virqinicus brooms edge
Ardisia escallonioides marlberry
Arenaria lanuginosa sandwort
Baccharis halimifolia groundsel
Borrichia frutescens sea daisy
Callicarpa americana American beautyberry
Centrosema virginiana butterfly pea
Chiococca alba snowberry
Chrvsobalanus icaco cocoplum
Coccoloba uyifera sea grape
Commelina erecta var. angustifolia day flower
Crotalaria pumila beach rattlebox
Croton qlandulosus beach croton
Capparis flexuosa limber caper
Diospyris virginiana persimon
Echites umbellata Devil's potato
Ernodea littoralis golden creeper
Eugenia axillaris white stopper
Euqenia foetida Spanish stopper
Flaveria linearis yellowtop
Galactia macreei milk pea
Guapira discolor blolly
Ipomoea indica purple morning glory
Jacquemo~a reclinata beach jacquemontia
Lantana involucrata wild sage
Licania michauxil gopher apple
Lycium carolinianum Christmas berry
Melanthera aspera melanthera
Mikania cordifolia climbing hempweed
Morinda royoc yellowroot
Myrica cerifera wax myrtle
Myrsine floridana myrsine
Qpuntia humifusa prickly pear
Panicum amarulum dune panic grass
Parthenocissus quinquefolia Virginia creeper
Passiflora suberosa corky-stemmed passion flower
Physalis viscosa ground cherry
Pithecelobium quadelupense black bead
Polyqala qrandiflora milkwork
Psychotria nervosa wild coffee
Randia aculeata white indigoberry
Sabal palmetto cabbage palm
Serenoa repens saw palmetto
Solidaqo stricta goldenrod
Sophora tomentosa necklace pod
Spartina patens cordgrass
Tournefortia gnaphalodes sea lavendar
Irichostema suffruticosa blue curls
12
Uniola paniculata sea-oats
Verbena maritima beach verbena'
Yucca aloifolia Spanish bayonet
---
-
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,~,,-
APPROVED PLANT LIST
Forest Zone
Amvris elemifera torchwood
Ardisia escallonioides marlberry
Bursera simaruba gumbo 1 imbo
Caesalpina bonduc nickerbean
Capparis cvnophallophora Jamaica caper
Capparis flexuosa limber caper
Chiococca alba snowberry
Chrvsobalanus icaco cocoplum
Coccoloba diversifolia pigeon-plum
Coccoloba uvifera sea-grape
Drvpetes lateriflora GUiana-plum
Ervthrina herbacea coral bean
Eugenia axillaris white stopper
Eugenia foetida Spanish stopper
Exothea paniculata inkwood
Ficus aurea strangler fig
Guapira discolor blolly
Ipomoea alba moonflower
Ipomoea indica purple morning glory
Krugiodendron ferreum black ironwood
Mastichodendron foetidissimum wild mastic
Morus rubra red mulberry
Mvrsine floridana myrsine
Nectandra coriacea lancewood
Pithecel~ium quadelupense blackbead
Psvchbtria nervosa wild coffee
Quercus virginiana live oak
Rivina humilis rouge plant
Sabal palmetto cabbage palm
Serenoa repens saw palmetto
Simarouba qlauca paradise tree
Urechites lutea wild allamanda
Zanthoxylum faqara wild lime
14
PROHIBITED EXOTICS
(a partial list)
Casuarina species Australian pine
Ficus nitida ficus
Melaleuca quinquenervia melaleuca
Sansevieria thvrsiflora bowstring-hemp
Scaevola (non-native species) beach naupka, Hawaiian beach
berry
Schinus terebinthifolius Brazilian-pepper
Stenotaohrum secundatum St. Augustine grass
Wedelia trilobata creeping wedelia
--
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---"----~~_._-~- ,- " ~._-^.'-.."..,,-,-~--._._- ..
I _ .. "" ..' -~.- "...-., ,. ,- '
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i CITY ATTORNEY'S OFFICE 310S.E.lstSTREET.SUlTE4 DELRAYBEACH.FLORIDA33483
407/243-7090 TELECOPIER 407/278-4755
August 22, 1990
Sent Via Fax
Mr. Jim Berry
D.E.R.M., Palm Beach County
3111 South Dixie Highway
Suite 146
West Pa~m Beach, Florida 33405
Heidi Juhl, Esq.
County Attorney's Office
P.o. Box 2429 ~
West Palm Beach, FL 33402
Subject: City of Delrav Beach Coastal Protection Ordinance
Dear-J1r ~erry and Ms. Juhl:
~
The City Commission of the City of Delray Beach has approved on
first reading the City's Coastal Protection ordinance without a
variance procedure which, according to the County Attorney's
Office, meets the stringency requirements of the Palm Beach
County Coastal Protection Ordinance.
The attached memorandum proposes further changes to the City's
Ordinance and Rules governing dune maintenance. These
proposals may be considered by the Delray Beach City Commission
at its meeting on August 28, 1990 at the second reading of the
City's ordinance.
Please review the attached proposed changes to the City's
ordinance and rules for a "stringency assessment" and fax your
comments to my attention (fax no. 407-278-~755) or call me a
243-7090. Thank you, in advance for your prompt consideration
of this matter.
,
.. ~ 4" , ...
.
ROBERT H. BARRON
COASTAL MANAGEMENT AND CONSULTING
111 PERIWINKLE LANE
DELRAY BEACH, FLORIDA 33444
407-265-0395 (0), 329-5758 (M) , 276-3233 (H)
Susan A. Ruby August 20, 1990
Assistant City Attorney
City of Delray Beach
310 South East First st. Suite 4
Delray Beach, Florida 33483
Dear Ms. Ruby;
Please accept the attached recommendations for modifications to the
proposed Delray Beach Coastal Protection Ordinance No. 34-90, which
is scheduled for formal passage on August 28.
I
The changes which I am suggesting are based upon my extensive
practical applications of coastal protection laws, in my business
of coastal dune restoration, and more specifically, my knowledge of
the coastal situation in Delray Beach, gained whil~Ving as
Beach Supervisor for the City of Delray Beach from 1980 0 1987.
I am attempting, herewith, to modify certain aspects of the
ordinance which have proven problematic with the implementation of
it's parent law, Palm Beach County 90-2, and the original
incarnation, Town of Palm Beach Ordinance 10-89, while carefully
preserving the stringency required for County approval. The issues
I present must be resolved if we are to prevent serious
discouragement of coastal conservation efforts in our city, as has
occurred in the County.
I have discussed these proposed changes, since our recent
conversation, with interested and knowledgeable City and County
officials, who generally agree that the ordinance would be improved
and it's goals facilitated by these modifications. I hope that you
will have an opportunity to review my suggestions before I
address the City commission on 8/28.
Please do not hesitate to contact me by telephone if I may provide
further information.
cord(t:J~
Robert Barron
cc: Mr. Tom Lynch, Mayor
city commissioners P.tC/-::iVED ON:
John Walker, City Engineers Office
Nancy Davila, City Horticulturalist ___~-ZI-t:tO
Jim Barry, P. B. County D. E. R. M. Cay ~"'~t"~:;-.ei!S OWeD
j'. City of Di?Joray BeaCh
:'!::: " ;.:
... .. (.._" "_. -0.- _.._ ,__ ~_
SUGGESTED MODIFICATIONS TO PROPOSED DELRAY
BEACH COASTAL ORDINANCE 34-90
1. PROBLEM: Arbitrary fee structure impacts design and discourages
voluntary conservation work.
SOLUTION; Exempt all voluntary, non structural, revegetation or.other
conservation work from fees.
WORDING CHANGES; change 161.54(L)(4) to read " Repair and
revegetation of the dune is strongly encouraged provided the activity
meets the criteria in 'Rules and Guidelines for Dune Maintenance'.
Voluntary dune conservation projects, determined by the City.to have no
adverse impact on the beach/dune system, will be exempt from the
General Permit fee requirement."
,
I
:
change 151 .66(0)( 1), on page 9, to read "General Permit $100.00
(except voluntary conservation projects as described under -Section
151.64(L)(4), and Section 151.64(L)(5) for which all fees are--waived).
RA TIONALE; cost of permits, for our 16 voluntary homeowner funded
projects in Delray Beach, has averaged less than $100 for a minimal
revegetation cost of $1500. Current wording of 34-90 would increase
the red tape cost to over $750, for the same job, or one half of the cost
of the conservation work. My company did more than 70 voluntary
projects (totalling 2 + miles) in the two years before enactment of the
County wide ordinance after which 34-90 was modeled. Since-it became
law in February, we have done only two. Given the increased competition
for outside beach restoration funding, we need to encourage local private
participation in preserving what beach we still have. Any revenues lost by
this change are likely to be returned in decreased beach restoration costs.
AL TERNA TE SOLUTION; index fees for coastal permits to the cost of the
job, under the city's existing fee structure for miscellaneous permits, up
to a cap of $500, for jobs where building permit fees are already
assessed.
1
- _. . ,-.- ...- ~ ...
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2. PROBLEM; restrictions regarding endangered or other listed species
scare coastal homeowners away from use of these species, which makes
them even more endangered.
SOLUTION; add wording to protect property owners from future penalty
if they support species conservation now.
WORDING CHANGES; change wording of 6.Voluntary Restorations, on
page 8 of the "Rules and Guidelines for Dune Maintenance" to read
"Native coastal vegetation that is planted voluntarily to enhance the dune
system, including endangered, threatened, rare or species of special
concern, shall not be subject to the conditions stated in paragraphs B( 1 )
through B(5) above, nor shall such vegetation be considered in opposition
to any future applications for permits to modify the dune under this
ordinance, provided that the burden of proof of voluntary installation shall
be upon :the applicant."
RATIONALE; methods are proven and materials are available to-restore
a number of critically endangered species. Coastal propertYowners are
eager to support species restoration, but only if they are assured that their
efforts will not cause them problems with utilization of their property
should coastal conditions change. Species restoration efforts have come
to a dead standstill since enactment of County 90-2
3. PROBLEM; minor modifications to the dune often do not justify the
costs of permit preparation, by the homeowner, or permit processing by
the city.
SOLUTION; create a de minimus exemption, by which City officials can
authorize, by letter, simple changes.
WORDING ADDITIONS; I will leave this one to the City Attorney who
should reference chapter 17-4.404 of the Florida Administrative Code,
which defines the de minimus exemption frequently used by the
Department of Environmental Regulation for similar purposes. This change
was suggested by persons in the County Department of Environmental
Resources Management, who plan to add it to their own ordinance, upon
revision.
2
--' . . .
. . .
RA TIONALE; many small dune management tasks can be carried out
in less time than it would take to prepare page one of the permit
application.
Examples might be clearing sandburs or windblown sand from an
accessway, pruning dead fronds from palm trees, adding a few specimens
of a new species to the dune, or replacing treads on a walkover sructure.
4. PROBLEM; certain acknowledged beach species are absent from the
approved lists.
SOLUTION; add 'em.
Pioneer zone:
Gaillardia pulchella blanket flower
Borichia arborescens Sea oxeye daisy
Cocos nucifera Coconut Palm
Scrub zone: ~ -
Eustoma exaltatum seaside gentian -----
Hymenocallis latifolia key lily
Seaside evening primrose sea~id~ evening primrose
Znmia pumila coontie
Forest zone:
Cocothrinax argentata silver palm
Pinus clausa sand pine
Thrinax morrissi Key thatch palm
RA TIONALE; a broader range of permitted coastal species promotes
greater genetic diversity, gives the designer more possibilities, and
generally enriches the coastal environment.
These proposed modifications are intended to improve the workability of
the ordinance, remove discouragements to conservation work, and still
maintain the strictness and control necessary to preserve and protect
fragile coastal ecosystems. We recognize the momentum generated by the
first reading of this ordinance, however, we feel that the City can make
improvements to the law, without jeopardizing the second reading, if due
consideration is given by staff to these comments.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER P7:1
SUBJECT: AGENDA ITEM # IDQ!- MEETING OF AUGUST 28, 1990
ORDINANCE NO. 35-90
DATE: August 24, 1990
This is a second reading of an Ordinance amending the Code of
Ordinances by enacting a new subsection, "Prohibition of Nudity,
Partial Nudity, Sexual Conduct at Alcoholic Beverage Establishments".
As the proposed Land Development Regulations do not address Adult
Entertainment establishments, it has been recommended that an
additional action be taken to regulate such establishments within the
City. While County ordinances require that adult bookstores and nude
dancing clubs be licensed, those regulations may not apply in the City
and thus this ordinance has been prepared, This is the first of two
ordinances, A following ordinance will address the zoning
requirements of such establishments.
Recommend approval of Ordinance No. 35-90.
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CITY RTTORNEY'S OFFICE TEL t'jl]. 40727::: 4755 AUI~l 11:) , ';i 1:1 14:36 F , 1:1 ~
. . .
I:IT' aF DELAA' BEAtH
CITY ATTORNEY'S OFFICE 3] 0 SE, ] ,t STREIT, 5UTE 4 DI:I./{AY BEACII,I LCRJ()A 33483
40,/~43.7090 ITlEcorlER 407/27&-4155
MEMORANDUM
Date: August. 8, 1990
To; Cit.y Commission
From: Jeffrey 5. Kurtz, City Attorney
subject: Adult Entertainment Establishmen~s
A concern has been expressed that the proposed land development
regulations do not address adult entertainment establishments.
Adult entertainment establishments exist in two basic forms;
the adult bookstores and nude dancing clubs. Such establish-
ments such be lIcensed pursuant to the regulations set forth in
the County's ordinance. The County's zoning regulations may
not apply in the City and therefore a concern has been voiced
that an area that would permit a bookstore would also permit an
adult bookstore and the likewiee wherever waitresses and
entertainers are permitted there is no prohibition on such
activities being done without clothes, except for the
regulatory aspects o! the county's ordinance.
Various studies have shown that such establiShmints and activi~
ties are detrimental to neighborhoods and other businesses when
they are in close proximity to them; thi.s is especially true
when the activities are mixed with the availability of alcohol.
Moreover, there is a general consensus, that such activities
should be regulated at least to the extent that minors are
prohibited from entering the establishments.
TO alleviate this concern, it is suggested that two ordinances
be enacted. The first ordinance would amend Chapter 113 to
prohibit nudity in conjunction with the' sale of alcohol ( a
draft of which is attached) . The second ordinance (now being
formulated) is a zoning ordinance and defines adult
entertainment establishments allowIng them in the General
Commercial and Industrial Districts Subject to certain
limitations and requirements. These establishments would be
prohibited within 1000 feet of residential districts, churches
and other adult entertainment establishments. In addition,
there Ie a limitation on the time that such activities can take
place and special in parking and landscaping requirements.
Since this is a zoning ordinance and in view of the recent
IIJe,
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ORDINANCE NO. 35-90
AN ORDINANCE OF THE CITY COl"n'IISSION Ot'" THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113, "ALCO-
HOLIC BEVERAGES", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW
SECTION 113.20, "PROHIBITION OF NUDITY, PARTIAL
NUDITY, SEXUAL CONDUCT AT ALCOHOLIC BEVERAGE ESTAB-
LI SHMENTS" , PROVIDING FOR THE DEFINITIONS OF "ALCO-
HOLIC BEVERAGE ESTABLISHMENT" , "NUDITY" , "PARTIAL
NUDITY" , PROHIBITING NUDITY, PARTIAL NUDITY AND
SEXUAL CONDUCT WHERE ALCOHOLIC BEVERAGES, BEER OR
WINE ARE SOLD OR OFFERED FOR SALE FOR CONSUMPTION ON
THE PREMISES AND PROHIBITING ANY PERSON MAINTAINING,
OWNING OR OPERATING AN ESTABLISHMENT WHERE ALCOHOLIC
BEVERAGES, BEER OR WINE ARE SOLD OR OFFERED FOR SALE
FOR CONSUMPTION ON THE PREMISES FROM PERMITTING OR
SUFFERING TOTAL NUDITY IN SUCH ESTABLISHMENT;
PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, determines that permitting or suffering! nUdity or partial
nUdity within alcoholic beverage establishments ts injurious to the
citizens of the City of Delray Beach; and,
I
WHEREAS, in order to preserve the PUblic peace and good order
and to safeguard the health, safety and welfare of the community and the
citizens of the City of De 1 ray Beach, Florida it is necessary and
advisable to regulate and restrict the conduct of owners, operators,
4gents, employees, entertainers, performers, patrons and persons on the
premises of alcoholic beverage establishments from permittin; or suffer-
ing nudity or partial nudity within the City of Delray Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY ~E CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1- That Chapter 113, "Alcoholic Beverages" of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same
is hereby amended by enacting a new Section 113.20, "Prohibition of
nudity, partial nudity, sexual conduct at alcoholic beverage establish-
ments".
Sec. 113.20 PrOhibition of nudity, partial nudity, sexual conduct
at alcoholic beverage establishments.
(A) Definitions.
( 1) "Alcoholic Beverage Establ1shmen t" means any establish-
ment located in the City of Delray Beach which alcoholic
beverages, beer or wine are offered for sale for consump-
tion on the premises.
1 1 .ORD. NO. 35-90
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Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisd.iction to be invalid, such
decision shall not affect the valid,1 ty of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective upon
passage on second and final read.in;.
PASSED AND ADOPTED in l' ~';r..lar session on second and final
reading on this the day of , 1990.
MAYOR
ATTEST:
City Clerk \
First Readin9
Second Relldin<J
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3 0RD. NO. 35-90
C I T'( H T T IJ F> I'. E! ": D F FIe E TEL r,jl]. 4Cl7 2-:-: 475:, HI)'~1 1,:, ,~I ;:' ~ J : 3 r= F . ':':
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City Commieeion
August 8, 1990
Page 2
d9c1s1on involving City of Boynton Beach, it will be forwarded
to the Planning and zoning Department and all notice provisions
of Section 166.043 should be followed prior to its adoption.
This will place it in line for adoption in the latter part of
September, beginning of october.
JSK: sh
Attachmente :
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(2) "Nudi ty" means the exposing to public view of the human
male or female genitals, pubic area, or buttocks,
cleavaQe of the human buttocks, or that portion of the
human female breast encompassed within an area following
below the horizontal line one would have to draw to
intersect a point immediately above the top of the areola
(the colored ring around the nipple),
(3 ) "Partial nudity" means the exposing to PUblic view of the
h~.~m:'\n :':\ale :.:; ~ -:::-.~le cle...;a'Je -'" ~'"- human buttocks or
~- _...,.
that portion ot the human female breast encompassed wit~
an area falling below the horizontal line one would have
to draw to intersect a point immediately above the top of
the areola (the colored ring around the nipple) with less
than a full opaque oovering; or the depiction of covered
human male genitals in a discernibly tur9id state.
(B) Nudity, Partial Nudity, and Sexual Conduct Prohibited.
(1 ) No person shall engage in nudity in any alcoholic bever-
age establishment,
(2) No person shall engage in partial nUdity in any alcoholic
beverage establishment.
(3) No person maintaining, owning or operating an alcoholic
beverage establishment shall suffer Ot permit any person
to en9ag8 in nudity or partial nudi y within any alco-
holic beverage establishment.
( 4) No person Shall engage 1n and no person maintaining,
owning or operating an alcoholic beverage establishment
shall suffer or permit any sexual intercourse, masturba-
tion, sodomy, beastiality, oral copulation, flagellation,
any sexual act which is prohibited by law, touching,
caressing, or fondling of the breasts, buttocks, or any
portion of thereof, anus, or genitals or the simulation
thereof, within any alcoholic beverage establishment.
...
Ie) No establishment permitting nudity or partial nudi ty may be
located within Seven Hundred Fifty (750) feet of any parcel of
land upon which an alcoholic beverage establishment is
located,
(D) For purposes of the above Subsection (e) distance shall be by
airline measurement from property line to property line using
the closest property lines of the parcels of land involved.
The term parcel of land means any quanticy of land capable of
being described with such definiteness that its location and
boundaries may be est.ablished, which is desi;nated by its
owner or developer as land to be used or developed as a lot or
which has been used or developed as a lot,
Section 2. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
2 ORD , NO , 3 5 - 9 0
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (j'JJ,
SUBJECT: AGENDA ITEM #I~- MEETING OF AUGUST 28, 1990
ORDINANCE NO. 36-90
DATE: August 24, 1990
This is a second reading of an Ordinance amending the City Charter to
provide that no individual commissioner/mayor shall hold office for
more than two (2 ) consecutive terms. Additionally, this amendment
provides a requirment that a member must absence himself/herself from
holding office for at least one year prior to seeking office, either
by election or by appointment,
As Charter amendments require approval by a majority vote of the
electors of the City, the provisions of this ordinance will not become
effective until after the referendum election scheduled for November
6th.
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ORDINANCE NO. 36-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
, . DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES
OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH ,
FLORIDA TO ~TICLE ........T "LEGI:::LATIVE" DY AMENDING
-....,
SECTION 3.01, "COMMISSION-CITY MANAGER FORM OF
GOVERNMENT ; TERM OF OFFICE; NUMBER ; OFFICES OF
VICE-MAYOR AND DEPUTY VICE-MAYOR; SUCCESSION TO
OFFICE OF MAYOR" BY ENACTING A NEW SUBSECTION
3.01(c) LIMITING COMMISSIONERS TO TWO CONSECUTIVE
TERMS ; PROVIDING FOR A REFERENDUM ELECTION TO BE
HELD ON NOVEMBER 6, 1990; PROVIDING A REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article III, ""Legislative", Section 3.01,
, "Commission-City Manager Form of Government; Term of Office; NWl\l:)er;
Offices of Vice-Mayor and Deputy Vice-Mayor; Succession to Office of
Mayor", of the City Charter of the City of Delray Beach, Florida,
. Chapter 25788, Laws of Florida, Special Acts of 1949 and amendments
thereto be further amended by enacting subsection (c) to read as
follows:
(c) The individual commissioners and mayor shall be prohibited
from holding office for more than two (2 ) consecutive terms. The term
t'- "holding office" shall include any commission seat or mayoral seat, not
only the seat which the individual is seeking. The term "consecutive
terms" shall require an absence from holding office for at least one (1)
\ , year on the part of the individual seeking office either by election or
appointment.
. Section 2. That Section 1 of this Ordinance shall be
not
effective unless and until the same is approved by a ma j or i ty of the
electors of the City of Delray Beach, Florida, voting at the election to
be held on November 6, 1990 for the purpose of approving or disapproving
, Section 1 of this Ordinance. The question to be submitted to the
electors at such election shall be substantially as follows:
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF
DELRAY BEACH, FLORIDA, TO LIMIT THE COMMISSIONERS
AND MAYOR TO TWO (2) CONSECUTIVE TERMS IN OFFICE.
SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENTS BE
ADOPTED:
FOR APPROVAL D
AGAINST APPROVAL D
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If a maj~rity of the electors voting upon such question
approve the amendment(s), then the amendment(s) shall be in full force
and effect. If a majority of the electors voting upon such questl.on
disapprove such amendment ( s), then the amendment ( s) shall be null and
void.
I. Section 3. That upon the approval of this Ordinance by the
electors as aforesaid, all oFdinances or.~harter provisions or parts of
Charter :'JrO'l:i..~::_-,.:; _~. ::':',-.:::'_. _ _ ___ _:.:'__ .._ _:-.:' ':.::e ~ame are hereby
repealed as of the effective date of thi3 ordinance,
Section 4, That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as 3.
whole or part thereof other than the part declared to be invalid.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1990,
MAYOR
ATI'EST:
. ; City Clerk
First Reading
Second Reading
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #~E:- MEETING OF AUGUST 28, 1990
ORDINANCE NO, 37-90
DATE: August 24, 1990
This is a second reading of an Ordinance amending the City Charter to
provide that at least four affirmative votes are needed to terminate
the City Manager, and additionally, to provide that 72 hours public
notice is given and that a public hearing is held.
As Charter amendments require approval by a majority of the electors
of the City, the provisions of this ordinance will not become
effective until after the referendum election scheduled for November
6, 1990.
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ORDINANCE NO. 37-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
, . DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES
OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH,
FLORIDA TO ARTICLE :'," , .. .:wmN~ 3TRA7~-,-E- EXECUTIVE" ,
SECTION 4.02, "APPOINTMENT; REMOVAL; COMPENSATION",
BY AMENDING SUBSECTION (b) PROVIDING THAT THE
TERMINATION OF THE CITY MANAGER REQUIRE AT LEAST
FOUR AFFIRMATIVE VOTES, PUBLIC NOTICE AND A PUBLIC
HEARING; PROVIDING FOR A REFERENDUM ELECTION TO BE
HELD ON NOVEMBER 6, 1990; PROVIDING A REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
,
Section 1. That Article IV, "Administrative-Executive",
Section 4.02, "Appointment; Removal; compensation", subsection (b) of
\ the Ci ty Charter of the City of Delray Beach, Florida, Chapter 25788,
. Laws of Florida, Special Acts of 1949 and amendments thereto be further
;
amended to read as follows:
. t (b) Removal. ~he-e~~y-~afta~eri-a~-aii-~~~es;-shaii-hei~-eii~ee-a~
~he -pleasltl!'e -e! -a -~a;.el!'~ey -e~ -aii -~he -eell'llft~ss~eft~ The city manager
,. shall only be terminated by the city commission upon the casting of four
(4) affirmative votes in favor of such termination. Said vote shall not
. take place except at a public hearing which has been duly noticed
fit seventy-two (72) hours in advance of the meeting at which the vote takes
place.
~.i. Section 2. That Section 1 of this Ordinance shall not be
~. , effective unless and until the same is approved by a majority of the
electors of the City of Delray Beach, Florida, voting at the election to
be held on November 6, 1990 for the purpose of approving or disapproving
,. Section 1 of this Ordinance. The question to be submitted to the
t electors at such election shall be Substantially as follows:
.
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF
, DELRAY BEACH, FLORIDA, PROVIDING THAT THE TERMINA-
l TION OF THE CITY MANAGER SHALL REQUIRE FOUR (4 )
AFFIRMATIVE COMMISSION VOTES TAKEN AT A PUBLIC
~ MEETING AFTER A PUBLIC HEARING WHICH HAS BEEN
t NOTICED SEVENTY-TWO (72) HOURS IN ADVANCE OF THE
. MEETING.
. SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENTS BE
ADOPTED:
t D
~ FOR APPROVAL
AGAINST APPROVAL D
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If a majority of the electors voting upon such question
approve the amendment(s), then the amendment(sJ shall be in full force
and effect_ If a majority of the electors voting upon such question
disapprove such amendment (s J . then the amendrnem: ( s J shall be null and
void.
, . Section 3. That '.lpon the approval of this Ordinance by the
electors as aforesaid, all ordinances or Charter provisions or parts of
Charter ;;:>rovi::::L::1s ;~ =:Jnf:~__ .~.:. :"'2::. shall be and ~he same are hereby
repealed as of the effective date of this ordinance.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, su:::h
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1990.
,
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MAYOR
ATTEST:
. l City Clerk
First Reading
Second Reading
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2 . -'-, :::. 37-90
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJv1
SUBJECT: AGENDA ITEM #~- MEETING OF AUGUST 28, 1990
ORDINANCE NO. 38-90
DATE: August 24, 1990
This is a second reading of an Ordinance amending the City Charter to
provide that at least four affirmative votes are needed to terminate
the City Attorney, and additionally, to provide that 72 hours public
notice is given and that a public hearing is held,
As Charter amendments require approval by a majority of the electors
of the City, the provisions of this ordinance will not become
effective until after the referendum election scheduled for November
6, 1990.
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ORDINANCE NO. 38-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
I . DELRAY BEACH. FLORIDA, PROVIDING FOR CHARTER CHANGES
OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH,
FLORIDA TO ARTIC:'E :-:, ".;;:,.lINISTRi\I'r;E- EXECUTIVE",
SECTION 4.08, "LEGAL COUNSEL APPOINTMENT, REMOVAL
AND COMPENSATION" , BY AMENDING SUBSECTION ( b)
PROVIDING THAT THE TERMINATION OF THE CITY ATTORNEY
REQUIRE AT LEAST FOUR AFFIRMATIVE VOTES, PUBLIC
NOTICE, AND A PUBLIC HEARING; PROVIDING FOR A
REFERENDUM ELECTION TO BE HELD ON NOVEMBER 6, 1990;
PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
f NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
, . CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I
Section 1. That Article IV, "Administrative-Executive",
, Section 4.08, "Legal Counsel Appointment, Removal and Compensation",
: i subsection (b) of the City Charter of the City of Delray Beach, Florida,
; Chapter 25788, Laws of Florida, Special Acts of 1949 and amendments
thereto be further amended to read as follows:
. III (b) Removal. The city attorney and shall only be terminated by
, the city commission upon the casting of four (4) affirmative votes in
. favor of such termination. Said vote shall not take place except at a
. ' public hearing which has been duly noticed seventy-two (72) hours in
· advance of the meeting at which the vote takes place. s 2Pecial
~ counsel, at all times, shall hold office at the pleasure of a majority
,..,.- of the commission. Assistant city attorneys may be removed with or
l w~thout cause by the city attorney.
':""
Section 2. That Section 1 of this Ordinance shall not be
t " effective unless and until the same is approved by a majority of the
~ . _ electors of the City of Delray Beach, Florida, voting at the election to
~ be held on November 6, 1990 for the purpose of approving or disapproving
, Section 1 of this Ordinance, The question to be submitted to the
f electors at such election shall be substantially as follows:
i AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF
t DELRAY BEACH, FLORIDA, PROVIDING THAT THE TERMINA-
l TION OF THE CITY ATTORNEY SHALL REQUIRE FOUR (4 )
. AFFIRMATIVE COMMISSION VOTES TAKEN AT A PUBLIC
t MEETING AFTER A PUBLIC HEARING WHICH HAS BEEN
, NOTICED SEVENTY-TWO (72) HOURS IN ADVANCE OF THE
MEETING.
I
SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENTS BE
ADOPTED:
!
FOR APPROVAL ~
AGAINST APPROVAL ~
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If a majority of the electors voting upon such question
approve the amendment(s), then the amendment(s) shall be in full force
and effect. If a majority of the electors voting upon such question
disapprove such amendment ( s) , then the amendment(s) shall be null and
void.
Section 3. That upon the approval of this Ordinance by the
electors as aforesaid, all ordinances or Charter provisions or parts of
, Charter provisions in conflict with shall be and the same are hereby
repealed as ~f ":~::; :::~:~:~:~.: =~":: :: "::-,,:.:; =::-=.ina~ce.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
P1o.SSED AND l>JX)PTED in regular session on second and final
- ~ reading on this the day of , 1990.
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MAYOR
1 -. 1o.TTEST:
..iII City Clerk
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First Reading
Second Reading
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MEMORJ..NDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM #, - MEETING OF AUGUST 28, 1990
REQUEST FOR WAIVER TO THE SIGN CODE
DATE: August 24, 1990
This item is before you to hold a public hearing on a request from
Mobil Oil Company for waiver to the sign code to permit the placement
of a 17 foot sign, with a 138 square foot sign cabinet, within the
setback, The applicant has stated that since the widening has taken
up much of the property, and because trees in the area are 15 feet
high, a 17 foot sign is needed. The setback requirement, as specified
in the City Code, for Congress Avenue and Lowson Boulevard is 30 feet,
However, the Code does provide for a variance providing that the sign
is no more than seven feet high with a 40 square foot sign cabinet.
The Community Appearance Board at their August 8th meeting recommended
approval of the variance subject to Commission approval. Staff
however, is recommending that the Commission deny the waiver request
as the owner can erect a visible, smaller sign in elsewhere on the
property,
Recommend that a public hearing be conducted to consider request for
waiver to the Sign Code from Mobil Oil Company.
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MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMEN~
SUBJECT: SIGN CODE WAIVER FOR MOBIL
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DATE: AUGUST 21, 1990
BACKGROUND
Mobile Oil Company, located at Sherwood Park, 1001 S. Congress
Avenue, is requesting a waiver to the sign code due to the
widening of Congress Avenue.
Proposed free-standing sign is 17 feet high and has a sign
cabinet of 138 square feet. The sign is set back 10 feet from
the property line.
The setback requirements for Congress Avenue and Lowson Blvd are
30 feet; therefore, the proposed sign will not comply with Sec.
162.055(B) (4), which allows a variance if the free-standing sign
is set back at least 10 feet if the sign is no more than 7 feet
high with a 40 square foot sign cabinet.
The sign proposal is, therefore, 10 feet too high with a sign
cabinet that is 98 square feet too large. CAB favorably reviewed
the sign on 8/8/90.
RECOMMENDATION
Staff is recommending that the Commission deny Mobil's waiver
request. The owner has the option of going with a smaller sign
in the proposed location. It is staff's opinion that the
proposed sign can be accommodated at a different location on the
property.
LB:DQ
D/7
Comm.828
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER m
SUBJECT: AGENDA ITEM #~ - MEETING OF AUGUST 28, 1990
REQUEST FOR WAIVER TO THE SIGN CODE
DATE: August 24, 1990
This item is before you to hold a public hearing on a request from
the Saturn Dealership to erect a 17 foot sign with a 62 square foot
sign cabinet. City Code requires that the sign cabinet on a second
free standing sign not exceed 50 square feet, Previously, two 16 foot
signs were approved, however, the manufacturer is now stating that the
minimum height configuration for these signs is 17 feet and thus the
applicant is requesting a variance to permit a larger sign cabinet.
The Community Appearance Board at their August 8th meeting recommended
of the 17 foot height and also provided favorable review of the larger
sign cabinet. Staff however, is recommending denial of the waiver
based upon a finding that approval of this waiver request would set an
undesirable precedent.
.
Recommend the Commission conduct a public hearing on the request from
the Saturn Dealership for waiver of the Sign Code,
. .
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
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FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENTtC!r
SUBJECT: SIGN CODE WAIVER FOR SATURN ' ~)
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DATE: AUGUST 23, 1990
BACKGROUND
Saturn, located at 2800 S. Federal Highway is requesting a waiver
to Sec. 162.035(F)(3) (a), which requires the sign cabinet of a
second free-standing sign not to be larger than 50 square feet.
Proposed sign is 62 square feet, which is 12 square feet over the
code requirement.
CAB favorably reviewed the sign on 7/25/90 and 8/8/90, re-
adjusting the height to 17 feet.
RECOMMENDATION
Staff is recommending that the Commission deny Saturn's waiver
request for the larger sign, even though CAB provided a favorable
review and is in support of the larger sign. Approval of this
waiver request would set an undesirable precedent.
LB:DQ
D/7
Comm.828
IIJII
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER IJftt;f
SUBJECT: AGENDA ITEM #1()J(: MEETING OF AUGUST 28, 1990
REQUEST FOR WAIVER TO THE SIGN CODE
DATE: August 24, 1990
This item is before you to hold a public hearing on a request from
the Wallace Dealerships to erect a free-standing 18 foot sign with a
120 square foot sign cabinet within 18 feet of the property line; a
free-standing 18 foot sign with a 91 square foot sign cabinet within 7
feet of the property line; and a free-standing 18 foot sign with a 61
square foot sign cabinet. City Code allows for a variance of setback
requirements providing that the sign is no higher than seven feet and
has a sign cabinet no larger than 40 square feet. Additionally, the
Code requires that the sign cabinet on a second free standing sign not
exceed 50 square feet,
These signs are proposed to replace existing monument signs which due
to poor visibility provide insufficient advertising capabilities at
this site. The applicant has proposed removing the monument wall and
associated signs, providing required landscaping, and bringing his
other signs into compliance.
The Community Appearance Board at their August 8th meeting recommended
approval of the signs, subject to the "Dodge" sign being moved within
two years, There is no staff recommendation. However, it should be
noted that if this were three separate properties, with three separate
property owners, the three free-standing signs would be permitted.
Recommend the Commission conduct a public hearing on the request from
the Wallace Dealerships for waiver of the Sign Code.
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MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER 1;(1
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ,/-0)
'.!
SUBJECT: SIGH CODE WAIVER FOR BILL WALLACE FORD
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DATE: AUGUST 21, 1990
BACKGROUND
Bill Wallace Ford, located at 1111 Linton Blvd is requesting a
waiver to the sign code for three free-standing signs due to poor
advertising visibility that exists with his current signage. He
will remove all existing free-standing signs on his property,
which is located on the east side of Germantown Road, but will
retain the flat wall signs at CAB's request. CAB favorably
reviewed Mr. Wallace's request on 8/8/90.
The following three free-standing signs are submitted for your
waiver consideration:
1. DODGE
PROPOSED: The free-standing sign is 18 feet high and has a
sign cabinet of 120 square feet. The sign is set back 18
feet.
SIGN CODE: Sec. 162.055 (B) (4) authorizing a sign variance
allows a sign that is not set back 30 feet from the property
line, but is set back more than 10 feet, to be no more than
7 feet high with a 40 square foot sign cabinet. In
addition, this is not the sole identification sign on the
property, as prescribed by code, as two other free-standing
sign permits are requested.
NOTE: CAB has limited their approval on this free-standing sign
to 24 months in the hopes the Dodge sign will be relocated to an
adjoining property when it is built.
2. NISSAN
PROPOSED: The free-standing sign is 18 feet high and has a
sign cabinet of 91 square feet. The sign is set back 7 ft.
SIGN CODE: Sec. 162.055 (B) (2) authorizing a sign variance
allows a sign that is not set back 30 feet from the property
line to be no more than 7 feet high with a sign cabinet of
20 square feet.
IlJr
Sign Code Waiver - Wallace
City Commission
August 28, 1990
Page 2
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3. NISSAN USED CARS
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PROPOSED: The third free-standing sign is 18 feet high with
a cabinet face of 61 square feet.
SIGN CODE: Sec. 162.035(F) (3) (a) allows the property to
have a maximum of two free-standing sign. In addition, the
cabinet face may not exceed 50 square feet.
RECOMMENDATION
Staff is recommending that the Commission consider Mr. Wallace's
request for 3 proposed free-standing signs. Consideration to the
property owner's advertising difficulties are part of this
request. The CAB has determined that his concerns deserve some
consideration from the Commission. To approve these larger signs
is a policy change from the requirement of small, monument signs.
A consideration should also be shown that if the property were
subdivided into three separate properties, with three separate
property owners, the three free-standing sign would be permitted.
LB:DQ
0/7
Comm.828
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I>1ANAGER ~
SUBJECT: AGENDA ITEM # ~- MEETING OF AUGUST 28, 1990
REQUEST FOR WAIVER OF THE CITY CODE
DATE: August 24, 1990
We received a request for waiver of the Sign Code to permit a 375
square foot flat wall sign on the Costco building located at 500
Linton Boulevard. The City Code currently provides for flat wall
signs no larger than 160 square feet,
The Community Appearance Board at their August 22nd meeting reviewed
this request. At that time the applicant presented an alternate
proposal which had smaller lettering. The Community Appearance Board
recommended approval of the modified sign. Staff has also reviewed
this request and found that the sign is proportionate when placed on
the existing wall which is over 5,000 square feet. Therefore, they do
not oppose the sign waiver, however do not have a basis on which to
make a recommendation for approval.
Recommend the Commission conduct a public hearing on the request for
waiver to the City Code from Costco,
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT(l?g
SUBJECT: SIGN CODE WAIVER FOR COSTCO
-- -
DATE: AUGUST 21, 1990
BACKGROUND
Costco, located at 500 Linton Blvd is requesting a waiver to the
sign code to allow a flat wall sign that is larger than 160
square feet per Section 162.035 (F) (3) (c).
Proposed flat wall sign will be 375 square feet.
RECOMMENDATION
Staff is recommending that the Commission consider Costco's
request to waive the flat wall signage requirement. The sign is
proportionate when placed on the existing wall which is over
5,000 square feet. I think it is fair to state that the sign
code did not anticipate this size building frontage in
determining the maximum size of flat wall signs.
Staff does not oppose the sign waiver request but does not have a
basis on which to recommend approval of the waiver.
LB:DQ
0/7
Comm.B2B
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RESOLUTION NO. 90- A-
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF DELRA Y BEACH TO AMEND ITS COMMUNITY REDEVELOPMENT
PLAN TO PROVIDE FOR THE IMPLEMENT A TION OF A REDEVELOPMENT
PROGRAM WHEREBY THE CRA WILL EXPEND TAX INCREMENTAL
FINANCING FUNDS TO SUBSIDIZE THE INTEREST ON LOANS USED TO
ENHANCE OR UPGRADE THE EXTERIOR OF PRIV A TEL Y OWNED PROPER-
TIES WITHIN THE COMMUNITY REDEVELOPMENT AREA
WHEREAS, the Community Redevelopment Agency of the City of Delray Beach has
heretofore adopted a Community Redevelopment Plan; and
WHEREAS, the CRA is desirous of modifying said Plan to provide for an additional program
whereby tax incremental revenue funds received by the CRA will be utilized to subsidize interest on
loans obtained by private persons to improve the exterior of properties within the Community
Redevelopment Area; and
WHEREAS, upon the approval of the subject modification to the Community Redevelopment
Plan by the City Commission of the City of Delray Beach, the CRA will proceed with the adoption
and formulation of a detailed financial and management plan with respect to such project.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Community
Redevelopment Agency of the City of Delray Beach that:
1. The Community Redevelopment Plan be amended and modified in the manner set
forth in Exhibit A attached hereto and made a part hereof.
2. This recommended modification and amendment to the Community Redevelopment
Plan shall be forthwith submitted to the City Commission of the city of Delray Beach for public
hearing and approval.
RESOLVED this <7 day of August, 1990, by a vote of to 0
Aile,': Q~~ p-~
Secreta#,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~- MEETING OF AUGUST 28, 1990
ORDINANCE NO, 39-90
DATE: August 24, 1990
This is a first reading of an Ordinance amending the Gulfstream
Building SAD (Special Activities District). The Gulfstream Building
is located on the north side of George Bush Boulevard (N.E, 8th
Street east of the Intracoastal Waterway, A similar request was
before the Commission at your June 26th regular meeting and was denied
at first reading, Subsequently, the Commission considered a request
for waiver of City Code Section 173,887 (A)(1) to permit another
rezoning application to be submitted prior to the 6 month waiting
period required by Code. That request was approved at your July 10th
regular meeting.
Initially, a proposal was submitted for POC (Planned Office Center),
that petition was amended and a modification to the existing SAD uses
was proposed. The resulting list of modifications contain three new
uses which are not currently allowed under the existing SAD: Retail
banking offices; Title Insurance Company; Marine or aviation
brokerage firm. Additionally, the modification of the conditional
uses within the SAD ordinance involves the removal of arbitrarily
place restrictions, i. e, sunset clauses and maximum square footage
restrictions,
The Planning and Zoning Board at their August 20th meeting recommended
approval of the request modifications. One letter of opposition was
received and is attached as backup material for this item. A detailed
staff memorandum is also attached.
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l ORDINANCE NO. 3 9- 9 0
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 38-84 BY
i REPEALING SECTION 2(a) AND ENACTING A NEW SECTION 2(a)
! TO PROVIDE FOR CONDITIONAL USES PERMITTED IN THIS SAD
, . I
I (SPECIAL ACTIVITIES DISTRICT) 1 BY ADDING A NEW SECTION
2 (i) TO PROVIDE FOR S IGNAGE LIMITATIONS 1 PROVIDING A
SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE1
i PROVIDING AN EFFECTIVE DATE.
,
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'I WHEREAS , the City Commission in Ordinance No. 38-84 zoned the
, property known the Gulfstream Building, located at the northwest
:l as
, corner of N.E. 8th Street and Andrews Avenue, to the SAD (Special
! Activities District) and approved conditional uses and a site and
development plan subject to conditions1 and,
~ WHEREAS, Section 2 (a) of Ordinance No. 38-84 set forth the list
! , of conditional uses to be permitted within this SAD (Special Activities
I J District) 1 and,
WHEREAS, the City Commission, pursuant to City ordinances,
J, t wishes to amend the conditional uses to be permitted within this SAD
l '.
. p (Special Activities District) 1 and,
: l
WHEREAS, the City Commission, pursuant to City ordinances,
- - wishes to add an additional section pertaining to signage,
~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
" CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
f-r-- Section l. That Ordinance No. 3 8- 8 4 , Section 2(a), is hereby
repealed and a new Section 2(a) is hereby enacted to read as follows:
~i' (a) The only conditional uses to be permitted here-
t- , under are as follows:
Medical Offices limited to 12,000 square feet
Professional Offices
Trustees limited to the conduct of .trust
business. as defined in Florida Statutes,
- l Chapter 658, or as may be amended
Retail banking offices limited to 4,000 square
t feet; Drive-in facilities shall not be allowed
- I Charitable Foundations
I Executive offices which are not frequented by the
general public at the premises
- One Pharmacy
! One Real Estate Brokerage firm
~ One Securities Brokerage firm
I Advertising/Public Relations offices
Nursing Placement offices
I One Title Insurance Company
Marine or aviation brokerage firms, without on-
premises storage of items which are brokered
Section 2. That a new Section 2 (i) relative to signage be
added to read as follows:
(i) Signage shall be limi ted as follows: There may
be one Monument sign, eight foot two inches
(8'2.) high, consisting of two (2) double-faced
illuminated cabinets on a pedestal base, the base
being two feet (2') high, the first cabinet being
two feet (2') hi9h, and the second cabinet being
four feet (4') h1gh with a two inch (2.) separa-
1.1-rt
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tion. The larger cabinet shall contain the name
of one major tenant and the smaller cabinet shall
contain the address of the property. There shall
be no signage on the building except (a) awnings
or similar decoration limited to the first floor
, , which may bear the name of the tenan t , or (b)
identification in the doorway of the tenant
occupying the first floor.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
I declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
I
Section 5. That this ordinance shall become effective ten (10)
days after passage on second and final reading.
PASSED AND ADOPTED in regular session on this the day of
! , 1990.
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MAY 0 R
ATTEST:
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{L
City Clerk
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First Reading
Second Reading
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- 2 - Ord. No. 39-90
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"
C I T Y COMMISSION DOCUMENTATION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
~~~
FROM: D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 28, 1990
FIRST READING CONSIDERATION OF AN ORDINANCE MODIFYING
THE GULFSTREAM BUILDING S.A.D.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance which modifies the
list of permitted uses f or the Gulfstream S.A.D. and which
also restricts signing for that project.
The Gulfstream S.A.D. (aka Gold Building) is located on the
north side of George Bush Boulevard (NE 8th St), east of the
Intracoastal Waterway.
BACKGROUND:
A similar request was before the Commission and was denied a
short time ago. Special consideration was given to allow another
rezoning petition to be submitted. Initially submitted for POC
zoning, the petition was amended to a modification of the
existing SAD uses. The resulting list of uses resulted as a
compromise action on behalf of the agent, objecting residents,
and representatives of the Beach Property Owners Association.
The terms of the compromise have been incorporated in the
proposed ordinance. Please refer to the P&Z Staff Report for a
more complete description of the project and its analysis.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board reviewed this request at its
meeting of August 20, 1990. Following a public hearing and on a
unanimous vote of 5-0, the Board recommended approval of the
requested modification as modified (by the agent) at the meeting.
There was one letter of opposition.
city Commission Documentation
First Reading Consideration of an Ordinance Modifying
The Gulfstream Building SAD
Page 2
RECOMMENDED ACTION:
By motion, based upon the findings of the Planning and Zoning
Board, approval of the ordinance on first reading.
NOTE: Because this ordinance is modifying an existing SAD
ordinance, this "rezoning" cannot be accommodated in the LOR
action.
Attachments:
* Cover sheet from the P&Z Staff Report of August 20, 1990
REF/DJK#70/CCGULF.TXT
,
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:J~ANN; I NG 8 ZONING BOARD STAFF REPORT
- -- - --
:ITY OF OELRAY BEACH
.-:ETING rnTE: AUGUST 20, 1990
AG~ ITEM: IILB.
ITEM: A MAJOR MODIFICATION TO THE CONDITIONAL USES OF THE GULF STREAM BUILDING SAD
(SPECIAL ACTIVITIES DISTRICT), AT THE NORTHWEST CORNER OF N.E. 8TH STREET
AND ANDREWS AVENUE.
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:;r:NERAL DATA:
I
Owner.......................... .8ill Hammonds, President
(Suncoast Saving and Loan Assoc. )
Applicant.......................8ill Hammonds, President
(Suncoast Saving and Loan Assoc.)
Location........................North side of Northeast 8th
Street between Andrews Avenue and
the Intracoastal Waterway
Property Size...................l.35 Acres
City Land Use Plan..............Transitional
City Zoning.....................SAD (Special Activities District)
Requested Zoning................Modified SAD
Adjacent Zoning.................North. East, South. and West of
the subject property are zoned
Rr'I-10 (Multiple Family Dwelling
District)
Existing Land Use...............Office
Proposed Land Use...............Office and Limited Retail Uses
Water service...................Existing on-site
Sewer Service...................Existing on-site
ITEM: IILB.
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ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation
on a major modification to the Conditional Uses allowed under the
current Special Activities District (SAD) for the Gulfstream
Building.
The property is located on the north side of N.W. 8th Street
between Andrews Avenue and the Intracoastal.
BACKGROUND:
On June 18, 1990 the Board considered a major modification to the
Conditional Uses allowed under the SAD Ordinance for this
property. The request was originally submitted as a rezoning
request from SAD to LC but then was later amended. The Board
recommended denial of the petition as it did not support the
introduction of new commercial and retail uses to the site. The
Board also recommended denial of a modified petition to rezone t"
from SAD to POCo ,
The City Commission considered the major modification of the SAD
at first reading on June 26, 1990, and denied the request. ,
On July 10, 1990, the applicant returned to the City Commission
to request a waiver of Section l73.887(A)(1) to permit a
resubmittal of a zoning application prior to the 12 month waiting
period required by Code. The waiver was granted and the
applicant submitted a rezoning request from SAD to POC on August
3, 1990. After meeting with representatives from surrounding
homeowner associations, a list of uses was compiled. As the
reduced list could not be accommodated via a rezoning to POC, the
application was amended to a major modification of the existing
SAD ordinance, with uses to be allowed pursuant to the negotiated
reduced list. This is now the application before you.
For additional background information please refer to the staff
report prepared for the rezoning request from SAD to LC on June
18, 1990.
PROJECT DESCRIPTION:
A five story building was constructed on the site in 1962 under
the RM-lO zoning district. It's uses were restricted via SAD
Ordinance No. 38-84. The purpose of the request is to remove
current restrictions and to provide for additional uses.
Ordinance No. 38-84 restricted the uses as follows:
* Four ( 4 ) Medical Offices, not exceeding 9,200 square feet,
which use shall cease on or before January 1, 1991.
Ii&z Staff Report
Gulfstream Building SAD
Page 2
* Professional Offices limited to: accountants; architects;
landscape architects; attorneys; engineers; and individual
and corporate trustees limited to the conduct of "trust
business" as defined in Florida Statutes, Chapter 658, or as
may hereafter be amended, but excluding any commercial
banking business.
* Charitable Foundations.
* Executive Offices, of the following: Financial
Institutions; market research and analysis companies;
publishing companies; real estate investment and development
companies; each such executive office limited to 3,500
square feet.
* Pharmacy, limited to 720 square feet, which use shall cease
on or before January 1, 1991-
* One ( 1 ) Real Estate Brokerage Office, limited to 1,250
square feet.
* One ( 1) Securities Brokerage Firm, limited to 2,500 square
feet.
* One ( 1 ) Advertising/Public Relations Office, limited to
1,000 square feet.
* One ( 1 ) Nursing Placement Office, limited to 1,500 square
feet.
* Private Executive Offices which do not conduct business with
the general public.
The unusual restrictions to specific floor area were initiated in
response to concerns relating to traffic generation rates as
expressed during the rezoning hearing. At the public hearing the
following concerns were expressed:
* higher traffic generation rates with general office vs
current professional office use.
* The additional 3,400 sq. ft. to the fifth floor and its
violation of the height ordinance and precedent setting
ramifications.
* General intensity of use with an additional 3,400 sq. ft.
(fifth floor) and associated traffic concerns, quality of
life and effect on property values.
oJ
P&Z Staff Report
Gulfstream Building SAD
Page 3
The applicant's basis for the request is as follows:
1. "Under the present SAD zoning the property has served the
surrounding community beneficially as the only convenient
commercial location east of the Intracoastal Waterway,
providing important services, such as prescription drugs and
health aids. A sunset clause in the present zoning would
end the possibility of providing this service to the local
community.
2. The present SAD zoning was designed prior to the completion
of significant medical office space around both the Delray
Community Hospital and Bethesda Hospital. As a result,
restriction to a percentage mix of tenants is no longer
necessary nor is it desirable. There is a wide disbursement
of doctors across the City and in fact it would now be
beneficial to the City if professionals were encouraged to
stay east of the Intracoastal Waterway. ;.,
~,
3. The proposed major modification of SAD is consistent with
good zoning practice because it will establish a unified
office complex in a completely enclosed building. Goods, or:
wares and merchandise will not be displayed, exchanged or
sold and there will be no outdoor storage.
4 . Since the major modification of SAD is consistent with good
zoning practice, it will not disrupt or offend the public
health and welfare of the surrounding property owners or the
City of Delray Beach.
5. Because of the relatively small size of the building and the
general nature of the area, rezoning of this property would
not impact on any of the surrounding properties which are
already developed as Multi-family and for residential use.
PROJECT ANALYSIS:
COMPREHENSIVE PLAN:
The current land use designation for this parcel is
"transitional". The following Comprehensive Plan policy relates
to this proposal:
Land Use Policy A-5.7 The current SAD zoning district may
be used in the application of zoning to any land use (map)
designation/category. The uses to be allowed in any
specific S.A.D. zoning shall be determined by the City
Commission at the time of rezoning to S.A.D. The district
may include uses from more than one land use category.
P&Z Staff Report
Gulfstream Building SAD
Page 4
The zoning reconsidered for this property, pursuant to the LOR
rezoning, is RM. Consideration of this zoning request by the
City Commission will occur after adoption of the LDRs and will
therefore supersede any proposed rezoning action associated with
the LOR adopticn process.
CONDITIONAL USE ANALYSIS:
The applicant has met with representatives of homeowner
associations in the area and via their input has reduced the
number of uses to be proposed.
The following matrix shows the comparison between these proposed
uses and the existing allowed uses:
Proposed SAD Current SAD
Medical Offices limited Allowed until 1/91 but limited
to 12,000 square feet to 9,200 sq. ft.
Professional Offices Allowed but limited to
specific professional offices
under RM-10 Zoning district.
Trustees limited to the Allowed
conduct of "trust business"
as defined in Florida Statutes,
Chapter 658, or as may amended.
Retail banking offices limited Currently not allowed and
to 4,000 square feet excluding specifically excluded.
any Drive-in facilities.
Charitable foundations Allowed
Executive offices which are Allowed but limited to
to be frequented by the general specific types.
public at the premises.
One Pharmacy Allowed until 1/91 but limited
to one office to 720 sq. ft.
One Real Estate Brokerage firm Allowed but not limited to one
per minor modification
11/21/88
One Securities Brokerage Firm Allowed but limited to one
office of 2,500 sq. ft.
Advertising/Public Relations Allowed but restricted to one
offices office of up to 1,000 sq. ft.
.
P&Z Staff Report
Gulfstream Building SAD
Page 5
Nursing Placement offices Allowed but restricted to one
office of up to 1,500 sq. ft.
One Title Insurance company Currently not allowed.
Marine or aviation brokerage Currently not allowed.
firms, without on-premises
storage of items which are
brokered.
Pursuant to Delray Beach Code of Ordinances Section 173.848
(Standards for Evaluating Conditional Uses) , there are ten
standards by which all Conditional Uses are evaluated. Because
the proposed uses will be located in an existing building that
was developed pursuant to the City Land Development Regulations,
the following standards for evaluating Conditional Uses are not
applicable:
( 1) Ingress and Egress
( 3) Refuse and Service
( 4 ) Utilities
(5) Screens and Buffers
(6 ) Signs and Lighting
( 7 ) Setbacks and Open Spaces
( 9 ) Building Height
The following are the standards that are applicable:
Standard #2 (off street parkinq and loadinq)
The site currently contains 92 parking spaces for the 25,686
sq. ft. building. The existing uses under conventional parking
calculations require 104 parking spaces (3.5 per 1,000 sq. ft. for
16,486 sq. ft. of professional office, 5 per 1,000 sq. ft. for
9,200 sq. ft. of medical office) . The proposed SAD uses will
increase the potential medical office use and increase the
parking requirements to 108 parking spaces (3.5 per 1,000 sq. ft.
for 13,686 sq. ft. of professional office, (5 per 1,000 sq. ft. for
12,000 sq. ft. of medical office).
Pursuant to Section 173.636 parking and loading requirements
shall be established at the time the property is rezoned SAD.
Therefore with this modification the existing 92 parking spaces
can be established as the required number of spaces.
P&Z Staff Report
Gulfstream Building SAD
Page 6
Standard #8 (qeneral compatibility with adjacent properties)
The existing land use pattern is that of Multiple Family
Res~dential (RM-IO) to the north, south and west and professional
offices to the east. To the north the property is bordered by
the "Waterway North Condominiums", to the west by the "Waterway
North II Condominiums", to the south by the "Landings
Condominiums". To the east of the site is bordered by Andrews
Avenue (north of 8th Street) and a one-story professional office
developed under RM-lO zoning district. As the proposal involves
an existing building, any impact would relate to the additional
uses which would be allowed.
With the previous rezoning requests to LC and modification to the
SAD, major concerns relating to compatibility conflicts stemmed
from the introduction of higher traffic generating retail and
commercial uses. The uses under this development proposal do not
include any retail commercial uses and represent the introduction
of three new uses including a retail bank (4,000 sq. ft. ) , Title
Insurance company, and marine brokerage firm. Changes in traffic
impact from these three uses should be negligible and can quickly
disperse on N.E. 8th Street to both Federal Highway or A-I-A
thereby minimizing the impact on adjacent neighborhoods.
Standard #10 (economic effects on adjacent properties)
Relationship to existing Land Use Pattern)
There should be no direct correlation between a change in the
utilization of the existing building and property values in the
area.
OTHER ITEMS:
One letter of opposition has been received and a copy is attached.
ASSESSMENT:
The modification of the Conditional Uses within the SAD ordinance
involves the removal of arbitrarily placed restrictions 1. e.
sunset clauses, and maximum square footage as well as the
introduction of three ( 3 ) new uses. It appears appropriate to
recommend approval to remove restrictions on specific uses
thereby treating this SAD similar to others. With respect to the
introduction of new uses, the fate of each should be considered
after public testimony is received.
.
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P&Z Staff Report
Gulfstream Building SAD
Page 7
ALTERNATIVES:
1- Continue with direction.
2. Recommend approval of the major modification to the
Conditional Uses under the SAD zoning designation based upon
positive findings with respect to the (Ten Standards for
Evaluating Conditional Uses) to include uses as presented or
amended.
3. Recommend denial of the major modification to the
Conditional Use under the SAD zoning designation with
reasons stated.
RECOMMENDATION:
Recommend approval of the major modification to the Conditional
Uses under the SAD zoning designation based upon positive
findings with respect to the (Ten Standards for Evaluating
Conditional Uses) to include uses as presented or amended. I
1
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REF/PD#33/GULF.TXT
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PROPOSED SPECIAL ACTIVITIES DISTRICT
1- Medical Offices limited to 12,000 square feet
2. Professional Offices
3. Trustees limited to the conduct of "trust business" as
defined in Florida Statutes, Chapter 658, or as may amended.
4. Retail banking offices limited to 4,000 square feet
excluding any Drive-in facilities.
5. Charitable foundations
6 . Executive offices which are not frequented by the general
public at the premises. I
7. One Pharmacy
8. One Real Estate Brokerage firm <('
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9 . One Securities Brokerage Firm
10. Advertising/Public Relations offices ~
11- Nursing Placement offices
12. One Title Insurance company
13. Marine or aviation brokerage firms, without on-premises
storage of items which are brokered.
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RESOLUTION NO. 90- It
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF DELRA Y BEACH TO AMEND ITS COMMUNITY REDEVELOPMENT
PLAN TO PROVIDE FOR THE IMPLEMENT A TION OF A REDEVELOPMENT
PROGRAM WHEREBY THE CRA WILL EXPEND TAX INCREMENTAL
FINANCING FUNDS TO SUBSIDIZE THE INTEREST ON LOANS USED TO
ENHANCE OR UPGRADE THE EXTERIOR OF PRIV A TEL Y OWNED PROPER-
TIES WITHIN THE COMMUNITY REDEVELOPMENT AREA
WHEREAS, the Community Redevelopment Agency of the City of Delray Beach has
heretofore adopted a Community Redevelopment Plan; and
WHEREAS, the CRA is desirous of modifying said Plan to provide for an additional program
whereby tax incremental revenue funds received by the CRA will be utilized to subsidize interest on
loans obtained by private persons to improve the exterior of properties within the Community
Redevelopment Area; and
WHEREAS, upon the approval of the subject modification to the Community Redevelopment
Plan by the City Commission of the City of Delray Beach, the CRA will proceed with the adoption
and formulation of a detailed financial and management plan with respect to such project.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Community
Redevelopment Agency of the City of Delray Beach that:
1. The Community Redevelopment Plan be amended and modified in the manner set
forth in Exhibit A attached hereto and made a part hereof.
2. This recommended modification and amendment to the Community Redevelopment
Plan shall be forthwith submitted to the City Commission of the city of Delray Beach for public
hearing and approval.
RESOLVED this ~7 day of August, 1990, by a vote of to 0
Alles': O"C~ p'~
Secreta#,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM J~- MEETING OF AUGUST 28, 1990
ORDINANCE NO. 40-90
DATE: August 24, 1990
This is a first reading of an Ordinance amending the Code of
Ordinances by enacting a new section "Annexation, Unbilled Properties,
Remedial Provisions" to provide for billing of annexed properties and
previously unbilled properties receiving refuse collection services
from Waste Management, Inc. This ordinance, like the amendment,
provides the mechanism to furnish payment to Waste Management for
those properties annexed into City prior to October 1, 1989 and those
previously unbilled units.
Recommend approval of Ordinance No, 40-90.
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ORDINANCE NO. 41-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS, CHAPTER 51, "GARBAGE AND TRASH", BY ENACTING
A NEW SECTION 51.76, "ANNEXATION, UNBILLED PROPER-
TIES; REMEDIAL PROVISIONS", TO PROVIDE FOR BILLING
OF ANNEXED PROPERTIES AND PREVIOUSLY UNBILLED
PROPERTIES, PROVIDING A SAVINGS CLAUSE; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, That Title V, "Public Works", Chapter 51, "Garbage
and Trash, of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended by enacting a new Section
51. 76, "Annexation, Unbilled Properties; Remedial Measures" to read as
follows:
Section 51,76, Annexation, Unbilled Properties; Remedial
Measures
(a) Dwelling units serviced by contractor, which were annexed
into the City prior to October 1, 1989 shall be added as
additional units and the contractor shall be compensated
for the services provided to the; annexed units from
October 1, 1989 through September 30, 1990 to the extent
that the City is able to bill and collect for the
services provided. The above described annexed units
shall be added to the monthly billing statement, provided
by contractor effective October, 1990. Each successive
year, the contractor shall be allowed to add annexed
dwelling units for the previous fiscal year,
(b) The contractor is entitled to payment for services
rendered to properties for each dwelling unit within the
City. If it is discovered that dwelling units have not
been billed for services rendered, then the City shall
bill for the total of all monthly service charges due,
retroactive to the date services started or the beginning
of the fiscal year, whichever date is later, Thereafter,
service charges for such units shall be billed monthly as
provided in Section 51,71, The City shall compensate its
contractor for service to previously unbilled units
discovered between October 1, 1989 and September 30, 1990
to the extent that the City is able to bill and collect
for the services provided.
(c) Dwelling unit is defined in Section 173,001, "Defini-
tions", of the Code of Ordinances of the City of Delray
Beach or as described in Section 1. 4.5, "Definitions" of
the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida,
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Section 2. That should any section or provision of th...w
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 validi ty of the remainder hereof as a
whole or part thereof other than the part declared to be invalid,
Section 3, That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 5. That this ordinance shall become effective upon
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of 1990.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading ,
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ORD. NO, 41":10
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