10-23-90 Regular
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - OCTOBER 23, 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 individua1 wi11 be 1imited to
three minutes or 1ess (10 minutes for group presentations). The Mayor
or presiding officer may adjust the amount of time allocated at
his/her discretion.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter
within the scope of jurisdiction of the Commission under this
section. The Commission may withhold comment or direct the
City Manager to take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item
under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
those individuals wishing to address public hearing and/or
non-agendaed items should complete the sign-in sheet located on the
right side of the dais. If for some reason you are not able to
complete the sign-in sheet prior to the start of the meeting, you
will not be precluded from addressing the Commission on an
appropriate item. The primary purpose of the sign-in sheet is to
assist staff with record keeping. Therefore, when you come up to
the podium to make your comments, kindly complete the sign-in sheet
if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please
step up to the podium and state, for the record, your name and
address. All comments will be addressed to the Commission as a
body and not to individuals. Any person making impertinent or
slanderous remarks or who becomes boisterous while addressing the
Commission shall be barred from speaking further to the Commission
by the presiding officer, unless permission to continue or again
address the Commission is granted by majority vote of the
Commission members present.
Agenda
Meeting of 10/23/90
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the 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. , , C
Action: Motion to approve. \ I'"'' \ /, '
5. Approval of Regular Meeting minutes of October 9, 1990.l
6. Proclamations:
A. Red Ribbon Week- October 21 through 27, 1990.
B. Crime Awareness Week- Week of October 27, 1990.
C. Pornography Awareness Week- October 28 through November
4, 1990.
7. Presentations: None.
8. Consent Agenda:
A. AUTHORIZATION TO SUBMIT GRANT APPLICATION: Authorize staff to
submit a grant application to the Department of Community Affairs
for supplemental funding for the new fire facility and authorize
the use of the City's lobbyist in obtaining this funding. City
Manager recommends approval.
B. AMENDMENT TO THE GOLF COURSE RESTAURANT CONTRACT: Approve an
amendment to the contract between the City and BLS Services which
includes an increase in the price of "premium" alcoholic beverages
and provides for a new special drink menu. City Manager recommends
approval.
C. CHANGE ORDER NO. s: Approve Change Order No. S, in the amount
of $139,900, to the contract between the City and Data Flow Systems
for the installation of 32 additional remote telemetry units in
sewage lift stations throughout the City. Funding is available in
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Agenda
Meeting of 10/23/90
1984 Revenue Bond Lift Station Telemetry (Account No.
441-5162-536-60.36). City Manager recommends approval.
D. CHANGE ORDER NO. 1 : Approve Change Order No. 1, in the amount
of $14,616, to the contract between the City and Florida Consulting
Engineers, Inc. for the digitizing of 18 base map sheets to show
water, sewer, and drainage networks. Funding is available in
Engineering Services (Account No. 001-2911-519-33.11) . City
Manager recommends approval.
E. CHANGE ORDER NO. 2 : Approve Change Order No. 2, in the amount
of $3,193, to the contract between the City and All Green Lawn
Sprinklers, Inc. for the installation of additional Dahoon Hollies
and Lantana depressa along North Federal Highway. Funding is
available in 1987 Utility Tax- Federal Highway- Linton to North End
(Account No. 333-4141-572-61.27) . City Manager recommends
approval.
F. CHANGE ORDER NO. 2 : Approve Change Order No. 2, in the amount
of $6,580, to the contract between the City and All Green Lawn
Sprinklers, Inc. to provide three jack and bores for irrigation;
replace sod; and install electric lights to uplight the entry sign
located in the large landscape island on North Federal Highway.
Funding is available in 1987 Utility Tax- Federal Highway- Linton
to North End (Account No. 333-4141-572-61.27). City Manager
recommends approval.
G. REQUEST FOR WAIVER OF PERMITTING FEES: Approve a request to
waive the moving permit fees, in the amount of $317.50, for the
relocation of the Sundy Feed Store to the Morikami Museum. City
Manager recommends approval.
H. REQUEST FOR VARIANCE: Approve a request from the property
owner at 906 Iris Drive to construct a boat lift 19 feet above the
waterway adjacent his property. City Engineer recommends approval.
I. REQUEST FOR A VARIANCE: Approve a request for a variance to
construct a boat lift at 1230 South Ocean Boulevard 20 feet over
the waterway, with zero setback. City Engineer recommends
approval.
J. EXECUTION OF QUIT CLAIM DEED: Authorize the execution of a
quit claim deed to clear a title defect on Lot 1, Block 1,
Sunflower- Delray Section One. City Manager recommends approval.
K. ADOPTION OF RULES FOR BOARD OF ADJUSTMENT: Adopt General
Governing Rules- Rules of Procedure for the Board of Adjustment.
L. PEACE MILE AT BARWICK PARK: Approve the request from the Sri
Chinmoy Organization to establish a "peace mile" at Barwick Park.
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Agenda
Meeting of 10/23/90
City Manager recommends approval.
M. RESOLUTION NO. 102-90: A Resolution abandoning the alley
right-of-way adjacent to the Walgreen's Development located north
of N.E. 4th Street, between N.E. 5th and 6th Avenues. Planning and
Zoning Board recommends approval.
N. RESOLUTION NO. 103-90: A Resolution authorizing staff to
submit a grant application for matching funds to start a litter
prevention program in conjunction with our recycling efforts. City
Manager recommends approval.
O. AWARD OF BIDS AND CONTRACTS:
1. Installation of Sidewalk- Pompey Park- ARZ Builders, Inc.
in the amount of $14,129 with funding from Decade of
Excellence- Sidewalk Pompey Park. City Manager recommends
approval.
2 . 1991 Street Resurfacing project- Engineering Department-
Pavex Corporation in the amount of $230,710 with funding from
General Construction Fund- Resurfacing (Account No.
334-3162-541-60.53). City Manager recommends approval.
9. Regular Agenda:
A. EXTENSION OF SITE AND DEVELOPMENT PLAN: Consider a request for
site and development plan extension for The Groves, a proposed 145
unit apartment complex, located south of S.W. 11th Street between
S.W. 8th and 10th Avenues. Planning and Zoning Board recommends
denial (3-2 vote/two abstaining).
B. MAJOR SITE PLAN MODIFICATION: Consider a request for site plan
approval and extension for the redesign of the Delray Bay
Apartments (formerly Crosswinds), a proposed 252 unit multiple
family dwelling development, located west of Homewood Boulevard,
south of Linton Boulevard and north of Germantown Road. Planning
and Zoning Board recommends approval.
C. CONDITIONAL USE REQUEST: Consider a request for conditional
use approval for a 20 space, off-site parking lot on property zoned
RM-15, located on the west side of Salina Avenue approximately 300
feet south of Atlantic Avenue in order to accommodate the proposed
expansion of the Bermuda Inn. Planning and Zoning Board recommends
denial.
D. CONDITIONAL USE REQUEST: Consider a request for conditional
use approval for the establishment of a church, New Jerusalem
Church of God in Christ, to be located on the south side of S.W.
3rd Street, between S.W. 7th and S.W. 8th Avenues. Planning and
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Agenda
Meeting of 10/23/90
Zoning Board recommends denial (5-2 vote).
E. SITE PLAN APPROVAL: Consider a request for site plan approval
for a motor vehicle emissions testing facility to be located on Lot
2 of the Corporate Tech Center located on the east side of Congress
Avenue, north of the L-30 Canal. Planning and Zoning Board
recommends approval.
F. EXTENSION OF CONDITIONAL USE AND SITE PLAN APPROVAL: Consider
a request for extension of conditional use and site plan approval
for the Wallace Dealership located between the Federal Highway
pairs. Planning and Zoning Board recommends approval (6-1 vote).
G. EXTENSION OF GOLF COURSE MANAGEMENT CONTRACT: Consider
approving the automatic one year extension (through December 31,
1991) of the contract between the City and Gerecter and Dubin for
the management of the Municipal Golf Course. Additionally,
consider payment of an incentive bonus as provided for in that
contract.
H. DELRAY AFFAIR: Consider a request from the Delray Beach
Chamber of Commerce for approval of the Delray Affair event; City
services; partial waiver of charges for City services (overtime)
and; waiver of hold harmless provisions of the event permit.
I. SPECIAL EVENTS REQUEST: Consider a request from the Peach
Umbrella Association to hold a special event (Fall Festival) on
November 10th, from 8 a.m. until 5 p.m. within the 400 block of
West Atlantic Avenue.
J. WAIVER OF INSURANCE REQUIREMENTS: Consider waiver of the
liability and indemnification policies for Williams, Hatfield and
Stoner the engineer selected to provide design services for the
Pineapple Grove beautification project.
K. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Mayor's
appointment of a member to the general contractors position to a
term ending August 31, 1992; Seat 3 appointment of a member to the
master plumber position to a term ending August 31, 1991; and Seat
2 appointment of a member to the air conditioning contractor
position to a term ending August 31, 1992.
L. APPOINTMENT OF A MEMBER TO THE GENERAL EMPLOYEES RETIREMENT
FUND COMMITTEE: Appoint a member to fill the vacant Secretary
position on the General Employees Retirement Fund Committee. Seat
4 appointment.
M. LANDSCAPE PLANS: Review landscaping plans for Congress Avenue
between Linton Boulevard and Lake Ida Road.
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Agenda
Meeting of 10/23/90
N. RESOLUTION NO. 104-90: A Resolution for the issuance of not
exceeding $50,000,000 aggregate principal amount of Water and Sewer
Revenue Bonds for the purpose of financing and refinancing the
costs of certain additions, extension and improvements to the
City's combined public utility. City Manager recommends approval.
O. RESOLUTION NO. 105-90: A Resolution setting forth the
City's position with regard to the jurisdiction and authority of
the Palm Beach Countywide Planning Council.
10. Public Hearings:
A. ORDINANCE NO. 47-90: An Ordinance annexing various parcels
located east of Military Trail and north of the L-33 Canal with
initial zoning of GC (General Commercial) District, AG
(Agricultural) District, and CF (Community Facilities) District.
Planning and Zoning Board recommend approval.
B. ORDINANCE NO. 48-90: An Ordinance amending the Code of
Ordinances by repealing Section 92.32 "Dockage Agreement" and
enacting a new Section 92.32 to provide for a Marina license
agreement and updated Marina rules and regulations. City Manager
recommends approval.
C. ORDINANCE NO. 49-90: An Ordinance amending the Code of
Ordinances by enacting a new Section 8.4.16 "Stormwater Management
Assessments" to provide the method for imposing and collecting
annual Stormwater Management Assessmentsj enforcing collection of
delinquent assessmentsj and calculating assessment rates. City
Manager recommends approval.
D. ORDINANCE NO. 50-90: An Ordinance amending the Code of
Ordinances by enacting new Sections 96.65 and 96.66 to provide for
the imposition of flat rate fees for the use of basic life and
advanced life support services. City Manager recommends approval.
E. ORDINANCE NO. 51-90: An Ordinance amending the Code of
Ordinances by amending Subsection 35.090 (A) to provide that former
Department Heads who had opted out of the General Employees
Retirement Plan shall not be eligible to participate in the Plan
and providing the Assistant Director positions created in the
reorganization of the Environmental Services Division with the
option to "opt out" of the Plan provided that those positions are
filled prior to January 1, 1991. City Manager recommends approval.
F. REQUEST FOR WAIVER TO THE SIGN CODE: Consider a request for
waiver of the sign code to permit an 64 square foot flat wall sign
at the Abbey Delray ACLF located at 2000 Lowson Boulevard.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
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Agenda
Meeting of 10/23/90
12. First Readings:
A. ORDINANCE NO. 52-90: An Ordinance adopting Amendment 90-1 to
the Comprehensive Plan. If passed public hearing November 13th.
B. ORDINANCE NO. 53-90: An Ordinance amending the Code of
Ordinances by repealing sections in Chapter 36 which duplicate the
Consultants Competitive Negotiation Act. City Manager recommends
approval. If passed public hearing November 13th.
C. ORDINANCE NO. 54-90: An Ordinance amending the Land
Development Regulations by amending Section 4.6.13 "Parking and
Storage of Commercial Vehicles, Boats, Trucks, and Similar
Vehicles". Planning and Zoning Board recommends approval. If
passed public hearing November 13th.
D. ORDINANCE NO. 55-90: An Ordinance amending the Land
Development Regulations by enacting a new section "Adult
Entertainment Establishments", to provide for the existence of
adult establishments, as conditional uses, in specific zoning
districts. Planning and Zoning Board recommends approval. If
passed public hearing November 13th.
E. ORDINANCE NO. 56-90: An Ordinance amending Section 113.20 of
the City Code to provide that no employee of, or person having an
independent contractual relationship with, the owner or operator of
an alcoholic beverage establishment shall engage in nudity or
partial nudity in any alcoholic beverage establishment. If passed
public hearing November 13th.
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 - OCTOBER 23, 1990 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
ADDENDUM
THE PRESENTATION PORTION OF THE PROCEDURAL AGENDA IS AMENDED TO
INCLUDE:
7A. Congratulations to Chief Charles Kilgore on the occasion of
his retirement.
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
~. REQUEST TO HOLD FOOD AND CLOTHING DRIVE: Consider a request to
~) hold a Classic Car Show, November 10th in the old Bill Wallace car
lot located on S.E. 9th Avenue between S.E. 5th and 6th Avenues.
The proceeds from this event will be used to provide food and
clothing to the hungry and homeless and will go to the Emergency
Family Fund of the 243rd Division of the National Guard.
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: G:J::;DjNU~=AGER
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: OCTOBER 23, 1990
SUBJECT: CHANGES/COMMENTS ON OCTOBER 23RD
CITY COMMISSION ITEMS
Item 12C -- Ordinance 54-90 -- TRUCK PARKING
The caption and the text incorrectly identify R-I-A~,
instead of R-I-A, as the District which can accommodate
vehicles up to one ton.
The City Attorney needs to change these items concurrent
with first reading.
Re: Item 9A -- The Groves, Site Plan Modification Ii Extension of
Previous Approval.
The caption on the agenda is incorrect in that it included
only the extension item. The P&Z action was on the proposed
site plan modification. The supporting memorandum from you
to the City Commission provides the correct caption.
The applicant wishes to segregate the issues of (a) the
extension and (b) the modification. While these are two
separate items, the P&Z Board (by oversight) did not forward
a recommendation on the extension. In considering the
extension on a separate basis, that specific request should
be remanded to the P&Z Board for a specific recommendation
prior to disposition by the City Commission.
The applicant will also be seeking a deferral of action, and
possible remanding to the P&Z Board, with respect to the
site plan modification. I have asked that he present a
reason and intent so that there is direction under which the
Board will be reconsidering the item. City Commission
comments would also be appropriate relative to such
direction. [Extension processing is dictated by Section
173.868(B)(1) - this project is still under the old codes]
To: David Harden, City Manager
Re: Changes/Comments on October 23rd
City Commission Items
October 23, 1990
Page 2
Item 9C Bermuda Inn Conditional Use - Parking Request
A letter which formally withdraws this item has been
received. Thus, it should be removed from the agenda. The
item is now dead and can only be reconsidered if there is a
petition for rezoning.
Item 9.0 Resolution 105-90 re Authority of the Palm Beach
Countywide Planning Council
While not totally disagreeing with the content of this
Resolution, I believe that it ~too vague (as is the language
in the Charter) and may be misused and misconstrued (as is
the language in the Charter) . For example, there is a
responsibility (by Charter) for the Council to prepare a
Land Use Element. By its nature, a land use element
includes items other than mapped incompatibilities. The
manner in which different units of government accommodate
drainage can affect downstream drainage device users. I
support the concept that policies must be related to
potential incompatibilities but a strict reading to "land
use designations" in their traditional sense (industrial,
commercial, residential, etc. ) should not be applied.
Item 12A Ordinance 52-90 -- Comprehensive Plan Amendment 90-1
I draw attention to the suggestion that the Plan Amendment
be scheduled for a worksession review. However, a
worksession review without a focus would not be appropriate.
Two points which can be focussed upon are: (a) the dune
walkover issue and (b) capital budgets and Capital
Improvement Element coordination. Also, the Commission
Members should be aware that there are Land Use Map changes.
Second reading must occur on November 13th. The 6th is
election day. Thus, a workshop may be appropriate on
October 30th if there not be one on November 6th.
DJK/cm
c:
Jeff Kurtz, City Attorney
Susan Ruby, Assistant City Attorney ,
Alison Harty, City Clerk
Lula Butler, Director of Community Improvement
The Groves of Delroy Joint Venture 1\ t t. J:~ ~ V E 1)
625 Auburn Circle West
Delroy Beach, Florida 33444 OCT 22 1990
(;1' Y !V1Af,l.\rjtl(\, ('rccl'"
~. ., J .,1 I
October 22, 1990
Mr. David Harden
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Mr. Harden:
We, the owners of the property designated as The Groves of Delray, hereby request a
postponement of the hearing scheduled for October 23, 1990 before the City
Commission regarding "major site plan modification". We have met with unexpected
opposition to our proposed improved site plan and we need at least two weeks to
prepare a response.
Thank you for your consideration.
Very truly yours,
The Groves of Delray Joint Venture
~f&2
. Roger C. Boos
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - OCTOBER 23, 1990 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
ADDENDUM
THE PRESENTATION PORTION OF THE PROCEDURAL AGENDA IS AMENDED TO
INCLUDE:
7A. Congratulations to Chief Charles Kilgore on the occasion of
his retirement.
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
P. REQUEST TO HOLD FOOD AND CLOTHING DRIVE: Consider a request to
hold a Classic Car Show, November 10th in the old Bill Wallace car
lot located on S.E. 9th Avenue between S.E. 5th and 6th Avenues.
The proceeds from this event will be used to provide food and
clothing to the hungry and homeless and will go to the Emergency
Family Fund of the 243rd Division of the National Guard.
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CITY DF DELRAY BEAtH
.. '" !:'.~i: -- ~.; ~ -c-; ;;;,_ :~'0... ~3~J,.l "
"'llEREAS, Charles Kilgore is retiring as Chief of Police
of the Delray Beach Police Department on October 31, 1990; and,
WHEREAS, Chie f Kilgore has served the City of Delray
Beach for th~rty-four (34) years, including eleven ( 111 years as
Chief of Police; and,
WHEREAS, while he was Chief the Department grew from 89
employees to the present allocated strength of 210 employees; and,
WHEREAS, while he was Chief a bond was secured allowing
for the construction of our new police facility completed in 1987;
and,
WHEREAS, while he was Chief the Department received
national accreditation status; and,
WHEREAS, his peers in the Florida Police Chiefs Associa-
tion have recognized him by electing him President of the Associa-
tion,
NOW, THEREFORE, I, Thomas E. Lynch, Mayor of the City of
Delray Beach, Florida, do hereby proclaim
CHIEF CHARLES KILGORE
FAITHFUL EMPLOYEE AND REPRESENTATIVE
OF THE CITY OF DEL RAY BEACH
and offer him congratulations on the occasion of his retirement.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Beach, Florida. to be
affixed this 23rd day of October, 1990.
MAY 0 R
THOMAS E. LYNCH
SEAL
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MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~
SUBJECT: CLASSIC CAR SHOW .=. NOVEMBER 10TH, 1990
DATE: OCTOBER 23, 1990
BACKGROUND:
Mr. Joe Preteroti, General Manager of the Delray Beach Mr.
Submarine, is requesting Commission approval to hold its First
Annual Food and Clothing Drive for the hungry and homeless on
November 10, 1990. Along with this event, the'y will be
sponsoring a Classic Car Show in the old Bill Wallace car lot
located across from Mr. Submarine on South Federal Highway, which
they have permission to use. They are expecting approximately
150 cars to register for the show, and all proceeds collected
will go to the Emergency Family Fund of the 243rd Division of the
National Guard to assist families in need while their loved ones
are abroad serving our country.
They are also requesting permission to close a portion of SE 9th
Street between SE 5th and 6th Avenues, which the Engineering
Department will handle. Community Improvement will ensure that
the applicant receive the necessary approvals from Police, Fire
and Engineering.
RECOMMENDATION:
We are recommending that the Commission approve this special
event of an Annual Food and Clothing Drive and Classic Car Show,
which includes closing a portion of SE 9th Street. The applicant
has secured off-duty Police patrol for this event. A copy of his
written request is attached.
LB:DQ
D/7
Carshow.CC
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OCTOBER 10TH, 1330
CITY MANAl'iER
DEAR MH. HnRDEN,
THIS LETTER IS TO ADVISE YOU THAT, MR. SUBMARINE IN DEL RAY BEACH,
WILL 8E HAVING ITS FIRST ANNU~L FOOD & CLOTHING DRIVE FOR THE
HUNGRY t, HOMELESS ON NOVEt-1BER 10TH. ALONG WITH THIS EVENT WE WILL
BE SPONSORING A CLRSSIC CAR SHOW IN THE PARKING LOT ACROSS OUR LOT.
( THE OLD BILL WRLLRCE CAR LOT ] PRESENTLY WE RRE EXPECTING R
TURNOUT OF APPROXIMRTELY 150 CRRS. THE PROCEEDS COLLECTED FOR THE
REGISTf~~TION OF THE CARS WILL GO TO THE EMERGENCY FRMILY FUND OF THE
243RD DIVISION OF THE NRTIONRL GURRDS. THIS FUND W ILL HELP FRMILIES
WHO NEED ASSISTRNCE WHILE THEIR LOVED ONES RRE RBROAD SERVING OUR
COUNTRY.
I UNDERST~ND THRT YOU ARE INVOLVED IN R PROGRRM WITH HELPING THE
HUNGRY, f<NOWI NG TH IS I ~M SURE THAT THE CITY OF DELRRY BERCH WILL
BE SUPPORTIVE WITH THIS EVENT. ~JE RRE RLSO TRYING TO INVOLVE THE
STUDENTS AT ATLANTIC HIGH IN AN EFFORT TO ENCOURRGE THEIR PRRT-
ICIPATION,IN MRKING THIS EVENING AN EVENTFUL ONE.
FOR SAFETY RERSONS WE WOULD LIKE TO CLOSE ~ PORTION OF S.E.3TH
mREET, THin POfH ION TO BE 01 RECTL Y lt~ FROUNT OF (JUR STORE BETWEEN
6 TH nND 5TH IWENUE. THAT DRTE WOULD BE ON NOVEMBER 10TH IN THE
EVENING BETWEEN THE HOURS OF 4PM. AND 11 PM.
f',EEPING IN MIND THRT THIS IS R COMMUNITY EVENT, RND THAT WE WILL BE
ADVERTISING IN LOC~L RADIO RND PAPERS. PLEASE CALL ME SO THAT 1 MAY
MRKE THE NECESSARY RRRANGEMENTS REGARDING PERMITS RND BARRICADES.
THRNKING YOU IN RDVANCE FOR YOUR PROMPT AND CURTIOUS REPLY.
,Y T RUL Y
[DELRAY BEACH MR. SUBMARINE]
cc CITY ENGINEER
CITY MAt,JAGER
FIRE DI"PARTMENT -,/-' '--~
POLICE DEPRRTMENT
M[R~lI SU8S INC. 1'-- ,--- ..-
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[ITY DF DElRRY HEREM
"J ','I ;.:., \/E.';UE ~i::.Lh':'V t:::.'::";~--j "8 '~"'j,-. '~,l4,1
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{
WHEREAS, Alcohol and other drug abuse in this nation has
reached epidemic stages, and the 15-24 year old age group is dying
at a faster rate than any other age group; and,
, I
WHEREAS, it is imperative that visible, unified preven-
tion education efforts by community members be launched to reduce
the demand for drugs; and
WHEREAS, the National Federation of Parents for Drug
Free Youth and the State of Florida and the West Palm Beach
Council of Telephone Pioneers of American are sponsoring the
National Red Ribbon Campaign offering citizens the opportunity to
demonstrate their commitment to drug free lifestyles; and,
WHEREAS, the National Red Ribbon Campaign will be
i celebrated in every community in America during "Red Ribbon Week",
October 21-27, 1990, and,
i
WHEREAS, President George Bush and Mrs. Bush are the
, National Honorary Chairmen, and Governor and Mrs. Martinez of the
i State of Florida are the State Honorary Chairmen to provide this
communi ty focus on a Drug Free America; and,
- WHEREAS, business, government, law enforcement, schools,
, religious institutions, service organizations, youth, physicians,
senior citizens, military, sports teams and individuals will
demonstrate their commitment to drug-free, healthy lifestyles by
wearing and displaying red ribbons during this week-long campaign;
and,
~'
, WHEREAS, the community of Delray further commits its
resources to ensure the success of the Red Ribbon Campaign,
\ \ 4
NOW, THEREFORE, I THOMAS E. LYNCH, Mayor of the City of
~ I Delray Beach, Florida, do hereby proclaim the week of October
21-27, 1990, as
"Red Ribbon Week"
, in the City of Delray Beach and encourage its citizens to partic-
ipate in drug prevention education activities, making a visible
statement that we are strongly committed to a drug free community.
BE IT FURTHER RESOLVED that the City Commission of the
City of Delray Beach encourages all citizens to pledge; My
Choice--Drug Free.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the seal of the City of Delray Beach, Florida, to be
affixed this 23rd day of October, 1990.
MAY 0 R
THOMAS E. LYNCH
hi
-- ~~~.-._-~-
[ITY DF DELRAY BEA[H
~f '.j ....J ...:... '.; ~. ~~ ij ~ -.';:: - ~.... -I I~,,.).. .<~.J4
I'lHEREAS , crime and drugs are among the top concerns of
, t citizens in Palm Beach County, both in the unincorporated and
incorporated areas; and,
WHEREAS, by increasing citizen awareness of the county
and municipalities' fight against crime and incorporating citizen
assistance and participation in fighting these blights in the
corrnnunity, it is hoped that a message will be conveyed to crimi-
nals and drug dealers that we are united in our effort to combat
these activities in Delray Beach and Palm Beach County; and,
WHEREAS, several activities and demonstrations are being
1 planned throughout Palm Beach County to provide information and
I materials to be used in curbing crime and drug trafficking: and,
j
i WHEREAS, on October 31, a "Crime Awareness Rally" will
I be held at the Sheriff's complex on Gun Club Road, at which time
, I ground will be broken for the new Palm Beach County detention
j facili ty,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim the week of October 27,
- l 1990, as
;
1 "CRIME AWARENESS WEEK"
j
fl;' in the City of Delray Beach and urge all citizens to attend and
participate in this intergovernmental cooperative effort.
I ~
, , IN WITNESS WHEREOF, I have hereunto set hand and
my
~ caused the seal of the City of Delray Beach, Florida, to be
affixed this 23rd day of October, 1990.
, MAY 0 R
THOMAS E. LYNCH
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CITY DF DElRAY BEA[H
h. .
"'HEREAS, the United States Supreme Court has repeatedly
ruled that obscenity is not protected speech under the FiJ:'st
Amendment; and,
'fiHEREAS, the sanctity of American homes has been invaded
by Dial-a-porn, cableporn, video porn, satellite-to-dish prJr'1,
radio porn, crJmputer porn and rock music porn; and,
WHEREAS, pornography inflicts tremendous suffering and
damage to individuals, families, children, business districts,
communities and our nation; and,
WHEREAS, in this era of escalating violence, pornography
features and promotes sadomasochism, rape and incest; and,
WHEREAS, children are increasingly sexually molesting
other children in imitation of what they've seen; and,
WHEREAS, there are state and federal anti-obscenity laws
on the books to protect pub lic safety, public morality and public
health; and,
WHEREAS, the obscenity laws are uniquely grounded in
community standards; and,
WHEREAS, millions of Americans throughout this great
nation will be participating in the 3rd national White Ribbon
Against Pornography (WRAP) campaign and will be displaying white
ribbons as symbols of decent community standards to be protected
by enforcement of the obscenity laws;
NOW THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim the week of October 28
through November 4, 1990, as
"PORNOGRAPHY AWARENESS WEEK"
in Delray Beach, and commend this observance to all our citizens.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray beach, Florida to be affixed
this 23rd day of October, 1990.
MAY 0 R
Thomas E. Lynch
SEAL
".C.
. . ('r ("I C" r"' t'--J
[ City of Charlotte, 'North Carolina
'Proclamatio~
WHEREAS, the United States Supreme Court has repeat.edly ruled that
obsoenity is not protected speeoh under the First Amendment; and
WHEREAS , tho sanotity of Amerioan horneo has been invaded by
Dial-a-porn, cableporn, video porn, satellite-to-diah porn, radio porn,
computer porn and rock mu~ic porn; and
WHEREAS , pornography inflicts tremendous suffering and damage to
ind1vidl.lals, families, children, business districts, communities and
our nation; and
WHEREAS, in this era of escalating violence, pornography features and
promotes sadomasoohism, rape and incest; and
WHEREAS, children are inoreasingly sexually molesting other children in
imitation of what they've seen; and
WHEREAS , there are state and federal anti-obsoenity laws on the books
to proteot public safety, public morality and publio healtil; and
WHEREAS, the obscenity laws are uniquely grounded in community
standards; and
WHEREAS , millions of Americans throughout thia great nation will be
partioipating in the 3rd national White Ribbon Against Pornography
(WRAP ) campaign and will be diaplaying white ribbons as symbols of
deoent community standards to be protected by enforcement of the
obscenity laws. 1~~~t\1~~,L~~~ ~~~~, ~e~r~}~~
",
NOW, THEREFORE , I,
the week of October 28 through November 4, 1990 as
PORNOGRAPHY A\iARENESS vrEEK
~!S
in Cherla-'c, and commend this observance to all our oitizens.
WITUESS lIT lOOt!> aud the oHl~l...l Seal Qf toRe City ef el...._!.vLLe.
\f\j WlTf\J~~5 ~€.~ - ---- ~
~
CITY DF DELAAY BEA[H
'00 "j,'N 151 A VENUE DELRAf BEACH, FLORIDA 33444 ~07 :..:~- .7J00
WHEREAS, Charles Kilgore is retiring as Chief of Police
of the Delray Beach Police Department on October 31, 1990; and,
WH EREAS , Chief Kilgore has served the City of Delray
Beach for thirty-four (34) years, including eleven (11 ) years as
Chief of Police; and,
WHEREAS, while he was Chief the Department grew from 89
employees to the present allocated strength of 210 employees; and,
WHEREAS, while he was Chief a bond was secured allowing
for the construction of our new police facility completed in 1987;
and,
WHEREAS, while he was Chief the Department received
national accreditation status; and,
WHEREAS, his peers in the Florida Police Chiefs Associa-
tion have recognized him by electing him President of the Associa-
tion,
NOW, THEREFORE, I, Thomas E. Lynch, Mayor of the City of
Delray Beach, Florida, do hereby proclaim
CHIEF CHARLES KILGORE
FAITHFUL EMPLOYEE AND REPRESENTATIVE
OF THE CITY OF DELRAY BEACH
and offer him congratulations on the occasion of his retirement.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Beach, Florida, to be
affixed this 23rd day of October, 1990.
MAY 0 R
THOMAS E. LYNCH
SEAL
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER flJ1
SUBJECT: AGENDA ITEM # gft - MEETING OF OCTOBER 23, 1990
AUTHORIZATION TO SUBMIT GRANT APPLICATION
DATE: October 19, 1990
There is a provision in the Florida Statutes which permits a
municipality, in which the boundaries of an enterprise zone include a
neighborhood improvement district, to request that the Department of
Community Affairs submit a budget request to the Legislature to fund
100% of the capital improvement costs for 25% of the area of the
enterprise zone. Additionally, the Statutes also provide that the
local government body may request a matching grant for capital
improvement costs for the the remaining 75% of the area of the
enterprise zone in which the district is located. The proposed
location for Fire Station No. 1 is within the Enterprise Zone.
Accordingly, staff is requesting authorization to submit a grant
application to the Department of Community Affairs for funding. This
funding will be used to supplement the cost of the total project.
Concurrent with this request, staff is also requesting that the City's
Lobbyist be directed to lobby for this project prior to and during the
next legislative session.
Recommend approval of authorization to submit grant application and
direct the City Lobbyist to lobby for this project prior to and during
the next legislative session.
.
[ITY DF DELRAY BEA[H
FIRE DEPARTMENT
M E M 0 RAN DUM
TO: DAVID T. HARDEN, CITY MANAGER
FROM: KERRY B. KOEN, FIRE CHIEF
DATE: OCTOBER 12, 1990
SUBJECT: STATE SUPPLEMENTAL FUNDING - FIRE STATION NO. 1
In reviewing the Florida Statutes relating to Neighborhood
Improvement Districts, Doug Randolph has discovered a potential
funding source to assist with this new facility. Section 163.521
- "Neighborhood Improvement District inside Enterprise Zone;
funding", allows the State Legislature to fund capital
improvement projects located in a neighborhood improvement
district within the boundaries of an enterprise zone. The new
facility will meet this criteria.
To qualify, the City of Delray Beach first must submit a
proposal outlining the nature of the capital improvement. This
proposal is to be submitted to the Department of Community
Affairs. Staff from D.C.A. then verifies that the improvement is
to be made within the stipulated boundaries. The proposal is
then submitted with the Department's regular budget to the State
Legislature for consideration. It should be noted, that the
Department of Community Affairs does not endorse our proposal in
any way. The Agency merely serves as a "conduit" to the
legislative body. The City will need to do its own lobbying etc.
Copies of our proposal will go to the Speaker of the House,
President of the Senate and the Chairmen of both Appropriations
Committees.
FIRE DEPARTMENT HEADQUARTE RS. 101 \NEST A TLANTIC A VENUE. DE LRA Y BEACH, FLORIDA 33444
,\07 '243 7400. FAX 407/ 265-4660
Subject: Supplemental Funding Page 2
Staff from D.C.A. has indicated that four cities, including
Ft. Lauderdale, have obtained funding in the past using this
approach with amounts ranging from $500,000 to $750,000. It was
suggested that we not request a specific amount. We should
present the total cost of the facility and the legislature will
decide how much they will be able to support the project.
We ask that the City Commission approve our submission and
allow Kathy Daley to lobby for this project prior to and during
the next legislative session.
V~ T;,.. \~
Kerry B. Koen
Fire Chief
KBK / ew
cc: Joe Safford
Doug Randolph
an aIoc:ation d up to m.ooo to employ the MMces d (2) PrcMde tor ~ connets for statewide
technical experts In fhe field. of crime prevention training on safe neigh~ ~Iopment ~ plan-
through environmental design. environmen'" MCUrity. nefS. engineers. local offlCials, prope~ ~rI auoc:i-
or defensible space. .tionl. and boards of directors of apec:iaI nelghbortoood
(3) Any fundi deposited in the Saf. Neigtlbomood. Imptovement district.,
Trust Fund and not needed'Of distribution may be In- .....,._ ~,IfI 17~
vested purluant to '.. 215.535. with the interest earned 113.511 Outl.. of Oepar1rMnt of ~munlty AI.
to be deposited in the tru.t fund. falrl.- The Department of CommunltY,Aff,.,rs .haIl: .
(.c) Applications for p1a~njng grant. from the Safe (1) Develop program desi~n ~ cntena lor fundltlQ
Neighborhoods Tru.t Fund lhall be evaluated and c:on- ~hborhood improvement d.stnct..
lidered when the following threshold criteril are met: ) Carry ou1 the development. prO!"lulgation, and
(a) VerifICation that the kx:al governing body hu revision of rules required for the operatlOC\ of the Safe
passed an ordinance creating neighborhood ~ Neighborhoods Trust Fund. .
ment districts. (3) CelIelop application and ~eVtew procedures,
(b) Verification of commitment to provide malehing (.) Provide advice and technlcal,asslsta.nce to local
funds for purposes of planning for neighborhood m- government unit.. property ~rs assoc..t~. and
provement districts, A Iocaf match may include in-<<ind boards of directors for spec.al nelghbortlood I1T\prove-
~rvices such as office space and supplies. The fair mar. ment districts in their efforts to promote the goals of ~
ket value of such in-kind services must be documented. Safe Neighborhoods Act and to apply for plannIng
(c) Evidence of commitment from neighborhood or. grant.. ,
ganizations. homeownerl. property owners, business or (5) Review and evaluate applications for planning
merchant's associations. or concerned Individuala to usistance. ,
participate' in the activities of their neighborhood m- (6) Provide for contract management, including ~
provement district.. review of contract close-out reports for accountabll~ty
(d) Need of the community for neighborhood 1m- and conformance with atate law and the requIred adrrun-
provement districts for purposes of reducing ctime. !n- latrative procedures
cludlng the degree to whIch crime dala indicales an et. (7) e.....luate program performance in !lQtlt crl ,~te
caiatlon of criminal actrvihes wt1ich impact afell ptlysica.l objeCtrves and lu1ure trends and opportU!'\lt.es and pre-
and economic conditions, identif,cation of environmental p61a recommendatlOOl for u-.e LeglSlatur.
faclor, which support criminal actl\litieS. previous crime ~._ ... Q-24
prevention plans and efforts whICh impact the physical 163.521 Neighbortlood Impro...ement district inside
environment. excessive traH,c count a for residentlaJ
roads, and crime rales in enterpn$e zones and ... buat- enterprise zone; funding.- The local gOlo'ernlng body of
ness and commercial areas, any municipality or counlv tn which the boundanes 01 an
(e) Capacity to .uccessfully implement neighbor. enlelpllse zone Incluoe a nelgt-')orhood improvement
hood improvement districts, including knowledge of and district may request the Department of Communtly At,
ability to utilize crime prevention through environmental failS to submit a budget request to the LegIslature to
design and defensible apace strategies Ind techniques. fund 100 percent of Ihe capital Improvement costs lor
organiZafional .tructure wtIich utilizes trained experta in 25 percent of the area 01 theenterpllse zone In which
crime prevention. community planning. environmental the dislllct or portion thereol IS located TM local gOY'
control, and engineering. erning bOdy may also request a matching grant lor ca+>1'
(5) Population distribution of Florida'. Citiel and tal improvement costs lor the remaining 75 percent 01
counties shall be considered in order, to give commlri- the area 01 the enterpllse zone 11'1 which the dIstrict IS \0'
ties of all sizes an opportunity to benefit from the matcn. caled,
ing funds provided by the Safe Neighbomoods Trust --,.-0 . "" 11-243 . ]1 "" "38'
Fund for the establishment of neighborhood improv.
ment districts. 113.522 It.t. red.....lopm.nt programs.-~:
.....,.-. . .. 17~
........-s.c- tIS W _ _ ..., ........., .. _ 115 .., .. I. ""
1700331 county or municipality which has authorll~~~; haS
113.51' Cfirne ~v.nUon through enWonrnental of In enterprise zone pursuant I~ ~ is dIrected to
dealgn ptOgram.- The Department of Community Af. .tate approval pursuant to I , hbOfhOOd im-
give considera\~ to.the cre~hon of. nelQ
fairs .hall contract with the Depar1ment of legal AHai,.. provement distllct W\thln uld area
to create within the Department of legal Afftirl a crime --.._ JQ.IfI 17~
prevention ttlrough environmental design program, This
program shall act as the repository of crime prevention
through environmental design Itralegies, principles.
and tactics; en\lironmental security plans and proce-
dures; defenSIble .pace techniques; and ufe neighbor.
hood plans, The program ahaIl.
(1) Ulilize .taff Ind provide crime pr.....ntion
through .nvironmental design and defenaible .pac.
training.
REQUEST FOR CAPITAL IMPROVEMENT FUNDS - FISCAL YEAR 1991-1992
For each section, attach additional sheets when needed. Label the
attachment with the section number that it relates to.
A) ENTERPRISE ZONE:
1) Designating number of Enterprise Zone......EZ-5107-2C90
2) Size of Enterprise Zone....................842.21 Acres
3) Enterprise Zone Boundaries.................Map Attached
B) SAFE NEIGHBORHOOD DISTRICT
1) Name of District.......... ...West Atlantic Neighborhood
Improvement District
2) Size of District.............................. 236 Acres
3) District Boundaries.... ....................Map Attached
C) CAPITAL IMPROVEMENT
1) Provide the location of the improvement.
The new Central Fire Station/Headquarters will be
located in the 500 block of the NORTH side of West
Atlantic Avenue. This location has been marked on the
attached map. The new facility will be located within
the West Atlantic Avenue Neighborhood Improvement
District, which in turn lies within the boundaries of
the larger accepted Enterprise Zone.
2) Describe in detail the improvement to be undertaken.
Construction of a new Central Fire Station/Headquarters
for the City. This facility will be designed to
provide a full range of emergency and administrative
services for the central portions of Delray Beach, a
part of which has been designated an Enterprise Zone.
These services will include certain "on-site" emergency
medical services, community training facilities, as
well as public fire safety education programs.
C) CAPITAL IMPROVEMENT - Con "t.
The location of this new facility will, in the
estimation of the community leadership, be seen and
utilized as a valued resource by the citizens in the
immediate and surrounding neighborhoods. Not only will
the facility serve to upgrade our Central Fire
Facilities, it will provide the community with needed
educational opportunities and training resources.
Moving our facility to the new location will put us in
close proximity to Spady Elementary School and a
community child care center. This should increase the
number of school aged children who participate in our
fire safety courses. Currently we serve 4,000 children
per year in our safety courses.
3) Describe in detail the steps required to complete the
project.
As with any major capital improvement the City must
follow rather specific procedures. The steps required
to complete this project are as follows: Land
acquisition, selection of architect, preliminary
design, site plan review and approval, final design,
bidding process, and the issuance of a notice to
proceed.
To this point the following action has been taken:
A. The project has been reviewed and approved by the
local Planning and Zoning Board.
B. The City Commission has approved the land
acquisition process and charged legal council to
negotiate the acquisition of the land.
C. Land has been identified for re-zoning to the
Community Facilities category. Final action is
pending the second reading of the ordinance.
D. The City Commission has authorized the
solicitation of proposals from architectural firms
for facility design. A number of proposals have
been received and staff is currently in the
process of reviewing these proposals for "short
list" presentation to the City Commission.
C) CAPITAL IMPROVEMENT - Con't.
4) Provide the time frame for completion of the request.
As of 10/90, we envision project completion within 18
to 24 months.
5) Document the proposed budget for completion of the
project.
Approximately 28,500 square feet of space is projected
to meet the anticipated total requirements. The total
project is divided into three components.
Component 1: Fire Station................13,425 sq. ft.
Component 2: Administration/H.Q.
and Community Facilities.. ...... .... .....9,895 sq. ft.
Component 3: Support
(mechanical/electrical generator etc.)...5,180 sq. ft.
Total = 28,500 sq. ft.
The cost of the above noted construction is estimated to be
$100 per square foot which equates to $2,850,000 for the
construction aspects of the project.
In addition, the land acquisition is estimated to be an
additional $500,000. All factors being considered this
project is expected to cost $3,350,000.
The $2,850,000 for construction of the facility is derived
from the City's Decade of Excellence Bond Issue. The City
has no dedicated funding source for the purchase of the
land. With this in mind, the additional funds will be
obtained by phasing the construction. This will create a
two phase project with some of the costs to be paid at a
later date. This could adversely effect this project and is
certain to delay its completion.
Any funds appropriated by the State Legislature based on
this request would be used to replenish the construction
funds and allow for the completion of the total facility.
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----...."
.
WEST ATLANTIC NEIGHBORHOOD IMPROVEMENT DISTRICT
BOUNDR1ES
Bounded on the SOUTH by SOUTHWEST SECOND STREET,
on the WEST by 1-95, on the NORTH by NORTHWEST
SECOND STREET, and on the EAST by SWINTON AVENUE.
[ITY DF DELIAY BEA[H
10U r" ':, ~'. ~ '..,\ tELCH FLORiDA 33444 407/243,7000
MEMORANDUM
TO: Mayor and City Commissioners
A
FROM: David T. Harden, City Manager~'0/1
SUBJECT: Agenda Item # ~ Meeting October 23, 1990
Contract Amendment BLS Services, Inc.
Alcohol Prices and Menu
DATE: October 17, 1990
We have received a request from BLS Services, Inc. to amend Appendix
"C" "Bar Pricing" of their license agreement assumed by the City on
July 11, 1990, to add a category titled "Super Premium $4.50", and to
add a special drink menu as per attached. Premium liquors would
include those listed on the attached letter. BLS Services requests
these changes due to increased costs for taxes and to provide a variety
of special drinks for our customers. The requested pricing appears to
be comparable to current market prices.
Staff recommends approval of the request.
RAB:kwg
THE Er:C'[lFT A,---,,;.v,: Mi',TTERS
-
.
t:>ctober- -j '1 q Co -
Mr Bra,hm Dubin
2:200 Highland Ave.
Delray Seach, ?L 33444
Mr. Dubin;
According to our contract wIth the City we have lImits on Jur
liquor prIce:::. Because of thIS it IS economically not prcf:t3.ble
for 'J.S to '::a.rry cert3.1n 1 ; rPoTll --. t.-. '~.::::.~ 3ttached). ;"';ha.t 'we are
.J- ~'''"'1'-""I....-'-- ~
propOSIng IS to add an ::trc-?r liquor category te' Exhibit " ,-. "
'-
1e. . . Super PremIum Wlth 3- prlce l inli t ')f $4.50, thIS will allow
us to carry the above men t l:.,n liquors. and to have a, special drink
menu (see attached).
t 3.m not sure If this ha::: ;-- ~G to the ,~i ty Manager for :ipproval
.t.. ,_ ...J
c'r- you. can i...,\.u +-h-- If you nave =:.ny questIons please le: IT'.e v.:n C'vi ,
-. ...!..;::: .
Thank You
TIm Snow ^I~r-e.c<>~~/~,
~~.
July 20, 1990
Norm;
The following IS 3. "'1 "'1 ~r ,::'f llquorz, that we carry at Tara which
.........:.. -' '-
because ,,", <= the price llrr:it8 established In our contract WIth the
~J..
cit:l are no longer econoffil:311y feaslble to carry.
1 ) Johnny Walker 'O'-~'.
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-.,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f1t't
SUBJECT: AGENDA ITEM # ~~ - MEETING OF OCTOBER 23, 1990
CHANGE ORDER NO. 5- RADIO TELEMETRY
DATE: October 19, 1990
This is a Change Order in the amount of $139,900 for the installation
of 32 additional remote telemetry units in sewage lift stations
throughout the City. Contained in the original bid for this project
was a provision to install additional units. This Change Order
implements that part of the bid. It is anticipated that an additional
20 units will need to be installed to complete this project. Funding
is available in 1984 Revenue Bond Lift Station Telemetry (Account No.
441-5162-536-60.36). Account balance $144,000.
Recommend approval of Change Order No. 5.
, ~
(
CITY OF DELRA Y BEACH
CONTRACT CHANGE ORDER
CHAN GE ORDER NO. 5 - DATE: October IS, 19,9"0
-
PROJECT: Radio Telemetry and Data Logging System NO. 89-95
CONTRACTOR: Data Flow Systems, Inc.
ENGINEER: Post, Buckley, Schuh &. Jernigan, Inc.
BACKGROUND: The Radio Telemetry and Data Logging System ~roject consisted of three bid items.
Items No.1 for construction of 30 ~ump station radio telemetry alarm systems is
essentially com~lete. Item No.3 is for the five year service maintenance contract,
which will begin after ~roject one year warranty. These two items were for a total
contract amount of $205,120. Remaining is Bid Item No.2 which was for supplying
additional radio telemetry control ~anels over a five year period was modified under
Change Order No.2. Change Order No.1 - $0; Change Order No.2 - $132,930;
Change Order No.3 - $9,160. Change Order No.4 - $3,690.
--
REASON FOR
CHANGE: Install Radio Telemetry and Data Loggihg System for a 33 additional Lift
Station.
CONDITIONS: The changes described herein shall be governed by the terms and condi tions of the
Contract, and shall not in any way alter the terms of the Contract, but shall
hereafter be a ~art of the Contract.
UNIT
ITEM NO. DESCRIPTION UNIT COST QUANTITY AMOUNT
Addition:
Per DFS Letter of July 10, 1990
2A Rtu's for submersible pump Each $4,345 30 $130,350
station, complete, equipment
and installation.
2B Rtu's for wetwell/drywell pump Each 4,550 0 0
station, complete, equipment
and installation.
2C Rtu's for can stations, complete Each 4,775 2 9,550
$139,900
--- . -
Contract Amount Prior to Change Order $350;900
Revised Contract Amount $4g0,800
tm:ENV97 :C9 /1
10-276.10
-
.
CITY OF DELRA Y BEACH
CHANGE ORDER NO.2
PAGE NO.2
Addi tion + $139.900
Deduc tion '- $ 0
Contract Amount Prior to Change Order $ 350.900
Revised Contract Amount $490p~WO
The contract time will be (increased) (cleerea~ee) by 120 calendar days. All work under this Contract
will be completed wi thin 360 calendar days fro m original notice to proceed. The date for completion
of all work under the contract will be - March- 31. '1991
REASON FOR CHANGE: Time extension due to installation of 32 additional Rtu '-s for the -
stations comolete eQuiomen..Land installationg-. -
h
Acceptable To: - Date:
Canrractor's Representative
Recommended By: _ Date:'
.
Engineer
Approved By: ~, - - Date:
Owner ~
".~
.. . ~ 4
tm:ENV96:Cj2
10-276.10
Datel l::-l()'\N S~Tste'n:l.s. Irl.c~ .
September 28, 1990
Mr. George Abou-Jaoude '''~ ,J ..
Public Utilities
100 NW First Avenue .~ OCT 0 1 1Y~J
.L!e.l.ray Beach, FL 33444
-- __-~'d-
Price Quotation, ad..:ii ti.::.nal RT~}=
Dear George:
T am pleased to offer a quotavio~ ~o pr~vije and install 3d. d i t.':"::1 al
... RTUs to add t.o the:ity .~f Jelray Bea.=h J:. TP..;: II Telemetry SYS-:'E::-i I
:.~Je \\'ill be happy to exvend the same prici~g tjat applied to '.:~:an.ge
Order No. . _,.t: trie ori.~irJ.al .=ontra.~t . Ea-=h R7'~r i n.:::l ;..ldes the
... ".,..J .. following materials:
- One 304-grade stainless steel en.=:"c.sure
- One anodized aluminum back plate
- Cine Radio Interface Module with UHF ra.jic,
- One Pump Control Module
- One 25 watt Power Supply
- une 2.6 amp-hour battery
- One galvanized steel antenna tower
- One 450-470 mHz range direc~ional ant,eI':::a
- Installat,ion, start-up and warranty
Un i t. price:; for '.lp t,o 30 added RT1}s ( .;}-=-=.j tor 90 ..jays) are as
f :~llows:
Submersible Station: $41345.0C ea..=h
Het/Dry Well : $4,550.00 ea,=h
L.an St.a t i ..::.n : $4,775.JO each
Please let me know if YOll have any ques":,i:ns ;..a~,;ar':: 1 no; "':,:-'ese
pri::es.
Sincerely,
Data Flow Sys~erns, .:.n':: .
~ .
Ste~.....e ~Ih i tlock
Sales Manager
cc: Dave Weber - Post, Buckley, S.=huh an.d Jern. i..;ar.l., ..Ln.=.
I )dlCl FI( )\v S\'slt 'I))S. In(' . 1),(),I~()"2:>,)() . \h'll)()\\t'IH' l'I()n<l"~2()()22:>:>() . (:H):>\,2q():>~)()
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # - MEETING OF OCTOBER 23 1990
CHANGE ORDER NO. 1- DIGITIZING BASE MAP SHEETS
DATE: October 19, 1990
This is a Change Order in the amount of $14,616 for the digitizing of
18 base map sheets. The reason for this Change Order is to upgrade
our base maps to include all utilities on existing base maps and on
all annexed areas. Funding is available in Engineering Services
(Account No. 001-2911-519-33.11) .
Recommend approval of Change Order No. 1.
-
, ...? I' V J~ 1 t
A. '.. .&-J '..... ..... .
OCT 1 6 1990
CITY MA;,;':',~ti{S C:Frn
~EMORA:\DC~
TO: David T. Harden
City ~lanager
THRU: William H. GreenKood p15/o/lblro
Director of Environmental Services
Mark A. Gabriel ~
Asst. Dir. of Env'ronmental Services/
City Engineer
FROt>f: George A.bou-Jaoude
Dep. Dir. of Enyi~onmental Services/
Projects
SUBJECT: DIGITIZING HAPS
DATE: October 16, 1990
The Planning and Zoning Department has requested additional
digitizing to be made to the original base maps. This
additional work includes all the annexed areas.
Also, requested IS the digitizing of all the water, sewer,
and drainage networks.
I ha"-e attached the agenda item for your reVIew and
approval. We request this item be included on the ".\genda
for City Commission approval on October 23, 1990.
G~~~:.i/b
GAJ/gm
ATT:
cc: file;gaensc01
~.
CHANGE ORnER
No. 1
Dated October 16, , 199 JL
I
Project No.
Project Name: Digitizing Maps
.
~
Owner: City of Delray Beach, Florida
Contractor: Florida Consulting Engineers, Inc.
Contract Date: July 24, 1990
/
To: , Contractor
You are directed to make the following changes in the subject contract:
Di2itize additional 18 base maps and digitize all water, s~wer, and drainage
networks. Submit to City Check plots on Mylar.
,
.
which changes are more specifically described in the attached ame,nded plans, drawings, and
specifications.
The reason for. the change is as follows: Tn inc.lude all utilities on existing base maps and
on all annexed areas
The contract price and contract time shall be adjusted because of such changes as follows:
A~ Contract Price
1. Contract price prior to this change order: . $15,980.00
Page One of Two Pages
.
.' '{:
..!
- , ., CHANGE ORDER f....1-
....._._-.......,_.._~... ~, .. ~-.... ... .-.....-....
- _. -..
2. Net increase resulting from this change order: $14.616.00
3. Current contract price including this change order: $30.596.00
B. ,Contract Time .
."
I 1. Contract time prior to this change order: 120 davR
~;":
2. Net Increase resulting from. this change order: 30 davs
3. Current contract time including this change order: 150 days
'.
. City of Delray Beach, Florida, OWNER
. By:
. '
Attest:
City Clerk
City of Delray Beach
-
Approved as to form:
City Attorney
.
The above changes are accepted on , 198_. I unde~tand that au the
provisions of the Contract Document related to Project No.. which are not
inconsistent with the terms of ':this Change Order shall remain in effect and apply to au work
undertaken pursuant to this Change Order.
.
Witness:
I
, , CONTRACTOR
By:
As to Contra.ctor Title
. .
I
':'
,
Page Two of Two Pages
.
FLORIDA CONSULTING ENGINEERS, INC. ~\I/lIP~
4081 N. BOCA RATON BLVD.. BOCA RATON. FLORIDA 33431 ~FCE-
~ -
PHONE, (407) 362-8724 "nil\~~
Kee\,l I ~l /6 -
October 15, 1990
, ei
Mr. William H. Greenwood
Director of Environmental Services
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
RE: Digitizing of City Maps
Dear Mr. Greenwood:
We are pleased to provide with cost for additional needed digitizing
services to complete the City maps as follows:
Digitizing of 18 addtional maps $ 4,230.00
Digitizing water, sewer, and drainage networks $ 8,150.00
Check plots on plastic film ( Mylar ) $ 2,236.00
TOTAL $14,616.00
If you need additional information, please call me.
Sincerely, 9- ~
~ LI ,1
Elisa J. Jalloul
EJJ:sn
cc: File
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tiJ11
SUBJECT: AGENDA ITEM # 8'E - MEETING OF OCTOBER 23, 1990
CHANGE ORDER NO. 2- NORTH FEDERAL HIGHWAY
DATE: October 19, 1990
This is a Change Order in the amount of $3,193 for the installation of
10 Dahoon Holly and 540 Lantana depressa along North Federal Highway.
This Change Order was necessary to fill in areas where the tree
spacing was interrupted. Those areas include the Kentucky Fried
Chicken, Pullmans Furniture, and Swanks Furniture to the west; the old
Wendy's and M&M appliances on the south; and the southwest corner of
S. Lake and Federal Highway. The Lantana will be used as a facer to
the ground cover under the Black Olive trees in the big median.
Recommend approval of Change Order No. 2 in the amount of $3,193 with
funding from 1987 Utility Tax- Federal Highway- Linton to North End
(Account No. 333-4141-572-61.27) .
.
-
..
;UANGE OIillER No. 2 Project name North Federal Highway - Landscaping
2. Net increase resulting from this change order: $3,193.00
3. Net decrease resulting from this change order: none
4. Current contract price including this change order: $101,573.55
B. Contract Time
1. Contract time prior to this change order: 90 days
2. Net increase resulting from this change order: 5
3. Current contract time including this change order: 95 days
CITY OF DELRAY BEACH, FLORIDA. OWNER
By:
Mayor Thomas Lynch
\ttest:
City Clerk
City of Delray Beach
Allison Mac Gregor Harty
.
Approved as to form:
City Attorney
The above changes are accepted on II ,. 15 . 1 9 ?() . 1 understand that
all the provisions of the Contract Document related to Project Uo. Bid # 90-47
which are not inconsistant with the terms of this change order shall remain in effect
and apply to all work undertaken pursuant to this change order.
/
witn0, ,/' ,j /' / /~
'I I! f
~",/ ,/ " , -' /./" [~/(" . Contractor
~~- " , I ,,//."<"'.1- / '...,(Lbr.
,,'/ // /1-
~ . // ~ ", / I
/," .~~ / c < "
. By: / 'r' / "..../. ~ . ---/- /.~ ,
As to Contractor / (Fl... _:-/..~ ~ /}.<': .","'" ,/.' /',.#//. .
~~~t?J/~
~ Public. State of FIGrida
My CIIIlIIliuion Expires Fib. :2, 199..
.......... Thru Troy Fain. Insurance Inc.
Pa2e Two of.Two Pa2es
.' . ..
CHANGE ORDER
Nl. 2
Dated 10-15 , 19 90
Project No. Bid II 90-47, Funding Code # 333-4141-572-61.27
Project Name: North Federal Highway - Landscaping
Owner . City of Delray Beach, Florida
.
Contractor: All Green Lawn Sprinklers, Inc. 958 S. Military Trail, Suite # 65, W.P.B. 33415
Contract Date: July 13, 1990
To: Ben Ellis - President
You are directed to make the following changes in the subject contract:
Additions: 10 Dahoon Holly (Ilex Cassine) along the sides of the road $1,600.00
540 Lantana depressa @ $2.95 $ 1,593.00
-
which changes are more specifically described in the attached amended plans. drawings
and specifications.
The reason for the change is as follows : Additional Dahoon Hollies are needed to fill
in areas where it is obvious that the tree spacing has been interrupted. On the west side,
4 are needed in front of K.F.C., 1 south of Pullmans furniture, 1 in front of Swanks furnitur~
1 south of the old Wendy's, and 2 in front of M&M appliances. On the east side, 1 1s needed
at the S.W. corner of S. Lake & US 1. The Lantana are requested as a facer to the ground
cover under the b large Black U11ves 1n the big median.
The contract price and contract time shall be adjusted because of the changes as follows:
A. Contract Price
1. Contract price prior to this change order: . $98,380.55
Page one of two Pages
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM # gF- - MEETING OF OCTOBER 23 , 1990
CHANGE ORDER NO. 2- NORTH FEDERAL HIGHWAY
DATE: October 19, 1990
This is a Change Order in the amount of $6,580 to provide water for
irrigation of the medians along Federal Highway; to replace sod in
front of Borton Volvo; and to provide electric light to uplight the
entry sign in the large island. This Change Order was necessary
because we were unable to tap directly into the water mains that
bisect the medians. Consequently, in order to bring water to the
median, we had to jack and bore in front of Borton Volvo and thus the
sod which was damaged needs to be replaced. Additionally, the old
lights which reflected the entrance sign were too old to relocate and
therefore, these need to be replaced as well.
Recommend approval of Change Order No. 2 in the amount of $6,580 with
funding from 1987 Utility Tax- Federal Highway- Linton to North End
(Account No. 333-4141-572-61.27) .
{ .......
CHANGE ORDER
. 2
Dated 10-15 . 19 90
Project No. Bid It 90-46 Act n 333-4141-572-61.27
Project Name: North Federal Highway Irrigation
Owner . City of Delray Beach, Florida
.
Contractor: All Green Lawn Sprinklers, Inc. 958 S. Military Trail, Suite #65, W.P.B. 33415
Contract Date: July 13. 1990
To: Ben Ellis - President
You are directed to make the following changes in the subject contract:
Provide 3 additional Jack & Bores to bring water into the medians $6,268.00
R-~lace sod in front of Borton Volvo where Jack & Bore was done 12.00
~~ovide electric light to uplight entry sign in large island 300.00
which changes are more specifically described in the attached amended plans. drawings
and specifications.
The reason for the change is as follows . The City Public Utilities Department had origianl1
. indicated that a tap could be made directly into water mains that bisected the medians. It was
discovered when the lines were dug UP. that they were encased in steel sleeves and that we waul
not be able to tap into them. Consequently, we had to come off lines along the side of the road
and orovide the Jack & Bore to ~et the water back to the median. The light for the sign replace
old lights that could no longer serve the sign in its new location, and were too old to reloeat
.The contract price and contract time shall be adjusted because of the changes 8S follows:
A. Contract Price
1. Contract price prior to this change order: . $26,017.55
Page one of two Pages
CHANGE ORDER - ATIACIDtENT
Project North Federal Highway Irrigation
Additions:
3 - 60 l.f. Jack & Bore under North Federal Highway @ $32/1.f. $ 5,760.00
440 l.f. of 2" schedule 40 Mainline @ $.70 308.00
Labor, 8hrs @ $25.00 200.00
Sod to replace damaged sod at Borton Volvo, Jack & Bore site 12.00
Uplighting for new entry sign 300.00
$ 6,580.00
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 1 Goo - MEETING OF OCTOBER 23, 1990
REQUEST FOR WAIVER OF CITY PERMITTING FEES
DATE: October 19, 1990
We received a request to waive City permitting fees to permit the
relocation of the Sundy Feed Store. At your August 23, 1988 meeting,
the Commission passed an Ordinance designating the Sundy Feed Store as
an historic building and authorizing its relocation to Morikami Park.
The site plans, engineering plans, and financing are now in place to
move the building. However, as the financial resources available to
perform this relocation are limited, staff has requested waiver of the
$317.50 permit fee. This action is consistent with provisions found
in the Land Development Regulations, Section 2.4.3 (K)(7)(b).
Recommend approval of the request for waiver of permitting fees for
the Sundy Feed Store relocation.
.
DATE: OCTOBER 15, 1990
TO: DAVID HA~' CITY MANAGER
FROM: PAT CAYC ~STORIC PRESERVATION PLANNER ~
THRU: DAVID J. KOVACS, DIRECTOR PLANNING & ZONING ~,
STAN WEEDON, ASST. DIR. PLANNING & ZONIN~
SUBJECT: REGULAR CITY COMMISSION MEETING OF OCTOBER 23,
1990
WAIVER OF CITY PERMIT FEE, $317.50, FOR MOVING A
STRUCTURE OR BUILDING, ORDINANCE #59-89. THIS
CITY PERMIT WILL BE NECESSARY IN ORDER TO MOVE
THE SUNDY FEED STORE FROM ITS PRESENT SITE TO
MORIKAMI PARK.
BACKGROUND
On August 23, 1988 the City Commission passed Ordinance
102-88 designating the Sundy Feed Store Building as an
historic building and authorized its relocation to Morikami
Park.
The site plans, engineering plans and financing are now in
place to move the building. The LaPlant Adair Moving
Company and the Woolbright Construction Company are
currently preparing the relocation contracts for the
Morikami Park's approval.
Once moved, the Sundy Feed will serve as the focal point for
a Palm Beach County Agricultural Museum to be located at
Morikami Park. The project is being funded by the State and
by private sources.
The authority for waiver of fees is by City Commission
pursuant to Section 2.4.3.(K)(7)(b) of the Land Development
Regulations, page 2.4.30.
ACTION REQUESTED OF THE CITY COMMISSION
Approve the waiver of the City's permit fee in the amount of
$317.50 for moving the Sundy Feed Store from its present
site on Railroad Avenue and N.E. 1st Street to Morikami
Park.
~~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM # ~+f- - MEETING OF OCTOBER 23 , 1990
REQUEST FOR VARIANCE
DATE: October 19, 1990
We received a request from the property owner at 906 Iris Drive for a
variance to construct a boat lift 19 feet into the waterway adjacent
his property. City Code provides that boat lifts will not extend
further than 10 feet into the waterway. The Engineering Department
has reviewed this request. It should be noted that the boat, moored
to the existing dock, extends beyond 10 feet. Therefore, the
Engineering Department recommends approval, as the encroachment of the
boat lift will not alter the existing condition.
Recommend approval of request for variance for a boat lift at 906 Iris
Drive in accordance with Sec. 7.9.4 of the Land Development Regulations.
.
J:. ~... -
'... - 4' ..... .:.: r ,./ ,;~' g ;
~. ,--_J
OCT 1 7 1990
ENVIRONMENTAL SERVICES ClfT Mf":';"Jt~ ,~ (:FFlC~
M E M 0 RAN DUM
TO: DAVID HARDIN
CITY MANAGER I/J IJ~ .
THRU: WILLIAM GREENWOOD
DIRECTOR OF ENVIRONMENTAL SERVICES
THRU: GEORGE ABOU-JAOUDE att;
DEPUTY DIRECTOR OF PROJECTS
FROM: CHARLES AXELROD
CIVIL ENGINEER
DATE: OCTOBER 16, 1990
SUBJECT: BOAT LIFT - 906 IRIS DRIVE
LOT 393 - TROPIC ISLES
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The property owner of the above property has requested a variance
to allow a boat lift to be constructed adjacent to his seawall as
per the attached sketch. The City Code requires that a boat lift
shall not extend more than 10 feet over the waterway from the
seawall bulkhead. The lift will extend 19'0" from the seawall.
As this additional distance would in any case be taken up by the
boat moored to the existing dock, we believe the encroachment
will not alter the existing condition and on that basis we
recommend the variance be granted by the City Commission.
The adjacent property owners were notified of this request and
have registered no objection.
It.~, ~
Carles Axelro
CA:kt
Attachment
CC: File: CAEGWOO6
Interoffice Memos
Agenda File
j
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # laC - MEETING OF OCTOBER 23, 1990
REQUEST FOR A VARIANCE
DATE: October 19, 1990
We received a request from the property owner at 1230 South Ocean
Boulevard for a variance to construct a boat lift 20 feet over the
waterway, with zero set back. City Code provides that boat lifts will
not extend further than 10 feet into the waterway and that a 10 foot
setback be maintained. The Engineering Department has reviewed this
request and recommends approval based upon the unusual configuration
of the property, adjacent property owners having signed letters of
agreement to the proposed boat lift and because the extension is
necessary to moor a boat at low tide.
Recommend approval of request for a variance for a boat lift at 1230
South Ocean Boulevard in accordance with Section 7.9.4 of the Land
Development Regulations.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt#g
SUBJECT: AGENDA ITEM # ~- MEETING OF OCTOBER 23, 1990
EXECUTION OF QUIT CLAIM DEED
DATE: October 19, 1990
We received a request from the property owners of Lot 1, Block 1,
Sunflower- Delray Section One. This property borders on Tract F,
which is the site of a City-owned pumping station. Presently there is
a cloud on the title reflected in a deed between Leadership
Communications, Inc. and Torrey Pines, Ltd. The lawyer who prepared
that deed listed the City1s sewage pumping station as being located on
Lots 1 and 2 of Block 1 instead of Tract F.
The City Attorney's office has researched the title, reviewed the
plat, and visited the site. They have determined that the City has no
interest in Lot 1 other than a 10 foot utility easement on the front
of the property. To rectify the title defect, the City must execute a
quit-claim deed releasing interest.
Recommend execution of a quit-claim deed releasing all interest, with
the exception of a 10 foot utility easement, in Lot 1, Block 1,
Sunflower- Delray Section One.
.."
"
[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE~!.l{i,i! ~Iiil', "jin\ Kl\(~L1.~()I(\U\n-+,~3
~,' 1 :Jll(iifJ!I.l<JII:'.~;-~-+,"
MEMORANDUM
Date: October 11, 1990
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Quit Claim Deed to Remedy the Defect on Lot 1, Block
1, Sunflower - Delray Section One
Mr. and Mrs. Joseph La Coursiere own property as described
above which borders Tract F, the site of a City of Delray Beach
pumping station. Mr. and Mrs. Joseph La Coursiere are in the
process of selling the property to Mr. 0' Neil. Presently
there is a cloud on the title reflected in a deed between
Leadership Communications, Inc. and Torrey Pines, Ltd. dated
June 9, 1977 wherein inadvertently the lawyer who prepared the
deed listed the City's sewage pumping station as located on
Lots 1 and 2 of Block 1 instead of Tract F.
Our office has researched the title, reviewed the plat, and
visited the site and could not find any City interest in Lot 1
other than a 10 foot utility easement on the front of the
property, as described on the plat.
To rectify the title defect for the seller and the purchaser,
the seller, through its attorney, has requested that the City
quit-claim any interest it may have in the property, other than
the 10 foot utility easement.
Attached hereto is a quit-claim deed submitted for your
approval.
By copy of this memorandum to David Harden, City Manager, our
office is requesting that this matter be placed on the October
23~commiSSion agenda.
SAR:ci
cc David Harden, City Manager
Grant Kehres, Esq.
Attachments
This instrument prepared by
and return to: .
Jeffrey Kurtz, Esq.
J10 S.E. 1st Street, Ste. 4
Delray Beach, Florida 33483
Parcel ID* 12-42-46-12-06-001-0010
5.S. II
QUIT CLAIM DEED
This quit-claim deed is made this day of
, 1990r by and between the CITY OF DELRAY
BEACH, a Florida Municipal Corporation, hereinafter referred to
as Grantor, to JOSEPH E. LACOURSIERE and MARY LOU LACOURSIERE,
husband and wife whose address is 253 Sudbury Drive. Atlantis,
Florida. hereinafter referred to as Grantee,
WITNESSETH, THAT, for and in consideration of TEN
DOLLARS cash in hand paid, and other good and valuable
consideration, the receipt and SUfficiency of which is hereby
acknowledged, the Grantor does hereby release, remise and
forever quit claim unto the Grantee forever all of its right,
title, claim, interest and demand which the Grantor has, except
for that certain ten foot utility easement as shown on the
plat, to the following described parcel of real property
located in Palm Beach County, Floridar to-wit:
Lot 1, Block 1, SUNFLOWER-DELRAY SECTION
ONE, according to the Plat Book 31, Page 36
of the Public Records of Palm Beach County,
Florida.
Specifically releasing any claim, it might have
ar~s~ng by virtue of the reference to the rights of the City of
Delray Beach to the said property in Paragraph 13 of the deed
executed by Leadership Communities, Inc. dated June 9, 1977 and
recorded June 13, 1977 in O.R. Book 2690, Page 1200 of the
Public Records of Palm Beach County, Florida, except for that
ten foot utility easement as shown on the plat referred to
above.
TO HAVE AND TO HOLD the same together with all and
singular the appurtenances thereunto belonging or in anywise
appertaining, and all the estate, right, title, interest,
equity and claim whatsoever of the Grantor, except for that
certain ten foot utility easement as shown on the plat referred
to above, either in law or equity to the only proper use,
benefit and behalf of the said Grantee forever
IN WITNESS WHEREOF, the Grantor has signed and sealed
these presents the day and year first above written.
Signed, sealed and delivered
in the presence of:
THE CITY OF DELRAY BEACH
Witness
By:
Witness Mayor
Attested by:
City Clerk
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned Notary Public in and for
the State and County last aforesaid, personally appeared
the Mayor, and r
the City Clerk of the CITY OF DELRAY BEACH, who aCknowledged
before me the execution of the foregoing instrument for the
purposes therein stated.
WITNESS my hand and official seal this
day of , 1990.
Notary Public
My Commission Expires:
-.--.----
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #~ - MEETING OF OCTOBER 23, 1990
ADOPTION OF RULES-FOR BOARD OF ADJUSTMENT
DATE: October 19, 1990
This item is before you to adopt Rules for the Board of Adjustments.
These updated rules provide for the election of officers; establish
Board meeting dates and times; define number of members needed to
establish a quorum; and other general rules and procedures. This
action is consistent with the adoption of the new Land Development
Regulations.
Recommend approval of Rules for the Board of Adjustment.
RULES OF THE CITY OF DELRAY BEACH
BOARD OF ADJUSTMENT
ARTICLE I: GENERAL GOVERNING RULES: The Board of
Adjustment (hereinafter referred to as the Board) shall be
governed by Sections 2.2.1 and 2.2.4 of Article 2.2 and Section
2.4.7 of Article 24 of the Land Development Regulations of the
ci ty of Delray Beach, as amended, and the Rules of Procedure
set forth herein, as adopted by the Board and approved by the
City Commission.
ARTICLE II: OFFICERS, COMMITTEES:
1. The Board shall elect a Chairperson, Vice-
Chairperson and Second Vice Chairperson annually in the month
of September.
----
2. The Chairperson ( or in his absence the Vice-
Chairperson) shall preside at all meetings and hearings of the
Board, decide all points of order and procedure and sign any
orders or other official correspondence of the Board. The
Chairperson shall appoint any committees which may be found
necessary.
3. The Second Vice Chairperson shall act as Chair-
person when the Chairperson and Vice-Chairperson are both
absent.
4. A recording secretary (who need not be a member
of the Board) shall be designated by the Board. The recording
secretary shall take and transcribe the minutes of each meeting
of the Board and carry out such other duties as may be assigned
by the Board, including but not limited to, preparing all
correspondence and records of examinations and hearings and
other official actions of the Board; keep a minute book
recording attendance, the vote of each member upon each
question, or if absent or failing to vote, indicating such
fact.
,- ARTICLE III:
1. The Board shall meet every first and third
Thursday of each month at 5:30 p.m., unless there is no cause
to hold such a meeting or it falls on a holiday as designated
by the City of Delray Beach. The Recording Secretary of the
Board shall notify each Board member not less than one ( 1) day
prior to any regularly scheduled meeting of any meeting. If
---
the Clerk's office cannot reach a member or obtain confirmation
and attendance by noon the day preceding the meeting, the
Secretary shall call on an alternate, who shall participate in
the meeting in place of a designated regular member.
2. SPECIAL MEETINGS: A special meeting may be
called by the Chairperson subject to compliance with statutory
notice provisions.
3. QUORUM: A quorum shall consist of three ( 3 )
members of the Board other than for consideration of appeals of
any decision, determination, order or requirement of the Chief
Building Official or Fire Chief, or to decide in favor of an
applicant on any matter upon which it is required to pass under
2
existing ordinances, or to effect any variation in the applica-
tion of existing ordinances, or to consider a motion for
re-hearing, in which event, a quorum shall consist of four (4)
members of the Board.
4. REPRESENTATION, PERSONAL INTEREST: No member of
the Board shall hear or vote upon an appeal or motion for
re-hearing in which she or he is directly or indirectly affect-
-
ed in a financial way or in any matter where the Board member
may be appearing before the board as a representative of an
applicant or a witness. Whenever a member or alternate member
of the Board has a personal, private or professional interest
in any matter which comes before the Board, that member or
alternate member shall disclose said conflict before discussion
and vote and shall, within fifteen (15) days after the vote
-----
occurs, file the proper form with the Board Secretary pursuant
to the provisions of Chapter 112, Florida statutes. If a Board
Member determines there will be a conflict of interest on a
scheduled item, and said member does not wish to participate,
the member may request that an alternate be substituted for
that particular agenda item.
5. CONDUCT OF MEETINGS: All meetings shall be open
to the public. The Chairperson, or in his absence the Vice-
Chairperson, or Second Vice Chairperson shall administer oaths
and may upon the request of any Board Member require the
attendance of witnesses. The order of business at meetings
shall be as follows: (a) roll call; (b) reading the minutes
3
of previous meetings; (c) reports of conunittees; (d)
unfinished business; (e) swearing in of witnesses (f) hearings
of cases; ( g) new business. The Chairperson may, in his or
her discretion, change the order of business at any meeting.
6. ADJOURNED MEETINGS: The Board may adjourn a
regular meeting if all business cannot be disposed of on the
day set, and no further public notice shall be necessary for
such a meeting if the time and place of its resumption are
stated at the time of adjournment and are not charged to its
resumption.
ARTICLE IV: ABSENCES:
1. A Board member's absence at three ( 3 ) successive
regular meetings or more than fifty-percent of all regular
---
Meetings within any six ( 6 ) month period shall constitute an
automatic resignation from the Board by such member, unless
said absence is due to illness or other extraordinary circum-
stances. Each Board member shall be responsible for notifying
the City Clerk's Office as promptly as possible of any antici-
pated absence from a Board meeting. Except for automatic
resignation from the Board, a Board Member may resign by filing
a written statement of resignation wi th the Clerk of the City
of Delray Beach, Florida. Vacancies on the Board shall be
filled pursuant to Article 2.2 of the Land Development Regula-
tions of the City of Delray Beach, as amended.
ARTICLE V: APPEALS AND NOTICE:
4
1. ADMINISTRATIVE REVIEW (SECTION 2.2.4(D) OF THE
LAND DEVELOPMENT REGULATIONS CITY OF DELRAY BEACH) - Appeals to
the Board of Adjustment concerning interpretation or adminis-
tration of existing ordinances may be taken by any person
aggrieved or by any officer or bureau of the governing body of
the city affected by any decision of the Chief Building
Official. The appeal shall be filed with the Chief Building
Official on a form provided by the Board of Adjustment within
thirty (30) days after a written order, requirement, decision,
determination, or violation notice issued and signed by the
Chief Building Official, Fire Chief or designees is served upon
the aggrieved person by regular or certified mail, return
receipt requested or upon hand-delivery. Service shall be
deemed complete upon mailing or upon hand-delivery.
--......
2. VARIANCES (SECTIONS 2.2.4(D) AND 2.4.7(A) OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH) - An
appeal requesting a variance from the terms of existing
ordinances may be filed at any time. The appeal shall be filed
with the Chief Building Official on a form provided by the
Board of Adjustment.
3. An appeal shall not be deemed filed unless and
until payment of an appeal fee as set forth in the Zoning Code
of the City of Delray Beach, as amended, has been paid. Filing
fees may be paid by check or money order.
S
4. PUBLIC NOTICE - Notice of the public hearing of
the appeal shall be given in accordance with the City of Delray
Beach Code of Ordinances and Florida Statutes.
5. AMENDMENT - An appeal may be amended at any time
or from time to time prior to or during the public hearing of
the appeal, provided that the amendment does not materially
alter the appeal as published in the public notice so as to
make the public notice of the appeal misleading, or that the
amendment does not request a greater variance from the terms of
existing ordinances than that requested by the appeal. In the
event the amendment makes the appeal misleading or requests a
greater variance, as determined by the Chairperson of the Board
of Adjustment, an amended public notice shall be given. The
applicant shall pay an additional fee in a sum equal to the
---
cost of publishing an amended public notice.
6. DISMISSAL - An applicant may voluntarily dismiss
his or her appeal at any time prior to the cormnencement of a
roll call vote to decide such appeal, and such dismissal shall
be without prejudice except that a voluntary dismissal operates
as an adjudication on the merits of the appeal when served by
an applicant who has once previously dismissed an appeal board
on the same facts or circumstances. A voluntary dismissal
shall be in writing and filed with the City Clerk, unless
announced at a public hearing.
6
ARTICLE VI: HEARING AND RE-HEARING:
1. An appeal shall be heard within forty (40) days
from the time of filing the appeal with the Chief Building
Official. Appeals shall be heard in order of their filing;
amended appeals shall have priority according to the date of
the amendment if an amended public notice is required.
2. At the public hearing, the applicant or any
other party may appear on his own behalf or be represented by
an agent or an attorney. If the applicant does not appear on
his own behalf at the public hearing, he shall file with the
Secretary of the Board prior to the public hearing a statement,
made under oath, authorizing such other person to represent him
at the public hearing.
3. The order of the hearing shall be:
---
a. Statement of case by Chairperson.
b. Supporting argument by applicant or his
agent or attorney.
c. Supporting arguments by others at the
hearing.
d. Opposing arguments by persons at the
hearing.
e. Rebuttal by those supporting appeal (other
than applicant).
f. Rebuttal by those opposed to appeal.
g. Final rebuttal by applicant.
7
Witnesses may be called and cross examined and
factual evidence and exhibits may be submitted.
The Chairperson may establish appropriate time limits
for arguments, but such time limits shall be equal for both
sides. The Roberts Rules of Order, newly revised edition,
shall be the final authority on all questions of parliamentary
procedure.
.-
4. DECISIONS - A decision on any appeal shall be
made at the public hearing. Voting shall be a roll call vote.
Roll call shall be in random order. All Board Members present
shall vote. The Chairperson shall vote last. The voting of
each member shall be "yes" (in favor of the motion) or "no"
(opposed to the motion). A concurring vote of four (4) members
of the Board shall be necessary to reverse any decision,
--
determination, order, or requirement of the Chief Building
Official or Fire Chief or designee, or to decide in favor of
the applicant on any matter upon which it is required to pass
under existing ordinances, or to effect any variation in the
application of existing ordinances.
The decision of the Board, including any findings of
fact and any conditions imposed, shall be written on the
original appeal form. The original appeal form shall be field
with the Board of Adjustment, and a copy of the appeal form
shall be served upon the Chief Building Official and/or Fire
Chief and the applicant.
8
5. A decision is not final until the time within
which an applicant may file a motion for rehearing expires, or,
if a motion for rehearing is filed, when it is denied, or if it
is granted, at the time the decision by the Board is rendered
at the rehearing.
6. REHEARING - The City or applicant may file a
written motion for rehearing of the decision rendered by the
Board on the appeal. The motion shall be filed with the Chief
Building Official within ten (10) days of the date the decision
is rendered. No filing fee shall be required. The concurring
vote of four (4 ) members of the Board shall be necessary to
grant a motion for rehearing. The motion for rehearing may be
based upon the following grounds: (1) newly discovered
evidence which by due diligence could not have been discovered
-----
in time to present at the public hearing; ( 2 ) fraud, misrepre-
sentation or other misconduct of any person who submitted
evidence to the Board; ( 3 ) mistake, inadvertence, surprise or
excusable neglect; or ( 4 ) the Board has overlooked or misappre-
hended any material points of law or fact. If the Board grants
a motion for rehearing, public notice of rehearing shall be
given at the cost of the applicant.
7. REFILING OF APPEAL AFTER FINAL DECISION RENDERED
- Nontwithstanding, the rendering of a final decision by the
Board with respect to an appeal requesting a variance from the
terms of existing ordinances, an applicant may refile such
9
appeal at any time if there has been a substantial change in
facts, circumstances or conditions. The refiled appeal shall
proceed in the same manner as an initial appeal.
ARTICLE VII: AMENDMENTS; EFFECTIVE DATE:
1. These rules of procedure may be amended by a
concurring vote of four (4) members of the Board, provided that
.-
the proposed amendment has been presented to the Board at least
one week prior to its adoption.
2. These rules of procedure shall be reviewed by,
the Board not less than every two ( 2 ) years. Recormnendations
for proposed amendments shall be made in writing.
3. These rules shall become effective following
their approval by City Cormnission.
--
'- These Rules of Procedure were adopted by the Board of
Adjustment on the day of ,
19 .
Chairperson, Board of Adjustment
Approved by City Cormnission on the day of
, 19 .
Mayor, City of Delray Beach
Attest
10
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJvf
SUBJECT: AGENDA ITEM # ~L- - MEETING OF OCTOBER 23, 1990
PEACE MILE AT BARWICK PARK
DATE: October 19, 1990
We received a request from Sri Chinmoy Peace Mile to dedicate the one
mile jogging path at Barwick Park as a "peace mile". The Sri Chinmoy
Peace Mile is an organization which promotes physical fitness as a
means of achieving brotherhood and good relations among all people and
nations of the world. "Peace Miles" exist in 70 locations throughout
the world.
Should the Commission approve this request, a dedication ceremony
would be held sometime in the near future.
Recommend approval of request for a "Peace Mile" at Barwick Park.
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: PEACE MILE
DATE: October 8, 1990
The attached letter was forwarded to me by Mayor Lynch for
review. I have discussed this item and met with Thomas Pliske
at Barwick Park where we have a one (1) mile jogging path which
he is requesting they be allowed to dedicate also as a peace
mile. As far as I can determine, Sri Chinmoy is a non-religious
organization dedicated to physical fitness and world peace. If
approved they would like to have a small dedication ceremony and
install a plague.
Certainly it is for a worthy ideal and can be incorporated in
our fitness trail at Barwick Park. I would suggest this be put
on the consent agenda for Commission approval.
Please review and advise.
-~ Q
<'/~C::' '~.
Parks and Recreation
~
JW: jmh
REF:JW219.DOC
Attachment
. _.~- -- -------- ----- --,
'," ... SRI CHINMOY PEACE MILE
f
I) 4531 PRAIRIE AVENUE
- '. ..
MIAMI BEACH, FL 33140 - . .. 305-538-0635
..
~
Hon. Thomas E. Lynch, Mayor
100 N.W. 1st. Ave. 33444 uJe (J-o.J June 27. 1990
De1ray Beach, FL.
~~ --rG.-7JI2~ ~
Lynch: ~"!tJ ffr\- ~ ~.,N
Dear Mayor W c-l rc ~ /11'-' I RAY- ,--
I am writing to ask for your kind support in establishing a
Sri Chinmoy Peace Mile in Delray Beach.
This Peace Mile would be a precisely measured one mile running-
jogging course in a town park area, street,. walking trail or bridge
dedicated to world peace. Today, in mid-l990 as the hopes for global
harmony appear on their way to 'reality, the Peace Mile will serve as
a dynamic and inspirational reminder to retain personal and planetary
peace as a constant goal. The Peace Mile will be a way for your
citizens not only to promote their personal sense of well-being through
physical fitness, but also to promote ,brotherhood and good relations
among all peoples and nations of the world.
The link between sports and world unity - similar in spirit to
the ideal of the Olympics - fired the imagination of the Greater
London Council, which in 1985 set up the first' Sri Chinmoy Peace Mile
on the River Thames across from Parliament. With what now appears as
prophetic vision, the second Peace Mile was established in West Berlin
directly in the shadow of the Berlin Wall, the last stone of which
will be removed within the next few days. As of January, 1990, over
70 Peace Miles have been established. Twenty-five are in the U.s.
(including New York City, Albany, Washington, D.C. and Los Angeles) ,
while the rest are abroad in such cities as London, Vienna, Zurich,
Canberra, Edinburgh and Uppsala.
Sri Chinmoy has dedicated his life to physical fitness and to
the quest for world peace. Through sports and an increasing multitude
of humanitarian activites, Sri Chinrnoy has inspired countless
thousands to bring forward the best in themselves. The Sri Chinmoy
Marathon Team, founded in 1976, sponsors over 500 races worldwide
each year, ranging from 1300-mile ultramarathons to two-mile fun runs.
As a student of his own philisophy of human service and self-
transcendence, he has distinguished himself as a poet and author
with over 700 published books, as an extraordinary artist who has
created over 140,000 paintings and as a composer of over 5000
hauntingly beautiful songs. He has given over 200 free Peace Concerts
worldwide, most recently in the now accessibleEastern European nations.
As an internationally recognized weightlifter, he recently entered the world
record books by raising 2,000 pounds <X1 a calf-raise machine.
-~, - - - - --"-~. .-. ----~~---- ---
/' ,.
># Peace Mile/page 2
In June, 1988, he began a project which he calls Lifting_
Up The World With A Oneness-Heart in which he recognizes people
who are leaders in their fields and honors them by lifting them
overhead with one arm with the aid of a special platform. While
physically lifting those he honors, he offers inner peace by
meditating on them. To date he has lifted over 1,300 people
ranging from Olympic athletes and public officials to abbots of
Buddhist monasteries in Thailand.
Sri Chinrnoy is also the inspiring force behind the Oneness-
Horne Peace Run, world's longest-ever relay run spanning more than
70 nations and 27,000 miles. The runners pass an olympic-style
torch from hand to hand through nation after nation in the cause
and spirit of world peace. The run is coordinated bh the Sri
Chinmoy Marathon Teams worldwide. Another OHPR is sc eduled for 1991.
His efforts have won the admiration, commendation and respect
of a diverse group of leaders and organizations; such as:
* Olympic g014 medallist Carl Lewis, Registrar of the British
Amateur Weight Lifters' Association Jim Smith, Muhammad Ali,
Hank Aaron, Clarence Clemons, Leonard Bernstein, Zubin Mehta
and many others;
* The Secretary-Generals and Ambassadors at the United Nations,
where he has been conducting twice-weekly Peace Meditations for
delegates and staff since 1970;
* Many members of US Congress where monthly peace meditations
are held;
#,
* The President's Council on Physical Fitness and Sports, which
has twice commended Sri Chinrnoy for his contributions to sports;
* The Governor of Puerto Rico who in 1986 declared Sri Chinmoy
an official Ambassador of Peace;
* Florida cities, many of which have officially declared "Sri
Chinmoy Days" in connection' with special athletic ,events sponsored
by the Florida chapter of the Sri Chinmoy Marathon Team.
A Sri Chinmoy Peace Mile dedicated to the Olympic Spirit and
the cause of world peace would be an inspiration to people of all
ages. In addition, a Peace Mile in your community will be another
tangible link in the growing community of minds and hearts that
is the hope for a peaceful world.
We will be in touch with your office by telephone within a
few days to follow up this introduction to the Peace Mile.
Thank you for your kind consideration.
,
Sincerely yours, ,
Th~J!~~
Project Coordinator
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 9; K - MEETING OF OCTOBER 23, 1990
RESOLUTION NO. 102-90
DATE: October 19, 1990
This is a Resolution abandoning the alley right-of-way adjacent to the
Walgreen's Development located north of N.E. 4th Street, between N.E.
5th and 6th Avenues. This abandonment is required as a condition of
the site plan approval. There are no objections to the proposed
abandonment, however, it is necessary that replacement utility and
access easements be provided. This action can be accommodated through
a boundary plat, however, this abandonment resolution first needs to
be enacted. Should the Commission approve this resolution a condition
should be attached which would void the abandonment action should the
boundary plat not be recorded on or before February 28, 1992.
The Planning and Zoning Board at their October 15th meeting
recommended approval.
Recommend approval of Resolution No. 102-90 subject to the recording
of a boundary plat.
.
----- - .--.--.---- ---._-- -- _._~.._-
- -~.__.- -_._-~--- ~_._._-- -
RESOLUTION NO. 102-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACHr FLORIDA, VACATING AND ABANDONING ALL
THAT PART OF THE ALLEY BEING 16.0 FEET IN WIDTH AS
SHOWN ON THE PLAT OF HALLER AND GROOTMAN'S
SUBDIVISION, RECORDED IN PLAT BOOK 5, PAGE 4 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTYr FLORIDA, LYING
BETWEEN LOTS 7, 8 AND 9, AND LOTS 10, 11 AND 12, OF
SAID HALLER AND GROOTMAN'S SUBDIVISION, LESS THE SOUTH
15.0 FEET THEREOF.
WHEREAS, Barnett Bank is the fee-simple owner of Lots 7, 8, 9
and lOr 11 and 12, Haller and Grootman's Subdivisionr as recorded in
Plat Book 5, Page 4, of the Public Records of Palm Beach County,
Florida; and,
WHEREASr Kenneth T. Barber, Vice President, Dublin Associates,
Limitedr has made application for abandonment of that part of the alley
being 16.0 feet in width as shown on the plat of Haller and Grootman's
Subdivision; and,
WHEREAS, the requested abandonment was considered by the
Planning and Zoning Board, determined that such an abandonment is not
inconsistent with the Comprehensive Planr and recommended for approval
subject to conditions; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that its interest in the described property is no longer
needed for the public good and deems it to be in the best interests of
the City of Delray Beach to vacate and abandon said part of the alley,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) of the Florida
Statutes, it is hereby determined to vacate and abandon all right and
interest it holds to the following real property:
All that part of the alley being 16.0 feet in width as
shown on the plat of Haller and Grootman's Subdivis-
ion, Recorded in Plat Book 5, Page 4 of the Public
Records of Palm Beach County, Floridar lying between
Lots 7, 8 and 9, and Lots 10, 11 and 12, of said
Haller and Grootman's Subdivision, Less the South 15.0
feet thereof.
Section 2. That the action in Section 1 shall not become
effective until a final plat which incorporates the abandoned area with
the contiguous properties with a rep1at is approved by the City Commis-
sion. Such plat must be approved on or before February 28, 1992.
PASSED AND ADOPTED in regular session on this the 23rd day of
October, 1990.
MAYOR
ATTEST:
City Clerk
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
:3~,_) k<-~~~l
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 23, 1990
ABANDONMENT OF ALLEY RIGHT-OF-WAY, WALGREENS OF DELRAY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of abandonment of a portion of an alley. The
abandonment is for the south portion of a n/s alley which is
the proposed Walgreens of Delray development on U.S. 1 at
N.E. 4th Street.
BACKGROUND:
This abandonment has been required as a condition of approval of
site plan approval. The abandonment request has been properly
prepared and processed. While there are no objections to the
proposed abandonment, it is necessary that replacement utility
and access easements be provided. It is most appropriate to have
these replacement easements reflected upon a boundary plat. In
order to prepare the plat properly, the abandonment resolution
needs to be enacted. Thus, the abandonment is being approved
subject to conditions of it being consummated by filing of the
boundary plat and the failure to record such a plat shall void
the abandonment action.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at it's
meeting of October 15th and unanimously recommended approval.
RECOMMENDED ACTION:
By motion,
Attachment:
* Cover sheet from P&Z 10/15 staff report
* Resolution of abandonment
~LRNNING B ZONiNG BOARD
--- STAFF REPORT ---
:ITY OF OELRAY BEACH
MEET ING rnTE: OCTOBER 15, 1990
ALJEN:)1 ITEM: v. F.
I TEM : ABANDONMENT OF ALLEY RIGHT-OF-WAY ASSOCIATED WITH THE WALGREEN'S DEVELOPMENT
PROPOSAL
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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 Size.... ...............1.53 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 Ge.
Existing Land lIse... .... ....... .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
a 2" main along the alley
Sewer Service.................. .8" sanitary sewer alono thp i'lllpv V I (
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation
on the abandonment of an alley right-of-way between Lots
7,8,9 and 10, 11 and 12 as shown on the plat of "Haller and
Grootman's Subdivision".
BACKGROUND:
For complete background history on this parcel, refer to the
Planning and Zoning Board's staff report of August 20th, 1990 for
the Site Plan and Preliminary Plat Approval for the "Walgreen's".
On September 7, 1990, a Site Plan and Preliminary Plat was
submitted for the defunct Zankle site located north of N.E.
4th Street between the Federal Highway one-way pairs. The
development proposal involved the construction of a single
story retail store and parking on Lots 10-16 with additional
parking proposed on Lots 7-9. These parking areas are separated
by an alley. This created an off-site parking situation with a
proposed unity of title.
Through the review process, it was determined that it would not
be appropriate to use the alley as an ingress/egress, due to the
fact that the alley right-of-way was only 20' and it would be
used for the private use of the retail store. With traffic
generated by the Walgreen's, a 20' drive would not accommodate
two-way traffic, maintenance and/or delivery vehicles.
Staff recommended that the alley be abandoned. The abandonment
also eliminates the need for a unity of title. With the
abandonment a 24' ingress/egress easement inconjuction with a
utility easement to cover the existing utilities in the alley
would need to be provided.
The Preliminary Plat was recommended for approval by the
Planning and Zoning Board on the condition that the alley be
abandoned.
ASSESSMENT:
The abandonment request has been sent out to all utility and
cable companies for their review. Responses from each have
been received. Following is the discussion of those
utilities which will be impacted by this abandonment.
P&Z Staff Report
Grootman's and Haller - Alley Abandonment
Page 2
Southern Bell Telephone company has no objection to the vacation
of the alley right-of-way, if a utility easement is granted
covering the existing Southern Bell Telephone facilities.
Palm Beach County has no objections to the abandonment.
Florida Power and Light has no objection to the abandonment
of the alley, provided that a ten-foot wide utility easement
is provided for all FPL facilities within the alley.
Florida Public Utilities Company does not presently have a
gas main within the alley, but felt that the right-of-way
should remain open for a future main extension. They would
however, not object if a perpetual easement that encompass's
the entire right-of-way be provided.
Leadership Cablevision had no objection as long as an
easement was provided.
The City of Delray Beach Fire Department has no objection.
The City of Delray Beach Police Department has no objection.
The City of Delray Beach Utility Department has no objection as
long as a utility easement is provided to cover the existing
lines within the alley.
Per the Comprehensive Policy A-6.3 in the Traffic Element,
abandonment of right-of-way shall not be granted unless it
is conclusively demonstrated that there is not, nor will be,
a need for the use of the right-of-way for any public
purpose.
In this situation, the abandonment does eliminate the
right-of-way, however creates an ingress/egress easement and
utility easement which does not prohibit public use.
ALTERNATIVE ACTIONS:
1- Continue with direction
2. Recommend denial with reasons stated
3. Recommend approval of the abandonment of right-of-way
for that portion lying between Lots 7,8,9 and 10,11,12
as shown on the plat of Haller and Grootman's Subdivision.
P&Z Staff Report
Grootman's and Haller - Alley Abandonment
Page 3
RECOMMENDED ACTION:
Recommend approval of the abandonment of right-of-way for that
portion lying between Lots 7,8,9 and 10,11, and 12 as shown on
the plat of Haller and Grootman's Subdivision with the condition
that final plat be approved by the City Commission.
REF:A:WALGREN5.TXT/14
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.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER IP-1
SUBJECT: AGENDA ITEM # f!1J - MEETING OF OCTOBER 23, 1990
RESOLUTION NO. 103-90
DATE: October 19, 1990
This is a Resolution requesting grant assistance in the amount of
$25,000 from the Clean Florida Commission. Grant funding received
would be used for launching a "Cleaner Delray Beach" public
information campaign to discourage littering and curtail the use of
products that create litter, 1. e. styrofoam cups, plastic flatware,
plastic bags, etc. This program would be undertaken in conjunction
with our recycling efforts. This is a 50/50 matching grant. Funding
is available in the Surplus Sanitation Fund Balance. It is estimated
that the projected surplus in that account will be $50,000.
Recommend approval of Resolution No. 103-90.
_'t .----- ----- -------
- -~- ----- .-----
RESOLUTION NO. 103-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING GRANT ASSISTANCE
FROM THE CLEAN FLORIDA COMMISSION.
WHEREAS, the City of Delray Beach is interested in carrying out
the following described project for the enjoyment of the citizenry of
Delray Beach and the State of Florida:
Project Title Litter Prevention Program
Total Estimated Cost $50rOOO (Proposa I to Clean Florida
Commission for up to $25,000 of total cost)
Brief Description of Project: The Clean Florida Commission
provides funds to assist in the implementation of Litter Prevention
Programs throughout the State. The City wishes to make application for
l funding to the max imum amount of $25,000 to develop
up so as our own
Litter Prevention Program which would be a natural add on to our current
recycling efforts. In brief, the funds would be used for educational
purposes. We propose that the solutions to the litter and waste prob-
i lems can only come about if people are informed and involved in the
process. This grant would serve such purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
. CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the project described above be authorized.
Section 2. That the City Commission of the City of Delray
, Beach make application to the Clean Florida Commission in the amount of
50% of the actual cost of the project on behalf of said City of Delray
Beach.
.
Section 3. That the City Commission of the City of Delray
I Beach certifies to the following:
1. That it will accept the terms and conditions set forth in
the Clean Florida Commission Guidelines and which will be a part of the
Project Agreement for any grant awarded under the attached proposal.
.
2. That is is in complete accord with the proposal and that it
will carry out the Program in the manner described in the proposal and
any plans and specifications attached thereto unless prior approval for
any change has been received from the Clean Florida Commission.
3. That it has the ability and intention to finance its share
of the cost of the project of up to $25,000 (or matching amount of grant
award) and that the project will be operated and maintained at the
expense of said City of Delray Beach for public use. Matching funds
will be dedicated from existing Sanitation Fund account.
4. That it will not discriminate against any person on the
basis of race, color or national origin in the use of any property or
facili ty acquired or developer pursuant to this proposal, and shall
comply with the terms and intent of the Title VI of the Civil Rights Act
of 1964, P.L. 88-352 (1964) and design and construct all facilities to
comply fully with statutes relating to accessibility by handicapped
persons as well as other federal, state and local laws, rules and
requirements.
.'i
------------ - _n___ -------~.--- ____on _______.
------.-- . ----------
5. That it will maintain adequate financial records on the
proposed project to substantiate expenditures.
PASSED AND ADOPTED in regular session on this the 23rd day of
October, 1990.
,
MAY 0 R
ATTEST:
,
i
.
.
,
!
-
-2- Res. No. 103-90
october 17, 1990
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
/'
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT'r ,/)
L
,
RE: REQUEST FOR COMMISSION APPROVAL TO SUBMIT APPLICATION FOR
MATCHING GRANT TO THE CLEAN FLORIDA COMMISSION FOR A
-LITTER PREVENTION- PROGRAM IN THE AMOUNT OF $25,000 - -
BACKGROUND:
The Grants Administrator has brought to my attention a funding
source that provides funds of up to $25,000 to assist in the
implementation of a "Litter Prevention" program. The Ci ty has
just completed year two of our Recycling Program with much
success. The Litter Prevention program would be a natural add-on
to our recycling efforts.
The attached proposal narrative goes into detail as to how we
envision utilizing these funds. In brief, the funds would be
used for education purposes. We propose that the solutions to
the litter and waste problems can only corne about if people are
informed and involved in the process. This grant would serve
such purpose.
The City is required to provide documentation of the required
match (binding resolution) with the application submission. The
application is due by November 1, 1990. Notifications of
approval are expected in December with award of funds in late
January. This is NOT a reimbursement type grant. The approved
funding amount will be sent to the City in January. If approved,
the program would be coordinated by Robin Ennis, the Recycling
Coordinator.
RECOMMENDATION:
We are requesting that the Commission authorize staff to submit
the grant application to the Clean Florida Commission pursuant to
their requirements in the amount of $25,000 and that the
Commission provide for matching funds in the amount of $25,000 by
resolution from the existing Sanitation fund account to
accompany the grant application.
Attachment
LB5
Litter.GA
LITTER PREVENTION GRANT
PROPOSAL NARRATIVE FORMAT
A. BACKGROUND INFORHATION
l. List and describe all current litter studies and plans conducted
by the applicant or within the jurisdiction of the applicant.
The City Commission has approved, for fiscal year 1990-91, the
enhancement of scheduled bulk trash collection services
throughout the City. This enhancement calls for the "scheduled"
services area to be expanded by roughly 50% and for the frequency
of collection service to be increased from once per week to two
times per week. Negotiations are currently underway with our
hauling contractor relative to this needed expansion of service.
2. Describe all existing litter programs conducted by the applicant
or within the jurisdiction of the applicant.
In addition to the expansion of the City's bulk trash collection
program, the City of Delray Beach has been highly successful with
its two-year-old Recyc ling Program. Currently 71i. of the
single-family homes in Delray Beach are involved in the Program.
This amounts to 400,000 pounds of co-mingled recyclables per
month with an additional 30.000 pounds of newspapers from
participating multi-family units.
The Program has expanded to the point where the City has hired a
full-time Recycling Coordinator whose sole responsibility is to
promote recycling and other environmental programs in Delray
Beach.
3. Describe all public/private cooperation efforts at litter
prevention and control.
The City has cooperated with various groups that are concerned
with litter problems. One such coalition from Florida Atlantic
University sponsors Operation "Clean Sweep" which is involved
with the removal of litter from Florida's beaches. We also
participate in the semi-annual "Trash-a-thon" sponsored by the
Center for Marine Conservation. The City of Delray Beach is very
supportive of these kinds of activities. especially where young
people get involved. By establishing the awareness of the
problem with the future leaders of our community. we get one step
closer in resolving these important environmental issues in the
future. Awareness and education are the key elements if we are
to make the strides necessary to keep our cities and communities
pleasant and healthful places in which to live, visit and work.
4. Describe current litter condition of the geographical area to be
covered by the grant.
Our proposal addresses the City at large, however, specific
emphasis will be placed on the older areas of the City that have
visible blighted conditions due to littered vacant lots and other
properties. Emphasis will be directed at the established
"Community Development (CD) Target Area" which has the largest
percentage of low/moderate households and littered conditions.
B. PROPOSED PROGRAl'l
l. Narrative Description of the Proposed Program
The key to the success of any environmental program is education.
The progress that we have experienced with our Recycling Program
has been achieved through our educational component. We wish to
expand the scope of these important programs to include litter
prevention and control. As with recycling, a comprehensive
litter public education program would address the problem at the
source, rather than dealing with it after it becomes a problem -
litter!
2. Goals and Objectives of the Proposed Program
a. Business Involvement
To discourage littering and promote a cleaner Delray Beach,
a public information campaign would be launched. Local
businesses would be encouraged to participate in a Citywide
awareness program aimed at not only eliminating litter, but
in curtailing the use of products that create it, i. e. ,
styrofoam cups, plastic flatware, plastic bags, excessive
packaging, etcetra. Working with the Chamber of Commerce,
source reduction and litter prevention workshops will be
held for local businesses. Commercial recycling service
will be available to the business community effective
December 1 , 1990. Litter prevention and source reduction
would be a perfect companion to the Recycling Coordinator's
message to the business community.
b. Residential Program
As previously discussed, the City is moving ahead with
enhanced bulk trash collection services. To further assist
in neighborhoods most plagued with residential garbage piles
that accumulate on City streets, the City has started a
pilot program to provide these residents with a 95-gallon
roll-out garbage container. Preliminary findings look
promising. A neighborhood education program would
compliment these efforts.
c. Public Information Program
A pub lie awareness campaign for litter prevention could
easily be incorporated into the Recycling Coordinator's
community environmental education programs. This staff
person speaks frequently before civic and community groups,
school children, business organizations and participates in
numerous community affairs and environmental education
events promoting environmental awareness in our City.
d. School Programs
Litter prevention education would be an integral part of the
environmental education programs that the City sponsors for
neighborhood schools. We propose and "Adopt-a-Neighborhood"
or "Adopt-a-Block" program where middle and high school
students would organize to clean-up a particular
neighborhood in the Delray Beach community. These students
could also assist in the education effort as well by hanging
door hangers, distributing flyers and speaking to residents
in the community. This program would also be introduced to
Youth Civic Groups, Scout troops, etcetra.
3. Tasks to be Accomplished Including Timetable for Completion
Task Time Table
Continue Distribution of Garbage Containers Ongoing
in Problem Neighborhoods
Develop ad Campaign 01/01/91 - 02/15/91
Community Neetings 03/15/91 - Ongoing
School Education Program 04/01/91 - Ongoing
Direct Mail Campaign to City Residents 03/01/91 (One Main
Effort)
Newspaper ad Campaigns 02/15/91 - 08/15/91
Outdoor Promotional Campaign (Posters, 04/15/91 - Ongoing
Signs, Promotional Door Hangers, etc.)
Recruiting Volunteers to Assist 03/01/91 - Ongoing
Home Visits by Recycling Coordinator/ 04/01/91 - Ongoing
Volunteers
Neighborhood Association Groups/Contests 03/15/91 - Ongoing
4. The Measurable Objectives of the Program
-Educate Delray Beach residents of the hazards of litter and
the benefits of a clean City environment.
-Involve neighborhood associations in the effort.
-Heighten public awareness of a Citywide litter prevention
program (preferably a IIKeep Florida Beautifulll Campaign).
-Keep our City streets, parks, beaches clean and litter-free for
the enjoyment of our resident and visitors.
-Develop a litter prevention/control education program for Delray
Beach schools.
-Work with Parks and Recreation groundskeepers to develop a
comprehensive litter prevention program for our parks and
marina. Increase the number of bins, if necessary, and arrange
for special garbage pick-up after community events.
-Organize neighborhood IIclean-up" days, where neighborhood
residents and volunteers work together to remove litter and
debris from the neighborhood. Publicize the events to assure
maximum exposure and participation. These events could be
Citywide creating a sense of motivation through competition
among the neighborhoods.
5. The Methods Proposed to Evaluate the Success of the Program
a. Develop a "neighborhood watch" system. The Recycling
Coordinator would work with neighborhood association leaders
to ident ify litter problem areas. After a community
education effort is launched, the Coordinator would
periodically visit the neighborhood, meeting with residents
to determine the source of the litter problem and work on
how to eliminate it. A neighborhood or block award program
would be developed, recognizing neighborhoods that show the
greatest improvement. Code Enforcement would notify the
Coordinator of any persistent violators and a home visit
would result.
b. Develop a progress grading system whereby every
neighborhood, park and public area is evaluated for its
aesthetics. Maintain graphs that will chart their progress.
The results will be published and distributed to residents
on a periodic basis.
C. PROGRAM BUDGET
Prepare a program budget which includes the following elements:
l. Total program costs by category (e.g., personnel, contract
services, equipment rental, etc.)
Category Amount
Professional Services (speakers, contracted personnel. . $20,000
for specific services, etc.)
Public Information (pamphlets, flyers, printing, media). 17,500
Category Amount
Postage . . . . . . . . . . . . . . . . . . . . . . . . 6,000
Film Supplies/Processing . . . . . . . . . . . . . . . . 3,000
Operating Supplies . . . . . . . . . . . . . . . . . . 2,000
Travel and Training . . . . . . . . . . . . . . . . . . 1,500
TOTAL $50,000
2. Allocation of program cost by funding source (e.g., local share,
State share, other)
Category Local Share State Share Total
Professional Services. . . . . $10,000 $10,000 $20,000
Public Information . . . . . . 8,750 8,750 17,500
Postage. . . . . . . . . . . . 3,000 3,000 6,000
Film Supplies/Processing . . . 1,500 1,500 3,000
Operating Supplies . . . . . . 1,000 1,000 2,000
Travel and Training. . . . . . 750 750 1,500
TOTAL $25,000 $25,000 $50,000
3. It should be clearly understood that funding under this grant
requires a dollar-far-dollar match. Commitment from matching
source must be documented prior to receiving grant funding.
Resolution by City Commission is attached.
4. Describe how the program will proceed if total funding from the
Clean Florida Commission is not received. (What if the Clean
Florida Commission only funds a portion of the proposed program?)
The City of Delray Beach is a beautiful oceanside community that
takes great pride in its beaches and public parks. We are a City
that is involved in preserving our cultural history as can be
evidenced by the cooperative funding efforts of the State and
local community in our historic Old School Square and Banker's
Row Projects. While we are interested in preserving some of our
past, we are also committed in dealing effectively with the
problems associated with being a very attractive place to visit
and live. Since 1980, our resident population has increased over
36%. With this type of growth comes an even greater challenge in
keeping our City clean and attractive. In this proposal, we have
discussed our highly successsful Recycling Program as well as the
efforts being made to increase our bulk trash collection
services. We are attempting to keep abreast of these
ever-growing problems.
The funds we are requesting are for educational programs. The
solutions to the litter and waste problems that we must solve can
only come about if people are kept informed and involved in the
process. With the work that needs to be done, we feel our
funding request to be prudent. A reduction of funds will, in
turn, mean a reduction in the scope and impact of our
community-based educational efforts. This would be unfortunate
particularly since we have an effective mechanism through our
Recycling Program to tie-in both areas of concern. In fact, with
the proper funding, such an approach could serve as a model for
other communities in the State.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfr/v)
SUBJECT: AGENDA ITEM #~.D.'fa- MEETING OF OCTOBER 23, 1990
AWARD OF BIDS AND CONTRACTS
DATE: October 19, 1990
The following items are before you for award of bids and contracts:
1. Installation of Sidewalk- Pompey Park- ARZ Builders, Inc.
in the amount of $14,129 with funding from Decade of
Excellence- Sidewalk Pompey Park. Account balance $19,250.
2. 1991 Street Resurfacing project- Engineering Department-
Pavex Corporation in the amount of $230,710 with funding from
General Construction Fund- Resurfacing (Account No.
334-3162-541-60.53). Account balance $250,000.
Recommend approval of award of bids and contracts.
~'.... ".
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
AdMinistrative Services
FROM: Ted Glas, Purchasing Officer ff~
DATE: October 16, 1990
SUBJECT: DOCUMENTATION- CITY COMMISSION MEETING-
OCTOBER U, 1990- BID AWARD- BID .90-96
lffl_SIB~~I_BE~YBEaCI~~_eBQJ~CI
It~~_i~fgL~_C11~_CQ~~!~~1QD~
The City COMMission is requested to award contract to
low bidder, Pavex Corporation, in the aMount of
. $230,710. Per the Budget ~~ ~n~ is ~roM~ ,CL
.JJ4.~~-,,L--- ( _ :z'-~_ """
~ ).
- . &i ~-I--;O-/T ~'o II ,;(!;O, oov
a~l;J1gr:gUDg
al;gg,ILg!_Wgr:J1
Furnish all labor, Materials and equipMent for
resurfacing streets and intersections froM 1991
location plan.
Bids for this project were received on October 5.1990
froM four (4) cont ractors, all in accordance with City
purchasing procedures. (Bid .90-96. DocuMentation on
file in the Purchasing Office.) A tabulation of bids
is attached for your review.
The low bid was subMitted by Pavex Corporation in the
aMount of $230,710. Engineering's estiMate for this
work is $240,000.
BIr"g~OCDg~1igD.l.
Staff recoMMends award to low bidder, Pavex Corporation
in the aMount of $230,710. Funding as outlined above.
e:t1lil;bo~D1~J.
Tabulation of Bids
ReCOMMendation froM Engineering
pc Mark Gabriel
George Abou-Jaoude
TAB U L A T 10M o F B 10 S
B I 0 I 90-96
October 05, 1990 1991 STREET RESURFACING
Pavex Hardrives of Weekley Asphalt ColmDUnity
ITEM D ESCRIPTION QTY. Corporation Delray. Inc. Paving Inc. Asphalt Corp.
- I
1. A SPHAl T CONCRETE 33.95 ton 34.70 ton 36.00 ton 36.50 ton
TYPE S-3 FOR STREETS 6200 TOM 210.490.00 215.140.00 223.200.00 226.300.00
2. ~DJUSTING MANHOLE 120.00 each 90.00 each 125.00 each 125.00 each
RAME & COVER 50 EACH 6.000.00 4.500.00 6.250.00 6.250.00
3. DJUSTING INLET 350.00 each 200.00 each 125.00 'each 750.00 each
t1RA TES 3 EACH 1.050.00 600.00 375.00 2.250.00
4. r'OJUSTING YALYE 35.00 each 40.00 each 85.00 each 95.00 each
aOXES 15 EACH 525.00 600.00 1.275.00 1.425.00
Sa. oOLIDS & DASH YELLOW LUMP 7500.00 per L.S 10563.00 L.S. 14070.00 L.S. 14070.oo per L.S
~ENTERLINE STREET MARKINGS SUM 7.500.00 10.563.00 14.070.00 14.070.00
5b. WHITE EDGE OF ROADWAY LUMP 400.00 per L.S. 310.00 per L.S. 420.00 per L.S. 420.00 per L.S.
JR LANE MARKINGS SUM 400.00 310.00 420.00 420.00
TOP BARS 35.00 each 27.00 each 39.00 each 39.50 each
75 EACH 2.625.00 '2.025.00 2.925.00 2.962.50
5d. ROSSWALKS 100.00 each 85.00 each 81.00 each 81.00 each
10 EACH 1.000.00 850.00 810.00 810.00
5e. CHOOL LOCATIONS 150.00 each 185.00 each 89.00 each 89.50 each
I"ARKINGS 5 EACH 750.00 925.00 445.00 447.50
Sf. INGLE HEAD DIRECTION 45.00 each 45.00 each 48.00 each 47.25 each
RROW MARKINGS 5 EACH 225.00 225.00 240.00 236.25
5g. OUBlE HEAD DIRECTION 70.00 each 60.00 each 94.00 each 95.00 each
RROW MARKINGS 1 EACH 70.00 60.00 94.00 95.00
5h. NLY OIRECTION 75.00 each 80.00 each 74.00 each 75.00 each
~ARKINGS 1 EACH 75.00 80.00 74.00 75.00
GRAND TOTAL: $230.710.00 $235.878.00 $250.178.00 $255.341. 25
Complete all Complete all Complete all Co.plete all
COMMENTS/EXCEPTIONS work within work within work within work within
60 calendar 90 calendar 100 calendar 75 calendar
days. days. days. days.
I
MEMORANDUM
TO: Ted Glas
Director of Purchasing ,(2
THRU: William H. Greenwood ~~~. ~~/~D
Director of Environmental Services
Mark A. Gabriel
Asst. Dir. of Environmental Services/
City Engineer
FROM: George Abou-Jaoude
Dep. Dir. of Environmental Services/
Projects
SUBJECT: 1991 STREET RESURFACING
PROJECT NUMBER 09-07-90DB
DATE: October 16, 1990
Environmental Services/Engineering Division has reviewed the
bids received for the subject project. Based on the review,
it is recommended that the contract be awarded to Pave x
Corporation in the amount of $230,710.00.
Pavex Corporation has won similar bids from the City of
Delray Beach in the past and has proven to be a very
reliable outfit.
SCOPE OF WORK
The work shall include furnishing all material, labor and
equipment for resurfacing streets, and intersections from
the attached street location list and accompanying street
plan.
The work shall include leveling course; the raising or
lowering of manhole covers, inlet grates and gate valves
where required; final surface placement for the full width
of existing road surface, as directed by the Engineer and
replacement of any pavement markings disturbed along with
any new markings required on all streets.
The City of Delray Beach shall have the right to add or
subtract streets from the enclosed list in order to fully
utilize the appropriate budget.
GAJ/gm
cc: file;gaegwoOl
Interoffice memos
Memos to Purchasing Department
M E M 0 RAN DUM
TO: David T. Ha rden, City Man.ger
THROUGH: Robert A. Ba rc ins k i , Assistant City Manaaer/
Ad~inistrative Services
FROMI Ted G1as, Purchasing Officer !/~
DATE: October 16, 1990
SUBJECT: DOCUMENTATION-CITY COMMISSION MEETINC-
OCTOBER _ 1990-BID AWARD-SID .90-88
~QD~~mtg_~1ag~~lk~_~t_egOQ.~_e.~K
It~~_ac!Q~~_~it~_~g~~i~~iQD~
The City Co~~ission is requested to award contract to
low bidder, ARZ Builders, I nc . , in the a~ount of
$14,129. Per the Budget Officer, funding is
fro~: --------------------- ( ------------------------
------------------------------------------------- ) .
a~~kg.r!;;n,ma~
S~QQ~_Q!_~grk
Construction of approxi~ately 1800 lineal feet of 5'
wide concrete sidewalk surrounding Po~pey Park at NW
2nd Street, NW 10th Avenue and NE 3rd Street.
Bids for this project were received on Septe~ber 19.
1990 fro~ nine (9) contractors, all in accordance with
City purchasing procedures. (Bid .90-88. Docu~entation
on file in the Purchasing Office.) A tabulation of
bids is attached for your review.
The low bid was sub~itted by ARZ Builders Inc. in the
a~ount of $14,129. Engineering's esti~ate for this
work is $20,000. ARZ also sub~itted a bid guarantee
bond issued by the International Fidelity Insurance
Cop\pany.
Bg!;;'Q~ogml.tiQD.1
Staff reco~~ends award to low bidder, ARZ Builders.
Inc. in the .p\ount of $14,129. Funding as outlined
above.
e:ttti!;b.~!ilDt~J.
Tabulation of Bids
Reco~~endation fro~ Engineering
pc Mark G.briel
George Abou-J.oude
TABULATION OF BIDS
SEPTEMBER 19, 1990 BID 190-88
CONCRETE SIDEWALKS - POMPEY PARK
ARZ Plaza Smith Bros. L.D. Krezmien Five Star
ITEM EST Builders Construct- Contracting Builders Inc. Construction
_I~DESCRIPTION QTY ion
1. INSTALL 5' WIDE 5.90 / 10.35 / 11.75 / 11.77 / 13.343 /
CONCRETE SIDEWALK 1810 10,679.00 18,733.50 21,267.50 21,303.70 24,150.83
,. THICKNESS L. F.
2. INSTALL 6'
THICKNESS REINFORECED 250 1.80 / 2.60 / 2.65 / 2.46 / 3.50 /
CONCRETE SIDEWALK S.F. 450.00 650.00 662.50 615.00 875.00
3. REMOVE-REPLACE AND
RELOCATE EXISTING 200 15.00 / 8.35 / 6.75 / 9.00 / 6.00 I
FENCE , L. F. 3,000.00 1,670.00 1,350.00 1,800.00 1,200.00
GRAND TOTAL COST $14,129.00 $21,053.50 $23,280.00 $23,718.'0 $26,225.83
COMMENTS/EXCEPTIONS Addendun #1 Addendum #1 Addendum III Addendum III Complete all
acknowledged acknowledg- acknowledged acknowledged work within
Complete all ed. CompletE Complete Complete all 60 calendar
work within all work all work work within days.
45 calendar within 21 within 60 30 calendar
days. calendar calendar days.
days. days.
/
-
I
.
TABULATION OF BIDS
SEPTEMBER 19, 1990 BID '90-88
CONCRETE SIDEWALKS - POMPEY PARK
EST Silas RPM R.W.S. Weekley
ITEM Construction Construction Concrete Asphalt
. OESCRIPTION QTY
-
1. INSTAll 5' WIOE 14.395 /
CONCRETE SIDEWALK 1810 13.25 / 14.50 / 19.61 /
." THICKNESS l.F. 23,982.50 26,054.95 26,245.00 35,494.10
2. INSTAll 6' 5.00 / 7.45 /
THICKNESS REINFORECED 250 3.00 / 3.62 /
CONCRETE SIDEWALK S.F. 750.00 905.00 1,250.00 1,862.50
3. REMOVE-REPLACE AND 12.00 / 9.90 /
RELOCATE EXISTING 200 10.60 / 8.00 /
FENCE l.F. 2,120.00 1,600.00 2,400.00 1,980.00
GRAND TOTAL COST $26,852.50 $28,559.95 $29,895.00 $39,336.60
COMMENTS/EXCEPTIONS Addendum #1 Addendum III Addendum 111 Addendum III
acknowledged ackn'owledgec acknowledg- acknowledged
Complete all Complete all ed. Complete all
work within work within Complete work in 60
60 calendar 30 calendar all work calendar days
days. days. within 60
calendar
days.
"
I -
MEMORANDUH
TO: Ted Glas
Purchasing Director ~
THRU: William H. Greenwood /V~ . /~j;61f6
Director of Environmental Services
FROM: George Abou-Jaoude
Dep. Dir. of Environmental Services/
Projects
SUBJECT: POMPEY PARK SIDEWALK
BID # 90-88
DATE: October 15, 1990
The Environmental Services/Engineering Division has no
problem of awarding this project to ARZ Builders, Inc. The
contractor has previously done work for the City of Delray
and his performance was acceptable. Please include this
item on the next City Commission Agenda.
The Account No. 225-3162-541-61.45 is budgeted at
$19,250.00. The low bidders price is $14, 129.00
GAJ/gm
cc: filejga90880L
Memos to Purchasing Department
~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER Yl0
SUBJECT: AGENDA ITEM # 9~ - MEETING OF OCTOBER 23, 1990
REQUEST FOR MAJOR MODIFICATION AND EXTENSION OF SITE PLAN-
THE GROVES
DATE: October 19, 1990
We received a request for a major site plan modification and extension
of site plan approval for the Groves located south of S.W. 11th Street
between S.W. 8th and 10th Avenues. This modification changes the
character of the development from a 144 unit multiple family townhome
development to a 144 unit two story rental development. The proposal
is to construct nine, two story buildings, each with 16 units. There
are three types of building proposed, Building A is a combination of
two and three bedroom units (870 square feet and 1,047 square feet) ;
Building B is all two bedroom units (870 square feet); and Building C
is a combination of one and two bedroom units (640 square feet and 870
square feet). It should be noted that under the new Land Development
Regulations the minimum square footage for one bedroom units is 800
square feet; two bedroom units, 900 square feetj and three bedroom
units 1,150 square feet.
This site is located within a former enclave which does not have full
service, 1. e. roads, water, sewer, to it. Due to many circumstances
this property has yet to be totally developed. A portion of the site,
Bessie Street extended, was previously approved for a townhome
project. Only one building has been constructed. The site plan on
record for this parcel expires in January 1991.
At their October 15th meeting the Planning and Zoning Board
recommended denial of the site plan modification by a 3-2 vote (Currie
and Park assenting/ Naron and FeIner abstaining). At that time the
Board did not formally consider the attendant site plan extension
request since the modification was recommended for denial. There was
significant opposition to the proposed site plan from residents of the
Woods of Southridge subdivision which borders The Groves on the south
and east. The focus of the opposition was the change in the type of
housing unit, smaller units, and inclusion of one bedroom units.
Should the Commission approve the requested modification,
consideration should also be given to granting an extension to the
site plan as well. If the Commission does not approve the
modification, then the extension should be denied. A detailed staff
report is attached as background material for this item.
..
,
,
C I T Y COM MIS S ION DOC U MEN TAT ION
TO, ~ERYL,LEVER~TT, ADM~NISTRATIVE ASSISTANT III
~~~j ~V CW6
FROM: DAVID J. KOVACS, DIRECToR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 23, 1990
MAJOR SITE PLAN MODIFICATION, THE GROVES
AND EXTENSION OF A PREVIOUS APPROVAL
ACTION REQUESTED OF THE COMMISSION:
There are two actions before the City Commission.
One action requested of the City Commission is that of
approval of a major modification to a previously approved
site plan.
The other action requested of the City Commission is that of
granting an extension to the previously approved site plan.
Both actions are being taken under the pre-LDR development
regulations i.e. Chapter 173 of the zoning code.
The project is The Groves. It is located on 12
acres of land on the north side of Linton Boulevard at S.W.
10th Avenue extended. It is bordered on two sides by the
Woods of Southridge.
The modification involves a change in the type of unit, and
internal site redesign. There is only one additional unit
being requested.
BACKGROUND:
This site is located within a former enclave which does not have
full services (road, water, sewer) to it. Due to many
circumstances this remaining property has yet to have been
totally developed. A portion of the site was previously approved
for a townhome project of which only one building was constructed
(Bessie Street extended). There have been several development
proposals for the property previous to this consideration. There
is an approved site plan record. It provides for 144 multiple
family units involving townhomes. It was approved in July, 1989
and its 18 month initial approval will expire in January, 1991.
o,A
I
City Commission Documentation
Meeting of Octer 23, 1990
Major Site Plan Modification, The Groves
and Extension of a Previous Approval
Page 2
Please refer to the staff report for a more complete description
of the project's history and background.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at it's
meeting of October 15, 1990. There was significant opposition to
the proposed site plan from residents of the Woods of Southridge
subdivision which borders The Groves on the south and east. The
focus of the opposition was upon the change in the type of
housing unit (from homeownership to rental, smaller units, and
inclusion of one bedroom units) and a resulting incompatibility
of the proposed product with existing development to the south
and east.
The Planning and Zoning Board felt that the proposed site plan
did present such an incompatibility and would have a significant
adverse impact upon existing development and forwarded it with a
recommendation of denial on a 3-2 vote (Krall, Beer, Purdo
affirmative; Currie, Parker opposed; Naron, FeIner abstaining).
The opinion of the majority was based upon the change in housing
type i.e. small units and change from homeownership to rental.
As a part of the discussion it was noted that the City Commission
had previously corresponded to the Florida Housing Finance Agency
that the issuance of tax credits for a 100% low income housing
project was inconsistent with our adopted local Comprehensive
Plan. However, the Board confined its findings to the site plan
and provisions of 173.867 "Standards for Evaluating Site and
Development Plans".
The Planning and Zoning Board did not formally consider the
attendant site plan extension request since the modification was
recommended for denial. If the Commission approves the requested
modification, consideration should be given to granting an
extension to the previously approved site plan, as now modified,
for an eighteen (18) month period commencing upon the date of
City Commission action on the site plan modification.
If the Commission does not approve the modification, the
extension should be denied and the previous approval should
lapse.
A
City Commission Documentation
Meeting of Octer 23, 1990
Major Site Plan Modification, The Groves
and Extension of a Previous Approval
Page 3
RECOMMENDED ACTION:
By motion, denial of the proposed site plan modification to
accommodate The Groves rental project pursuant to the findings as
provided by the Planning and Zoning Board to wit: that the
proposed site plan presents an incompatibility and would have a
significant adverse impact upon existing development in violation
of Standard "J" of Section 173.867; and, upon a finding that
approval of the project as a 100% low income rental project would
be inconsistent with provisions of the Housing Element of the
adopted local Comprehensive Plan - specifically C-4.2 and C-4.4,
and with provisions of the Land Use Element - specifically D-l.l
and D-l.3; and further that approval of a development order for
the proposed project which is deemed inconsistent with an adopted
local Plan is prohibited from being granted pursuant to the
Florida Growth Management Act.
Attachment:
* P&Z Staff Report & Documentation of October 15, 1990
DJK/#73/CCGROVES.TXT
.
\
,1 '
I
r--'-I1'~j\J.J.. j'-.Jl.J ~ LUNING BOARD
CITY OF OELRAY BEACH
--- STAFF REPORT
---
MEETING DATE: OCTOBER 15. 1990
AGENDA ITEM: V.B.
ITEM: SITE AND DEVELOPMENT PLAN, THE GROVES, 145 UNIT APARTMENT PROJECT, S.W. 10TH AVENUE
EXTENDED (RESUBMITTAL AND,SITE PLAN EXTENSION REQUEST.
HI", J(H .... ., 649 " .
.. .,.... '" ... .., P82 . 10 I~ ,
.. ......,
~.
..a..a.. ._
AU~I( Elf THIRD AOO -,'
821 PG63 .
. . ,/
.
3ENERAL DATA:
Owner...........................Roger Boos and Glen Haggerty
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Same as above
Locatlon........................South of Southwest 11th Street
between Southwest 8th Avenue and
Southwest.10th Avenue
Property Size...................12.09 Acres
".
City Land Use Plan..............Residential H&diu. Density 5-12
Units/Acre
City Zoning.....................RH (Hediua High to High Density)
in part and AM-IS (Multiple
Family Dwelling District) in part
Adjacent Zoning.................North, East, and South of the
Subject property are zoned R-lA
(Single Faaily DwellIng
District) . West is CF (Community
Facilities), sc (Specialized
Commercial), and R-1A.
Existing Land Use...............Vacant land and nursury
Proposed Land Use...............Hultiple faaily rental units
Water Service...................To be provided by extentlon of
10" water lllain along east side of
Germantown Road, and extentlon of
6" main along portion of
Southwest 10th Avenue.
Sewer Service...................To be provided by an on-site ITEM: V.B.
gravity syste. which will empty
into a lift station located on
the property in the proximity of
Bessie Street.
.
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation for
the Site and Development Plan for the Groves of Delray, and that
of making a recommendation to the City Commission of whether or
not to grant an extension for the previously approved site plan.
The site is located north of Linton Boulevard, east of S.W. 10th
Avenue extended, south of S. w. 11th Street and west of S. W. 8th
Avenue, and contains 12.09 acres.
BACKGROUND:
This site has an extensive development history which is outlined
in the July 17, 1989 staff report for the Groves of Delray site
and development plan request. That report is available upon
request from the Planning and Zoning Department.
A summary of the more recent history is as follows: A request to
construct 166 townhouse units was submitted in April 1988. This
development proposal was rejected in that right-of-way
dedications for the continuation of S.W. 10th Avenue were not
provided. After resolution of the right-of-way issue, additional
submittals were reviewed by staff and the Board at workshop
meetings. With the resubmittals, density concerns resulted in a
reduction in intensity from 166 units to 144 units.
The site plan was considered for formal action by the Planning
and Zoning Board at its October 17, 1988 meeting at which time
the applicant requested a postponement to redesign the project
based on the Board's comments. A postponement was granted and
the Board considered the request on April 17, 1989, and again on
July 17, 1989 at which time they recommended approval subject to
many conditions. The City Commission approved the site plan on
July 25, 1989. No further action or fulfillment of these
conditions has been undertaken.
Ownership principals were then changed and a request was received
to change the site layout and unit type from owner occupied
townhouses to flat over flat rental units. Due to the lengthy
review history of the site, the applicant requested a sketch plan
review at the Planning and Zoning Board meeting May 25, 1990 to
identify staff concerns early in the development review process.
Through the review process many concerns were identified such as:
1- Numerous dead-end conditions
2. The fire lane was proposed in the right-Of-way for S.W. 10th
Avenue.
4. The design of the entry was directly aligned with an
extension of Bessie Street instead of relating to the
I
P&Z Staff Report
The Groves of Delray
Page 2
internal road system f or the Groves. It was noted that a
different design would require negotiation with the Bessie
townhouse residents.
4. Dedication of 25' of right-of-way for S. W. 10th and lIth
Streets and accommodation of a proper terminus for
Strickland Road.
5. The development proposal incorporated current right-of-ways
of S. W. 12th street a portion of Strickland Road, and an
ingress/egress easement on the Linton Plat which needed to
be abandoned.
6. Water and sewer plans were not adequately designed.
The Applicant accommodated most of the comments and concerns that
the Board had. The Sketch P Ian was approved with conditions at
the May 24th, 1990 Planning and Zoning Board meeting.
On July 2, 1990, the Florida Housing Finance Agency received an
application for Low-Income Rental Housing Tax Credits f rom The
Groves of Delray and requested comments from the City. The
request was heard at the July 24th, 1990 City Commission meeting.
The Commission determined that the allocation of tax credits for
this project would be inconsistent with the City's adopted
Comprehensive Plan. At this time, no comments have been received
by the City from the Florida Housing Finance Agency.
The Site and Development plans were submitted for formal review
on August 3rd with the comments addressed from the approved
sketch plan, however staff still had some concerns with the
layout of the site plan with regards to the dead-end conditions,
and C.A.B (Community Appearance Board) comments. The Site plan
was revised and resubmitted on September 26th, 1990 and is now
before you for formal action.
PROJECT DESCRIPTION:
The current development proposal is to construct 144 rental units
to be located in 9-two story buildings. The general layout is one
in which the units are located towards the interior of the site
with the parking to the perimeter along the property lines. The
main entrance is located off of S.W. 10th Avenue with a 24'
ingress lane and a 24' egress lane divided by a median where a
guardhouse is located. A secondary emergency access is provided
at Bessie Street with a knox-box and gate. The development is
totally surrounded with a 6 ' wall and fence creating a secured
community. The amenity package includes a recreation building
with a maintenance facility, managers office and laundry
facility, a tot lot, pool and tennis court.
All of the proposed buildings contain 16 units. There are 3
building types proposed, Building A is a combination of 2 and 3
bedroom units, Building B is all 2 bedroom units and Building C
,
P&Z Staff Report
The Groves of Delray
Page 3
is a combination of 1 and 2 bedroom units. The 1 bedrooms are
640 sq. ft. , the 2 bedrooms are 870 sq. ft. and the 3 bedrooms
are 1,047 sq. ft. .
Under the new LDR'S the minimum square footage would be: 1
bedroom - 800 sq. ft. ; 2 bedroom - 900 sq. ft. and 3 bedroom -
1,150 sq. ft..
SITE PLAN ANALYSIS:
The site plan has been reviewed using the criteria outlined in
Section 173.867 "Standards for Evaluating Site and Development
Plan Applications". The revised site plan of September 26, 1990
is the basis of this review.
Standard A (sufficiency of materials)
This standard has been met with an acceptable submittal.
Standard B (impact of the proposed use)
The development proposal presently abuts vacant property to the
west, however there is an approved site plan for an automobi Ie
dealership to the west and single family uses (R-1A) exist to the
north, east and south. The density of the rental development is
a good transition and buffer between the proposed commercial
development and the single-family development. Buffering via the
proposed perimeter walls in conjunction with a proposed 30"-36"
hedge and perimeter trees help mitigate impacts of the project on
residential uses to the east.
Standard C (ingress and egress)
Ingress and egress to the development is via an entry from S.W.
10th Avenue. A 52' ingress/egress easement is proposed for two
lanes in and two lanes out divided by an 8' median which widens
out to accommodate a guardhouse. A card entrance gate will be
provided for total security.
The development plan provides a 25' dedication for S. W. 11th
Street and S.W. 10th Avenue. S.W. 10th Avenue will be improved by
this development from Linton Boulevard to the just north of the
entrance. The balance of S.W. 10th Avenue to S.W. 1lth Street,
cannot be improved at this time because adequate right-of-way
does not exist. The developer will be required to bond the cost
of improving the roadway to City Standards.
Since a dead end condition will be created north of the entrance,
a T-turn around area on S.W. 10th Avenue just north of the entry
will be necessary.
The six townhouse units located west of Bessie Street are owned
fee simple. These six units were part of a proposed 46 townhouse
development (Linton Forest) approved in September 1982, when the
P&Z Staff Report
The Groves of Delray
Page 4
property was in the County. The original developer only finished
6 units before defaulting on the mortgage. The development upon
completion, would have had access from S.W. lOth Avenue. Interim
access was provided to the six units via Bessie Street to the
east thus utilizing the road system in the Woods of South Ridge.
The Developer of The Groves has indicated if necessary that they
would grant an ingress/egress easement through The Groves and
dedicate it by plat. As currently shown on the site plan Bessie
Street is proposed to be closed off with only an emergency exit
with a knox-box and gate. The Bessie Townhomes would still have
access to the east on Bessie Street.
With the construction of The Groves, the six Bessie Townhouse
units must be provided access to a public street. There has been
some confusion as to the ingress/egress of these six units. The
Woods of South Ridge have indicated that they do not want the six
townhome owners utilizing their subdivision.
The subject property will be required to be replatted for the
following reasons:
1- Dedication of 25' of right-of-way for S.W. 10th Street.
2. Dedication of 25' of right-of-way for S.W. 11th Street.
3. Dedication of 5' of right-of-way for Strickland Road and the
right-of-way to accommodate a cul-de-sac at the terminus of
Strickland Road.
4. The abandonment of existing right-of-ways and Linton Forest
Ingress/egress easement.
5. The property being utilized for the Bessie Townhome parking
lot will need to be deeded from the Groves to the
Homeowners.
As a result of the platting the additional items will need to be
addressed:
1- Developer will be required to Bond the improvement cost for
S. W. 10th street for the portion north of the entrance to
S.W. 11th Street.
2. Per Comprehensive Policy D-l.1 under the Traffic Element,
all new development shall provide for the installation of
sidewalks. 5' sidewalks are required along S.W. 10th Avenue
and S.W. 11th Street.
.
P&Z Staff Report
The Groves of Delray
Page 5
3. Sod and irrigation is required from the property line to the
edge of pavement for all public streets or bond that portion
which is to be improved at a later date.
4. Maintenance agreement with the Woods of South Ridge for the
installation and maintenance of the proposed hedge, between
the two developments.
Standard D (off-street parking)
Pursuant to Section 173.773 (2 ) (c) the proposed 144 rental units
require 276 parking spaces and 72 guest parking spaces for a
total of 348 required parking spaces. A total of 348 are
provided. The Bessie Townhomes currently utilize existing
parking developed as part of the common area of the now de funct
Linton Forest development. As the Bank foreclosed on the balance
of the Linton Forest Development including this common area, the
existing parking area is owned by The Groves of Delray
development. The Groves will provide the required 15 parking
spaces needed for the Bessie Townhomes, upgrade the parking lot
and install the required landscaping. This parcel of land will
be deeded to the Bessie Townhomes, thus no longer being a part of
the Groves.
Standard E (screens and buffers)
The development is proposing a combination 6' solid CBS wall and
a chain link fence around the entire development. The CBS wall
is located along S.W. 10th Street and adjacent to the property
along the Woods of South Ridge. The SPRAB required that along
with the chain link fence that a solid hedge be installed.
Pursuant to Section 152.29 and 152.30, one tree per every 40' on
center is proposed between the right-of-ways and off-street
parking. This landscaping in addition to the wall and fence
perimeter treatment, helps to buffer and screen the adjacent
properties.
Standard F (drainage)
Drainage is proposed via inverted crown of roads and catch basins
which are connected to a storm sewer system which is ultimately
connected to the City's system at Linton Boulevard. It will be
the applicants responsibility for the construction of the line
from the Groves to Linton Boulevard.
Standard G (sanitary sewer)
Sewer service will be provided via a gravity system which flows
into an existing lift station at the east edge of the development
south of Bessie townhomes. The Utility Department has identified
the need to upgrade the on-site lift station and the next lift
station downstream to accommodate the sewage flows from this
development.
P&Z Staff Report
The Groves of Delray
Page 6
Sewer mains are required to be constructed in the right-of-way
via Strickland Road. The installation can be made at the time
Strickland is improved.
Standard H (Utilities)
Water service is proposed via an 8" extension from the existing
10" water main located along the east side of Germantown Road.
The system then provides an internal loop and connects with the
existing 8" water main at Bill Wallace Dodge.
The water plan indicates that 6 fire hydrants are proposed and
located throughout the development for adequate fire suppression.
Standard I (recreation and open space)
The amenity package includes a recreation facility which is part
of the overall clubhouse, a 20'x 35' pool, tot lot and tennis
court. Open space which can be utilized for passive activities
is provided between buildings.
Standard ( J) (Site development deals with overall impact of the
site development)
From a zoning standpoint, the higher density residential use
buffers and acts as a transition zone between the single family
residences and the commercial use to the west.
The applicant has requested from the Florida Housing Finance
Agency to qualify for tax credi ts , if approved this development
could be considered a low income housing project, which would not
be compatible with surrounding areas and could create the cause
for substantial depreciation of property values.
REVIEW BY OTHERS:
Community Appearance Board:
The C.A.B's preliminary review of this project was August 22,
1990. The Board had the same concerns that the Planning and
Zoning Board had at their workshop. Through extensive work with
staff, a revised plan which addressed the major concerns was
presented to the new SPRAB Board on October 10, 1990. The plans
were approved with the following conditions: dumpster gates to
be shadow box fence or a decorative metal fence; that all the
staff comments regarding landscaping to be incorporated into the
plans, and are attached as conditions of this approval.
TECHNICAL REVIEW ITEMS:
1. The subject property is required to be replatted.
I
P&Z Staff Report
The Groves of Delray
Page 7
2. The project will have to provide construction of the roadway
for S.W. 10th Avenue to Linton Boulevard. Plans should so
note.
3. Manholes on the north side (S.W. 11th street) must be
stubbed out to the north for future connection.
4. The lift stations will need to be upgraded to meet Utility
Department Standards.
5. Install a new valve at the connection to Bessie Street.
6. Install one isolation valve at the Tee connection, north of
Building "A".
7. Check all fire hydrants for proper height. Where a curb is
present or parking island exists, the fire hydrant may have
to be 6" higher.
8. Install an isolation valve at fire hydrant #2.
9. Indicate the swimming pool setback distance. It cannot be
located less than 15' from the street right-of-way line.
10. Show all building setback distances. A minimum distance of
25' is required for all buildings to the access road (when
platted the access road becomes an ingress/egress easement).
LANDSCAPE REVIEW ITEMS:
1. Although some of the existing Slash Pines are scheduled to
be saved, it appears that additional pines could be saved on
the property.
2. Provide proper turning radii on all landscape islands.
3. Ground cover around the foundation of the 1 & 2 bedroom unit
on sheet 3 of 6 seems to have been omitted. Please specify.
4. The dumpster on the S.E. corner of the property has not been
screened.
5. Landscaping is shown off site on the Woods of South Ridge
property. Please clarify who will be responsible for the
maintenance. A separate maintenance agreement may be
necessary.
6. Per 159.27(0) provide a note that irrigation will be a
source other than City water.
7. Per 159.29(B) provide sod and irrigation to the edge of
pavement adjacent to all rights-of-way.
P&Z Staff Report
The Groves of Delray
Page 8
8. Per 159.29(A)(2) a hedge or wall shall be placed along the
interior perimeter of the required landscape strip adjacent
to public rights-of-way.
9. Per 159.30 a landscape barrier, preferable a hedge, shall be
planted within the required landscape strip between the
off-street parking area or other vehicular use area and the
abutting property.
10. The SPRAB should be made aware of the fact that the
applicant is proposing a chain-link fence along all property
boundaries except for S.W. 10th Avenue, where a C.B.S. wall
is specified.
ASSESSMENT:
Prior to this development moving forward, the subject property is
required to be platted. The plat will address major items such
as easement locations, access and right-of-way dedications,
abandonment of easements and off-site improvements.
The subject property has been before the Board on numerous
occasions, and through the extensive review process, the site and
development proposal before you has now addressed most of the
concerns which the Board members may have had in the past.
In general the layout of the site plan provides for the health,
safety and welfare of its residences, by providing a safe traffic
flow pattern, an amenity package and a totally secured
development.
At the Boards Discretion, it will be necessary to determine if
the site plan will be compatible and harmonious with adjacent and
nearby properties and the City as a whole, so as not to cause
substantial depreciation of property values.
ALTERNATIVE ACTIONS:
1- Continue with direction and concurrence.
2. Recommend denial based upon an inability to make a positive
finding pursuant to Section 173.867 "Standards for
Evaluating Site and Development Plan Applications" for
Standard J.
3. Recommend approval for the Site and Development plan for The
Groves of Delray with positive findings with respect to
consistency with Section 173.867 "Standards for evaluating
Site and Development Plan Applications with conditions.
I
P&Z Staff Report
The Groves of Delray
Page 9
RECOMMENDED ACTIONS:
By separate motions:
l. Recommend approval for The Groves Of Delray with positive
findings with respect to consistency with Section 173.867
"Standards for Evaluating Site and Development Applications"
with the conditions setforth below:
a. The subject property is required to be replatted.
b. As a result of platting, all off-site improvements,
(ie: water, sewer, roads, etc. ) to service this site
shall be required.
b. Technical Review Items 1-10 be incorporated in the
plans.
c. Landscape Review Items 1-10 be incorporated in the
plans.
2. Recommend approval for the extension of the previously
approved Site and Development plan. The extension shall be
valid for 18 months after City Commission approval.
REF:A:GROVES3.TXT/#4
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM - MEETING OF OCTOBER 23 1990
REQUEST FOR MODIFICATION AND EXTENSION OF SITE PLAN
DATE: October 19, 1990
We received a request for major modification and extension of site
plan approval for Delray Bay located west of Homewood Boulevard, south
of Linton Boulevard and north of Germantm.m Road. The proposed
modification increases the density of this project from a 222 unit
multi-family developmentto R 252 unit multi-family development. The
development proposal is to construct 252 luxury rental units
consisting of 36 one bedroom units; 48 one bedroom units with a den;
132 two bedroom units; 24 two bedroom units with a den; and 12 three
bedroom units. The development contains 11, three story buildings
located around the lake and west property line. The recreation
package includes a clubhouse, pool, sand volleyball, caged driving
range, putting green, tennis court and two tot lots. Access is
proposed via separate entries from Linton Boulevard and Germantown
Road.
Due to many circumstances, this tract has yet to be developed. The
current site plan approval expires in February 1991. The developer
feels that the previously approved site plan presents a project which
is not competitive in today's market, and thus is requesting this
action.
At their October 15th meeting, the Planning and Zoning Board
recommended approval of the site plan modification subject to
conditions. There was significant opposition to the proposed site
plan from the Crosswinds Association and the Southwinds Condo
Association. The focus of the opposition was the increase in unit
count, the change in the type of housing unit, and incompatibility of
the proposed product with existing development constructed under the
original Crosswinds PRD. Additionally, they recommended approval of
the request for site plan extension for an 18 month period contingent
upon approval of the site plan modification.
Because this request may or may not be approved, the submittal
consists of a site plan without attendant preliminary engineering
plans and landscape plans. If approved, a more detailed plan will be
submitted and processed. A detailed staff report is attached as
background material for this item.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO, ~~RYL LEVERETT. ADMINISTRATIVE ASSISTANT III
l"-.---' O_,_~, ~ j "~'-[''-
FROM:- DAVID J. KOVACSr DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 23, 1990
MAJOR SITE PLAN MODIFICATION, DELRAY BAY APARTMENTS
AND EXTENSION OF A PREVIOUS APPROVAL
ACTION REQUESTED OF THE COMMISSION:
There are two actions before the City Commission.
One action requested of the City Commission is that of
approval of a major modification to a previously approved
site plan.
The other action requested of the City Commission is that of
granting an extension to the previously approved site plan.
Both actions are being taken under the pre-LDR development
regulations i. e. Chapter 173 of the zoning code.
The project is Delray Bay Apartments. It is located on 14
acres of land on the south side of Linton Boulevard between
Crosswinds and Spanish Wells.
The modification involves a change in the type of unit, an
increase of thirty (30) units, and internal site redesign.
Because the request may, or may not, be approvedr the
submittal consists only of a site plan without attendant
preliminary engineering plans and landscape plans. If
approved, the more detailed plans will be submitted and
processed.
BACKGROUND:
This site is located within the overall Crosswinds PRD. Due to
many circumstances this remaining tract has yet to be developed.
There have been three development proposals for it previous to
this consideration. There is an approved site plan of record.
It provides for 222 multiple family units involving flats and
townhomes. It was approved in 1989 and its 18 month initial
approval will expire in February, 1991.
~~
City Commission Documentation
Meeting of October 23, 1990
Major Site Plan Modification, Delray Bay Apartments
& Extension of a Previous Approval
Page 2
The owner of the property feels that the previously approved site
plan presents a project which is not competitive in today's
market. The proposed amendment presents a project which they
feel meets today's market.
Please refer to the staff report for a more complete description
of these items.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board first formally reviewed this item
at it's meeting of September 17, 1990, and was inclined to deny
the site plan before them due to the need for waivers and
variances. A continuance was granted and a redesigned site planr
which complies with technical requirements of the development
regulations was submitted. The revised site plan was then
considered by the Board on October 15, 1990.
There was significant opposition to the proposed site plan from
the Crosswinds Association and the Southwinds Condo Association
(both are part of the original PRD). The focus of the opposition
was upon the increase in unit count, the change in the type of
housing unit, and incompatibility of the proposed product with a
the existing development of the original Crosswinds PRD.
The Planning and Zoning Board felt that the proposed site plan
did not present an incompatibility nor significant adverse impact
upon existing development and forwarded it with a recommendation
of approval on a unanimous (7-0) vote but subject to the
following comments and conditions:
* That ninety (90) guest parking spaces be constructed
with stabilized base and sod and without wheel stops.
* That the fee for a major site plan modification be
paid prior to City Commission action.
* That a full site plan submission be submitted for
review and action by the Planning and Zoning Board
(Architectural Elevations and the final landscape plan
will also require approval from the SPRAB). Said plans
to comply with technical items identified in the P&Z
Staff Report and subject to modification pursuant to
Board comments.
* That it is noted the allowed unit remains vested only
with respect to the previously approved status of the
site plan and that if the revised site plan is not
"established" pursuant to 173.868(A) any subsequent
plan will need to fully comply with provisions of the
adopted Comprehensive Plan and LDRs.
City Commission Documentation
Meeting of October 23, 1990
Major Site Plan Modification, Delray Bay Apartments
& Extension of a Previous Approval
Page 3
The Planning and Zoning Board also recommended that the
previously approved site plan, as now modified, be granted an
extension of approval for an eighteen ( 18) month period
commencing upon the date of City Commission action on the site
plan modification.
RECOMMENDED ACTION:
By motion, approval of the proposed site plan modification for
the Delray Bay Apartments project pursuant to the findingsr
comments, and conditions as provided by the Planning and Zoning
Board and approval of an eighteen month extension to the
previously approved site plan, as now modified, with expiration
of approval to be April 23, 1992.
Attachment:
'* P&Z Staff Report & Documentation of October 15, 1990
DJK/#73/CCDRBAY.TXT
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:1
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PLANN'I NG B ZONING BOARD STAFF REPORT
- -- - --
CITY OF OELRAY BEACH
=ETING o:tTE: OCTOBER 15. 1990
AGEtO=I ITEM: V,A.
DELRAY BAY APARTMENTS, MAJOR MODIFICATION, ADDITION OF UNITS AND SITE REDESIGN
ITEM: (FORMERLY CROSSWINDS, OFF LINTON BOULEVARD), AND, SITE PLAN EXTENSION REQUEST.
. . . . ' . . .
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3E=~ fERAL DATA: .
O\..lner....................Cclcay Bay Partncrs
Agent...... ... ..... .... ..Gary Jahraus. Celray Bay Partners
Location.. .............. .L~catcd ~cst of 1I~r-':'....oC'1 B 1-;1 . . south of
LInton Slvd. an1 n':lrth of Germantown Rd.
Property Size............14.211 Acres
City Land Use Plan.......Rcsidential - t1ediwn Density 5-12
du/acre
Existing Zoning......... .FPD-IO lPlanned Residential Development
D1.strictl
Proposed Zoning lLDR'sl..FRD lPlanned Residential Dcvelo~ment
Districtl
Adjacent Zoning......... .1I':lrth cf thO! s'Jbj~ct prc~erty is zoned
PII- 10 lllultif'le-farTli Iy C-..ellin?
District!. South is zonc1 R-l:'''''
ISln1Le-ra~il. ~"'ellin1 Districtl. East
is zcn~1 FPO-10. \.Ot'st is z ::-nc1 P11-l0
anoj APT "'1 r i C 'J It u r .\ 1 Residential
Tran5itional Oistrlctl.
Existing Land Use....... .Vacant Land
Proposed Land Use........ 2'52 II'JltipLe-rami If C-..e111ng Units
\~ ate r Service...... ..... .fr0Vi1~-j vi~ ~~nn~~ti':)ns to the existing
8" ...!.\ t err") ins Ic=~t~1 \..Iithin Crcsswlnds
Fhase I , north an1 south of the La~.e
Tract.
SC~lcr Service........... .Frovid~d via connt'~tions to the existln1
8" s':....c r ,..,3 i ns ]c~at~1 within Crosswinds
Fh~<;,: [ . n-::-rth ;\n1 south of thc l/lY.e
Tr~-:t. lh'! r""ins drain into ] if t ! r
stati-cn ., 1:', L1 f t st/ltion ur~T;\1;nn ~~v
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ITEM BEFORE THE BOARD:
There are two actions before the Board. The first action
before the Board is that of making a recommendation to the
City Commission on a Modified Site and Development plan for
The Delray Bay (252 unit) rental Apartments. The site is
located on the south side of Linton Boulevard, west of
Homewood Boulevard.
The Second action is that of extending the site and
development plan approval for 18 months after City
Commission approval.
BACKGROUND:
At the Planning and Zoning Board meeting of September 17th,
the Applicant received a continuance of their application in
order to redesign the site and incorporate the comments from
staff and the Board. A revised site plan was submitted on
October 1, and is the basis of this review.
Attached for your review is the Staff Report which details
in depth the history of the project and the major issues
regarding the density and the numerous reliefs and waivers ~ ,
which were requested.
PROJECT DESCRIPTION:
The project description consist of the same elements as
before, except for the following: the reconfiguration of the
internal road system to create a separate ingress/egress
easement which in turn shifted the buildings and parking
areas; elimination of a tot lot and the addition of a
jogging trail
It will be at the Board's discretion to determine whether or
not the revised modified site plan meets the intent of the
Code under Section 173.297 "Development Plan to Preserve
Certain Aesthetic Standards", which is attached for your
review.
The following items which were of a concern before have been
addressed as follows:
1. Density - The revised modified site plan is still for 252
units. Per the City Attorney Memo, the remaining acreage of
the project is being processed in accordance within the
intent of the original PRD-IO Ordinance and the approved
initial Master Plan.
I
P&Z Staff Report
Delray Bay Apartments
Page 2
2. To grant Administrative Relief for the back-out parking
onto a "through street" has now been eliminated and a
loop road has been incorporated into the plan.
3. To allow the required 0.5 guest parking spaces (126) to
be constructed with stabilized base and sod. The
applicant is now requesting that only 90 spaces of the
126 be constructed of stabilized base and sod.
4. To allow the elimination of wheel stops for the 90 sod
spaces is still a request.
5. To allow garages in the setbacks. The garages have
been relocated so as not to back out onto to
ingress/egress easement, therefore no variance is
necessary.
6. To grant a variance for the elimination of one loading
bay. The site plan now incorporates 3 loading bays.
Through the reconfiguration process, the parking area
provided for Buildings 9-11 is insufficient for the amount of
units that will be utilizing this area.
TECHNICAL REVIEW ITEMS:
1. A full Site Plan submission is required.
2. The five drive intersection off Linton Boulevard is not
geometrically acceptable.
3. Provide Replat to cover utility easements relocations
and ingress/egress drive.
4. At the reverse curve of main ingress/egress drive the
two parking lot drives that access onto this drive have
sight distance problems created because of the parking
to the east and west.
5. Per Section 173.869(E)(lO)(a)(9), applicant shall indicate
the total square footage of parking and street area.
6. Per Section 173.869(F), applicant shall submit a landscape
plan, drawn in conformance with the requirements and
criteria of the Site Plan Review and Appearance Board and
the landscape ordinance.
7 . Applicant must provide plans showing proposed off-site
improvements to the existing medians that will be altered as
a result of the planned entry into the development from
Linton Boulevard.
.
P&Z Staff Report
Delray Bay Apartments
Page 3
As a condition of approval, applicant must agree to restore
and add to the landscaping in the medians as deemed
necessary by the City and make repairs to the irrigation
system as needed. Any vegtation that may decline due to a
lack of irrigation as a result of disruption of the service
shall be the responsibility of the applicant to replace.
ASSESSMENT:
In general the site plan works functionally, and meets code
by providing the required open space, however, no usable
open space is available on the site. Thus, the same
conclusion can be made as before, the unit count combined
with the selected housing type dictates a site plan
configuration which does not measure up to the Standards
set forth for PRD developments (173.297) and Standard D,
Off-Street Parking under Section 173.867 "Standards for
Evaluating Site and Development Plan Applications".
The revised modified site plan did however, eliminate staff's
major concern regarding the "back out parking on a through
street", thus creating a separate ingress/egress easement.
ALTERNATIVE ACTION:
1. Continue with direction and concurrence.
2 . Recommend denial of the site plan for failure to make a
positive finding with respect to Standard B (Density) and
Standard D (Off-street parking) under Section 173.867
"Standards for Evaluating Site and Development Plan
Applications", and a failure to make a finding of compliance
with the provisions of Section 173.297.
3. Recommend approval of the Site Plan upon positive
findings for the sections which apply under Section
173.867 "Standards for Evaluating Site and Development
Plan Applications" with conditions.
a. To allow the 90 guest parking spaces to be constructed
with stabilized base and sod and the elimination of
wheel stops.
b. That the proper fees for a major site plan
modification be paid prior to City Commission
Action.
c. The extension of the Site and Development approval
shall be valid for 18 months after City Commission
approval.
,
P&Z Staff Report
Delray Bay Apartments
Page 4
d. That the items listed under Technical Review be
incorporated into the plans.
e. A full Site Plan submission is required.
RECOMMENDED ACTION:
Board's discretion to make recommendation. Staff does not have an
opinion due to partial submittal.
Attachments:
* Code Section 173.297
* Staff Report of September 17, 1990
REF:#4/A:Delbay5.txt
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95 DBLRAY BBACH 10NING COOS S 173.298
, ( 2) Attached garages shall be preservation of scenic features and a~1 !s
/
placed contiguous to the side property line of the site.
on which the principal structure is located.
provided the su~ of the two required side ( B) The development plan shall foster
setbacks exist on the opposite side property harmony with existing or proposed development
line. If the party wall is extended, in areas surrounding the site.
however, all accessory buildings, ( '80 Code, S 30-8. 3( R) ( 1) ) ( Ord. , passed
structures, or uses may be placed contiguous 4-1-80) Penalty, see S 173.999
to this wall.
( . 80 Code, S 30 - 8. 3 ( R) ( 8) ) ~ 173.298 DESIGN STANDARDS.
( D) Swinuning pools. Swiuuning pools, The following design standards apply in
the tops of which are no higher than grade the PRO 10 District:
level, may extend into the setback area but
not closer than ten feet to any rear or side (A) Building design standards.
property line, nor closer than 15 feet to
any street right-of-way line. Al though ( 1) Buildings in the layout shall be
swimming pools may extend into setback an integral part of the development, and have
areas, under no circumstances shall a convenient access to and from adjacent uses
screened or other pool enclosures be and blocks.
permitted to encroach into such setback
areas. ( , 80 Code, S 30-8. 3( R) ( 9)) ( 2) In multiple-family developments,
the individual buildings shall be related to
( E) Frontage on curving streets and each other in designr masses, materials,
cul-de-sacs. On curving streets and cul-de- placement, and connections, so as to provide
sacs, the required frontages of lots may be visually and physically integrated
reduced by 40\, provided the center line developments. Treatment of the sides and rear
radius of the adjacent street is 100 feet or of buildings shall be comparable in amenity
less. ( , 80 Code, S 30-8. 3( R) ( 10)) and appearance to the treatment given to
street frontages.
( F) screened enclosures. In zero lot
line developments only, screened enclosures ( 3) All buildings shall be orienrAd
may extend into the interior side setback so as to insure adequate light and air
areas, but shall not extend closer than five exposures to the rooms within.
feet from the property line, or exceed 35'
of the net living area, exclusive of ( 4) Layouts and buildings shall be
garages, balconies, decks, porches, and arranged so as to be accessible to emergency
common areas such as corridors. ( . 80 Code, vehicles.
S 30-8. 3( R) ( 11) )
( 5) Where "T" cul-de-sacs are usedr
( G) For provisions concerning the a maxillu~ of three duplexes may be employed,
projection of roof eaves in zero lot line provided they comply with the building
developments, see S 173.030(5). setback requirements for zero lot line
( Ord. , passed 4-1-80) Penalty. see detached single-family dwellings.
I 173.999 ( . 80 Code, I 30 - 8. 3 ( R) ( 2) )
!; 173.296 BUILDING HEIGHT. ( B) Landscape design standards.
Single-family dwellings. duplex ( 1) Landscape treatment for plazas.
dwellings, and recreational, cOllUl\uni ty, roads, paths. and service and parking areas
and/or accessory structures in these shall be designed as an integral part of a
residential developments shall be limited to coordinated landscape and street furniture
a maximum height of 3S feet, except as design for the entire area.
provided in I 173.032(1.). Structures
housing all other uses allowed within the ( 2) Primary landscape treatment
PRO 10 District shall be limi ted to a shall consist of shrubs, ground cover, and
maximum height of 48 feet, except as street trees, and shall combine with
provided in I 173.032(1.). appropriate walks and street surfaces to
( . 80 Code, I 30-8. 3( H) ) ( Ord. , passed 4-l-80~ provide an attractive development pattern.
Am. Ord. 4-88r passed 4-12-88) Penalty, see Landscape materials should be appropriate to
S 173.999 local growing conditions.
~ li 173.297 DEVELOPMENT PLAN TO PRESERVE ( 3) Whenever possible. existing
CERTAIN AESTHETIC STANDARDS. trees shall be conserved and integrated 1-.0
the landscape design plan.
In the PRO 10 District the following ( '80 Code. S 30-8. 3( R) ( 3) )
regulations appl~
( C) Open space design standards.
( A) The development plan shall provide
for an effective and unified treatment of ( 1) The location. s h a pe, size, and
the development potential of the site, character of the common open space must be
_ making appropriate provisions for the suitable for the contemplated development
including density, population
1989 S-4A characteristics, and housing types.
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PLANN:I NG B ZOrf~) NG BORRD ( ,
) , REPORT
.....,/ --- STAFF
- -
CITY OF OELRAY BEACH
MEETING DATE: SEPTEMBER 17, 1990
AGEl'at ITEM: IV. B.
A MAJOR MODIFICATION TO THE SITE PLAN FOR DELRAY BAY INVOLVING THE ADDITION
ITEM: OF UNITS AND SITE REDESIGN (FORMERl.Y CROSSWINDS, uFF LINTON BOULEVARD)
PRD-10 ZONING.
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GENERAL DATA: .
Owner....................Delray Bay Partners
Agent....................Gary Jahraus. Delray Bay Partners
Location................. L':'cated ".est of !lcr-,.....ood Blvd.. south of
Linton Blvd. and north of Germantown Rd.
Property Size............14.217 Acres
city Land Use Plan...... .Residential - Nedium Density 5-12
du/acre
EKisting Zoning..........FRD-IO (Planned Residential Development
District'
Proposed Zoning (LDR's)..FRD (Planned Residential Development
District.
Adjacent Zoning......... .tlorth of the subject prcperty is zoned
RII-IO (lIultiple-Family t"...elling
District). South is zoned R-l~AA
(Sinqle-ra~ilJ ~wellin1 Districtl. East
is zoned FPD-IO. I.'est is z,:,ned P11-10
and ART IAgricultural Residential
Transitional District'.
Existing Land Use........Vacant Land
Proposed Land Use........ 252 llultiple-Family Dwelling Units
Water Service............Fro~ided vi! cQnnecti~ns to the existing
S" water I"3ins lccated within Crosswinds
Fhase I. north and south of the Lak.e
Tract.
Sewer Service............Provid..d via connections to the existing
8" s,.wer ,..ains located within Crosswinds
Ph'3<;e 1. n':'rth ~n~ south of the Lake
Tril':t. Th~ mains drain into lift
station S~~. Lift station u~~radinq may IV B.
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ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation to
the City Commission on a Modified Site and Development Plan for
the Delray Bay rental apartments. The site is located on the
south side of Linton Boulevard, west of Homewood Boulevard.
In view of the fact that the requested modification requires the
granting of variances and other reliefs from the current
development standards, only a site plan has been submitted. The
Board will need to focus on the following:
* Consistency with the Comprehensive Plan regarding the issue
of increased Density.
* To grant Administrative Relief for back out parking onto a
"through street".
* To allow the required 0.5 guest parking spaces to be
constructed with stabilized base and sod.
* To allow the elimination of wheel stops for some of the sod
spaces.
* To allow garages in the setbacks (Board of Adjustments to
grant a Variance).
* To grant a Variance for the elimination of one loading space
BACKGROUND:
Attached for your review is a copy of the August 21, 1989 staff
report which outlines the history of the project and the
conditions set forth in the previous approval, this site plan will
expire in February 1991- The approval in 1989 was for 222
muilti-family, 2/3 story flat over flats, and townhomes. The
modified site plan proposes 252 multi-family, 3 story flat over
flats.
Because the modified site plan increases the unit count and the
necessity of the above actions, we are only dealing with the site
plan and not landscaping, elevations or engineering until the
Board formalizes it's positions.
PROJECT DESCRIPTION:
The development proposal before you is for l4.2l acres, being a
portion of Phase 2 (excluding the existing 1 of 4 proposed 84
unit Condominium Buildings). The development proposal is to
construct a total of 252 luxury rental units consisting of 36-1
bedrooms, 48-1 bedroom/den, 132-2 bedroom, 24-2 bedroom/den and
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P&Z Staff Report
Oelray Bay Apartments
Page 2
12-3 bedroom. The development contains 11, 3 story buildings
mostly located around the lake and west property line.
For comparisons of unit counts and sizes, attached for your
review is exhibit 3 which outlines the differences between the
1989 site plan and the modified site plan which is before you.
The recreation package includes a clubhouse, pool, sand
volleyball, caged driving range, putting green, tennis court and
2 tot lots.
Access is proposed via separate entries from Linton Boulevard
and Germantown Road.
SITE PLAN ANALYSIS:
The Site Plan has been reviewed using criteria outlined in
Section 173.867 "Standards for Evaluating Site and Development
Applications" for only those sections which apply to the
submittal. A revised Site Plan was submitted on September 10,
and is the basis of the following review.
Standard A (Sufficiency of materials)
The Applicant has only submitted a modified site plan, therefore
only Standards A-D, I and J are discussed in this Staff Report.
(Landscaping and Utility Plans will be submitted at a later
da te. )
The application for a site plan submittal requires that the fee
be paid on the submittal date. The full fee for the major site
plan modification is due and payable prior to any City Commission
action.
Standard B (Density impact of the proposed use)
The approved site plan in April of 1989 was for 222 multi-family
units, the development proposal before you is for 252
multi-family units. The subject property is Zoned PROlO, however
the designation on the Land Use Map is RM Medium Oensity which
allows 5-12 units per acre. Thus the proposed site plan with 252
units creates a density of 17.72 units per acre, where as the
approved site plan with 222 units created a density of 15.61
units per acre. There are several questions which arise regarding
the increased density:
1- Is the property vested under the original PRO and the
density runs forever?
2. Since this portion of the original PRO is no longer
associated with the other portion of the PRO, it stands on
its own, i.e., as a separate multi-family development site?
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P&Z Staff Report
Delray Bay Apartments
Page 3
3. Since there have been intervening site plans any vesting
under the original site plan is void?
4. Was the Board of Adjustments decision site plan specific and
did not and does not run with the land?
5. With the newly adopted Land Use Plan, the maximum density
for any property within the city is 12 units per acre, where
this property creates a density of 17.73 units per acre.
Therefore this development is inconsistent with the
Comprehensive Use Plan.
The above items have been submitted to the city Attorney for his
opinion, however no response has yet been obtained.
The Applicant has stated that due to the construction of the
infrastructure which accommodates the 252 units vests this piece
of property. Secondly, the Board of adjustments granted a
variance (No. 713) to allow an ACLF and did not discuss or vary
the use (residential) nor the density (252 units) on the
property, but was only requesting a change in grouping, height,
and location of the units on the total site plan, therefore the
decrease in density was not an issue.
The Board should state on record their opinion at this point in
time, as to whether or not the increased density is even an
issue. Also, if the applicant's position is supported at this
time, the Board should address whether or not his rationale will
hold if the proposed project is not built.
Standard C (ingress and egress)
The site plan before you proposes two ingress and egress points,
one from Germantown Road and the other from Linton Boulevard. The
entry from Linton Boulevard was a main concern in the previous
Staff Report, due to its adverse impact on the Arterial Roadway
Beautification Program through the removal of median landscaping.
However, the Board approved the median cut and the new site plan
accommodates the same location as before, therefore should not be
an item for discussion.
A 24' ingress and egress is also proposed onto Germantown Road.
As Germantown Road currently has a substandard pavement width of
18' and entry here will require off-site roadway improvements to
Germantown Road. These will include the widening of the pavement
width the length of the property to 24' and providing tapers to
County standards at each end of the increased pavement area.
A condition of the previously approved Site Plan was to dedicate
an internal loop road with no back out parking from Linton
Boulevard to Germantown Road to accommodate the internal
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P&Z Staff Report
Delray Bay Apartments
Page 4
traffic, thus the road was dedicated as an ingress/egress
easement on the plat as Parcel C.
The modified site plan proposes that the majority of the guest
parking spaces and 30 additional paved spaces are to back out
onto the internal loop road. Pursuant to Code Section 173.772
(A)(2)(b) "this division (2 ) prohibits the design of parking
areas which force the motorist to back onto a through street in
order to leave. A through street is is defined as a two-way road
with the characteristics of carrying a majority of the traffic of
a development; this includes but is not limited to, entrances and
exit ways, and primary networks for internal circulation of
traffic." This was a previous concern with the Board due to the
amount of traffic utilizing the roadway.
However the Board may grant Administrative Relief pursuant to
Code Section 173.775 (B) (5) to allow an exception to the
application of the definition of a through street in specific
instances.
Staff does not support the concept of back out parking spaces
along the main road due to the fact that the road is considered
the major internal collector for this project, and could create a
hazardous traffic situation.
The Applicant has responded to this comment with the analysis of
roadways versus parking lots:
"The City's new regulations discuss the difference between a
parking lot and a roadway being a traffic count of less than 200
ADT, less than 200 ADT would be considered a parking lot
accessway. Further, a traffic study submitted with the
application indicates a total trip generation of 339 trips or
48.6 units toward Germantown Road and 1,204 trips or 250 units
toward Linton Boulevard. In the middle of the site, the traffic
split will be such that the ingress/egress road will be serving
less than an ADT of 200." (See attached drawing)
This is a major issue due to the fact that if administrative
Relief is not granted then the project would need a major
redesign in order to accommodate the additional parking spaces
some where else on-site.
Standard 0 (off street parking and loading)
The development proposal is to provide 588 required parking
spaces. 462 parking spaces for the units plus 126 parking spaces
for the 0.5 guest parking. All of the guest parking is proposed
to be constructed with a stabilized base and sod, with the
elimination of wheel stops except for 41 spaces which are
indicated on the plan with an X through the parking spaces.
Pursuant to Code Section 173.772 (B)(2)(3) the applicant has
requested a positive recommendation from the Board to allow the
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P&Z Staff Report
Delray Bay Apartments
Page 5
quest parking spaces to be provided in sod with a stabilized base
and for the elimination of wheel stops for the those spaces.
The applicant has also requested to allow 88 spaces to be
provided in 8 garage structures located throughout the parking
areas. This arrangement violates building setbacks per code
Section 173.295(A). A variance will need to granted by the Board
of Adjustments, however the applicant would like a positive
recommendation from the Board.
Code Section 173.791 requires that if the Gross Floor Area
exceeds 100,000 square feet, than three loading spaces are
required. However, only two are provided and the Applicant
requests that the 3rd bay be deleted.
Standard I (recreation and open space)
The development has provided an amenity package which includes a
club house, tennis court, pool, sand volleyball, caged driving
range, putting green, and 2 tot lots.
The PRO 10 zoning regulations require a minimum of 20% of the
total acreage in common open space and 10% for internal
landscaping. The site plan accommodates 27% open space and 13.8%
for the internal landscaping which exceeds the code.
Standard J (site development) deals with overall impact of the
site development.
This development will have a greater impact than previously
approved, due to the increase of 222 units to 252 units and the
redesign of buildings from townhomes and 2/3 story buildings to
all 3 story buildings. However, does not exceed the density
impact of the originally approved PRO. Since no architectural
drawings accompanied this site plan submission, no comments can
be made regarding the type of architectural style and if it meets
the intent of the previously approved site plan.
OTHER MATTERS:
As outlined in the Background, the site plan approval expires in
February 1991, since this is a modified site plan it also would
expire in February 1991 unless 25% of the improvements could be
completed. The applicant has requested the Board to consider
granting an extension to the original approval. The extension
shall be valid for 18 months.
Demographics - Pursuant to the Comprehensive Plan Goal Area "A",
under the Land Use Element:
"The remaining vacant land within the planning area shall be
developed in such a manner as to enhance the existing quality of
life and compliment existing land use and result in a mixed, but
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P&Z Staff Report
Delray Bay Apartments
Page 6
predominately residential community with a balanced economic
base"; and
Policy Al.5 "In order to provide for a more balanced demographic
mix, the development of "Large scale adult orientated
communities" on the remaining vacant land is discouraged."
Upon reviewing the data provided in Exhibit 3, if we compare the
square footage of the 2 and 3 bedroom units of 1200 sq. ft. and
above, they have decreased from 44 units to l2 units, and all the
townhouse units have been eliminated, thus the basis for fewer
families on that test.
Also, upon analyzing Delray Bay Apartments with Spring Landings
(Linton Lake I I) , Spring Landings offers a little bigger square
footage and more three bedroom units. However, would probably
capture the same type of renters, which are predominately young
professionals.
REVIEW BY OTHERS:
Due to a partial submittal no other Boards have reviewed this
site and development plan.
TECHNICAL REVIEW ITEMS:
1. Provide a proper terminus for the dead end access road
adjacent to Germantown Road (off-site condition) by either
accommodating it on this property or on the adjacent
property through an agreement with the owners. This is
required to be indicated on the site plan.
2. Provide Replat to cover new utility easement locations.
3. The intersection east of Building .11 is not acceptable.
Provide right angle intersections to main drive.
GENERAL ASSESSMENT:
In general, the layout of the site plan provides for a good
living environment for it's residents, however only. the site plan
was submitted therefore no comments could be made on the
Landscaping or engineering.
The development as currently proposed creates a greater density
than previously approved, however does not exceed the density
approved with the original PRO. It does however seem that the
increased density could be the reason for all the variances and
reliefs requested.
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P&Z Staff Report
Delray Bay Apartments
Page 7
The development proposal request many variances and reliefs from
the Design Standards and Parking Code, which include, the back
out parking, to allow guest parking to be built with stabilized
base and sod, the elimination of wheel stops and to delete one
required loading bay. It will be necessary for the Board to
determine if granted, neither the variances and reliefs will or
will not have an adverse affect on the development.
ALTERNATIVE ACTIONS:
1. Continue with direction and concurrence.
2. Recommend denial of the site plan for failure to make
positive findings with respect to Standard B (Oensity) ,
Standard C (Ingress and Egress), and Standard D (Off-street
Parking) under Section 173.867 "Standards for Evaluating
Site and Oevelopment Plan Applications".
3. Recommend approval of the Site plan upon positive findings
for the Standards of Sections 173.867 "Standards for
Evaluating Site and Oevelopment Plan Applications" subject
to conditions.
RECOMMENDED ACTION:
Board Discretion:
Because of the numerous items addressed in the staff report, the
items should be approved by separate motions:
1. Recommend approval to locate the guest parking spaces (sod)
and the 30 paved spaces along the ingress/egress road by
granting Administrative Relief pursuant to Code Section
173.775(B)(5).
2. Recommend approval for relief from Code Section 173.772
(B) (2) and ( 3 ) to allow the 0.5 guest parking spaces in sod
and stabilized base and the elimination of wheel stops for
99 spaces.
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P&Z Staff Report
Delray Bay Apartments
Page 8
3. Recommend approval for the Site and Development plan for
Delray Bay Apartments with positive findings with respect
to consistency with the Comprehensive Plan (Density) ,
Section 173.867 "Standards for Evaluating Site and
Development Applications" for sections A-D, I, J and
conditions set forth below:
a. A full site plan submission is required pursuant to the
existing Code of Regulations with review by the
Planning an Zoning Board and the C.A.B. as appropriate.
b. That the proper fees for a major site plan modification
be paid prior to city Commission action.
c. The extension of the Site and Development approval
shall be valid for 18 months after city Commission
approval.
4. Recommend approval to grant a variance from Section 173.791
to delete one loading space.
REF:Delbay2.txt
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I EXlllBIT 3
DELRAY BAY APARTAIENTS
I CITY OF DELRAY BEACH, FLORIDA
I I 1989 SITE PLAN I I NEW SITE PLAN I
I
NO. SFI TOTAL NO. SFI TOTAL
UNITS UNIT SF UNITS UNIT SF
I BUILDING UNIT TYPES
I FLATS
1 BEDROOM/1 BATH 24 668 16,032 36 660 23,760
I 1 BEDROOM/1 BATH/DEN 0 0 0 48 760 36,480
2 BEDROOH/2 BATH 36 933 33,588 48 940 45,120
2 BEDROOH/2 BATH 60 1,054 63,240 84 I,Q75 90,300
! BEDROOM/2 BATH/DEN 0 0 0 24 1,145 27,480
I 3 BEDROOH/2 BATH 24 1,217 29,208 12 1,250 15,000
TOWNHOMES
\ 2 BEDROOM/2-1/2 BATH 29 1,07~ 31,262 0 0 0
2 BEDROOM/2-1/2 BATH 29 1,139 33,031 0 0 0
, 3 BEDROOM/2-1/2 BATH 20 1,431 28,620 0 0 0
- -
222 1,058 234,981 252 915 :!38,140
~
CLUBHOUSE/CABANA 3,020 3,800
I GARAGES 0 0 90 19,171
TOTALS 238,001 261,111
I
MAXIMUM BUILDING
l HEIGHT 35' 35'
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EXllJBIT 4
DELRAY BAY APARTltlENTS
CITY OF DELRAY BEACH, FLORlDA
I 1989 SITE PLAN I I- NEW SITE PLAN I
SITE DATA
Remaining site Area 619,292 SF = 14.217 Acres 619,292 SF = 14.217 Acres
Zoning PRD-10/Master Plan PRD-10/Master Plan
Parking Spaces
Required 543 588
Parking Spaces
Provided 543 588
parking Spaces
In Sod 0 126
Ground Floor 98,649 SF 101,660 SF
Building Area 16% of site 16.4' of site
TOTAL FLOOR AREA 243,250 SF 238,140 SF
39' of site 38.5\ of site
Accessory Buildings 3,538 SF 22,971 SF
0.60% of site 3.7\ of site
Parking & Street 254,020 SF 177,631 SF
Area 40.4% of site 28.7\ of site
:;ross Density 15.61 units/acre 17.72 units/acre
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fIIt!f
SUBJECT: AGE'NDA ITEM # q c- - MEETING OF OCTOBER 23, 1990
REQUEST FOR CONDITIONAL USE APPROVAL
DATE: October 19, 1990
This item was deferred at your September 25th meeting by the request
of the applicant. We received a request for conditional use approval
to construct an off site parking lot on a parcel zoned RM-15 in
conjunction with the Bermuda Inn expansion project. The development
proposal consists of constructing an off site parking area across from
the Bermuda Inn on the west side of Salina Avenue. Currently a
one-story single family residence and a one-story duplex exist on this
site. Those structures will be leveled to accommodate the proposed
parking lot. The parking lot will contain 20 parking spaces (eight
compact and 12 standard) and will have two ingress/egress points from
Salina Avenue.
With the adoption of the new Land Development Regulations, off site
parking areas will only be allowed on property within 300 feet and
containing the same type of zoning designation as the principal use.
However, this request has "beat the clock" and has therefore been
reviewed under the existing Code.
The Planning and Zoning Board at their September 17th meeting reviewed
this request. There were several letters of opposition received and
ten individuals spoke in opposition to this proposal. Factors cited
in opposition included the substandard condition of Salina Avenue;
disruption of the residential character, and increased traffic. The
Planning and Zoning Board therefore, by an unanimous vote, recommends
denial based upon findings that this request is incompatible with
adjacent properties and the neighborhood. A detailed staff report is
attached as backup material for this item.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~~L~~T' ADMINISTRATIVE ASSISTANT III
FROM: ID J. KO AC~~CTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 25, 1990
CONSIDERATION OF A CONDITIONAL USE REQUEST FOR OFF-SITE
PARKING IN RM-15 ZONING FOR AN ABUTTING L.C. DISTRICT
PROPERTY (Bermuda Inn Expansion)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a request to establish an off-site parking lot
for a proposed expansion of use at the Bermuda Inn.
The Bermuda Inn is located off A-1-A, south of Boston's.
The proposed parking area is located on the west side of
Salina Avenue, behind the Bermuda Inn.
BACKGROUND:
The current code allows the establishment of off-site parking in
residentially zoned areas for the benefit of abutting commercial
property. In order to receive permission to do so require? the
processing and approval of a conditional use request.
The request at hand is the first step in a proposal which is to
ultimately result in the addition of a small restaurant and a few
units to the Bermuda Inn. This conditional use request is
weighed on its own merits. Please refer to the Planning and
Zoning Staff Report which provides a complete description and
analysis of the request.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board, at its meeting of September 17th,
held a public hearing in conjunction with review of the request.
There were several letters of opposition and ten (10 ) individuals
spoke in opposition. Factors cited in opposition included:
* The substandard condition of Salina Avenue;
* Disruption of the residential character along the west
side of Salina Avenue;
* Concerns regarding safety as the request would result
in increased traffic along Salina Avenue;
city Commission Documentation
Bermuda Inn Expansion
Page 2
* The result wherein this approval would negate previous
development actions by Boston's and others which
minimized traffic impacts along Salina Avenue.
After taking public testimony, reviewing the staff report, and
stating their own views which included descriptions of visits to
the site, the Board on a unanimous vote (7-0) recommended that
the request be denied for failure to be deemed compatible with
adjacent properties and the neighborhood.
RECOMMENDED ACTION:
By motion, deny the conditional use request for off-site parking.
Attachment:
* P&Z Staff Report of September 17, 1990
* Seventeen (17) letters of opposition are available for
review in the Planning and Zoning Department office
DJK/#71/CCBER.TXT
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
FROM: ~.jK~~~CTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 25, 1990
CONSIDERATION OF A CONDITIONAL USE REQUEST FOR OFF-SITE
PARKING IN RM-15 ZONING FOR AN ABUTTING L.C. DISTRICT
PROPERTY (Bermuda Inn Expansion)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a request to establish an off-site parking lot
for a proposed expansion of use at the Bermuda Inn.
The Bermuda Inn is located off A-1-A, south of Boston's.
The proposed parking area is located on the west side of
Salina Avenue, behind the Bermuda Inn.
BACKGROUND:
The current code allows the establishment of off-site parking in
residentially zoned areas for the benefit of abutting commercial
property. In order to receive permission to do so require7 the
processing and approval of a conditional use request.
The request at hand is the first step in a proposal which is to
ultimately result in the addition of a small restaurant and a few
units to the Bermuda Inn. This conditional use request is
weighed on its own merits. Please refer to the Planning and
Zoning Staff Report which provides a complete description and
analysis of the request.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board, at its meeting of September 17th,
held a public hearing in conjunction with review of the request.
There were several letters of opposition and ten (10) individuals
spoke in opposition. Factors cited in opposition included:
* The substandard condition of Salina Avenue:
* Disruption of the residential character along the west
side of Salina Avenue;
* Concerns regarding safety as the request would result
in increased traffic along Salina Avenue;
! 'l_l-tl \ll \j ll\l G 8 ZONING BOARD
CITY OF OELRAY BEACH
--- STAFF REPORT -
-
MEETING DATE: Seotember 17, 1990
AGEl'rn ITEM: III.A.
A Conditional Use Request for Off-Site Parking on Property Zoned RM-1S in Order
IT~. to Accommodate Expansion of the Bermuda Inn. Proposed Lot to be Located on the
· 'de of Salina Avenue Behind the Bermuda Inn.
.
JI H ltl Govt. Lot Z
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GENERAL DATA:
O'..Jne r . . . . . . . . . . . . . . . . . . . . . . . . . . . Rolf & Virginia Heineman
Contract Purchaser...... . . . . . . . . 1.1l" . F. Ilr s. Jerome Bigelow
Age n t. . . . . . . . . . . . . . . . . . . . . . . . . . . Digby Bridges
Loc at i on. . . . . . . . . . . . . . . . . . . . . . . . West side of Salina Avenue
approximately 300' south of
Atlantic Avenue
Property Size................... 8,733 sq. ft. Lots 17-19
City Land Use Plan......... ..... l'ledium Density 5-12 Du/acre
Existing Zoning................. RM-15 Multi-family
Adjacent Zoning.............. ... RM-15 to the north, south, and
west and LC Limited Commercial
to the east
Existing Land Use............... One single family and one duplex
structure
Proposed Land Use............... 20 parking spaces
Wa ter Service................... A 2" main exists along the west.
rroperty Ii ne.
ITEM: IILA.
SevIer Service................... ;,n 8" main exists within Salina
Avenue. tlo sewer serv i~p ; c:
P&Z Staff Report
Bermuda Inn - Conditional Use Request
Page 2
This proposed 2 story addition will be attached to the existing
story at the northeast corner of the property. The building
setback will correspond with Boston's restaurant located
immediately to the north.
A development proposal for the off-site parking area and the
Bermuda Inn expansion was submitted for a combined conditional
use and site plan action. After reviewing the actions necessary
to obtain approval it was determined that the following approval
process was required:
* First, conditional use approval must be obtained for
the off-site parking area as allowed pursuant to
Section I73.77I(D)(7)(b).
* Secondly, if conditional use approval is received then
a Board of Adjustment variance must be obtained for the
proposed shortage of parking (6 spaces).
* If a variance is granted the conditional use and site
plan for the main Bermuda Inn site will then be
considered.
The action before the Board at this time is the first step of
this approval process.
COMPREHENSIVE PLAN:
With the adoption of the new Land Development Regulations (LDRs),
off-site parking areas will be allowed only on property within
300 feet containing the same type of zone designation (Le.
commercial, industrial, office, etc. ) as the principal use.
However, under the current zoning regulations, off-site parking
areas can be established for various zoning designations
including L.C. (Limited Commercial) within the RM-15 zoned
district provided the parking area is adjacent to and abuts the
lot or parcel of land which the principal use or building is
located. This request has "beat the clock" and is reviewed under
the existing code.
The following Comprehensive Plan objectives and policies apply to
this request:
Future Land Use Objective A-I:
Vacant property shall be developed in a manner so that the
future use and intensity is appropriate in terms of soil
topographic, and other applicable physical considerations,
is complementary to adjacent land uses, and fulfills
remaining land use needs.
P&Z Staff Report
Bermuda Inn - Conditional Use Request
Page 4
has been submitted. The revised design has provided two
ingress/egress points from Salina Avenue and two-way internal
circulation on site. Technically, the revised layout would
require someone that enters the site and bypasses a space to exit
on to Salina Avenue to reenter the site. However, due to the
limited size and layout of the parking area someone entering the
site will be able to survey the entire parking lot to determine
where available spaces are.
Standard #2 (parking and loading areas)
Pursuant to Section 173.773(0) a total of 39 parking spaces are
required for the 2,233 sq. ft. of restaurant use and 23 motel
rooms. On the main site a total of 13 spaces will be provided
while the off site parking lot will provide an additional 20
spaces (12 regular, 8 compact). Compact spaces are allowed
pursuant to Section 173.775(B)(4) (Administrative Relief) for
long term employee parking. Administrative Relief has been
requested. A shortage of 6 parking spaces is noted. If
conditional use approval is granted, a Board of Adjustment
Variance will be required prior to processing of the Conditional
Use and Site Plan for the Bermuda Inn site expansion.
The off-site parking area is not included in the contract
purchase proposal for the Bermuda Inn site. Therefore, pursuant
to Section 173.771(D)(7)(c) the owner of the alternate off street
parking area and the owner of the principal use shall enter into
a written agreement with the City via a form approved by the City
Attorney. This agreement has been received and has been sent to
the City Attorney's office for review.
The Conditional Use approval for the off site parking area does
not require a loading area while the associated expansion of the
motel and restaurant does. This requirement is discussed under
this "use" proposal because, if relocation is appropriate, it
will effect the total number of parking spaces and the variance
action to follow.
The loading area is proposed adjacent Salina Avenue west of the
existing Bermuda Inn. This location is unacceptable for the
following reasons:
* The public right-of-way will be used for the required
maneuvering apron.
* The roadway, Salina Avenue, is substandard in pavement width
(20') and can not be increased without additional
right-of-way dedications.
* The loading area is located along the west property line
while the primary use (restaurant) is located along the east
property line.
4
P&Z Staff Report
Bermuda Inn - Conditional Use Request
Page 6
Adjacent properties should be buffered from the visual and
headlight impact of the elevated parking lot. Pursuant to
Section 159.30 hedging 2' high along with trees 25' on center are
required. The applicant had proposed hedging ( 2 ' high and 3' on
center) as well as trees 25' on center. Pursuant to Section
159.28(C) hedging material is to be provided at a spacing which
will achieve a solid barrier within a year.
Due to the unique characteristics of this site it would be
appropriate to require higher and denser hedge material to assure
proper buffering soon after the establishment of the use. Per
the recommendation of the Site Plan Review and Appearance Board
(SPRAB) at its meeting of September 12, 1990, the hedge material
will be planted a minimum of 2' 6" high and 2' 6" on center.
Pursuant to Section 159.31, 6 internal trees are required. One
internal tree has been provided and is located along the north
property line. The applicant should provide the other 5 trees in
the large landscape islands at the northwest and southwest
corners of the site as well as in the central landscape median.
The applicant agreed to provide these trees during preliminary
review before the SPRAB on September 12, 1990.
Standard #6 (signs and lighting)
A lighting plan is required pursuant to Section 173.852(F)(12)
and has not been provided. With the submittal of the required
lighting plan, all lighting must be maintained on site and
directed away from adjacent residential area.
Signage locations are not provided. If signage is proposed it
should have little impact on adjacent properties.
Standard #7 (setbacks and open space)
The open space requirements for the conditional use request are
dictated by Section 159.31 (Internal Landscaping) and 159.30
(Perimeter Landscaping) . All required open space has been
provided.
Setback requirements do not apply.
Standard #8 (compatibility)
Compatibility with residential uses to the north and south and
church use to the west is a concern. The revised parking lot
layout and drainage solution has significantly reduced the
potential impact to adjacent properties from a 7' retaining wall
to a 3.5' retaining wall. In addition, the proposed hedge line
with additions as described under Standard #5 and trees 25' on
center will help reduce negative aesthetic impacts increasing the
parking lots visual compatibility.
.
P&Z Staff Report
Bermuda Inn - Conditional Use Request
Page 8
* A sidewalk is required on this site pursuant to Section
172.17. No sidewalks exist along this roadway and can not
be accommodated in the existing 20' right-of-way. To
accommodate a sidewalk system additional right-of-way or
easement dedications would be required.
Three letters of objection have been received and are attached.
One objection letter refers to a prior development proposal for
the Boston's off-site parking area. In reviewing the files,
objection to retention of existing back-out parking along Salina
Avenue is noted. Further, concerns with respect to the impact of
additional turning movements from Salina Avenue onto Atlantic
Avenue were expressed. Signalization of this intersection along
with restrictions to "right turn movements only" were suggested
and found to be unwarranted. It is noted that with final
approval of Boston's parking lot, a staff recommendation to
provide access onto Salina Avenue facilitating better circulation
was incorporated.
Plattinq: As the development proposal will occupy 2 platted lots
and a portion of a 3rd, it is appropriate that a boundary plat
incorporating the entire site be provided.
REVIEW BY OTHERS:
S.P.R.A.B. (Site Plan Review and Appearance Board):
The S.P.R.A.B. acting as the C.A.B. preliminary reviewed the
landscape plan on September 12, 1990. Modification was requested
providing the installation of the 5 required internal trees into
the center landscape median and landscape islands at the
northwest and southwest corners of the site and elevations. In
addition, the hedge material proposed around perimeter of the
site was to be increased in height from 2' to 2'6" and in density
from 3' on center to 2' 6" on center.
C.R.A (Community Redevelopment Aqency):
The C. R.A. reviewed the development proposal on September 10,
1990 and recommended approval of the expansion and the associated
off-site parking lot. The CRA expressed objection to the loading
function proposed on the main site along Salina Avenue because of
the negative traffic and visual impacts on adjacent residential
uses.
TECHNICAL ITEMS:
Though most of staff comments have been addressed with the
resubmittal, the following comments remain outstanding:
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, ! Digby Bridges, l\1arsh & Associates, P.A.
; ! \ , 124 N.E. 5TI I ^ VENUE. DELRAY BEACH. FL 33483
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407-278-1388
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6 September 1990
City of Delray Beach
Planning and Zoning
Att: l-lr. David Kovaks
Planning Director
100 N. W. 1st. Avenue
Delray Beach, FL 33444
TIe: Bermuda Inn - Conditional Use Request
Dear David,
On behalf of the owners of the above referenced project, we would
like to request Administrative relief to provide eight (8) compact
spaces (employee) within our new proposed parking layout.
This request is based on the fact that within the very restrictive
development area, the proposed parking configuration will better
accommodate code requirements.
Thanking you for your cooperation.
Yours sincerely,
H & ASSOCIATES, P.A.
_.-" ,~ r: SO
l"~? I ~)
1,.-
- ---
CllAR7};RED ARClll1ECrS - PLANNENS -IS7ENIOR LJESIGNI:'N.S
. l~"'l,..
David Kovacs Sept. 11, 1990
Director of Planning & Zoning
City of Delray Beach
100 N.W. 1st Avenue
Delra y Beach, Florida 33444
Mr. David Kovacs,
-- -- -'ThislS in reference to y6ur pUblic-hoeice-6-374.- ---.---.-- - _.
I am a resident owner at 36 South Ocean Blvd. Delray Beach. We do not want
the zoning changed for the Burmuda Inn property. I do not think we need
another Restaurant so close together.
Also Salina Street is no where near big enough to handle the traffic it
already has. The exit from Boston I s parking lot, whic"1 is also the exit from
our Condo is daffgerous. Several cars have been hit there. You should
straighten out these problems before adding more. Also there would be a
influx of large trucks up and down the street making deliveries.
We are ~y against another Restaurant in the area, and the parking lot
on Salina Street.
Thank You
1/1./1. 'I ?T!u A1- /rLuh~L-
Mr. & Mrs. Jerry Kleehammer
-
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJ1:j
SUBJECT: AGENDA ITEM # 1]) - MEETING OF OCTOBER 23, 1990
CONDITIONAL USE APPROVAL- NEW JERUSALEM CHURCH OF GOD
DATE: October 19, 1990
We received a request for conditional use approval for New Jerusalem
Church of God In Christ located at the southeast corner of S.W. 8th
Avenue and S.W. 3rd Street. The property upon which the proposed
church is to be located is within the Community Redevelopment Area and
is zoned R-1A (Single Family Dwelling District). The parcel is
currently vacant and has no previous development history. The
development proposal is to construct a 7,557 square foot church
building, containing a sanctuary, a dining area, and a 34 space
parking lot and associated landscaping. An abandonment application
for the portion of the alley which abuts Lots 5 and 7 is currently
being processed and is tentatively scheduled for Planning and Zoning
Board action on November 19th.
The Community Redevelopment Agency at their September 24th meeting
reviewed the development proposal and had no objections to the church
use. The Planning and Zoning Board at their October 15th meeting
failed to pass a motion for approval by a 2-5 vote (FeIner, Naron,
Beer, Purdo, and Parker dissenting). While there was much support
from church members, many of who live in the immediate area, there was
also public testimony in opposition. Concerns heard included the
number of churches in the areaj the accommodation of traffic during
special eventsj the relocation of the alleYj the amount of traffic
and access problems on S.W. 8th Avenue. It should be noted that
there are currently five churches within 1,000 feet of this proposed
church, and eight within 2,000 feet. A detailed staff report is
attached as backup material for this item.
I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
~J ~\J~
VID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 23, 1990
CONDITIONAL USE REQUEST FOR ESTABLISHMENT OF THE NEW
JERUSALEM CHURCH OF GOD IN CHRIST
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a conditional use request. While there is a
sketch plan which was submitted with the application, formal
site plan review is not being considered at this time.
The action is being taken under the pre-LDR development
regulations i.e. Chapter 173 of the zoning code.
The project is the establishment of a church at the
southeast corner of S.W. 8th Avenue and S.W. 3rd Streets.
BACKGROUND:
The property upon which the proposed church is to be located is
currently vacant and has no development history. While there are
several churches in this portion of the community, the immediate
area is residential. Immediately to the northwest, the Allamanda
Gardens development is under construction (36 affordable, single
family detached housing units).
A sketch plan was submitted with the conditional use request in
order that an assessment could be made of the proposed intensity
and other development concerns could be identified. There are
several such concerns and if the conditional use request is
approved, a full site plan submittal which scales down the
intensity of the church will be processed. Accommodating the
project will also involve abandonment of an existing alley.
Please review the P&Z Staff Report for a more complete
description and analysis of the request.
The CRA has reviewed the request and did not object to the
proposed use.
.
I
City Commission Documentation
Conditional Use Request for Establishment
of the New Jersusalem Church of God in Christ
Page 2
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at it's
meeting of October 15th at which time a public hearing was held.
While there was much support from church members, many of whom
live in the immediate area, there was also public testimony in
opposition. The testimony revealed concerns pertaining to:
* the number of churches in the area
* accommodation of traffic during special events
* the relocation of the alley
* the amount of traffic on S.W. 8th Avenue and potential
problems with an access off S.W. 8th Avenue.
Board Members raised concerns with the size of the site 0.65 ac
28,478 sq. ft. being too small to properly accommodate a church
facility.
Following its deliberations, the Board on a 2-5 vote (Currie and
Krall affirmative) failed to recommend approval of the
conditional use request. Prior to the vote, Member Purdo
advanced the position that approval would be inconsistent with
the required finding pertaining to compatibility.
RECOMMENDED ACTION:
By motion, denial of the request for establishment of a church as
a conditional use, as requested, based upon a finding that such a
use does not comport with finding (8) of the Standards for
Evaluating a Conditional Use (173.848).
Attachment:
* P&Z Staff Report & Documentation of October 15, 1990
REF/DJK#73/CCNEWJ.TXT
I
PLANN'I NG 8- ZONING BOARD STAFF REPORT
--- - --
CTTY OF OELRAY BEACH
MEET ING CATE: OCTOBER 15, 1990
AGF.N:Ft ITEM: IV.C
I
ITEM: A CONDITIONAL USE REQUEST TO ESTABLISH THE NEW JERUSALEM CHURCH OF GOD IN CHRIST
LOCATED ON THE SOUTHS IDE OF S.W. 3RD ST.. BETWEEN S.W. 7TH AVE. & S.W. 8TH AVE.
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Gl:=NERAL DATA:
Qwner...........................Elder Herbert Young, Hew
Jerusalem Church of God in Christ
Architects..................... .Arthur Patterson & Reginald
Harris
Location........................South side of s.w. 3rd Street,
between s.w. 7th Avenue and S.W.
8th Avenue.
Property Size...................O.65 Acres 128,478.03 sq. ft. )
City Land Use Plan..............Low Density 0-5 du/acre
Existing Zoning.................R-IA ISingle Family Residential
District)
Adjacent Zoning.................North, south, east and west of
the subject property are zoned
R-IA.
Existing Land Use...............Vacant Land
Proposed Land Use...............A 7,557 sq.ft. Church with a
seating capacity of 100 persons
and a dining area.
Water Service...................An existing 6" main is located
along s.\o/. 8th Avenu<::! and a 2"
water main is locat<::!d along s.w.
7th Avenue and S.W. 3rd Street.
Sewer Service...................An existing 6" sewer main is
located along S.W. 7th Avenue, IV. C
,.. .. ~~..JI ,.....___.... - _....]I ,... ,. "'A '-
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a conditional use request to establish a 100 seat church for New
Jerusalem Church of God in Christ. The subject property is
located on the south side of S.W. 3rd Street, between S.W. 8th
Avenue and S.W. 7th Avenue.
BACKGROUND:
The subject property is located within the Community
Redevelopment Area and is zoned R-1A (Single-Family Dwelling
District). The development proposal to establish a church
encompasses lots 1-5, 7-11 of Block 8, Town of Delray and a 16
ft. north/south alley that separates lots 5 and 7. The City's
records do not indicate any past development on these lots.
Churches are allowed as a conditional use within the R-1A zoning
district.
PROJECT ANALYSIS:
The development proposal is to construct a 7,557 sq. ft. church
building, containing a sanctuary (seating capacity 100 persons),
a dining area, a 34 space parking lot and associated landscaping.
A sketch plan depicting the above has been submitted with the
conditional use request. An abandonment application for the
portion of the alley which abuts lots 5 and 7 is currently being
processed and is tentatively scheduled for action at the Planning
and Zoning Board's meeting of November 19th. If approval is
granted for the conditional use and the abandonment, a fomal site
plan submittal will follow.
CONDITIONAL USE ANALYSIS:
The conditional use request and accompanying sketch plan have
been reviewed under the Ten Conditional Use Standards contained
within Section 173.848 "Standards for Evaluatinq Conditional
Uses." The following is the result of that review:
Standard #1 (ingress and egress)
One ingress and egress point is proposed from s.w. 8th Avenue
accessing the proposed parking lot (34 spaces) . S.W. 7th Avenue
borders the site to the east and is not improved between S.W. 3rd
Street and S. W. 4th Street. Access to the two existing single
family dwellings located adjacent to S.W. 7th Avenue right-of-way
(Lot 38, Block 8 and Lot 9, Block 16) is via a 13 ft. dirt road
that traverses the eastern portion of the subject property (Lot
1, Block 8) . With the development proposal, an alternate means
of access must be provided for the two single family homes. The
following are means by which short-term and long-term access can
be accommodated:
P&Z Staff Report
New Jerusalem Church of God in Christ - Conditional Use Approval
page 2
Short-Term Access:
The applicant will be responsible for installing a 13 ft.
shell rock road within the S.W. 7th Avenue right-of-way from
S.W. 3rd Street to the driveways of the two single family
homes. This will provide access that is at least equal to
the existing si~uation. The 13 ft. road must be installed
prior to issuance of a building permit. In addition, as the
portion of the 16 ft. alley that is proposed to be abandoned
is currently utilized, the applicant may be required to
improve a portion of the east/west 16 ft. alley that abutts
the south property line of the subject property.
Lonq-Term Access:
The City of Delray Beach will be responsible for improving
S.W. 7th Avenue, between S.W. 3rd Street and S.W. 4th
Street. This item should be scheduled for improvement in
fiscal year 1990-91. The applicant will be required to pay
a pro-rata share of the improvements for that portion of the
subject property that fronts along S.W. 7th Avenue.
Standard #2 (parking and loading areas)
The conditional use request is for a 100 seat church facility
requiring 34 parking spaces pursuant to Code Section 173.773(D) .
Thirty-four (34) parking spaces have been provided. However,
Code deficiencies exist with the current layout and revisions to
the site plan addressing Code requirements listed under the
"Technical Items" section of this report will further reduce the
number of parking spaces provided. With parking space
reductions, the seating capacity (floor plans or pew spaces) must
also be modified.
Limiting the seating capacity of the church does not preclude the
number of congregation members. However, the maximum number of
persons who attend a church service is limited to the seating
capacity as established by the available on-site parking. An
alternative for the congregation may be to have more than one
church service on the days of worship.
No loading areas are required pursuant to Section 173.792 for
assembly halls under 20,000 sq. ft.
Standard #3 (refuse and service areas)
A dumpster is proposed at the northeast corner of the site. The
proposed location is not acceptable, as it requires the Waste
Management vehicle to back-out and manuever within the S.W. 7th
Avenue right-of-way. The dumpster must be located on-site in a
location that will enable the vehicle to manuever on-site and not
require the vehicle to back-out into the street.
t
P&Z Staff Report
New Jerusalem Church of God in Christ - Conditional Use Approval
Page 3
Standard #4 (utilities)
Water Service
An existing 6" water main is located along s.w. 8th Avenue. A 2"
water main is located along S.W. 3rd Street and within the S.W.
7th Avenue right-of-way. Public Utilities Department has
indicated that upgrading the 2" main located along S.W. 3rd
Street to an 8" main, between s.w. 7th Avenue and S.W. 8th Avenue
will be required.
Fire suppression is provided via an existing fire hydrant located
at the southwest corner of S.W. 8th Avenue and S.W. 3rd Street.
Sewer Service
Sewer service is provided via an existing 8" sewer main located
along s.w. 8th and S.W. 7th Avenues and S. w. 3rd Street. An
inspection manhole (control manhole) is required where the tie-in
of the proposed 6" sewer lateral meets the existing 8" sewer main
along S.W. 3rd Street.
Standard #5 (screens and buffers)
Pursuant to Code Section 159.30, trees placed a maximum of 40 ft.
on center is required around the perimeter of the site. This
requirement has been met however, the spacing between trees
should be reduced to 25 ft. along the south property to mitigate
the impact on the properties to the south.
Pursuant to Code Section 173.772(D)(2), 10% of the total square
footage of paving used for parking and accessways shall be
interior greenspace. The sketch plan appears to be deficient in
with respect to this requirement.
Standard #6 (signs and lighting)
No signage locations have been provided. Signage locations must
be provided with the full site plan submittal. Signage location
is not a factor in the conditional use analysis.
A lighting plan has not been provided. With the full site plan
submittal, a lighting plan must be provided that will retain all
lighting on-site and direct it away from adjacent residential
properties.
Standard #7 (setbacks and open space)
The current proposal will create a double frontage lot. Pursuant
to Code Section 173.095(A)(5), the minimum required front setback
is 25 feet, which applies to both the east and west property
lines. A 10 ft. setback has been provided along S.W. 7th Avenue.
If a 10 ft. setback is desired, a limited access easement must be
provided along S.W. 7th Avenue or a variance granted by the Board
of Adjustment. Staff does not support a 10 ft. setback, as it is
not consistent with the existing single family dwellings along
-
P&Z Staff Report
New Jerusalem Church of God in Christ - Conditional Use Approval
Page 4
s.w. 7th Avenue, north and south of the subject property. Those
structures maintain a 25 ft. setback. Churches are considered
"conditional uses" in single family zoning districts to assure
that the structures are compatible with the residential character
of an area. Therefore, to maintain the compatibility of the
residential streetscape, a 25 ft. minimum setback should be
provided along S.W. 7th Avenue.
Open space is a function of Code Section 159.30 (perimeter
landscaping) and Code Section 151.31 (internal landscaping).
With a full site plan submittal, these requirements are to be
provided. The sketch plan appears to be deficient in internal
landscaping which is to be a minimum 10' of the paved area.
Standard #8 (compatibility)
Compatibility with the surrounding neighborhood is a concern.
The site is bordered to the north, south, east and west by R-1A
single family zoning. North, south and west of the subject
property are single family homes. East is a vacant lot. The
subject property is separated from the existing single family
homes by street right-of-way to the north, east and west, and by
a 16 ft. alley to the south.
As multiple church facilities create concerns over cumulative
traffic impact in residential areas an analysis was conducted to
determine the intensity of churches within 1,000' and 2,000' of
this proposal (see attached map). The following is a summary of
the results:
Churches Within 1,000' Status Capacity
1. Ebenezer Welegan Methodist Currently operating No condo
Church - SE corner of SW use app.
6th Avenue and SW 2nd found
Street
2. Church of God Possibly Vacant 100 Seats
Just south of SW 2nd
Street on the east
side of SW 5th Ave
3. No Name Church Facility Vacant Not Avail
East side of SW 5th
Avenue, between SW 3rd
Street and SW 4th Street
4. Holy Ghost Headquarters Currently Operating 156 Seats
SW corner of SW 4th Street
and SW 6th Avenue
5. Haitian Catholic Chruch currently Operating 306 Seats
NW corner of SW 6th
Street and SW 8th
Avenue
TOTAL 562 Seats
I
P&Z Staff Report
New Jerusalem Church of God in Christ - Conditional Use Approval
Page 5
Churches Within 2,000' Status Capacity
6. Church of the Living Currently operating 209 Seats
God - NW corner of SW
11th Avenue and SW 1st
Street
7. St Paul's Baptist Church Currently operating 201 Seats
NW and NE corner of SW
10th Avenue and SW 1st
Street
8. Church of God of Prophecy Vacant No Condo
NE corner of SW 7th Avenue use app.
and SW 1st Street found
9. Delray Community Currently operating No condo
Missionary Baptist Church use app.
NW corner of SW 5th Avenue found
and SW 1st Street
10. Sutton Chapel Church of Currently operating 99 Seats
God in Christ - SE corner
of SW 2nd Street and SW
4th Avenue
11. St. Mathew Episcopal Currently operating No condo
SW and NW corner of use app.
SW 3rd Street and found
SW 4th Avenue
12. Church of God of Prophecy Site Plan Approval 215 Seats
NE corner of SW 4th Not yet under
Street and SW 4th Avenue Construction
13. New Jerusalem Spiritual Possibly vacant 99 Seats
Church - NE corner of
SW 3rd Street and SW
13th Avenue
Subtotal 823 Seats
Total 1,385 Seats
There is a high concentration of existing churches east and south
of the proposed church, the nearest churches being located
approximately 1 1/2 blocks south and southeast. Due to this
churches limited seating capacity (less than 100 seats), its
impact with respect to cumulative church traffic should be
minimal.
P&Z Staff Report
New Jerusalem Church of God in Christ - Conditional Use Approval
Page 6
Standard #9 (height of buildings)
Pursuant to Code Section 173.096, the maximum height for
structures other than single family dwellings allowed within the
R-1A zoning district is 48 feet. The proposed building has a
maximum height of 38 feet. The building height is not compatible
with the height of the single family dwellings, however it is
less than the maximum height allowed.
Standard #10 (economic effects on adjacent properties)
The establishment of this use should not create an adverse
economic impact on adjacent properties, if an effort is made to
be harmonious with the adjacent residential uses (i.e. setbacks,
elevations, etc. ) .
TECHNICAL ITEMS:
Though the conditional use is the only action before the Board, a
sketch plan accompanied the request. Upon staff review, the
following code deficiencies were identified. With the site plan
submittal these items must be addressed.
1- Pursuant to Code Section 173.772(A)(3), the minimum distance
between the property line and the first parking space
backing into an entrance or exit for parking lots in excess
of 30 spaces is 20 ft., 10 ft. has been provided.
2. Pursuant to Code Section 173.772(D)(4), landscape islands
shall be placed at the end of parking rows and at intervals
of no more than 10 parking spaces. Two landscape islands
are required along the north parking tier.
3. Pursuant to the State of Florida's Handicapped Accessibility
Requirements Manual, 29 ft. is required for two handicapped
spaces, 24 ft. is provided. The 5 ft. ramp area is to be in
addition to the 12 ft. handicapped spaces.
4. With the proposed location of the handicapped ramp, persons
parking in the handicapped parking spaces will not be able
to properly utilize the ramp. Therefore, relocate the ramp
to the north side of the porch.
5. The eastern most parking space of the north parking tier
must be striped for turnaround purposes and posted "No
Parking".
6. As the 6 ft. back-up manuevering apron directly abutts the
building, provide a 5 ft. separation between the paved area
and the building and provide foundation planting within this
area.
7. Pursuant to Code Section 172.17(1), a 5 ft. sidewalk must be
provided along S.W. 7th Avenue. All sidewalks are to extend
through driveways and are to be located at the edge of
right-of-way.
I
P&Z Staff Report
New Jerusalem Church of God in Christ - Conditional Use Approval
Page 7
8. Based upon data provided, the applicant is required to have
14 interior trees. Three palms are equal in value to one
shade tree. The applicant has only provided the equivalent
to 4 1/3 interior trees.
9. Pursuant to Code Section 173.772(0)(2), 10' of the total
square footage of paving used for parking and accessways
shall be interior green space. This requirement does not
appear to have been met. To verify, indicate the amount of
interior green space provided.
10. Provide 25 ft. spacing between trees along the south
property.
I!. Pursuant to Code Section 159.29(A)(I), hedges adjacent to
S. w. 3rd Street and S.W. 7th Avenue must be planted on the
interior perimeter of the required landscape buffer.
12. Pursuant to Code Section 173.772(D)(4), landscape islands
shall be protected with 6" nonmountable curbs.
13. Platting of the property is required.
14. Provide conceptual drainage plan for paved parking surface.
15. The driveway on S.W. 8th Avenue shall be a minimum 25 ft.
from the intersection of S.W. 8th Avenue and S.W. 3rd
Street, 23 ft. is indicated.
16. Stop sign and stop bar to be located on the property, not in
the right-of-way.
17. Provide stop sign and stop bar at one way exist drive.
Review by Others:
Community Redevelopment Agency
At its meeting of September 24, 1990, the C.R.A. reviewed the
development proposal and had no objections to the church use.
ASSESSMENT:
The traffic impact from this use may not significantly impact the
adjacent properties. However, it will be supplementing the
traffic that is created from the existing churches within the
residential area. If local residents express a concern over the
current traffic volumes created by the existing church uses, it
may be appropriate to prohibit the establishment of new churches
within this area.
P&Z Staff Report
New Jerusalem Church of God in Christ - Conditional Use Approval
page 8
ALTERNATIVE ACTIONS:
1. Continue with direction.
2. Recommend denial of the Conditional use request based
upon a failure to make positive recommendations with
respect to Standard No. 8 (Compatibility) pursuant to
Section 173.848 (Standards for Evaluating Conditional
Uses) .
3. Recommend approval of the Conditional use request based
upon positive findings pursuant to Section 173.848
(Standards for Evaluating Conditional Uses and
subject to the following conditions:
A. The alley abandonment petition be acted upon by
the City Commission, prior to a site plan
submittal,
B. Processing of a site plan application pursuant to
the Land Development Regulations adopted October
1, 1990 and addressing all the items listed under
the "Technical Items" section of this report.
C. Upgrade the existing 2" water main located along
s. w. 3rd Street to an 8" main, between s.w. 7th
Avenue and S.W. 8th Avenue.
D. Installation of a 13 ft. shell rock road within
the S.W. 7th Avenue right-of-way from S.W. 3rd
Street to the driveways of the two single family
homes (Lot 38, Block 8 and Lot 9, Block 16) prior
to issuance of a building permit.
E. That the applicant pay a pro-rata share of the
improvements for that portion of the subject
property that fronts along S.W. 7th Avenue.
F. That the allowed uses are limited to a church for
worship and ancillary church uses, 1. e. choir,
bible study, etc., with the intensity of the
church to be limited to seating as established by
the available on-site parking. Ancillary uses are
not to include day care, nursery, and school
functions.
RECOMMENDED ACTION:
No staff recommendation is set forth at this time in that the
neighborhood compatibility and economic impact concerns must be
assessed after public testimony at the public hearing.
Attachments: Radius Map
Site Plan
JC/#4/JERUS.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # - MEETING OF OCTOBER 23 1990
SITE PLAN APPROV L- MOTOR VEHICLE INSPECTION STATION
DATE: October 19 I 1990
We received a request for site plan approval for a Motor Vehicle
Inspection Station located on the east side of Congress Avenue, south
of S.W. 29th Street. The development proposal consists of the
construction of a 6,813 square foot, six lane vehicle inspection
station. Provisions for an additional lane are included for future
expansion. Five lanes will be used for emission testing and one lane
will be for optional brake, lights, and related inspections. The
balance of the building will contain office space and auxiliary
mechanical space.
In addition, the development proposal provides for a 161 foot wide
sodded open space area along Congress Avenue. This area is to be
considered as an open space tract and therefore, approval of this
development in no way infers future development rights within this
area.
The Planning and Zoning Board at their October 15th meeting
recommended approval subject to conditions. A detailed staff report
is attached as backup material for this item.
.
I
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
Q~ \4UCrP
FROM: ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 23, 1990
SITE PLAN APPROVAL - VEHICLE EMISSIONS TESTING FACILITY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a site plan.
The action is being taken under the pre-LOR development
regulations i.e. Chapter 173 of the zoning code.
The project is for establishment of a State regulated
emissions testing facility. It is located approximately
three ( 3 ) acres of land within the Corporate Tech Center
(south Congress by the Sun Sentinel Building).
BACKGROUND:
This site has had previously approved development plans for
various types of commercial/industrial use. The most current
plan was approved in October, 1989. It will be superseded by
this proposed development.
The project is fairly straightforward and early problems
pertaining to site design have been accommodated. Please refer
to the P&Z Staff Report for a more complete description and
analysis of the request.
.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at its
meeting of October 15th. While some folks were present early in
the evening and were concerned with traffic, no one spoke in
opposition when the item was finally considered by the Board.
The Board has forwarded the site plan with a unanimous
recommendation of approval subject to conditions as provided in
the Staff Report.
I
City Commission Documentation
Site Plan Approval - Vehicle Emissions Testing Facility
Page 2
RECOMMENDED ACTION:
By motion, approval of the site and development plan for the
proposed emissions testing facility on Congress Avenue pursuant
to the findings and conditions as recommended by the Planning and
Zoning Board.
Attachment:
* P&Z Staff Report of October 15, 1990
REF#73/CCEMISS.TXT
.
I
-/(_~N' I NG B ZONING BOARD STAFF REPORT
--- - -
::ITY OF OELRAY BEACH
ETrNG o:tTE: OCTOBER 15. 1990
AGEI\OO ITEM: V.C.
Site Plan for Motor Vehicle Emissions Testing Facility to be Located on Lot 2 (vacant)
Ilr~:of the Corporate tech Center. East side of ConQress Avenue. North of the L-30 Canal.
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sr"JERAL DATA:
OWner...........................Timothy Cracchiolo
Applicant.......................Systems Control, Incorporated
Agent...........................Jan Hansen
Location........................East side of Congress Avenue
south of Southwest 29th Street
Property Size...................2.99 Acres
City Land Use Plan..............Commerce
City Zoning.....................MIC (Mixed Industrial and
Commercial)
Adjacent Zoning.................North and South of the subject
property is zoned MIC, East is
1-95 and RR (Rural Residential),
and West is RM (Multiple Family
Residential Medium Density)
Existing Land Use...............Vacant
Proposed Land Use...............Motor Vehicle Inspection Station
Water Service.. ..... ............Existing 8" water main along
southern end of property ITEM: v.c
Sewer Service.... ...............Existing 8" sanitary sewer along
the east side of Congress Avenue
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation on
the Site and Development Plan for Lot 2 of the Corporate Tech
Center. The property is located on the east side of Congress
Avenue just north of the south City boundary.
BACKGROUND:
This development proposal is one lot of a master planned
development which is made up of four individual lots. A sketch
plan for all four lots was reviewed by the Planning and Zoning
Board in August of 1983. The Corporate Tech Center Phase 1 final
plat which contained the north three acre lot was recommended for
approval by the Planning and Zoning Board on December 27, 1983.
City Commission approved the final plat on January 10, 1984.
(Prior to 1985, industrial developments were not required to
undergo a separate site plan review.) Thereafter two single one
story manufacturing/office and warehouse buildings totaling
44,000 sq. ft. were constructed.
A preliminary plat containing the southern three lots entitled .-
"Corporate Tech Center Plat Not 2" was approved by the Planning \
and Zoning Board on November 27, 1984. The "Corporate Tech
Center Plat No. 2" final plat received recommendation of
approval from the Planning and Zoning Board on January 29, 1985.
City Commission approval was postponed pending resolution of
access concerns between lots. Approval by City Commission was
given for the final plat on October 28, 1986.
No record of site plan approval was found for the development of
lot 1 of the Corporate Tech Center Plat No. 2 ( though it appears
to correspond with preliminary plat approval of Nov. 1984) . Lot
1 has been developed with two single story manufacturing/storage
and office buildings totaling 43,000 sq. ft. The buildings were
built and now house a variety of industrial uses.
A Site Development plan and Conditional Use request for a 43,250
sq. ft. four story office building on Lot 3 received a
recommendation of approval from the Planning and Zoning Board on
May 20, 1985. City Commission approved the request on September
24, 1985. The building was constructed and now houses the Sun
Sentinel offices.
Two prior site development plans were submitted for Lot 2. The
first was for a 43,248 sq. ft. four story professional office
building and an out parcel of 9,490 sq. ft. The development
proposal received a positive recommendation from the Planning and
Zoning Board on March 17, 1987 and was approved by City
Commission on March 24, 1987. That site plan was valid for 18
months and has since expired.
P&Z Staff Report
Florida Motor Vehicle Inspection Station
Page 2
The second, was a request to construct two single story
office/warehouse and manufacturing buildings containing a total
floor area of 48,854 sq. ft. The development received a positive
recommendation from the Planning and Zoning Board on October 16,
1989 and approval by the City Commission on October 24, 1989.
That site plan is valid for 18 months. A new development
proposal on Lot 2 is now before you.
PROJECT DESCRIPTION:
The current development proposal is to construct a 6,813 sq. ft.
motor vehicle inspection station consisting of 6 testing lanes
and 1 future expansion lane. Six (5 now, 1 future) of the
testing lanes will be for emission testing while 1 lane will be
for optional inspection of brakes, lights, etc. The balance of
the building will contain office space and auxiliary mechanical
space.
The internal circulation system will include 300 ft. of on site
storage per inspection lane. Ingress and egress to the site will
be via a 53' accessway (4 lane section) which will be shared
between Lot 2 and Lot 3 to the south.
The development proposal includes a 161' wide sodded open space
along Congress Avenue. This area is to be considered an open
space tract and this development approval in no way infers future
development rights within this area. If future development is
contemplated a site development approval and subdivision of the
property will be required. Any future development will be
required to retain the 30' perimeter landscape buffer along
Congress Avenue and retain the ability to enter the parcel from
the Vehicular Inspection site.
SITE PLAN ANALYSIS:
The site plan has been reviewed using criteria outlined in
Section 173.865 "Standards for Evaluating Site and Development
Plan Applications". A revised submittal was received on October
5, 1990 and the following review is based on that submittal;
Standard A (Sufficiency of Materials)
This standard has been met with an acceptable submittal.
Standard B (Density Impact of the Proposed Use)
The development proposal is in-fill development which is flanked
by office uses to the south and industrial uses to the north.
The development is bordered to the east by I-95 and to the west
across Congress Avenue by a multi-family development (Delray
Oaks) .
.
I
P&Z Staff Report
Florida Motor Vehicle Inspection Station
Page 3
The original sketch plan proposal for this site, reviewed by the
Planning and Zoning Board in 1983 contained two industrial
buildings and parking around the perimeter. The current proposal
though less intensive in floor area and number of parking spaces
is more intensive with respect to traffic impact. Traffic
impacts are to be mitigated by on-site circulation and storage
patterns as well as off-site improvements to the medians in
Congress Avenue.
Standard C (Ingress and Egress)
Access to the site will be via a j oint entry ( 53' ingress and
egress easement) located on the lot line between Lots 2 and 3.
Currently a 24' ingress\ egress easement is noted on the
Corporate Tech plat No. 2 . With this development proposal an
additional 29' of ingress\egress easement at Congress Avenue and
17' internal to the site will be provided.
Pursuant to Palm Beach County traffic design standards the lanes
exiting the site should have minimum stacking distances of 100'
to accommodate the projected traffic volumes. However, under the
current development plan only 90'per lane is provided.
Accommodation of the 100' stacking distance would close a
proposed median in the common accessway thereby restricting
access from the office building parking area to the south as well
as an access point to the front open space parcel. Because of
the potential negative impacts the 90' of stacking provided is
deemed to be adequate.
On the site plan, paving and drainage plans, and sewer and water
plans an access point into the open space tract is shown from the
shared ingress/egress easement. This access point is located
where two lanes of exiting traffic from the inspection site
as well as cross traffic from the office use to the south
intersect. This proposed location is not acceptable and must be
removed from each of the applicable plan sheets.
The traffic study which accompanied the development request
recommended the following off-site improvements;
That the existing southbound left turn lane in the median on
Congress Avenue be reconstructed to provide 110' of
southbound storage.
That the northbound taper in the Congress median at s.w.
29th street be adjusted to provide 110' of storage and a
140' taper area.
Construction drawings have been provided for these improvements.
Permitting is required through Palm Beach County.
I
P&Z Staff Report
Florida Motor Vehicle Inspection Station
Page 4
Standard D (Parking and Loading)
Pursuant to Section 173.773 (C) all industrial uses require three
parking spaces per 1,000 sq. ft. of total floor area, resulting
in a total requirement of 21 parking space. However, this
proposal is not clearly a industrial or commercial use. The
applicant has utilized a combination of the 4 spaces per bay for
service station uses and 3.5 spaces for the ancillary office uses
as a basis for calculating parking needs. Using this
combination, the total required parking is 27 parking spaces.
Twenty seven parking spaces have been provided.
This site shares a common accessway with the office development
to the south. The office center currently has 10 parking spaces
which back out into the shared ingress/ egress way. Wi th the
increased traffic utilizing the shared roadway back-out parking
would create a undesireable situation, as well as one which would
not be allowed pursuant to Section 173.772(A)(2)(b). The
applicant is, therefore processing a concurrent nonimpacting site
plan modification to Lot 3, removing the existing parking spaces
and converting them to landscaped area.
Pursuant to Section 173.791 one loading berth is required for
automobile service uses. The applicant has provided a loading
area in the first inspection lane adjacent the office area and
mechanical room. As the loading area will be internal to the
building as well as having a dual function, it is not clear if it
meets the requirements of Section 173.791. The applicant has
requested a hardship waiver pursuant to Section 173.793 due to
the unique loading characteristics of the use. Discussions with
the Chief Building official who is empowered to grant the waiver
indicate the waiver will be granted.
Standard E (Screens and Buffers)
Pursuant to Section 173.036 (B)(3)(a) a "row of trees located not
more than ten feet apart having a minimum height of eight feet at
installation is required along the east property line. The
district boundary treatment is to be provided where industrial
land separated by 1-95 abuts residential property". Pursuant to
Section 159.30 the trees are to be a minimum of 12' in height.
The development proposal provides trees 30' on center and 12' in
height.
The City Horticulturist has recommended that along the east
property line the proposed Wax Myrtles be planted 20' on center,
instead of 10' as required. This is recommended as the 10'
spacing does not allow for the mature spread of tree canopies.
This reduction in spacing can be accomodated by either changing
the code or by seeking a varience from the Board of Adjustment.
If the appplicant is going to seek a variance the Board may want
to make a formal recommendation to the Board of Adjustment.
I
P&Z Staff Report
Florida Motor Vehicle Inspection Station
Page 5
A 12' drainage easement and drainage ditch exists along the east
property line. The required landscape material along the east
was originally proposed in conflict with the ditch. With the
revised site development plan the applicant has provided between
13.5' and 16.5' along the east to accommodate the landscaping
outside the drainage ditch.
Along the west property line (Congress Avenue), the 30' landscape
buffer required pursuant to Section 173.070(N) has been provided.
Trees 30' on-center, hedging and underplantings pursuant to
Section 159.30 have been provided.
Along the south property line a 53' ingress and egress easement
straddles the property line. The easement was required as a
condition of approval of the Lot 3 site development plan.
Pursuant to Section 159.30 a minimum of 5' landscape strip is
required between vehicular use areas and the property line. As
this requirement is impractical in this situation; as well as
conflicting with site development requirements assuring access to
both parcels it is recommended the requirement be waived. As a
waiver was not processed in conjunction with the development of
Lot 3, it should be processed with this development proposal.
Along the north property line trees 30' on center and hedging is
provided.
Standard F (Drainage)
Drainage is provided via exfiltration trenches which overflow
into two on-site retention areas. No problems have been
identified. A 12' drainage easement containing a drainage ditch
exists along the east property line. This ditch serves an an
overflow for the exfiltration trenches which drain the parcels to
the north and south.
Standard G (Sanitary Sewers)
Sanitary service is provided via a 6' sewer lateral extended into
the site from the existing 8" sewer main along the east side of
Congress Avenue. The sewer main empties into an existing lift
station located on Lot 1 to the north.
Standard H (Utilities)
Water service is provided via an existing 8" main which extends
through the site parallel to the east property line. This main
is part of an internal system which services the three lots of
the Corporate Tech Plat No. 2. A fire hydrant is to be installed
on the existing main east of the proposed building. It is noted
that the hydrant is proposed outside the existing 12 ' utility
easement. The hydrant must be relocated within the easement or
an additional easement area provided. It is further noted that
with further development of the site Le. front open space,
additional hydrants may be required.
I
P&Z Staff Report
Florida Motor Vehicle Inspection Station
Page 6
Potable water service is provided to the Motor Vehicle Inspection
building by a 1" water meter and service line.
Standard I (Recreation and Open Space)
Industrial development does not have a recreation requirement.
The amount of open space provided is a function of internal and
perimeter landscaping requirements pursuant to Section 159.30
(A)(I), 159.29 and 173.030 (N) . The required minimums have been
provided.
Standard J (Site Development compatibility with adjacent and
nearby properties).
This development proposal is aesthetically incompatible with
adjacent industrial uses to the north and south. However, these
uses are aesthetically superior to those normally found within
industrial areas. The Site Plan Review and Architectural Board
has required aesthetic upgrading to minimize the impact (see
discussion under "Review by Others" section.
The residential uses to the west are visually protected via a 30'
wide landscape buffer as well as the Congress Avenue right-of-way
corridor. The I-95 corridor abuts the parcel to the east and
with the buffering required pursuant to Section 173.036 (B) (3) (a)
the residential uses east of 1-95 will be protected.
Other Site Plan Matters:
Though with the resubmittal most of staff concerns have been
addressed, the following outstanding comments remain outstanding;
1- An additional tree is required along the north property
line. It appears one tree has been omitted along the north
property line.
2. Curbed landscape islands have been proposed in the shared
accessway. A landscape design plan for these islands must
be provided.
3. Intermediate plantings should be provided beneath the Sabal
Palms, except were it will create a sight distance hazard.
With the potential future subdivision of the open space parcel
along Congress Avenue, the following is noted:
Pursuant to Section 173.030 the depth of the landscape
strip along Congress Avenue is dictated by the depth of the
property. With subdivision the depth of the property would
be greatly reduce as would the landscape strip requirement.
As we are currently dealing with a single owner, and to
avoid future misunderstanding the landscape buffer
.
P&Z Staff Report
Florida Motor Vehicle Inspection Station
Page 7
requirement should be based on this entire parcel depth and
remain at a minimum of 30' regardless of any future
subdivision.
REVIEW BY OTHERS:
On September 26, 1990 the Site Plan Review and Architectural
Board reviewed the landscape plans and elevations. The Board
gave direction to the applicant that the elevations be made less
obtrusive via the installation of a stucco veneer on the east and
west elevations. The revised elevations have provided these
improvements and will be before the Board at their October 10,
1990 meeting. At the writing of this report no information is
available on the Board's action.
ASSESSMENT:
The current development proposal is much more intensive the the
previous development proposal with respect to traffic impact.
These impacts are to be mitigated by off-site improvements to
Congress Avenue and by providing in excess of 300' of on-site
stacking per lane.
The site development plan is also less aesthetically pleasing
than previously approved plans which were more consistent with
the quality of adjacent development to the north and south. The
negative impacts of this building have been mitigated by facade
improvements, provision of a substantial setback from Congress
Avenue (161' ) and by orientated the site layout 1. e. overhead
door elevations away from both 1-95 and Congress Avenue.
Compliance with the district boundary code requirement of a solid
tree line along the 1-95 as well as the 30' landscape buffer
along Congress Avenue will help to buffer the building from
adjacent rights-of-ways.
ALTERNATIVES:
1. Continue with direction.
2. Recommend approval upon positive findings with respect to
Section 173.867 "Standards for Evaluating Site and
Development Plan Applications" subject to conditions.
3. Recommend denial based upon a failure to make a positive
finding with respect Standard J (Compatibility) of Section
173.867 "Standards for Evaluating Site and Development Plans
Applications"
I
, . .
P&Z Staff Report
Florida Motor Vehicle Inspection Station
Page 8
RECOMMENDATIONS:
Recommend approval upon positive findings with respect to Section
173.867 "Standards for Evaluating Site and Development Plan
Applications" and subject to Conditions ( I) thru ( 7 ) below and
forward a positive recommendation to the City Commission for a
waiver from Section 159.30 (Perimeter Landscaping)
1- Submission of revised water, sewer paving and drainage plans
addressing the following:
* Relocation of the fire hydrant into the 12' easement
area or dedication of additional easement area.
2. Submission of revised landscape plan addressing the
following:
* Provide for the installation of trees 10' on center and
12' in height along the east property line.
* Provide additional landscape material in the central
islands in the joint accessways between Lots 2 and 3.
* Provide intermediate plantings beneath the Sabal Palms,
except where it will create a site distance hazard.
3. Approval of a nonimpacting site plan modification for the
changes required to Lot 3 1. e. removal of back-out parking.
4. Subject to the elimination of the proposed access point into
the open space tract from the site plan, paving and drainage
plan, and sewer and water plan.
5. The retention of the 30' landscape buffer along Congress
Avenue regardless of any future subdivision of the
property.
6. Dedication of the additional 29' of cross access easement
for the common accessway.
7. Issuance of all required permits from Palm Beach County for
off site improvements to Congress Avenue.
PD/#34/MOTOR.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER &0
SUBJECT: AGENDA ITEM # '1 F - MEETING OF OCTOBER 23, 1990
REQUEST FOR CONDITIONAL USE AND SITE PLAN EXTENSION- WALLACE
DATE: October 19, 1990
We received a request for conditional use and site plan extension for
the Wallace Auto Dealership site located on the north side of S.E.
10th Street, between S.E. 5th and 6th Avenues (Federal Highway). The
development proposal for this site consists of upgrading the existing,
vacant, automobile dealership and expanding it into a full-service
automotive dealership.
This project has a long development history. This was originally the
site of the Wallace Nissan Dealership. In 1985 a proposal to relocate
the Nissan Dealership from Federal Highway to Germantown Road was
discussed. In 1986 a rezoning application was processed to
accommodate the relocation, as was, a voluntary agreement placing a
deed restriction on the Federal Highway site prohibiting all
automobile uses. That deed restriction was to run with the land until
November 1, 1988. A requirement of that restriction was that the City
would initiate rezoning of the property to GC (General Commercial
District) prior to that November 1st date. Subsequently, rezoning
action was never initiated and the deed restriction became void.
There have been several development proposals. The first proposal,
considered and approved in May 1989, consisted of a request
for conditional use and site plan approval for a proposed new
automobile dealership. A subsequent proposal, considered in April
1990, consisted of a request for conditional use and site plan
approval for a proposed gasoline station. The later proposal was
withdrawn prior to Commission action. Therefore, the action before
you is for extension4cti~n of the approved conditional use and site
plan for the new automobile dealership. It should be noted that since
the action taken in April 1990, no further land use activity, such as,
platting; abandonment; or the revision of plans have occurred.
Since this petition was made prior to the adoption of the Land
Development Regulations, it is being reviewed in accordance with the
"old" City Code. The Planning and Zoning Board at their October 15th
meeting recommend approval of the extension request for 18 months,
subject to conditions by a 6-1 vote (Currie dissenting). A detailed
staff report is attached as backup material for this item.
. ,
.,
C I T Y COMMISSION DOCUMENTATION
TO: ~YL LEVERETT, ADMINISTRATIVE ASSISTANT III
l\jOv'-lN Y-QjuQ~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 23, 1990
EXTENSION OF A PREVIOUSLY APPROVED CONDITIONAL USE
REQUEST AND ATTENDANT SITE PLAN - WALLACE AUTO
DEALERSHIP ON U.S. #1
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an extension to a previously approved
conditional use and attendant site plan.
The action is being taken under the pre-LDR development
regulations i.e. Chapter 173 of the zoning code.
The project is a proposed automobile dealership. It is
located on U. S. #1 between S.E. 9th Street and S.E. 10th
Street.
BACKGROUND:
The conditional use and attendant site plan under consideration
for extension was initially approved by the City Commission on
May 23, 1989. It is valid until November 23, 1990. The request
for extension was made in order to keep the approvals valid
without having to reprocess.
The use remains consistent with the Comprehensive Plan. There
has been new information which may affect the site plan
configuration in that additional dedication of right-of-way may
be required and a sewer main extension to the south is required.
Please refer to the Planning and Zoning Board Staff Report for a
complete description of the project and its analysis.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at its
meeting of October 15th and has forwarded it with a
recommendation that an eighteen month extension be granted
subject to conditions as contained in the staff report. The vote
on the motion was 6-1 (Currie in opposition).
.
City Commission Documentation
Extension of a Previously Approved Conditional Use
Request and Attendant Site Plan - Wallace Auto
Dealership on U.S. #1
Page 1
RECOMMENDED ACTION:
By motion, approval of an eighteen (18) month extension to the
previously approved conditional use and attendant site plan subject
to the findings and conditions as recommended by the Planning and
Zoning Board.
Attachment:
* P&Z Staff Report of October 15, 1990
DJK/#73/CCEXT.TXT
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
TO: PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
DQA~ .J \~.CLJ~ ---
THRU: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: JASMIN ALLEN, PLANNER I ~
SUBJECT: AGENDA ITEM V. E. REGULAR MEETING OF OCTOBER 15, 1990
CONSIDERATION OF A REQUEST FOR TIME EXTENSION FOR THE
WALLACE DEALERSHIP FEOERAL HIGHWAY
THE ITEM BEFORE THE BOARD:
The action requested of the Board is that of making a
recommendation to the City Commission on whether or not to grant an
extension to the previously approved conditional use and site plan
for the Wallace Dealership located between the Federal Highway
pairs.
BACKGROUND:
The site's development history dates back to 1971 prior to the
requirement of conditional use and site plan approval. The first
auto related building was constructed in 1971. Construction of the
existing 2 story parts and office building in the northeast corner
followed in 1975. The existing office/service building was
constructed in 1981, and the existing car wash in 1982. The
facility was then used as a Nissan Dealership.
A proposal to relocate the Nissan Dealership was discussed before
the Planning and Zoning Board on October 24, 1985. The discussion
involved the relocation of the existing dealership from Federal
Highway to Germantown Road, via a zoning swap which combined the
Nissan Dealership with the Ford/Subura Dealership at Germantown
Road and Linton Boulevard.
In June, 1986 the Planning and Zoning Board received a formal
rezoning request for 4.02 acres at the northeast corner of
Germantown Road and Linton Boulevard. Per discussions of October
24, 1985 a voluntary agreement to place a deed restriction on the
Federal Highway site, prohibiting all automobile uses, and a
covenant running with the land, accompanied the request. The
covenant was to run with the land until November 1, 1988, at which
time it would become null and void. In the deed restriction, the
City was required to initiate rezoning the property to GC (General
Commercial) prior to November 1, 1988.
---
V,t::-
.
P&Z Staff Report
Wallace Dealership Extention
Page 2
On June 21, 1986, the Planning and Zoning Board recommended
approval of the Germantown Road/Linton Boulevard rezoning request.
On August 18, 1986, the conditional use and site plan was before
the Board, and based on a perception that the voluntary deed
restriction offer was not being provided, recommended denial and
rescinded the previous recommendation of approval on the rezoning.
The applicant reinstated his voluntary offer of deed restriction
and the City Commission approved the Germantown Road and Linton
Boulevard rezoning, conditional use and site plan on October 14,
1986.
Between the time the property was vacated and November 1, 1988,
when the deed restriction became null and void, the City Commission
did not exercise its option to rezone the land to GC.
On May 15, 1989 the Planning and Zoning Board considered a request
for major site plan modifications and conditional use approval for
the Wallace Dealership. This conditional use was approved by the
City Commission on May 23, 1989, and is valid until November 23,
1990.
Subsequent to that approval, a different development proposal which
sought the establishment of a gasoline station at the southern
portion of the site was considered by the Planning and Zoning Board
on April 16, 1990. This petition was subsequently withdrawn prior
to action by the city Commission.
No further land use activity e.g. platting, abandonment, the
revision of plans pursuant to the conditions of approval have
occurred.
On September 28, 1990, a request for extension was submitted. The
request was timely in that the approval does not lapse until
November 23, 1990. This extension request is subject to processing
pursuant to the pre-LDR code amendments.
PROJECT ANALYSIS:
Since this petition was made prior to the adoption on the Land
Development Regulations i.e. October 1st, it is being reviewed
in accordance with the "Old Codes" i . e. Section 173.849 which
allows a request for an extension to be evaluated against the
"Standards for Conditional Use and Site Plan" set forth in Code
Section 173.848".
The purpose of review of a project in its totality at the
expiration of its approval period is to:
a. Determine if there have been changes in the City's developmer
regulations, which are to apply to the project;
b. Determine if there have been changes on adjacent or
properties which warrant modi f ication to the existi'
plan; and,
.
P&Z Staff Report
Wallace Dealership Extention
Page 3
c. Determine if there have been other changes in circumstances
which no longer warrant the project being developed as
previously approved.
Changes to the City's Development Regulations:
Since approval of the conditional use and site plan, the following
events have occurred:
1. The City's Comprehensive Plan has been adopted. The following
policies which pertain to extension 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".
Objective A-7: "For any land use project which requires
review and action by the Local Planning Agency (LPA> or the
City Commission, 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 Highway Commercial
under the Community Redevelopment Plan to General Commercial. With
the recent Citywide rezonings the property is now zoned AC <Auto
Related Commercial)
A review of the Comprehensive Plan policies reveal the following
policies having profound impacts on the site development.
* Policy A-2.2 of the Traffic Element states:
Commensurate with approval of development plans, provisions
shall be made for dedication of land for the ultimate planned
right-of-way of adjacent streets. Such dedication shall also
include sufficient right-of-way for expansion of intersections
pursuant to the Palm Beach County Thoroughfare Plan.
.
P&Z Staff Report
Wallace Dealership Extention
Page 4
The County Thoroughfare Plan revised March 20, 1990 requires 80'
right-of-way for S.E. 6th Avenue and S.E. 5th Avenue. In addition,
Lowson Boulevard (10th Street) is designated (per the City
Comprehensive Plan) as a City collector with a ultimate
right-of-way of 80 feet.
The implications of these requirements would result in a
right-of-way taking of 15 feet on 10th Street; 10 feet on S.E. 6th
Avenue; and 7 feet on S.E. 5th Avenue.
Policy A-4.4 (Capital Improvements) New development shall be
required to extend public utilities for water, sewer, and
drainage to the furthest portions of the property which is
being developed in a manner so that adjacent property will
have access to the facilities. This policy shall apply in all
cases unless it is determined by the City Engineer that no
good purpose is served by such extensions and no other
development will occur at the end of such extensions.
The implications of this policy would require the extension of the
8" sewer main to the south property line and the provision of a
manhole and stub-out. Initially, it was thought that there would be
no sewer connections to the south, thus no need to extend the main.
Upon review at this time, the Utilities Department feels that it is
more appropriate to have the sewer main extended as opposed to
constructing a sewer main under Federal Highway. The extension of
this main for further off-site connections would prohibit the
privatization of this utility as previously recommended and would
necessitate modifications to the canopy write-up area.
Chanqes to Adiacent or Nearby Properties:
There have been no physical changes to adjacent properties.
other Changes in Circumstances:
There have been no changes in other circumstances which would
impact this development.
Previous Conditions of Approval:
As previously stated, the conditions of approval have not been
addressed. The following outline those conditions.
1- Obtaining a Variance from the Board of Adjustment from Section
173.510(A)J(7)(d) for the loading area location or an opinion
from the Chief Building Official and/or City Attorney that a
Variance is not required.
2. Recording of a Final Plat prior to issuance of a Certificate
of Occupancy.
P&Z Staff Report
Wallace Dealership Extention
Page S
3. Providing verification that dead end water system meets
minimum fire flow requirements.
4. Providing documents privatizing existing utilitjes within the
16 foot alley.
S. Submittal of a revised site plan addressing the following;
* Provide center line pavement markings along the drive to
the southeast of the five future service bays.
* Provide an additional 16 employee parking spaces.
* Provided "Left Turn Only" signs instead of "No Right
Turn" at ingress and egress to Federal Highway.
6. Submittal of revised Water and Sewer Plans addressing the
following:
* Provide location of water meters, grease traps, and
backflow preventers.
7. Submittal of revised Paving and Drainage Plans addressing the
following:
* Provide stop bars at all exits.
ASSESSMENT:
There has not been any apparent progress on this project since it
was initially approved. In fact the intervening development
proposal i.e. gasoline station would indicate that a bonafide
attempt to proceed with development has not been made. However, the
owner would like to maintain the conditional use/site plan
approval. Thus, any extension approval should consider the
requirement of due diligence in wrapping up the planning and
permitting aspects of this project.
ALTERNATIVE ACTIONS:
1. Recommend approval of extension request for a specific period
of time based on the findings that: - the development is
consistent with the Future Land Use Map designation and
current AC zoning;
If a recommendation of approval is made, the following
conditions shall be in addition to the previous conditions
attached thereto:
.
P&Z Staff Report
Wallace Dealership Extention
Page 6
A. In lieu of item #3 under "Previous Conditions", it is
recommended that the existing main at the intersection of
S.E. 10th and S. E . 5th avenue be extended via a 8" main
to connect and tie into the proposed main at fire hydrant
#2. This connection may require jack and bore S.E. 5th
Avenue.
B. Extend the 8" sewer main southward to the south property
line and provide a manhole and stub-out.
C. Amend #4 under "Previous Conditions" not to include
privatizing the sewer main.
D. That prior to submittal of a final plat, written
determination be provided from Palm Beach County
regarding the exact right-of-way takings for S.E. 5th and
6th Avenues. In addition, a determination must be
provided with respect to the final right-of-way needs for
S.E. 10th Street.
E. Once the dedication of additional right-of-way has been
determined, the applicant shall process a revised site
plan simultaneously with processing a final plat to
accommodate any right-of-way takings and the internal
changes to accommodate the extension of the sewer main.
2. Deny the request based on the findings that there has not been
a bonafide continuous effort to develop the site and if the
project is to be pursued later, it should be processed anew
under the recently adopted LDRs
RECOMMENDATION:
By motion, recommend to the City Commission that the Conditional
Use and Site Plan approval for the Wallace Dealership Federal
Highway be extended subject to Alternative #1.
Attachments:
Request letter of September 28, 1990
Reduced Site Plan
Project Data Sheet
JA/#48/WALLACE.TXT
. .,.
, -
.
FORO-SUBARU
1-95 and linton Boulevard
P.O. Box 9002
DELRAY BEACH, FLORIDA 33447-9002
Delray 278-0303. West Palm Beach 732-0895. North Broward 427-6900. South Broward 932-7678
September 26, 1990
Mr. David Kovacs,
Planning Director
Ci ty of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Former Wallace Nissan dealership
North Federal Highway, between 9th and 10th Streets
Dear Mr. Kovacs,
I respectfully request an extension of time for our conditional use approval
and site plan and development approval in accordance with the Code, Sections
173.849 and 173.868.
Your favorable consideration of this request would be appreciated.
WLW/gjs
~
~~(cffi:nW!E!ID 1
, t:'~ 1~90 ~
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JLANN I NG B. ZON 1 NG BOARD
- - - STAFF REPORT _.
: I TY OF OELRAY BEACH
l-Ar-~TING o=ITE: OCTOBER 15, 1990
AGe.o=l ITEM: V.E.
I'-~: REQUEST FOR EXTENSION FOR THE WALLACE AUTO DEALERSHIP SITE AT FEDERAL HIGHWAY
AND S.E. 9th STREET
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:I'i/)..-i;-~ .~~ PARK !/ \ ::._......~ ",~'J !~~
) (:=t\fERAL DATA:
Owner...........................Blll Wallace
Agent...........................Hark Harsh, Digby Bridges, Marsh
and Associates, P.A.
Locatlon........................North sIde of Southeast lOth
Street, between Southeast 5th
Avenue and Southeast 6th Avenue
Property Slze...................2.163 Acres
City Land Use Plan..............General Commercial
City Zonlng.....................AC (Automobile Commercial
Adjacent Zoning.................North, East, and West of the
subject property is zoned GC
(General Commercial). South Is
zoned PC (Planned Commercial).
ExIsting Land Use...............Vacant dealership
Proposed Land Use...............Expansion and upgrading of the
vacant dealership into full-
service automotive dealership.
Water Servlce...................Exlsting on-site. New 6" and B"
maIn extensions (rom 12" main
located on the east side of
Southeast 6th Avenue proposed for
fIre service.
Sewer Service...................Exlsting on-site ITEM: V.E.
.
~-
[ITY DF DELRAY BEA[H
100 r-..: 'I!\' ~'d AVEr,,;u~. UL ',. ,. M' ,;[;,Ch C ~Cir;!:JA 33444 407/243- 7000
MEMORANDUM
TO: Mayor and City Commissioners
,
FROM: David T. Harden, City Managerf!jtA/'''l
SUBJECT: Agenda Item #9~ Meeting October 23, 1990 - Extension
of Contract Time Gerecter and Dubin Associates, Inc.
DATE: October 18, 1990
The agreement for professional management services with Gerecter and
Dubin Associates, Inc. contains a provision that the contract shall be
automatically extended for one ( 1 ) year - through December 31, 1991,
unless the City gives written notice on or before October 31, 1990,
that the term is not to be extended. If the contract is extended the
firm is entitled to an additional incentive bonus per terms of the
contract.
The management firm is proposing a monetary payment based on net
operating profit and other conditions as determined by the City.
The incentive payments proposed are as follows:
10% for net operating profit between $456,800 - $499,999
12.5% for net operating profit between $500,000 - $524,999
15.0% for net operating profit between $525,000 - $549,999
17.5% for net operating profit between $550,000 - Over
The percentage would be paid on the net operating profit over $466,800.
In addition, staff recommends the following conditions be met prior to
any payment:
l. Completion of the Decade of Excellence Bond Program Capital
Improvement Plan by March 31, 1991.
2. Completion of 40% of the bond construction projects by
September 30, 1991.
3. Favorable cooperation with City staff as determined by the
City Manager.
4. Overall player satisfaction with pro shop service and course
condition as determined by written complaints to the City
Manager. (Unresolved by Course Manager).
5. Generally improved course condition as determined by the City
Manager, meeting at a minimum the following standards:
THE E~FORT ALWAYS MATTERS
AGENDA ITEM #
OCTOBER 23, 1990
Page 2
A. No weeds in the greens
B. No more than 10% weed coverage on the tees and in the
defined fairways
C. Satisfactory reports from the independent course con-
sultant - reports to reflect improvement from inspec-
tion to inspection.
D. Proper care and maintenance of equipment and buildings.
Staff recommends extension of this contract as proposed with
conditions. The firm has performed services to date in an exceptional
manner.
DTH:rab:kwg
.
.
;/
services shall be interpreted that such services are within the
scope of the Work covered by this Agreement.
4. TERM OF AGREEMENT The term of this Agreement
shall commence upon execution hereof and will continue until
.December 31, 1990. The term shall be automatically extended
for one ( 1) year until December 31, 1991 unless Ci ty gives
written notice to Gerecter on or before October 31, 1990 that
the term is not be extended. In any event, either party may
cancel this Agreement with 60 days prior written notice
delivered in person or transmitted certified mail, return
receipt requested.
5. AVAILABILITY OF CONSULTANT During the term of
. this Agreement, Gerecter shall make himself available to
perform the Work as may be required to accomplish the Work in
the manner required by this Agreement. Gerecter shall be
available for consultation during the hours normally worked by
City's employees unless otherwise agreed between City and
Gerecter, and in special circumstances. Gerecter shall also be
available to City during evening meeting hours and other
reasonable times when required by City.
6. PAYMENT City shall pay Gerecter for the perfor-
mance of the Work the sum of Three Thousand Seven Hundred
dollars ($3,700.00) on July 11 for the month of July, 1990 and
Five Thousand Five Hundred Dollars ($5,500.00), per month
payable on the 1st of each month thereafter. City shall also
accept reimbursables including:
a) payroll costs for Gerecter's employees who are
working full time at the Delray Beach Municipal Golf
Course, such payroll costs are subject to the City
Manager's prior approval, and only such approved
costs shall be reimbursed;
b) liability insurance as required by paragraph 12 of
this Agreement;
-2-
- . , .
The incentive bonus shall be payable on November 30, 1991, and will be
calculated based on the Operating Budget for the fiscal period October
1, 1990, through September 30, 1991-
INCOME
As per budget $1,468,500
Less: Interest on Investment (40,000)
Restaurant & Bar (20,300)
Adjusted Income $1,408,200
EXPENDITURES
As per budget $1,405,300
Less: Share/Administrative Cost (26,200)
Transfer (21,900)
Debt Service (354,800)
Depreciation (51,000)
Adjusted Expenditures $ 951,400
Adjusted Net Operating Income $ 456,800
We propose the following based on the adjusted Net Operating Profit:
$456,800 - $500,000 10.0%
$500,001 - $525,000 12.5%
$525,001 - $550,000 15.0%
$550,001 and over 17.5'
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER .~
SUBJECT: AGENDA ITEM # 1:- MEETING OF OCTOBER 23, 1990
REQUEST TO HOLD A SPECIAL EVENT
DATE: October 19, 1990
We received a request from the Peach Umbrella Plaza Association to
hold a "Fall Festival" on November 10 from 8 a.m. until 5 p.m. within
the 400 block of West Atlantic Avenue. Their proposal is to rent
approximately 84 6x6 booth spaces to organizations, vendors, etc. for
their own fund raising or sales activities. These booths will be
situated in the vacant lot on northeast corner of N.W. 4th Avenuej the
northeast corner of N.W. 5th Avenuej and the southeast corner of S.E.
5th Avenue. Individual property owners are being contacted regarding
the use of their property for this event. In addition, there may be a
live radio broadcast and professional entertainment (clowns) .
Besides approval of this event, the Peach Umbrella Plaza is requesting
that the City provide law enforcement coverage and fire rescue
services, if necessarYj a blanket permit to allow the selling and
vendingj and approval of the radio broadcast or band.
At your June 26th regular meeting the Commission, by consensus,
established a precedent that organizations having festivals would pay
the full cost for Police Department, Park and Recreation, and Public
Works employee overtime. It should also be noted that liability
insurance will not be required for this event if public property or
City-owned property is not used.
Recommend consideration of the request from the Peach Umbrella Plaza
Association to hold a "Fall Festival".
"
October 17, 1990
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
I;-"h
FROM: LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT I!!~
RE: PEACH UMBRELLA PLAZA ASSOCIATION REQUEST TO HOLD ANNUAL
-FALL FESTIVAL" EVENT-WEST ATLANTIC AVENUE-
BACKGROUND:
The Peach Umbrella Plaza Association was formed in 1989 by local
merchants whose businesses are located in the 400 block of West
Atlantic Avenue. Their efforts are directed at redeveloping the
400 block by creating a change in the image of the buildings
through creative signage, adding new architectual features,
attracting new businesses and lobbying the City for public
parking facili ties. The CRA and CAB endorsed the Association's
plans and through the CRA, funds have been expended for an
overall plan for the area. The Association held a simular event
last year to announce their project, participation was limited to
businesses within the Association.
The Association is proposing to rent booth spaces to others for
the sale of goods and food using private property and property
owned by the CRA. They have not requested the use of public
sidewalks although the sidewalks may be an issue if agreements
from owners are not granted. The Association is requesting that
the City provide Police Patrol of the affair and Fire Rescue
services if necessary. We are assuming the request is at no cost
to the Peach Umbrella Plaza Association.
RECOMMENDATION:
We are recommending that the Commission positively consider the
request from Peach Umbrella Plaza Association to host a "Fall
Festival within the 400 block of West Atlantic Avenue on November
10, 1990 from 8:00 AM to 5:00 PM. Additionally, Commission
consideration of providing Police Patrol at no cost to the
Association is requested. Liability Insurance is not required if
public property or City-owned property is not used for this
event. The Association's written request and graphic layout for
the use of properties are attached for your reference.
Attachments
B:PUPA.FF/LG5
.
PEACH UMBRELLA PLAZA ASSOCIATION
409 W. Atlantic Avenue
Delray Beach, FL 33444
(407) 272-7059
October 16, 1990
Lula Butler, Director
Community Improvement
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, FL 33444
Dear Mrs. Butler:
The Peach Umbrella Plaza Association is requesting to have an
outside fund raising/promotional festival within the 400 Block of
West Atlantic Avenue (Peach Umbrella Marketplace Project) on
Saturday, November 10, 1990 from 8:00 a.m until 5:00 p.m. This
'Fall Festival' will be a fund raiser for the Association. We
would like to make this our annual fund raising event. Proceeds
from this year's festival will be used toward Phase I (see
attachment) of Peach Umbrella Plaza's rehab program.
The Association's plans regarding the festival are as follows:
1. Rental of 6 x 6 booth spaces to organizations, vendors,
etc. for their own fund raising or sales activities.
Booth space will be sold at $40.00 per space. Space to
be used is the vacant parcels within the Peach Umbrella
Plaza (see attached map). Carolyn Cunningham of West
Side Liquor has agreed to the use of her parking lot.
Requests are being made to CRA and Chevron for permission
to use their parcels. Total number of spaces will equal
approximately 84.
2. outside selling of food and goods by renters of space.
Pepsi and/or Coke stands for outside selling. Space also
available for distribution of literature.
2. Radio Station WEDR may broadcast from the Festival,
Amplifier will be used.
3. American Flags placed on the exterior of participating
businesses.
4. Professional Clowns strolling the block with promotional
signs and chatting with adults and children.
Lula Bulter
October 15, 1990
Page 2
5. Designated area for Radio station setup and V.I.P.'s
6. Additional Parking has been arranged with Mt. Olive
Baptist Church on N. W. 4th Avenue.
Law Enforcement: To patrol and stroll the designated festival
area of West Atlantic Avenue.
Paramedics and Fire Rescue: Alerted to the date, time and place
of festival.
Permits: Blanket permit to cover outside selling and vendoring.
Broadcast and/or Band.
We humbly solicit support of this request along with any input from
the City of Delray Beach.
sincerely, f
qj/~cLtfrJ~U
CIa Wideman
Vice President
Attachments (2)
.
PEACH UMBRELLA MARKETPLACE PROJECT
PHASE I
1. STRUCTURAL IMPROVMEENTS
- ARCHITECTURAL
- REPLACEMENT OF ALL ROTTEN WOOD, ETC.
2. WINDOWS
3. DOORS
4. PAINTING - EXTERIOR AND INTERIOR
5. SIGNS
6. AWNINGS
7. PLANTING OF PLANTS
INDIVIDUAL AND JOINT QUOTES FOR THE ABOVE ITEMS DURING THE MONTHS
OF OCTOBER AND NOVEMBER, 1990. IMPLEMENTATION TO START, IN THE
ORDER OUTLINED ABOVE IN THE, DECEMBER, 1990/JANUARY, 1991 TIME
FRAME.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
v
SUBJECT: AGENDA ITEM # 9~ - MEETING OF OCTOBER 23, 1990
REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS
DATE: October 19, 1990
This item is before you for waiver of liability and indemnification
insurance requirements for award of bid on the Pineapple Grove
beautification project. Williams, Hatfield, and Stoner, Inc. were
selected to provide design services to include modifications to
intersection nodes, landscaping expansion, and sculpture locations on
Pineapple Grove Way from Atlantic Avenue to N.E. 4th Street.
Subsequently, they objected to signing our standard engineering
documents, which contains specific limits of liability and a
requirement to add the City as additional insured, for such a small
project. Williams, Hatfield and Stoner have proposed instead, a
contract which limits their liability to the City to the dollar amount
of the fees earned by them under the contract which would be $5,400.
~ecommend approval ~f request for waiver of insurance requirements in
l~ght of the small s~ze of the project.
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Oct 19,90 10:50 F' Ii)
[I" IF DElAR' IEREH
CITY ATTORNEY'S OFFICE 31 U S.I-;. ht STREET, SUITE 4 DELRA Y BE.ACH. FLORIDA 33483
407/243-7090 , TBLECOpm~ 407/2784755
MEMOR;ANDUM
I
Date: October 19, 1990
To: City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: Engineering contract for Plneapple Grove Way Between
the City and williams, Hatfield & Stoner, INc.
This is a contract to provide design services for Pineapple
Grove Way from Atlantic Avenue to N.E. 4th Street and will
include modifications to intersection nodes for landscaping
expansion and for sculpture locations. The amount of the
contract is $5,400 and ordinarilY it would not be necessary for
the Conunission to approve this contract, however, Williams,
Hatfield & Stoner have objected to signinq our standard
engineering' documents as being overly burdensome for such a
small project. The contract that they have proposed limits
their liability to the City to the dollar amount of the fees
earned by them under the Qontract which would b~$5.400. It is
because of this limited liability and their re usal to add us
as an additional insured that the Commission m st approve the
contract since this is a departure from our standard liability
and indemnification policies.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
Js[~J~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER6'!V1
SUBJECT: AGENDA ITEM # ~-K - MEETING OF OCTOBER 23, 1990
APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS
DATE: October 19, 1990
These appointments were originally deferred at your August 28th
meeting due to a lack of qualified applicants. The following
positions are currently vacant on this Board: General Contractor,
Master Plumber, Master Electrician and Air Conditioning Contractor.
We received an application from:
Dominick Sarlo- General Contractor
Carney L. Wilder, Jr. - Plumbing Contractor
Richard P. Morris- Air Conditioning Contractor.
According to the rotation system used to reconstitute this Board,
appointments are to be made as follows:
Mayoral appointment of a member to fill the vacant general
contractor position (two year term).
Seat 3 appointment of a member to fill the vacant master plumber
position (one year term).
Seat 2 appointment of a member to fill the vacant air
conditioning contractor position (two year term).
Recommend appointment of a general contractor to a two year term, a
master plumber to a one year term, and an air conditioning contractor
to a two year term on the Board of Construction Appeals.
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Susan O'Brien, Assistant City Clerk
FROM: Anita Barba, Board Secretary
SUBJECT: APPOINTMENTS OF GENERAL CONTRACTOR, MASTER PLUMBER,
AND AIR CONDITIONING CONTRACTOR TO THE BOARD
OF CONSTRUCTION APPEALS
DATE: October 18, 1990
On August 28, 1990 and October 9, 1990 some appointments were made to
the reconstituted Board of Construction Appeals. The appointment of
a general contractor was deferred along with other appointments to the
Board. Some applications have been received.
The following general contractor has submitted his name and resume for
consideration and is attached: Dominick Sarlo. The appointment
would be made by Mayor Thomas Lynch, (Seat #5). This appointment was
deferred from the Commission Meeting of October 9, 1990.
The following certified plumbing contractor has submitted his name and
resume for consideration and is attached: Carney L. Wilder, Jr. The
appointment would be made by Commissioner William Andrews, (Seat #3).
The following certified air conditioning contractor has submitted his
name and resume for consideration and is attached: Richard (Phil)
Morris. The appointment would be made by Commissioner Jay Alperin
(Seat #2).
The Land Development Regulations, adopted on September 25, 1990,
states the following: liThe composition of the Board shall be as
follows: two (2) general contractors; one (1) master plumber; one (1)
architect; one (1) master electrician; one (1) air conditioning
contractor; one (1) sign contractor; one (1) real estate broker or
insurance agent; and one (1) professional engineer.
In order to qualify for membership, "A member shall either be a
resident of or own property in the city/and or own a business within
the City except for appointees of the Board of Construction Appeals
who need not meet this qualification. Additional qualifications may
be established for individual boards. II
nsbca.txt
CITY OF DELRAY BEACH
BOARD ~EMBER APPLICATION
. .
~A.'1E Dominick Sarlo
3335 La~eshore Drive. . Deerfield Beach. FL 33442
~OME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
2115 S. Ocean Blvd.. Delray Beach, FL 33444
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE (305) 428-0337 BUSINESS PHONE (407) 274-0830
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Construction Board of Appeals
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please incrude dates)
None
EDUCATIONAL QUALIFICATIONS
LIST A~Y RELATED PROFESSIONAL CERTIFICATIONS ~~D LICENSES ~tICH YOU HOLD
State of Florida General Contractor Since 1980
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER, ~~D POSITION
Spirit Development Corp. President, Secretary & Treasurer
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
Have been in the Construction & Development Business for 12 years;
involved in all aspects of the Business for an additional 3 years.
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 APPOINT}tENT I ~~y RECEIVE.
<~/~~<< ~J b-:; h~)
SIGNATURE . / pATE
4/90
DOMINICK C. SARLO
FLORIDA LICENSED GENERAL COUTRACTOR
License #CGC 016708 - Since 1980
EXPERIENCE: Development, Site Work and Design Planner;
Project ~anager; Construction superintendent; General Sales
Coordinator; Custom Home Designer.
PRESIDENT 1988-Present
Spirit Development Corp.
Boca Raton, FL
VICE-PRESIDENT/PROJECT MANAGER 1986-1987
Five Star Homes,
General D~velopment
Miami, FL
General Contractor and sole qualifier for StarLight Cove, a
350 home, single family comllunity. Responsible for all
financin9, development and Gonstructicn. Closed 102 units in
12 months.
VICE-PRESIDENT 1985-1986
Weitzer Co~munities
Kendall, Florida
Director of all development and construction for: 450
concrete form villas at Moon Lake; 324 single family homes at
River Run; 434 zero lot line homes at Encore; 264 custom
homes at Panache.
CUSTOM HOME, DESIGNER/BUILDBR 1980-1985
Boca woods Country Club
Boca Raton, Florida
Designed e>:terior and interior of over 30 custom hOlDes in the
$275,000 - $400,000 price range; constructed same for
individu~l buyers; controlled all contracts and financing for
buyers; supervised construction.
CUSTOM HOME, DESIGNER/BUILDER 1982-1984
Wellingt::m
West pal:n Jeach, Florida
Develope:1, superviued and controlled all site work and
construction of 93 Patio Hones and Townhomes in the $95,000-
$$170,000 price range; controlled all contracts for sub-
contractors and buyers.
VICE PRESIDENT/COORDINATOR 1982-1984
Boca Raton, Florida
Controlled/owned 30% interest of a 40,000 square foot office
building and a 24,000 square foot strip store center.
CUSTOM HOME, DESIGNER/BUILDER 1979-1982
Waterside and parkside Developments
Boca Raton, Florida
Constn;..cted and assisted in design and planning for all of
the ilm~nitiefi, sales models, offices and recreation
buildir~gs ; assisted developer in ove~all project planning,
site work and unit design.
CUSTOM HOME, DESIGNER/BUILDER 1979-1982
Boca DE~l Mar Coun try Club and
Tropic Isle Developments
DelrilY Beach, Florida
Design~d and constructed 30 homes and duplexes.
.
OWNER/E;UILDEH 1974-1979
Clear Pool Company
Boca Raton, Florida
Owner/Builder of swimming pools, as well as maintenance and
operation of same for individual hom~s and cODUllercial
establishments.
PROJEC'l' MANAGER 1969-1974
Four SE!aSOl1S
Franklin park, Illinois
On site improvements; oversaw all construction and scheduling
for both com~ercial projects and custom homes.
PRIOR EXPERIENCE: Employed in various phases of the building
induBtry in the Chicago area.
Overall: Union journeyman carpenter. Supervisor of works
for major office bUilding construction. Harketing programs
for development home sales. Condomi:1ium developnlE:nt and
sales. Job costing, schedul.lng and overall construction,
financing and customer relations.
{
fgf.- /0 - -/ 'i~7C
CITY OF DELRAY BEACH
BOARD ~E~mER APPLICATION
NAME Carney L. Wilder Jr.
510 Eldorado Lane Delray Bch. Fl. 33444
~OME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
510 Eldorado Lane, Delray Bch. Fl. 33444
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE(407) 265-1772 BUSINESS PHONE (407 ) 265-1772
ON WHAT BOARDS ARE YOU INTERESTED 1}4 SERVING Board of Construction Appeals
--
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
None
EDUCATIONAL QUALIFICATIONS
Graduated Atlantic Hiqh School - 1975
Attended Davidson College - Davidson, North Carolina 1975-1977
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
State Certified Plumbinq Contractor, License # CF C039973
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, ~~D POSITION
Owner - Lee Wilder Plumbing
DESCRIBE EXPERIENCES, SKILLS OR ~~OWLEDGE ~~ICH QUALIFY YOU TO SERVE ON THIS
BOARD
Have worked in all phases of plumbing, from commercial work
to custom homes to service plumbing and re~edeling
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATE~1ENTS ARE TRUE, A..'iD I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF ~TERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF A..~Y APPOINTMENT I MAY RECEIVE.
d.;g~4#- /t:' - /?- ?D
DATE
IGN TURE .
, '"''
~'
lJ LEE WILDER PLUMBING
P.D. Box 1051
Oelray Beach. FL 33447-1051
CFC039973
265-1772
Re s Uffie
Apprentice plumber, January 1982-June 1984
Employed by EMAC PLUMBING CONTRACTORS INC., Melbourne, Fl. , and
FIVE STAR PLUMBING CONTRACTORS --
June 1984, passed Journeymans test, became foreman-Commercial Work
Employed by DAVID BISHOP PLUMBING INC., September 1985-September 1986
Custom and service
Employed by TIDWELL PLUMBING INC., September 1986-September 1987
Re-modeling and service
September 1987 to present, sole proprietor - LEE WILDER PLUMBING,.
service oriented
CITY OF DELRAY BEACH & (d-/7-90
BOARD ~EMBER APPLICATION
NAME Richard P. (Phil) Morris
19 Dixie Blvd., Delray Beach, FL. 33444
~OME ADDRESS (Street. City. Zip Code) (LEGAL RESIDENCE)
Del Raton AIC, Inc., 341 SE 2nd Ave., Delray Bch., FL. 33483
PRINCIPAL BUSINESS ADDRESS (Street. City. Zip Code)
HOME PHONE 276-8338 BUSINESS PHONE 272-7123
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Construction Board of
Appeals
--
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
None
EDUCATIONAL QUALIFICATIONS Greenfield High School, Greenfield, IN.
Ivy Technical Vocational School, Indianapolis, IN.
Construction Academy, Dania, FL.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Class B Certified Air Conditioning Contractor, State of Florida
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION
President, Del Raton Air Conditioning, Inc.
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
Seventeen years experience in the air conditioning field including
installation and service. Principal owner of Del Raton Air Condi-
tioning, Inc. since November 1984.
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.
~~~%---: /C//7/90
SIGNATURE . DAtE
. 4/90
RICHARD PHILLIP MORRIS
MARITAL STATUS: Married, Carol S. Morris, 1971
CHILDREN: None
BORN: November 27. 1949
EDUCATION: Greenfield High School, Greenfield, Indiana
Ivy Technical Vocational School, Indianapolis, Indiana
Construction Academy, Dania, Florida
MILITARY SERVICE: U.S. Army, Active duty, 1968 - 1970
~
RESIDENCE: Home Owner
19 Dixie Boulevard
Delray Beach, Florida 33444
Purchased June, 1978
November 1984 - Present President/Founder
Del Raton Air Conditioning, Inc.
Phil is president of Del Raton Air Conditioning, Inc. of Delray
Beach, Florida. Del Raton is a full service air conditioning
and heating company engaged in sales and service for commercial
and residential applications. Del Raton is a dealer for over
fifteen major brands of air conditioning equipment including
Amana, Lennox, Trane and Carrier. Del Raton is fully licensed
and insured, and a member of the Better Business Bureau. Del
Raton A/C currently has.eight full time employees.
1973 - 1984
Phil was self-employed in the field of air conditioning installation.
He subcontracted duct installations from several air conditioning
contractors in the Palm Beach County area.
Phil is First Vice President of the Noontime Kiwanis Club of
Boca Raton and past Secretary/Treasurer of the Boca Raton
Business Exchange Club. Phil is a'member of the Remodelars
Council of the Florida Atlantic Builders Association. and a
member of the Del Ida Park Neighborhood Association.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'1:::1
SUBJECT: AGENDA ITEM # '1- - MEETING OF OCTOBER 23, 1990
APPOINTMENT TO GENERAL EMPLOYEE RETIREMENT FUND COMMITTEE
DATE: October 19, 1990
This item is before you to appoint a member to the vacant Secretary
position on the General Employees Retirement Fund Committee.
Historically, this position has been filled by the Finance Director.
This vacancy is as result of the former Finance Director's
resignation. Based upon the rotation system adopted in conjunction
with the Commission's Local Rules, this is a Seat 4 appointment.
Recommend appointment of the Finance Director to the General Employees
Retirement Fund Committee.
-
MEMORANDUM
TO: Susan O'Brien, Assistant City Clerk
FROM: Anita Barba, Board Secretary
SUBJECT: APPOINTMENT TO THE GENERAL EMPLOYEES RETIREMENT FUND COMMITTEE
DATE: October 17, 1990
With the resignation of David Huddleston, Finance Director, there is a
vacancy on the General Employees Retirement Fund Committee. The members
are appointed by the City Commission. Historically, the Finance
Director is a member.
Based upon the rotation system of appointments adopted by the City
Commission in March 1990, the appointment would be made by Mr. Randolph,
Seat //4.
fin. txt
( /- " \ (
- . .... i
6-a \
ARTICLE VI
AIKINIS'l'RATION
Section 6.1 - AIMINISTRATroN BY RETIREMENT COl+tl'I'1'EE
The plan will be administered by the Retirement Committee (herein
reterred to as the "retirement committee") appointed by the City Council ot
Del~ Beach, consisting ot (a) a chairman and at least one but not more than
tour additional members, (b) a single individual or (c) a corporate trustee.
Where the retirement cOIZIIIittee consists ot one or more individuals, each member
IIIIQ', but need not, be an ottic ial or employee ot the City, and each such member,
or the corporate trustee selected to act as the retirement committee, shall be
appointed by the City Council of Delray Beach to serve until his (or its) successor
shall be appointed in like manner. Where the retirement committee is a corporate
trustee vbich at the same time is serving as trustee of the plan, such corporate
trustee shall function separately in its tvo capacities insofar as the plan and
,
trust are concerned; as the retirement committee it may deal with itself as
trustee and as trustee it may deal vith itself as the retirement committee, and
.
the records' maintained by such corporate trustee for the purposes of the plan
and trust shall show clearly the capacity in vhich such corporate trustee is
acting in any action taken by it. An individual member of the retirement committee
may resign by delivering his vritten resignation to the City Council of Delray
Beach and to the other members of the retirement committee. A corporate tr~stee
serving as the retirement committee may resign from such capacity by delivering
its written resignation to the City Council. The City Council at Delray Beach
may remove an individual member of the retirement committee by so notifying the
member and other retirement committee members, if any, in writing and may remove
a corporate trustee serving as the retirement committee by so notifying such
. .(.~ ( c. (
6-b
corporate trustee in writing. Where the retirement committee consists of one or
more 1m.ividuals, vacancies on the retirement COmmittee shall be f'illed by action
of' the City Council of Delray Beach.
Section 6.2 - OFFICERS AND EMPLOYEES OF RETIREMENT COMMITl'EE
The retirement committee may appoint a secretary who may, but need
.
not, be a member of the retirement committee. The City Council shall employ such
agents, clerical and other services, legal counsel, accountants, and actuaries, as
may be required for the purpose of administering the plan.
Section 6.3 - ACTION BY RETIREMENT COMMI'ITEE
Where the retirement committee consists of one or more individuals,
a maJority of the members, of the retirement committee shall constitute a quorum
for the transaction of business and shall have full pover to act hereunder, and
any corporate trustee serving as the retirement committee shall have full power to
act hereunder. Any written memorandum signed by the secretary or arry member of
,
the retirement committee of one or more individuals who has been authorized to act
.
on behalf of the retirement committee shall have the same force and effect as a
.
formal resolution adopted in open meeting. Minutes of all meetings of the retire-
ment committee and a record of any action taken by the retirement committee shall
be kept in written form, and in the case of' a retirement committee of individuals,
such record shall be kept by the secretary appointed by the retirement committee.
The retirement committee shall give to the trustee, any order, direction, consent,
or advice, required under the terms of the trust agreement, and the trustee shall
be entitled to rely on any instrument delivered to it and signed by the secretary
or any authorized member of the retirement committee as evidencing the action of
the retirement committee.
Where the retirement committee consists of one or more individuals,
a member of' the retirement committee may not vote or decide upon any matter
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER P1
SUBJECT: AGENDA ITEM # 9~ - MEETING OF OCTOBER 23, 1990
PRELIMINARY REVIEW- CONGRESS AVENUE LANDSCAPING PLANS
DATE: October 19, 1990
Attached as backup material for this item is a copy of the 90%
landscape plans for Congress Avenue, between Linton Boulevard and Lake
Ida Road. There are nine medians in this area in which landscape
materials can be placed. The City's Horticulturist will be making a
presentation at your Tuesday evening meeting to make recommendations
as to plant type and height requirements.
.
M E M 0 RAN DUM
To: City Commissioners
Via: David Harden, City Manager
Lula Butler, Community Improvement Director
From: Nancy Davila, Horticulturist/Special Projects Coordinator
Re: CONGRESS AVENUE LANDSCAPING - 90% REVIEW
Date: October 8, 1990
I have attached a copy of the 90% landscape plans for Congress Avenue
between Linton Boulevard and Lake Ida Road for your preliminary review. I
hope to make a presentation to you at the October 23, 1990 Commission
meeting, which will include slides of the proposed plant materials. Plans
will be revised based upon your comments at the meeting and subsequently
submitted to Palm Beach County Engineering for their review and approval.
There are nine medians that are not concrete which can be landscaped.
Coordination with the County during road construction provided for Type F
nonmountable curbing as well as 2 inch galvanized sleeves under the roadway
to enable electric power to be brought into the medians.
Design constraints focus on the maintenance of adequate sight distance,
which, due to the many intersections, precludes the use of vegetation
intermediate in height. Clear sight must be maintained between 30 inches and
8 feet. Additionally, no landscapable area exists within the right-of-way
along the sides of the road.
The landscape design utilizes Xeriscape principles, employing masses of
drought tolerant shrubs and ground covers. No sod has been proposed. Plant
materials include Live Oaks, Royal Palms and Golden Rain Trees (flowering
trees) as the predominant vertical elements.
Live Oaks will be under planted with either Dwarf Bougainvillea or Ilex
vomitoria 'nana schellings'. Necklace Pod is shown on the plans in lieu of
the Ilex vomitoria, but this should be revised as the Necklace Pod would
have to be constantly sheared to maintain safe sight distance.
The Royal Palms will be under planted with Spider lilies and punctuated at
the ends of the planting beds with groupings of Zamia furfuracea.
Pittosporum is typically planted in mass under the Golden Rain Trees.
Although the landscape design for North Congress Avenue calls for Queen
Palms instead of Royal Palms, the Live Oaks and Golden Rain Trees are a
consistent element.
(. .
LOCA TION MAP
NTS
(!/ I
1-95
I
LAKE IDA RD.
W. ATLANTIC AV~-
w
> I
~_WSON BLVD. c
01 i,
01
~I i
~, ,
,
!
LINTON BLVD. 01
_____' I
OLD ~START PROJECT
O~~
-4 '" .,.' I I
o \tf '"
110
----- ~
_. ,.~~ "'.---.. -~ ~ . "- ,--,._-... ._-,~
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t';t{
SUBJECT: AGENDA ITEM # 4N - MEETING OF OCTOBER 23, 1990
RESOLUTION NO. 104-90
DATE: October 19, 1990
This is a Resolution for the issuance of not exceeding $50,000,000
aggregate principal amount of Water and Sewer Revenue Bond for the
purpose of financing and refinancing the costs of certain additions,
extension and improvements to the City's combined public utility.
The purpose of adopting this resolution is to allow our Bond Counsel
to proceed with validating $50,000,000 in bonds. At this time we only
have a need to finance up to $22,000,000 in projects ($8,000,000 for
Phase I plus $14,000,000 for Phase I I) . However, validating
$50,000,000 would allow the option of using Original Issue Discount
Bonds and would also take care of any possible additional bonds we may
need to issue in the next five to seven years. Therefore we would
save money by having one validation instead of two or three.
Recommend approval of Resolution No. 104-90.
. MUDGE ROSE GUTHRIE ALEXANDER & FERDON
-
180 MAIDEN LANE SUITE 900, NORTH8RtDGE CENTRE 2121 K STREET. N.W.
NEW YORK. NEW YORK (0038 WA.SHINGTON, C.C. 2.0037
212-510-7000 S I 5 NORTH FLAGLER DRIVE 202-429-9355
- -
425 ~ARK AVENUE WEST PALM 8EACH, FLORIDA 33401 SUITE 2020
e:.W YORK. NEW YORK 100Z.2 333 SOUTH GF=fANQ AYENUE
212-446-9200 - LOS ANGELES. CAll F". 9007 I
407-6S0-8100 213-613-1112
-
- f 2. RUE DE LA PA,IX
"AC5IMILE: 407-633-1722 75002. PAFfIS. FRANCE
TELEX: WU 514841 (I) 42. 61. 57, 71
October 9, 1990
TO ALL PERSONS NAMED ON THE ATTACHED DISTRIBUTION LIST:
CITY OF DELRAY BEACH, FLORIDA
Water and Sewer Revenue Bonds
Phase II
Enclosed herewith please find a revised draft of the i
Bond Resolution for the financing of Phase II of the Project. I
This draft has been blacklined to reflect changes from the
earlier draft. Also enclosed is a first set of the validation
papers (less final judgment and certificate of no-appeal) for the
validation of the above-referenced Bonds.
If the City elects to issue the $8,000,000 Water and
Sewer Revenue Bonds which have already been authorized and
validated simultaneously with a portion of the Bonds to be
authorized under the enclosed resolution, it will be necessary to
distinguish the two ( 2 ) 1ssues of Bonds by Series designation.
It is my understanding that the adoption of the
enclosed resolution and the validation thereof 1S on a very
aggressive schedule. In light of that, I will need to receive
final comments as soon as practicable.
Thank you for your cooperation.
Very truly yours,
.fi;-o
Stephen D. Sanford
SDS/emi
Encs.
-.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 9D - MEETING OF OCTOBER 23, 1990
RESOLUTION NO. 105-90
DATE: October 19, 1990
This is a Resolution adopting and setting forth the Commission's
position with regard to the jurisdiction and authority of the Palm
Beach Countywide Planning Council. We received a call from the
Municipal League asking the City's position regarding the jurisdiction
and authority of the Palm Beach Countywide Planning Council to impose
certain policies on cities. This resolution, while not challenging
the method of enactment of Planning Council policies, sets forth the
position that the imposition of any policies, other than those related
directly to land use designations, is beyond the jurisdiction of the
Palm Beach County Planning Council.
Recommend approval of Resolution No. 105-90.
(:11 8TTORNEY'S OFFICE TEL t40, 407 278 4755 Oct 13 ,jO 1. 1. : :.. 7
.
.
...
- . -
RBSOLl1TION NO. 105-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA'i BEACH, FLORIDA, ADOPTING AND SETTING FORTH
ITS POSITION REGARDING THE JURISDICTION AND
AllTHORIT'i OF PALM BEACH COUNTYWIDE PLANNING COUNCIL.
WHEREAS, the City Commission of the City of Delray Beach,
Florida adopted Resolution ". " " ',lhich transmitted a response to
.' . . .- findings made by the Palm Beach County Planning Council as to potential
jurisdictional incompatibilities of the city of Delray Beach, Florida's
comprehensive Plan, on september 25, 1990; and,
WHEREAs, the City Commission of the City of Oelray Beach
understands that the Charter of Palm Beach County, Florida, authorizes
the Palm Beach Countywide Planning Council to settle inter jurisdictional
incompatibilities related to land use designations; and,
WHERUS, the City Commission of the City of Delray Beach
believes, however, that the imposition of any policies, other than those
related directly to land use designations is beyond the jurisdiction of
the Palm Beach county Planning Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of oelray/ Beach, Florida by
t~ansmittin; to the Palm Beach Countywide Planning Council its response
to the findings of the Palm Beach countywide Planning Council regarding
potential interjurisdictional incompatibilities with the City of Delray
Beach Comprehensive Plan by virtue of the adoption of Resolution 91-90,
did not intend to waive any rights to contest the jurisdiction or
authority of the Palm Beach countywide plannin9 Council.
Section 2. That the ci ty of Oelray Beach, Florida believes
that the Palm Beach Countywide Planning Council does not have the
authority or jurisdiction to impose pOlicies on the City of Delray Beach
which are not directly related to interjurisdictional incompatibilities
regarding land use designations; and,
Section 3. That the City of Delray Beach, Florida takes the
position that the City is not bound by policies attempted to be imposed
on the City by the Palm Beach countywide Planning Council not directly
rela.ted to inter jurisdictional incompatibilities regarding bnd use
designations.
Section ". That the City of Delray Beach does not consent to
or acknowledge the jurisdiction of the Palm Beach County planning
Council and reserves the right to question the jurisdiction and/or
a.uthority of the Palm Beach Countywide ~lannin9 council with regard to
all policies which are not related to interjurisdictional
incompatibilities regarding land use designations, now and in the
future.
PASSlD AND ADOPTED in regUlar session this the day of
. 1990.
.
MAYOR
ATTEST:
C1ty Clerk I
'{
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(4) Signage. only one sign per adult entertainment establish-
. ment is permitted, and such sign shall not extend above twelve (12) feet
Ii above ground level or have an area of qreater than thirty-six (36) square
Ii feet. No neon material shall be permitted on the sign. All other
I: restrict10ns of the sign code shall apply herewith.
':
Section 3. That the Land Devlllopment Regulations, Chapter
Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Subsec-
tion 4.4.9, "General Commercial (GC) District", Sub-subsection (0),
"Conditional Uses and Structure. Allowed", of the Code of Ordinances of
the City of Delray Beach, Florida, be and the same is hereby amended by
adding the fOllowing new conditional use and renwnbering the remaining
conditional uses accordingly:
i: (1) Adult Entertainment Establishments
Section 4. That the Land Development Regulations, Chapter
Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Subsec-
tion 4.4.19, "Mixed Industrial and Commercial (MIC) District", Sub-sub-
I' .ection (0), "Conditional Uses and Struotures Allowed", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is
I hereby amended to read as follows:
I
I I
I (
~ to
!' ll.l. Adul t .nU'~l_nt .~tabll._nt. I '"
I: \
r Secti.on ~. Tha t all ordinances or parts of ordinances wh
I' are in conflict herewith are hereby repealed.
: Section 6. 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 I'
or part thereof other than the part declared to be invalid.
Seytion 7. That this ordinance shall become effective upon
passage on second and final reading.
J.
j; PASSED AND ADOPTED in regular session on second and final
I' reading on this the _ day of , 1990.
MAYOR
ATTEST:
City Clerk
nut Rea.ding
Second Reading
I
i
,
I
3 ORD. NO. S5-90
.nr:r::",~""~'~'" -..10~~" _ ..-~ ,."...)~. ...
CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Oct 19,90 11:27 F' CI'-'
,
I tIT' DF DELHA' BEAEH
/
:" . . :~6l',,-,," '~ " "..,..,..,.,.:
---,..~ . .,_..,............~.f. -.~,_I~f'~
CITY AnORNEY'S OFFICE 310 S.E. bt STREET, SUITE.. DELRAY BEACH, f'LORJDA 33483
407/243.7090 TEl.ECOPIER 407/278-4755
MEMORANDUM
Date: October 18, 1990
To: City Conunission
David Harden, City Manager
From: Susan A. RUby, Assistant city Attorney
. .
SUbject: Jurisdiction'and AuthdritYdf 'Palm Beach Countywide
Planninq Council
Our office received a phone call from Trela White, attorney for
the Municipal League, regarding the subject of the Jurisdiction
and Authority of the Palm Beach Countywide Planning Council to
impose certain policies on the C1ty.
Ms. White wanted to know the City's position on the issue and
requested that the city take for.mal action on the subject.
Ms. White indicated that approximately fifty percent (50\) of
the citiaa have the view that all the policies are peyond the
jurisdiction and authority .of the Planning Council and that
none of the policies are va.lid because of the method of
enactment. Ms. white outlined a compromise position which
would not challenge the method of enactment. The compromise
position would be to look at the eighteen polices related
directly to land use designation interjurisdictlonal
incompatibilities, subject to public hearings on the matter now
scheduled to occur sometime in November.
Ms. White indicated that there may be a Municipal League
Executive Board meeting at 9:00 a.m. on October 24, 1990 in te
city's Lantana Council Chambers and a general membership
meeting a.t 11:00 at the City of Lantana Community Center. Ms.
Whi te hopes that the City's formal position is available for
these meetings.
Attached is a resolution which adopts the compromise position6
Please place this resolution on the City Conunission agenda of
eetcb~r 23. 19906
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # I ~ - MEETING OF OCTOBER 23, 1990
ORDINANCE NO. 47-90
DATE: October 19, 1990
This is a second reading of an Ordinance annexing six parcels along
Military Trail with various zoning designations. This action is
pursuant to policies in the Comprehensive Plan "calling in" all
commitments (via water service agreements) on property located east of
Military Trail. This is the last of those properties. The proposed
annexation area is comprised of six parcels under four ownerships,
which lie north of the L-33 Canal, included in those parcels is the
Kentucky Fried Chicken, Trails End Plaza, and an adjacent strip
shopping center to the north. Four of the six properties proposed for
annexation are covered by water service agreements. The other two
properties are, a 1. 35 acre parcel being annexed subject to a
voluntary petition and a 2.43 acre vacant parcel owned by Florida
Power and Light. We have received the voluntary petition from FP&L
and thus are ready to proceed with the formal annexation of this area.
The annexation and initial zoning of these properties via the "calling
in" of existing water service agreements is straight forward. The
proposed City zonings are equivalent to the existing County zonings.
No potential land use conflicts are created.
The Planning and Zoning Board at their September 17th meeting
recommended approval of the annexation action. At that time
adjustments were made to the depth of the commercial zoning in order
to accommodate existing development.
Recommend approval of Ordinance No. 47-90 annexing property located on
Military Trail with initial City zoning of GC (General Commercial)
District and AG (Agricultural) District to include the Florida Power
and Light parcel.
,
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ORDINANCE NO. 47-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH SIX (6) PARCELS OF LAND LYING AND BEING IN
SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED NORTH OF WEST ATLANTIC AVENUE ON THE EAST SIDE
OF MILITARY TRAIL, LYING NORTH OF THE L-33 CANAL;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL
COMMERCIAL) DISTRICT, IN PART, AND AG (AGRICULTURAL)
DISTRICT, IN PART; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Pebb Enterprises is the fee simple owner of the North
Half (N 1/2) of the Southwest Quarter (SW 1/4) of the Southwest Quarter
(SW 1/4) of the Northwest Quarter (NW 1/4) , less road and additional
road rights-of-way and the East 305 fee t, and the West 15 feet of the
South 44 feet of the East 305 feet of the North Half (N 1/2) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4), containing 2.46 acres, more or less; and,
WHEREAS, Grace Everett is the fee simple owner of the North
Half (N 1/2) of the West Half (W 1/2) of the South Half (S 1/2) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4) , less the westerly 23 feet additional State
Road 809 right-of-way, and the Easterly 40 feet of the North Half (N
1/2) of the Southeast Quarter(SE 1/4) of the Southwest Quarter (SW 1/4)
of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) ,
containing 1.43 acres, more or less; and,
WHEREAS, Grace Everett is the fee simple owner of the South
Half (S 1/2) of the West Half (W 1/2) of the South Half (S 1/2) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4) , less the westerly 23 feet additional State
Road 809 right-of-way, containing 1.27 acres, more or less; and,
WHEREAS, Grace Everett is the fee simple owner of the North
Half (N 1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter
( SW 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW
1/4) , less the westerly 40 feet thereof, containing 1.19 acres, more or
less; and,
WHEREAS, Grace Everett is the fee simple owner of the South
Half (S 1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter
( SW 1/4) of the Southwest Quarter ( SW 1/ 4 ) of the Northwest Quarter (NW
1/4) , containing 1.35 acres, more or less; and,
WHEREAS , Florida Power and Light Company is the fee simple
owner of the East 305 feet of the North Half (N 1/2) of the Southwest
Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the Northwest
Quarter (NW 1/4), less the west 15 feet of the south 44 feet, containing
2.43 acres, more or less; and,
WHEREAS, the fee simple owners as hereinabove named have
requested by their petitions to have the property hereinafter described
annexed into the municipal limits of the City of Delray Beach; and,
I(J~
WHEREAS, the subject property hereinafter described is now
contiguous to the corporate limits of the Ci ty of Delray Beach, thus
making said petitions for annexation effective at this time; and,
WHEREAS, the designation of a zoning classification is part of
the annexation proceeding, and provisions of City Code Section 173.886
have been followed in establishing the proposed zoning designation; and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described lands located in Palm Beach County, Florida, which
lie contiguous to said City to-wit:
PARCEL "A"
The North Half (N 1/2) of the Southwest Quarter (SW
1/4) of the Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4), less road and additional
road rights-of-way and the East 305 feet, and the West
15 feet of the South 44 feet of the East 305 feet of
the North Half (N 1/2) of the Southwest Quarter (SW
1/4) of the Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4) , containing 2.46 acres,
more or less (Tax No. 00424613000003020); together
with,
The North Half (N 1/2) of the West Half (W 1/2) of the
South Half (S 1/2) of the Southwest Quarter (SW 1/4)
of the Southwest Quarter (SW 1/4) of the Northwest
I Quarter (NW 1/4), less the westerly 23 feet additional
. I
I State Road 809 right-of-way, and the Easterly 40 feet
I of the North Half (N 1/2) of the Southeast Quarter (SE
i 1/4) of the Southwest Quarter(SW 1/4) of the Southwest
I
I Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) ,
I containing 1. 43 acres, more or less (Tax No.
I 00424613000003092); together with,
The South Half (S 1/2) of the West Half (W 1/2) of the
South Half (S 1/2) of the Southwest Quarter (SW 1/4)
of the Southwest Quarter (SW 1/4) of the Northwest
Quarter (NW 1/4), less the westerly 23 feet additional
State Road 809 right-of-way, containing 1.27 acres,
more or less (Tax No. 00424613000003170)
PARCEL "B"
The North Half (N 1/2) of the Southeast Quarter (SE
1/4) of the Southwest Quarter (SW 1/4) of the South-
west Quarter (SW 1/4) of the Northwest Quarter (NW
1/4), less the westerly 40 feet thereof, containing
1.19 acres, more or less (Tax No. 00424613000003090);
together with,
The South Half (S 1/2) of the Southeast Quarter (SE I
1/4) of the Southwest Quarter (SW 1/4) of the South-
west Quarter (SW 1/4) of the Northwest Quarter (NW
1/4) , containing 1.35 acres, more or less (Tax No. I
00424613000003091); together with,
- 2 - Ord. No. 47-90
.
The East 305 feet of the North Half (N 1/2) of the
Southwest Quarter (SW 1/4) of the Southwest Quarter
(SW 1/4) of the Northwest Quarter (NW 1/4), less the
west 15 feet of the south 44 feet, containing 2.43
acres, more or less (Tax No. 00424613000003160)
1 The subject property is located north of West Atlantic
I Avenue on the east side of Military Trail, lying north
I
,I of the L-33 Canal.
The above described parcels contain a 10.13 acre
1: parcel of land, more or less.
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,I Section the boundaries of the City of De1ray Be ach ,
" 2. That
I
, Florida, are hereby redefined to include therein the above described
,
, tracts of land and said lands are hereby declared to be within the
:' corporate limits of the City of De1ray Beach, Florida.
Section 3. That Section 173.886 of the Zoning Code has been
followed in the establishment of a zoning classification in this
ordinance and the tract of land hereinabove described as Parcel "A" is
hereby declared to be in Zoning District GC (General Commercial) as
defined by existing ordinances of the City of De1ray Beach, Florida.
Section 4. That Section 173.886 of the Zoning Code has been
followed in the establishment of a zoning classification in this
ordinance and the tract of land hereinabove described as Parcel "B" is
hereby declared to be in Zoning District AG (Agricultural) as defined by
existing ordinances of the City of De1ray Beach, Florida.
Section 5. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of De1ray Beach are now or may be subjected and
persons residing thereon shall be deemed citizens of the City of Delray
Beach.
Section 6. That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for such
roads, alleys, or the like, unless otherwise specifically initiated by
the City pursuant to current requirements and conditions.
Section 7. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 8. That should any portion or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 9. That this ordinance s ha 11 become effective
immediately upon passage on second and final reading.
- 3 - Ord. No. 47-90
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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
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- 4 - Ord. No. 47-90
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: (:JR:::Rk~:NISTRATIVE ASSISTANT III
FROM: ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 25, 1990
FIRST READING OF ORDINANCE ANNEXING PROPERTY ON THE
EAST SIDE OF MILITARY TRAIL, NORTH OF THE L-33 CANAL
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an annexation ordinance which
will bring 10.13 acres into the City with a mix of GC and AG
zoning designations.
An annexation action requires four weeks of notice prior to
public hearing and second reading. Thus, second reading
should be before the Commission on October 23, 1990.
BACKGROUND:
Pursuant to policies in the Comprehensive Plan, the City intends
to "call in" all commitments (via water service agreements) for
property located east of Military Trail this year. The property
under consideration at this time completes that process.
The properties being called in include Kentucky Fried Chicken,
Trails End Plaza, and an adjacent strip shopping center to the
north. In addition to the "call in" properties, two other
property owners have taken advantage of this opportunity to be
annexed. Both of these parcels are vacant. Annexation will add
$24,000 in ad valorem revenue to the City in FY 91/92.
Please refer to the Planning and Zoning Board staff report for a
complete description of the use of the property and an analysis
of the annexation and initial zoning action.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed this item at a public
hearing on September 17, 1990. There was no public comment other
than from the applicant. Adjustments were made to the depth of
the commercial zoning in order to accommodate existing
development.
.
City Commission Documentation
Meeting of September 25, 1990
First Reading of Ordinance Annexing Property on the
East Side of Military Trial, North of the L-33 Canal
Page 2
The Board then forwarded the request with a unanimous
recommendation of approval.
RECOMMENDED ACTION:
Approval of this enacting ordinance on first reading.
Attachment:
* Cover sheet from the P&Z Staff Report of September 17, 1990
* Appropriate location maps from the Staff Report
DJK/#69/CCANNEX.TXT
.
PLANN; I NG 8 ZON I NG BOARD STAFF REPORT
- -- - --
CITY OF OELRAY BEACH
I .cET ING OOTE: Sel)tember 17. 1990
AGeo=l llEH: III. D.
ITEM: Annexation of Various Parcels Located East of Military Trail and North of the
T.-ll Canal with Initial Zonini Dp.si~nAtjons of GC (General CommerciAl). AG
(Agricultural) and CF (Community Facilities).
LOCATION MAP
(Next Page)
G ~ERAL DATA:
Owner..........................Various, see Table 2 on p. 3
Location.......................East of Hilitary Trail north of
West ~tlantlc and north of the
L-J3 Canal
Property Size..................lO.13 ~cres
County Land Use Plan...........C (Commercial)
Existing City Land Use Plan....General Commercial and
Transitional
Existing County Zoninq.........CG (General Commercial) and AR
(~gricultural Residential)
Proposed City Zoninq...........GC (General Commercial) and
AG (Agricultural)
(illustrated on last page of
staff report)
Adjacent Zoning................North: County AR (~gricultural
Residential)
East: County AR (Agricultural
Residential)
South: City GC (General
Commercial
~: County CS (Specialized
commercial) and CG (General
Commercial)
Existing Land Use..............Various, see Table 1 p. 3
Water Service .................Existing 12" line on the east
side of Hilitary Trail
Sewer Service .................Existing 12" main connecting to
each of the subject properties
fronting on Military Trail and
a 4" force main along the east
side of Hilitary Trail to the ITEM: III. D.
Extra Closet north of the subject
.......,..""1..
..
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
annexation/initial zoning of six properties. Four of the six
properties involve existing water service agreements, one is the
subject of a voluntary annexation petition, and the last is
subject to the anticipated receipt of a voluntary annexation
petition prior to final reading of the enacting ordinance. This
information is set forth in Table 2 on page 4.
Action on this item involves a recommendation to the City
Commission to either annex and establish initial City zoning on
the subject properties or to reject any, or all, of the proposed
annexations. The properties subject to water service agreement
call-in can be annexed with or without the two properties
proposed for annexation via current voluntary petitions.
BACKGROUND:
The City granted three ( 3 ) water service agreements in this area
between 1979 and 1988. Each of the three water service
agreements contains the standard voluntary annexation clause.
However, none of the properties covered by the water service
agreements were eligible for annexation until last year with the
West Atlantic Avenue Annexation #1 which incorporated the Delray
Square Shopping Center.
Four of the six properties proposed for annexation are covered by
water service agreements and are being annexed via water service
agreement call-in pursuant to voluntary annexation clauses. The
fifth property is a 1. 35 acre parcel subject to a voluntary
petition. The owner of this fifth property, Mrs. Grace Everett,
also owns three of the four properties subject to the water
service agreement call-ins. The sixth property is a 2.43 acre
vacant parcel owned by Florida Power and Light Company. A letter
soliciting voluntary annexation of this parcel was sent to the
Company and the property is included in anticipation of a
positive response prior to adoption of the enacting ordinance for
these annexations.
The Everett Petition:
The voluntary petition submitted by Mrs. Grace Everett is for the
annexation of Parcel 309.1 subject to initial zoning of ACT
(Agricultural Commercial Transitional). As mentioned above, Mrs.
Everett also owns Parcels 309, 309.2 and 317 which are adjacent
to Parcel 309.1 and are covered by existing water service
agreements. The applicants intent is to eventually develop
Parcels 309 and 309.1 as commercial or storage facilities.
.
P&Z Staff Report
Everett Annexation
Page 3
The shopping center on Parcel 302 was preexisting at the time the
water service agreement for the parcel was approved by the City.
Therefore Parcel 302 and the the Trails End Plaza (Parcel 309.2),
approved under County jurisdiction, have no official status in
the City. If and when additional development is proposed on any
of these parcels, a site plan for the entire parcel will be
required for documentation purposes and site upgrading may also
be required.
Current Uses:
The existing uses and proposed zoning of each property are listed
in the Table on the following page.
Effect on Siqns:
Any signage existing in the proposed annexation area which does
not comply with the City's Code will be required to conform or be
removed on or before July 10, 1991.
Comprehensive Plan:
Annexation of the subject properties is consistent with the
service area delineated in the City's Comprehensive Plan. Policy
B-3.4 of the Land Use Element designates nine annexation areas,
one of which is the area east of Military Trail, north and south
of Atlantic Avenue, therefore annexation of the subject
properties is consistent with the annexation policies of the
City's Comprehensive Plan.
Access:
Military Trail which abuts the territory on the west is paved to
City standards and is maintained by Palm Beach County. West
Atlantic Avenue which lies to the south of the subject area is
paved to City standards and is maintained by the State.
Expansion of Atlantic Avenue to six lanes (pavement width of 72
feet) from Jog Road east to 1-95 is proposed by the County in FY
91/92. Military Trail widening to six lanes from Atlantic Avenue
northward has recently been completed. Improvement of Military
Trail south of Atlantic Avenue is not included in the County's
Five-Year Road Plan.
Access to the properties behind the Kentucky Fried Chicken and
Trails End Plaza will be via the existing driveway between the
properties which services the existing single family residence.
This access is not adequate for the development of the property
in the future and though not correctable can be assisted by the
use of an existing 25' driveway, with single loaded parking, on
ill
P&Z Staff Report
Everett Annexation
Page 5
the south side of the Kentucky Fried Chicken. This situation is
not ideal in that it uses an existing driveway with parking to
access a separate use/site. Providing acceptable and appropriate
access will be an issue at the time a development proposal is set
out for Parcels 309 and 309.1.
Water/Sewer Service:
Water and sewer facilities are located within the eastern portion
of the right-of-way of Military Trail. These facilities are:
a 12" water main terminating adjacent to parcel 302,
an 8" sewer line terminating adjacent to parcel 302,and
a 4" force main running northward to the Extra Closet.
The Kentucky Fried Chicken (parcel 317), Trails End Plaza
(parcel 309.2) and the shopping center on parcel 302 are
presently connected to water and sewer service. The undeveloped
properties (parcels 309.1 and 316) and the single family
residence (parcel 309) are not presently receiving service.
The water service agreement for Parcel 309 was to provide water
for the commercial frontage, and service has not been extended to
the single family residence.
Public Improvements:
Upon development of the vacant parcels and redevelopment of the
single family parcel, the extension of (connection to) service
will be the responsibility of the developer/owner. Water mains
will need to be looped for fire flow purposes. Also easements
for water and sewer mains will be required over the parcels
abutting Military Trail in favor of property to their east.
Police, Fire and Emerqency Medical Services:
Annexation of the subject area will not have an adverse effect
upon the City's ability to provide police, fire or emergency
medical services (EMS). The adequacy of police services is
evaluated in the Enclave Annexation Report for the recently
completed enclave annexations utilizing an officers per # of
residents ratio. As the area proposed for annexation is
commercial (nonresidential) no additional police personnel should
be required to provide service to the area. The boundaries of
existing patrol zones in the area may require adjustment as a
result of the annexations.
The effectiveness of fire and EMS is measured by response time.
The responding station for calls in the area proposed for
annexation will be Station 4, at Barwick and Lake Ida Road.
Response time from this Station is satisfactory, so annexation of
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P&Z Staff Report
Everett Annexation
Page 7
Standards for Evaluatinq Rezonings:
Section 173.888 sets forth seventeen standards for evaluating
rezoning requests for which the Planning and Zoning Board and the
City Commission shall make written findings indicating that the
proposed change has been studied and considered in relation to
said standards.
The Planning and Zoning Department has reviewed the proposed
zoning against the seventeen standards of Sec. 173.888 and no
conflicts exist between the standards and the proposed zonings
for the properties, except for the land use plan inconsistency
noted above. This determination is based upon the similarity of
the existing County zonings and the proposed City zonings.
ASSESSMENT:
The annexation and initial zoning of these properties via the
"calling in" of existing water service agreements is straight
forward. The proposed City zonings are equivalent to the
existing County zonings. No potential land use conflicts are
created. Compliance with the City's site and development plan
review process and standards is required for any future expansion
or new construction on the properties.
RECOMMENDED FINDINGS:
1- That the annexation of the subject properties will not
create an additional enclave(s).
2. That service will be provided to this property in a
manner similar to that for similarly situated
properties which are already in the City.
3. That the proposed zonings of GC (General Commercial),
and AG (Agricultural), are consistent with adjacent
zonings and comply (do not conflict) with any of the
seventeen standards for evaluating rezoning requests as
found in Section 173.888.
4. The proposed zonings are generally consistent (do not
conflict) with the existing County zonings of CG
(General Commercial), CS (Specialized Commercial) and
AR (Agricultural Residential) and the existing uses of
the properties.
5. The proposed zonings are consistent (do not conflict)
with the City's land use plan designation of
Commercial and Transitional for the properties.
.
E)(;sts~ ZONING
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PROPOSED ZONING I
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COU'1ty
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (;'1V(
SUBJECT: AGENDA ITEM # 106- MEETING OF OCTOBER 23, 1990
ORDINANCE NO. 48-90
DATE: October 19, 1990
This is a second reading of an Ordinance amending the Code of
Ordinances by repealing Section 92.32 "Dockage Agreement" and enacting
a new Section 92.32 "License Agreement for Boat Dockage" to provide
for a new licensing agreement and updated rules and regulations. This
ordinance "cleans up" contract language found in the previous dockage
agreement with regard to lease hold interest. In addition, it
provides for the update of rules and regulations by requiring a first,
last and security deposit from all residents; a key deposit; and
liability insurance in the amount of $300,000.
In conjunction with approval of the proposed ordinance, the Commission
is also asked to approve the new License Agreement for Boat Dockage
document, as well as, the updated Rules and Regulations and associated
documents.
Recommend approval of Ordinance No. 48-90.
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ORDINANCE NO. 48-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REPEALING, TITLE IX, "GENERAL
REGULATIONS", CHAPTER 92, "BOATS AND BOATING" ,
SUBHEADING, "CITY MARINA" , SECTION 92.32, "LICENSE
, , AGREEMENT FOR BOAT DOCKAGE" ; TO PROVIDE THAT A LICENSE
AGREEMENT MUST BE EXECUTED BY EACH LICENSEE OF DOCK SPACE
AT THE CITY MARINA; TO PROVIDE THAT THE FORM AND TERMS OF
THE LICENSE AGREEMENT SHALL BE APPROVED BY THE CITY
COMMISSION AND SHALL BE KEPT ON FILE FOR PUBLIC
INSPECTION OF ITS TERMS AND CONDITIONS AT THE OFFICE OF
THE CITY CLERK AND IN THE OFFICE OF THE DIRECTOR OF THE
PARKS AND RECREATION DEPARTMENT; BY REPEALING SECTION
92.34, "RULES AND REGULATIONS", TO PROVIDE THAT ALL
LICENSEES AT THE CITY MARINA ARE SUBJECT TO RULES AND
REGULATIONS AS PROMULGATED AND APPROVED BY THE CITY
COMMISSION, SAID RULES TO BE POSTED AT THE CITY MARINA
,. AND FURTHER PROVIDING THAT A COpy OF THE RULES AND
REGULATIONS SHALL BE DISTRIBUTED TO ALL LICENSEES AND
KEPT ON FILE IN THE OFFICE OF THE CITY CLERK AND IN THE
OFFICE OF THE DIRECTOR OF THE PARKS AND RECREATION
, DEPARTMENT FOR PUBLIC INSPECTION; PROVIDING A SAVING
CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; AND
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 IX, "General Regulations" , Chapter 92,
"Boats and Boating" , Subheading "City Marina", Section 92.32, "Dockage
Agreement" of the Code of Ordinances of the City of De1ray Beach,
t... Florida, be, and the same is hereby repealed, and a new Section 92.32,
"License Agreement for Boat Dockage" is hereby enacted, to read as
~ ~ follows:
92.32 License Agreement for Boat Dockage
i
(A) Each Licensee prior to becoming a licensee of dock space
at the City Marina shall execute a written license
agreement which shall automatically expire on September
30th of each year.
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(B) The License Agreement for boat dockage shall be in a form
approved by the City Commission.
(C) A copy of the License Agreement, as approved by the City
Commission shall be kept in the office of the City Clerk
and in the office of the Director of the Parks and
Recreation Department for public inspection.
(D) All Licensees shall abide by the terms and conditions
contained within the License Agreement for Boat Dockage
and the City Marina Rules and Regulations, as may be
amended from time to time.
(E) The City shall require notification and the submission of
a change of status form when the Licensee anticipates
termination of the license agreement, upon temporary
absence of thirty (30) days or more from the marina or for
any other status change.
(F) Each resident must sign a marina key receipt as part of
the license agreement.
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I Section 2. That Title IX, "General Regulations", Chapter 92,
I "Boats and Boating", Section 92.34, "Rules and Regulations", of the Code
of Ordinances of the City of Delray Beach, Florida, be, and same is
hereby repealed, and a new section 92.34, "Rules and Regulations" , is
hereby enacted to be read as follows:
, . (A) All Licensees shall comply with the Rules and Regulations
as promulgated and approved by the City Commission.
(B) The Rules and Regulations shall be distributed to all
Licensees, posted at the City Marina and kept on file in
the Office of the City Clerk and the Of fice of the
Director of the Parks and Recreation Department for public
inspection.
(C) Any suggestions or complaints should be brought to the
attention of the City. The City may cancel the license
agreement and order any vessel to vacate the space that
vessel is occupying for the violation of any of the
marina's rules and regulations or any violation of the
license agreement.
Section 3. That should any section or provision of this
i 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 a.s a
. whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 5. That this ordinance shall become effective
t' immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
\ ' reading on this the _ day of 1990.
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101 A Y 0 R
ATTEST:
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I Second Reading
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II -2- Ord. No. 48-90
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: MARINA ORDINANCE - LICENSE AGREEMENT
DATE: October 1, 1990
I would like to request that Ordinance 42-90, Chapter 92,
"Boats and Boating", Subheading, "City Marina", Section 92.32,
"License Agreement for Boat Dockage"; and Section 92.34, "Rules
and Regulations" be amended and placed on City Commission
agenda for approval. The changes are being made to the
ordinance and rules and regulations for the following reasons:
1- Change from a lease agreement to a license agreement
that would require annual renewal and clean-up
contract language as to lease hold interest.
2. Require first month, last month and a security deposit
equal to one month's dockage from all residents.
Holding a security deposit will prevent residents once
they have notified us they are leaving. and using their
last month payment for the dockage fee, from staying
in the slip and preventing us from getting the new
licensee in. Security deposits will be returned only
after the resident has left.
3. Require that all residents sign a marina key receipt
form that deducts $20.00 from their security deposit
if they do not return the building and mail box keys.
4. Requires all residents to maintain at least
$300,000.00 in liability insurance and name the City
as additional insured on their insurance policies.
Please review and advise. ..-1,
,
Joe
Dire Parks and Recreation
JW: jmh
REF:JW215.DOC
Attachments
cc: Cheryl Leverett, Administrative Assistant III
Susan Ruby, Assistant City Attorney
City of Delray Beach Slip No.
100 N.W. 1st Avenue Dated
Delray Beach, Florida 33444
LICENSE AGREEMENT FOR BOAT DOCKAGE
This Agreement, made the day of ,
199__ by and between the City of Delray Beach, Florida, (MARINA)
as licensor, and the undersigned owner (OWNER) jointly and
individually, as Licensees.
Name of Vessel Overall Length
Beam Draft Power Sail
OWner(s)
Residence Address
City State Zip
Home Telephone ( )
Business Address
City State Zip
Work Telephone ( )
1- The term of this License Agreement shall commence the
day of , 199 and shall
terminate the 30th day of September of each year unless the
Agreement is terminated earlier upon one of the following
conditions:
a. By breach or forfeiture of any of the covenants
or conditions of this agreement.
b. By written notice of ~ermination by the Marina.
.
c. By written notice of at least thirty (30) days by
the Owner, accompanied by tender of unpaid fees
or charges, if any.
d. By the dock or mooring facility becoming
unserviceable for any reason whatsoever.
2. The security deposit is payable once
at the initial signing of the license agreement. The dockage
rate is per month, or part of a month thereof,
payable monthly. Also payable is one month's dockage fee and
security deposit equal to one month's dockage fee at signing of
license agreement.
-.-.-
The dockage rate shall be at the rate established by the
City Commission from time to time. The City Commission reserves
the right to change the rates at any time during this agreement,
subject, however, to giving ten (10) days notice to the Owner
prior to the time any such increase shall be effective as to
such Owner.
3. The City, prior to permitting a boat to moor at the
Marina, shall have the right to inspect the boat and insurance
documentation.
4. The intention of the parties is to create a license
for a non-commercial use of dock space only, with Marina as
Licensor and Owner as Licensee. This agreement confers no
lease-hold interest, and is revocable at any time by marina upon
notice posted aboard the boat or sent to the Owner at either' of
the addresses listed above.
5. Marina reserves the right to exclusive control over
the use of dock space. Use of dock space is the personal
privilege of the Owner and is not assignable nor may dock space
be sublicensed. Any attempt to assign or assignment of or
attempt to sublicense the dock space under this license
agreement by Owner is void, terminates this agreement, and
excuses the Marina from further performance of this license
agreement. The Marina reserves the right to sublicense the dock
space during Owner's absence from the dock space. Owner shall
not substitute another vessel for the above described boat
without the prior written consent of the Marina.
6. All dockage fees are due by the tenth of each month.
A late fee of twenty-five dollars ($25.00) shall be imposed for
those payments not postmarked by the tenth of each month.
Failure to pay an outstanding balance shall constitute a breach
of this License Agreement and authorizes Marina to sell the boat
at a non-judicial sale or to take any other legal action or
remedy available pursuant to Florida law. The Marina shall have
a lien and security interest in the above described boat, its
appurtenances and contents for unpaid sums due it for dockage
fees, damage caused to any docks, property or persons at the
Marina. If suit is brought to enforce said lien, to perfect
and/or collect on said security interest or to collect any
amount due under this agreement, the Owner shall have an
additional liability for reasonable attorney's fees and all
other costs incurred in connection herewith are services
rendered under this agreement are provided on the credit of the
vessel.
7. This agreement is . for the use of dock space only.
Such space is to be used at the sole risk of the Owner. The
Marina shall not be liable for the care or the protection of the
boat including its gear, equipment, appurtenances or contents.
Owner represents and warrants that Owner maintains adequate
insurance, including protection and indemnity, on the boat, its
contents and equipment of whatever nature.
..- -_.. _.
8. Marina expects Owner to have made suitable
arrangements for safe, sheltered anchorage during tropical
storms or hurricanes, and Owner warrants such arrangements have
or will be made. Owner may not assume that Marina's premises
will be a safe, sheltered anchorage during tropical storms or
hurricane or an emergency, Marina, at its sole discretion,
reserves the right to remove or evacuate vessels at the Owner's
risk and expense. Undertaking to move or evacuate a boat shall
not be deemed an assumption or responsibility for the safety,
security and care of Owner's boat by Marina, nor shall Marina be
deemed a bailee of the boat.
9. Owner for himself, heirs, personal representatives,
successors, and assigns, as the case may be, releases and holds
harmless and indemnifies Marina, the City of Delray Beach,
Florida, and its officers, agents, and employees from any . and
all liability for loss or damage to the boat, its Owner, and
Owner's agents, employees, or guests, or negligence, whether or
not such loss or damage is based upon the negligence or conduct
of Marina and from any and all loss, damage, liability, legal
action or claim of whatsoever nature, rising out of the Owner's
use of the facilities of the marina, the presence of the Owner's
boat, car, or personal property at Marina, or the moving of the
boat, whether loss or damages to the property owned by the
Marina, or any other person and whether loss or damage is the
result of the negligence or conduct of the Marina. Marina
disclaims all express or implied warranties, and Owner, on
behalf of himself, his heirs, personal representatives,
successors, and assigns, as the case may be, releases Marina
from any and all liability arising out of any such warranties.
10. The Owner agrees to comply with all laws, rules and
regulations pertaining to Marina operations. Failure of the
Owner to comply with any such laws, rules or regulations or to
pay the dockage fee prescribed within this agreement shall
result in termination of the agreement and the Marina may remove
the vessel from its mooring at the Owner's risk and expense and
may take possession of the space and may enter into a License
Agreement with another party. The rules and regulations
governing the Marina are incorporated herein.
11. Breach of this license agreement by Owner, Owner's
guests or agents, including but not limited to the violation of
the rules and regulations governing the Marina, terminates this
agreement, excuses Marina from further performance and permits
Marina to immediate cause the removal of the boat at the Owner's
risk and expense. The Marina shall not be deemed a bailee of a
vessel removed pursuant to this section.
12. No modifications to this license agreement shall be
enforceable unless in writing and executed by the City.
Marina's failure to require strict performance of this license
agreement or waiver of any conditions herein shall not act as a
waiver of rights hereunder nor be deemed a continuing waiver.
.. --... --- ---."
13. Owner warrants and represents that the boat will be
presented for dockage and maintained throughout free of hazards
that may cause danger, damage or expense to Marina or to others.
The boat shall be maintained in an operable condition at all
times, must be in a seaworthy condition and under its own power,
or be removed from the premises.
14. The Owner represents and warrants that the Owner shall
comply with the Federal Water Pollution Control Acts (33 U.S.C.
Section 1231 - prohibiting discharge of oil or oily water, 33
U.S.C. Section 1322 - prohibiting discharge of untreated sewage)
and all other applicable Federal, State, County and Municipal
laws and regulations.
15. This license agreement shall be interpreted in
accordance with the laws of the State of Florida. and the laws' of
the United states. If any portion of this license agreement is
found null and void, the remaining portions of this license
agreement shall continue in full force and effect.
16. The Owner, jointly and individually, shall be
obligated to pay and shall pay all costs, including reasonable
attorney's fees, occurred by Marina in non-judicial proceedings
or judicial proceedings and appeals therefrom to enforce any and
all provisions of this license agreement, including any sums due
Marina.
17. Owner hereby acknowledges that Owner has read and
fully understands this license agreement for boat dockage as
well as the rules, policies, and regulations currently governing
the use of dock space. Further, Owner agrees to comply with
current rules, policies and regulations or as hereafter amended
during the term of this license agreement for boat dockage. A
failure to comply with such rules, policies, and regulations
shall be deemed to be a breach of this agreement, and Marina may
seek whateve~ appropriate remedies are provided for hereunder.
The person or persons signing below does or do certify that
he/she or they are the lawful owner or owners of the vessel here
and above described or are authorized to subject such vessel to
the provision of this license agreement.
CITY OF DELRAY BEACH MARINA
OWNER(S)
By:
Date:
RULES AIm REGULATIONS OF THE CITY MARINA
(A) A copy of these rules and regulations shall be
furnished to each person, firm, or corporation having a license
agreement for dockage space in the City Marina. The rules and
regulations of the City Marina are as set forth hereinbelow. It
is made a condition of the License Agreement that the aforesaid
rules and regulations shall be fully complied with by any
person, firm, or corporation.
1) The rules of the road and the navigation laws of the
United States apply to all vessels in or approaching the marina.
2) Residents departing should notify the City so that
proper arrangements can be made to have docks clear upon return.
The marina reserves the right to sublicense all docks when they.
are vacant.
3) Sublicensing of slips by resi~ents is not permitted.
4) Noise should be kept to a minimum at all times.
5) Residents should use discretion in the operation of
generating plants, main engines, and other power equipment so as
not to create exceptional noise after 6:00 p.m. and before 9:00
a.m.
6) The extent of boat repairs and maintenance at dockside
is at the discretion of the City. Major repairs will not be
allowed.
7) Piers are to be kept clear at all times. Storage of
loose gear is not permitted. Hoses and electric lines should
not cross piers. No dock boxes or any other fixtures shall be
placed on piers without specific written approval of the
Director of Parks and Recreation.
8) Pets are permitted upon approval of the Director of
Parks and Recreation as long as they do not disturb other
guests. They must be leashed at all times.
9) Only boats in seaworthy condition and under tneir own
power will be admitted to berthing areas. .
10) All boats of Florida registry will be required to
maintain a current Coast Guard courtesy examination certificate.
11) Berths will be assigned by the City, or his duly
authorized representative.
12) It shall also be the responsibility of licensees to
keep their vessels in such condition that they do not become
unsightly or dilapidated or reflect unfavorably on the
appearance standards of the marina.
13) No refuse shall be thrown overboard. All garbage and
trash shall be placed in receptacles provided. No person shall
discharge sewage, oil, spirits, inflammable liquids, oily
bilges, other chemicals or substances into the basin.
14) Swimming, diving, or fishing shall not be permitted
from the docks or boats.
15) Laundry of any type or any item of a personal nature
shall not be hung to dry out, or air, in public view aboard any
vessel or any pier while a dockside licensee of the marina.
16) No advertising or soliciting will be permitted on any
boat. However, any boat may display a small, not to exceed one
foot square, "for sale" sign.
17) It shall be unlawful for the owner, operator, or
person in charge of any vessel to remove said vessel from the
marin~ property, without permission of the City, when said
vessel has a delinquency in its dockage account.
18) No fires of any kind shall be allowed on boats or main
docks.
19) Only one (1) automobile per slip will be permitted by
the City and then may only be parked in the designated areas and
shall at all times be maintained in good order.
20) Please notify the Parks and Recreation Department
thirty (30) days prior to departure and provide an emergency
contact address and telephone number if possible.
21 ) Licensees must be able to produce evidence of
liability insurance in an amount equal to or greater than
$300,000.00 naming the City as an additional insured. A valid
copy of the insurance certificate must be on file with the City.
22) Trailers of any type are not allowed to be stored or
parked on Marina property.
(B) Any suggestions or complaints should be brought to the
attention of the Parks and Recreation Department. The City, or
its representative, may cancel the dockage license agreement and
order any vessel to vacate the space said vessel is occupying
for the violation of any of the marina's rules or regulations.
Approved by the City Commission this day of
, 1990.
Mayor
~
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[ITY DF DELIAY BEAEN
100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 407/243.7000
MARINA KEY RECIEPT
I have received marina building keys and U. s. Mail
Box keys from the City of Delray Beach. Upon termination of my
license agreement to use a slip at the Delray Beach Municipal
Marina I will return these keys to the City of Delray Beach or I
will have twenty dollars ($20.00) deducted from my security
deposit.
Marina Resident's Signature Date
Key(s) #
.
THE EFFORT ALWAYS MATTERS
~~~";"'-!i' ~..............
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llTY DF DELIAY BEAEH
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243.7000
DELRAY BEACH MUNICIPAL MARINA
CHANGE OF STATUS FORM
I request the following regarding my license agreement at the
Delray Beach Municipal Marina:
1. TEMPORARY ABSENCE FROM MARINA
Departure Date:
Estimated Return Date:
2. TERMINATION OF LICENSE AGREEMENT
Thirty (30) Day Advance Notice Required
Effective Date:
Owner's Signature Date
THE EFFORT ALWAYS MATTERS
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # I tJ t2. - MEETING OF OCTOBER 23, 1990
ORDINANCE NO. 49-90
DATE: October 19, 1990
This is a second reading of an Ordinance amending the Code of
Ordinances by enacting a new Section 8.4.16 "Stormwater Management
Assessments" to provide the method for imposing and collecting annual
Stormwater Management Assessments; enforcing collection of delinquent
assessments; and calculating assessment rates.
A detailed staff report outlining the City's responsibilities with
regard to property owner notification and billing is enclosed as
backup material for this item. In addition, written recommendations
from the consulting engineer are attached as well.
Recommend approval of Ordinance No. 49-90.
.
cr?( ATTORNEf'S OFFICE TEL No, 407 273 J755 Oct, Ij5,jlj L.l::~ ; . I
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ORDINANCE NO. 49-90
AN ORDINANCE Of THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, rLORIDA, AMENDING ARTICLE 8.4, "PUBLIC
IMPROVt:MENTS AND SPECIAL ASSESSMENTS", OF THE LAND
D~VELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE C:::TY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 8.4.2, "DEFINITIONS", BY ENACTING A NEW
SECTION 8.4.16, "S'l'ORMWAT!R MANAGEMENT ASSESSMENTS";
PROVIDING FOR DEfINITIONS; PROVIDING A METHOD OF
IMPOSING AND COLLECTING ANNUAL STORMWATER MANAGEMENT
ASSESSMENTS FOR THE BENEFIT or THE CITY OF DELRAY
BEACH'S STORMWAT!R MANAGEMENT PROGRAM; PROVIDING A
METHOD or ENFORCEMENT OF DELINQUENT STORHWATER
MANAGEMENT ASSESSMENTS, PROVIDING FOR PUBLIC
HEARINGS AND NOTICESJ ESTABLISHING A BASIS OF
CALCULATION OF STORMWATER MANAGIMINT ASSESSMENTS;
PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE: AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Delray B.ach, Florida (the "City") did
own and operate a tragmented .torlllWater system for the coll.ctlon,
control and disposal of .torm and other surface waters (the "Eltisting
system"); and,
I
WHERI!;AS, the City, pursuant to Ordina'nee No. 21-90 (the
"Ordinance"), has created and e.tablished a comprehensive stormwater
management system (the "System"); and,
WHEREAS, pursuant to the Ordinance, a tundinq mechanism was
provided for the costs at operating and maintai.ning the System and
financing and refinancing the n.c....ry repairs, replacements, improve-
ment. and extension. thereof, impo81ng stormwater assessments on /!Ill
real property within the City, o~her than non-assessed property, in
relationship to user impacts, services received and benefits enjoyed
therefrom (the "Stormwat.er Management A.ssessments"); anc1,
WHEREAS, the City d.sire. to provide for the method of estab-
li.hing .uch Stormwater Management As.e.sments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article 8.4, "Public Improvements and SpeCial
A.....m.nta" of Section 8.4.2, "Definitions" ot the Land Devlitlopment
RequlaUon. of the Code ot Ordinance. of the City of D.lray Beach,
FlOrida, be .nd the same i. hereby amended to include in alphabetical
order the following terms:
uSv.tem". The City's unitled Stormwater Managem.nt System, as
more particularly described in Section 56.03(8).
"Stormwllter Manaaement A.....ament.". Non-ad valorem assess-
ment. imposed by the City pursuant to Chapter 56 and Section
403.0893, Florida Statut.., as amended and supplemented, on all
developed property which i. not non-a....sea property, and on all
unimproved land which i. not non-a.sessed property, in the
Benefited Area in relation to .ach such property's estimated
contribution of stormwat.r runoff to the System and the bene f1 t
derived from the use ot the facUitie. of the System, and the
fut.ure improvements to be funded trom Stormwater Manaqement Assess-
ment.. Such Stormwater: Managem.nt Assessment, shall ineluc1e thtl
C:-;-y HT7,::~NE/3 OFFICE TEL No. 407278 4755 OCt 0:.3') l.J:LI F,:,~
pro rata cost ot the operation and maintenance of the System, base.
on the same proportion of benefit asse.sed against each parce
within the Benefited Area.
"Benef1 ted Area". The geographical boundaries of the C1 t'.
including all tuture annexations and consolidations. .
Section ~. That Article 8.4, "Public Improvements and Assess.
ments" of the Land Development Regulations of the Code of Ordinances c:
the City of Delray Beach, Florida, be, and the sam. is her.by amended c\
enacting a new S.ction a. 4.16, "Stormwater Management Assessments", t~
read as follows:
Section 8.4.16. Stormwat.r Manaaement Asse.sments.
(Al Public H.aring(s). The City Shall hold one or more
public hearing tor the follOwing purpos.s in the order set fort~
below;
(1) Budg.t. Other than with respect to the initial
budget which shall be determined in the manner set forth i~
56.16, to adopt, pursuant to Chapter S6 of the Code of
Ordinance. of the City, an operational budq.t for the System
for the next Usc;al year to cover the estimated costs Of
planning and const'ructlng additions, .xtensions end improve-
mene. to the Syste.., to COver the d.bt service requirements
for any obligations issued by the City to/finance or retinance
addi tion., exten.ion. and Improvements / to the Syste/lv.. to
establ18h reserve. for anticipated delinquent or uncolle ''le
Stormwater Manaq.ment Ass.aam.nts; and to cover the cc.. . of
operation and maintenance ot the system.
(2) Rate Relolution. TO adopt a rate resolution incor-
porating a schedule ot Stormwater Managem.nt Ass.ssments,
pursuant to Section 56.16 of the COde of Ordinanees of the
City, to impo>>v upon the own.rs of all real property in the
City, other than non-asse.sed property, which shall constitute
a li.n as provided for in Chapter S6 of the Code ot Ordinances
ot the City in order to provide revenues which shall be
sufUcient to fund the budqet referr.d to in the aforemen-
tioned paragraph. The rat.. established by the City in each
year under the provilions ot the rate resolution shall be
suffici.nt to prov1de monies for the purposes described in
paragraph (1) and the City shall not establish rates over and
above the ratell that are necessary to comply with the pro-
visions of paraqraph (1) and the budgetary requirements of any
proce.dlngs ot the Clty her.tofore or hereafter adopted in
connection with the i..uanc. ot any ot its bonds, notes or
other evidence. of ind.bt.dn....
(3) Preparation ot Stormwater Manaq.ment Assessment
Roll. aa.ed upon the propo.ed rate resolution, the City shall
prepare a Stormwater Management AI.essm.nt roll. Such
Stormwater Management roll shall contaln a summary dellcription
ot each parcel of real property within the City on or before
the Ur.t day ot the Uscal year for whiCh the Stormwater
Manaqement ASlesament. are to be impo.ed, the name and address
of the owner of each parcel of real property, the rate
applicable to each parcel of r.al prop.rty as IIpecified in the
proposed rate r.solution and the amount of the Stormwat'.er
Management Asa.alments applicable to .ach parcel of pre y
-- subject to the Stormwat.r Management Assessments. The au y
description of each parcel of real property ahall be in detail
as to permit ready identification of each parcel on the real
2
ORD. NO. 49-90
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property records. The information specified above to be
included in the Stormwater Management Assessment roll shall.
conform to that maintained by the property appraiser on the
real property records.
(4) Certification and Addition of Stormwater Management
Assessment Roll. The City ahall review the Stormwater Manage-
ment Assessment roll to determine it. conformity with the
proposed rate resolution. The City .hall make such chang.. or
additions as nece.sary to conform such Stormwater Management
Asaessment roll with the propo..d rat. resolution. I f upon
the completion of such revi.w, the City shall be satisfied
that the Stormwater Manag.ment A.se.sm.nt roll has been
prepared in conformity with the proposed rate resolution, it
shall adopt said reaolution and ratify and confirm the
Stormwater Management Asse..ment roll and certHy that the
Stormwater Management A....sment roll is correct and proper
and is to be used in collecting the Stormwater Management
A.sessments. If no objection. Ihall be made by persons
affected by the assessment roll at the public hearing, or if
objections having been made, they .hall be deemed insufficient
by the City Commission, t.he City Commhalon shall thereupon
adopt the as.essment. as shown by the asseasment roll.
(5) Notice of Public H.arln9. Notice of a.iei public
hearing shall be be publi.hed in a newspaper of general
circulation in the City at least twice with the first publica-
tion being at le.at. 20 days prior to ~he date set tor the
public hearing, and with the la.t publitation being no later
th.n one wee I< prior to the date Of the hearing. Proof ot
publication shall be verified by affidavit of the publisher of
the newspaper and filed with the City Clerk. Notice shall
al.o be sent by mail at least ten (10) days prior to public
hearing to each of the affected property owners to hiS last
known address, the names and address of suCh property owners
to be obtained from the record. of the property appraiser or
from such other sources as the City Menager deems reliable.
Such notice to the prop.rty owners shall include but not be
limited to the proposed amount ot such Stormwater Management
As....ment tor each parcel ot real property, the time such
asaessm.nt is due and payable and shall state the time and
plac. of the publiC hearing. Proof of such mailing shall be
made by afUdavit ot the City Clerk. Failure to mail said
notice. shall not invalidate any of the proceedings pursuant
to this Section. SUd publ1c hearing may be continued to a
date certain without the necessity of further newspaper
edv.rti.ement or public notice.
(6) The City shall in additIon, adopt such resolutions
and conduct such hearings after proper notice, all as may be
required und.r Chapter 191, Florida Statutes, as amended and
supplemented, when the assessment is made pursuant to the
Uniform Method of Collection.
ta> Payment and collection of Stor~wat.r Mane~.ment
Ass.ssments; Interim Method of Collection. .
(1) The first Stormwat.r Management Assessments shall
be impo.ed against the own.rs of all real property in the
City, other than non-a...ssed property, from the data of
enactment of Chapter 56 through and Including the next fiscal
year in the manner pro v ided in 56.16 or unti 1 the
implamentatlon of the Uniform Method of Collection.
3
ORD. NO. 49-90
CITY ATTOR~E/; OFFI:E TEL.. No, 41]7 .::-, 475: Cc ~ 1)5,j,:, ~ J ; 1-':' - '-
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( 2) The owner and description of e.ch parcel of rea
property .h.ll b. th.t de.ign.ted on the re.l property record
m.int.in.d by the prop.rty .pprais.r.
(3 ) The Stormw.t.r Man.;.m.nt ......ment. .h.ll b. du
and payable at the Ume set forth in the billing .t.tem.nt
There .hall b. no discount. for ..rly paym.nt pur.u.nt to tho
Interim M.thod of Collection. Th. Stormwater Man.gemen
A.....m.nt sh.ll b.com. d.linquent if not tully paid withi:
thirty (30) day. ot r.ndition. All d.linquent Stormw.te:
Man.gement Ass.sslll.nt. ehall, until paid, b.ar an interee'
charg. of 8 p.rcent (at) and a rebilling charge coverinc
adm1nistrativ. co.t..
(4 ) Th. billin9 n.atement under the Int.rim Method 0:
Collection .hall cont.1n a notice .dvi.in9 th.t the Stormwatel
Mana9.m.nt Ass.ssm.nt. impos.d .gainst the owner. of the rea:
property in the Benefitt.d Area th.r.of ......ed sh.ll COnSti-
tute a 11.n against .uch property a. ot the first day of thE
Uscal year (or the date of enactm.nt of Ordinance No. 21-9C
with r..p.ct to the billing stat.ment cov.ring the period !ror
the da te ot such enactm.nt to Sept.mber 30, 1990) tor whic:-
said asse..m.nt 18 imposed until .uch a.....m.nt. are paid,
which li.n until fully paid .nd disch.rg.d or barr.d by l.w,
shall b. prior to oth.r li.n. .xc.pt .uch a.....m.nt lier
shall be on a parity With the li.n of St.t., County and Cits
taxes and any li.n. tor charg.. tor ..r~c.. cr.ated pur.uant
to S.ction B9 .17, Florida Statut.., a. .m.nded and .'....">>J:e-
mented. Such no~ice .hall turther . 1.. the owne ~t
failure to pay the Stormwater Manag.ment As....m.nt. 01 e
timely m.nner may re.ult in . 101. ot title. The City may
combine the amount due trom the d.te of .nactment of Ord1nance
No. 21-90 to Sept.mber 30, 1990, in the b11ling .tatem.nt tor
the fiscal y..r beginning Oc~ob.r 1, 1990.
(S) If .ny Stormwat.r Manag.m.nt A.....m.nt Ihall become
d.linquent, the City .h.ll cau.e to b. prepar.d a notice ot
Uen containing the UlOunt of the delinquent Stormwater
Management A.....m.nt including impo.ed int.r..t charges and
other co.t., a 1.9a1 de.criptiOn of the prop.rty and the n.me
of the own.r ot .uch prop.rty. Th. C1ty m.y, aft.r notic. ha.
been given, a. d..cr1bed b.low, r.cord such not1c. of 11en in
the pUblic r.cord. of the County. A copy of the notic. of
lien .hall be ..rved on the owner of r.cord .. provid.d in
Section 713.18, Florid. Statut.., a. am.nded and .upplemented,
within ten (10) day. after the notic. of li.n i8 recorded.
(6 ) The notice .h.ll be mailed on or about the 30th d.y
.tt.r the mailing ot the billing statement. Such notic"
contaJ.nJ.ng a Itat.m.nt a. to the intere.t charge and other
co.ts and how the ..me .hall accrue and .hall turther adv iu
the owner that a not1ce o! lien will be tiled by the City
ag.in.t that p.rcel ot real property. However, if such
Stormwat.r Management A.sel.ment, togeth.r with any inter.st
charge. and other co.t., are receiv.d within ten (10) days of
.uch notice, then .uch notice of lien will not be fi~ed.
(7 ) Enforc.ment ot D.linquent Stormw.ter Management
As....ments. All delinqu.nt Stormwater Man.gement A..essment
lien. may be entorced at any time by the City at lea.t 30 days
subsequent to the date ot the .ervice of the notice 0' "n
for the amount due under .uch recorded li.n., includil 1
- inter.st ch.rge., plus co.ts and a reason.bl. attorney's ~..e,
by proceeding in a court of equity to foreclosure such liens
4
ORD. NO. 49-90
,
,,____~'r_ ...--... .~ ~::_ '10. JC!7 :7-~ ..1....55 iJC~ ~:' , ~';, ~ j : ~.:. ;
.-.j I -,~-lr:' I I- _ '... '. .
- . ' ~I ...__
._,-
in the manner 1n which a mortgage lien 1s torecloaed under thE
laws of Florida, or the collection and enforcement of paymen~
thereof may be accomplished by any other method authorized b'r
law. It shall be lawful to join in any complaint or fore-
closure or any such 1e9al proceeding., anyone or more lots 0,
parcels of land that 1. the subject of a lien or liens.
(C) Payment and collection of Stormwater Manag.ment Ass..II-
ments; Uniform Method of COllection.
( 1 ) The Stormwater Management A..essmentlll 8 hall be
imposed againat the owners ot all real property 1n the City,
other than non-.......d property and collected pur.uant to th~
Uniform Method ot COllection tor each Uscal year commencin,;
October 1, 1991.
(2 ) The owner and d.scription ot each parcel ot real
property shall be that de.ignated on the real property records
maintained by the property appraiser.
( 3) The Stormwater Manag.ment Assessments shall be due
and payable at the time set torth in the notice of non-ae
valorem eSssessments prepared by the County Tax Collector,
Stormwater Manaqements A.....m.nt. collected pur.uant to the
Uniform Method ot COllection snall be subject to .11 COllec-
tion provisions of Chapter 197, Florida Statutes, .. amendec
and supplemented, including provi8ions ptlat1n~ to diScount
for early payment, prepayment by in8tall~ent method, delerree
paymenL, penalty tor delinquent p.yment and issuance and sale
ot tax certificate. and tax deeds for non-payment.
{O } Thill Section 18 Controlling tor Stormwater Management
Assessments. As to anythin9 in Section 8.4,1 to the contrary, thil'l
Section 8.4.16 of Article 8.4 shall be controlling as to the proce-
dure tor the implementation and collection of Stormwater Management
Aasessments. The applicable requirements of Section 8.4.16 s ha 11
apply in addition to the requirements of Florida Statutes Chapter
197 if the Stormwater Management Assessment is imposed pur8uant to
the Uniform Method of Collection.
Section 3. Severability ot Provisions. It any section,
clause, sentence or provision of this Ordinance, or the application of
8uch .ection, claul!le, sentence or prOviSion to any person., bodies or
circumstance., I!lhall be held to be inoperative, invalid or unconstitu-
tional, the invalidity of luch section, clause, sentence or provision
II hall not be held, deemed or taken to affect the applicatl.on of the
provil!lions of this Ordinance to persons, bodies or circumstances ather
than those as to which it, or any parts thereof, shall have been held
inoperative, invalid or uncon.titutional, and the remalnin9 portions
hereof shall not be affected and shall remain in full force and effect.
Sect10n 4. All ordinancel and re.olutions, or parts thereof,
1n conf lict with thh Ordinance are to the extent of luch conflict
hereby repealed.
Section, . This Ordinance .hall become eUeeti ve .after 1ts
passage on second and tinal readin9. A certifi.d copy of this
Ordinance, al!l enacted, shall be filed with the Department of State.
S
ORO. NO. 49-90
CITy ~TTJRNEI'3 :F;:CE TEL No, 407 273 J755 C=~ ~5,~' IJ:L3 0 . .. ~
\
.
--
PASSED AND ADOPTED in regu lar session on second and fina
r.ading on this, the day ot , 1990.
MAY 0 R
ATTEST:
City Clerk
First Readinq
Second Reading
I
I I
1
.
--
6
ORD. NO. 49-90
':ITY ATT8RNE\( 'S OFFICE TEL No. 407 278 4755 Oct 05,90 14:08 F ,1)2
EITY IF OELARY BER[H
CITY ATTORNEY'S OFFICE jlP St.. \,,\ STl{lI T SLlll-1 l.lLLI{'\ \ IiL,<\CII, IIORIl.L.\ 3)41\3
4117: ~" .\.111':lO 'ILL! ('OI'ILR 4("!n7x~7S5
MEMOR>.NOUM
Date: October 5, ~990
To: City Conunission
David Harden, City Manager
From: Susan A. Ruby, Assistant City Attorney
Subject: Stormwater Mana;ement Aaa...ments
Ordinance No. 49-90 .
The City commission previously passed Ordinance 21-90 which
created the Stormwater Manaqement Utility. Ordinance 49-90 is
now before you to provide procedures for the assessment of
stormwater utility fees. In a.ddition to requiring procedures
for implementation of the Stormwater Management Assessment, the
purpose of Ordinance 49-90 is to provide for notices and public
hearlnqa as required to provide proper due process.
The procedures outlined in Ordinance 49-90 are~o be used for
the collection of Stormwater Utility Assessm nts under the
Interim Method of Collection and shall also be sed in conjunc-
tion with Florida. Statutes Cha.pter 197 when the statutory
uniform Method of Collection is used to collect the Stormwater
Management Assessments.
Ordinance No. 49-90 requires individual notices to property
owners ten (10) days prior to the date of a scheduled public
hearinq. In addition, the ordinance requires advertised notice
twenty (20) days and seven (7 ) days prior to the public
hearing. The ordinance requires a public hearing for the
purpose of adopting a resolution which adopts the budget and
sets stormwater utility rates. At the public hearing, the City
Commission will also review the stormwater Management
1\ssessment role to determine its conformity with the ra.te
resolution. At the public hearing, citizens are given the
opportunity to object to the assessment. If no objections are
made or if objections having been made are deemed insufficient
by the city Commission, the City Commission shall, pursuant to
the ordinance, adopt the assessments as shown on the assessment
role.
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Oct 05,90 14:08 F' .03
City Commission
Davi4 Harden, City Man&ger
OCtober 5, 1990
Page 2
Once the City commission has closed the public hearing and
adopts the bUdget, rate resolution, and stormwater assessment
role, the City Administration shall be authorized to send out
billinq statements.
The ordinance provides that ~illinq statements rendered pur-
suant to the Interim Method of Collection shall contain a
notice advisinq that the Stormwatel.. Management Assessments
imposed shall, if not paid, constitute a lien against the
property until assessments are paid and further states that the
liens shall be on a parity with the liens of state, county and
city taxes and any liens for charges for services created
pursuant to Florida Statutes Section 159.17. The notice also
will advise the owner that failure to pay the Stormwater
Management Assessments in a timely manner may result in a loss
of title.
If payment is not received within thirty (30) days of the
rendition of the bill, a notice will be sent to property owners
prior to recording a lien against the property.
. .
Please do not hesitate to contact our office if you have any
~na re9ardin9 this ordinance.
..~ I
Attachment
ce: William Greenwood, Director of Public Utilities
Rob ~aylor, Gee' Jenson
REASONS WHY CITIZENS WITH PRIVATE DRAINAGE SYSTEMS
SHOULD PAY STORMWATER UTILITY ASSESSMENTS
1) They use roads se rv ed by municipal stormwater drainage
systems.
2) They use public facilities served by municipal systems.
3) They receive emergency serv ices (pol ice, fire-rescue, etc. )
which use roads served by municipal systems.
4) Th e i r property value is i ncr eased by improved stormwater
drainage on the ci ty streets adjacent to their private
developnent.
5) Water discharged to lakes/canals by their systems raises the
flood stage in these waterways. This decreases the amount
of water which the existing city system will discharge. To
prevent flooding as a result of increased tailwater, larger
pipes must be used in the storm sewer system or additional
retention/detention (storage) areas must be constructed.
Thus, private systems indirectly impact the cost of the city
system.
6) Pollutants discharged through their systems affect the
downstream water quality.
7) In the future the EPA will require that storm sewer systems
directly discharging to open surface waters obtain a permit
issued under the National Pollutant Discharge Elimination
System (NPDES) progr am. It is possible that private systems
will be lumped with the City's Municipal system under one
permit (per Mr. Roosevel t Childers, EPA-Atlanta) . It is
also possible that private sy st ems will be looked at
individually sometime after 1992. The EPA is still somewhat
undecided about the specifics regarding the implementation
of this program. The co s t s of applying for these permits
may be very high:
Estimates from EPA
Large Municipality $131,200 (8500 hrs)
Medium Municipality $ 83,600 (5400 hrs)
Private system users will be required to share in these
costs through the stormwater utility.
8) They have chosen to live in a private development which has
legally accepted the responsibility of operating and
maintaining its own drainage system. However, the City does
have the option of assisting with drainage pr obI ems at its
discretion, and with the consent of the legally responsible
entity. Therefore, when a high priority drainage problem is
discovered in a private development the Ci ty may assist in
addressing the problem.
RBT/tkp
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n
GEE & JENSON October 5, 1990
Mr. David Harden
City Manager
City of Delray Beach
100 N. W. 1st Ave.
Delray Beach, Florida 33444
Re: Stormwater Utility
Meeting with High Point Community Action Committee,
Section 1-7
Dear Mr. Harden:
On October 3, 1990, Bill Greenwood and I met with representatives
of the High Point Community Action Committee as a fOllow-up to
your August 17, 1990 letter to that group.
Major concerns expressed by this group were as follows:
~
.
1) They want to be included in the Stormwater Masterplan.
2) They want the City to treat the reparation of storm
sewers in High Point in the same manner in which it
treats water and sewer lines.
3) They want some infrequent maintenance of their system
(1. e. cleaning out sediment from catch basins, cement
work around pipe joints at catch basins).
If these concerns could be met, it would greatly increase the
acceptance of the proposed assessment by the condominium owners
at High Point. Please feel free to call me if you wish to
discuss this matter in further detail.
Sincerely,
Robert B. Tay lor
Water Resource Engineer
RBT/tkp
90423
cc: Bill Greenwood
High Point Community Action
Committee, Sec. 1-7
(Attn: Jack Kellerman)
One Harvard Circle. West Palm Beach, Florida 33409-1923 . 407/683-3301 . FAX 407/686-7446
.
PUBLIC HEARING REGARDING STORMWATER
UTILITY ASSESSMENTS TO BE HELD
, 1990
A pUblic hearing will be held to adopt a rate resolution for the
City's Stormwater Utility Assessment on , 1990. This
assessment will be imposed on all property owners within the City
of Delray Beach based on their contribution to and benefit
derived from the City's stormwater Management System. All funds
from the assessments will be used to operate, maintain, and make
additions, improvements and extensions to the City's Stormwater
Management System. Also, funds will be used to finance the
administration of the program. Prior to this hearing all
property owners will receive written notification along with
additional literature regarding stormwater management and
stormwater utility assessments for the City of Delray Beach.
Residents, and especially property owners in the City of Delray
Beach are invited to attend this hearing.
.
October 4, 1990
Presidents of the Home OWners Association and Condominium
Association:
The City of Delray Beach is currently in the process of
developing and implementing a Stormwater utility to fund the
cost of the City's stormwater management program. This will
include costs associated with general operation and maintenance
of the City's drainage system, additions, extensions, and
improvements to the system and administrative requirements of
the program.
Because these funds will come from assessments against property
owners, the City would like to take the opportunity to inform
and educate property owners about stormwater and the City's
Stormwater utility. Some information is being enclosed as a
brief introduction to these subjects, but the City would like ~
the opportunity to direct a meeting of your members which will !
allow for a more complete presentation of the subject and a
chance to address concerns which your members may have.
The City would like to begin meetings with special groups such
as yours as soon as possible. Therefore, if you would like to
schedule a meeting for your group, please contact the Environ-
mental Services Department (243-7329) to set a date and time.
Your prompt attention in this matter is greatly appreciated.
Sincerely,
David T. Harden
City Manager
DTH/tkp
90423
enc
...
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t9/ti
SUBJECT: AGENDA ITEM # lob - MEETING OF OCTOBER 23, 1990
ORDINANCE NO. 50-90
DATE: October 19, 1990
This is a second reading of an Ordinance amending the Code of
Ordinances by enacting new Sections 96.65 and 96.66 to provide for the
imposition of flat rate fees for use of basic and advanced life
support services. This concept was originally brought before the
Commission at your September 17th Special/Budget workshop meeting as a
measure for reducing the millage and generating additional revenues.
This ordinance proposes the ~mplementation of a two tiered fee
structure which would assess a charge of $25 for billable basic life
support calls and a $65 charge for advanced life support incidents.
Services considered billable under basic life support services include
the provision of treatment or use of consumable or disposable supplies
for cases involving simple bandaging; minor splinting; simple
immobilization. Those items billable under advanced life support
services include monitoring of electrocardiographic equipment; use of
external pacemakers; defibrillation; intravenous therapy;
medication administration; and other advanced medical therapy
techniques and methods. No charges will be assessed for those
emergency medical services which do not require administration of
treatment or use of consumables or disposable supplies such as,
assessments for common medical complaints; assisting "Bakers Act" and
"Meyers Act'. patients, who do not require Paramedic accompaniment;
medical alarm and 911 hang-up investigations; and cases involving
patient assessment with treatment refusal.
It is anticipated that approximately $90,411 in revenues would be
generated from these charges which would offset the expenditures for
supplies, consumables, overhead, administration, and billing costs.
Recommend approval of Ordinance No. 50-90.
y:
CITY 8TTORNEY'S OFFICE TEL No. 407 278 4755 Oct 05,30 3:~3 p,O~
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!j
ORDINANCE NO. 50-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
. OELRAY BEACH, FLORIDA, AMENDING TITLE 9, "GENERAL
I , REGULATIONS" , CHAPTER 96, "FIRE PREVENTION,
FIREWORKS", BY ENACTING A NEW SUBHEADING, "EMERGENCY
MEDICAL SERVICES", BY ENACTING A NEW SECTION 96.65,
"DEFINITIONS" , TO PROVIDE FOR DEFINITIONS 1 BY
ENACTING A NEW SECTION 96.66, "EMERGENCY MEDICAL
SERVICES; FEES; TO PROVIDE FOR THE IMPOSITION OF
FEES ON A FLAT RATE BASIS FOR THE USE OF BASIC LIFE
SUPPORT SERVICES AND ADVANCED LIFE SUPPORT SERVICES;
BY ENACTING SECTION 96.66', "BILLING AND COLLECTION
OF EMERGENCY MEDICAL SERVICE FEES; COSTS AND
ATTORNEYS' FEES" ; PROVIDING A SAVINGS CLAUSE,
PROVIDING AN EFFECTIVE DATE.
1
WHEREAS, the City Comrniuion of the City of Delray Beach,
Florida, desires to maintain the hig-h level of Emergency Medical Ser-
vices currently provided to the residents of the City of Delray Beach by
, the Fire Department of the city of Delray Beach; and
I
WHEREAS, the City commission of the City of Oelray Beach has
determined, in order to continue the level of emergency medical services
_ currently enjoyed by the citizen. of the City ot Delray Beach, Florida,
that certain fees must be impolled for the provision of Basic: Life
Support Services (as defined below), and for the provision of Advanced
Life Support Services; and
I
WHEUAS, the City Coltlllission of the City of Delray Beach,
t'- Florida, in ord~ to avoid extensive record keeping, is desirous of
implementin9 a t tiered flat fee structure which would cover initial
. patient asseasm t and treatment and the averag-e amount of supplies,
\. : consumables, and disposal item. provided to patients using Basic Life
Support Services and Advanced Life Support Services; and
,
WHERBAS, the City Commis.ion has also expressed its intent
that patient care is of primary concern and that one's ability to pay
these fee. shall not affect the quality of care rendered.
. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BKACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 9, "General Regulations", Chapter 96,
"Fire Prevention, Fire Works" of the Code of Ordinances of the City of
Delrey Beach, Florida, be, and the same is hereby amended by enacting a
new subheading-, "Emergency Medical Services", by enacting a new Section
96.65, "Def ini tions" , by enacting a new Section 96.65, "Emergency
Medical Services; Fees", and by enacting a new Section 96.66, "Collec-
tion of Emergency Medical Services Fees", to read as follows:
EMERGENCY MEDICAL SERVICES
96.65 DEFINITIONS.
For the purpose oC this subchapter, the following- definitions
shall apply.
"Non-billable Basic Li e su ort Services" Non-billable Basic
Life Support Serv ces are t e emergency me leal services provided
by the City' Ii rire Department which include patient evaluation
services, but does not require administration of treatment services
or use of consumable or disposable supplios. Non-billable calls
would include, but not be limited to, assessment for common medical
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complaints (sore throats, fever, headaches, and other common
non-life threatening ailments); assisting "Bakers Act" and "Meyers
Act" patients that do not require Paramedic accompaniment to a
treatment facility; medical alarm and 911 hang-up investigations;
~nd cases involving patient assessment with treatment refusal.
, , "Basic Life Support Services". Basic Life support Services
incluae the provision of treatment services, or the use of consum-
able or disposable supplies which does not rise to the level of the
provhion of Advanced Life Support Services. Basic Life Support
Services are services rendered to patients which do not require
invasive techniques, which include but are not limited to, simple
bandaging, minor splintinq, and simple immobilization.
"Advanced erv ces". Advanced Lite Support
services are those types 0 pat ent treatment services which
require advanced medical therapy, including but not limited to;
electrocardiographic monitorinq; use of external pacemakers;
l defibrillation; intravenous therapy; medication administration;
cardio pulmonary resuscitation; endotracheal intUbation; esophageal
intubation; pneumatic antishock qarment (M.A.S.T.) application; and
other advanced airway and artificial ventilator techniques.
,
I 96.66 EMERGENCY MEDICAL SERVICES: fEES.
(A) There shall be imposed & fee for the provision of Basic
. Life Support Services and for the provision of Advanced Life
Support Services.
(B) The followin9 service charges or fees are levied for t
provision of emerqency medical services:
,
t' (1) B..1c Life Support Servioes $25.00
(2P Advanced Life Support Services $65.00
· , 96.67 BILLING AND COLLECTION OF CHARGES; COSTS AND ATTORNEYS'
!IH
\
(A) The Fire Department shall submit bills to patients for
the provision of Basic Life Support Services and Advanoed Life
Support Services.
, (B) Any bill remaining unpaid for a periOd of sixty (60) days
shall be considered delinquent.
(C) The city may collect delinquent charges by pursuing any
and all available legal remedie..
Section 2. 'I'hat should a.ny 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.
S.ction 3. 'I'hat this ordinance shall become effective after
passaqe on second and final reading and shall applY to services rendered
commencinq on November 1, 1990.
t
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2 ORD. NO. 50-90
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PASSED AND AOOi'TED in regular session on second and final
readinq on this the _____ day of , 1990.
. MA~{oR
ATTESTl
, ,
city Clerlt
rirst Reading
Second Readinq
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:3 OM. NO. 50-90
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #/tJG - MEETING OF OCTOBER 23, 1990
ORDINANCE NO. 51-90
DATE: October 19, 1990
This is a second reading of an Ordinance amending Subsection 35.090
(A) of the City Code to provide that former Department Heads who had
opted out of the General Employees Retirement Plan shall not be
eligible to participate in the Plan and providing the Assistant
Director of Environmental Services/Public Utilities and Assistant
Director of Environmental Services/City Engineer with the option to
"opt out" of the Plan provided that those positions are filled prior
to January 1, 1991.
This amendment is necessary to allow those Department Heads affected
by the recent reorganization to maintain their enrollment in the
International City Manager Association Retirement Program and also
provides the same opportunity for former Department Head positions
being created as Assistant Department Head under the reorganization of
Public Utilities, Public Works, and the Engineering Departments.
Recommend approval of Ordinance No. 51-90.
,...
I
CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Oct 05,90 j: 1 :: F ,1:1:-
.--.- .. _. '...... ,-- .-'
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...
ORnINANCE NO. 51-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BBACH, FLORIDA, AMEN])ING TITLE 3, "ADMINI-
. STRATION", CHAPTER 35, "EMPLOYEE POLICIES AND
BENEFITS" SUBHEADING "RETIREMENT PLAN", SECTION
35.090, "ELIGIBILITY; PARTICIPATION", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING
SUBSECTION 35.090(1.) TO PROVIDE THAT FORMER DEPART-
MENT HEADS WHO HAD OPTED OUT OF THE RETIREMENT PLAN
SHALL NOT BE ELIGIBLE TO PARTICIPATE IN THE PLAN AND
FURTHER PROVIDING THAT THE ASSISTANT DlREC'I:OR OF
ENVIRONMENTAL SERVICES/PUBLIC UTILITIES AND
ASSISTANT DIRECTOR OF ENVIRONMENTAL SERVICES/CITY
ENGINEER IF HIRED PRIOR TO JANUARY 1, 1991 MAY ELECT
NOT TO PARTICIPATE IN THE RETIREMENT PLAN; PROVIDING
A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach administrative staff has
undergone an organizational change such that certain positions which
were ,classified as Department Heads are no longer classified as Depart-
ment Heads; and
WHEREAS, as Department Heada, certain employees had elected Or
had the &bill ty to elect not to participate in the General Employees
Retirement Plan; and
WHEREAS, such employ..s are desirous of continuing not to
participate in ~he General Employees Retirement Plan.
NOW, ~FORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY B CH, FLORIDA, AS POLLOWS,
se!tion 1. That Title 3, "Administration", Chapter 15,
"Bmployee Po leies and Benefits", subheading, "Retirement Plan", Section ,
35.090, "El1;ibi11 ty, Participation", Sub.ecUon (A) of the Code of
Ordinance. of the C1 ty of Delray Beach, Florida, is hereby amended as
follow.:
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
,....... declared by a court of competent juri.sdiction to be invalid such
:
CIT ATTIJR~IE('3 OFFICE TEL No, 407278475:, Oct 05,'jO 'j:14 F.:J
. ...._~~.... -. -:-:-....- -
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deoision shall not effect the validity of the remainder hereof as a
whole part thereof other than the part declared to be invalid.
Section 3. .rhat all ordlnaricea or parts of ordinance which
are in conflict herewith are hereby repealed.
Section 4. That thU ordinanoe Shall become retroaotively
effeotive October 1, 1990 upon on its passage on second and final
reading.
PASSED AND ADOPTED 1n regular session on second and final
reading on this the _____ day of , 1990.
MAYOR
ATTESTr
City Clerk
Fint ReadinCil
Secon4 Reading
/
2 ORD. NO. 51-90
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Oct 05,90 '9: 12 p' (I;'
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CITY OF DElRAY .EA~,. "~ ~1~~~:;(, (/ "
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CITY AnORNEY'S OFFICE 3108.E. ht STREET. SUITE 4 DELRA Y BEACIi, FLORIDA 33483
407/20.7090 TELECOPIER 407/278-4155
MEMORANDUM
Date: October 4, 1990
To: City Commission ~t
!Prom: J"effrey S. Kurtz, City Attorney
Subject: Ret1rement Beneflts{~eOrganlzation
.
Ordina.nce No. 51-90 is being promulgated in order to maintain
the status quo with respect to former department heads who ha.ve
elected not to participate in the General Employees Retirement
Fund. At the time of previous reorganization wherein several
employees were promoted to department head status, they were
qi ven- the option of opting out of the General Employees Pension
Plan and participating in the ICMA Retirement Plan. With the
present reorganiza.tion, two of the department heads, who
exercised. such option, have been reclassified and therefore
without --aR... amendment to the ordinance might. have to rejoin the
General Employees Pension Plan. This wouLd work a hardship on
those employees that the Manager does not believe is wise or
necessary. Likewise, the fomer Public Utilities Director
position and City Engineer position had department head status
and those positions have been recruited on the basis that they
would be able to partioipate in the lCMA Retirement Plan and
not have to participate in the General Employees Pension Plan.
Should you have any questions concerning this matter, pleas~ do
not hesitate to contact our office.
JSK:sh
Attachment
cc: David Harden, C1tyManage~
Cheryl Leverett, Administrative Assistant III
'. .
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER bJt1
SUBJECT: AGENDA ITEM # \Cv= - MEETING OF OCTOBER 23, 1990
REQUEST FOR SIGN CODE WAIVER
DATE: October 19, 1990
This item is before you to conduct a public hearing on a request for
waiver of the Sign Code to permit a 64 square foot flat wall sign on
the corner of S. Congress Avenue and Lowson Boulevard for Abbey
Delray. This is a dual waiver request, both the sign and sign
location are out of compliance with the City Code. The City Code
provides that a flat wall sign will not exceed 36 square feet and that
a subdivision sign must be placed at the entrance of said subdivision.
At their September 26th meeting, the Site Plan Review and Appearance
Board reviewed the sign package and recommended approval. Staff,
however, is recommending denial of the waiver based upon the impact a
64 square foot sign would have on the area.
Recommend consideration of a waiver to the Sign Code for Abbey Delray.
-
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT
SUBJECT: SIGN CODE WAIVER FOR ABBEY DELRAY
-- --
DATE: OCTOBER 11, 1990
BACKGROUND
Abbey Delray is requesting City Commission waiver for a flat wall sign
placed on a wall at the corner of Congress Ave. and Lowson Blvd.
This sign request was favorably reviewed by the interim Site Plan Review and
Appearance Board 9/26/90.
There are two parts to the sign waiver request:
l. SIZE:
The sign code specifies a sign shall not exceed 36 square feet in
area per section 4.6.7(D)(3)(h)(ii).
Proposed sign is 64 square feet.
2. LOCATION:
The sign code specifies a sign shall be placed at the entrance of
the subdivision per section 4.6.7(D)(3)(h)(ii).
Proposed sign is located at the corner of S. Congress Ave. and
Lowson Blvd., which is not the subdivisions entrance, as required
by code. The proposed sign is in addition to a recently permitted
entrance sign on Lowson Blvd.
RECOMMENDATION
Staff is recommending that the Commission deny Abbey Delray's waiver, even
though SPRAB is in support of the larger sign. The sign size of 64 square
feet is felt to be impacting on the area. The Mobil free standing sign
directly across the street recently received a Commission sign waiver which
substantially reduced the sign area to 69 square feet.
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. CITY OF DELRA Y BEACH SIGN APPLICATION
100 Northwest 1st Avenue, Delray Beach, Fl 33444 Permit No.: c;b- ,60'8'
Application Date: lJ{fr Permit Fee: S
Business Owner's Occupational license No.: ttndud..11S P1"'~
PERMIT FOR: Total Sq. Ft.:
~Iat Wall Sign )(.'nstall New Sign
o Free Standing Sign o Change Face of Existing Sign
o Fixed Projecting Sign o Enlarge Existing Sign
j
. Property Contro' No.
Supervision CIIY RG
Business Name: 1113~~ bEL K'IJ f a/vi:>
Sign location Address; 00 -t. 0 <.oJ oS O,.J
Name Address Phone
Sign Owner: j)~f)eJ ~dF/Jy ';;000 L ~w.J SOIV .$/vP. ;J'!3-ys.J.-(,
J3 I 5t f;J S 37S- ltJe r'" 17 Vir ?7i-7J'/'I
Sign Contrador R I c../, I- 1'",/14'
Property Owner A138Ey t:eLl'II'1 ~ De 0 LovJ SeA) f3 J vo ;;?</3 - y.12.. (,
Contact Person /J1/i1!1f LIlliE.. 37S- Pc 3 1111<:; r9?t- - 7c? 1'/
len~ I Height f S d' S' No. of Faces
.' ,,, ree Ian 109 'gn
Sign Size: ?-- L/ Ii 3 Height from Ground: - I
Sign CoIor(s): (Description, Paint No. and Chips) ~ ~
IDuminated: 0 Yes ';NO Sign Materials: 0 Painted )(Raised lellers 0 Cabinet 0 Other
Property is Zoned: C omm E. RC I t1-L 0 Free Standing Building 0 Part of Strip ...
General Wording on Sign: 1/f3~1!'7 f)fL;rlij ( wdJ.. to Go <>) - d"--UM.1J... ~~~
Sign contractors must sign below certifying s' ns under thirty-two (32) ~uare fee1 will wit hstand wind pressure
off;l, (SO) PO""" p~ 'q"''' loot Sig"' 'n~rty-two fJ21 "'-"''' I"" mu '"d"~"'~ by . .
Florida registered engineer. (Sec. 162.0 I ' l
S' ed "Ie.. L
'gn : '-
ont o01~~v fliP I STAlE or nORIO_
MV cr''''IS, DP. ,IAN. 8,1994
of ffibnllt/af)'J f,[/:[RM 1115. UIID.
FREE STANDING SIGN: JDI N
1. Identify slreets shown.
2. Show distance from sign
to center of street.
3. Show distance from edge
of sign to property line.
4. Show street frontage
where sign is located. ~;, - - - - - - - - 1-:rW+E
RAT WAll SIGN: IU 5
1. Show height and length of bldg. liKe
(location of business bay/suile onlyJ
2. Show localion of sign on bldg.
3. locate building on above plot plan. I- - - - --I
Attach sketdl and/or photos of proposed sign indicating size of sign.
style and size of lettering. colors (paint no/chips) and sign materials.
I MUST NOTIfY SIGN INSf'ECTOR WHEN J08 IS COMPLETE I
INFORMATION:
Triple fee will be charged if sign is installed before permit is received.
Final inspeclion must be called 1S day's after sign installation.
Sign permit is void 180 days aile< ksuana! il not installed.
Approved sign plans must be on-site for all inSpeclions.
~INAl REVIEW C A B
o PREliMINARY REVIEW
Meetings of the Community Appearance Board are held in the first lloor Conference Room
City Hall, 100 Northwest 1st Avenue, Delray Beach, at 7:00 p.m., Ihe secund and fourth Wednesday 01 each Month.
)5.A DECISION AND BASIS OF REVIEW
PPROVED o TABLED o DENIED
/ Comments: :tI hPL-.:- zccft,~ q /7 /.. /~/7
Chairman: ..... ~. -
. ~ ..---
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MINUTES: Site Plan Review and Appearance Board - draft .
September 26, 1990 ;'
Page 10
Represented by Mark Little. There were two signs, one for the front
elevation and one for the rear elevation. Hr. Harsh moved to approve as
submitted. Seconded by Hr. Fisher. The vote vas as follows:
Debora Oster Yes
Gene Fisher Yes
Sam DeOto Yes
Rett Talbot Yes
Mark Marsh Yes
William Wilsher Yes
25. ABBEY DELRAY 90-7607; 90-7608
2000 LOWSON BOULEVARD
BRIGHT IMAGE SIGNS
1 FREE-STANDING SIGN
1 FLAT WALL SIGN ON WALL
W/CITY COMMISSION WAIVER 90-6074 (WALL PERMIT")
Mr. Marsh stepped down and leaves room. Represented by Mark Little. The
sign does not meet code. Thirty-six (36) square feet is the maximum
allowed. The flat wall sign will be a waiver by the City Commission for
size and location. Mrs. Oster moved to approve and that the copy of the
entry sign be the blue to match the flat wall sign and that the flat wall
sign be approved by the City Commission. Seconded by Hr. DeOto with the
vote as follows:
Sam DeOto Yes
Gene Fisher Yes
Debora Oster Yes
Rett Talbot Yes
William Wilsher Yes
(Mr. Marsh returned and stepped back up.)
27. CIRCUIT CITY 90-7763, 90-7764, 90-7765, 90-7766
1650 WATERFORD PLACE
BARON GROUP
3 FLAT WALL SIGNS
1 CANOPY SIGN
Mrs. Oster stepped down and left room. Represented by Hike Heenan. The
letters will be channel type; the letters from the front viII be in
vhite. The sides of the letters will match the faces. After discussion,
Mr. Marsh moved to approve as submitted with the size and copy and the
illumination to be behind a white translucent lens to match for both
signs on the north and west for "Audio, Video, Appliances"; including the
under canopy and the east elevation sign. Seconded by Hr. Talbot vith
the vote as follows:
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ,~~ - MEETING OF OCTOBER 23, 1990
ORDINANCE NO. 52-90
DATE: October 19, 1990
This is a first reading of an Ordinance adopting Comprehensive Plan
Amendment 90-1 pursuant to the provisions of the Chapter 163, Florida
State Statutes. In May 1990, the City transmitted proposed Amendment
90-1 to the Department of Community Affairs for review. This
ordinance and the attendant Response to ORC Report for Comprehensive
Plan Amendment 90-1 formally addresses the concerns and
recommendations made by the Department of Community Affairs regarding
the proposed amendment. The Department of Community Affairs
identified 13 formal objections. Those objections related to land use
designation (not under our control); basic data requirements; dune
and beach access issues; and Regional and State policy compliance.
The Planning and Zoning Board at their October 15th meeting accepted
the Response to ORC Report, a copy of which is attached as backup for
this item, and recommended approval of the proposed amendment.
Because of the voluminous amount of material involved, the Commission
may wish to further discuss this item at a workshop meeting prior to
second reading and public hearing. It should be noted that this
amendment (ordinance) must be adopted by November 13th in order to
comply with Department of Community Affairs policies.
. -
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~ ORDINANCE 52-90
I
! AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
. BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT
" 90-1 PURSUANT TO THE PROVISIONS OF THE "COUNTY AND
. MUNICIPAL PLANNING AND LAND DEVELOPMENT REGULATION ACT",
, , FLORIDA STATUTES CHAPTER 163; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach exercised the authority
granted pursuant to the provisions of Florida Statutes Sections 163.3161
- 163.3243 known as the "County and Municipal Planning and Land Develop-
ment Regulation Act"; and,
WHEREAS, via Ordinance 82-89 the City adopted the document
entitled "Comprehensive Plan - Delray Beach, Florida"; and,
~ WHEREAS, the Planning and Zoning Board, as Local Planning
I r Agency, did prepare an amendment to the Comprehensive Plan entitled
~ "Comprehensive Plan Amendment 90-1"; and,
WHEREAS, the Planning and Zoning Board as the Local Planning
j ~ Agency, following due public notice, held a public hearing on May 7,
: .. 1990, in accordance with the requirements of the "County and Municipal
f Planning and Land Development Regulation Act"; and,
- . WHEREAS, after the above-referenced public hearing, the Plan-
, ning and Zoning Board, as Local Planning Agency, recommended to the City
. Commission that the proposed Comprehensive Plan Amendment 90-1 be
j adopted; and,
..
1:.-_ WHEREAS, proposed Comprehensive Plan Amendment 90-1 was sub-
f""T' mitted to and reviewed by the City Commission; and,
L,. WHEREAS, following due public notice, the first of two required
r. public hearings on Comprehensive Plan Amendment 90-1 was held by the
L City Commission on May 22, 1990, in accordance with the requirements of
,....' r the "County and Municipal Planning and Land Development Regulation Act";
( and,
f WHEREAS, proposed Comprehensive Plan Amendment 90-1 was forward-
. ed to the State Department of Community Affairs for review and comment
' r on May 31, 1990; and,
- t WHEREAS, a report of Objections, Recommendations and Comments
has been received from the State Department of Community Affairs and
said report has been reviewed by the Planning and Zoning Board, as Local
. Planning Agency, and is the basis for modifications to the proposed
Comprehensive Plan Amendment 90-1; and,
i
I WHEREAS, following due public notice, the second of two re-
f quired public hearings on Comprehensive Plan Amendment 90-1 was held by
; the City Commission on November 13, 1990, in accordance with the require-
, ments of the "County and Municipal Planning and Land Development Regula-
tion Act",
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That the City Commission of the City of De lray
Beach, Florida, hereby declares its intent to exercise the authority
granted pursuant to the provisions of Florida Statutes Sections 163.3161
- 163.3243 known as the "Local Government Comprehensive Planning and
Land Development Regulation Act."
.'!
1\
'I Section 2. That in implementation of its declared intent set
:1 forth in Section 1 of this ordinance, there is hereby adopted and
:1 incorporated herein by reference the document entitled "Comprehensive
Plan Amendment 90-1. "
I Section 3. That the document entitled "Comprehensive Plan -
, , I Delray Beach, Florida" is hereby amended to the document
pursuant
entitled "Comprehensive Plan Amendment 90-1. "
"
:1 That should section provision of
i Section 4. any or this
I 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 5. That this ordinance shall become effective upon the
City's receipt of Notice of Compliance from the State Department of
Community Affairs, pursuant to Florida Statutes Section 163.3184.
" PASSED AND ADOPTED in regular session on second reading on this
I
I the day of , 1990.
i
MAY 0 R
. .
i ATTEST:
..... . City Clerk
". ! First Reading
., Second Reading
.
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- 2 -
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I I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
B~') 'd11# /
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FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 23, 1990
ORDINANCE RE ADOPTION OF PLAN AMENDMENT 90-1
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an ordinance on first reading. The ordinance is
for the adoption of Plan Amendment 90-1.
This is the first and only amendment to the Comprehensive
Plan to be enacted in 1990.
BACKGROUND:
This Plan Amendment was initiated in the Spring. It followed
review of the initially adopted Plan by a special citizen's task
team. That task team identified policies which were no longer
applicable, those which needed modification because of delays in
implementation, and those which needed to be added or modified
due to changes in circumstances. Also, there were several
changes to the Future Land Use Map which were identified during
the process of creating the new zoning map for the LDRs. In
addition, there are associated changes to implementation
schedules (Chapter V) and the Five-Year Schedule of Capital
Improvements.
The proposed Plan Amendment was considered at a public hearing
before the City Commission in May and was forwarded to the State
for review and comment. That review culminated in our receipt of
the DCA's O.R.C. Report.
There were thirteen ( 13 ) formal objections to which we must
respond. The are categorized as follows:
* 1 deals with land use designations not under our jurisdiction
* 2 deal with basic data requirements
* 8 deal with dune and beach access issues
* 2 deal with Regional and state policy compliance
City Commission Documentation
Meeting of October 23, 1990
Ordinance Re Adopti~n of Plan Amendment 90-1
Page 2
A response to each issue has been prepared. A special report on
the dune and beach access issues have been prepared. As a result
of the report, the policies dealing with the dunes, walkovers,
and access have been modified.
The complete "Response to ORC Report" is quite voluminous.
Instead of printing it in its entirety, we are providing only the
formal responses to the formal objections and the special report
on the dune walkovers as a part of the agenda packet.
The Commission may desire to have a full presentation of Plan
Amendment 90-1 made at a work session between first and second
readings of the enacting ordinance.
In addition to the Response to ORC Report, it may be necessary to
further modify the Five-Year Schedule of Capital Improvements and
the Capital Improvement Element to provide for consistency
between those items and the Budget for FY 90/91. This latter
item is still under review.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at it's
meeting of October 15, 1990, accepted the "Response to ORC
Report", and recommended approval of the proposed amendment, as
modified.
RECOMMENDED ACTION:
By motion, approval of the ordinance enacting Plan Amendment 90-1
on first reading.
Note: This amendment must be adopted by November 13th in order
to comply with the requirement that it be adopted within 60 days
following receipt of the ORC report.
Attachment:
* P&Z Staff Report of October 15th cover pages ( 2) and pages
I-I through I-7
DJK/#73/CCPLANl.TXT
I. RESPORSE TO OBJECTIORS, RECOMMENDATIONS AlII> COMMENTS REPORT
CITY OF DELRAY BEACH
AMENDMENT 90-1
Additional background relative to the dune walkthrough issue is
provided as a special report titled "Additional Information and
History Regarding the Delray Beach Dunes and Responses to O.R.C.
Relative to Amendments Proposed in Delray Beach Amendment 90-1".
This report contains all of the states Objections,
Recommendations, and Comments relative to this issue as well as
O.R.C. comments received from other agencies. This report is
hereby incorporated as the City's response to those items.
Instead of duplicating entries, and wasting paper the O.R.C.
comments on dune items appearing herein reference the report
noted above.
GENERAL REQUIREMENTS
A. OBJECTIONS
1- 9J-5.005(6)i s. 163.3171(1)
Proposed Future Land Use Map amendments 21 and 22 are
outside the planning jurisdiction of the City of Delray
Beach. The City does not have regulatory authority
over the subject lands, and neither the City nor the
Department of Community Affairs has the legal authority
to mandate the creation, limitation, or elimination of
the regulatory authority now residing with Palm Beach
County over the subject lands.
Recommendation
Withdraw and do not adopt Future Land Use Map
amendments 21 and 22.
City Response: The City addressed a similar item
on p. 12 of it's "Transmittal of the Response to O.R.C.
Report" (dated November 29, 1989) during the
comprehensive plan adoption process. The following
paragraph is excerpted from that document.
I-I
GENERAL REQUIREMENTS (continued)
The Future Land Use Map does include territory outside
the City limits. The designations themselves were
coordinated by the City and County Planning Departments
so they are consistent on both the City and County
Plans. An interlocal agreement is under preparation
wherein the County land use determinations
(interpretations) will take precedent. It will also
include a precertification (of land use applications)
by the City. Finally, it will contain provisions that
neither jurisdiction's Future Land Use Map can be
changed without a concurrent change to the other's.
The interlocal agreement should be executed prior to
the effective date of the City's Comprehensive Plan.
(NOTE: This agreement is still in process.)
The City at that time added the following note on its
Future Land Use Map. "Land use designations shown for
territory outside of the Ci ty boundaries are advisory
only in that the interpretation and land use
decision-making authority regarding them is subject to
the Land Use Development Regulations and Policies of
Palm Beach County."
The City's adopted Comprehensive Plan also includes the
following statement in the Future Land Use Element (p.
III-G-3 which addresses this issue.
Through this comprehensive planning formulation,
review, and adoption process, it is intended that Palm
Beach County formally recoqnize the City of Delray
Beach Comprehensive Plan as the Plan for the desiqnated
planninq area and that it shall guide future land
development decision making. A program for annexation
of the above area (unincorporated lands in the planning
area) is set forth in the Goals, Objectives, and
Policies of this Element. Most future development, by
virtue of existing boundaries, will be subject to
annexation prior to development through the City's use
of annexation agreements as a prerequisite for
obtaining water service.
B. COMMENTS
None
1-1.1
DATA AND ANALYSIS REQUIREMENTS
A. OBJECTIONS
1. As pointed out throughout this report, a number of
goals, objectives, policies, standards, findings and
conclusions within the proposed comprehensive plan amendment
are not supported by relevant and appropriate data. These
include, but are not limited to goals, objectives, policies
and standards that do not address in a positive and specific
way current or potential problems identified in the data and
analysis. For specific instances, reference should be made
to the objections under each element of the proposed plan
amendment included in this report.
Recommendation
Revise the goals, objectives, policies, standards,
findings and conclusions objected to in this report to
reflect the data and analysis for the plan amendment
and to address in a positive and specific way any
current or potential problems identified in the data
and analysis.
City Response: The City does not feel that any
additional data or analysis is warranted for the
proposed Land Use Plan amendments. Additional
background information is provided regarding the
amendments relative to the dune walkthrough issue as is
a special report titled "Additional Information and
History Regarding the Delray Beach Dunes and Responses
to O.R.C. Relative to Amendments Proposed in Delray
Beach Amendment 90-1". An additional policy amendment
to the City's Comprehensive Plan (see Section "G" of
the noted report) proposes additional data and analysis
on this issue.
2. 9J-S.00S(2) ( d)
Many of the objectives and policies in the proposed
plan amendment reference other material (such as local
ordinances or the rules, provisions, regulations or
criteria of regional, state or federal agencies).
However, these materials are not included in the
support documents. Thus, the extent to which these
materials help to meet the requirements of Rule 9J-S,
F.A.C. , and Chapter 163, F.S. , cannot be determined.
1-2
DATA AND ANALYSIS REQUIREMENTS (continued)
Recommendations
Revise the objectives and policies in the adopted plan
amendment to include the relevant portions of any
referenced material in order to demonstrate that
material assists in meeting the requirements of Rule
9J-S, F.A.C. , and Chapter 163. F.S. The material to be
incorporated by reference must be cited explicitly.
Explicit citation includes the name, section(s), date
of the material and all other information necessary to
identify the document. Any material included by
reference in the adopted portion of the plan amendment
must be submitted to the Department for compliance
review and must be specifically adopted by the City as
part of the comprehensive plan amendment.
City Response: The City will evaluate its entire
Comprehensive in response to this recommendation and
propose amendments thereto with Amendment 91-1. In the
interim, the City will adopt the proposed amendments
with modifications as noted herein. This should not
result in a determination that the Plan is no longer
"in compliance" since the Plan as adopted and certified
"in compliance" already contains the citations which
are the subject of this comment and recommendation.
B. COMMENTS
None
1-2.1
COASTAL MANAGEMENT ELEMENT
A. OBJECTIONS
Analysis
1. 9J-S.021 (2) (f)
The proposed amendments to change Conservation Policy
B-4. 1, Parks and Recreation Policy A-2. 4, and Coastal
Management Policy A-l.4, do not provide an analysis of
past trends in erosion and accretion, the effects of
coastal or shore protection structures upon beaches or
dunes, and identification of existing and potential
beach renourishment areas. These proposed amendments
also do not identify measures which could be used to
protect or restore beaches and dunes.
Recommendation
Expand the analysis to include beach and dune system
protection.
City Response: Please see the response to this
comment included in the "Additional Information and
History" report enclosed with this O.R.C. response
package.
2. 9J-S.012 (2) (g)
Wi th reference to the proposed amendments to change
Conservation Policy B-4.1, Parks and Recreation Policy
A-2.4, and Coastal Management Policy A-1.4, an
inventory and capacity analysis of all public access to
the beach or shoreline and private property open to the
general public is not included.
Recommendation
Expand the data and analysis to include public access
facilities to the beach or shoreline.
City Response: Please see the response to this
comment included in the "Additional Information and
History" report enclosed with this O.R.C. response
package.
1-3
COASTAL MANAGEMENT ELEMENT (continued)
Goals, Ob1ectives and Policies
3. 9J-S.012(3)(b)4.
The proposed amendments to change Conservation Policy
B-4.1, Parks and Recreation Policy A-2. 4, and Coastal
Management Policy A-l.4, are inconsistent with Coastal
Management Objective A-I which establishes the
protection of beach and dune systems and restores
altered beaches and dunes. The effect of these
proposed changes is to remove from the Delray Beach
Comprehensive Plan an established and effective system
whereby the City's altered beaches and dunes are
protected and restored.
Recommendation
Do not make any changes to the Delray Beach Plan which
would make the Plan inconsistent with Coastal
Management Objective A-I.
City Response: Please see the response to this
comment included in the "Additional Information and
History" report enclosed with this O.R.C. response
package.
4. 9J-S.012(3) (c)l
The proposed amendments to change Conservation Policy
B-4.1, Parks and Recreation Policy A-2.4 would have the
effect of removing from the Delray Beach plan
regulatory and management techniques to limit the
specific and cumulative impacts of development or
redevelopment upon beach and dune resources.
Recommendation
Make no revisions to these policies which would
adversely effect the City's regulatory and management
techniques to limit the specific and cumulative impacts
of development or redevelopment upon beach and dune
resources.
City Response: Please see the response to this
comment included in the "Additional Information and
History" report enclosed with this O.R.C. response
package.
1-4
COASTAL MANAGEMENT ELEMENT (continued)
5. 9J-5.012 ( 3 ) (c)2
The proposed amendments to change Conservation Policy
B-4.1, Parks and Recreation Policy A-2.4, and Coastal
Management Policy A-I. 4 would have the effect of
removing from the Delray Beach Plan regulatory and
management techniques for the restoration and
enhancement of disturbed or degraded natural
resources, specifically beaches and dunes. Programs to
mitigate future disruptions or degradation are not
included.
Recommendation
Make no revisions to these policies which adversely
effect the City 's regulatory and management techniques
for the restoration and enhancement of disturbed or
degraded beaches and dunes. If any changes are made in
these policies, include programs to mitigate future
disruptions or degradations.
City Response: Please see the response to this
comment included in the "Additional Information and
History" report enclosed with this O.R.C. response
package.
6. 9J-5.012(3) (c)3.
The proposed amendments to change Conservation Policy
B-4.1, Parks and Recreation Policy A-2.4, and Coastal
Management Policy A-l.4 do not mitigate hurricane storm
surge hazards because the continued use of pedestrian
paths through dunes allows the uninhibited hurricane
storm surge flooding of inhabited areas and allows an
unnecessary destruction of dunes and beaches.
Recommendation
Make no changes in any of the policies of the Delray
Beach Comprehensive Plan which would diminish or reduce
general hazard mitigation, including regulation of
building practices, flood plains, beach and dune
alteration, stormwater management, sanitary sewer and
septic tanks, and land use to reduce the exposure of
human life and public and private property to natural
hazards.
City Response: Please see the response to this
comment included in the "Additional Information and
History" report enclosed with this O.R.C. response
package.
1-5
CAPITAL IMPROVEMENTS ELEMENT
A. OBJECTIONS
1. 9J-5.016(2) ( B)
With regard to the proposed amendments to change
Conservation Policy B-4.1, Parks and Recreation Policy
A-2.4, and Coastal Management Policy A-l.4, an analysis
of the general fiscal implications of the existing
deficiencies and future needs for the filling of beach
walkways and the construction and replacement of dune
walkovers, as identified in other plan elements, is not
included.
Recommendation
Expand the Capital Improvements Element analysis to
include the fiscal implications of existing
deficiencies and future needs for the filling of beach
walkways and the construction and replacement of dune
walkovers.
City Response: Please see the response to this
comment included in the "Additional Information and
History" report enclosed with this O.R.C. response
package.
2. 9J-5.OI6(2) ( c)
With regard to the proposed amendments to change
Conservation Policy B-4.1, Parks and Recreation Policy
A-2.4, and Coastal Management Policy A-l.4, an analysis
of the costs of needed Capital Improvements for the
filing of beach walkways and the construction of dune
walkovers for mitigation of existing deficiencies,
replacement and new growth needs pursuant to the Future
Land Use Element is not included.
Recommendation
Expand the Capital Improvements Element analysis to
include costs of these needed capital improvements.
City Response: Please see the response to this
comment included in the "Additional Information and
History" report enclosed with this o . R. C . response
package.
B. COMMENTS
None
1-6
CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
A. OBJECTIONS
1. 9J-5.021
The proposed amendment does not further State
Comprehensive Plan Goal 9 and policies 2, 4 and 9.
City Response: Please see the response to this
comment included in the "Additional Information and
History" report enclosed with this O.R.C. response
package.
B. COMMENTS
None
CONSISTENCY WITH THE REGIONAL POLICY PLAN
A. OBJECTIONS
1. 9J-5.021(1)
The proposed plan amendment does not further the South
Florida Regional Policy Plan regarding Regional Goal
40.1 and Regional Policies 40.1.2 and 40.1.5.
Recommendation
To further this goal and these policies, respond to the
recommendations for each of the objections found under
the Coastal Management Element section of this report.
City Response: Please see the response to this
comment included in the "Additional Information and
History" report enclosed with this O.R.C. response
package.
B. COMMENTS
None
1-7
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # \~ - MEETING OF OCTOBER 23, 1990
ORDINANCE NO. 53-90
DATE: October 19, 1990
This is a first reading of an Ordinance amending the Code of
Ordinances by repealing sections in Chapter 36 which duplicate the
Consultants Competitive Negotiation Act. This Act provides the
procedures for the procurement of professional service, 1. e.
architectural, engineering, landscape architectural, and land
surveying.
Recommend approval of Ordinance No. 53-90.
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[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE 3]0 S.E. ]st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483
407/243- 7090 TELECOPIER 407/278-4755
MEMORANDUM
Date: October 9, 1990
To: David Harden, City Manager
From: Jeffrey S. Kurtz, City Attorney
Subject: Repeal of Duplicate Portions of
Competitive Negotiation Act
Pursuant to Commission direction, I have prepared the attached
ordinance which has the effect of repealing Sections 36.16
through 36.23 of our Code of Ordinances. This will leave us
with the situation wherein only the state statute known as the
Consultants Competitive Negotiation Act will control our
purchases for professional services.
I would suggest that this matter be scheduled for first reading
at an upeoming City Commission meeting.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSK:sh
Attachment
cc: City Commission
Alison MacGregor Harty, City Clerk
Ted Glas, Purchasing Director
Milena Walinski, Acting Finance Director
I
ORDINANCE Nq. 63-~O
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 3, "ADMINIS-
TRATION", CHAPTER 36, "FINANCE; CITY PROPERTY
TRANSACTIONS", SUBHEADING, "CONTRACTS FOR PROFES-
SIONAL SERVICES" OF THE CODES OF ORDINANCES OF THE
CITY OF DELRAY BEACH BY REPEALING SECTION 36.16,
"INTENT", SECTION 36.17, "DUTIES OF ADMINISTRATION",
SECTION 36. 18 , "ANNOUNCEMENT REQUIRED; PROCEDURE",
SECTION 36.19, "EVALUATION, CERTIFICATION OF
APPLICANTS", SECTION 36.20, "COMPETITIVE SELECTION",
SECTION 36.21, "COMPETITIVE NEGOTIATION", SECTION
36.22, "RULES OF PROCEDURE REQUIRED", SECTION 36.23,
"APPLICATION TO INDEPENDENT AGENCIES"; PROVIDING A
SAVING CLAUSE; PROVIDING A REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Clf Delray Beach is required to follow the
mandates of Florida Statutes 287.055 also known as the Consultants
Competitive Negotiation Act; and
WHEREAS, certain code sections within Chapter 36 of the Code
of Ordinances of the City of Delray Beach are duplicitous of Consultants
Competitive Negotiation Act; and
WHEREAS, it is the City Commission's desire to eliminate any
confusion in administering the requirements of COl)sultants Competitive
Negotiations Act. /
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 3, Chapter 36, "Finance", subheading,
"Contracts For Professional Services" of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended by repealing Sections
36.16, 36.17, 36.18, 36.19, 36.20, 36.21, 36.22, 36.23
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such 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 3. That all ordinances or parts of ordinance which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective
immediately on 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
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[ITY DF DELAAY BEA[H
CITY ""TORNEY'S OFFICE [, >Iidi] >1111 i IJlli{\\ HI":'~LI~~)RI!l\ ~q,;
HI f.2.1 ", Illi('il'III{..1',2.,-L."
MEMORANDUM
Date: October 9, 1990
To: David Harden, City Manager
From: Jeffrey S. Kurtz, City Attorney
Subject: Repeal of Duplicate Portions of
Competitive Negotiation Act
Pursuant to Commission direction, I have prepared the attached
ordinance which has the effect of repealing Sections 36.16
through 36.23 of our Code of Ordinances. This will leave us
with the situation wherein only the state statute known as the
Consultants Competitive Negotiation Act will control our
purchases for professional services.
I would suggest that this matter be scheduled for first reading
at an upcoming City Commission meeting.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSK:sh
Attachment
cc: City commission
Alison MacGregor Harty, City Clerk
Ted Glas, Purchasing Director
Milena Walinski, Acting Finance Director
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ;I~ - MEETING OF OCTOBER 23, 1990
ORDINANCE NO. 54-90
DATE: October 19, 1990
This is a first reading of an Ordinance amending the Land Development
Regulations by amending Section 4.6.13 "Parking and Storage of
Commercial Vehicles, Boats, Trucks, and Similar Vehicles". This
ordinance provides that restrictions on truck parking shall be
applicable in all residential zoning districts. Panel, pickup, van
and similar type trucks, not over 3/4 ton rated capacity are allowable
in all residential zone districts. However, an exception has been
made for R-1AA (Single Family Residential District) to permit vehicles
with a rating up to one ton capacity. An additional provision, that
no more than two such vehicles shall be parked on a plot, is also
included.
The Planning and Zoning Board at their October 15th meeting
recommended approval.
Recommend approval of Ordinance No. 54-90.
'::Tr' RTTiJRNEl'S OFFICE TEL No. 407 278 4755 Oct 1-j ,:'I~1 11:1: ':-1 ;: . '~I :-
( ----
.-- --". -"
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ORDINANCE NO. 54-90
AN ORDINANCE OF THE CITY CO~ISSION OF THE CITY OF
DBLRAY BEACH, FLORIDA, 1\MENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
OELRAY BEACH BY AMENDING CHAPTER 4, "ZONING
REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS", SECTION 4.6.13, "PARKING AND STORAGE
OF COMMERCIAL VEHICLES, BOATS, TRUCKS, AND SIMILAR
VEHICLES", SUBSECTION (B), "PERMISSIBLE PARKING", BY
"-MENDING SUB-SUBSECTION (B)(l), "TRUCKS", TO
PROHIBIT PARKING OF TRUCKS OR SIMILAR VEHICLES RATED
AT GREATER THAN ONE ( 1) TON R-1AA DISTRICT AND TO
PROHIBIT THE PARKING OF MORE THAN TWO TRUCKS OR
SIMILAR VEHICLES ON ANY PLOT; PROVIDING A SAVINGS
CLAUSE; PROVIDING A 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 the Land Development Regulations, Chapter 4,
"Zoning Regulations", Article 4.6, "Supplemental District Regulations",
Section 4.6.13, "Parking and Storage of Commercial vehicles, Boats,
Trucks, and Similar Vehicles", of the Code of Ordinances of the City of
Delray Beach is hereby amended by amending sul:lsection (B) (1),
"Trucks", to read as. follows: I
(B) Permissible Parking:
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such 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 3. That this ordinance shall become effective after
pas.age on second and final reading and shall apply to services rendered
commencing on November 1, 1990.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading-
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 1990.
-
MAYOR
A'l'TEST:
City Clerk
First Reading
Second. Reading
C I T Y COMMISSION DOCUMENTATION
TO: ~ LEVERETT, ADMINISTRATIVE ASSISTANT III
ill ~~
FROM: DAVID J. KOV CS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 23, 1990
ORDINANCE AMENDING L.D.R.S RE TRUCK PARKING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a text amendment to the LDRs. The affected
Section is 4.6.13 and the subject is truck parkinq in
residential districts.
After first reading, the ordinance is set for a public
hearing and subsequent enactment.
BACKGROUND:
This subject was raised by the City Commission in response to
some specific complaints about truck parking in residential areas
and about an adverse situation with respect to truck parking on
lots in R-I-A zone district.
Initial direction was to examine the truck parking requirements.
Attached is a staff (Code Enforcement) memorandum which provides
a good background and analysis of the current requirements.
Additional input was received from the Neighborhoods Task Team
and from the Homeowners League of Chatelaine, Inc.
Please refer to the P&Z Staff Report for copies of those
documents and an analysis of the issue.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at its
meeting of October 15, 1990. Following consideration of
additional public testimony, the Board (on a unanimous vote)
recommended that the existing regulations be amended to
accommodate the following:
* That in the R-1-A Zone District, the restrictions shall
apply to trucks of greater than one ton capacity.
City Commission Documentation
Ordinance Amending L.D.R.s Re Truck Parking
Page 2
* That there be a limitation of not more than two such trucks
on any lot (plot) . (Note: This item pertains to all
residential zoning districts.)
Thus, Section 4.6.13(B)(I) would be amended as follows:
( 1 ) Trucks: Restrictions on truck parking shall be
applicable in all residential zoning districts other than
R-I-A and shall permit only panel, pickup, van, and similar
type trucks, not over 3/4 ton rated capacity. In the R-I-A
Zone District, the restrictions shall apply to trucks of
greater than one ton capacity. Such vehicles may only be
parked on a plot improved with a residence, (and) must be
used by a resident of the premises, and shall be limited to
not more than two such vehicles on any lot or plot.
RECOMMENDED ACTION:
By motion, approval of the proposed text amendment on first
reading.
Attachment:
* P&Z Staff Report of October 23, 1990
REF/DJK68/CCTRUCK.TXT
PLADIIfG AIm ZONIIfG BOARD MEMORAlmUM STAFF REPORT
TO: _?LANNING AND ZONING BOARD
CITY OF DELRAY BEACH
,
I lV~j~u~
,
\
"-
"
FROM: DAVID J. KOVACS, DIRECTOR
SUBJECT: REGULAR MEETIIfG OF OCTOBER 15, 1990 ..
CONSIDERATION OF AMEImMElft TO SECTION 4.6. 13 AS IT
PERTAINS TO TIlE PARKIIfG OF TRUCltS ON PRIVATE PROPERTY
ITEM BEFORE THE BOARD:
The action requested of the Board is that of forwarding a
recommendation to the City Commiss~on on proposed changes to
the LDRs. The specific Section IS 4.6.13 and the subject
matter deals with parking of trucks on private property.
Section 1.1.6(A) provides that prior to action on a proposed
amendment to the LDR~ a recommendation is obtained from the
Planning and Zoning Board.
BACKGROUND:
The City of Delray Beach has similar parking restrictions for
trucks on private property as do~ other communities. In July,
1985, the Delray Beach Code was amended to exclude such parking
restrictions in the R-I-A zone district. Due to complaints of
truck parking being brought to the attention of the City
Commission, it directed that the truck parking regulations be
examined.
Attached is a memorandum from Richard Bauer, Code Enforcement
Administrator, which provides more information on the subject.
Also attached is a letter from the Homeowners League of
Chatelaine, Inc. and a memo (via Lula Butler) from the
Neighborhoods Task Team on this subject.
SUMMARY OF POSITIONS:
The Administration initially recommended that the text be changed
by deletinq the exception for R-I-A property.
IS', fi..
P&Z Staff Report
Consideration of Amendment to Section 4.6.13 as it
Pertains to the Parking of Trucks on Private Property
Page 3
The suggested language for the recommendation is:
To amend Section 4.6.13(B)(I) by adding a new second
sentence which reads - "In the R-l-A Zone District, the
restrictions shall apply to trucks of one ton, or greater,
capaci ty" .
RECOMMENDED ACTION:
Review and comment, as deemed appropriate, and then provide a
recommendation to the City Commission.
Attachments:
* Page 4.6.49 of the LDRs [Section 4.6.13(B)]
* Bauer memo
* Butler memo
* Chatelaine letter
REF/DJK*73/PZTRUCKS.TXT
October 5, 1990
MEMORAllDOM
TO: DAVID KOVACS, DIRECTOR, PLANNING & ZONING
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
RE: TRUCK ORDINANCE/NEIGHBORHOOD TASK ~ RECOMMENDATION
The proposed revised Truck Ordinance language governing R-IA
zoning districts was reviewed by the Neighborhood Task Team on
Thursday, October 4th. They have requested that P & Z consider
the following as possible amendments to the language that is
before them at your October 8th meeting:
For all R-1A districts, the truck rated capacity be
increased from 3/4 ton to one (1) ton, and
Consideration be provided for a "hardship determination"
within the ordinance. They further recommend that the
"hardship determinations" be heard by the City Commission
and that City staff be responsible for providing the
Commission with factual information to establish such
hardships.
I will be present at the Planning & Zoning Board meeting to
answer any questions the Board members may have regarding the
Neighborhood Task Team recommendations.
cc: Beverly Ish-Renick, Neighborhood Housing Specialist
Richard Bauer, Code Enforcement Administrator
B:TRUCK/DK/LG5
- ~,
() (' tC'
, -. 1~/
--.
Homeowners League of Chatelaine Ine.
P.o. Box 7481 . Delray Beach, FL 33484-7481
City Commission Aug 15, 1990
C/O City of Delray Bch
100 NW 1st Ave
De1ray Beach, Fl 33444
To The City Commission and Others It May Concern,
We understand that you have been requested to review
the parking of trucks in residential neighborhoods.
The Board of Directors of the Homeowners League of
Chatelaine is requesting that the following be added to the
code:
"There shall be no open storage of trucks,
trailers, campers, boats, motorcycles or any type
of commercial type of vehicles in the
Rl-AB/Chatelaine zoning area"
Thanking you in advance for your prompt attention to
this matter.
Sincerely,
~<<M. G ~~
Susan Ona
President
AUG2 0 W
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # \~!> - MEETING OF OCTOBER 23, 1990
ORDINANCE NO. 55-90
DATE: October 19, 1990
This is a first reading of an Ordinance amending the Land Development
Regulations <by enacting a new section, "Adult Entertainment
Establishment", to provide for the existence of adult establishments,
as a conditional use, in specific zone districts. This proposed
ordinance would permit Adult Entertainment Establishments, as
conditional uses, in the GC (General Commercial District) and MIC
(Mixed Industrial and Commercial District).
The Planning and Zoning Board at their October 15th meeting
recommended approval.
Recommend approval of Ordinance No. 55-90.
. . .
_. -~_.
ORDINANCE NO. 55-90
AN ORDINANCE OF THE CITY COf'J!oIISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER ONE,
"GENERAL ?ROV:SIONS", ARTIC:.E 1. 4, "INTERPRETATION,
ENFORCE:1ENT, AND PENALTIES", SUBSECTION 1. 4.5,
"DEFINITIONS", BY ADDING JEFINITIONS FOR "ADULT
ARCADE" , 'I ADULT BOOKZ-::?E./ .~'.:rJ:"': .lI:)EC :;:-CJRE", "ADULT
DANCING ESTABLI SH~lENT" , Illl.T'\tl,.m S~!:'=~.::~ .:~;~~ENT ESTAB-
r\.....,u.......
LISHMENT", "ALCOHOLIC BEVERA':;E '::S::IIELISHMENT" ,
"NUDITY", AND "PARTIAL NUDITY", BY ~:ENDING CHAPTER
FOUR, "ZONING REGULATIONS", ARTICLE 4.3, "DISTRICT
REGULATIONS, GENERAL PROVISION" , SUBSECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIAL USES", BY ADDING A
NEW SUBSECTION (A.A.) , PROVIDING GENERAL REGULATIONS
AND SPECIAL CONDITIONS UPON SUCH ESTABLISHMENT; BY
AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE
4.4, "BASE ZONING DISTRICT", SUBSECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT, SUB-SUBSECTION
(D) , "CONDITIONAL USES AND STRUCTURES ALLOWED", TO
ADD ADULT ENTERTAINMENT ESTABLISHMENTS AS A
CONDITIONAL USE AND RENUMBERING THE REMAINING
CONDITIONAL USES ACCORDINGLY; BY AMENDING CHAPTER
FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING
DISTRICT", SUBSECTION 4.4.19, "MIXED INDUSTRIAL AND
COMMERCIAL (MIC) DISTRICT", SUBSE~N (D) ,
"CONDITIONAL USES AND STRUCTURES ALLOW .', TO ADD
ADULT ENTERTAINMENT ESTABLISHMENTS AS A CONDITIONAL
USE; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Land Development Regulations, Chapter One,
"General Provisions", Article 1. 4, "Interpretation, Enforcement, and
Penalties", Subsection 1.4.5, "Definitions", of the Code of Ordinances of
the City of Delray Beach, Florida, be and the same is hereby amended to
add the fOllowing definitions:
"Adult Arcade" . Any place or establishment operated for
commercial gain which invites or permits the public to view adult
material.
"Adult Bookstore/Adult Video Store". An establishment which
sells or offers adult material for sale or rent for commercial gain;
unless the establishment demonstrates either ( 1) the adult material is
accessible only by employees and the gross income from the sale or rental
of adult material comprises less than forty percent (40%) of the gross
income from the sale or rental of goods or services at the establishment,
or (2) the individual items of adult material offered for sale or rental
comprise less than ten percent (10%) of the individual items, as stock in
trade, pUblicly displayed in the establishment and which is not accessi-
ble to minors at the establishment.
"
"Adult Dancing Establishment". An establishment where
employees engage in nudity or partial nudity regardless of whether the
employees actually engage in dancing.
"Adult Entertainment Establishment".
(A) Any adu1 t arcade, adult bOOkstore/adult video store, or
adult dancing establishment; or any other establishment or
. ,",1 ."":"? , - '0" ~... - -
. .
business operated for commercial gain where any employee,
operator or owner engages innudity or partial nudity,
including but not limited to: massage establishments,
whether or not licensed pursuant to Chapter 480, Florida
Statutes, tanning salons, modeling studios, or lingerie
studios.
(Bl Excluded from this definition are any educational institu-
tions where engaging in nudity or partial nudity is
associated with a curriculum or program.
(Cl 7-.n establishment that possesses an Adult Entertainment
License throc:.gh Palm Beach County is presumed to be an
Adult Entertainment Establishment.
"Alcoholic Beverage Establishment" means any establishment
located in the City of Delray Beach which alcoholic beverages, beer or
wine are offered for sale for consumption on the premises.
"Nudity" means the exposing to public view of the human male or
female genitals, pUbic area, cleavage 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) .
"Partial nudity" means the exposing to pUblic view of the human
male or female cleavage of the human buttocks or that portion of the
human female breast encompassed with an area falling/~elow 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 covering; or the depiction of covered human male genitals in
a discernibly turgid state.
Section 2. That the Land Development Regulations, Chapter
Four, "Zoning Regulations", Article 4.3, "District Regulations, General
provision" , Subsection 4.3.3, "Special Requirements for Special Uses" I
of the Code of Ordinances of the City of Delray Beach, Florida, be and
the same is hereby amended by adding a new Sub-subsection (AA) to read as
follows:
(AA) Adult Entertainment Establishments.
In addition to the requirements of the underlying zoning
district, other applicable general regulations, parking regulations and
special conditions imposed through the conditional use process, the
following requirements shall apply to adult entertainment establishment.
(1) No adult entertainment establishment shall be located
closer than One Thousand (1,000) feet from any other adult entertainment
establishment measured from lot boundary to lot boundary, the distance
measured along a straight airline route.
(2) No adult entertainment establishment shall be located
closer than One Thousand (1,000) feet from any house of worship, residen-
tial zoning district, community facilities district, or school measured
from lot line to lot line boundary along a straight airline rout~.
(3) No adult entertainment establishment shall be located
within Seven Hundred Fifty (750) feet of an existing alcoholic beverage
establishment.
2 ORD. NO. 55-90
I
I
i
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"-, ...~.._-' - --.----..--.-"-
,
~
-- - ... .- .- -- ---
.- -_.. -
( 4l Signage. Only one sign per adult entertainment establish-
ment is permitted, and such sign shall not extend above twelve (12l feet
above ground level or have an area of greater than thirty-six (36) square
feet. No neon material shall be permitted on the sign. All other
restrictions of the sign code shall apply herewith.
Section 3. That the Land Development Regulations, Chapter
Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Subsec-
tion 4.4.9, "General Commercial (GC) District", Sub-subsection (D) ,
"Conditional Uses and Structures Allowed", of the Code of Ordinances of
the City of Delray Beach, Florida, be and the same is hereby amended by
adding the following new conditional use and renumbering the remaining
conditional uses accordingly:
(1 ) Adult Entertainment Establishments
Section 4. That the Land Development Regulations, Chapter
Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Subsec-
tion 4.4.19, "Mixed Industrial and Commercial (MIC) District", Sub-sub-
section (D) , "Conditional Uses and Structures Allowed", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
(D) Conditional Uses and Structures Allowed: '!?l'\ere -are -fte -\1ses
desi~fta~ed-as-eeftdi~ieftai-\1ses-wi~l'\ift-~l'\e-M%e-Bis~rie~~ The following
uses are allowed as conditional uses within the MIC District pursuant to
the provisions of 2.4.5(E):
ill Adult Entertainment Establishments
Section 5. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 6. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole
or part thereof other than the part declared to be invalid.
Section 7. 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
3 ORD. NO.
C I T Y COMMISSION DOCUMENTATION
TO: RYL LEVERETT, ADMINISTRATIVE ASSISTANT III
c~J.~ l.JQ ~~
FROM: D ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 23, 1990
ORDINANCE AMENDING L.D.R.S RE ADULT ENTERTAINMENT
ESTABLISHMENTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the city Commission is that of
approval of a text amendment to the LDRs. The affected
Sections involve 1.4.5 (Definitions), a new 4.3.3(AA), and
the list of conditional uses in the GC and MIC zone
districts. The subject is Adult Entertainment
Establishments.
After first reading, the ordinance is set for a public
hearing and subsequent enactment.
BACKGROUND:
This subject was raised by the City Commission during review of
an ordinance which addressed partial nudity. While there exists
a County Ordinance regulating adult entertainment establishments,
it was felt that a set of regulations specific to the City of
Delray Beach should be adopted. The proposed regulations are
modelled after the existing County regulations.
Please refer to the P&Z Staff Report for a more complete
discussion of the subject and comments on the initial draft
ordinance as prepared by the City Attorney's Office.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at it's
meeting of October 15, 1990. Following consideration of
public testimony, the Board (on a unanimous vote) recommended
that the existing regulations be amended to accommodate the
definition and regulation of Adult Entertainment Establishments
and that they be allowed as conditional uses in the MIC and GC
zone districts. Accordingly, the draft ordinance (with comments)
was referred to the City Attorney for final drafting.
City Commission Documentation
Ordinance Amending LDRs Re Adult Entertainment
Establishments
Page 2
RECOMMENDED ACTION:
By motion, approval of the proposed text amendment on first
reading.
Attachment:
* P&Z Staff Report of October 23, 1990
REF/DJK#68/CCADULT.TXT
PLAlIIIIRG AIm ZORING BOARD MEMORAIIDUM STAFF REPORT
TO: PLANNING AND ZONING BOARD
C:;::Y OF DELRAY BEACH
}~ ,J Vc:\~-~J-
FROM: D ID J. KOVACS, DIRECTOR
SUBJECT: REGULAR MEETING OF OCTOBER 15, 1990
CORSIDERATIOR OF AllEImllEIIT TO VARIOUS SECTIORS OF TIlE
LDRS AS TIlEY PERTAIR TO ADULT EllTERTAIBMEIft'
ESTABLISHMEIITS
ITEM BEFORE THE BOARD:
The action requested of the Board is that of forwarding a
recommendation to the City Commission on proposed changes to
the LDRs. The affected Sections include 1.4.5
(Definitions); a new 4.3.3{AA) (Adult Entertainment
Establishments); and the specific zone districts in which
the use of "Adult Entertainment Establishments" is to be
allowed as a conditional use.
Section 1.1.6(A) provides that prior to action on a proposed
amendment to the LDRs, a recommendation is obtained from the
Planning and Zoning Board.
BACKGROUND:
During the drafting of the LDRs, the question arose as to whether
or not the County's ordinance on adult entertainment
establishments was applicable in the City of Delray Beach.
Although it was thought to be, it was decided that it would be
best if the City had its own regulation. Since the subject may be
controversial, it was also decided to address it by a specific
amendment as opposed to including it in the LDR preparation
program.
The City Commission has previously enacted an Ordinance which
addresses "nudity, partial nudity, sexual conduct at alcoholic
beverage establishments". The matter before the Board is that of
the regulation of "adult entertainment establishments" under land
use powers. It is proposed that this use be treated similarly to
more than twenty-four (24) other uses which have specific
requirements required of them.
Attached is a memo from the City Attorney which provides more
background. Also attached is a draft ordinance - please note that
the draft ordinance refers to old code sections.
yg~
P&Z Staff Report
Consideration of Amendment to Vaiour Sections of
the LDRs as they pertain to Adult Entertainment
Establishments
Page 2
ANALYSIS AND COMMENTS:
Section 1: Definitions: I note that within the definitions, the
word "specified" precedes "anatomical areas" in several
instances. Since they are not "specified" in the definition, the
word should be deleted.
Section 2: The new Subsection for Adult Entertainment
Establishments should be 4.3.3(AA).
In (A), the last reference of "lot boundary" should read
"distance" instead.
In (B), the word "public" should be removed from prior to
community facilities district.
In (D), reference should be included that all other
restrictions of the sign code must also be met.
Neither (E), parking Requirements, or (F) Landscaping
Requirements are deemed as needed special attention.
Sections 3-5: Zoning Districts. It is recommended that Adult
Entertainment Establishments be allowed only as a conditional use
and that they be allowed in the following zone districts:
GC General Commercial Section 4.4.9(D)
MIC Mixed Industrial & Commercial Section 4.419(D)
RECOMMENDED ACTION:
Review and comment, as deemed appropriate, and then provide a
recommendation to the City Commission.
Attachments:
* Kurtz memo of August 8th
* Draft ordinance by Kurtz
REF/DJK#73/PZADULT.TXT
.
~ .' -' # ... _.:: .../
AUG 1 G 90
[ITY DF DELAAY BEA[H ~'~" ~'~~"~~'3': :-,-
. .
CITY ATTORNEY'S OFFICE ." ~I i '! STIUIT_ slIn .. DURAY HrA('lI. FLORIDA ))48)
'" "')' )';" fiLl (OI'llR ""'784 '" ~ Y-
:-1EXORANDUM ~~
Date: August 8, 1990 y~~.
To: Ci ty Commiss ion IV- ~ r:;-
From: Jeffrey S, Kurtz, City Attorney 6J..... \,p.._ ~
Subject: Adult Entertainment Establishments ~ k- S'~
. ~ .;;.
A concern ha~ 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 likewise wherever waitresses and
entertainers are permitted there is no prohibition on such
activities being done without clothes, except for the
regulatory aspects of the County's ordinance. I
I
Various studies have shown that such establishmknts and activi-
ties are detrimental to neighborhoods and other businesses when
they are in close proximity to them; this 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 is a limitation on the time that such activities can take
place and special ~ parking and landscaping requirements.
Since this is a zoning ordinance and in view of the recent
"1tc
I
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 173, "ZONING
CODE", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 173.001,
"DEFINITIONS", TO INCLUDE DEFINITIONS OF ADULT
ARCADE, ADULT BOOKSTORE/ADULT VIDEO STORE, ADULT
DANCING ESTABLISHMENT AND ADULT ENTERTAINMENT
ESTABLISHMENT; BY AMENDING "SPECIAL USE REQUIRE-
MENTS" , BY ENACTING A NEW SECTION 173.615, "ADULT
-' ENTERTAINMENT ESTABLISHMENT" , PROVIDING GENERAL
-
REGULATIONS, PARKING, LANDSCAPING REGULATIONS AND
SPECIAL CONDITIONS UPON SUCH ESTABLISHMENTS; AMEND-
ING SECTION 173.472, TO ADD ADULT ENTERTAINMENT
ESTABLISHMENT AS A CONDITIONAL USE IN THE GENERAL
COMMERCIAL DISTRICT; AMENDING SECTION 173.607,
ADDING ADULT ENTERTAINMENT ESTABLISHMENT AS A
CONDITIONAL USE IN THE MEDIUM INDUSTRIAL DISTRICT;
AMENDMENT 173.582, ADDING ADULT ENTERTAINMENT
ESTABLISHMENT AS A CONDITIONAL USE IN THE LIGHT
INDUSTRIAL DISTRICT; PROVIDING A REPEALER CLAUSE; ....
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE i
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: \
,
Section 1. That Chapter 173.001, "Definitions", of the Code
of Ordinances of the City of Delray Beach, Florida, be and the same is L
?
hereby amended by adding the following definitions:
"'-,
};f "Adult Arcade". Any place or establishment operated for commercial
\ ~, gain which invites or permits the public to view adult material.
JI. Q-l'/
~ ~. "Adult Bookstore/Adult Video Store". An establishment which sells
'"0~ ~..
~ -11' V or offers adult material for sale or rent for commercial gain;
~~ unless the establishment demonstrates either (1) the adult material
is accessible ~nl~bY employees and the gross income from the sale
or rental of adult material comprises less than forty percent (40\) .
of the gross income from the sale or rental of goods or services at
the establishment, or ( 2 ) the individual items of adult material
offered for sale or rental comprise less than ten percent (10%) of
the individual items, as stock in trade, publicly displayed in the
establishment and which is not accessible to minors at the estab-
lishment.
"Adult Dancing Establishment". An establishment where employees
display or expose! specitiedJ anatomical areas to others, regardless
of whether the emp16yees actually engage in dancing.
"Adult Entertairunent Establishment".
( A) Any adult arcade, adult bookstore/adult video store, or
adult dancing establishment; or any other establishment
1 ORD. NO.
of Ordinances of the City of De1ray Beach, Florida, be and the same is
hereby amended by adding "Adult Entertainment Establishments, subject to
Sec. 173.615" as a conditional use.
section 5. That Chapter 173, "Zoning Code", "LI Light Indus-
trial District", Section 173.582, "Conditional Uses", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended by adding "Adult Entertainment Establishments, subject to
Sec. 173.615" as a conditional use.
Section 7. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 8. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
- declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 9. 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.
...
MAYOR
ATTEST:
,
City Clerk ~
First Reading {
Second Reading
.
3 ORD. NO.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ld-E - MEETING OF OCTOBER 23, 1990
ORDINANCE NO. 56-90
DATE: October 19, 1990
This is a first reading of an Ordinance amending Section 113.20 of the
City Code to provide that no employee of, or person having an
independent contractual relationship with, the owner or operator of an
alcoholic beverage establishment shall engage in nudity or partial
nudity in any alcoholic beverage establishment.
Recommend approval of Ordinance No. 56-90. -
. .
-,._- - -
----
ORDINANCE NO. 56-90
AN ORDINANCE OF THE CITY COMMISSION OF 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 AMENDING SECTION
113.20, "PROHIBITION OF NUDITY, PARTIAL NUDITY,
SEXUAL CONDUCT AT ALCOHOLIC BEVERAGE ESTABLISH-
MENTS" , SUBSECTION {Bl, "NUDITY, PARTIAL NUDITY, AND
SEXUAL CONDUCT PROHIBITED", PROVIDING THAT ANY
EI1PLOYEE OF, OR PERSON HAVING AN INDEPENDENT
CONTRACTUAL RELATIONSHIP WITH, THE OWNER OR OPERATOR
OF AN ALCOHOLIC BEVERAGE ESTABLISHMENT SHALL BE
PROHIBITED FROM ENGAGING IN NUDITY OR PARTIAL NUDITY
WITHIN ANY ALCOHOLIC BEVERAGE ESTABLISHMENT;
PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING
CLAUSEi PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 113, "Alcoholic Beverages" , Section
113.20, "Prohibition of Nudity, Partial Nudity, Sexual Conduct at
Alcoholic Beverage Establishments", Subsection 'l'" "Nudity, Partial
Nudity, and Sexual Conduct Prohibited", of the Cod of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended to read
as follows:
{Bl Nudity, ;:artial Nudity, and Sexual Conduct Prohibited.
{ll No person shall engage in nudity in any alcoholic bever-
age establishment.
(2 ) No t'er~on employee of, or person havinq an independent
contractual relationship with, the owner or operator of
an alcoholic beveraqe establishment shall engage in
partial nudity in any alcoholic beverage establishment.
(3 ) No person maintaining, owning or operating an alcoholic
beverage establishment shall suffer or permit any l'er~on
employee or person havinq an independent contractor
status as to the owner or operator of the alcoholic
beveraqe establishment to engage in nudity or partial
nudity within any alcoholic beverage establishment.
(4 ) No person s ha 11 engage in 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 establiphment.
(C) No establishment permitting nudity or partial nudity may be
located within Seven Hundred Fifty (750 ) feet of any parcel of
I ORD. NO.
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land upon which an alcoholic beverage establishment is
located.
(D) For purposes of the above Subsection (C) 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 quantity of land capable of
being described with such definiteness that its location and
boundaries may be established, which is designated 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.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That 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 I 1990.
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MAYOR
ATTEST:
City Clerk I
First Reading
Second Reading
2 ORO. NO. 5OS-S'O
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