11-15-05 Agenda Reg
CITY COMMISSION
CITY OF DELRAY BEACH. FLORIDA
REGULAR MEETING - TUESDAY. NOVEMBER 15. 2005
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS:
8. CONSENT AGENDA
Q. VISA CHECK/MASTERCARD CLASS ACTION LITIGATION: Approve the
City's participation in a Class Action lawsuit for antitrust violations regarding the use of
Visa ChecklMasterCard from October 25, 1992 to June 21, 2003.
R. CM AT RISK CONTRACT/OLD SCHOOL SOUARE PARKING
GARAGE/PRECONSTRUCTION SERVICES: Approve a CM at Risk Contract with
Catalfumo Construction in the amount of $129,586.91 for the preconstruction services
phase of the Old School Square Parking Garage CM at Risk Contract. Funding is
available from 380-4150-572-63.29 (2004 G.O. BondlParks & Recreation/Old School
Square).
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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, such person will need to ensure that a verbatim
record includes the testimony and evidence upon which the appeal is based. The City neither
provides nor prepares such record.
City of Delray Beach
Regular Commission Meeting
6J
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RULES FOR PUBLIC PARTICIPATION
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an Individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
Tuesda.y. November 15. 2005
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 conceming 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: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be at the specific request of individual City Commission members.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. 1f you are not able to do so prior to the
start of the meeting, you may still address 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 speak, please 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 your name and address for the record. All comments must
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 by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127, 24 hours prior to the event in order for the City to accommodate your
request. Adaptive listening devices are available for meetings in the
Commission Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF All.EGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
. November 1, 2005 - Regular Meeting
. November 8, 2005 - Workshop Meeting
6. PROCLAMATIONS:
A. Recognizing and Commending Alan Antolic
B. Recognizing and Commending the Delray Beach Ocean Rescue Lifeguard Competition
Team
C. Recognizing and Commending the South Florida Dynamics Baton Twirling Corps
D. St. Paul AME Church -108'" Anniversary
7. PRESENTATIONS:
A. Special Recognition Award - Brittany Srnith
B. Special Recognition Award - Marty Riger
C. "Spotlight on Youth" - John Morley, President of the Delray Beach Youth Council
D. "Spotlight on Neighborhoods" - Gail-Lee McDermott, Chairman, Neighborhood
Advisory Council
E. Update on R.A.C.E. (Relationship between Authorities, Citizens, and Experts), Samuel
E. Mathis, Jr., Diversiry Business Strategist and Advisor
8. CONSENT AGENDA: City Manager Recommends Approval.
A. RESOLUTION NO. 84-05: Approve Resolution No. 84-05 abandoning a portion of
Dixie Highway Right-Of-Way, directly adjacent to Lot 2 and a portion of Lot 3 of the
plat of Delray Beach Estates, approximately 1,760 feet south of Gulf Stream Boulevard.
B. FINAL SUBDIVISION PLAT APPROVAL/NORTH FEDERAL HIGHWAY
REPLAT: Approve the subdivision plat for the North Federal Highway Replat, a
minor subdivision, located between Old Dixie Highway and Federal Highway, north of
N.E. 22nd Street.
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C. INITIATION OF CITY PROPOSED REZONING: Formally initiate a City
proposed rezoning from CBD-RC (Central Business District - Railway Cotridor) to
CBD (Central Business District) for a portion of Lots 9,13, and 14 of Block 78; Lots 15
and 16 of Block 78; and a portion of Block 86, located on the east side of S.E. 2nd
Avenue, approximately 90' south of S.E. 1" Street.
D. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/DROWNING
PREVENTION COAI.TTION: Approve an Interlocal Agreement with Palm Beach
County to provide a Learn to Swim Program at Pompey Park and the Delray Swim and
Tennis Center through the Drowning Prevention Coalition of Palm Beach County.
E. RATIFICATION OF THE APPOINTMENTS TO THE NEIGHBORHOOD
ADVISORY COUNCIL: Approve and ratify the November 1, 2005 Neighborhood
Advisory Council Appointments for three (3) year terms as per Section 32.46 of the City
Code of Ordinances.
F. CHANGE ORDER NO. 2/FINAL PAYMENT /CHAZ EOUlPMENT
COMPANY. INC.: Approve Change Order No.2 in the amount of a $57,281.22
decrease and final payment in the amount of $34,916.13 to Chaz Equipment Company,
Inc. for completion of the Area 1 Reclaimed Water System Project. Funding is available
from 441-5181-536-65.96 (Water/Sewer Fund/Reclaimed Water Transrnission).
G. CHANGE ORDER NO. 2 (CONTRACT ADDITION)/RANDOLPH &
DEWDNEY CONSTRUCTION. INC.: Approve Change Order No.2 (Contract
Addition) to the Fire Apparatus Maintenance Building Project in the amount of
$26,800.00 to Randolph & Dewdney Construction, Inc. for demolition and
reconstruction of the Old School Square south entrance canopy. Funding is available
from 334-6112-572-46.12 (General Construction Fund/Old School Square Roof
Repair).
H. CONTRACT ADDITION/MURRAY LOGAN CONSTRUCTION. INC.:
Approve a Contract Addition in the amount of $21,750.00 via the Northern Palm Beach
County Improvement District's Continuing Maintenance Contract to Murray Logan
Construction, Inc. for additional work relating to the Upgrade of Lift Station looA
Project. Funding is available from 442-5178-536-68.15 (Water/Sewer Renewal and
Replacement Fund/Lift Station Rehabilitation).
I. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund
subsidy for one (1) eligible applicant/family in the amount of $49,000.00 for 203 N.W.
10'" Avenue. This brings the number to 161 homeowners assisted under the
Renaissance Program. Funding is available from 118-1924-554-49.20 (Home Owner
Subsidy).
J. SUPPLEMENTAL PRE-DESIGN SERVICES/PGAL. INC.: Approve a
proposal in the amount of $16,989.00 from PGAL, Inc. for supplemental pre-design
consulting services regarding the preparation of construction documents for the Old
School Square Parking Garage Project. Funding is available from 380-4150-572-63.29
(2004 G.O. Bond/Parks & Recreation/Old School Square).
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K. CHANGE ORDER NO. 1 (CONTRACT ADDITION)/RANGER
CONSTRUCTION. INC.: Approve Change Order No.1 (Contract Addition) in the
amount of $220,295.95 to Ranger Construction, Inc. to add the 2006 Street Resurfacing
Project to the current 2005 Resurfacing Contract. Funding is available from 334-3162-
541-61.17 (General Construction Fund/Resurfacing).
L. CHANGE ORDER NO. l/JMW CONSTRUCTION CORPORATION:
Approve Change Order No.1 in the amount of $133,257.85 to JMW Construction
Corporation for additional amenities to the Lake Ida Park Project; a Palm Beach County
Grant will fund $100,000.00. Funding is available from 380-4150-572-63.26 (2004 G.O.
Bond/Lake Ida Park) and 448-5461-538-63.90 (Stormwater Utility Fund/Other
Improvements).
M. RIGHT OF ENTRY AND LICENSE AGREEMENT/145 N.E. 4TH AVENUE:
Approve and accept a right of entry and license agreement with O.D. Priest, Jr. to allow
the removal of asphalt parking and the installation of a paver sidewalk.
N. FLORIDA EAST COAST RAILWAY COMPANY (FEC)/S.E. 4TH STREET
CROSSING REHABILITATION: Approve a reimbursement to the Florida East
Coast Railway Company (FEC) in the amount of $20,427.72 for reconstruction of the
S.E. 4'" Street crossing per provisions of the 1952 FEC Agreement. Funding is available
from 334-3162-541-46.90 (General Construction Fund/FEC Crossing Rehab/Other
Repair/Maintenance Costs).
O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 24, 2005 through November 11, 2005.
P. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Ten-8 Fire Equipment, Inc. of Bradenton, Florida/Pierce
Manufacturing, Inc. in the amount of $382,450.00 for the purchase of one (1)
2006 Pierce Manufacturing, Inc. Special Operations Vehicle for the Fire
Department. Funding is available from 501-3312-591-64.25 (Central Garage
Fund/Heavy Equipment).
2. Approve a purchase order with Line Tech, Inc. in the amount of $25,000.00 via
the City of Boynton Beach Contract, Bid No. 022-2821-04/JA for the Water
Service Relocation Project. Funding is available from 442-5178-536-65.17
(Water/Sewer Renewal and Replacement Fund/Water Service Relocations).
9. REGULAR AGENDA:
A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION /BANK UNITED: Consider an appeal of the Site Plan Review and
Appearance Board's denial regarding the placement of the Bank United signs, located at
331 East Atlantic Avenue. (Quasi-Judicial Hearing)
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B. WAIVER REOUEST ISAFE & SECURE SELF STORAGE: Consider a waiver
request to waive Land Development Regulations (LDR), Section 4.6.7(F)(7), "Design
Standards Mattix", to allow Safe & Secure Self Storage to have a flat wall sign in excess
of what is allowed under the Code, pursuant to LDR Section 2.4.7(B)(5), "Findings".
(Quasi-Judicial Hearing)
C. CONDITIONAL USE REOUEST 15TH AVENUE FLATS: Consider a request to
allow a building height in excess of 48' (to a maximum of 60') for 5'" Avenue Flats, a
proposed mixed-use development that includes 12 residential condominiums and 3,183
sq. ft. of office/retail space, located at the northwest comer of N.E. 5'" Avenue and
N.E. 2nd Street. (QuasiJudicial Hearing)
D. PROFESSIONAL FIRE FIGHTERS AND PARAMEDICS OF DELRAY
BEACH. LOCAL 1842. IAFF AGREEMENT AND MEMORANDUM OF
UNDERSTANDING: Consider approval of a collective bargaining agreement and
Memorandum of Understanding with the Professional Fire Fighters and Paramedics of
Delray Beach, Local 1842, IAFF effective October 1,2004 through September 30, 2007.
E. EMERGENCY ADVISORY RADIO SYSTEM: Consider authorizing staff to
proceed with the purchase and installation of an Emergency Advisory Radio System to
warn and instruct residents during emergency situations.
F. SETTLEMENT OFFER IN KEMP v. CITY OF DELRAY BEACH: Consider a
Settlement Offer in the amount of $22,500.00 in Kemp v. City of Delray Beach. Staff
recommendation is acceptance.
G. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint two (2) regular members (one member for Zone 1 and one member for Zone
2) to the Neighborhood Advisory Council for three (3) year terms ending October 31,
2008. Based upon the rotation system, the appointments will be made by
Commissioner Ellis (Seat #1) and Commissioner McCarthy (Seat #4).
to. PUBLIC HEARINGS:
A. ORDINANCE NO. 74-05: Rezoning from RO (Residential Office) to R-l-A (Single
Family Residential) for a 0.57 acre parcel of land for 9'. Street Properties, located at the
southeast comer ofN.E. 2nd Avenue and N.E. 9'" Street. (QuasiJudicial Hearing)
B.
ORDINANCE NO. 56-05 (REVISED
COMPREHENSIVE PLAN AMENDMENT
Comprehensive Plan Amendment 2005-2.
1. Text Amendments:
FIRST
2005-2):
READING FOR
Public Hearing for
a. Future Land Use Element - Modification of the description of the Medium
Density FLUM designation to include provisions for increased density to
24 units per acre for the Carver Estates Overlay District and to a maximum
of 18 units/acre within the boundaries of other special overlay districts to
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accommodate higher density residential development subject to the
provision of workforce housing.
b. Future Land Use Element - Modification of the description of the
Transitional FLUM designation to include provisions for increased density
to approximately 18 units/acre within the boundaries of special overlay
districts to accommodate higher density residential development subject to
the provision of workforce housing.
c. Future Land Use Element - Modification of the description of the General
Commercial FLUM designation to include provisions for increased density
to approximately 18 units/acre within the boundaries of special overlay
districts to accommodate higher density residential development subject to
the provision of workforce housing.
d. Future Land Use Element - Add policy regarding creation of an overlay
district for the Congress A venue Corridor to encourage the development of
Class A corporate offices.
e. Transportation Element - Add policy regarding the change of NE/SE 1"
Streets from one-way back to two way traffic.
f. Transportation Element - Add policy regarding enhancement of the US-l
corridor (NE/SE 5'" Avenue and NE/SE 6"' Avenue) between NE 4'"
Street and SE 4'" Street through beautification and the provision of
improved parking and pedestrian circulation.
g. Transportation Element - Add policy to seek the reduction of the ultimate
right-of-way for Federal Highway from 120 feet to 100 feet, north of
George Bush Boulevard.
h. Housing Element - Revise "Analysis" section to update information
pertaining to historically significant housing.
1. Open Space and Recreation Element - Update "Analysis", "Conclusions"
and "Needs and Recommendations" sections to reflect updated conditions
and to be consistent with the adopted City of Delray Beach Parks and
Recreation System Master Plan.
J. Capital Improvement Element - Modify Table CI-CIP (5-Year Capital
Improvements Schedule for Projects > $25,000) to reflect adoption of the
FY 2006-2010 Capital Improvement Program.
k. Capital Improvement Element - Modification of Table SD-CIP. TIlls table
is the School District's Six Year Capital Improvement Schedule referenced
in CIP Element Policy A-8.3.
I. Public Schools Facilities Element - Updated Concurrency Map Series for
the School District (Maps PS 1.1; PS 2.1; PS 3.1; and PS 3.2).
11-15-2005
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2. Future Land Use Ml\P Amendments:
a. Future Land Use Map amendment from LD (Residential Low Density 0-5
du/ac) in part and GC (General Commercial) in part, to OS (Open Space)
for the public park within the Bexley Park Subdivision located on the east
side of Military Trail north of the L-31 Canal.
b. Future Land Use Map amendment from County CH-8 (Commercial High
with an underlying High Residential, 8 units per acre) to City GC (General
Commercial), in part, and TRN (fransitional), in part for Valero Gas
Station, Watkins Motor Lines, and Public Self Storage, Inc, located on
the west side of Military Trail, 100 feet north of Conklin Drive.
c. Future Land Use Map amendment from RDA-3 (Redevelopment Area #3)
to MD (Residential Medium Density 5-12 du/ac) for the Lee Burke
property, located on the north side of Linton Boulevard, 660 feet west of
SW 4'" Avenue.
d. Future Land Use Map amendment from RDA-3 (Redevelopment Area #3)
to MD (Residential Medium Density 5-12 du/ac) for Lintco multi-family
site, located at the northwest comer of Linton Boulevard and SW 4'"
Avenue.
e. Future Land Use Map amendment from County HR-8 (High Residential -8
du/ac) to City MD (Medium Density Residential 5-12 du/ac) for Gramercy
Square II, located on the west side of Military Trail, approximately 700 feet
south of Atlantic Avenue.
C. RESOLUTION NO. 80-05/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY IFRITZNEL BEAUFRERE AND GERTA LOMBARD: Consider
approval of contract to sell City owned property, located at 511 N.W. 2nd Street, as part
of the Carver Square Relocation Project and Contract for Sale and Purchase between
the City and Fritznel Beaufrere and Gerta Lombard in the amount of $40,000.00; and
approve Resolution No. 80-05.
D. RESOLUTION NO. 81-05/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY IREGINALD B. JONAS AND ELIZABETH TAYLOR: Consider
approval of contract to sell City owned property, located at 602 S.W. 1" Street, as part
of the Carver Square Relocation Project and Contract for Sale and Purchase between
the City and Reginald B. Jonas and Elizabeth Taylor in the amount of $40,000.00; and
approve Resolution No. 81-05.
E. RESOLUTION NO. 82-05/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY ILOUlS SAINT FORT AND JOSETTE SAINT FORT: Consider
approval of contract to sell City owned property, located at 802 S.W. 3"' Street, as part
of the Carver Square Relocation Project and Contract for Sale and Purchase between
the City and Louis Saint Fort and Josette Saint Fort in the amount of $40,000.00; and
approve Resolution No. 82-05.
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F. ORDINANCE NO. 75-05: An ordinance amending Title 13, "General Offenses", of
the Code of Ordinances, by enacting a new Chapter 136, "Sexual Offenders and Sexual
Predators", which provides that sexual predators and sexual offenders cannot reside
within 1,500 feet of a designated school, public bus stop, day care center, or park.
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. ORDINANCE NO. 79-05: Privately initiated amendment to the Land Development
Regulations Section 4.6.9, "Off-Street Parking Regulations", and Appendix "A",
"Definitions", to establish a parking fee and provide a definition for a public parking
facility and programmed public parking facility. If passed, a public hearing will be held
on December 6, 2005.
B. ORDINANCE NO. 76-05: Rezoning from County Ge/SE (General Commercial/
Special Exception) to GC (General Commercial) for a 0.96 acre parcel of land for
Valero Gas Station, located on the west side of Military Trail, 100 feet north of Conklin
Drive. If passed, a public hearing will be held on December 6, 2005.
C. ORDINANCE NO. 77-05: Rezoning from County GC/SE (General Commercial/
Special Exception) to SAD (Special Activities District) for a 4.72 acre parcel of land for
Warkins Motor Lines, located on the west side of Military Trail, 430 feet north of
Conklin Drive. If passed, a public hearing will be held on December 6, 2005.
D. ORDINANCE NO. 78-05: Rezoning from County GC/SE (General Commercial/
Special Exception) to SAD (Special Activities District) for a 3.45 acre parcel of land for
Public Self Storage, Inc, located on the west side of Military Trail, 270 feet north of
Conklin Drive. If passed, a public hearing will be held on December 6, 2005.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: NOVEMBER 11, 2005
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NOVEMBER 1. 2005
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:03 p.m., Tuesday, November 1, 2005.
1.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Rita Ellis
Commissioner Jon Levinson
Mayor Jeff Perlman
Absent - Commissioner Alberta McCarthy
Also present were - David T. Harden, City Manager
Brian Shutt, Acting City Attorney
Chevelle D. Nubin, City Clerk
Mayor Perlman stated due to Hurricane Wilma last week, the Agenda the
City Commission is working on this evening is actually the Agenda for October 25, 2005
(one week behind). Therefore, he stated if anyone is present this evening for an item that
was scheduled for the November 1st meeting that item will be scheduled on November
15th.
Mayor Perlman stated before the Invocation this evening he would like to
observe a moment of silence for the victims of Hurricane Wilma and for Civil Rights
Activist Rosa Parks. Also, Robert Williams, Jr. was a Delray Beach businessman who
owned a hair salon and was one of the victims of Hurricane Wilma in Miami.
In addition, Mayor Perlman stated he would to observe a moment of
silence for Mary Hiscock (mother of employee Sue Maloney) who passed away and
noted she was a long-time employee at the Forrest C. Lattner Foundation in Delray
Beach.
2. The opening prayer was delivered by Reverend Ron Arflin with Abbey
Delray South.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4.
AGENDA APPROVAL.
Mayor Perlman stated Presentations 7.C., Spotlil!:ht on Youth and 7.D..
Spotlil!:ht on Neil!:hborhoods will be postponed due to a request from staff.
11/01/05
Also, Proclamation 6.A., Recol!:nizinl!: and Commendinl!: the Delrav
Beach Ocean Rescue Lifel!:uard will be postponed.
Mayor Perlman stated Item 8.N., Amendment No. 2 to D & J
Enterprises. Inc. has been added to the Consent Agenda by addendum and Item 9.K,
Resolution No. 87-05 has been added to the Regular Agenda by addendum.
Mr. Levinson moved to approve the Agenda as amended, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed with a 4
to 0 vote.
5.
APPROVAL OF MINUTES:
Mr. Levinson moved to approve the Minutes of the Regular Meeting of
October 11, 2005, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes. Said motion passed with a 4 to 0 vote.
Mrs. Archer moved to approve the Special/W orkshop Meeting of October
18,2005, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said
motion passed with a 4 to 0 vote.
6.
PROCLAMATIONS:
6.A. Recol!:nizinl!: and Commendinl!: the Delrav Beach Ocean Rescue
Lifel!:uard Competition Team
Mayor Perlman read and presented a proclamation hereby recognizing and
commending the Delray Beach Ocean Rescue Lifeguard Competition Team for their
representation ofthe City of Delray Beach and offered them congratulations on ajob well
done in the United States Lifesaving Association 2005 National Competition.
6.B.
Accardi
Recol!:nizinl!: and Commendinl!: Fire-Rescue Division Chief Russell
Mayor Perlman read and presented a proclamation hereby recognizing and
commending Division Chief Russell Accardi, with the Delray Beach Fire-Rescue
Department for the outstanding work he preformed as part of the Urban Search and
Rescue Team Force 2 under unique and hazardous conditions, while overcoming
extensive physical and environmental obstacles in pursuit of Disaster Medical Assistance
Team mission goals.
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6.C.
Recol!nizinl! and Commendinl! Fire-Rescue Lieutenant Ed Crelin
Mayor Perlman read and presented a proclamation hereby recognizing and
commending Lieutenant Ed Crelin with the Delray Beach Fire-Rescue Department for
the outstanding work he performed as part of FL-DMAT Team 5 under stressful and
adverse personal conditions while overcoming many physical and environmental
obstacles in pursuit of Disaster Medical Assistance Team mission goals.
6.D.
Recol!nizinl! and Commendinl! Allen Antolic
This proclamation has been postponed until the regular meeting of
November 15, 2005.
6.E.
Familv Literacv Month - November 2005
Mayor Perlman noted a proclamation hereby proclaiming November 2005
as Delray Beach National Family Literacy Month will be mailed. Janet Meeks,
Education Coordinator, and Debra Kaiser with the Education Board, came forward to
accept the proclamation. Ms. Kaiser stated there will be a "Reading on the Avenue"
August 17, 2006.
Mayor Perlman thanked Ms. Kaiser for all her hard work.
6.F. Recol!nizinl! and Commendinl! the Center for Technolol!V, Enterprise,
and Development, Inc.
Mayor Perlman read and presented a proclamation hereby recognizing and
commending the Center for Technology, Enterprise, and Development, Inc. (TED) for
their outstanding contributions, support, and service to the community. Seabron Smith
and Nadine Hart came forward to accept the TED Center proclamation and thanked the
Commission.
6.G. National Hospice Month - November 2005
Mayor Perlman read and presented a proclamation hereby recognizing and
commending November 2005 as National Hospice Month. J.C. Stem came forward to
accept the proclamation.
7.
PRESENTATIONS:
7.A.
Special Recol!nition Award - Brittanv Smith
This presentation has been postponed.
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11/01/05
7.B. Special Recol!nition Award - Marty Ril!er
This presentation has been postponed.
7.C. "Spotlil!ht on Youth" - John Morley, President of the Delray Beach
Youth Council
This item has been postponed due to a request from staff.
7.D. "Spotlil!ht on Neil!hborhoods" - Gail-Lee McDermott, Chairman,
Neil!hborhood Advisory Council
This item has been postponed due to a request from staff.
7.E. Update on R.A.C.E. (Relationship between Authorities, Citizens. and
Experts), Samuel E. Mathis, Jr., Diversity Business Stratel!ist and Advisor
This presentation has been postponed.
7.F. Carolyn Gholston - Multi-Cultural Festival
Carolyn Gholston gave a few brief comments and thanked the
Commission for their support of the Multi-Cultural Festival held on October 9, 2005.
Ms. Gholston stated there were approximately 2,000 people in attendance and she
distributed plaques to the Commission in appreciation for their support.
8.
CONSENT AGENDA: City Manal!er Recommends Approval.
8.A. FINAL BOUNDARY PLAT APPROV ALNILLAGE AT SWINTON
SOUARE PLAT: Approve the boundary plat for the Village at Swinton Square, located
on the southwest corner ofS.W. 10th Street and Swinton Avenue.
8.B. RESOLUTION NO. 85-05: Approve Resolution No. 85-05 assessing
costs for abatement action required to remove nuisances on four (4) properties throughout
the City.
The caption of Resolution No. 85-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH,
ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LAND(S) LOCATED WITHIN THE
CITY OF DELRA Y BEACH AND PROVIDING THAT
A NOTICE OF LIEN SHALL ACCOMPANY THE
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11101105
NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING
THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTNE
DATE AND FOR A DUE DATE AND INTEREST ON
ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON
THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
(The official copy of Resolution No. 85-05 is on file in the City Clerk's
Office. )
8.C. ACCEPTANCE OF RIGHT-OF-WAY DEED/S.W. 5TH AVENUE:
Approve and accept a right-of-way deed dedicating property to the City for City right-of-
way associated with Lot 42, S.W. 5th Avenue.
8.D. GRANT AWARD/FLORIDA DEPARTMENT OF
TRANSPORTATION: Approve and accept the Florida Department of Transportation
(FDOT) Highway Safety Grant award in the amount of $41,603.00 providing partial
funding for a Driving Under the Influence (DUI) enforcement position for the Delray
Beach Police Department's DUI program.
8.E. SERVICE AUTHORIZATION NO. I8/CURRIE SOWARDS
AGUILA ARCHITECTS: Approve Service Authorization No. 18 to Currie Sowards
Aguila Architects in the amount of$147,500.00 for consulting services for the design and
construction of the proposed new Administration Building at the Environmental Services
Department (ESD) site. Funding is available from 441-5161-536-62.32 (Water/Sewer
FundlESD Building Expansion).
8.F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.L.
8.G. RESOLUTION NO. 86-05: Approve Resolution No. 86-05 recognizing
Paramedic Peter L. Firehock by naming the Fire-Rescue Training Center, located at 80
Deport Avenue, The Peter L. Firehock Public Safety Training Center.
The caption of Resolution No. 86-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
RECOGNIZING PARAMEDIC PETER L. FIREHOCK
BY NAMING THE FIRE-RESCUE TRAINING
CENTER AT 80 DEPOT AVENUE IN DELRAY
BEACH, FLORIDA, "THE PETER L. FIREHOCK
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PUBLIC SAFETY TRAINING CENTER";
PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEALER; PROVIDING AN EFFECTIVE
DATE.
(The official copy of Resolution No. 86-05 is on file in the City Clerk's
Office. )
S.H. HOUSING REHABILITATION GRANT/CONTRACT AWARDS:
Approve Housing Rehabilitation grant/contract awards through the Community
Development Division in the amount of $15,907.50 to Preston Construction (351 N.W.
4th Avenue) and $20,291.25 to South Florida Construction (147 S.W. 14th Avenue).
Funding is available from 118-1924-554-49.19 (State Housing Initiatives Partnership
(SHIP) ProgramlHousing Rehabilitation).
S.I. SUBORDINATION AGREEMENT FOR COMMUNITY
DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of
the City's second mortgage in the amount of $27,530.00 to allow the applicant to secure
new financing.
S.J. ALTERNATIVE WATER SUPPLY GRANT PROGRAM
AGREEMENT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD): Approve and accept a 2005-2006 Alternative Water Supply Funding
Program Grant Agreement in the amount of $500,000.00 with the South Florida Water
Management District (SFWMD) for the Area 2 and 3 Reclaimed Water Transmission
System Project.
S.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period October 10,2005 through October 21,2005.
S.L. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Horsepower Electric, Inc. in the amount of
$298,298.00 for the U.S. 1 and Tropic Boulevard Signalization
Project. Funding is available from 334-3162-541-65.68 (General
Construction FundlUS 1 at Tropic Boulevard).
2. Approve the purchase of 100 Citrix Licenses from CompServ in
the amount of $27,700.00 via the Florida State Contract #250-040-
99-1 to allow the Police Department to access the Criminal Justice
Network (CJNET) and Palms in-house and in-patrol vehicles.
Funding is available from 001-2113-521-66.10 (General
Fund/Software).
3. Approve a blanket purchase order, requisition number 121815,
with Boca Tire, Inc., in the amount of $30,000.00 via Florida State
Contract #863-000-03-1, for the purchase of various tires as
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needed. Funding is available from 501-3311-591-52.20 (General
Garage Fund/General Operating Supplies).
4. Approve a blanket purchase order with Otto Waste Systems, in the
amount of $149,999.00 for the purchase of garbage carts with lids
and wheels as needed. Funding is available from 433-3711-534-
49.35 (Sanitation Fund/Cart Renewal & Replacement).
5. Approve a blanket purchase order, requisition number 121395,
with Poolsure in the amount of $43,500.00 for the purchase and
delivery of Sodium Hypochlorite and Calcium Hypochlorite as
needed. Funding is available from 441-5123-536-52.21
(Water/Sewer Fund/Chemicals).
6. Purchase award to 3M Traffic Safety Systems Division in the
amount of $15,166.60 via the Osceola Board of County
Commissioners Bid #NR #05-412-TM and pricing from an
expired State Contract for the purchase of sign materials and
barricade tape materials for the City's Sign Shop. Funding is
available from 001-3141-541-52.20 (General Fund/General
Operating Supplies).
7. Purchase award to Hall-Mark Fire Apparatus/Horton Emergency
Vehicles in the amount of $203,488.06 via the Florida Sheriffs
Association, Bid #05-06-0823 for one (I) 2006 Horton Custom
Rescue Transport Vehicle for the Fire Department. Funding is
available from 501-3312-591-64.25 (Central Garage Fund/Heavy
Equipment).
S.M. CONFIRMATION/EMERGENCY RESOLUTIONS: Confirm and
ratify Emergency Resolutions B (including the revised Resolution B), D and H pursuant
to Chapter 95 of the City Code of Ordinances.
The caption of Resolution B - Hurricane Wilma is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, CONFIRMING
A DECLARATION OF A STATE OF EMERGENCY,
AND AUTHORIZING THE SETTING OF A CURFEW
AND DESIGNATING CERTAIN AREAS OFF LIMITS.
(The official copy of Resolution B is on file in the City Clerk's office.)
The caption of Resolution D - Hurricane Wilma is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, CONFIRMING
A DECLARATION OF A STATE OF EMERGENCY,
AND PROHIBITING THE SALE OF MERCHANDISE,
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11/01/05
GOODS OR SERVICES AT MORE THAN THE
AVERAGE RETAIL PRICE.
(The official copy of Resolution D is on file in the City Clerk's office.)
The caption of Resolution H - Hurricane Wilma is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, RELATING TO
EMERGENCY MANAGEMENT; CONFIRMING A
DECLARATION OF A STATE OF EMERGENCY;
AUTHORIZING EMERGENCY PURCHASING AND
PROCUREMENT PROCEDURES AND SUSPENDING
CERTAIN CITY CODES, RULES AND REGULATIONS
RELATING TO PURCHASING AND PROCUREMENT;
THIS RESOLUTION SHALL BE VALID FOR THIRTY
(30) DAYS AND AUTOMATICALLY RENEWED
EVERY THIRTY (30) DAYS UNTIL FURTHER
ACTION BY THE CITY COMMISSION.
(The official copy of Resolution H is on file in the City Clerk's office.)
S.N. AMENDMENT NO. 2ID & J ENTERPRISES. INC.: Approve
Amendment No.2 to D & J Enterprises, Inc., Debris Management Contract, Exhibit "B",
Part A, No. I to change the rate from $4.80 to $8.00 per cubic yard to bring the rates up
to the current market rate and allow the contractor to obtain subcontractors to haul the
debris.
Mr. Levinson requested that Item S.F., Chanl!e Order No.3 (Contract
Addition)!Rosso Pavinl! and Drainal!e. Inc. be moved to the Regular Agenda as Item
9.L.
Mrs. Ellis moved to approve the Consent Agenda as amended, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes;
Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4
to 0 vote.
At this point, the time being 6:39 p.m., the Commission moved to the
Regular Agenda.
9.
REGULAR AGENDA:
9.A. CONDITIONAL USE REOUEST/LIFE SKILLS CENTER: Consider
a request to allow the establishment of a charter school, Life Skills Center, within the PC
(Planned Commercial) zoning district, located within the Lake Ida Shopping Center at the
southwest corner of Lake Ida Road and Congress Avenue. (Quasi-Judicial Hearing)
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Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2005-341 into the record.
Mr. Dorling stated the conditional use request is to allow a Private Charter
School in a 6,153 square foot retail bay at the Lake Ida Shopping Plaza located at the
Southwest corner of Lake Ida Road and Congress A venue. The development will utilize
an existing 5,500 foot outdoor play area and drop off area developed for the previous
tenant (Paladin Academy School).
At its meeting of September 19, 2005, the Planning and Zoning Board
held a public hearing in conjunction with the request and no one from the public spoke.
After discussing the proposal, the Board voted unanimously (7-0) to recommend approval
with the condition that the maximum number of students on site at anyone time will not
exceed 100 and that the school has a security guard on site when the school is open
including one hour prior to class and up to a maximum of one hour after class. The
Planning and Zoning Board also recommended approval of two waivers to LDR Section
4.3.3(HHH)(3), to (I) Allow for the reduction of the minimum outdoor play area from the
required 75 square feet per student to 68.75 feet per student, and (2) allow for a reduction
in the height of the hedge on the south side of the play area from 6 feet to 2 feet to allow
for visibility from the school.
Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 N. Swinton
Avenue, Delray Beach (representing the applicant), stated they agree with the staff report
and adopt the findings specifically LDR Section 2.4.5(E)(5)(a) which states "the
conditional use will not have a significantly detrimental effect upon the stability of the
neighborhood within which it is to be located" and Section 2.4.5(E)( 5)(b) which states
"the conditional use will not hinder development or redevelopment of nearby properties".
Mr. Mankoff stated they also agree with all the conditions of approval.
Mayor Perlman stated if anyone would like to speak in favor or III
opposition of the conditional use request, to please come forward at this time.
Mr. Levinson moved to approve the Conditional Use request and
associated waivers for a Private Charter School for Life Skills Center based upon positive
findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5)
(Conditional Use Findings) of the LDR's, Section 2.4.7(B)(5)(Waivers), and the Goals,
Objectives and Policies of the Comprehensive Plan, subject to the two conditions as listed
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in the Planning and Zoning staff report, seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
9.B. CONDITIONAL USE REOUESTrrOUSSAINT L'OUVERTURE
HIGH SCHOOL FOR ARTS AND SOCIAL JUSTICE: Consider a request to allow
the establishment of a charter school, Toussaint L'Ouverture High School for Arts and
Social Justice, within the PC (Planned Commercial) zoning district, located within the
Delray Square II Shopping Center at the northeast corner of West Atlantic Avenue and
Military Trail. (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated he spoke to Diane Allerdyce and Joe Bernadel.
Mayor Perlman, Mrs. Ellis, and Mrs. Archer had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2005-361 into the record.
Mr. Dorling stated this is a conditional use request to allow a private
school (Toussaint L'Ouverture High School for Arts and Social Justice) in the PC
(Planned Commercial) zoning district.
The school is located in Delray Square located at the northeast corner of
Atlantic A venue and Military Trail. The school will occupy the northeastern most corner
of the shopping center in a 14,955 square foot bay. The student parking and drop off area
will be to the rear of the shopping plaza as will the 7,800 square foot outdoor area. The
play area will be screened with a new 8 foot high wood fence set back 2 feet from the
edge of the existing green space. The school will have no more than 100 students on
campus at anyone time. While the total enrollment will exceed 100, some students
attend classes off site at a community center, dual enrollment programs at Palm Beach
Community College, and off campus internships and work related experiences.
Toussaint L'Ouverture High School will provide high school education curriculum for
students between the ages of fifteen (15) to twenty (20) years of age. The hours of
operation are between 7:30 a.m. and 5:00 p.m. Monday through Friday. Actual school
hours are from 8:10 a.m. to 3:00 p.m. No Saturday or Sunday (weekend) hours.
At its meeting of October 17, 2005, the Planning and Zoning Board held a
public hearing regarding the conditional use request. There was no public testimony
regarding the proposed changes. After discussing the request, the Board voted 6-0 to
recommend approval of the conditional use request subject to the three conditions listed
in the Planning and Zoning staff report. Staff has discussed this with the applicant and
they agree with the conditions.
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11/01/05
Roger Cope, Cope Architects, 80 N.E. 4th Avenue, Delray Beach, stated
this project is for the relocation of Toussaint L'Ouverture High School from their current
location on 1st Avenue to this intersection at Military Trail and West Atlantic Avenue.
The relocation is due to the proposed parking garage that is slated for their site. He
thanked and commended Mr. Dorling for working so diligently to review this project in a
timely fashion. Mr. Cope stated his client agrees with all the conditions as listed.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition ofthe conditional use request, to please come forward at this time.
Mrs. Ellis asked if the green area will be adjacent to where the school will
be located. Mr. Dorling stated it is immediately to the rear of the bay the school wants to
occupy. He stated the hedge will be on three sides and the fourth side will be the wall to
the building.
Mrs. Ellis moved to approve the conditional use request for a Private
School for Toussaint L'Ouverture High School based upon positive findings with respect
to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings)
of the LDR's, and the Goals, Objectives and Policies of the Comprehensive Plan, subject
to the three conditions listed in the Planning and Zoning staff report, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer
- Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0
vote.
9.C. CONDITIONAL USE REOUEST/STH AVENUE AT DELRAY:
Consider a request to allow a building height in excess of 48' (to a maximum of 60') and
to allow a density in excess of 30 dwelling units per acre (37.30 dulac proposed) for 5th
Avenue at Delray, located on the east side of N.E. 5th Avenue (Southbound Federal
Highway), 112' north of N.E. 1st Street (131-185 N.E. 5th Avenue). (Quasi Judicial
Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated he met with Jason Mankoff and Michael Weiner.
Mayor Perlman stated he had a meeting with Jason Mankoff and Michael Weiner. Mrs.
Ellis stated she had a meeting with Jason Mankoff and Michael Weiner and Mrs. Archer
stated had a meeting with Jason Mankoff and Michael Weiner, as well.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-289 into the record.
Mr. Dorling stated the property consists of Lots 2-8 and a portion of Lot 9,
Block 107 Town of Delray Beach subdivision and contains 1.26 acres. The property
contains six structures that were constructed between 1937 and 1986. A development
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11/01/05
proposal has been submitted which involves the demolition of the existing structures and
construction of a mixed use project that contains 47 condominium dwelling units, 3,952
square feet of retail floor area, and 5,874 square feet of office floor area. The structure is
a 5-story building with a two level parking facility containing 132 spaces, located behind
the commercial uses along Federal Highway and underneath the dwelling units. The
recreational facilities consist of a clubhouse and pool on the third story adjacent to
Federal Highway. The development proposal includes an increase to the building height
from 48 feet to 57 feet and an increase of residential density above 30 dwelling units per
acre (37.30 du/ac proposed), which both require conditional use approval. The
conditional use application includes a waiver request to four (4) sections of the City's
LDR's as listed in the Planning and Zoning staff report. Mr. Dorling stated these waivers
would be considered further during the Site Plan Review and Appearance Board
(SPRAB) process.
At its meeting of September 19, 2005, the Planning and Zoning Board
held a public hearing in conjunction with the request. There were several persons that
spoke in opposition to the increase in height and density. After discussing the proposal,
the Board voted 5-2 (Borchardt and Zacks opposed) to recommend approval of the height
and density subject to six (6) conditions of approval outlined on pages 17 & 18 of the
Planning and Zoning staff report. Staff recommends approval.
Michael Weiner, Attorney with Weiner and Aronson, P.A., 102 N.
Swinton Avenue, Delray Beach (representing the applicant), stated Mr. Francisco Perez-
Azua will present the information.
Francisco Perez-Azua, Architect, gave a brief PowerPoint presentation
regarding the architecture for this project and stated 5th Avenue at Delray is a mixed use
project on Federal Highway.
Mayor Perlman stated ifthere is anyone from the public who would like to
speak in favor or in opposition of the conditional use request, to please come forward at
this time.
Jarrod Becker, 426 N.E. 7th Avenue #l-B, Delray Beach, expressed
concern over the height of these buildings and stated he refers to these buildings as "sun
blockers". He stated the buildings are looking similar to West Palm Beach.
Dwayne Springer, owner of the northeast comer of 1st and Federal
Highway (Atlantic Blinds and Flooring), stated this is a beautiful project and he would be
proud to have it next to his building.
Cecelia Boone, 239 N.E. 1st Avenue, Delray Beach (pineapple Grove),
stated she is very impressed with this project and feels this is the first project she has seen
that has complied with the new design guidelines.
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11/01/05
Deb Bennett, 137 Seabreeze Avenue, Delray Beach, stated she concurs
that this is an attractive project, but expressed concern over the big buildings blocking off
the breezes and keeping in the heat. She stated this project would be just as attractive
without the top layer.
Andy Katz, 220 S. Ocean Boulevard, Delray Beach, stated this is a very
creative design; however, he would like to see one floor less and lower density of units.
There being no one else from the public who wished to address the
Commission regarding the conditional use, the public hearing was closed.
Prior to the vote, Mayor Perlman stated the height limit in Delray Beach
effectively in limited areas is 60 feet and the conception of this project is 48 feet. He
stated the height is 48 feet and one can get 60 feet if you jump through a series of hoops
that were put into place in the 1990's. In his opinion, Mayor Perlman stated years ago,
Federal Highway was filled with prostitutes, used car lots, and virtually no investment or
economic activity in that corridor. He stated because of the innovative zoning and
planning that went on it incentivized people, to now where this is a highly desirable area
the City could end up with a project of this quality. This would not have happened if the
City had suburban densities or restrictive heights in place beyond what we already have.
Mayor Perlman stated these things were made possible because of the zoning that has
been in place in this area. He stated down the road he would like to review the
performance standards to insist on more affordability. Mayor Perlman stated you cannot
stop growth; however, you can manage it. He stated Delray Beach manages growth very
well and believes this is why there are cities from all around the country coming here to
see what Delray Beach has accomplished in terms of design guidelines and planning.
Therefore, Mayor Perlman stated he supports the project.
Mr. Levinson commended Mr. Perez-Azua for proving that the design
guidelines can work effectively. He stated this is a gorgeous project which promotes
what the community wants with amenities, retail, and parking. He stated the City has a
height limit of 60 feet.
Mrs. Ellis concurred with comments expressed by Mr. Levinson and stated
the proj ect is a beautiful design. She stated she spent many hours in the Charettes and the
design guideline process.
Mrs. Archer stated this is a gorgeous building and commended Mr. Perez-
Azua for his beautiful architecture.
Mrs. Archer moved to approve the conditional use request to allow for a
building height in excess of 48 feet, density increase to 37.30 dwelling units per acre, and
waivers for 5th Avenue at Delray, by adopting the findings of fact and law contained in
the staff report, and finding that the request is consistent with the Comprehensive Plan
and meets criteria set forth in Section 2.4.5(E)(5), 2.4.7(B)(5), 4.3.4(J)(4)(b),
4.4.13(I)[Performance Standards] and Chapter 3 of the LDR's, subject to the conditions
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11/01/05
listed in the Planning and Zoning staff report, seconded by Mr. Levinson. Upon roll call
the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:27 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 73-05: An ordinance amending Chapter 32,
"Departments, Boards, and Commissions", by enacting Sections 32.60 et seq creating a
Police Advisory Board. Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 73-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 32, "DEPARTMENTS,
BOARDS AND COMMISSIONS", BY ENACTING A
NEW SUBHEADING ENTITLED "CITY OF DELRA Y
BEACH-POLICE ADVISORY BOARD" AND
ENACTING SECTIONS 32.60 ET SEQ, CREATING A
POLICE ADVISORY BOARD; PROVIDING FOR THE
ESTABLISHMENT; PURPOSE; COMPOSITION;
APPOINTMENT; QUALIFICATIONS OF MEMBERS;
DUTIES AND RESPONSIBILITIES; AND MEETINGS
OF THE POLICE ADVISORY BOARD; PROVIDING A
SAVING CLAUSE; GENERAL REPEALER CLAUSE;
AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 73-05 is on file in the City Clerk's
office. )
Brian Shutt, Acting City Attorney, read the caption of the ordinance. A
public hearing was held having been legally advertised in compliance with the laws ofthe
State of Florida and the Charter of the City of Delray Beach, Florida.
Mrs. Ellis moved to adopt Ordinance No. 73-05 on Second and FINAL
Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said
motion passed with a 4 to 0 vote.
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11/01/05
10.B. WAIVER OF BIDDING REOUlREMENTS/BUS SHELTER
INSTALLATION: Consider approval of waiving the requirements of Section 36.02,
"Acquisition of Personal Property, Supplies, or Contractual Services", and Section 36.05,
"Bidding Procedures", of the Code of Ordinances, for the installation of bus shelters.
The City Manager stated the City went out to bid and received no bids.
Therefore, the staff would like to waive the bidding requirement and negotiate with local
contractors to find someone to do the work.
Mayor Perlman declared the public hearing. There being no one from the
public who wished to speak in favor or in opposition of the waiver, the public hearing
was closed.
Mrs. Archer stated when and if the City goes through this process how
long will it take to find someone to construct and build the bus shelters.
Dick Hasko, Director of Environmental Services, stated the bus shelters
are being prefabricated now; however, staff has to get a local contractor to actually install
the bus shelters. He stated staff was in the process of soliciting quotes when Hurricane
Wilma hit and therefore is still soliciting numbers from contractors. Mr. Hasko stated
staff expects that the anticipated cleanup and reconstruction requirements are not going to
have too much of a negative impact on the bus shelter project.
Mrs. Archer stated she is hopeful that the first bus shelter will be installed
before she leaves office in March 2006.
Mrs. Archer moved to approve the waiver of bidding requirements for the
installation of bus shelters, seconded by Mrs. Ellis. Upon roll call the Commission voted
as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:34 p.m., the Commission moved to Item
11, Comments and Inquiries on Non-Agenda Items from the City Manager and the
Public.
11.A.
City Mana2er's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
mqumes.
11.B.
From the Public.
None.
At this point, the time being 7:34 p.m., the Commission moved back to
Item 9.D. of the Regular Agenda.
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11/01/05
9.D. BID AWARD/SPECIAL PRODUCTS GROUP: Consider approval of
a bid award to second lowest bidder, Special Products Group, at an estimated annual cost
of $75,935.25 for the purchase of uniforms for the Police Department. Funding is
available from 001-2111-521-52.22 (Public Safety/Uniforms/Linen), 001-2113-521-
52.22 (Support Services/Uniforms/Linen), 001-2115-521-52.22 (Investigation/Special
Ops./ Uniforms/Linen), 001-2117-521-52.22 (District l/Uniforms/Linens), 001-2119-
521-52.22 (District 2/Uniforms/Linens), and 001-2121-521-52.22 (District 3/Uniforms/
Linens).
The City Manager stated this is a bid award for uniforms for the Police
Department and staff recommends the bid award to Special Products Group (second
lowest bidder) because the lowest bidder was not fully responsive to the bid
specifications.
Mrs. Ellis moved to approve the bid award to Special Products Group
(second lowest bidder), seconded by Mrs. Archer. Upon roll call the Commission voted
as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mrs. Ellis-
Yes. Said motion passed with a 4 to 0 vote.
9.E. AGREEMENTS/COMMUNITY CHILD CARE
CENTER/CHILDREN'S CASE MANAGEMENT ORGANIZATION: Consider
approval of the agreements between the City of Delray Beach and the Community Child
Care Center (CCCC) and the Children's Case Management Organization (CCMO) as the
non-profit providers of services at the Village Academy Beacon Center, pursuant to the
City's contract with the Children's Services Council of Palm Beach County (CSC).
Lula Butler, Director of Community Improvement, stated this item is for
Commission to consider approval of the formal agreements between the City of Delray
Beach and the Community Child Care Center (CCCC) and the Children's Case
Management Organization (CCMO) for carrying out the services at the Village Academy
Beacon Center. Approximately one month ago the Commission approved the contract
between the City of Delray Beach and the Children's Services Council of Palm Beach
County (CSC). Staff recommends approval.
Mr. Levinson stated this is basically the same amount of money the City
has had for years and the Community Child Care Center has been able to leverage that to
service a lot more people than ever before. Mrs. Butler stated there are currently 425
students in the Beacon Center and another 350 students in the Community Child Care
Center.
Mr. Levinson moved to approve the agreements between the City of
Delray Beach and the Community Child Care Center and Children's Case Management
Organization as the non-profit partners providing services at the Beacon Center at Village
Academy Elementary School, seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mrs. Ellis - Yes; Mayor
Perlman - Yes. Said motion passed with a 4 to 0 vote.
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11/01/05
9.F. OLD SCHOOL SOUARE PARKING GARAGE/CM AT RISK
CONTRACT: Consider approval of the Selection Committee's rankings of the
Proposals for the Old School Square Parking Garage CM At Risk and authorize staff to
proceed with contract negotiations with the top ranked firm, Catalfumo Construction,
Ltd.
Dick Hasko, Director of Environmental Services, stated the City had six
(6) respondents and went to the Phase II process and limited the list to three (3)
respondents. He stated staff had some very competitive presentations that the Review
Committee heard in October.
Mr. Levinson asked if there is a timeline for pre-construction services
negotiations and if there is a date set for a Guaranteed Maximum Price (GMP). Mr.
Hasko stated he would like get the pre-construction services negotiations set as quickly as
possible (at the next regular Commission meeting or as a special item at the Workshop
meeting). Mr. Hasko stated he does not have a timeline for the GMP yet.
Mr. Levinson thanked the staff committee for reviewing all the proposals.
Mr. Levinson moved to approve the Selection Committee's rankings of
the Proposals for the Old School Square Parking Garage CM At Risk and authorize staff
to proceed with contract negotiations with the top ranked firm, Catalfumo Construction,
Ltd., seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - No. Said motion
passed with a 3 to I vote, Commissioner Ellis dissenting.
9.G. FLORIDA LEAGUE OF CITIES. INC./FLORIDA CITIES OF
EXCELLENCE AWARDS BANOUET: Consider purchasing a table in the amount of
$750.00 at the Florida League of Cities' Florida Cities of Excellence Awards Banquet to
be held on November 18, 2005 in Orlando, Florida. Funding is available from 001-1111-
511-48.10 (General Fund/Commission Special Event Contingency).
Mayor Perlman stated the City Manager has been selected as a finalist for
the City Manager of the Year in the "Florida Cities of Excellence Awards" program. The
Florida League of Cities will hold an Awards Banquet on Friday, November 18, 2005 in
Orlando.
After brief discussion, it was the consensus of the Commission to purchase
two tables.
Mrs. Ellis moved to approve to purchase up to two tables at the Florida
League of Cities' Excellence Awards Banquet to be held in Orlando, Florida on
November 18, 2005, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer -
Yes. Said motion passed with a 4 to 0 vote.
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11101105
9.H. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one
(1) alternate member to the Civil Service Board for an unexpired term ending July 1,
2006. Based upon the rotation system, the appointment will be made by Mayor Perlman
(Seat #5).
Mayor Perlman stated he wished to appoint Eric Luckman as an alternate
member to the Civil Service Board for an unexpired term ending July 1, 2006. Mr.
Levinson so moved, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson-
Yes. Said motion passed with a 4 to 0 vote.
9.1. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint three (3) regular members (one member for each Zone 1, 5, & 6)
and an At Large Representative to the Neighborhood Advisory Council for two (2) year
terms ending October 31, 2007. Based upon the rotation system, the appointments will
be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3),
Commissioner McCarthy (Seat #4), and Mayor Perlman (Seat #5).
Mrs. Archer moved to appoint L'Tanya Allen as a regular member (Zone
5) to the Neighborhood Advisory Council for a two (2) year term ending October 31,
2007, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion
passed with a 4 to 0 vote.
Mr. Levinson moved to reappoint Fred Fetzer as a regular member (Zone
6) to the Neighborhood Advisory Council for a two (2) year term ending October 31,
2007, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mrs. Ellis - Yes. Said motion
passed with a 4 to 0 vote.
Ms. McCarthy's appointment has been deferred due to her absence.
Mayor Perlman stated he wished to reappoint Patricia Westall as an At
Large Representative to the Neighborhood Advisory Council for a two (2) year term
ending October 31, 2007. Mrs. Ellis so moved, seconded by Mr. Levinson. Upon roll
call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mrs.
Ellis - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
9.J. AMENDMENT/9-1-1 INTERLOCAL AGREEMENT: Consider
approval of Amendment #001 to the Interlocal Agreement between Palm Beach County
and the City of Delray Beach regarding the renewal terms of the agreement and
addressing within municipal boundaries.
Mr. Levinson moved to approve Amendment #001 to the Interlocal
Agreement between Palm Beach County and the City of Delray Beach, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0
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11/01/05
vote.
9.1(. RESOLUTION NO. 87-05: Consider approval of Resolution No. 87-05
regarding waiving the City's building regulations as it relates to temporary housing.
The caption or Resolution No. 87-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RELATING TO
EMERGENCY MANAGEMENT; CONFIRMING A
DECLARATION OF A STATE OF EMERGENCY;
AUTHORIZING THE SUSPENSION OF CERTAIN
CITY CODES, RULES AND REGULATIONS
RELATING TO TEMPORARY HOUSING; THIS
RESOLUTION SHALL BE VALID UNTIL DECEMBER
14, 2005, UNLESS EXTENDED BY THE CITY
COMMISSION.
(The official copy of Resolution No. 87-05 is on file in the City Clerk's
office. )
Mr. Levinson moved to approve Resolution No. 87-05, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0
vote.
9.L. CHANGE ORDER NO. 3 (CONTRACT ADDITION)/ROSSO
PAVING AND DRAINAGE. INC.: Approve Change Order No.3 (Contract Addition)
in the amount of $75,958.65 to Rosso Paving and Drainage, Inc. for the N.E. 4th Avenue
Project. Funding is available from 334-3162-541-65.81 (General Construction Fund/N.E.
4th Avenue), 448-5461-538-65.81 (Stormwater Utility Fund/N.E. 4th Avenue), and 442-
5178-536-63.50 (Water/Sewer Renewal and Replacement Fund/Water Mains).
Mr. Levinson stated he moved this item from the Consent Agenda because
some of the changes might have been an error by the architect/engineer or general
contractor.
Dick Hasko, Director of Environmental Services, stated most of the
additional costs are the results of omissions on the plans. Mr. Levinson stated he would
like staff to proceed on the errors and omissions and aggressively pursue some of these
funds.
Mr. Levinson moved to approve Change Order No.3 (Contract Addition)
in the amount of $75,958.65 to Rosso Paving and Drainage, Inc. for the N.E. 4th Avenue
Project with the proviso that the City of Delray Beach seeks restitution on those which
were errors and omissions, seconded by Mrs. Ellis. Upon roll call the Commission voted
as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson -
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11/01/05
Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:5Z p.m., the Commission moved to Item
12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 74-05: Rezoning from RO (Residential Office) to R-
I-A (Single Family Residential) for a 0.57 acre parcel of land for 9th Street Properties,
located at the southeast corner of N.E. Znd Avenue (Seacrest Boulevard) and N.E. 9th
Street. Ifpassed, a public hearing will be held on November 15, Z005.
The caption of Ordinance No. 74-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED RO (RESIDENTIAL OFFICE) DISTRICT TO
R-I-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT; SAID LAND BEING A PARCEL
LOCATED AT THE SOUTHEAST CORNER OF NE
ZND AVENUE (SEACREST BOULEVARD) AND NE
9TH STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP
OF DELRAY BEACH, FLORIDA, APRIL 2005";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 74-05 is on file in the City Clerk's
office. )
Brian Shutt, Acting City Attorney, read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the proposed
rezoning involves four platted lots (Lots 13 thru 16, Block lZ, Dell Park) totaling 0.57
acres. The properties contain two structures which have previously been used as medical
offices. In 1990, the subject parcels were rezoned from RM-lO (Medium Density
Residential-1O units per acre) to RO (Residential Office) to accommodate the existing
medical office use. The current property owner is proposing to build four single family
residences on the lots being rezoned. A fifth residence is proposed for Lot 12 (located
adjacent to the subject lots), which is currently zoned R-l-A (Single Family Residential).
Single family residences are allowed as a principal (permitted) use within the RO zone
district, however a minimum lot size of 8,000 square feet (80' frontage/width and 100'
depth minimum) is required within the RO zoning district.
At its meeting of September 19, Z005, the Planning and Zoning Board
held a public hearing in conjunction with the request. There was no public testimony in
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11/01/05
support of or in opposition to the proposal. After brief discussion, the Board voted 6-1
(Gary Eliopoulos dissenting) to recommend approval. Staff recommends approval.
Mr. Levinson moved to approve Ordinance No. 74-05 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer
- Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed
with a 4 to 0 vote.
12.B. ORDINANCE NO. 75-05: An ordinance amending Title 13, "General
Offenses", of the Code of Ordinances, by enacting a new Chapter 136, "Sexual Offenders
and Sexual Predators", which provides that sexual predators and sexual offenders cannot
reside within 1,500 feet of a designated school, public bus stop, day care center, or park.
Ifpassed, a public hearing will be held on November 15, 2005.
The caption of Ordinance No. 75-05 is as follows:
AN ORDINANCE OF THE CITY OF DELRA Y BEACH
AMENDING TITLE 13, "GENERAL OFFENSES", OF
THE CODE OF ORDINANCES BY ENACTING A NEW
CHAPTER 136, "SEXUAL OFFENDERS AND SEXUAL
PREDATORS"; PROVIDING FOR DEFINITIONS;
PROHffiITING SEXUAL OFFENDERS AND SEXUAL
PREDATORS CONVICTED OF CRIMES UNDER
CERTAIN FLORIDA STATUTES FROM LIVING
WITHIN 1,500 FEET OF SPECIFIED LOCATIONS
WITHIN THE CITY OF DELRA Y BEACH AND
PROVIDING FOR PENALTIES; PROVIDING A
SAVING CLAUSE; GENERAL REPEALER CLAUSE;
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 75-05 is on file in the City Clerk's
office. )
Brian Shutt, Acting City Attorney, read the caption of the ordinance. Mr.
Shutt stated this ordinance provides that sexual predators and sexual offenders cannot
reside within 1,500 feet of a designated school, public bus stop, day care center or park.
He stated Florida Statute is 1,000 feet and therefore Delray Beach is adding an extra 500
feet.
Mrs. Archer asked about the distance requirements of an adult
entertainment establishment in relation to schools and whether or not these adult
entertainment establishments will attract sexual offenders.
Mr. Dorling stated he believes that these establishments cannot be within
1,500 square feet of a school.
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11/01/05
Mr. Levinson inquired about the maps and asked if staff has looked at the
1,500 circles to make sure that the City of Delray Beach is not being overly restrictive.
Mr. Dorling stated these maps can be provided to the Commission on second reading and
it is his understanding that it does severely limit the areas. However, Mr. Dorling noted
that the City of Boynton Beach and the City of Boca Raton have a similar 1,500 foot
distance requirement. Staff has had significant inquiries in the Planning and Zoning
Department as to where people can locate in Delray Beach because currently we are not
as restrictive.
Mayor Perlman stated Delray Beach should be as restrictive as it can
constitutionally.
Mrs. Ellis moved to approve Ordinance No. 75-05 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion
passed with a 4 to 0 vote.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
13.
COMMENTS AND INOUlRIES ON NON-AGENDA ITEMS.
B.A.
City Manal!er
The City Manager stated the News for Neighborhoods and the Employee
Newsletter give an update on the hurricane. The total estimated damage for the City of
Delray Beach is $150 million of that $40 million is housing and $110 million for
businesses. He stated there are 75 signalized intersections in the city and only 12 ofthem
are currently functioning and he is very concerned with getting power back in the
downtown area. He stated between Swinton Avenue and the ocean there are 26 block
faces only 6 of them have FPL power at this point. The City Manager stated it is his
understanding that it is due to damage to the substation in Pineapple Grove and could
take approximately two more days before it is repaired. The City Manager stated Old
School Square has cancelled all their events for this week in their buildings. Lakeview
Golf Course will open on Wednesday and depending on when the power is restored will
determine when the Municipal Golf Course will reopen. The back nine is in pretty good
shape and can be opened at some point. The Tennis Center stadium will open tomorrow
from 8:00 a.m. - 5:30 p.m. with eight clay courts and four hard courts available and play
for residents will be free through Sunday. The Sandoway House Gala has been
postponed until sometime in January however we will go ahead with the Garlic Fest. He
stated the City now has power to seventy-five (75) lift stations. For City Hall, staff has
ordered a temporary air conditioning unit that should be delivered on Friday or Saturday
and it will take approximately eight weeks to get the permanent 30 ton unit back on the
roof. The new unit will cost $60,000 and the temporary unit will be $20,000 to rent for
eight weeks. Staff has completed the first debris pass on Linton Boulevard and that crew
started on West Atlantic Avenue this afternoon and with the amendment made this
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11/01/05
evening he believes the contractor will be more successful in getting additional crews to
help speed up the debris collection. Staff has collected information on all the gated
communities and staff is submitting a letter to FEMA through the state for approval to
pick those up. He stated there is a formal emergency permitting process in place in the
Building Division for types of permits that will be issued on the same day basis for
repairs. The City has three contractors signed up to install tarps and this seems to be
working well. Many of the Code Officers are assigned to the debris removal truck
monitoring process and they will be doing that until it is completed (approximately 4-6
weeks to complete the debris collection). The City Manager stated there have been 2 or 3
nights of trains coming through the FEC at night. Leadership Delray and the Residents
Academy have been cancelled both of which were scheduled for next week. The Police
Department is scaling back to a second level immobilization and will be operating at
125% of normal staffing for the next few days. The most damage to a City building was
to Fire Station No.4 and the entire roof covering blew off and the apparatus bay doors
were destroyed. The City Manager stated repairs are being worked on for this and stated
that the service is not affected in anyway.
13.B.
City Attornev
Brian Shutt, Acting City Attorney, had no comments or inquiries on non-
agenda items.
B.C.
City Commission
13.C.I.
Mrs. Archer
Mrs. Archer thanked the City Manager, staff, and the Commission for all
the hard work during such trying conditions.
She stated she was amazed at the huge devastation on West Atlantic
Avenue with all the trees across the road at the Woodlake subdivision. She is hopeful
that the Australian Pines will be now being taken care of. Also, she stated there is a large
amount of Australian Pines on the western edge of the new western community center
property.
Mrs. Archer stated she represented the City of Delray Beach at Bob
Federspiel's Memorial Service.
The City Manager stated the Australian Pines are an exotic species and
these trees will be removed from all the properties.
13.C.2.
Mrs. Ellis
Mrs. Ellis stated she had the opportunity to sit in on some of the
conference calls from the EOC Center and it was an amazing experience. She
commended the City Manager and staff for their dedication to the City. Mrs. Ellis stated
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ll/01105
the initial response from FEMA was another eye opener and suggested that when things
settle down that the City will take a look at the first response program of their own (i.e.
supply water and ice for the first 24-48 hours) and come up with something for Delray
that Delray can do. She commended the staff for being so dedicated to the community
and thanked the City Manager for his leadership and getting the City where it is.
Secondly, Mrs. Ellis stated she received a copy of the Police and
Firefighters' Fund Report and noted a few pages were missing. She expressed concern
over the consultants report and asked that the City Manager meet with her to explain the
report in greater detail.
13.C.3.
Mr. Levinson
Mr. Levinson echoed comments expressed by Mrs. Ellis regarding the
City employees for their dedication and concern. He suggested that a Workshop meeting
be held with the entire staff in January or February regarding the hurricane response
Issue.
Secondly, Mr. Levinson wished Lula Butler, Director of Community
Improvement, a Happy Birthday for tomorrow.
He commented about the debris contract and whether or not the City will
be able to compete effectively for the sub-contractors. Also, he commented about the
burning issue.
Mr. Levinson commented about the pre-authorization for the gated
communities.
He feels the News for Neighborhoods and the Employee Newsletter is
great.
Mr. Levinson thanked Mayor Perlman for addressing the media.
Mr. Levinson expressed concern over the consultants report for the Police
and Firefighters' Fund and suggested that this issue be placed on a Workshop as a
presentation.
The City Manager urged the Commission to share these concerns
regarding the Police and Firefighters' Fund with the Legislators because he feels these
Boards are not structured properly. In addition, he stated the appointments that the
Commission has to make to this Board need to be very strong people.
Mr. Levinson expressed concern that if there is some level of control that
we institute whatever needs to be done to bring them into compliance.
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11/01/05
13.C.4.
Mavor Perlman
Mayor Perlman stated he spoke to Tony Newbold today regarding the
hurricane and the City is approximately 71 % restored; there are approximately 100 issues
in the City with both major and medium seriousness. Seventy-Five (75) of them relate to
the downtown and the problem seems to be at the Linton Substation which is in
Pineapple Grove behind Creations. Mayor Perlman stated there are additional crews in
this area and this is a priority for them. Mr. Newbold stated he believes there will be
incremental progress and is hopeful that within the next two days we should be restored
particularly in the downtown area.
Secondly, Mayor Perlman commented about the State Legislature and the
U.S. Congress about mandating generators for gas stations. He stated it would be much
easier for the City of Delray Beach to pass a local ordinance in Delray Beach than to wait
for the U.S. Congress to act.
Mayor Perlman stated another thing that becomes an issue after a
hurricane is communication. He stated staff did a good job with the News for
Neighborhoods and commented that 3-5 times a day he get on as many local radio
stations as he could with whatever information he had but inevitably you miss people
who tune in looking for Delray information. He stated Boca Raton has a low power radio
station ($25,000 to buy it) and thinks this is a worthwhile investment in case of a disaster
because then there is a loop that calls can be routed through instead of so many calls
being routed through the EOC.
He commended the staff for doing a great job during the aftermath of
Hurricane Wilma and for making themselves visible at all hours.
Mayor Perlman wished Vice Mayor Levinson and Lula Butler, Director of
Community Improvement, a very "Happy Birthday".
He stated the Workforce Alliance called today and they have grants to
send people to do cleanup in parks.
He stated on November 7, 2005 at 8:00 a.m. at the Delray Beach Golf
Course Representative Adam Hasner is able to get the Small Business Administration
(SBA) to come and this is being coordinated through the Chamber of Commerce via
email and fax for businesses that need information.
Mayor Perlman stated he attended the Downtown/Small Towns event a
few weeks ago and he was on a panel. He stated a City Commissioner from Punta Gorda
approached him and they are looking at Delray Beach as a model for what they would
like to evolve into.
Brief discussion by the Commission continued regarding burying the
power lines at the major cross streets.
- 25 -
11/01105
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:42 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes ofthe Regular City Commission Meeting held
on November 1,2005, which Minutes were formally approved and adopted by the City
Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
- 26-
11/01/05
WORKSHOP MEETING
NOVEMBER 8, 2005
A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to
order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:00 p.m., on
Tuesday, November 8, 2005.
Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Rita Ellis
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent -
None
Also present were ~
David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
Mayor Perlman called the meeting to order and announced that it had been called for the purpose of
considering the following items:
WORKSHOP AGENDA
1. Presentation of the Community Survey Results - LaJ:J;y Schroeder Delray Beach Chief of Police
Dr. Richard Srnith from Diagnostics Plus was not in attendance. Chief Schroeder provided
a brief summation of the Delray Beach Police Department Survey, for October 2005. An in-
depth study will be conducted between Chief Schroeder and his Command Staff to evaluate
the full results. This survey will help the Police Department measure out-comes instead of
out-puts, and will provide a baseline to evaluate citizen opinion on how the community
views the Police Department. Chief Schroeder would like to continue this survey on an
annual basis which would include the seasonal residents and again at eighteen months for the
summer residents. Since the population in the City changes from season to season it would
provide a mix of opinions. Dr. Smith will present a proposal to Chief Schroeder referencing
the organizational priorities that his team found through this study. There was an error on
page four concerning the public view of Police Officers. Chief Schroeder passed out a
corrected sheet, which still required adjustments to the figures on the page.
Discussion followed concerning the survey. The consensus of the Commission was
favorable to proceed with the survey every eighteen months and to establish a trend in
citizen opinions. One concern was to ensure that future surveys would provide statistically
balanced opinions. A question arose whether the survey could be bencbmarked with other
municipalities in order to display a comparison of population and diversity. Chief Schroeder
stated Dr. Srnith should be able to compare the City of Delray Beach with his data from
other municipalities. By supplying the Delray Beach Police Officers with this survey, the
Officers would have the opportunity to provide input, and address needed areas of
improvement. The consensus of the Commission was approval for both the City
comparisons and Officer input ideas.
2. Review of Commission Goals/Impact from Hurricane Wilma
David T. Harden, City Manager and Richard Hasko, Director of Environmental Services
provided an overview of the impact that Hurricane Wilma had on the City's Capital
Program. The focus of concern was primarily projects which would be delayed as a result of
the storm. There were only a few items which would be delayed. The Progress Report will
be generated on a quarterly basis.
Discussion followed on the various aspects of the Progress Report. It was the consensus of
the Commission that if any project experiences difficulty for completion goals, Staff is
requested to let the Commission know right away. The Commission also shares Mayor
Perlman's sense of urgency on completion deadlines.
Mayor Perlman adjourned the Workshop Meeting at 8:08 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Workshop Meeting of the City Commission held
on Tuesday, November 8, 2005, which Minutes were formally approved and adopted by the City
Commission on
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated above,
this means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
2
November 8, 2005
WHEREAS, the City of Delray Beach has supported public access to Automatic
External Defibrillation (AED) as well as training programs to insure the effective use of these
devices for many years; and
WHEREAS, the Delray Beach Tennis Center is equipped with this type of device for
the benefit of the public, players, and staff; and
WHEREAS, on October I, 2005, at approximately 10:30 a.m., a patron at the Tennis
Center collapsed and experienced a severe cardiac emergency; and
WHEREAS, Allen Antolic, a tennis professional employed at the Tennis Center,
became aware of this event and reacted prompdy and instinctively by taking the Center's AED
device to the area where the emergency was reported and he proceeded to assess the patient's
condition and it was detennined that the use of the AED device was necessary and appropriate;
and
WHEREAS, the proper application of this device and the delivery of an electronic
shock to the victim's heart resulted in the restoration of an effective heart rhythm prior to the
arrival of Delray Beach Fire-Rescue Paramedics; and
WHEREAS, additional treatment on the scene was followed by transport to a local
hospital where advanced medical procedures were used to mitigate the cause of the cardiac event,
resulting in a long term, positive outcome.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida on behalf of the City Commission, do hereby recognize and congratulate
ALAN ANTOLIC
his quick recognttton of a medical emergency in progress; and prompt and appropriate
intervention, resulting in the saving of a life in our community; and commend the entire staff of
the Delray Beach Tenuis Center for their alertness and support of our city-wide AED Public
Access program, with this event being the second effective use of an AED device at this location
in the past three years; and
the Commission encourages other venues, locations, and facilities where the public may be
present to acquire and install these life saving devices and provide an opportunity for staff
training to leam of their proper use and application for the benefit of our residents and visitors.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal
of the City ofDelray Beach, Florida to be affixed this 15~ day of November, 2005.
JEFF PERLMAN
MAYOR
~
/.tJ/\
d<
t1P1
WHEREAS, on August 11, 12, and 13, 2005, the City of Delray Beach Parks and
Recreation Department, Ocean Rescue Division, Lifeguard Competition Team competed in the
2005 United States Lifesaving Association's National Lifesaving Championships in Virginia
Beach,\Tirginia;and
WHEREAS, forty-one teams competed from other Ocean Rescue Divisions from all
over the United States including New York, New Jersey, Illinois, Texas, North Carolina,
\Tirginia, California, and Hawaii; and
WHEREAS, the Delray Beach Ocean Rescue Competition Team participated in the
following United States Lifesaving Association National Lifeguard Competition events: 2 K
Beach Run, Beach Flags, Surf Swim, Surf Rescue, Surf Ski, Rescue Board, Surf Boat, and Land
Line Rescue; and
WHEREAS, the Delray Beach Ocean Rescue Competition Team finished eighth in
Division II, Agencies With Under toO Employees in the United States; and
WHEREAS, the involvement and achievements of the Ocean Rescue Competition Team
in the United States Lifesaving Association 2005 National Competition have generated much
civic and community pride,
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby recognize and commend
Ocean Rescue Officer Nina Mattos, EMT
Ocean Rescue OfficerJo Wagenhals, EMT
Ocean Rescue Officer James Scala, EMT
Ocean Rescue Officer Todd Rapp, EMT
Ocean Rescue Officer Mark Henkle, Paramedic - EMT
Ocean Rescue Officer Regis Smeltz, Paramedic - EMT
Ocean Rescue Officer Shaun Gibson, Paramedic - EMT
Ocean Rescue Officer Trainee - Brenden Hays
for their representation of the City of Delray Beach and offer them congratulations on a job well
done in the United States Lifesaving Association 2005 National Competition.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal
of the City of Delray Beach, Florida, to be affixed this 15'" day of November, 2005.
JEFF PERLMAN
MAYOR
LPB
WHEREAS, the South Florida Dynamics Baton Twiding Cotps is based in the City of Delray Beach
and holds their rehearsal and practice in the Community Center, and the participants proudly represent the
City of Delray Beach year round at local, state, and national events; and
WHEREAS, four age groups of twirlers (Tiny Tots, Juveniles, Juniors, and Seniors) performed in
community events such as Summer Nights on the Avenue in September, 2005; Art and J az. on the Avenue in
October, 2005; and the Delray Beach Holiday Parade every year since 1988; and
WHEREAS, the members of the South Flotida Dynamics have performed at entertainment venues
such as Disney World, Universal Studios, and two Carnival Cruises; and
WHEREAS, the Dynamics represented Delray Beach in vatious parades such as the Junior Orange
Bowl Parade, the Citrus Bowl Parade, the Macy's at Universal Studios Parade, the Boynton Beach Holiday
Parade, and the Boca Raton Holiday Parade; and
WHEREAS, the twirlers performed at athletic events such as a Miami Dolphins football game,
Orlando Magic basketball game, and college football and basketball games at the University of Central Florida
and Florida Atlantic University; and
WHEREAS, members of the South Florida Dynamics, coached by Jeanne Chwalik, have won state
tides in every age level and every Cotps and Team category at the state contest sponsored by the National
Baton Twirling Association, have been named the Outstanding Team at TwirIMania at Disney World, and
have won the prestigious:Mike Moore Outstanding Corps Award seven times; and
WHEREAS, the group has brought national honors to the City of Delray Beach by winning national
championships sponsored by all of the major twirling organizations including the National Baton Twirliog
Association, United States Twirling Association, World Twiding Association, and Drum Majorettes of
America in the years 1989, 1991, 1994, 1995, 1996, 1998, 1999,2001,2003,2004, and 2005; including the
prestigious Dynasty trophy for the Outstanding Halftime Show at the University of Notre Dame in 2004 and
the Outstanding Specialty Team at Gardner Webb University in 2005.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, on behalf of the
City Commission, do hereby proclaim the South Florida Dynamics Twirling Cotps to be
TRUE CHAMPIONS OF SUPERIOR TALENT AND EXPERT SKILLS
IN BATON TWIRLING AND
AMBASSADORS OF GOOD WILL AND SPORTSMANSHIP FOR
THE CITY OF DELRAY BEACH, FLORIDA.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of
Delray Beach, Florida to be affixed this 15'" day of November, 2005.
JEFF PERLMAN
MAYOR
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19L
Date: Nov. 8, 2005
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
_Consent Agenda ...!.-Regular Agenda _Workshop Agenda _Special Agenda
When: Nov. 15, 2005
Description of Agenda Item (who, what, where, how much): Request approval of
and Mayor's signature on a Proclamation honoring the South Florida Dynamics Baton
Twirling Corps.
Department Head
Signature:
City Attorney Review ecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes I No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: @ I No Initials: ~
Hold Until:
Agenda Coordinator Review:
Received:
PROCLAMATION
WHEREAS, the South Florida Dynamics Baton Twirling Corps is based
in the City of Delray Beach and holds their rehearsal and practice in
the Community Center, and the participants proudly represent the City
of Delray Beach year round at local, state and national events; and
WHEREAS, four age groups of twirlers (Tiny Tots, Juveniles,
Juniors and Seniors) performed in community events such as Summer
Nights on the Avenue in September, 2005, Art and Jazz on the Avenue in
October, 2005, and Delray Beach Holiday Parade every year since 1988;
and
WHEREAS, the members of the South Florida Dynamics have performed
at entertainment venues such as Disney World, Universal Studios and
two Carnival cruises; and
WHEREAS, the Dynamics represented Delray Beach in various parades
such as the Junior Orange Bowl Parade, the Ci trus Bowl Parade, the
Macy's at Universal Studios Parade, the Boynton Beach Holiday Parade
and the Boca Raton Holiday Parade; and
WHEREAS, the twirlers performed at athletic events
Miami Dolphins football game, Orlando Magic basketball
college football and basketball games at the University
Florida and Florida Atlantic University; and
such as a
game, and
of Central
WHEREAS, members of the South Florida Dynamics, coached by Jeanne
Chwalik, have won state titles in every age level and every corps and
team category at the state contest sponsored by the National Baton
Twirling Association, have been named the Outstanding Team at
TwirlMania at Disney World, have won the prestigious Mike Moore
Outstanding Corps Award seven times; and
WHEREAS, the group has brought national honors to the City of
Delray Beach by winning national championships sponsored by all of the
major twirling organizations including the National Baton Twirling
Association, United States Twirling Association, World Twirling
Association and Drum Majorettes of America in the years 1989, 1991,
1994, 1995, 1996, 1998, 1999, 2001, 2003, 2004 and 2005, including the
prestigious Dynasty trophy for the Outstanding Halftime Show at the
University of Notre Dame in 2004 and the Outstanding Speciality Team
at Gardner Webb University in 2005,
NOW, THEREFORE, I, JEFF PERLMAN, MAYOR of the City of Delray
Beach, on behalf of the City Commission, do hereby proclaim the South
Florida Dynamics Twirling Corps to be
TRUE CHAMPIONS OF SUPERIOR TALENT AND EXPERT SKILLS
IN BATON TWIRLING AND
AMBASSADORS OF GOOD WILL AND SPORTSMANSHIP FOR
THE CITY OF DELRAY BEACH, FLORIDA.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
official seal of the City of Delray Beach, Florida to be affixed this
15th day of November, 2005.
MAYOR
Jeff Perlman
~
WHEREAS, on November 19, 1897 St. Paul A.M.E. (African Methodist Episcopal)
Church in Delroy Beach was established in the packing house of Fagan and Jane Henry; and
WHEREAS, St. Paul A.M.E. Church was founded by Fagan and Jane Henry, George and
Josie Green, George and Rebecca Hanna, the Walter BelIamys, the Jesse Coles, and Richard and Eliza
Taylor; with the Elder J.L. Moore officiating and serving as the first pastor; and
WHEREAS, St. Paul A.M.E. Church is the fourth oldest Black Church in the county and
the second oldest in the City, established twelve years before Pohn Beach County was incorporated and
fourteen years before Dekay Beach was chartered as a municipality; and
WHEREAS, in 1926 two lots were secured at the present site, 119 N.W. 5" Avenue, and a
larger edifice was built with the addition of a parsonage. The hurricane of 1928 destroyed the church
and parsonage; and in 1928-1929 both were rebuilt; and
WHEREAS, St. Paul A.M.B. Church was the site of the initial interracial discussion on the
participation of Blacks in County and City Politics; and housed the first series of political candidate
forums; and
WHEREAS, in 1955 St. Paul A.M.B. Church instituted a community-wide recognition
program, which honors and recognizes citizens and organizations for outstanding community service;
and
WHEREAS, St. Paul A.M.E. Church established several ntioistries; including Membership
and Evangelism Outreach, Youth Ministry, Men's Ministry, Health and Fitness Ministry, and Teen
Pregnancy Ministry; and
WHEREAS, on November 20, 2005 St. Paul A.M.E. Church will celebrate its 108"
Anniversary.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida,
on behalf of the City Commission, and all of the citizens of Delray Beach do hereby recognize
ST. PAUL A.M.E. CHURCH
on its 1 08 Year Celebration in the City of Delroy Beach, Florida, and congratnlate their commitment to
outstanding service and support to the community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of
the City of Delray Beach, Florida, to be affised this 15" day of November, 2005.
JEFF PERLMAN
MAYOR
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MEMORANDUM
TO:
FROM:
MAYOR AND CI1Y COMMISSIONERS
nil ...1 k~U'\
CI1YMANAGER ~
AGENDA ITEM # to tJ - REGULAR MEETING OF NOVEMBER 15. 2005
ST. PAUL AME CHURCH -108TH ANNIVERSARY
SUBJECT:
DATE:
NOVEMBER 11, 2005
The agenda backup for Item 6.0, St. Paul AME Church - 108'" Anniversary, will be sent to you on
Monday, 11/14/05.
S:\City Qerk\agenda memos\CM St Paul AME Proc 111505
TO:
THRU:
FROM:
SUBJECT:
DAVlotDH~ ' CI NAGER
PAUL_ ~L1NG' ECT OF PLANNING AND ZONING
NGUYE ~ lOR LANNER
MEETI G OF NOVEMBER 15, 2005 ***CONSENT AGENDA***
ABANDONMENT OF A PORTION OF DIXIE HIGHWAY RIGHT-OF-WAY,
DIRECTLY ADJACENT TO LOT 2 AND A PORTION OF LOT 3 OF THE PLAT
OF DELRAY BEACH ESTATES, APPROXIMATELY 1,760 FEET SOUTH OF
GULF STREAM BOULEVARD.
The request involves abandoning a 20' by 162' rectangular shaped parcel, containing 3,240 square feet
(0.074 acre). The parcel represents the east 20' of the 80' Dixie Highway right-of-way, which abuts Lot
2 and a portion of Lot 3 of Delray Beach Estates. The proposed abandonment will reduce the Dixie
Highway right-of-way to 60 feet, which is the standard width for a local road and is consistent with
previous abandonments. Currently, the subject area is vacant and the City does not intend to improve
this portion of Dixie Highway right-of-way beyond 60 feet. The abandonment request was submitted by
the owner of Lots 2 & 3, Porten Russell II, LLC. A portion of Dixie Highway adjacent to Lot 4 was
previously abandoned in association with Weatherspoon Carwash development. Lots 2, 3 and 4, of
Delray Beach Estates are being replatted as North Federal Highway Replat concurrent with this
abandonment request.
The City's Environmental Services Department (ESD) has identified a sanitary sewer line located within
the subject area. ESD has no objection to the abandonment request as long as a 12' wide utility
easement is provided centered over the existing main. The City's Fire Department has reviewed the
request and has no objection to the abandonment. Florida Power and Light, Florida Public Utilities
Company, BellSouth and Adelphia Cable have also reviewed the requested abandonment and have no
objection. Additional background and a complete analysis of the request are found in the attached
Planning and Zoning Board report.
On October 17, 2005, the item was considered by the Planning and Zoning Board. Chairman Krall
opened the public hearing and no one from the public spoke. The Board voted 7-0 to recommend
approval, subject to the following condition: That a 12' wide utility easement centered over the existing
Sanitary Sewer main be provided either on the proposed plat of North Federal Highway Replat or by
retaining this easement within the Abandonment Resolution. A 12' wide utility easement has been
provided on the proposed North Federal Highway Replat.
Approve the request for the abandonment of the eastern 20' of Dixie Highway lying west of and
adjacent to Lot 2 and Lot 3 of Delray Beach Estates (less the north 40 feet thereof) by adopting the
findings of fact and law contained in the staff report, and finding that the request and approval thereof is
consistent with the City's Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the
City's Land Development Regulations.
AttaChments: Location Map, Abandonment ResoluUon, P&Z Staff Report of October 17, 2005
S:\Plannlng & Zoning\BOARDS\CITY COMMISSION\Dixie Hwy Abandonmenl.N Federalltwy Replal.doc
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-PROPOSED ABANDONMENT-
CITY OF DELRA Y BEACH, FL
PLANNING &: ZONING DEPARTMENT
THE EAST 20' OF DIXIE HIGHWAY RIGHT-OF-WAY ADJACENT TO
lOT 2 AND lOT 3 (LESS NORTH 40'), DELRAY BEACH ESTATES (PB21, PG13)
- - DIGITAL BASE MAP SYSTEM --
MAP REf: Lt.4866
RESOLUTION NO. 84-05
A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT-
OF-WAY (ROW) LYING ADJACENT TO LOT 2 AND A
PORTION OF LOT 3, DELRAY BEACH ESTATES, LOCATED
APPROXIMATELY 1,760 FEET SOUTH OF GULF STREAM
BOULEVARD, AS MORE PARTICULARLY DESCRIBED
HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of Dixie Highway Right-of-Way (ROW), lying adjacent to Lot 2 and a
portion of Lot 3, Plat of Delray Beach Estates (plat Book 21, Page 13), as more particularly
described herein; and
WHEREAS, said application for abandonment of a public right-of-way was
processed pursuant to Section 2.4.6(M), "Abandonment of Rights-Of-Way", of the Land
Development Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(M)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on October 17,
2005, and voted 7-0 to recommend approval of the abandonment, based upon positive findings with
respect to LDR Section 2.4.6(M)(5); 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 interest of the City of Delray Beach to vacate and abandon said right -of-way, based upon
positive findings pursuant to LDR Section 2.4.6(M)(5).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. That pursuant to Chapter 177.101 (5) and Chapter 166 of the Florida
Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all
right and interest it holds to the following real property for right-of-way purposes only, as more
particularly described as follows:
See Exhibit "A"
ATTEST:
PASSED AND ADOPTED ill regular sesSiOn on this the _ day of
,2005.
MAYOR
City Clerk
2
Resolution No. 84-05
Exhibit "A"
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PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
October 17, 2005
IV.G.
Abandonment ot the East 20 teet ot Old Dixie Highway Right-ot-
Way, Lying Adjacent to Lot 2 and a Portion ot Lot 3, Delray Beach
Estates, approximately 1,760 teet south ot Gult Stream Boulevard.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner.................................. General Public
AgentlApplicant.................... Porten Russell II, LLC
clo Lennie Smith
Location............................... East 20 ft. ot Old Dixie
Highway Right-ot-Way
Adjacent to Lot 2 and a
portion ot Lot 3, Delray Beach
Estates.
Property Size........................ 0.074 Acre
Existing FLUM Designation.. GC (General Commercial)
Current Zoning..................... GC (General Commercial)
Adjacent Zonings........North: GC (General Commercial)
East: GC (General Commercial)
South: GC (General Commercial)
West: R-1-A (Single Family
Residential)
Existing Land Use................ Unimproved right-ot-way.
Proposed Land Use............. Aggregation into adjacent lots
to be platted tor a tuture
development.
Water Service...................... nla with this request.
Sewer Service...................... nla with this request.
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The item before the Board is that of making a recommendation to the City
Commission on the proposed abandonment of a portion of the Dixie Highway
right-of-way, directly adjacent to Lot 2 and a portion of Lot 3 of the Plat of Defray
Beach Estates, approximately 1,760 feet south of Gulf Stream Boulevard.
This right-of-way abandonment is being processed pursuant to LDR Section
2.4.6(M), Abandonment of Rights-of-Way.
.
The subject parcel is located on the east side of Dixie Highway, approximately
1,760 feet south of Gulf Stream Boulevard. This portion of Dixie Highway was
dedicated with the recordation of the Plat of Delray Beach Estates (Plat Book 21,
Page 13, of the Public Records of Palm Beach County, Florida), in July of 1946.
Presently, the proposed abandonment area is vacant and is not being used for
access.
Dixie Highway right-of-way from Gulf Stream Boulevard, south to the north line of
parcel 708 (H & H Carpet Site) measures 80 feet in width with the exception of
Lot 18 (Jennings Commercial Building), Lots 6, 7 & 8 (Delray Cycle), Lots 13 &
14 (Tri-Ed Properties), Lot 5.1 (2300 Dixie Highway) and Lot 4 (Weatherspoon
Carwash), which due to prior abandonments have been reduced to 60 feet in
width.
If the subject area is abandoned, the Dixie Highway right-of-way will be reduced
to 60 feet, which is the standard width for a local road and consistent with
previous abandonments.
The subject area is a 20' by 162' rectangular shaped parcel, containing 3,240
square feet (0.074 acre). The parcel represents the east 20' of the 80' Dixie
Highway right-of-way, which abuts Lot 2 and a portion of Lot 3 of Delray Beach
Estates.
The abandonment request was submitted by the owner of Lots 2 & 3, Porten
Russell II, LLC. Lots 2, 3 and 4, of Delray Beach Estates are currently being
replatted as North Federal Highway Replat. Lots 2 and 3 are presently vacant
and Lot 4 contains two vacant i-story buildings and paved parking areas. Lot 4
was part of a land exchange between Weatherspoon Connection, Inc. and
Porten Russell, LLC to relocate Pineapple Grove Carwash (formerly located at
the northwest corner of N.E. 2nd Street and Pineapple Grove Way) to this site in
order to accommodate a mixed use development named City Walk. The North
Federal Highway Replat is a proposed 2-lot subdivision separated by a 60' wide
dedicated "cut-through" road between Federal Highway and Dixie Highway. The
Planning and Zoning Board Staff Report
Dixie Highway Abandonment-Lots 2 & 3, Delray Beach Estates
Page 2
northern lot will contain the relocated Weatherspoon Carwash facility and the
southern lot will be platted for a future development. As previously mentioned,
the portion of Dixie Highway adjacent to Lot 4 was previously abandoned in
association with Weatherspoon Carwash. The owner intends to aggregate the
abandonment area with the proposed southern lot of the plat of North Federal
Highway Replat.
Pursuant to LOR Section 2.4.6(M)(1), public right-of-way may be abandoned
(returned) to the adjacent property to the same degree in which it was originally
obtained (Le. property dedicated exclusively from a single parcel shall be
returned to that parcel; property dedicated through subdivision shall be divided at
the center line and returned equally to abutting parcels).
Accordingly, the Applicant is entitled to the entire abandonment area, as it was
dedicated entirely from Lot 2 and Lot 3 (less the north 40 feet), Plat of Delray
Beach Estates.
The current right"of-way width for Federal Highway adjacent to these properties
on the east is 100 feet. Since the ultimate width for Federal Highway is 120 feet,
there is a need for right-of-way dedication of 10 feet for property owners on both
sides of the roadway. Accordingly, a dedication of 10 feet along Federal
Highway has been shown on the proposed plat.
Utilitv Services
The City's Environmental Services Department has identified a sanitary sewer
line located within the subject area. Environmental Services has no objection to
the abandonment, if a 12' wide utility easement is provided centered over the
affected area. The granting of said easement is a condition of approval for this
abandonment.
The City's Fire Department has reviewed the request and has no objection to the
abandonment. Florida Power and Light, Florida Public Utilities Company,
BellSouth and Adelphia Cable have also reviewed the requested abandonment
and have no objection.
Pursuant to LOR Section 2.4.6(M)(5), prior to any right-of-way abandonment
being approved, the following findings must be made:
A) That there is not, nor will there be a need for the use of the right-of-way
for any public purpose.
Planning and Zoning Board Staff Report
Dixie Highway Abandonment-Lots 2 & 3, Delray Beach Estates
Page 3
The proposed abandonment will reduce the Dixie Highway right-of-way to 60
feet, which is the standard width for a local road and consistent with prior and
proposed adjacent abandonments. The City does not intend to improve this
right-of-way beyond 60 feet for any public purpose.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
As the subject parcel only abuts Lot 2 and a portion of Lot 3 of Delray Beach
Estates, which are owned by the applicant, this abandonment will not prevent
access to any adjacent parcels.
C) That the abandonment will not result in a detriment to the provision of
access and/or utility services to adjacent properties or the general area.
All utilities currently located in the subject area will remain as they exist. As a
condition of approval, a 12' wide utility easement, centered over the Sanitary
Sewer main, will be provided for maintenance and improvement purposes.
As previously stated, access will not be affected by this abandonment.
The development proposal is within the geographical area requiring review by the
CRA (Community Redevelopment Agency). The CRA considered this
abandonment at its October 5, 2005 meeting, and recommended approval.
The development proposal is not within a geographical area requiring review by
the HPB (Historic Preservation Board), or the DDA (Downtown Development
Authority).
Courtesy Notices:
Courtesy notices have been provided to the following:
~ Seacrest Homeowners Association
~ La Hacienda Homeowners Association
~ PROD & Presidents Council
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of
the subject property. Letters of objection or support, if any, will be provided at
the Planning and Zoning Board meeting.
As the subject right-of-way is unimproved, and there are no plans for its
improvement, its intended use is limited. In addition, this abandonment would
Planning and Zoning Board Staff Report
Dixie Highway Abandonment-Lots 2 & 3, Delray Beach Estates
Page 4
not impair the provision of utility services or access to adjacent lots. The purpose
of the abandonment is to incorporate the vacated area with the adjacent parcel to
the east to be platted for a future development. The creation of a utility
easement over the affected area will accommodate all future utility needs.
.
1. Continue with direction.
2. Move approval of the request for the abandonment of the eastern 20' of Dixie
Highway lying west of and adjacent to Lot 2 and Lot 3 of Delray Beach
Estates (less the north 40 feet thereof) by adopting the findings of fact and
law contained in the staff report, and finding that the request and approval
thereof is consistent with the Comprehensive Plan and meets criteria set forth
in Section 2.4.6(M)(5) of the LOR's with conditions.
3. Move denial of the request for abandonment by adopting the findings of fact
and law contained in the staff report, and finding that the request and
approval thereof is not consistent with the Comprehensive Plan and does not
meet criteria set forth in Section 2.4.6(M)(5) of the LOR's.
Move approval of the request for the abandonment of the eastem 20' of Dixie
Highway lying west of and adjacent to Lot 2 and Lot 3 of Delray Beach Estates
(less the north 40 feet thereof) by adopting the findings of fact and law contained
in the staff report, and finding that the request and approval thereof is consistent
with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5)
of the LOR's with the following condition:
1. That a 12' wide utility easement centered over the existing Sanitary Sewer
main be provided either on the proposed plat of North Federal Highway
Replat or by retaining this easement within the Abandonment Resolution.
Attachments:
. Location Map
. Reduced Site Survey
S:\Planning & ZoningIBOARDS\P&Z BOARDlDixie Highway Abnd-Lot 2 & 3 Delray Beach Esldoc
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER dlj
AGENDA ITEM #'3"~ - REGULAR MEETING OF NOVEMBER 15. 2005
FINAL SUBDIVISION PLAT APPROVAL/NORTH FEDERAL
HIGHWAY REPLAT
TO:
SUBJECT:
DATE:
NOVEMBER 11, 2005
Ibis is before the Commission to approve a proposed two-lot subdivision plat for North Federal
Highway, a re-plat of Lots 2, 3, and 4; and a portion of the Dixie Highway Road Right-Of-Way.
The property is located between Old Dixie Highway and Federal Highway, north of N.E. 22""
Street.
Tract "A" shown on the re-plat will be a new public street proposed to be named N.E. 23'" Street.
The new name will appear on the plat before recording.
All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for the North Federal Highway Replat.
S:\City Clcrk\agcnda memos\Final Plat Fed Hwy 111505
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
TO:
David T. Harden, City Manager
FROM:
Jill Skaggs, P.E., Asst. City Engineer:iT
November 9, 2005
DATE:
SUBJECT: North Federal Highway Replat
Agenda Request
The attached Agenda Request is for Commission approval of the North Federal
Highway Replat, a proposed two lot subdivision. This property is a replat of lots 2, 3
and 4, and a portion of the Dixie Highway Road right-of-way, Delray Beach Estates, Plat
Book 21, Page 13, Public Records of Palm Beach County, Florida, being in Section 4,
Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida.
This property is located between Old Dixie Highway and Federal Highway and north of
N.E. 22nd Street.
This is a minor subdivision, therefore, it is forwarded directly to City Commission for
final action (no other board review was necessary).
Enclosed are a location map and a reduced copy of the plat.
If this meets with your approval, please place it on the November 15, 2005 Commission
Agenda for approval.
Thanks!
enc
cc Richard Hasko, Director of Environmental Services
Randal Krejcarek, City Engineer
Nguyen Tran, Senior Planner
Garolanne Kucmerowski
TAG File
Agenda File. November 15, 2005
S:\EngAdmin\TAGINorth Federal Hwy Pfat\2005 Nov 15 agenda memo.doc
GULF STREAM
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Date: 09 November 2005
AGENDA ITEM NUMBER:~
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AGENDA REQUEST
Request to be placed on:
---X... Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 15 November 2005
Description of Agenda Item (who, what, where, how much):
Request is for Commission approval of the North Federal Highway Replat, a proposed two lot
subdivision. This property is a replat of lots 2, 3 and 4, and a portion of the Dixie Highway
Road right-of-way, Delray Beach Estates, Plat Book 21, Page 13, Public Records of Palm Beach
County, Florida, being in Section 4, Township 46 South, Range 43 East, City of Delray Beach,
Palm Beach County, Florida.
Staff Recommendation: Approval! ~ ~ fA //
Department Head Signature: (~~,~ If-~~cY
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure offunds):
Funding Available: Yes / No Initials: N.A.
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: Yes / No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\North Federal Hwy Plat\2005 Nov 15 agenda.doc
FROM:
.. ... .!.C'.''I'..'Y ""~!'!Q!PIlmNiITi!~~'.~!"i!!~!.~.!!!!!lU!.!Q!!iii.!.~!!I'!ill.!~!!'E!~'!'I'!!'!!Q'!~!
DA~ ~ DE ,CITY MANAGER
PAUL DORLlNG, 01 TOR OF PLAN~G AND ~~tl
ESTELlO BRETO, SE lOR PLANNER~_CQ.~<,- '
MEETING OF NOVEMBER 15, 2005
CITY INITIATION OF A REZONING FROM CBD-RC TO CBD FOR A PORTION OF
LOTS 9,13. AND 14 OF BLOCK 78, LOTS 15 AND 16 OF BLOCK 78 AND A PORTION
OF BLOCK 86 LOCATED ON THE EAST SIDE S.E. 2NO AVENUE, APPROXIMATELY
90' SOUTH OF SE 1ST STREET.
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The proposed rezoning includes five different parcels involving a portion of Lots 9, 13, and 14 of
Block 78, Lots 15 and 16 of Block 78 and a portion of Block 86 and is in conjunction with a privately
initiated rezoning (a portion of Lot 9, 10, 11, 12, and a portion of Lot 13 of Block 78). The privately
initiated rezoning application is for Atlantic Shores, a five-story residential building with a 64 spaces
parking garage on the ground floor and residential dwelling units on the second, third, fourth and fifth
levels (35 dwelling units in total), including a swimming pool, exercise room, library, club house, and
restrooms located on the 2nd and 3rd floor of the building. This development is seeking a conditional
use request to increase height to 60'. The overlay zones which allow this increase are limited to CBD
and not the current CBD-RC designation.
Given the sites' location along the railroad tracks and adjacent CBD areas it would appear this area
should be considered as an area where increased height could be considered. To achieve this, the
CBD-RC (Central Business District - Railway Corridor) designation could be modified to be included
in the areas allowing the increases or the area could be rezoned to CBD (Central Business District).
Given the prevailing land use patterns it appears more appropriate to modify the zoning to CBD.
Therefore, the action requested of the City Commission is initiation of a rezoning from CBD-RC
(Central Business District - Railway Corridor) to CBD (Central Business District) for the balance of
the City Block, less the privately initiated portion, which includes the following:
1. North 69.5 feet of Lot 9 Block 78, containing a total of 0.22 acres.
2. South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block 78, containing a total of 0.044 acres.
3. South 58 feet of Lot 14 Block 78, containing a total of 0.036 acres.
4. Lots 15 and 16 Block 78, containing a total of 0.304 acres.
5. All West of Railway Block 86 (less the North 25 feet of the street right-of-way), containing a total
of 0.153 acres.
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REaOMMEN[)ED~iCnON ........ . .
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Initiate a rezoning from CBD-RC (Central Business District - Railway Corridor) to CBD (Central Business
District)) for land with a total acreage of 0.757 acres as described above.
Attachment: Location Map
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FROM CBO-RC(CENTRAl BUSINESS DISTRICT. RAIL CORRIDOR) TO caD (CENTRAL BUSINESS DISTRICT)
IS3 CITY INITIATED REZONING
~ PRIVATELY INITIATED REZONING BY ATLANTIC SHORES DEVELOPMENT
~AP REf: L~882
MEMORANDUM
TO:
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER~~
AGENDA ITEM # ~b - REGULAR MEETING OF NOVEMBER 15. 2005
INTERLOCAL AGREEMENT IPALM BEACH COUNTY IDROWNING
PREVENTION COALITION
SUBJECT:
DATE:
NOVEMBER 11,2005
This is before Commission to approve an Interlocal Agreement with Pahn Beach County to provide a
Learn to Swim Program at Pompey Park and the Delray Swim and Tennis Center through the
Drowning Prevention Coalition ofPahn Beach County.
This is an excellent program that extends and makes more affordable the lesson programming already
offered through our Aquatics Division. The County will pay $25.00 per student in the form a voucher
for a minimum of six (6) swim lessons. The participant will present the voucher to the City and the
City will redeem the voucher from the County.
Recommend approval of an Interlocal Agreement with Pahn Beach County to provide a Learn to
Swim Program at Pompey Park and the Delray Swim and Tennis Center through the Drowning
Prevention Coalition ofPahn Beach County.
S:\City Clerk\CM Memos\CM Drowning Prevention 111505
[ITY DF DElRRY BER[H
DELRAY BEACH
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All-America City
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100 N.W. 1st AVENUE. DELRAY BEACH. FLORIDA 33444.561/243-7000
1993
2001
MEMORANDUM
TO:
David Harden, City Manager
FROM:
Joe Weldon, Director of Parks and Recreation
SUBJECT: Drowning Prevention Coalition of Palm Beach County
DATE:
November 3, 2005
Attached please find an agreement with the Drowning Prevention Coalition
of Palm Beach County to provide a Learn to Swim Program at Pompey Park
and Delray Swim and Tennis for all age groups.
Basically, the County will pay up to $50.00 per student in the form of a
voucher for a minimum of six (6) swim lessons. The participant will
present the voucher to participating municipalities for their lessons.
The municipality will then redeem the voucher with the County.
In our case, each voucher will be worth $25.00 since that is the cost of
our swim lessons. This is an excellent program that extends and makes
more affordable the lesson programming already offered through our
Aquatics Division. The program runs from October 1, 2005 through
September 30, 2006. Terrill Barton has reviewed the contract for legal
sufficiency.
Please place this on the November 15, 2005 agenda for City Commission
consideration.
Joe
w~
Parks and Recreation
cc:
Aquatics Operations Supervisor
Ref:dhdpcoal
@ Printed on AflCycled PaptJr
THE EFFORT ALWAYS MATTERS
INTERLOCAL AGREEMENT
FOR SWIMMING LESSONS
This Agreement is made as of the _ day of ,200_, by and between Palm Beach County,
a Political Subdivision of the State of Florida, by and through its Board of Commissioners,
hereinafter referred to as the COUNTY, and the City of Delray Beach, a Florida municipal
corporation located in Palm Beach County, Florida.(hereinafter referred to as "MUNICIPALITY").
WHEREAS, COUNTY, through its Drowning Prevention Coalition's ("DPC") Learn to
Swim Program, distributes vouchers to the public which may be redeemed for swimming lessons at
designated aquatic facilities within Palm Beach County; and
WHEREAS, the parties desire to enter into this Agreement for MUNICIPALITY to provide
swimming lessons as part of the DPC Learn to Swim Prograrn, and to define the parties'
responsibilities relating thereto.
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of
1969," authorizes local governments to make the most efficient use of their power by enabling them
to cooperate with other localities on a basis of mutual advantage and thereby to provide services and
facilities that will hannonize geographic, economic, population and other factors influencing the
needs and development of local communities.
NOW THEREFORE, in consideration of the mutual covenants and promises contained
herein, the COUNTY and the MUNICIPALITY agree as follows:
ARTICLE 1 - SERVICES
MUNICIP ALffY shall offer and provide swimming lesson classes to individuals who present
vouchers issued by the DPC Learn to Swim Program. Each class to be offered and provided shall
consist of a series of at least six swimming lessons and shall be identified in Exhibit A, attached
hereto and incorporated herein. Exhibit A shall set forth the name, type, swimming level, dates,
location, minimum participation requirements, if any, and MUNICIPALITY's usual and customary
fee for each class. MUNICIPALITY shall not charge voucher holders for any swim class for which
MUNICIPALITY's usual and customary fee is $50.00 or less. If MUNICIPALITY's usual and
customary fee for a swim class is more than $50.00, then the maximum fee that MUNICIPALITY
may charge voucher holders for said class is its usual and customary fee minus $50.00. Said classes
may be open to the public and are not restricted to voucher holders.
The swimming lesson classes shall be provided at MUNICIPALITY'S aquatic facility.
MUNICIPALITY agrees to provide and maintain its facility in a safe, clean and hygienic manner and
in accordance with all safety and health standards and all other applicable laws and regulations.
MUNICIPALITY agrees to provide and maintain in proper working order all equipment necessary to
provide and maintain the services and facility as provided herein. MUNICIPALITY represents and
1
warrants that its aquatic facility is in compliance, and shall continue to be in compliance, with
Section 514.031, Florida Statutes, all applicable rules and requirements of the State and County
Health Departments, and all other applicable laws, rules and regulations. Prior to execution of this
Agreement, MUNICIPALITY must provide to COUNTY copies ofthe facility's current operating
permit and most current inspection report, which must evidence a satisfactory inspection.
MUNICIPALITY shall perform the services set forth herein in accordance with all applicable
laws, rules and regulations, and in a competent, professional, safe and responsible manner with full
regard for the safety of the participants. MUNICIPALITY agrees and warrants that all swimming
instructors utilized by MUNICIPAlITY to provide lessons hereunder shall be certified as required
by Section 514.071, Florida Statutes, and any other applicable laws, rules and regulations.
MUNICIPALITY shall provide proof of such certifications to COUNTY'S representative upon
request. MUNICIPALITY represents and warrants that it has in place, and shall continue to
maintain, a drug-free workplace policy.
ARTICLE 2 - COMMENCEMENT AND TERM
This Agreement shall commence on October 1, 2005 and shall remain in effect until September 30,
2006.
ARTICLE 3 - PAYMENTS TO MUNICIPALITY
A. For swimming classes provided by MUNICIPAlITY in exchange for DPC Learn to Swim
Program vouchers, COUNTY shall pay MUNICIPAlITY its usual and customary fee per
class as set forth in Exhibit A hereto, up to a maximum of $50.00 per class series provided
to a voucher holder. As provided in Resolution No. R-2005-1906, the total payments to all
swimming lesson providers utilized in the DPC Learn to Swim Program for each fiscal year
shall not exceed the amount budgeted by COUNTY for this purpose for said fiscal year.
B. MUNICIPAlITY shall invoice COUNTY monthly based on the number of swimming lesson
classes provided hereunder. Invoices shall include a list of the names and contact
information of students to whom lessons were actually provided, the name, dates, and times
of the classes provided, and any other documentation deemed necessary by COUNTY to
verify that services have been rendered in conformity with this Agreement and any applicable
DPC Learn to Swim Program criteria, policies and procedures.
ARTICLE 4 - TERMINATION
The COUNTY may terminate this Agreement at any time upon written notice to the
MUNICIPAlITY with or without cause and without penalty, damages or recourse against
COUNTY. MUNICIPAlITY may terminate this Agreement upon thirty days (30) days' prior written
notice to the COUNTY.
2
ARTICLE 5 - PERSONNEL
The MUNICIPALITY represents that it has, or will secure at its own expense, all necessary
personnel required to perform the services under this Agreement. Such personnel shall not be
employees of or have any contractual relationship with the COUNTY.
All of the services required hereunder shall be performed by the MUNICIPALITY or under its
supervision, and all personnel engaged in performing the services shall be fully qualified and, if
required, authorized and permitted under state and local law to perform such services.
The MUNICIPALITY warrants that all services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 6 - SUBCONTRACTING
MUNICIPALITY may not, without written approval of COUNTY, subcontract any rights,
responsibilities or obligations under this Agreement.
ARTICLE 7 - AVAILABILITY OF FUNDS
The COUNTY'S performance under this Agreement for subsequent fiscal years is contingent upon
annual appropriations for its purpose by the Board of County Commissioners and subject to the
provisions of Palm Beach County Resolution No. R-2005-1906. The MUNICIPALITY'S
performance under this Agreement for subsequent fiscal years is contingent upon annual
appropriations for its purpose by its governing body.
ARTICLE 8 - INSURANCE
Without waiving the right to sovereign immunity as provided by s.768.28fs., MUNICIPALITY
acknowledges to be self-insured for General Liability and Automobile Liability under Florida
sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per
Occurrence; or such monetary waiver limits that may change and be set forth by the legislature.
In the event MUNICIPALITY maintains third-party Commercial General Liability and Business
Auto Liability in lieu of exclusive reliance of self-insurance under s.768.28fs, MUNICIPALITY
shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit
for bodily injury or property damage.
MUNICIPALITY agrees to maintain or to be self-insured for Worker's Compensation & Employer's
Liability insurance in accordance with Chapter 440, Florida Statutes.
When requested, MUNICIPALITY shall agree to provide an affidavit or Certificate of Insurance
3
evidencing insurance, self-insurance and/or sovereign immunity status, which COUNTY agrees to
recognize as acceptable for the above mentioned coverages.
Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and
obligations under this Agreement.
ARTICLE 9 - INDEMNIFICATION
Each party shall be liable for its own actions and negligence and, to the extent permitted by law,
COUNTY shall indemnify, defend and hold harmless MUNICIPALITY against any actions, claims
or damages arising out of COUNTY'S negligence in connection with this Agreement, and
MUNICIPALITY shall indemnify, defend and hold harmless COUNTY against any actions, claims,
or damages arising out of MUNICIPALITY'S negligence in connection with this Agreement. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set
forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by
either party to indemnify the other party for such other party's negligent, willful or intentional acts or
omissions.
ARTICLE 10 - SUCCESSORS AND ASSIGNS
Neither party shall assign, delegate or otherwise transfer its rights and obligations as set forth in this
Agreement to any other entity without the prior written consent of the other party.
ARTICLE 11 - REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to
enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any
party is intended to be exclusive of any other remedy, and each and every such remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any
right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision
of this Agreement is intended to, or shall be construed to, create any third-party beneficiary or to
provide any rights to any person or entity not a party to this Agreement.
ARTICLE 12 . CONFLICT OF INTEREST
The MUNICIPALITY represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of services required
hereunder, as provided for in Chapter 112, Part Ill, Florida Statutes. The MUNICIPALITY further
represents that no person having any such conflict of interest shall be employed for said performance
of services.
4
The MUNICIPALITY shall promptly notify the COUNTY's representative, in writing, by certified
mail, of all potential conflicts of interest of any prospective business association, interest or other
circumstance which may influence or appear to influence the MUNICIPALITY'S judgment or
quality of services being provided hereunder. Such written notification shall identify the prospective
business association, interest or circumstance, the nature of work that the MUNICIPALITY may
undertake and request an opinion of the COUNTY as to whether the association, interest or
circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into
by the MUNICIPALITY. The COUNTY agrees to notify the MUNICIPALITY of its opinion by
. certified mail within thirty (30) days of receipt of notification by the MUNICIPALITY. If, in the
opinion of the COUNTY, the prospective business association, interest or circumstance would not
constitute a conflict of interest by the MUNICIPALITY, the COUNTY shall so state in the
notification and the MUNICIPALITY shall, at its option, enter into said association, interest or
circumstance and it shall be deemed not in conflict of interest with respect to services provided to the
COUNTY by the MUNICIPALITY under the terms of this Agreement.
ARTICLE 13 - EXCUSABLE DELAYS
MUNICIPALITY shall not be considered in default by reason of any failure in performance if such
failure arises out of causes reasonably beyond the control of MUNICIPALITY or its subcontractors
and without their fault or negligence. Such causes include, but are not limited to, acts of God, force
majeure, natural or public health emergencies, labor disputes, freight embargoes, and abnormally
severe and unusual weather conditions.
Upon MUNICIPALITY'S request, the COUNTY shall consider the facts and extent of any failure to
perform the work and, if the MUNICIPALITY'S failure to perform was without its or its
subcontractors fault or negligence, the Agreement schedule and/or any other affected provision of
this Agreement shall be revised accordingly, subject to the COUNTY'S rights to change, terminate,
or stop any or all of the work at any time.
ARTICLE 14 - ARREARS
The MUNICIPALITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. The
MUNICIPALITY further warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms of this Agreement.
ARTICLE IS-PUBLIC RECORDS
The MUNICIPALITY shall comply with Florida's Public Records Law with regard to any
documents or other records relating to this Agreement.
ARTICLE 16 - INDEPENDENT CONTRACTOR RELA TIONSlDP
The MUNICIPALITY is, and shall be, in the performance of all work services and activities under
5
this Agreement, an Independent Contractor, and not an employee, agent, or servant of the COUNTY.
All persons engaged in any of the work or services performed pursuant to this Agreement shall at all
times, and in all places, be subject to the MUNICIPAlITY'S sole direction, supervision, and
control. The MUNICIPALITY shall exercise control over the means and manner in which it and its
employees perform the work, and in all respects the MUNICIPAlITY'S relationship and the
relationship of its employees to the COUNTY shall be that of an Independent Contractor and not as
employees or agents of the COUNTY.
The MUNICIPAlITY does not have the power or authority to bind the COUNTY in any promise,
agreement or representation.
ARTICLE 17 - CONTINGENT FEES
The MUNICIPAlITY warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the MUNICIPAlITY to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for the MUNlCIP AlITY, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or making
of this Agreement.
ARTICLE 18 - ACCESS AND AUDITS
The MUNICIPAlITY shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing the work for at least three (3) years after completion or
termination of this Agreement. The COUNTY shall have access to such books, records, and
documents as required in this section for the purpose of inspection or audit during normal business
hours, at the MUNICIPAlITY'S place of business.
ARTICLE 19 - NONDISCRIMINATION
The MUNICIPALITY warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin, ancestry,
marital status, or sexual orientation.
ARTICLE 20 - AUTHORITY TO PRACTICE
The MUNICIPALITY hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to conduct its business, and that it will at all times conduct its
business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to
the COUNTY's representative upon request.
ARTICLE 21 - SEVERABILITY
If any term or provision of this Agreement, or the application thereof to any person or circumstances
6
shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the
application of such terms or provision, to persons or circumstances other than those as to which it is
held invalid or unenforceable, shall not be affected, and every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 22- PUBLIC ENTITY CRIMES
As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in
furtherance hereof, the MUNICIPALITY certifies that it, its affiliates, suppliers, subcontractors and
contractors who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a).
ARTICLE 23 - SURVIVABILITY
Any covenant, agreement, representation, warranty or other provision of this Agreement that is of a
continuing nature or which by its language or its nature imposes an obligation that extends beyond
the term of this Agreement, including but not limited to representations relating to indemnification
and the disclosure or ownership of documents, shall survive the expiration or early termination of
this Agreement and the consummation of the transactions contemplated hereunder.
ARTICLE 24 - NOTICE
All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand
delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall
be addressed to:
Palm Beach County Fire-Rescue
50 South Military Trail, Suite 101
West Palm Beach, FL 33415
Attn: Fire-Rescue Administrator
If sent to the MUNICIPALITY, notices shall be addressed to:
City of Delray Beach
Aquatics Operations
1101 NW 2nd Street
Delray Beach, FL 33444
Attn: David Woodard, Aquatics Operations Supervisor
7
ARTICLE 25 - FILING
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach
County.
ARTICLE 26 - ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the MUNICIPALITY agree that this Agreement sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated herein.
None of the provisions, terms and conditions contained in this Agreement may be added to,
modified, superseded or otherwise altered unless agreed to in writing by both parties. This
Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns
and successors in interest.
IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and
executed this Agreement on behalf of the COUNTY, and MUNICIPALITY has hereunto set its hand the day and
year above written.
WITNESS
PALM BEACH COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY COMMISSIONERS
Signature
By:
Herman W. Brice, Fire-Rescue Administrator,
through Robert Weisman, County Administrator
Name (type or Print)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
APPROVED AS TO TERMS
AND CONDITIONS
By
By
County Attorney
Fire-Rescue
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
City Clerk
By:
Jeff Perlman, Mayor
By:
APPROVEDASTOFORMAND
LEGAL SUFFICIEN Y
BY:~
-f\s,s-t.City Attorney
8
EXHIBIT" A"
Parent/Tot Discovery Swim Lessons
Ages: 8 months to 3 years old
Dates: 3 week sessions beginning September 5, 2005;
also offered on demand
Dates: Mondays and Wednesdays
Time: 10:00 AM and 3:00 PM
Cost: $25 per session for residents; $35 per session for
non-residents (minimum of 6 participants)
Location: Pompey Park Pool
Days:
Time:
Cost:
to Swim
4 - 15 years
3 week sessions beginning September 5, 2005;
also offered on demand
Monday through Thursday
3:00 PM and 4:00 PM
$25 per session for residents; $35 per session for
non-residents
Location: Pompey Park Pool
Youth Learn
Ages:
Da tes:
Location:
Swim
16 years and older
3 week sessions beginning September 5, 2005;
also offered on demand
Monday through Thursday
10:00 AM and 5:00 PM
~25 per session for residents; $35 per session for
non-residents
Pompey Park Pool
Adult Learn to
Ages:
Dates:
Days:
Time:
Cost:
American Red
Ages:
Dates:
Cost:
Cross Lifeguard Training
15 years and older
TBA. Please call at (561) 243-7358.
$150 for 32 hour course for residents;
hour course for non-residents (minimum
Course includes books, pocket CPR mask
certificate.
Location: Pompey Park Pool
$180 for 32
of 6 participants)
and lifeguard
Adaptive Aquatics for Special Needs
Ages: 5 years old and older
Dates: TBA. Please call at (561)
Cost: $50 per 3 week session for
session for non-residents.
available.
Location: Pompey Park Pool
243-7358.
residents; $60 per 3 week
Showers, chairs and lifts
The Aquatics Division reserves the right to cancel classes due to
inclement weather. Classes may also be offered at Delray Swim & Tennis Center.
9
Date:
Nov. 3, 2005
AGENDA ITEM NUMBER:
~
AGENDA REQUEST
Request to be placed on:
_Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda
When: November 15, 2005
Description of Agenda Item (who, what, where, how much): Request approval
of, and Mayor's signature on, an agreement with the Drowning Prevention Coalition
of Palm Beach County wherein the County will pay $25 per student in the form o.f a
voucher for a minimum of .6 swim lessons. When these vouchers are presented, the
City will redeem them from the County.
Department Head
Signature:
City Attorney Revi !Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes 1 No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: @I No Initials:
Hold Until:
t1JV/
Agenda Coordinator Review:
Received:
MEMORANDUM
TO:
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER t~
\
SUBJECT:
AGENDA ITEM # "61::- REGULAR MEETING OF NOVEMBER 15. 2005
RATIFICATION TO THE NEIGHBORHOOD ADVISORY COUNCIL
DATE:
NOVEMBER 11,2005
Please be advised that the appointment memorandum dated October 14, 2005, as well as, Item #9.1
on the Regular Agenda of the City Commission meeting dated November 1, 2005, states that the
new Board members appointed to the Neighborhood Advisory Council will serve two (2) year terms
ending on October 31, 2007. All newly appointed Board members should serve a three (3) year
term as per Section 32.46 in the City of Delray Beach Code of Ordinances. Please ratify the
appointments previously made at the City Commission meeting held on November 1, 2005, to
clarify that the terms to be served will be for three (3) years.
MEMORANDUM
TO:
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER M
i
AGENDA ITEM # ~~. - REGULAR MEETING OF NOVEMBER 15. 2005
CHANGE ORDER NO. 2/FINAL PAYMENT /CHAZ EOUlPMENT
COMPANY. INC.
SUBJECT:
DATE:
NOVEMBER 11,2005
TIlls is before the Commission to approve Change Order No.2 in the amount of a $57,281.22
decrease and final payment in the amount of $34,916.13 to Chaz Equipment Company Inc. for
completion of the Area 1 Reclaimed Water System Project.
TIlls change order liquidates the project's residual funds after rnisceUaneous quantity adjustments.
Residual funds to be liquidated from P.O. #624853, Account 441-5181-536-65.96. AU changes for
the project are iternized on the attached Schedule A.
Funding is available from 441-5181-536-65.96 (Water & Sewer/Reclaimed Water Transrnission).
Recommend approval of Change Order No.2 in the amount of a $57,281.22 decrease and final
payment in the amount of $34,916.13 to Chaz Equipment Company Inc. for the completion of the
Area 1 Reclaimed Water System Project.
S:/City Clerk/agenda cover memos/CO 2 Chaz Area 1 R~'Claimed 111505
City Of Delray Beach
Department of Environmental Services
M
E
M
o
R
A
N
D
u
M
www.mydelraybeachcom
TO:
FROM: VICTOR MAJTEN
SUBJECT: AREA 1 RECLAIMED WATER SYSTEM, (PIN 2004-020.1)
Agenda Request; Change Order #2/Final, Final Payment
DATE: NOVEMBER 8, 2005
Attached is an Agenda Request for City Commission to approve closeout Change Order #2/Final in the net
deduct amount of $57,281.22, and final payment in the amount of$34,916.13, to Chaz Equipment Co., Inc.
for completion of the Area I Reclaimed Water System project (PN 2004-020.1). This change order
liquidates the project's residual funds after miscellaneous quantity adjustments. All changes for the
project are itemized on the attached Schedule A to Change Order #2, Final.
Change Order #1 in the amount of $73,035.00 was approved on June 21, 2005 for the construction of
approximately 300 LF of water main upgrades at Sandoway Lane.
The project is complete and all warranty documentation received. Staff recommends the City Commission
approve Change Order #2/Final in the deduct amount of ($57,281.22) and final payment in the amount
of $34,916.13 to Chaz Equipment Co., Inc. for the completion of Area I Reclaimed Water System
project. A Contractor Evaluation is attached.
Residual funds to be liquidated from P.O.# 624853, account 441-5181-536-65.96, Water and Sewer Fundi
Reclaimed Water Transmission.
cc: Richard Hasko; Director of ESO
Dan Beatty; Dep. Director of Public Utilities, ESO
Rafael Ballestero; Dep. Director of Construction, ESO
City Clerk's Office
Agenda File 11/15/05
File 2004-020.1 (A)
S:\EngAdmin\Projects\2004\2004-020.1\CONSTRC1\Agd mem C0#2 Fin Chaz 11.15.0S.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO.
PROJECT TITLE:
2 / Final
PROJECT NO. 04-020.1
DATE:
Area 1 Reclaimed Water System
TO CONTRACTOR: Chaz Equipment Co., Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THlS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Final plus/minus quantity adjustments to the project per attached "Schedule A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THlS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PERCENT DECREASE THIS CHANGE ORDER 3.31%
TOTAL PER CENT INCREASE TO DATE 0.91 %
$1,730,052.50
$73.035.00
$1,803,087.50
($57.281.22)
$1,745,806.28
CERTIFIED STATEMENT: I hereby certifY that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Chaz Equipment Co., Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from accounts: 441-5181-536-65.96 (-$57,281.22).
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
S:\EngAdmin\Projects\2004\2004-020.1\CONSTRCT\C0#2 Final Chaz Il.15.05.doc
CITY OF DELRA Y BEACH
Area 1 Reclaimed Water System
PROJECT No. 2004-020 BID No. 2004.048
SCHEDULE A
CHANGE ORDER 2/FINAL
Chaz Equipment Company Inc.
Contract to Date
Contract Award
Unih Est. Price Bid Total
LS 1 $35,000.00 $35,000.00
LS ~_ _~:~~_:~~ ______~,~O?,O~
LS 1 I $74,000.00 $74,000.00
LS 1 $6,000.00 $6,000.00
~.--~T-H'-- . _2.~~.5. $~~~:~~) ____ $264,3~~:~~
I LF 4,700 i $155.00 $728,500.00
i LS 1 $135,000.00 -$135,OOO~00'
! LS 1 $105,000.00 $105,000.00
t-----r=s ~---- -$IO's-;Gcio:oo- $105,000,00
i EA 1 $700.00 $700.00
EA 3 $950.00 ---- - S2,850,00- -.
I EA 1 $1,525.00 j. ..." ._....~.1~?25.00
EA 1 $4,000.00 $4,000.00
EA 3 $6,000.00 $18,000.00
I EA 5 $11,000.00 --- '--$5-5;000:00-
EA 3 $5,00~:~ $15,000.00
LS .___ 1 $4,000.00 $4,000.00
LS I $4,000.00 $4,000,00
LS I $4,000.00 $4,000.00
LS 1 $12,350.00 $12,350.00
LS 1 _. $30,000.00 $30,000.00-
EA 4 $1,000.00 $4,000.00
LF 925 $4.50 $4,162.50
LS 1 $2,000.00 $2,000.00
LF 225,__ $30.00 $6,750.00
SF 3,340 $4.50 $15,030.00
LF 20 $30.00 $600.00
LS 1 $2,500.00 $2,500.00
LS 1 $9,900.00 $9,900.00
LS 0 $300.00 $0.00
..--..
LS 1 ____ ~.~:~?~~O $9,600.00
__ ___~~ _ 1 $2,500.00 $2,500.00 _~_.
LS 1 $4,000.00 $4,000.00
LS 1 $750.00 $750.00
LS ] $50,000.00 : $50,000.00--
LS 1 $5;OOO:Oot $5,000.00
LS ] $10.00 $10.00
Item II Descri !ion
_____~ Site Mobilization/Demobilization
2 ____ ~a,in~~n_!J~~_ofIr~~_~__
3 Clearina and Grubbina
4 As-Buitt Record Drawinns
5 24" CL 350 DIP RWM
D~d-uct k;"Ci'S1-"[)"IP' in'li~~"'~i-350 PiDe
.__ 6__ 30" CL 350 DIP RWM
7 Jack and Bore
8 __ ~9":'_.B...VY~_1!iD~~SDH_11-DIPS) Directional Drill
9 ~_q': _~_~MJI:LD.P_!:_~D~.1_1-pIP~lPl~ction.!LQ~~____
] 0 6" Gate Valve
__11 8" Gate Valve
12 10" Gate Valve
13-
18:'~U_tt~~Y Yal-,,~__
] 4 __ 2-r~.fuItterfly Valve
] 5 30" BU_l:t_erfl), Val"e
]6 A-ir R~le;~~ Valv~-&-Vault--
17 .f2.l!rl~.J.Q.. ExisJ~24" DIP RWM (Sta. 18+16; C_-1J ___
]8 q9_flrl~ to Exis~ 24" DIP RWM (Own, C-2\- -
19 c;q~~~J~~~_~t 2~:'pIP RWM (Sta. _1_9+69;..~:~L_
." 20 ,Bo~Culvert C_rossing(D~t~iL!:~()~J?_~~
21 :?4",_~~9__C~__?_~_I3WM Headwall Crossi~;(l-32)
__~~ ____~c;:ut &_f'!!!9__~~~sti~9__~~~~_ ~_~jr:'5:_
_ _ 23.I~El,rT1.~vEl,ExiS~i~gf!=lrCeMains
24 ; Raise Existing Irrigation Piping (Sta. 32~95;_~~L_
.. _ 2_~__-l9..P~11__C_~t..pavement Renair
26 i Concrete Drive Apron
--27--!Si-d-e~aikR~p~i~-" -. -------
~_ I Rest~~.E~~I!!~_~J_ ~<l.~Ki!!g.!JM_ Signage
~ Meter Installed in Existing Meter Vault
Touch read..B!d and .....ire for 8" 3500
30 : Flow Control Vat~e Instali~di;;E;i'st. Meter Vault
~-~i--i 24;;'RC'P'Outt~tl (D~9'.-C~20)
32 _ j~'-~':__C;:C?'!tr<?I,~.i~~,,&_ ~W_"Drain Line
_/_3__--1Yide.Qt-lIowance --~------------ --. .---
_]~. __ ~y~~~Ji!lE!!d-~~~er9!.()lmclJ\1I0\,V,~nce------ ____
35 _j,,~.:~~_cj5:_~pj~II.~<l~QE!___________
--~~r-cj~-tl1-~if~~-~()-~---..--.------- -~----- -
Total Contract A ward
I
.1
$1,730,052.50
Act.
I
I
------
I
1_
2,195
2,195 :
4,663
"....---
I
I
I
I
3
I
I
3
4
3
I
I
I
I
I
4
925
I
---,
247
3,108.25
20
o
I
I
I
I
I
2
o
I
I
Price Bid
$35,000.00
$9,000.00
$74,000.00
$6,000.00
---~...---_...
$109.00
($1.93)
$155.00
$135,000,00
$105,000.00
I $105,000.00
$700.00
$950,00
...-
$1,525.00
$4,000,00
$6,000.00
$11,000,00
$5,000.00
$4,000,00
$4,000.00
$4,000.00
$12,350.00
$30,000.00
$1,000.00
$4.50
$2,000.00
$30.00
$4.50
$30.00
$2,500.00
$9,900.00
$300.00
$9,600.00
-
$2,500.00
$4,000.00
$750.00
$50,000.00
$5,000.00
$10.00
Total
$35,000.00
$9,000.00
$74,000,00
$6,000.00
$239,255.00
($4.236.35)
$722,765.00
$135,000.00
$105,000.00
$105,000.00
--
$700.00
$2,850.00
...----.
$1,525,00
$4,000.00
$18,000.00
$44,000.00
$15,000.00
$4,000.00
$4,000.00
$4,000.00
$12,350.00
$30,000.00
$4,000.00
$4,162.50
$2,000.00
$7,410.00
$13,987.13
$600.00
____u.
$0.00
$9,900.00
$300.00
$9,600.00
$2,500.00
$4,000.00
$1,500.00
$0.00
$5,000.00
$10.00
$1,632,178.28
Difference
$0.00
----SO.OO
$0.00
._on. ----Soffi)
($25,070.00)
($4.236.35)
($5.735.00)
$0.00
$0.00
"$0.00
$0.00
$0.00
..~~
$0.00
$0.00
($11~ooo:6i,
$0.00
--~. -~$O.OO
$0.00
- -- --$0:00
$0.00
$0.00
$0.00
$O,~~
$0.00
$660.00
($1,042.88)
----...---so:oQ
($2,500.00)
$0.00
$300.00
$0,00
$0.00
$0.00
$750.00
($50,000,00)
$0.00
$0.00
$0.00
($97,874,23)
. Undefined Undernround Allowance
34.1 ~oj~<:~.~,i9.!!~,. I LS 0 $450,00 $0.00 6 i $450.00 ! $2,700.00 $2,700.00
---'34~2 ...- ... --
.B.~m<?~~I!!!l,t~I~~I:::!r:!9_~"~t1antic HS ! LS 0 i $7,658.00 $0.00 I 1 $7,658.00 L $7,658,00 $7,658.00
34.3 ~!a_k~_~~.~~_~!l!!!. for fence line , LS 0 $467.50 $0.00 I 1 $467.50 I $467.50 $467.50
34.4 . LS 0 .. $605,00 $0,00 I $605,00 $605.00 $605.00
T~~!!!!9_L~b services; dated 4/05
34.5 Testina Lab services; dated 5/05 LS 0 $465,00 $0.00 I ----- $465,00 $465,00
$465.00
34,6 ---- .- -- -----mo:oo
Testing Lab servi~_s.;._(j~~~_~'-9_!) LS 0 $310.00 $0.00 I $310.00 $310.00
u .- ....."..---.. uo
_;4,~_ Testing, Lab services;__datecj7/05_ I LS 0 $390.00 $0.00 I $390.00 $390.00 $390.00
.--"" -- --- ------ --". --
____34,~ ,,~~~dit~~~I.~i~-;;~;~fOf-~_[~~~_S~hOOI $0.00
LS-- ------ . -----,,-
___ _ _--4M~~~~L!i~!!c:____ ______ 0 $400.00 $0.00 I $400.00 $400.00 $400.00
.- -LIi..' . -.
____-fB:emove existing sidewalk 0 $7.50 $0.00 235 $7.50 $1,762.50 $1,762.50
--- - ---- -~-- . .-.--...
____._.L~~_~sl~_E!!'?!~lk_ins~I~~ti.C?!1._____ LF 0 $30.00 $0.00 435 $30.00 $13,050.00 $13,050.00
....-"' --...
S:\EngAdmin\Projects\2004\2004-020\BUDGET\Chaz Area 1 quantities.xls
Page 1 of 2
CITY OF DELRA Y BEACH
Area 1 Reclaimed Water System
PROJECT No. 2004-020 BID No. 2004-048
SCHEDULE A
CHANGE ORDER 2/FINAL
Contract A ward Contract to Date
Item # Descri tion Units Est. ow. I PriceOid -T Total Act.Otv. PriceOid Total Difference
~odding Repla~ment . __ SY 0 I $5.00, $0.00 650 $5.00 $3,250.00 $3,250.00
-- --..- --
34,9 Additional soddino as directed bv City --- SY 0 $5,00 I $0.00 2,715 $5.00 $13:575.00 $13,575.00
I
Total Changes SO.OO 544,633.00 $44,633,00
Chanae Order #1 . Sandowav Lane
1 iMaintenance of Traffic LS 1 $1,500.00 $1,500.00 1 $1,500.00 $1,500.00 SO.OO
---- --.-.-.- -$0:00
2 iMobilizaton LS 1 $4,500.00 $4,500.00 1 ~,500.00 $4,500.00
- .--
3 Clearin~ and G!,:,_bbil18.. LS 1 $5,500.00 $5,500.00 1 $5,500.00 $5,500.00 $0.00
.._,,- ~..-
4 _q!!~!n&.c!_~odding SY 100 $1.9.,!l0 $1,000,00 62 $10.00 $620.00 (S38O.00)
5 Asnhalt Trench Renair LF 255 $40.00 $10,200.00 380 $40.00 $15,200.00 $5,000.00
6 .....---- --,-_. $13,585.'00 - ,.-- ($660.00)
8" C-900 PVC_ W.a!~ ~ain LF 247 $55.00 235 $55.00 $12,925.00
-- ---
7 6" C-900 PVC W~~~}~~:Iain LF 70 $50.00 $3,500.00 0 $50.00 $0.00 (S3,500.00)
8 --- -. -..- $4,95'0.00
2" C-900 PVC Wat.er!'!l.a.i!!.. LF 100 $45.00 $4,500.00 110 $45.00 $450.00
--
9 8"GateYalve EA 2 I $950.00 $1,900.00 2 $950.00 $1,900.00 $0.00
10 - ----- !
6"GateYalve EA 2 $750.00 $1,500.00 0 $750.00, $0.00 (SI.500.00)
-- n" _.
11 2"GateYalve EA 1 $500.00 $500.00 1 i $500.00 $500.00 $0.00
----.. .-..- .
12 10" x 8" T~ppj!lgTee & Valve EA 1 $6,.500.00 $6,500.00 1 $6,500,00 $6,500.00 $0.00
-_.- .- .-- --$0:00
13 fi!l!.!'I)'~~~1 Assembly EA 1 $3,000,00 $3,000.00 1 $3,000.00 $3,000.00
- m._
14 -'f~ill lJt. Flush Assembly EA 1 $1,000.00 $1,000.00 1 $1,000.00 $1,000.00 $0.00
- --~_. .----
15 ----ISamplePoint EA 2 $400.00 $800.00 2 $400.00 $800.00 $0.00
-- - - -- -- -
16 'Sinltle Wate:~~~n.'~~e EA 5 ~650.00 $3,250,00 4 $650.00 $2,600.00 (S650.00)
...-. .--- :-so:ot
17 Connect to ~~:~.ater Main EA 1 $2,000.00 $2,000.00 1 $2,00Q:..~q $2,000.00
. "'..
18 ~~_a_l1.do~emove Ex. Water Main LS 1 $500.00, $500.00 1 $~OO.OO $500.00 $0.00
-. -
19 AS-BUILT Drawings LS 1 $500.00 $500.00 1 $500.00 $500.00 $0.00
..... -. ...-- . --
20 Landscape Allowan~_~_______ LS 1 $2,000.OQ_ $2,000.00 0.25 $2,000,00 $500.00 ($1,500,00)
I
21 Utilitv Allowance I LS 1 $5,000~q.9 $5,000.00 0 $5,000.00 $0,00 (S5.000.00)
-- -- --_.....~.._. --
.... Remove / Replace e~~~_g _~~ni!.llD:' service LS 0 $2,200-.:Q_9 $0.00 1 $2,200.00 $2,200,00 $2,200.00
.- ..
i Utilitv AlJowance LS 0 $1,500.00 $0.00 1 Sl,?O.l?.OO $1,500.00 $1,500.00
IVideo Allowanc~-- -.... -
22 LS 1 $300.00 $300.00 1 $300.00 $300.00 $0.00
Total Change Order #1 $73,035.00 $68,995.00 (S4.040.00)
$1,803,087.50
51,745,806.28
(S57.281.23)
Contract Award
Approved Changes
Total Award to Dale
Total Contract to Date
Change Order #2/ Final
1,730,052.50
73,035.00
1,803,087.50
1,745,806.28
(57,281.23)
Page 2 of 2
S:\EngAdmin\Projects\2004\2004.020\BUDGETlChaz Area I quantities.xls
Agenda Item NO.:--"&f
AGENDA REQUEST
DATE: November 8,2005
Request to be placed on:
-L Regular Agenda
_ Special Agenda
_ Workshop Agenda
WHEN: November 15, 2005
Description of item (who, what, where, how much):
Change Order #2/Final in the net deduct amount of $57,281.22, and final payment in the amount of
$34,916.13, to Chaz Equipment Co., Inc. for completion of the Area 1 Reclaimed Water System project
(PN 2004-020.1). This change order liquidates the project's residual after miscellaneous quantity
adjustments.
Residual funds to be liquidated from P.O.# 624853, account 441-5181-536-65.96, Water and Sewer Fund/
Reclaimed Water Transmission.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Approve Change Order #2/Final and final payment to Chaz Equipment Co., Inc.
for the above referCkite oject. ~.
Department Head "-
Signature: "l ':.c.P II tf-- oJ'
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available ~"SJNOtd
Funding alternativ~
Account No. & Description
Account Balance
See above
6ee auuve
(if apRlicable) _ 01
iN ( - 'S1f3/-5S/P y :5 /7k:>
S 2 014-, 1f7.
. .
0. _I,
f{lldcrilY] /))~{
l/anS/llisS' ,.
City Manager Review: ,c.Q
Approved for agenda:('/"/NO
Hold Until:
m1
!
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
ApprovedlDisapproved
file 2004-020. 1 (A)
S:\EngAdmin\Projects\2004\2004-020.l\CONSTRCT\Agnd req C0#2 Final Chaz 11.15.0S.doc
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE~
AGENDA ITEM # ~G._ REGULAR MEETING OF NOVEMBER 15. 2005
CHANGE ORDER NO. 2 (CONTRACT ADDlTION)/RANDOLPH &
DEWDNEY CONSTRUCTION. INC.
SUBJECT:
DATE:
NOVEMBER 11, 2005
This is before Commission to approve Change Order No. 2 (Contract Addition) to the Fire
Apparatus Maintenance Building Project in the amount of $26,800.00 to Randolph & Dewdney
Construction, Inc. for demolition and reconstruction of the Old School Square south entrance
canopy.
Funding is available from 334-6112-572-46.12 (General Construction Fund/Old School Square Roof
Repair).
Recommend approval of Change Order No.2 (Contract Addition) between the City and Randolph &
Dewdney Construction, Inc. in the amount of $26,800.00 for demolition and reconstruction of the
Old School Square south entrance canopy.
S:\City Clcrk\agenda mcmos\CO 2 CA Randolph Dewdney 111505
City Of Delray Beach
Department of Environmental Services
M
E
M
o
R
A
N
D
u
M
www.myde/raybeach.com
TO:
David Harden,;}~ager
Victor Majte~truction Manager
FROM:
SUBJECT:
FIRE APP ARA TUS MAINTENANCE BUILDING (pIN 2002-022)
Commission Agenda Item; Contract Addition, OSS South Canopy
DATE:
NOVEMBER 8, 2005
Attached is an Agenda Request for City Commission to approve contract addition (Change Order #2) to
Randolph & Dewdney Construction, Inc. on the Fire Apparatus Maintenance Building Project (PIN 2002-022) in
the amount of $26,800.00. This change order is for the demolition and reconstruction of the south entrance
canopy at the Cornell Museum.
During the re-roofing of Old School Square, extensive deterioration to the structural framing of the south
canopy was discovered. A physical evaluation by Currie-Sowards-Aguila-Architects(CSAA) revealed the
roof structure above the columns to be beyond repair and in need of complete reconstruction. CSAA
prepared drawings for the reconstruction of this structure, matching the north canopy in appearance and
meeting current code requirements.
Staff received quotes for this work from Morgan Roofing, LLC in the amount of $28,990.00 and from
Randolph and Dewdney Construction, Inc. in the amount of $26,800.00.
Staff recommends award of the contract addition to Randolph & Dewdney Construction, Inc., in the
amount of $26,800.00, to the Fire Apparatus Maintenance Building, Re-Bid project, PIN 2002-022, for
the reconstruction of the Old School Square Entrance Canopy. Funding is available from account 334-
6112-572-4612, General Construction Fundi ass Roof Repair, after budget transfer.
cc: Richard Hasko; Director of ESO
Randal Krejcarek; City Engineer
Rafael Ballestero, Dep. OJr. of Construction
Carolanne Kucmerowski; City Clerks Office
Agenda File 11.15.05
File 2002-022(A)
S:\EngAdmin\Projects\2002\2002-022\CONSTRC1\2005Novl SAgendaMemo ass canopy.doc
CITY OF DELRA Y BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO.
PROJECT TITLE:
2 (Contract Addition) PROJECT NO. 02-022
Fire Apparatus Maintenance Building
DATE:
TO CONTRACTOR: Randolph & Dewdney Construction, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWlNG CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDlNGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Add the following scope of work to the contract:
Demolish and reconstruct the south entrance canopy at Old School Square (Cornell Museum) per quote dated 10/27/05.
SUMMARY OF CONTRACT AMOUNT
ORlGlNAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT lNCLUDlNG THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 6.16 %
TOTAL PER CENT INCREASE TO DATE 56.07 %
$435,185.00
$217.208.30
$652,393.30
$26.800.00
$679,193.30
CERTIFIED STATEMENT: I hereby certifY that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Randolph & Dewdney Construction, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT lNlTIATlNG CHANGE ORDER
Funding is available from accounts: 334-6112-572-46.12 ($26,800.00).
DEPARTMENT
FUNDlNG
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
S:\EngAdmin\Projects\2002\2002-022\CONSTRCliC0#2 R & 0 IUS.OS.doc
RECEIVED OCT 3 1 2005 , en
{t/-"/
~ it'andolph & ~dney
~ eonstruction Inc.
1191 N. Federal Highway, Ste #1
Delray Beach. FL 33483
(561) 279-4885 . FAX: (561) 279-4885
,
PROPOSAL
-
PROPOSAL SUBMITTED TO:
City of Delray Beach ESD
434 S. Swinton Avenue
Delray Beach, FL 33444
A TTN: Victor Majtenyi
PHONE
(561)243-7100
DATE
1 0/27/05
JOB NAME/LOCATION
Old School Square Cornell Museum
South Entrance Roof Replacement
We hereby submit specifications and estimates for the following:
To complete the Old School Square Cornell Museum South Entrance Roof Replacement according to the plans and
specs by Currie Sowards Aguila Architects, dated 9/1 0/05, pages 1 -4. The job is bidded using 1 x exterior grade
wood to match the existing in lieu of the 5/8 exterior grade gypsum board as indicated by the plan. It is th&intent of
this bid to match the existing north side roof entrance. Permit fees and roofing by others. All necessary stucco
patching and painting is included as part of this proposal for the base sum of $26,800.00.
TOTAL:
$26,800.00
We Propose complete in accordance with the above specifications, for the sum of:
Twenty-six Thousand, Eight Hundred Dollars & 00/100 cents... ................................................. ($ 26,800.00).
Payments to be made as follows:
Based upon percentage completion as specified in the Schedule of Values.
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to
standard practices. Any alteration or deviation from above specifications invoMng extra costs, will be executed only
upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon
strikes, accidents or delays beyond our control. This proposal subject to accep ance within 20 and is void
thereafter at the option of the undersigned.
Authorized Signature:
ngela Randolph. Presi nt
Acceptance of Proposal - The above prices, specifications and conditions are hereby accepted. You are
authorized to do the work as specified. Payment will be made as outlined above.
Date of Acceptance:
Signature
Agenda Item No.: ')?- c;,.
AGENDA REQUEST
DATE: November 8,2005
Request to be placed on:
~ Regular Agenda
_ Special Agenda
_ Workshop Agenda
WHEN: November 15, 2005
Description of item (who, what, where, how much):
Approve a contract addition (Change Order #2) to Randolph & Dewdney Construction, Inc., on the Fire
Apparatus Maintenance Building Project (P/N 2002-022) in the amount of $26,800.00 for demolition and
reconstruction of the south entrance canopy at the Old School Square, Cornell Museum.
Funding is available from account # 334-6112-572-46.12.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation:
Approve contract addition (Change Order #2) to Randolph & Dewdney Construction, Inc. on the Fire
Apparatus Maintenance Building project, PIN 2002-022, for the demolition and reconstruction of the south
entrance canopy at the Cornell Museum.
Doportm"" H~d ~_ " /7
Signature: ~
II~ 'J - d>
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available~O ~ W /~.f!e r
Funding alternatives (if applicable)
Account No. & Description . ~:.. :~:e .;'~ ~/ ' h Ii? -S7 L > ~ -12-
Account Balance Se.. obuve 2'Z 0 OC~
City Manager Review: &
Approved for agenda: E NO
Hold Until:
fi/~
Did Sd, 00(
SiW1N' .eoo-/
;(g p~r
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file 2002-022(A)
S :\EngAdmin\Projects\2002\2002M022\CONSTRC1\2005Nov15Agenda Req ass canopy.doc
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # ~~ - REGULAR MEETING OF NOVEMBER 15. 2005
CONTRACT ADDITION/MURRAY LOGAN CONSTRUCTION. INC.
SUBJECT:
DATE:
NOVEMBER 11, 2005
This is before Commission to approve a Contract Addition in the amount of $21,750.00 via the
Northern Palm Beach County Improvement District's Continuing Maintenance Contract to Murray
Logan Construction, Inc. for additional work relating to the Upgrade of Lift Station 100A Project.
The additional work was required due to unforeseen conditions with respect to the by-pass pumping
of the station during the construction. A break occurred in one of the by-pass pumping discharge
lines, which resulted in a sewage spill into the Intracoastal Waterway. Murray Logan has provided a
$5,000.00 credit to the City for our assistance with the clean-up from the spill. The total quote is
$26,750.00 less the $5,000.00 credit for a net amount of $21,750.00.
Funding is available from 442-5178-536-68.15 (Water/Sewer Renewal and Replacement Fund/Lift
Station Rehabilitation).
Recommend approval of a Contract Addition in the amount of $21,750.00 to Murray Logan
Construction, Inc. for additional work relating to the Upgrade of Lift Station 100A Project.
S:\City Clerk\agenda memos\CA Murray Logan Lift Station 111505
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
www.mvdelravbeach.com
TO:
FROM:
David T. Harden
City Manager
Dan Beatty, P.E~I .5
Deputy Director u ic Utilities
DATE:
November 7,2005
SUBJECT: Upgrade of Lift Station 100A
Project No. 2005-011
Attached is an Agenda Request and Quotation for additional labor and equipment
required as part of the pumping capacity upgrade for the subject project from Murray
Logan Construction, Inc. The additional work was required due to unforeseen conditions
with respect to the by-pass pumping of the station during the construction. You may
recall that a break occurred in one of the by-pass pumping discharge lines which resulted
in a sewage spill into the Intracoastal Waterway. Murray Logan Construction has
provided a credit to the City in the amount of $5,000.00 for our assistance with the clean
up from the spill. The total quote is $26,750.00 less the $5,000.00 credit for a balance of
$21,750.00 and is based on unit prices outlined in Murray Logan's continuing
maintenance contract with Northern Palm Beach County Improvement District. Funding
is available in 442-5178-536-68.15, Lift Station Rehabilitation.
Please place the item on the November 15, 2005 Agenda for consideration by City
Commission.
Attachments
cc: Richard C. Hasko, P.E., Director of Environmental Services
Bob Bullard, Utilities Maintenance Manager
Patsy Nadal, Purchasing
City Clerk
Agenda File
S:\EngAdmin\Projects\2005\2005-O 11 \OFFICIAL\11-15-05 Munay Logan Agenda mem.doc
Excellence
Since
1968
MURRAY LOGAN CONSTRUCTION, INC
General Contractors
313 65TH TRAIL NORTH
WEST PALM BEACH. FLORIDA 33413
TELEPHONE (561) 686-3948
FAX (561) 686-7465
a/~
October 18,2005
Mr. Dan Beatty
Deputy Director of Utilities
City of Del ray Beach
434 S.Swinton Ave.
Delray Beach, Fl.33444
Reference: Pump Station 100A Rehab: M.L. C.!. # 05-279
"Additional change order"
Dear Mr. Beatty:
Per our recent meeting regarding additional cost for the above reference project, Murray
Logan Construction, Inc. submits the following for your review.
Summary
1. Add emergency bypass pump out as requested by City =$1750.00
2. Additional bypass pumping so City could upgrade electric service.
Silent pack pump $750.00/day x 8days=$6000.00
6" hydraulic pump $500.00/day x 8days=$4000.00
3. Additional 6" bypass time to pump out S.E. manhole! gravity system.
6" hydraulic pump 30 days x $500.00/day=$15000.00
4. Credit of <$5000.00> for city assistance during the emergency spill.
Total additional cost=$21750.00
In closing, if I can be of further assistance to you, please do not hesitate to call me.
Bruce G. Smith
Senior Project Manager
~Jl{IY,
AGENDA REOUEST
Agenda Item ~\\
No.
Request to be placed on:
~ Regular Agenda
_ Special Agenda
_ Workshop Agenda
Date: November 7.2005
When: November 15. 2005
Description of item (who, what, where, how much): Staff reauests Commission Approval of a Quote
from Murrav Logan Construction. Inc. for additional labor and eQuipment relating to the capacitv upgrade
of Lift Station 100A. The Quote is based on unit prices outlined in Murrav Logan's continuing
maintenance contract with Northern Palm Beach Countv Improvement District. The Quote from Murrav
Logan Construction. Inc. is for $21.750.00 and will be funded from 442-5178-536-68.15. L.S.
Rehabilitation.
ORDINANCElRESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the Quotation from Murrav Logan Construction. Inc.
Department head Signature:~ .Ja
11-,-06
Detennination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (r~_on all items involving expenditure of funds):
Funding available: ~otA7&-
Funding alternatives _
AccountNo.&Descri~tion lNZ.-SI78 -534. .bf3-/::' uf+
Account Balance <f. 5 0. 0 {} 0
(if applicable) 7 '__I.. '/. I .1-'
[;+CtH'un ^~Y'l1uJ IrQ/ICTl-
City Manager Review:
Approved for agenda: Jl'iPSJNO ~
Hold Until: C7 -. f!J .
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2005\2005-O II \OFFICIAL\II-15-05 Murray Logan agenda.doc
MEMORANDUM
TO:
FROM:
MAYOR AND CI~,:O"MISSIONERS
CIlY MANAGER{ffV I
AGENDA ITEM # '8:I:..- REGULAR MEETING OF NOVEMBER 15. 2005
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REOUEST
SUBJECT:
DATE:
NOVEMBER 11, 2005
This is before the Commission for approval of one (1) subsidy award to an eligible applicant/family
under the Delray Beach Renaissance Program for the following property:
. $49,000.00 for 203 N.W. 10'. Avenue
This is for acquisition rehabilitation. This subsidy brings the total to 161-homeowner assistance grants
provided under the City Renaissance Program.
Funding for the total amount of $49,000.00 for this subsidy award is available from 118-1924-554-49.20
(Home Owner Subsidy).
Recommend approval of the funding subsidy under Delray Beach Renaissance Program as outlined
above.
S:\City Clerk\agcnda memos \Renaissance Program 111505
MEMORANDUM
FROM:
David Harden, City Manager
Ferline F. Mesidort, C. D. Specialist1f!YJ
Lula Butler, Community Improvement Director LIb .7, ,y(Jy'
Kendra W. Graham, Community Development Administrator pv" 0
TO:
THRU:
DATE:
November 7, 2005
SUBJECT:
Delray Beach Renaissance Program Subsidy Request
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to issue a subsidy to one (I) eligible family
under the Delray Beach Renaissance Program. This subsidy brings the total to 161
homeownership assistance grants provided under the city Renaissance Program to date.
This first-time homebuyer file is the first that the City is partnering with Palm Beach
County Housing and Community Development Department in order to layer the subsidies
to make the home affordable for this very-low income family.
BACKGROUND
The Delray Beach Renaissance Program Memorandum of Understanding was approved
by the City Commission on January 23, 1996. In partnership with the Delray Beach
Community Development Corporation, the TED Center, the Community Redevelopment
Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta
and the Delray Beach Housing Authority, we committed to providing homeownership
opportunities to homebuyers through new construction and acquisition rehab.
Each potential homebuyer is required to attend an approved homebuyer's seminar. The
seminar includes training and information on financial planning, credit and borrowing,
budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary
of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City
Attorney and requires the applicant to maintain ownership/residence for a specified
period according to the amount of the Grant. Grant amounts less than $30,000 per unit
are forgiven after a period of fifteen (15) years and Grant amounts equal to or greater
than $30,000 but less than $55,000 per unit are forgiven after a period of thirty (30)
years.
RECOMMENDATION
Staff is recommending City Commission approval to fund a subsidy for one (1) eligible
family of the following property.
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION NO
CENSUS TRACT ~
NAME Renol and Citane Louis Juste
PROPERTY ADDRESS 203 NW 10th Avenue Delrav Beach. FL 33444
LEGAL DESCRIPTION - TOURIST NOOK DELRA Y LTS 15 & 16 BLK A
12-43-46-17-25-001-0150
% OF AREA MEDIAN HOUSEHOLD INCOME 44%
NO. IN HOUSEHOLD ~
FIRST MORTGAGE
RATE 6.500%
LTV 62.766%
PROJECT/SUBSIDY BREAKDOWN
COST OF UNIT
$ 235.000.00
COST OF LOT
N/A
COST OF DEVELOPER'S FEE
'Paid for by Palm Beach County
Estimated Prepaid Items(Lender 1003)
Estimated Closing Costs (Lender 1003)
Discount
$ 2.892.08
$ 6.243.13
$ 1.497.12
Second Mortgage
$ 245,632.33
$ 149.712.00 Guardian Financial Network. Inc.
$ 49.000.00 City of Delrav Beach ISHIP)
$ 40.000.00 Palm Beach County ISHIP)
N/A
$ 6.920.33
TOTAL TRANSACTION:
FIRST MORTGAGE
Third Mortgage
OTHER CREDITS
Estimated Cash To/From Borrower (Lender 1003)
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CITY Of
PlANNINC & DELRAY BEACH, FL
ZONING DEPARTMENT
-- OIGITAL BASE
Mo4P SYSTEM -
203 NW 1
LOTS 15& 16. BLOCK OTH AVENUE
A OF TOURIST N
OOK SUBDIVISION
MAP REF: LI.4887
Agenda Item No.:
~
AGENDA REOUEST
Request to be placed on:
X Regular Agenda
_ Special Agenda
_ Workshop Agenda
_ Consent Agenda
Date: November 7,2005
When: November 15,2005
Description of item:
Authorization and approval to issue subsidy to one (I) eligible family under the Delray
Beach Renaissance Program totaling $49,000
Note: This applicant brings the total homeownership assistance grants provided under
the Renaissance Program to date to 161.
Recommendation:
Staffrecommends approval of the one (I) subsidy award. Funds are to be awarded from
the State Housing Initiatives Partnership (SHIP) Program.
SHIP Total: $49,000.00 Account Number: 118-1924-554.49.20
Department Head Signature: ~ c./ /1 ~~-----
City Attorney ReviewIRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure offunds):
Funding Available: @o ():I..
Funding Alternatives:
Account No. & Description: II 15 -IC] 21{ '5"S
Account Balance: ~tJlt. 73 kJj/!
(if applicable) ('.
'-I~ - r- !r5n1l0.wrl-r- 0W;S/r/)(.f
/u - . PI( OV/O'J-f
City Manager Review:
Approved for Agenda:
Hold Until:
@/NO tin
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERVl1
\
AGENDA ITEM # ~- REGULAR MEETING OF NOVEMBER 15. 2005
SUPPLEMENTAL PRE-DESIGN SERVICES/PGAL. INC.
TO:
SUBJECT:
DATE:
NOVEMBER 11, 2005
This is before Commission to approve a proposal in the amount of $16,989.00 from PGAL, Inc. for
supplemental pre-design consulting services regarding the preparation of construction documents for
the Old School Square Parking Garage Project.
The additional scope includes underground utility locations and supplementary topographic survey
work; as well as, soils sampling, testing, and analysis.
Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Parks & Recreation/Old School
Square).
Recommend approval of a proposal in the amount of $16,989.00 from PGAL, Inc. for supplemental
pre-design consulting services regarding the preparation of construction documents for the Old
School Square Parking Garage Project.
$: \City Clerk \agenda memos\Supplemental ass PGAL 111505
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.mydelraybeach.com
FROM:
David T. Harden, City Manager () r~
Richard C. Hasko, P.E., Environmental Services Director ~
TO:
SUBJECT:
OLD SCHOOL SQUARE PARKING GARAGE
SUPPLEMENTAL PREDESIGN SERVICES
DATE:
November 9, 2005
Attached is a proposal from PGAL, the City's prime consultant for the Old School Square Parking
Garage, for supplemental predesign activities necessary for preparation of construction documents for
the facility. Additional scope includes underground utility locations and supplementary topographic
survey work as well as soils sampling, testing and analysis. The total cost of the described
supplemental services is $ 16,989. Funding is available in Parks & Recreation Bond account #380-
4150-572-63.29, Old School Square Garage.
Please place this item on the November 15, 2005 agenda for consideration by City Commission.
:1/08/2~05 09:37
15519883002
PGAL
PAGE 02
PIa [J
October 7, 2005
Richard C. !-lasko, P.E.
Environmentel Services Director
City of Oelrey Beach, Florida
Re: Old School Sqllare F'arking Garage - Cit/l'.O, NUMber: 622200 - City PrOject Nu-nber: 2004-044
Additlone' Service Requost- Geotechnicel and Topographical Services
Dear Mr. Hasko:
Per your reQueet. PGAL is pleased to provide this proposal fo' professional Gectechnical services lor the
Old School Square Parking Garage. A detailed !cope 01 services is identified in the attached Tierra
proposal. dated Octo,,"r 14, 2005 (Exhibit A) ar,d the HelJar . Weaver s1d sr,eremeta proposal. dated
November 4. 2005 (Ex~Jbit S).
Comoensatlon:
The fe... for the add'UOntoll $ervlces will be a lump sum of $16.989.00, All fees are due and payable as the
work is completed for this service. The breakoown for this service Is as follows
Tlerre's F'roPO$ai
Heller - Weaver and Sheremeta's F'roposal
I'GAL Management and Coordination Fee
$10,745.00
$4,700.00
$1.544.00
ShOUld t~ere !:le any questions please do nlilt hesitate to cortoot me at 561-9118-4002 extersion 37.
Bruno Ph:iilps
Attllched: Exhibit A llI'd Exhibit B
Cc: I. Ne$U...., PGAL
Flie
191 Pari< of Comma"", Blvd. Suite 400 Booa Raton. FI 33487 (T) 561 sse 4002 (F) 5e1 gae 3002
AA 0003337 EB008240
j!:I~\04042 Orl.clndQ FBO\A F'roject Mllni!!lie'rnent\Ol) CorrespondenQ.\OLltgoIng\Requ8s1 f9r Add Service Geotec/'l anl'1 Survay_dl)c
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11/09/2005 09:37 15513883002
Oct 31 OS 10:53a
PGAL
PAGE 03
1'.1
"TIERRA
October 14, 2005
POAL
791 Park of COi11I11.crce Boute--.ard Su;te 400
r:b~8 R.nloli~ folorkla 33487
AIt,,; Mr. B"uno Phillips, AlA
Sub.ieet:
Geoteehll;(allnvestig'ltion and Engineering Ewluation
Proposed Old Square Pa~klng Garage
Dekay Beat'h, Florida
TI~:RRA I'roposal No. 0510.444
Dear Bruno;
bt E,ccordance with jfOUT roque.t, TIERRA, Inc. is plcasl:Cl'o $Ubl'!lit the following vrotJOsal [or the
~")erformance Of9 Ge()tec:hntcallnvli!stjga,dcl1'I 2.11.d Eng1neering Eva1uatian 6)1: sitt dc::veiop:nent. Tbis
prop("'] was requested byMr. Brune Phillip;, AlA ofl'GAL. Presented l1e.reaft;:r >lre descriptions of
the service; ie> be undertaken. a scheduto for execution of the wDrk, and a cost e~t;mate for the
pnposed serVloes.
Scope. Go.t.choi..! J..~~stigotj.n:
The jU\)SC1rface CRl110r.ttoo will incl\\de the foJ1Qwbg s'>Jpe ofwot1< to assess wbctherornct th".itc
may be developed in a cost~eTfcctjvc manner, and whethet' l1e soils ate capable of pro,,'iding the
b'.c.nng oapacity Iteoded lor tiN s"ppoTt of the l>lalll1Cd COl1stnlction:
. Sampling alld te$till& of the !\Ibsurface matcnats. and observatiollS of the
grOl1ndWMer <:Ol1ditions 00 thc site, :0 the dt.pths that would sigmficant1y (Iffeet or be
affected by the foundatiol1(8);
. lde:1tificatioll ot'thc ph)~ic~1 and engineering charActeristics ofsubsurface mal~ri"I.
encounteroo during tile SIInlPling and testing; .ed
. Recommend.tions for '~bllndation., pavements, earthwork, alld other gcolCchl1ical
rd.tod -..pccl. oftb. d..igll and COllSt!'"ct;Ol1.
11/03)2005 03:37
.56:9883002
PGAL
Cc~ al 05 10'53a
PGAL
Ptl)l'.s~1 No.OStO.444
We hav. been requosted to dril! ter- (10) SPT borings; five (5) to a depth of30 feel alld n,. to a
depr\ of 50 fcc';. Addi1ilJna,ly, we p"'po,e w pcrfcnn 3 Boro.iolc ?ccJ:1caoility t~st5 per SFWMD
Standard,. Within the boriJ1SS, penetration resistance te'ting wiil be perfonned b;; gcner"l
.ccord211ee with !h', requirements of ASTM d~signation~ D i586. Borings will bc a.pproximately
loe,ted in the fie:d by Cur drilling pe,sonnel by measuring di&!anees wi.th a tape o'()rr. known
reference points.
Th. .~b'urr.ca eKploroti0n wiil i.ru:ll1d. lahoralorl testins ~f lhe samples obtained to evaJ\late the
cla"inca'.ion, ,treng:h, comprcs>ibilily one. other characteristic! oftl:e StlbS\lrface 'tHlterials. The
res,"lts of the field exploration and !aborn'lol:Y te$ts will be used illollr~ngineeril\g analy,es and ill the
fOI'Ululation of C'J! evaluations and recommendations. The re~ults oftbe 5\lba:.u;fa,'< exp.lo,ation,
it:,d~lCH~g cm r~CQmmel1dations and the dtlt" on which the)" ~re bMcd, wm be p:-cscnted ~n a vvntten
:'cpc:! preparod by '" prDfessional engine..r.
Colt - G.otc.bnicallltvc.tigatiou:
[t is l'roposed that the foc for tho penol1!Jarlco of the above services a. per "Specific.tion for
Gectecl.lllical Ellginee,ing Services""m b" $1 O,745,00,111Id that the worK', !'t,-lor",cd pU""lflnt to
the Oener~l Conditicns attached, and t.,e.refore considered pari ofthi~ proposal. The e~timated cost
win net be exceeded without prior auth'~rizalicn from the cliell!. 111e SUnln:aty of Cost she~t is
~tt3cbed.
Prior to drillin~ f,t the project site, TIERRA will notify and coc.r~jl1ate with the local utility
compamc. and request that undergrou.nd utilities be i!larked.
O'.~r "ro1'o'oo cost cCVC!$ the work ne.ded to present our findings <Jld re~om1netldations:1\ a report
fonr, ..,,=Jr.g thc sile is accessible with a 4-whccl drive, oll-ten'aic vehide with no clearing
requ~re1;'(lents. Not included ilTe Tell'lew!\. of fmmdation and pavcrner:t drawir.gs; pre.parat~(.:m of
constructlon ~pedftca!:ion., s!>"ciaJ conferences, IDd any oiher services not specifically related to this
prcI=osai.
PAGE 04
".2
1
~1/09/2B05 03:37
15613883002
PGAL
Oet il 05 10:53a
PG,o,l,
rrop...1 No,O~1O-U4
SCIIEDlJT.E AND AUTHORIZATI01'I
TIERftA will proceW with the work after rece'pt "f a l'igned copy Qfthis pl'oposn;, With O\lt Pl'esent
dlilling schcdule, we can comment,. within 4 days alter project approval (wcather permitting) and
fieldwork ,,~U take about three (5) days to Ccmplcle, The report call be submittect withj~ two m
woeks aftercorr,pleljan of the field explotation, Verbal preliminary rceonln:>cnaatk", cen be mad.
to appropri.te perties a. the Geotechnicallnve5tigaticn is in progress And prio: to submittal of tbe
~rafl report
lfyou find the proposal contents satisfactory, kind:)' sign and ret'.!t'n the Acceptance COpy, "l1ERRA
appreciates Ihi. opportunill' to be of ,,,!'Viee to you 0)1 this imp~rinnt project. Plo".. feel free 10
conte,et uo t'J answer any questions y~u may h~v~ conoeming thi" ""01'05.1, '
Rf,sp~ctfully submited,
TlERRA, INC.
~
/
Raj Krist asamy, PE,
Principal .oot.chnknl EngineerNice President
FI. Registration No, 53567
RK:
Attad:nnenis: Summary ofCcsts
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Ii AlflHO,uZED BY:
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PAGE 05
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: Ii ~S/2ae5 es: 37 : 56: 3883~e2
Oet 31 oe 1015~.
FGAL
PeAL
1'.......1 N..O'10-4U
ATT~~~~'!.: l_~~_~~~RJt.lt..~_~WN
J. nerd EXDIGrDtiot1
A,
Mc~m"lion
; Drm Rig @ S300,OO!c.c~
B,
Scrim: LayolltlUrilil')' Cteannec
Estl",ato 6 hot~rs @ $75.00111,
c,
Drilling IIl\d Sampling
E..!lmate 400 feet @ III ,CO/ft
D,
Grouting Boreholea
Ellimlte 400 fa:t @ 54.oolft
E,
Berellol. Paml.ability 'es:.:; @ 5275,00/",,,
Subtolll- 'kid lxploralkln:
11, Lalbortton TatiDt
A.
VI,ual Cla..ff:cation
E>timllc 4 hecrs @ $ 7l.00Ihr
B.
Silvl Analy,l.. 6 @$;5,00eacb
5.btotll- Llbol1llory T."inR:
tIT. omtt E..'Durlnt!'. Enlaatlon and R_oonillll" and Prole.:t Meetlnr
A,
P';'lcipal G_hnica' ilrIah..r. P,E,
Estimate 2 hoc,@ SI25.00Ihou,
8,
Senior O.oteClmlealBnaiMtr, I' ,E.
\l8tl",a", 20 "cun @ $9S.00/hour
~
"
C1e,;cal, S,rlml'. 4 hours@ S30.00/hour
CAlm, E"ima.. 6 hours @S4MO'ho'"
0,
5ubt.,tal- omce Enelneerill<<. I::'C.:
POJeCT TOT.\L:
$300,00
54;0..JO
$4.400.00
51,600,00
.IJll&Q
$7,!175.00
S300,00
SllaJ1ll
S030,00
5250.00
$1,900.00
$:20.00
$~
$:"40.00
Jl0.'7.c~.0J)
PAGE ~6
".'
4
:1/08/2~05 03:37
: 56: 8883002
PGAL
PAGE 08
Heller - We3'\'er and Sheremeta, Inc.
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.JL';.r1L~," A S,:hrne:d:r. rSM
T-,lCY L. W~iI'd, PE
Engineers", Surveyor;, " PI anners
Mr. Bruno Phillips
PGAL Architects
791 Park of Commerce Blvd.. Suite 400
Boca Raton, FL 33467
RE: Old School Square Parking GaraQe TOl)oaraDhlc Surv$1I- Additional
Servlc$S
Dear Mr. Phillips:
Pursuant to your request and correspondence from Jason Gunther at Craven and Thompson
our firm will provide additional topographic services requested according to the fCllowing scope
of services,
Survey Servlce!l:
See Attachment Exhibit A:
)i> Obtain Sanitary Sewer System invert Information on accessible manholes within the blue
outlined area,
)i> Obtain additional hori:tontal and vertical topography within the right of way area as
highlighted in orange,
See Attachment Exhibit B:
l> Obtain additional horizontal and vertical tOpogr.1phy within the flfly (50) foOt area as
shown.
Nole: Subsurface utility looaliol'lll are not included in this service authorization Other than
accessible Storm Drainage and Sanitary Sewer Manholes,
The above services will be provided for a lump sum fee of four thousand seven hundted dollars
and 00/100 ($4,700.00),
Should you have any questions or require anything further on my pert, please calL
:;61 " 2,:~)-g700
F,'\ x :1 6 1
D~::lray ,BCl::;ICI~.
I 24~\.~177
F:.:. 3:'\ ~;.; :'\
first SI:,-eet., S'.,it~ Four.
11/0~!2~05 09~37
15613883002
PGAL
PAGE :.B
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AGENDA ITEM NUMBER:
~~
AGENDA REQUEST
Date: November 8, 2005
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
When:
November 15, 2005
Description of agenda item:
Staff requests Commission approval of a proposal from PGAL for supplementary predesgn
consulting services regarding preparation of construciton documents for the Old School Square
Parking Garage. Supplemental scope includes utility locations, topographic survey, soils sampling,
testing & analysis, The total proposed fee for this scope os $16.989 with funding available in Parks
& Recreation Bond account #380-4150-572-63.29,
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation: Staff recommend~v~roposal for PGAL
Department Head Signature: ~ _#~p
Determination of Consistency with Comprehensive Plan:
((~-O!
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expenditure offunds):
Funding available: G (,Il
Funding alternatives (if applicable):
No
Account Number:
380 - V / S?:i - 57 Z . ~3 - 2 'I
Did gdi 00/ 0gutlr<.--
i!>cr.8?7/73.
,
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
~
~
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERM
AGENDA ITEM # ~ \C.. REGULAR MEETING OF NOVEMBER 15. 2005
CHANGE ORDER NO. 1 (CONTRACT ADDITION)/RANGER
CONSTRUCTION. INC,
SUBJECT:
DATE:
NOVEMBER 11, 2005
lbis is before Commission to approve Change Order No. 1 (Contract Addition) in the amount of
$220,295.95 to lUnger Construction, Inc. to add the 2006 Street Resurfacing Project to the current
2005 Resurfacing Contract.
Funding is available from 334-3162-541-61.17 (General Construction Fund/Resurfacing).
Recommend approval of Change Order No.1 (Contract Addition) in the amount of $220,295.95 to
lUnger Construction, Inc. to add the 2006 Resurfacing Project to the current 2005 Resurfacing
Contract.
S: \City Clerk\agcnda memos\CO 1 CA Ranger St Resurfacing 111505
City Of Delray Beach
Department of Environmental Services
M
E
M
o
R
A
N
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u
M
www.MyDe/rayBeach.com
TO:
FROM:
David T. Harden, City Manager
Rafael Ballestero, Deputy Director for Construction ~
DATE:
November 9, 2005
SUBJECT: 2005 Resurfacing Project # 2005-037
Commission Agenda Item
The attached agenda item is for Commission approval/authorization for Change Order #1 (Contract Addition)
to Ranger Canst, Inc, for the construction of the 2006 Street Resurfacing, Ranger Construction currently has
the contract for the 2005 Resurfacing, and we wish to add the 2006 work to their contract
This construction contract includes the following improvements: asphaltic overlay, including leveling course
and pavement markings, on the following streets in Delray Beach:
NW 49111 Avenue (Lake Ida to NW 6th St)
NW 47111 Avenue (NW 5th St to NW 5th CI.)
NW 5111 Court (NW 47th Ave, to NW 46111 Ave,)
Avenue Chaumont (Avenue De Gien to Avenue Montresor)
West Boulevard Chatelaine East (Lake Ida to Lake Ida)
Place Chateau (Avenue Montresor to West Blvd, Chatelaine East)
Avenue Serrant (West Blvd, Chatelaine East to Place Tavant)
Place Tavant (Avenue Serrant to West Blvd, Chatelaine East Entrance)
SW 11111 Terrace (SW 10th St to SW 8th SI.)
Sandoway Lane (Andrews Avenue to End)
SE 7111 Avenue (Atlantic Avenue to SE 1st SI.)
The cost of this work is $220,295.95, and is commensurate with current market prices, A copy of the
contractor's quotation is attached, and has been modified to comply with the available funding,
Funding is available as follows:
Funding Source
2006 Resurfacing
Account Number
334-3162-541-61,17
Balance
$229,137.00
Contract
$220,295.95
$220,295.95
Total
A location map is attached,
Please place this on the November 15, 2005 commission agenda,
enc
cc: Richard Hasko, P.E, Director of Environmental Services
Joseph Safford, Finance Director
file
S:\EngAdmin\Projects\2005\2005-037\CONSTRCl\11.15.05 agenda memoCO# I.doc
CITY OF DELRA Y BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1 (Contract Addition) PROJECT NO. 2005-037
PROJECT TITLE: 2005 Street Resurfacing
TO CONTRACTOR: Ranger Construction, Inc.
DATE:
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS,
JUSTIFICATION:
To add the 2006 Resurfacing work to Ranger Construction's existing 2005 Resurfacing contract
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PERCENT INCREASE THIS CHANGE ORDER 195 %
TOTAL PERCENT INCREASE TO DATE 195 %
TOTAL CONTRACT TIME WILL BE INCREASE BY 0 DAYS.
$112,948.50
$0,00
$112,948.50
$220.295,95
$333,244.45
CERTIFIED STATEMENT: I hereby certifY that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding,
Ranger Construction, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account:
334-3162-541-61.17. 2006 Resurfacing. Amount 220.295,95
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
for Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
S~\EngAdmin\Projects\2005\2005-037\CONSTRC1\COl Ranger Canst doc -11.15.05.doc
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FROM- Ranier Construction Industries, Ine.
561-790-4!!2
T-156 P.02/06 F-658
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17-0CT-05 03:58PM FROt.!- Ranier Construction Industries, Inc,
561-790-4332
T-156 P.03/06 F-658
Central Division
101 Sansbury's Way
West Palm Beach, FL 33411
Phone: (561) 793-9'lO0
Fax: (56t) 790-4332
www.rangerconstruction.com
PROPOSAL AND CONTRACT
Submitted To: City of Delray Beach Date: 17-oc:t-05
Phone: (561) 243-7320
Address: 434 S. Swinton Avenue Fax: (561) 243-7314
Delray Beach, Florida 33444 Job Name: 2006 Street resurfacing
Job l.oc;ation: City of Delray Beach
Contact: Rafael C, Ballestero Prop. OWned By:
2006 STREET RESURFACING
ITEM No. DESCRIPTION OUANTITY !lliJI UNIT PRICE EXTENSION
10 MOBiliZATION 1.00 LS $7,500.00 $7,500,00
20 MAINTENANCE OF TRAFFIC 1,00 LS $10.900.00 $10,900,00 (frJ
144W ,ll7 .tA,/Q33.'70
30 LEVELING AND 1. Sill ASPHALT OVERLAY 1,ggg.ee TN $110.00 ~BB.9ge,ee
40 ADJUST MANHOLE RINGS AND COVERS 16.00 EA $185.00 $2,960.00
50 ADJUST VALVE BOXES 15,00 EA $80,00 $1,200,00
60 24" SOLID WHITE STOP BAR 19.00 EA $80.00 $1,520,00
70 6" DOUBLE YELLOW (THERMO) 1,727,00 LF $1.75 $3,022.25
80 6" WHITE (THERMO) 6,105,00 LF $0.90 $5,494,50
90 RPM's 114.00 EA $6.00 $684,00
100 6" YELOW (THERMO) 145.00 IF $0.90 $130,50
110 18" YELOW (THERMO) 35.00 LF $2.45 $85,75
120 6" SKIP (10'-30')(THERMO) 1,510.00 GF $0,65 $981.50
130 12" WHITE (THERMO) 70,00 LF $1.90 $133.00
140 PARALLEL STALLS (THERMO) 5.00 EA $10.15 $50,75
150 SHOUlOER RESTORATION 1.00 LS $20,000.00 $21,000,00
ESTIMATED SUBTOTAL = I S264,66l!.Z6~
Page 10f4 ~
72D,2Q'S'.95
17-0CT-05 03:58PM FROII- Ranier Construction Industries, Inc.
Ranger Construction Industries, Inc.
101 Sansbury's Way
West Palm Beach, FL 33411
561-790-4ll2
T-156 P,04/06 F-65S
Phon,,: (561) 793-9400
Fax: (561) 790-4332
www.rangerconstruction.com
SPECIAL NOTES
1) Asphalt prices valid for work to be completed by January 2006, Ranger to be compensated for cost incfeases
beyond that date.
2) As the original base was designed and previously installed by others, Ranger cannot guarantee this asphalt
sUrfacing against possible future cl"9cking, settlement, drainage problems, minor bifdbaths or root heave by
adjacent plant materials, We do, however, guarantee our own work against all defects in materials and
workmanship for a period of one year. This guarantee does not apply to the emergence of grass Of other plant
material through the asphalt layer,
3) Quantities based on preliminary measurements, billing based on final quantities vefified from plant weight
tickets,
4) Asphalt quantity based on an average yield of 110 Ib/Sy of laydown.
5) Permit fee is obligation of the client.
Page 2 of 4
11/11/2005 14:18 5612437314
II-NOV-05 11:99AM FROM- Ranllr Construotlon Industries, Inc,
.~~~r
CITY OF DELRAY BEACH
PAGE 02/02
511-r90-4992
T-SS2 P02/02 F-Slr
-....
November! I, 2005
CITY OF DELRA Y BEACH
Ann: Rafael BalIesrero, Deputy Director of Construction
434 S. Swinton Ave
Delray BllllCh, FL 33344
Re: 2006 reslU'facing project.
Dear Mr. Ballcstero:
Please be advised that the Terms an4 CoruJitions attached to the proposal for additional
resurfacing job dated on October 1712005 do not apply. The Terms and conditions from
the original contract fOr the project 2005 resurfacing project #2005-037 will apply to the
extended job,
Should you have any questiOIlS or comments please do not hesitate to call us.
Sincerely,
~rn,. kbm/(()?
BeatrizRamireZ
Estimator
o.c. Mii\ICl COlTea-Vioe president
Doug Rosencrans-Asphalt Manager
Central Division Office 8. Company Headquarters: 101 Sansbury's W8l:l, Wesl Palm BeaOh, Aorial! 33411
Corporate Mailing Address: P.O. Box 15065, West Palm Beach, FJorlela 33416 . www.RangerConstruotion.com
Phon.., (561) 793-9400 . Toll-free: (BOO) 969-9402 . Fax: (561) 790-4332
Date:
NUMBER:
November 9. 2005
AGENDA ITEM
6\c
AGENDA REQUEST
Request to be placed on:
_Consent Agenda _X_Regular Agenda _Workshop Agenda _Special Agenda
When:
November 15. 2005
Description of Agenda Item (who, what, where, how much):
The attached agenda item is for Commission approval/authorization for Change Order #1 (Contract
Addition) to Ranger Const, Inc, for the construction of the 2006 Street Resurfacing, Ranger
Construction currently has the contract for the 2005 Resurfacing, and we wish to add the 2006 work
to their contract.
Funding is provided as follows:
Account # Description
334-3162-541-61.17 2006 Resurfacing
Total
Contract Amount
$220,295.95
$220,295,95
Account Balance
$229,137,00
Staff Recommendation: Approve C~n #1 ~
Department Head Signature: (~ .clJVCi">
II-tt-cp
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Availabl~~~To Initials: 'flUJ. /1 fq los--
~::r / /
Account Number See above
Description
Account Balance:
Funding Alternatives:
See above
See above
(if applicable)
City Manager Review:
de d 0N I 'i11.{lA,
Approve lor Agen a: ~ 0 Initia s: tl.!:.:l
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\2005\200S-Q37\CONSTRCT\11.15.05 agenda requesCO#I.doc
MEMORANDUM
TO:
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER!lJ11 .
AGENDA ITEM # ca~ - REGULAR MEETING OF NOVEMBER 15. 2005
CHANGE ORDER NO, l/JMW CONSTRUCTION CORPORATION
SUBJECT:
DATE:
NOVEMBER 11, 2005
TIlls is before Commission to approve Change Order No.1 in the amount of $133,257.85 to JMW
Construction Corporation for additional amenities to the Lake Ida Park Project.
The amenities include:
1. Demolition of the existing boat ramp and installation of a new boat ramp.
2. Demolition of the existing shell rock parking lot and installation of a new asphalt parking lot,
complete with new striping, wheel stops, and "D' curbing.
3. Installation of new parking lot lighting.
4. Installation of on-site drainage consisting of a new catch basin and associated underground
pIpmg.
5. Installation of new 4" sidewalk adjacent to the new parking lot and boat ramp.
Due to budget constraints, the above park improvements were deleted from the original contract. A
grant in the amount of $100,000.00 from Palm Beach County has permitted the award to be modified.
Funding is available from 380-4150-572-63.26 (2004 G.O. Bond/Lake Ida Park) and 448-5461-538-
63.90 (Stormwater Utility Fund/Other Improvements).
Recommend approval of Change Order No. 1 in the amount of $133,257.85 to JMW Construction
Corporation for additional amenities to the Lake Ida Park Project.
S:\City Clerk\agenda memos\CO 1 CAJMW Const Lake Ida Park 111505
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.MyDelrayBeach.com
TO: David T. Harden, City Manager
FROM: Jill Skaggs, Asst. City Engineer )f?f'
DATE: November 9, 2005
SUBJECT: Lake Ida Park, Project # 2004-054
Commission Agenda Item, Change Order #1
Attached is a request for the City Commission to approve Change Order #1 to JMW
Construction, Inc, for additional amenities to the Lake Ida Park project These amenities
include:
1, Demolition of the existing boat ramp and installation of a new boat ramp,
2, Demolition of the existing shell rock parking lot and installation of a new asphalt parking
lot, complete with new striping, wheel stops and 'D' curbing,
3, Installation of new parking lot lighting.
4, Installation of on-site drainage consisting of a new catch basin and associated
underground piping.
5, Installation of new 4" sidewalk adjacent to the new parking lot and boat ramp,
Due to budget constraints, the above mentioned park improvements were deleted from the
original contract award. A grant in the amount of $100,000,00 from Palm Beach County has
permitted the award to be modified. The total cost for these additional items is $133,257,85.
Attached is a cost breakdown of the items by funding source for your review,
Staff recommends City Commission approve Change Order #1 to the contract with JMW
Construction, Inc., in the amount of $133,257.85 for Lake Ida Park, PIN 2004-054,
Funding is available after budget transfers from Accounts 380-4150-572,63-26 ($124,257.85)
G,O, Bond, Lake Ida Park and 448-5461-538-63,90 ($9,000,00) Stormwater Utility Fund, Other
Improvements,
Please place this on the November 15, 2005 Commission Agenda.
enc
cc: Richard Haske, P,E" Director of Environmental Services
Randal Krejcarek, P.E., City Engineer
Carolanne Kucmerowski
Agenda File, November 15, 2005
Project File, 2004-Q54(E)
S:\EngAdmin\Projects\2004\2004-054\OFFIClAL\LI agenda memo CO#111-15-05.doc
CITY OF DELRA Y BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO.
PROJECT TITLE:
1
Lake Ida Park
PROJECT NO, 04-054
DATE:
TO CONTRACTOR: JMW Construction Corporation
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS,
JUSTIFICATION:
Add the following scope of work back into the contract as itemized on Schedule A, attached:
I, Demolition of the existing boat ramp and installation of a new boat ramp,
2, Demolition of the existing shell rock parking lot and installation of a new asphalt parking lot, complete with new striping,
wheel stops and '0' curbing,
3, Installation of new parking lot lighting.
4. Installation of on-site drainage consisting of a new catch basin and associated underground piping,
5, Installation of new 4" sidewalk adjacent to the new parking lot and boat ramp,
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 38, I %
TOTAL PERCENT INCREASE TO DATE 38.1 %
$349,916.00
$0,00
$349,916,00
$133.257,85
$483,173,85
CERTIFIED STATEMENT: I hereby certifY that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
JMW Construction Corporation
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from accounts: 380-4150-572-63,26 ($124,257,85), 448-5461-538-63,90 ($9,000,00),
DEPARTMENT
FUNDING
CERTIFIED BY
RECOMMEND:
DELRA Y BEACH, FLORIDA by its City Commission
By:
Mayor
Environmental Services
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
S:\EngAdminIProjects\2004\2004-054\CONSTRCTlCO#1 JMW 11.15.05.doc
LAKE IDA PARK, PIN 2004-054, CHANGE ORDER #1
SCHEDULE A
UNIT I
liTEM NO.1
EST.
QTY.
DESCRIPTION
380-4150-572-63.26 Park & Recreation G.O.Bond
..... ~......... Demolition - Existing Paving m_ LS 1
...
5 Demolition - Existing Boat_Ramp LS 1
0
12-A Asphalt Parking.~~~!aving SF 23.000
13 ParkinZ_~c:J_t_,~~ii!ing LS 1
H 60'll'-
14 Concrete "D" Curb LF
...
15 Wheel Stops_. EA 27
.
16 ~~h~IJt\y~lking Trails _ _ ___ SF -720
-20-"- _~,'~Gl!_ncrete (Sidewalks and Side~_~..!c Ramps) SF I,SOO
----------...----..-.-
24 ~Lng Lot Light Fixture A~~embly, 25' EA 2
-----
25 Parking Lot Light Fi"tur" ~ssembly, 16' EA 1
.. 00' .u_
35 Boat Ramo LS 1
448-5461-538-63.90 Stormwater Utili
18 Catch Basins
--.-.,.-..
19 Furnish and Install IS" HDPE Pi e
I EXTENDED PRICE I
I I
UNIT PRICE
_.0... $7,500,00 0 $7,500,00
.. $4,000,00 .. $4,000,00
$1.50 $34,500,00
$3,500,00 $3,500,00
.... $33.33 $19,99S,00
. $55,55 $I,499,S5
$2,00 -$1,440,00
$650 $11,700,00
$4,500,02 $9.000,00
$4,000,00 $4,OOO,Q!l
$30,000,00 $30,000,00
$124,257.85
I $1,500,00 $3,000,00
I $SO,OO $6,000,00
$9,000.00
CHANGE ORDER #1
$133,257.85
Lake Ida Par1l. Improvements
City of Oelray Beach No_ 2004.()54
Page 1 of 1
Date: November 9. 2005
AGENDA ITEM NUMBER: <l L
AGENDA REQUEST
Request to be placed on:
_Consent Agenda _X_Regular Agenda _ Workshop Agenda _Special Agenda
When: November 15. 2005
Description of Agenda Item (who, what, where, how much):
Approval of Change Order #1 to JMW Construction, Inc, for additional amenities to the Lake Ida Park
project,
These amenities include: Demolition of the existing boat ramp and installation of a new boat ramp:
demolition of the existing shell rock parking lot and installation of a new asphalt parking lot: complete
with new striping, wheel stops, 'D' curbing and new parking lot lighting; installation of on-site drainage
consisting of a new catch basin and associated underground piping; and installation of new 4" sidewalk
adjacent to the new parking lot and boat ramp.
Due to budget constraints, the above mentioned park improvements were deleted from the original
contract award, A grant in the amount of $100,000.00 from Palm Beach County has permitted the award
to be modified, The total cost for these additional items is $133,257,85. Attached is a cost breakdown of
the items by funding source for your review.
Funding is available after budget transfers from Accounts 380-4150-572.63-26 ($124,257,85) G,O. Bond,
Lake Ida Park and 448-5461-538-63.90 ($9,000,00) Stormwater Utility Fund, Other Improvements.
Staff Recommendation:
(~7/l~
I( .9-16
Department Head Signature:
City Attorney ReviewIRecommendation (if applicable):
Budget Director Review (required on ~ii~~~flvi~xpenditure of funds):
Funding Available:~ Initials: See above
Account Number See Above - i:J -eft r:;l)- 72..h 3 -
Description See Above r C If
Account Balance: See Above
Funding Alternatives:
~ Wi-5'lt./-S3J
. '-3-'Jj)
s
(if applicable)
City Manager Review:
Approved for Agenda:S1 No Initials: t71
Hold Until:
Agenda Coordinator Review:
Received:
*,Ihlf~ i'oo (10 r.Posa~ (]t.lrrvJ '}1 LA
pial{ t.t>/flaul1-/.-Rj. .;/()~OOO w,/I .6...< fJron~.I
S:\EngAdminIProjectsI200412004-054\OFFICIALILI agenda CO#I II-I5-05,do~", J "-'.r r> A>~ J. ~/ / 1
~ T rJt lilf/?;/i--t) e..<< rYt ~ LV! . r:p (~(( P'-
tl>.Au./;P 06r~OnJ-rtf ;.( ';:>C5'r.-QtI- '
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # 'b~- REGULAR MEETING OF NOVEMBER 15. 2005
RIGHT OF ENTRY AND LICENSE AGREEMENT /145 N.E, 4TH AVENuE
SUBJECT:
DATE:
NOVEMBER 11, 2005
This is before the Commission to approve and accept a right of entry and license agreement with
O.D. Priest, Jr. to allow the removal of asphalt parking and the installation of a paver sidewalk.
The paver work is being completed in connection with the improvements in the 100 Block ofN.E. 4'"
A venue. The agreement will allow for the conversion of the existing parking lot into a paver sidewalk.
Recommend approval and acceptance of a right of entry and license agreement with O.D. Priest,Jr. to
allow the removal of asphalt parking and the installation of a paver sidewalk.
S:\City Clerk\agenda cover memos/eM Sidewalk 4'" Priest 111505
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
TO:
FROM:
David T. Harden ;) J I
Randal L. Krejcarek, P.E. ~
DATE:
10 Nov 2005
SUBJECT:
NE 4th Ave -E Atlantic Ave to NE 2nd St
Commission Agenda Item
Sidewalk Easement
Project# 1997-057
The attached agenda item is for Commission authorization/approval for Mayor to
execute agreement with O,D. Priest, Jr. for the installation of paver sidewalk on private
property at 145 NE 4th Avenue. This paver work is being completed in connection with
the improvements in the 100 Block of NE 4th Avenue. This agreement will allow for the
conversion of the existing parking lot into a paver sidewalk.
The attached map shows the project location,
Please place this item on the 15 Nov 2005 Commission Agenda.
Thanks!
enc
cc: Richard Hasko, P,E" Director of Env, Svcs,
Joseph Safford, Finance Director
file
S:\EngAdminIProjects\2003\200J-038\OFFIC/AL\2005-11-15 egenda memo agmts,doc
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LOCATION MAP
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DATE: 11/05
#2003-038
1 of 1
CITY of DELRA Y BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
434 SOUTH 8WNTON AVENUE, OB..RAY BEACH. R,.OM)A 33444
Sidewalk Construction
RIGHT OF ENTRY AND LICENSE AGREEMENT FOR REMOVAL OF ASPHALT
PARKING AND CONSTRUCTION OF SIDEWALK AND SODDED SW ALE
THIS AGREEMENT entered into this _ day of ,200-, by and between
the CITY OF DELRA Y BEACH, a Florida municipal corporation, (hereinafter referred to as
CITY), and O. D. Priest Jr. , referred to as (OWNER), provides as follows:
WHEREAS, the CITY desires to remove certain asphalt parking areas and
install/construct sidewalk, irrigation and sodded swale areas in accordance with approved plans;
and,
WHEREAS, in order to complete said removal and construction/installation. it is
necessary for the CITY to enter upon and perform various construction tasks on the property
described in Exhibit "A".
NOW, THEREFORE, in witness of the above and in consideration of the CITY agreeing
to conduct the aforesaid construction, OWNER hereby grants unto the CITY, their employees,
agents, contractors, sub-contractors, and/or assigns the license and right to enter upon said land
of OWNER for the purpose of constructing/installing said improvements in accordance with the
proj ect
I. The above-stated recitals are incorporated herein as if fully set forth herein.
2. It is further agreed that the license and rights granted herein shall cease upon
completion and finalization of the contract which said work is performed, The work includes the
removal of asphalt areas as shown on Exhibit "A" and the construction/installation of sidewalk
irrigation and sodded swale in this same area.
3. This Agreement constitutes the entire agreement and understanding of the parties,
and supersedes all offers, negotiations, and other agreements. There are no representations or
understandings of any kind not set forth herein. Any amendments to this Agreement must be in
writing and executed by both parties. Venue shall be in Palm Beach County, Florida,
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
day and year first above written.
.
WITNESSES:
~~
CaY((J m. Kif PI.l+(/( It
(Name Printed or Typed)
L-IJ nit ;/ ~;:t
jv1,4f<.y' !? rnesT
(Name Printed or Typed)
"~-~1
By: L7LJi( .~ r
Print Name: iJ. /). ,?/-/R'7 /;-
By:
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this {111 day ofSeplfmlur,
dOO.s ,___by O,D.PfH,:,J, 'Ja. (name of person acknowledging), who is
onally kno ---.. to me or who has produced as identification and
w 0 1 ld not) take an oath.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
By:
City Clerk
Approved as to Form:
Jeff Perlman, Mayor
By:
City Attorney
2
11/10/2005 15:53
5512437314
CITY OF DELRAY BEACH
PAGE 02/02
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CITY of DELRA Y BEACH
ENVIRONIvlENT AL SERVICES DEPARTMENT
4304 eount 8WNT'ClI\I AVI!HE, DeLRAY BEACH, R...ORDA S3444
N.E. 4TH AVENUE
PAVER BRICK SIDEWALK
2003-038
OA1!,"/07/2005
14J-155lEol-lHA',{8Xl\
Exhibit . A'
Date:
10 Nov 2005
AGENDA ITEM NUMBER: 'gN\..
e.~I. ':
_",..;,"..>J
J...."'i.::::.::..:......
. ,
AGENDA REQUEST
Request to be placed on:
~ Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
15 Nov 2005
Description of Agenda Item (who, what, where, how much):
Request for Commission authorization/approval for Mayor to execute agreements with
O.D. Priest, Jr., 145 NE 4th Ave. This agreement will allow the replacement of a
parking area with pavers to be utilized as a sidewalk.
Staff Recommendation: APpr~ --n-777
Department Head Signature: c? r . ~
11-1" -of
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
N/A
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: Y/ No Initials: tf?i/l
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin \Projects\2003\2003-038\OFFICIAL \2005-11-15 agenda agmts,doc
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER t4
AGENDA ITEM # "6 W - REGULAR MEETING OF NOVEMBER 15. 2005
FLORIDA EAST COAST RAILWAY COMPANY (FEC)!S.E. 4TH STREET!
CROSSING REHABILITATION
TO:
SUBJECT:
DATE:
NOVEMBER 11,2005
This is before the Commission to approve a reimbursement to the Florida East Coast Railway
Company (FEC) in the amount of $20,427.72 for reconstruction of the S.E. 4th Street crossing per
provisions of the 1952 FEC Agreement.
In 1952, the City entered into an agreement with FEe. The agreement provides for a public crossing
of the FEC right-of-way at S.E. 4th Street. The agreement also obligates the City to reimburse the
FEC for any maintenance performed at this crossing. The proposed work is considered routine track
maintenance.
Funding is available from 334-3162-541-46.90 (General Construction Fund/FEC Crossing Rehab/
Other Repair/Maintenance Costs).
Recommend approval of a reimbursement to FEC in the amount of $20,427.22 for reconstruction of
the S.E. 4th Street crossing per provisions of the 1952 FEC Agreement.
s: \City Clerk\agenda cover memos/eM FEe Reimbursement 111505
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
FROM:
Randal L. Krejcarek, PE
M
TO:
David T. Harden
DATE: 10 Nov 2005
SUBJECT: SE 4th Street FEC Railroad Crossing
Reimbursement for Rehabilitation Work
Commission Agenda Item
Please find an agenda request for Commission approval to reimburse Florida East
Coast Railroad (FEC) an amount of $20,427.72 for the reconstruction of the SE 4th
Street crossing,
In 1952 the City entered into a Agreement with FEC, The Agreement provides for a
public crossing of the FEC right-of-way at SE 4th Street. The agreement also obligates
the City to reimburse the FEC for any maintenance performed at this crossing. The
proposed work is considered routine track maintenance.
A map of the crossing location is attached.
If this meets with your approval, please place it on the 15 Nov 2005 Commission
meeting for Commission approval.
Thanks!
enc
cc: Richard C, Hasko, PE, Environmental Services Director
Carolanne Kucmerowski, Agenda Coordinator
FEC File
S:IEngAdminIFECI200S-11-15 agenda memo. DOC
ILJ
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CITY of DELRA Y BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
0434 8OI.m1 BWNTON AVENUE. DEl.RAY BEAa-t, A..OfIDA 33444
II
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DATE: 1'/05
LOCATION MAP
F.E.C. Railroad Crossing
C S.E. 4TH STREET
1 of 1
--
\) ~--?> f2U2
(FE~ FLORIDA EAST COAST RAILWAY COMPANY
. ORIGINAL INVOICE
IMPORT ANT Show this Reference No. on all correspondence
-----...--->
IINVOICENUMBER IrnvOICEDATE I
40053675 09/19/05
IDUEDA!E I
10104105
This Invoice is due and payable no later than
--------->
CITY OF DELRAYBCH
100NW 1ST AVE
DELRA Y BEACH FL 33444
IN CASE OF ANY EXCEPTION TO THIS INVOICE
CONTACT ACCOUNTS RECEIVABLE
FEC RAIL WAY CO, ST,AUGUSTINE, FL
PHONE:(800) 342-1131
EXT: 2218,2221,2228,2241
Date Number Item Due Date Remark
09/19/05 40053675 001 10/04105 afe 750647: MP 317+1823'
Amount
20,427,72
Attachment:
Crolsing RehuiWSB 4 Street
Total Amount Invoiced
Balance Due
20,427,72
20,427.72
us FUNDS ONLY
INVOICE REMITTANCE SLIP
Customer Number I Name
188761 OTY OF DELRA Y BCH
IINVOICBNUMBERIINVOICB DATE I
40053675 09/19JtJ5
IDUEDATE I
10104105
I AMOUNT DUE
'XJ,4'Z7.72
US FUNDS ONLY
TO RECEIVE PROPER CREDIT
PLEASE DETACH THIS PORTION OF THE INVOICE
AND MAIL lTWITH YOUR CHECK TO:
I CHECK NO
I CHECKDATE II AMOUN!PAIDONTlDSBILL I
FLORIDA EAST COAST RWY LLC
POBOX 863029
ORLANDO FL 32886-3029
RECEiVEd
SE'P 2 '.3 2005
$.\I:COIJNTS PAyp,hlE
Date:
10 Nov 2005
AGENDA ITEM NUMBER: ')sN
AGENDA REQUEST
Request to be placed on:
--X... Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
15 Nov 2005
Description of Agenda Item (who, what, where, how much):
Request for Commission approval to reimburse Florida East Coast Railroad (FE C) an
amount of $20,427,72 for the reconstruction ofthe SE 4th Street crossing. In 1952 the
City entered into an Agreement with FEC in which the City is responsible for certain
costs related to the rehabilitation of this crossing.
Department Head Signature:
A:;2:al .
( ~U~
Staff Recommendation:
11-/<> -~
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: QNO Initials: rJ.:l
Account Number 334-3162-541-46.90
FEC Crossing Rehab - Ct(Irif f?R-;:a.i r i1 tLi t.-l C cSt 3
(;3f.p3948
I .
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: @/ No Initials: zr'Z1-
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin \FEC\2005-11-15 agenda,doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tlft/I,
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF NOVEMBER 15. 2005
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACfIONS
DATE: NOVEMBER 11, 2005
Attached is the Report of Appealable Land Use Items for the period October 24, 2005 through
November 11, 2005. It informs the Commission of the various land use actions taken by the designated
boards that may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\agenda memos\apagmemo 111505
~~";:~"""""]':W)F.E'::~::~~~if;;';;7,c~;'~$~:~",,~~'''1
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SUBJECT:
DAVI~~E ,CI
PAUL DORLlNG, DIREC 0 OF PLANNING AND ZONING
JASMIN ALLEN, PLANNERyacMV-:1 ~'1
MEETING OF NOVEMBER 15, 2005 "CONSENT AGENDA"
REPORT OF APPEALABLE LAND USE ITEMS OCTOBER 24, 2005 THRU
NOVEMBER 11, 2005
TO:
THRU:
FROM:
_........c...........=-.....;.. ..;.........-............c......_......-...;~.......;......;.'...:...!!'i..............'.......}!,......:......'...........i...........-..._........... ....!! ..Q_S1....itIi..~.-.IIII.i....~...."~.._""
,J. ,.,",",...,"' .__"..:._..",,,;.,,.,.. -"'..,...,......,..-.""..".".."."."",.",.".".,'",.-.':,,"~. .. "".-":"",':,".-,":,,.- "..:....:.",":".0::::::.-,":."' '''.'.''':::':'''''':::.'.'''::::.'.''."'.':.':.'.-""'''"'"''_'''.",,,"""""::::"""""""""",,,,,,,,,,,,,,,,,,,,,,,;,,,,,,,,,,,,,"',,,,,,,,,,,,,,,"',,,,"';,. '''''''__''''''''''''''_''''''_''''''''''~'''''_'"_"''''~'''''''''- ,. 0""..""...-.-"".....,,;...,,"..,. ..~""".", "."---"'""''''''''''''''
The action requested of the City Commission is review of appealable actions which were made by
various Boards during the period of October 24, 2005 through November 11, 2005,
III.,.-.,c.".. .,,:.'.,....,i...::.g...:.:......i.....i~.;.~~..,iE%2_~~Ti[iii_~.sf....~.c.......'-.;~.:.;.~..
'::' ,_, ".'.. .. . ". .::1, .. ."'. ",,_ "".. ." ,,,'.,.L "'"""""',"""""'""''''"'''__''_ ".,,,,",,,,,,,,_,,,.,,,, """""""""'~". '. ..-..-.-.-""".-.-".-"",""","""",","",,,,,,,_,,,,,0.,,",,,,,_.,, ,.- ,,,.. ;,,, ,,' ._~_""",-:",:"':_.,.-.'",, . "'" ,~.'. ".'.." ....,.,"..,K... "".. _ "._" ""____","",,",,. ".:
This is the method of informing the City Commission of the land use actions, taken by designated
Boards, which may be appealed by the City Commission. After this meeting, the appeal period
shall expire (unless the 1 0 day minimum has not occurred), Section 2.4,7(E) of the LDRs applies.
In summary, it provides that the City Commission hears appeals of actions taken by an approving
Board, It also provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the Commission
as an appealed item.
_~~glllllll~~
A. Approved (7 to 0), a request for an amendment to the master sign program for a physical
therapist's office at Delray Bay, located at the southwest corner of Lindell Boulevard and
South Federal Highway (200 Lindell Boulevard).
B. Approved with conditions (7 to 0), a request for an exception to the master sign program
for a retail shop (Whole Health), located within the Old Harbor Plaza at the northeast
corner of Linton Boulevard and South Federal Highway (1725 South Federal Highway),
C. Approved with conditions (7 to 0), a request for an exception to the master sign program
for a commerce bank at Delray Town Center, located at the northeast corner of Linton
Boulevard and Military Trail (4975 Linton Boulevard).
D, Postponed (7 to 0) a request for a color change for Elegant Beauty Supplies, Inc.,
located at the southeast corner of West Atlantic Avenue and Congress Avenue (2100
West Atlantic Avenue), The Board requested that the applicant reconsider the proposed
color schedule.
E. Approved with conditions (7 to 0), a Class I site plan modification associated with
elevation changes to the east and south elevations for Pompey Park, located at the
northwest corner of Martin Luther King Jr. Drive (NW 2nd Street) and NW 10th Avenue
(1101 NW 2nd Street).
City Commission Documentation
Appealable Items Meeting of November 15, 2005
Page 2
F. Approved with conditions (4 to 2, Connor Lynch and Andrew Youngross dissenting, and
Roger Cope stepped down), a Class III site plan modification to establish a private
charter school for Toussiant L'Ouverture High School for Arts and Social Justice,
within the Delray Square II Shopping Center, located on the east side of Military Trail,
north of West Atlantic Avenue (14610 South Military Trail). The architectural elevations
were approved on a 6 to 0 vote.
G. Approved (7 to 0) a request for a site plan extension for an additional 24 months
(expiring September 10, 2007) for Morse Kia, located at the northwest corner of South
Federal Highway and Avenue "F" (2500 South Federal Highway).
-~~~-
__ "".em," ._._
CO""",." .=,.,-----.."'=:~;~,,:';.c.:~.,'.::!,.:.i~7.t.::~;; '""....sT....~...-."'-....c...::,:~.,~7.......=..c.,}..'.'..F-.. .........'.'. .......c......:::,'._.:; """' ..'~ ...... .' ............ .................................. .. "_:., '" ",,,,,,,,.,,,,,,,,,,,,,,,,,"",,,,,,,,,:_":,,"_,,,,,~",:,,,,:",,:',,,, :",:,;: "..".. _ .,,:.:;.42::7/70,:.., """:::"'""-;?:~" .,:
_ ".. _~_=".,." .".........,....,.".....,,, ",""."" "co". ."."".. .... '!" ~ ,. "."."~,C". .,.0<. "_C, ....... , " """___,,....__ _~".".","" """""''''''''''''''''''''''"''"'"''''''''''''''''''''''''''''''''''''''''''''''''''~."'''',,... ,.. ",,,,,..,,,",,,,,,,,, " ." .. "", ..cO,'_ ."C,,".' .,:
No Regular Meeting of the Planning and Zoning Board was held during this period,
---
'"",,':;:"::::,",';0: "...""'"';'"7'"- .,,':'c~::"=~__ "" ,,- "' ,._.'.
_:;:':'~",,,, ::!I/'!f!f!?,fljig~i:t,%~,~~t.. if:ff!fff5..E.i!f:.lf.@i~. . .,;::;:,,;,:0:: -,=,~.." . ...",.~,.;:;::..;o::::.":?::::!.:.::,.:::",=..""",:""-,,.,::;=~~~'~~~~~~~,,~...:. ,^,,,,,,':3/~:/!':;h,,. rfj':f'j;.~.~,i:.":.:=..',,,, :.7.;.".:.,.\
No Regular Meeting of the Historic Preservation Board was held during this period.
~~.~~ -
By motion, receive and file this report,
Attached: Location Map
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CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
November 15, 2005
L.30CANAL
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A. DELRAYBAY
B. OLD HARBOUR PLAZA
C. DELRA Y TOWN CENTER
D, ELEGANT BEAUTY SUPPLIES, INC
E POMPEY PARK
F, TOUSSAINT L'OUVERTURE HIGH SCHOOL
G, MORSE KIA
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- - - -- CITY LIMITS --- - -
ONE MILE
GRAPHIC SCALE
CITY OF DELRA Y BEACH, FL
PLANNING & ZONING DEPARTMENT
NOVEMBER 2004
- - DIGITAL BASE MAP SYSTEM..
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MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER M
AGENDA ITEM # '6P- REGULAR MEETING OF NOVEMBER 15. 2005
AWARD OF BIDS AND CONTRACTS
TO:
SUBJECT:
DATE:
NOVEMBER 11, 2005
This is before the City Commission to approve the award of the following bids:
1. Purchase award to Ten-8 Fire Equipment, Inc. of Bradenton, Florida/Pierce
Manufacturing, Inc. in the amount of $382,450.00 for the purchase of one (1)
2006 Pierce Manufacturing, Inc. Special Operations Vehicle for the Fire
Department. Funding is available from 501-3312-591-64.25 (Central Garage
Fund/Heavy Equipment).
2. Approve a purchase order with Line Tech, Inc. in the amount of $25,000.00
via the City of Boynton Beach Contract, Bid No. 022-2821-04/JA for the
Water Service Relocation Project. Funding is available from 442-5178-536-
65.17 (Water/Sewer Renewal and Replacement Fund/Water Service
Relocations).
Recommend approval of the above bids and purchases.
$: \City Clerk \agenda memo\Bid Memo 111505
[ITY OF DElRRY REA[I'
FIRE.RESCUE DEPARTMENT
~- ~:,i-p[i\i',,'l .. i--jIGHi_AND BEACH
OElRAY BEACH
~MEMORANDUM
A11-Amorica City
Hili , TO:
. ,@ FROM:
David T, Harden, City Manager
Kerry B. Koen, Fire Chief
1993
2001
SUBJECT:
Purchase of Replacement Special Operations Vehicle
DATE:
November 9, 2005
The Fire-Rescue Department requests approval to purchase one (I) 2006 Pierce
Manufacturing, Inc. Special Operations Vehicle through Ten-8 Fire Equipment, Inc, of
Bradenton, Florida by utilizing a competitive bid executed by Lake County, Florida (Bid #99-
150), This bid has been used to previously purchase four fire suppression units for the City of
Delray Beach.
This new apparatus will replace a ] 988 GMC Special Operations Vehicle, which will be
used as a trade-in on the new apparatus, This purchase is part of our on-going fleet replacement
and modernization program and it is included in the current year's CIP Budget. This unit
provides our primary response capability for Hazardous Materials Incident management and
mitigation in the primary service area, and cooperative responses in conjunction with the City of
Boca Raton as part of our regional hazardous materials response mission,
The net purchase price, with discounts for chassis pre-payment ($9,026,00) and trade-in
value for the existing vehicle and the on-board, breathing air refilling system ($16,500,00), is
$382,450,00 from a unit base bid of $407,976,00, We also evaluated a proposal from Hackney
Emergency Vehicles of Washington, North Carolina with their net price being $407,049,00 from
a base unit price of $416, I 70.00, A copy of the pricing comparison spread sheet is attached, The
chassis pre-payment option has been evaluated by the Finance Department and determined to be
beneficial to the City,
You will find attached a proposal from Pierce Manufacturing, Inc, as well as an Agenda
Request for the November 15, 2005 Regular City Commission meeting.
f: ~. ~l
Kerry B. Koen
Fire Chief
CC: Asst, Chief Tomaszewski
Mr. Hasko
Mr, Rummel
Attachments: 4
FIRE-RESCUE OEPARTMEin HE-:ADOU/\RTERS" '::;0: \,V["~~T AI-LA.Nile A'JEf\JLJE" DELRAY BEACH,
(r;Ci i).13-7,~()O ~ F-;\::<. 1 24~~ ~',l(:~)
, ;,it
FL.ORIDA 33444
3f.1-
t::
Vendor ! Hackney Emergency Vehicles , Pierce Manufacturing
Total $416,170,00 $407,976,00
. -'"-~- ($5,121,00) ($9,026,00)
Chasis Pre-pay Discount ----
Sub-total $411,049,00 $398,950,00
Credit for Inspection Trips _ u.__ ($4,000,00) ---- ,. N/A
Trade-in 1988 GMC -- N/A ($16,500,00)
Cost of Proposal - --_.,- $407,049.00 $382,450.00
City of Delray Beach
501 West Atlantic BLVD
Delray Beach, Florida 33444
PROPOSAL FOR FURNISHING FIRE APPARATUS
November 7 2005
,
The undersigned is prepared to manufacture for you, upon an order being placed by you, for final
acceptance by Pierce Manufacturing, lnc" at its home office in Appleton, Wisconsin, the apparatus and
equipment herein named and for the following prices:
One Pierce Custom Dash Encore Rescue
$ 407,976.00
Pricing in accordance with Lake County Contract 99-150 for
Tag-On purchase,
Optional Pre Pay Discounts
Chassis Pre Pay of217,242,00 Wlorder will offer (9026,00)
Optional Trade
1988 GMC Mickey Rescue WI Air System $16,500,00
Total $ 407,976,00
Said apparatus and equipment are to be built and shipped in accordance with the specifications
hereto attached, delays due to strikes, war, or intentional conflict, failures to obtain chassis, materials, or
other causes beyond our control not preventing, within about 210-240 working days after receipt of this
order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at
Delray Beach, Florida
The specifications herein contained shall form a part of the final contract, and are subject to
changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the
company of the order to purchase, and provided such alterations do not materially affect the cost of the
construction of the apparatus,
. The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT)
rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA)
Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer
specifications, Any increased costs incurred by first party because of future changes in or additions to said
DOT or NFPA standards will be passed along to the customers as an addition to the price set forth above,
Unless accepted within 30 days from date, the right is reserved to withdraw this proposition,
URING, INC.
,
<pYetm.>
Ntidu-~--
emergency v~
AMERICA'S RESCUE LEADER
PROPOSAL
Hackney Emergency Vehicles
By:
~~
Mike Watts
All contracts and any subsequent payments are issued only to Specialized
Vehicles Corporation.
Price does not include any applicable taxes or license fees
Price valid for a maximum of 30 days, unless noted elsewhere herein.
911 West 5th Street - Washington, NC 27889
Phone 800-763-0700 - FAX 252-975-8393 - Email mwatts@hackneyusa,com
Visit us at www.rescuetrucks.com
An
~~~
---
Company
ee : JOidN h-->.e "'~
MEMORANDUM
To:
Kerry Koen, Fire Chief
From:~
Thru:
Rebecca S. O'Connor, Treasurer
Joseph M. Safford,l>:r~~tor of Finance
Subject:
Special Operations Truck
Date:
November 3, 2005
I have analyzed whether it is cheaper to pay $394,855 upfront (Option I) for a proposed
special operations truck or pre-pay $217,242 upfront and the remaining balance upon
receipt of the vehicle (Option 2). A comparison was made between the sum of the
discount and the estimated lost interest on the pre-paid amount for each option. We have
assumed receiving the vehicle 235 days from the day of the order and an interest rate of
$3.79%.
I recommend Option 2 which is the cheaper option by $299 based on these assumptions.
I have run additional scenarios not shown here but the final determination is that the
longer it takes the City to receive the equipment the cheaper it is, albeit minimal. See
table below.
Option 2 is also a better option in terms of liability in the event the vendor files for
bankruptcy. That is, we would be out $217,242 vs. $390,990. It should be confirmed
whether the vendor will be putting up a performance bond,
Options Discount Principal Lost Interest Net
Amount Discount
Option 1 (pre-pay ($13,121) $394,855 $9,769 ($3,352)
$394,855)
Option 2 (pre-pay ($ 9,026) $217,242 $5,375 ($3,651 )
$217,242)
Difference ($ 299)
Please give me a call if you have any questions.
..
1. Mod rlCBijon No.: 13 2, Contract No.: 99-150
Effe::tlve Date: May 22, 2005 Effective Date: July 19, 1999
" 3, COnlraclingOfficer. Rosean" Joh"':>l\, CPPB 5. ContTactor.Name and addres,:
TelEphone Number. (352) 343-9765 Pierce Mfg. 100
PO Box 2011 I
4. issue j By: ,
I.allll County, Florida Applelon, WI 54913
"rocul'9ment Snces
l.lIke County Administration Building , Atln: Robert Boggus
,115 W, Main St., Su~e 416
1--. Tavares Florida 32775-7eOO
6. ,>PECIAl. INSTRUCTIONS: If indicated. conlTacW is reo.uJr~ \0 ~1'1," B\o!;k 6 showln'1, acceptance of !he below written
'l1OCIit>:aUon and ,g;)JS this form t.o ..pd,"" shewn in Block 4 wiUIln ten 1101 days aft!llj,eceiot preferably by certlfied
"1l8l1to ensure a ~j'~,ten' of [losiflVe rp.~~~~ Re),:1in r.. photocopy 0' thl! Sl~n~d copy of this modification and attach to
~riainel of contract which was orevious rovlded,
7. De~;CRIPTION OF MODIFICATION:
-* :mnd contract through May21, 2006, per opeeiaI terms and conditions. Item 4,
!
)
8, ~.l)Otr:;ctN'S S~nalure: REOUIRED 9, L.~ CQ\lnty, Fi'Yil:lll
Nenle
By:
TiIlf \ 1':
'.""., t'",.. r ,I '.', , :
. ~. . . I;. .., .,'.. j,
Debl Contr..:li"9 Of(1<O<'f
10. :lislributlon:
Olig nai . Bid No, 99-150 ,,.,..". " .,', ,"...'.
" " i. , ,
Copies. Contraclor Dale .'
Public Safety
Contracting Officer
T en-8 Fire Equipmenllnc
MVU1rl"MIIVI,,,,r ....._I..~.'Or'O_.
lAKE COUNTY FLORIDA
~
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TOTRL P. 01
LAKE COUNTY, FLORIDA
, .
~. Modification No.: 6 2. Contract No.: 99-~50
"
Effective Date: May 2~, 2002 Effective Date: July ~9, ~999
.
) 3. contracting Officer: Roseann Johnson, CPPB 5. Contractor-Name and address:
Telephone Number: (352) 343-9765
Pierce Mfg. Inc
4. Issued By: PO Box 20~7 .
LaJo;e County, Florida -
Procurement Services ~
Appleton, WI 549D
Lake County Administration Building
3~5 W. Main St., Suite 4~6 Attn: Robert Boggus
Tavares, Florida 32778-7800
required to -,
6. SPECIAL INSTRUCTIONS: If indicated, contractor is sign Block 8 showing
acceptance of the below written modification and return this form to address shown in
Block 4 within ten (~O) davs after receiot. preferably by certified mail to ensure a
system of positive receipts. Retain a photocopy of the signed copy of this
modification and attach to original of contract which was previously provided.
7. DESCRIPTION OF MODIFICATION:
ADD: Pierce Mfg. Co. will sell under the same terms and condi1;:ions, for the same
price, to other governmental/public agencies in the State of Florida.
ADD: Contract will hereby be modified to include a II percent (.005) administrative
fee charged to any entity accessing the contract.
.
AMEND : This Contract is effective from May 2~, 2002 through May 20, 2003 except the
County reserves the right to terminate this Contract immediately for cause and/or lack
.
of funds w1th th1rty (30) days wr1tten not1ce for the conve~1ence of the County. Th1s
contract also provides for four additional twelve (~2) month renewals at the County's
sole option at the terms noted in the Bid.
Name
Contractorls Signature:
8.
Title
Date
Original
Copies -
- Bid No. 99-~50
Contractor
Fire Rescue
Contracting Officer
Risk Management
Ten 8 Fire Equip. Inc.
, By:
9. Lake County, Florida
~
Procurement S vic~s Director
f/D 1Yli9/OJuDd..,
/
Date
BID REQUEST NO. 99.1,50
SPECIAL TERMS AND CQlll.DITIONS
CAQE'1bf~
SPECIAL TERMS AND CONDITIONS
1. INTENT OF BID: It is the intention of this bid request for the County to enter into contract
with a single bidder for: 1 an initial urchase of the specific fire apparatus specified on the
bid sheet and. (2) to P.IGY!9.e for an inc!El!inite 9~ty contra.ct WIt t e awar e I er or
future ourchases of various hereto specified and unspecified fire apparatus. The resulting,
contract shall guarantee the construction and delivery to the County any additional fire ,
apparatus as may be required by the County throughout the initial contract term and any
subsequent contract renewal periods.
2. PRICING FOR THIS BID REQUEST AND SUBSEQUENT CONTRACT: Bidders shall price the
specific fire apparatus specified (Bid Sheet, paQe 1 of 4. Item No. 11 usino tpe pricing
structure bid stated on Bid Sheets land 2.
Bidders must submit with their bid response sufficient information for the County to verify
that the bid prices offered for the required fire apparatus have been calcul!!ted using, t~
pricing structure on the Bid Sheet.
ThrouQhout the term of any contract awarded as a result of the Bid Request, thepripe
structure provided on Bid Sheets 1 and 2 by the successful bidder will be utilized by the
Countv to price any vehicles purchased aQainst the contract.
Within the contract period, the County reserves the right to verify prices by examination of
dealer or distributor's invoices and to evaluate all proposed purchases with respect to
reasonableness of price. The County may reject any proposal made by the contractor in
favor or renegotiation or bidding.
3. CONTRACT PERIOD: Any contract derived from this request shall be effective for the
,approximate twelve (12) month period immediately following the date of award.
4. OPTION TO RENEW CONTRACT: The County reserves the sole right to renew said contract
for four (4) additional twelve (1 2) month periods at the same pricing sti"ucture,
specifications, and terms and conditions of any contract derived from this bid request.
5. ESTIMATED QUANTITIES: Any contract entered into will be of the Hopen end" type, The
contractor will deliver such quantities as may be ordered, and the contract shall be binding
only for the actual quantities ordered during the contract period. Orders will be issued
throughout the contract period as needs are determined.
The quantities indicated on the bid sheet are the apparatus that will be ordered initially with
award of this bid request. The County anticipates ordering six (6) additional apparatus in
fiscal year 2000 and six (6) additional apparatus in fiscal year 2001.
6. CONTRACT PRICING: The set pricing structure bid (percentage above bidder's dealer net
I cost for vehicles, equipment options and vehicle accessories and percentage discounts from
identified price lists for cab and chassis parts and body parts) shall remain firm throughout
the original contract period for apparatus and for any subsequent contract renewal periods
Ioak. County P==_t S.rvic..
P.O. Box 7800
315 W. 'K&.in. Room 416
Tavar... FL 32778-7800
BXIl RBQtJBST NO. 99 -15
BXIl SDl!:'
PAGB 1 OF
,
)
S~_2 TO ADDRBSS:
AS REQUIRED ON EACH ORDER
BrD smmor
INVOICB TO:
LAKE COUNTY EMERGENCY SERVICES
PO BOX 7800
TAVARES, FL 32778-7800.
TH:IS IS HOT AN ORIlER
Pric.. F.O.B. Destinatio:.
REQ. ITEM UNIT EXTENDED
NO. NO. ITEM AND SPECIFICATION QUANTITY UNIT PRICE PRICE
1- FIRE APPARATUS, PER PRECEDING 5 EA $141.7')4.4 $ 71B.772.20
SPECIFICATIONS
STATE SET PERCENT ABOVE BIDDER'S
NET COST FOR THE FOLLOWING:
VlllUCLES : 4 \-
l!:Qtl'IPKBN'l' OPTIONS: 1n \-
VEHICLE ACCESSORIBS: 1 n \-
STATE PERCENTAGE DISCOUNT FROM
I IDENTIFIED PRICE LIST(S) FOR THE
FOLLOWING:
CAB/CHASSIS PARTS: 1 n t
PRICE LIST Pierce Mfq. . OEM PE>OP
DATE OF PRICE LIST 2/99
BODY PARTS: 10 t
.
PRICE LIST Pi PT<",p Mfo_ OEM PPC IP
DATE OF PRICE LIST 2/99
. , I
I
REQUIRED DELIVERY DATE VENDOR DELIVERY DATE CREDIT TERMS Contracting Officer:
Roseann Johnson
270 Days ARO 1/2%, Net 10 Tel. No. (352)343-9765
hereby agree to f~sh the 1tems on wh1ch pr1ces are quoced above and on subsequent pages l'
cordance with all terms and conditions previously listed and any attached specifications.
=y Name Pi pre.. Manufacturinq. Inc.
I
dress 2600 AmeriCgrive .
:;NATURE OF BIDDER /___ :..-LId ~
PF.'n n'Q D'DTl\J""T"Pn J.J'7\U'I:'I 1""\"" .............._ 'C"""}..,,""'....~ I:t D______
FEIN# 39-0139830
Date 6/21/99
54915
City, State, Zip Appleton , Wisconsin
TITLE Authorized Sales Representat
Date: November 9.2005
AGENDA ITEM NUMBER: <i?~1
AGENDA REOUEST
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: November 15. 2005
Description of agenda item (who, what, where, how much):
Approval to purchase one (1) 2006 Pierce Special Operations emergency response vehicle
for the Fire-Rescue Department through Ten-8 Fire Equipment Inc. of Bradenton. Florida
in the amount of $382.450.00.
Department Head
Signature:
V~Dt
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure offunds):
Funding Available: ~o Initials: tJ:;{
Account Number 6/)1 - 33/2 - :s9/.(, 1(- Z J
Description H~aui.( EgV..I?rrlf.-T
Account Balance: '.3 g Z, tj SD tAJ / fytLns-/!-t r-'
,
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda:@/ No Initials: rJL1
Hold Until:
Agenda Coordinator Review:
Received:
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
www.mvdelravbeach.com
FROM:
David T, Harden
City Manager
Dan Beatty, p;;r~
Deputy Direct 0 Public Utilities
TO:
DATE:
November 7,2005
SUBJECT: Water Service Relocation
Attached is an Agenda Request to issue a purchase order for water service relocation
from rear yard to front yard in the amount of $25,000.00 to Line-Tech, Inc. The Water
and Sewer Network Division has identified several areas of the City that require
relocation of the water service from old mains in the rear of the lot to new mains in the
front of the lot. Establishing an open purchase order with Line-Tech, Inc, will allow for
prompt response when these services are encountered. The relocation work is based on
unit prices identified in the continuing contract with the City of Boynton Beach (Bid No,
022-2821-04/JA). The purchase order to Line-Tech, Inc. will be funded from 442-5178-
536-65,17, Water Service Relocations (budget transfer attached).
Please place the item on the November 15, 2005 Agenda for consideration by City
Commission.
Attachments
cc: Richard C. Hasko, P.E., Director of Environmental Services
Scott Solomon, Water & Sewer Network Manager
Patsy Nadal, Purchasing
City Clerk
Agenda File
S:\Environmental Services\Dan Beatty\11-15-05 Une-Tech Agenda mem.doc
~~~
11/03/2005 12:53
5617426316
BOYNTON BCH FINANCE
PAGE 01
-. '_..u__
-- -- -- -.. -
-- ---- ---.-
The City Of
Bo ton Beach
PRoa~BJIIRv.rOEs
100.& BOYN!l'oN B.liJ4QH
BOtl:lJi:v .uaJ
P.O. BOXtlZO
BOl'2\'n}N l1.l/W0H; F.UJRlDA,
stUSs-08.l0
rl'1ilL1IJpaON/E NO: f58.l) 7411-88Bo
FAX: ($dt) 7411-8806
February 4, 2004
LINE - TEC lNC
1210 S.E. IS? STREET
BOYNTON BEACH, FL 33435
AlTN: SCOn ELLSWORm
RE:
"TWO (2) YEAR CONTRACT FOR SUPPLY & INSTALLATION OF
WATER SERVICE CONNEcnONS & RESTORATION"
BID 1# 022-2821-04/JA
CONTRACT PERIOD: FEBRUARY 15, 2004 TO FEBRUARY 14, 2006
Dear Mr, Ellsworth,
At the City Commission meeting of February 3, 2004, the Bid for "TWO (2) YEAR
CONTRACT FOR SUPPLY & INSTALLATION OF WATER S~VICE CONNEcnONS
& RESTORATION" was awarded to your company,
As stipulated within the Bid specifications, your company's original certificate of insurance is to
be provided to our Risk Management Department at your earliest convenience, nanllnl!: the Citv as
additionally insured.
We would like to thank you for responding to this Bidand look fc;>rw~ to working ~th you'ct.
tabulation sheet is enclosed for your review. Purchase Orders WIll be lSsued on an as need
basis.
. ding this nrn;ect please call this office at (561) 742-6322.
If you have any questions regar ..--, ,
Sincerely,
~.~~~ ~.
Bill Atkins "
Deputy Director of Financial Serv1ces
IJA
co:
801> K<osyon_~Du-orUlil~
Cooboy-U_~;uIm--
, =-lIIkIdnin _Ulllill. (M" Service supcrvtsorl
Ccntnol File
PD.
TWO (2) YEAR CONTRACT FOR SUPPLY & INSTAllATION OF WATER SERVICE
CONNECTIONS & RESTORATIONS
'OllwI.........___II.-.,....."'.......Dnl~oIIMs
BID OPENING DATE: JANUARY 7, 2004 .-..d....O>Iy.. "''''' It><>.. "'''''M''ll''''' end1lm.
BID OPENING TME: 2:30 P.M. ...1_....... .uII"'~dln..."""....1I>io ._n,
BID#022~2821.Q4fJA h"y...._by..jKlo~.._
IVEt-OORS IN:. TEe N: NifliNeENGlNEERlNGCON'lltICTOIUlINC
12105.E. 1ST STREET 19511OthAwnueNorth
BO'l'NTON BEACH, Fl 33435 L..keWorth,FI33461
(561)37"9494 (561)588-8999
! FAX FAX
ORIGINAL No6J TWO (2) COPES SUBMTTEO
YES YES
I 1 Fwmll~.ndln.mlI_.__
~n"""CIlrm..HMm_ Eaoh $250.00 .Kh $1,800.00
Ioho........'"...-..MoS..l.
,
, 2 """'..~.ndlrl.IIOIII.._....40PVC UnearFaoI $3.75 UneIll'Foot $2.00
_...plpool.""...tnolloo1_.......
3 1.........nal1....__.ndlld NllIllI:tlonl*knIiI S3000 nllllll\lQnJ*""" $100.00
. IrI..lllllonolTm_b....ndlld ...~lonperuni1 "'00 ...........perunit $150.00
I
, , Fu.....~..In..I..."Ineto<:DFJlOl'll..."."'" r.slIMlIIior.' Instakttionl
I In".__....n"lrllloopll! materiln perun~ 1450,00 materi.perW'l1 $1.800.00
I
. 1no.I"lIOlIlIliptb.I*"~"Z.'''''''' ~~~~ $1.00 ~.IItio/l: ~~:~
I ~...._PItCCMIn $1700 .,_.... 0.00
7 Pl'lt:8lo_ln_bandoll"-_'''' labor-unil $125.00 --.... 1600,00
hm...11 wIN 1:1. uMd.. unit prlc:Ing for'" OF WMw'MnM to...h.wt<< uKUllon offftls JNOJ<<;L
. """'..h.nclln..IIS"pto.......-.box 1..."llI............__ $810,00 ....llI.!bnkn._lI. $1.800.00
"~ "~
9 1ft........nllWl"'l<-,p.rt>Cll,ol'.DlP...... n1'a.tion $1,00 ~1Iillon: $20.00
m.1n ....II___QIl Prleeperfool $45.00 Price per foal S30.00
10 ...lIll1......of",.~)dfMl_.....bI)r_,.
gtI........compIR nmlal:iononly $2.000,00 ~bl:ionoAy $5,000.00
11 1"""..lIonol.....p'-~ lnltalal:iononly $100,00 ....._"""
12. .lno"lldc>nol"ppl"8..........d.........1
""n-pII-_. Sot.N..' 52150.00 s..N.,' $3,000.00
12b .Ino._nol.pplftg._....d..........
1""...... Sot. Not..' $2.850,00 s..HohI" $3,500.00
.~~:====~:r::c..=~-:~~~:::;~kMie~~.:O~~
:=::i:=::=:~.;~.......,~.
13 Add_.I_tlDt..-dillllln9_ """'.... $2.00 """'.... $15.00
" Add_.I_tfor.._of.."".H
-. Sq-"'" "" ......- 13"
" Addlllon__I.......................<nolO
_}lJII_a Sq-"'" 57 SO .......... 13,"
" ~_.." ........ "'00 ........ $18.00
17 HDl6Iyf'llllo....._,._ ........ 550,00 ........ $100.00
" HDwtyf'llllo"'__.._ ........ 51500 ........ $100.00
19 HDIII1)'......boo1ng............_ Po,,,,", 5225.00 ....... $500,00
" _up Dn_..._tforJlddIllo>".,1
"'"11__(11"""'.....),_<1"" ""'... ". .'""'" """
ioI-.pr-.;Dy...ndD<ln_g ....."" """'"
""'_"'_1
NlAeER OF BD PROPOSAlS SUBMTTEO 0,,", ONE
EVDENCE OF POSSESSON OF REQUREO
LeENSES ,'OS YES
SPECFICATION "Ct-ECK~F" SHEETS
(PAGES 3-5) Sl8MTlEO YES YES
NrrIoKICKBACK AFFDAVIT SUBMTTEO YES YES
CON"RaM.TlON OF MNORrTYOWNEO
BUSNESS Sl8t.fTTEO YE...,r YE...,r
CON"R""TION OF DRUG FREE YES YES
WORKPlACE SUBMTTEO
COME"" SEE ,tOOlTONAI.. SERVICE COSTS 'SEE OOTATlONS
AGENDA REOUEST
Agenda Item ~:::J.
No.
Request to be placed on:
---.X.- Reguiar Agenda
_ Special Agenda
_ Workshop Agenda
Date: November 7. 2005
When: November 15. 2005
Description of item (who, what, where, how much): Staff reQuests Commission Approvai of a purchase
order to Line-Tech. Inc. for water service relocation. The work wili be based on unit prices outlined in the
continuing contract with the City of Bovnton Beach. The purchase order from Line-Tech. Inc. is for
$25.000,00 and wili be funded from 442-5178-536-65.17. Water Service Relocation,
ORDINANCElRESOLUTION REQUIRED: YES/NO DRAFT ATIACHED YES/NO
Recommendation: Staff recommends approvai of the purchase order to Line-Tech. Inc,
_h~.W"-_rtdL.JJ12
11-7-uS
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (re~~~n.'e~'fn ail itc;ms involving expenditure of funds):
Funding available: ~O rJlbUd~1 ~..Q ,/
Funding alternatives i: applicabie) .
Account No. & Description Lf.'12 -1;;;178 - 63/0. (,;5 -/7- Wa ,. Service 7l/oc.a. Don 5
Account Balance 1> "2<; 000
City Manager Review: .
Approved for agenda: ~,s'/NO t!/v1
Hoid Until: C/' ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\Environmental Services\Dan Beatty\11-t5-05 Line-Tech agenda.doc
,~
[IT' DF DElARY BEA[H
CITY ATTORNEY'S OFFICE
,'!'I! 'iW h! .\VEf\\ I . ; ,( I k W 11b\CH, FLORIDA 33444
iTiJ-.PIIO],\L: 5hl..'2 ~f(J')li. !'i\CSIl'vllLE: 561/278-4755
DELRA Y BEACH
, l o. D ~
....
AII-AmBrica City
, , II ,: DATE:
Writer's Direct Line: 561/243-7091
MEMORANDUM
November 15, 2005
1993
2001
TO:
City Commission
David Harden, City Manager
ryuD
FROM:
Terrill C. Barton, Assistant City Attorney
SUBJECT: Visa Check/MasterCard Class Action Litiqation
Our office is requesting authorization to participate in the Visa/MasterCard Class
Action lawsuit for antitrust violations occurring from October 25, 1992 to June 21,
2003. The City did utilize Visa/Mastercard during the above-referenced time
period and may be entitled to approximately $2,000 through various departments
that utilized the Visa/Mastercard payment for their services.
Please place this item on the November 15, 2005 City Commission agenda as the
deadline to participate is November 28, 2005. Please call if you have any
questions.
Thank you.
TCB:smk
cc: Chevelle Nubin, City Clerk
<6'CV
City Of Delray Beach
Department of Environmental Services
MEMORAN
v~
W1
D
u
M
www.mydelraybeach.com
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., Environmental Services Director
SUBJECT: OLD SCHOOL SQUARE PARKING GARAGE
CM AT RISK CONTRACT - PRECONSTRUCTION SERVICES
DATE: November 15,2005
Attached is the agreement and related proposal from Catalfumo Construction for the preconstruction
services phase of the Old School Square Parking Garage CM at Risk Contract. The scope of services
is as listed in Article 2.1 of the Agreement and the total fee for this phase is $129,586.91. This is
approximately 1.14% of the current estimated construction cost for the facility.
Please note that portions of this agreement, e.g., construction time in Article 12 and provision of
bonding requirements, will be modified with receipt of the GMP and final contract execution prior to
commencement of construction.
~
Funding for this agreement is available in Parks & Recreation Bond Fund account #380-4150-572-
63.29, Old School Square. Please place this on the agenda for the November 15,2005, meeting for
consideration by City Commission.
(U ~ m+ b tl (Cu'u:-e :
1-8[577;)3-
I /
8.K
CONSTRUCTION MANAGER AT RISK SERVICES
THIS CONTRACT, made and entered into , between the CITY
OF DELRA Y BEACH, a Florida municipal corporation, hereinafter referred to as .Owner"
and , hereinafter referred to as the
"Construction Manager".
WITNESSETH:
That the said Construction Manager having been awarded the contract for the:
PROJECT NAME: OLD SCHOOL SQUARE PARKING GARAGE
PROJECT NO. 2004-044
hereinafter referred to as "Project" and in accordance with the Construction Manager's
Proposal therefore and for and in consideration of the promises and of the covenants and
agreements, and of the payments herein specified, to be made and performed by the
Construction Manager and the Owner, the Construction Manager hereby covenants and
agrees to and with the Owner to undertake and execute all of the said named work, in a
good, substantial and workmanlike manner, and to furnish and pay for all materials, labor,
supervision, equipment, supplies, fees, expertise, and services necessary to fully complete
all work in accordance with all requirements of the Contract Documents and in accordance
with all applicable codes and governing regulations
ARTICLE 1 - The Construction Team and Extent of Aqreement
1.1 The Construction Manager agrees to furnish its best skill and judgment and to
cooperate with the ArchitecUEngineer in furthering the interests of the Owner. The
Construction Manager agrees to furnish efficient business administration and
superintendence and to use its best efforts to complete the Project in an expeditious and
economical manner consistent with the interests of the Owner.
1.2 The Construction Team: The Construction Manager, the Owner, and the
ArchitecUEngineer (the "Construction Team") will cooperate together through construction
completion. The Construction Manager shall provide leadership to the Construction Team
on all matters relating to construction. The ArchitecUEngineerwill provide leadership to the
Construction Team on all matters relating to design. Nothing herein is intended to make
the Owner liable for the acts or deeds of the Construction Manager.
1.3 Extent of Aqreement: This Agreement is complementary to the Conditions of the
Contract, and together with them, represents the entire agreement between the Owner and
the Construction Manager and supersedes all prior negotiations, representations or
agreements. What is called for by anyone shall be as binding as if called for by all.
Where this Agreement is expressly in conflict with the Conditions of the Contract, the most
stringent requirement to the Construction Manager shall control. Where this Agreement is
silent, the Conditions of the Contract, and the requirements of the Drawings and
A-I
Specifications (to be furnished later) will prevail. This Agreement may be amended only by
written instrument signed by the Owner and the Construction Manager.
1.4 Terms used in the Contract shall have the following meanings:
.1 "Construction Team" means Owner, ArchitecUEngineer and Construction Manager.
.2 "Consultant" means the ArchitecUEngineer, and the terms will be used
interchangeably;
.3 "Contractor" means Construction Manager, and the terms will be used
interchangeably;
.4 "Contract Sum" means Guaranteed Maximum Price, and the terms will be used
interchangeably.
.5 "Owner" means the City of Delray Beach, and the terms will be used
interchangeably;
.6 "Subcontractor" means Trade Contractor, and the terms will be used
interchangeably; and,
.7 "Work" means the totality of the obligations, including construction and other
services, imposed on the Construction Manager by the Agreement, whether
completed or partially completed and including labor, materials, equipment and
services provided or to be provided by the Construction Manager to fulfill the
Construction Manager's obligations. The Work may constitute the whole or a part of
the project.
ARTICLE 2 - Construction Manaqer's Basic Services
2.0 The Construction Manager's Basic Services under this Agreement include
preconstruction phase services and construction phase services.
2.1 The Preconstruction Phase. It is the intent of the Owner to engage the
Construction Manager as an active participant in the design process working with the
Owner and ArchitecUEngineer in maintaining the project budget and project scope. The
Construction Manager shall:
2.1.1 Provide preconstruction deliverables consisting of 7 copies of reports at Schematic
Design, 100% Design Development, 50% Construction Documents, and 100%
Construction Documents together with a Guaranteed Maximum Price proposal. The
reports shall include a complete discussion and summary of the services provided in
accordance with Subparagraphs 2.1.2 through 2.1.8 herein below, including the schedule
and a detailed cost estimate.
2.1.2 Review designs during their development. Proactively advise the Architect with
regard to the most effective approach for designing the project regarding issues of on site
use and improvements, selection of materials, building systems and equipment. Provide
recommendations on relative feasibility of construction methods, compliance with
applicable laws, codes, design standards, and ordinance, availability of materials and
labor, time requirements for procurement, installation and construction and factors related
to cost including, but not limited to, costs of alternative designs or materials, preliminary
A-2
budgets and possible economies, while maintaining the Owner's design objectives.
2.1.3 Provide, for the ArchitecUEngineer's and the Owner's review, a Project Schedule
that coordinates and integrates the Construction Manager's services, the
ArchitecUEngineer's services and the Owner's responsibilities with anticipated construction
schedules. The Construction Manager shall update this schedule periodically, as required.
By providing these schedules to the ArchitecUEngineer and Owner, the ArchitecUEngineer
and the Owner do not in any way acknowledge or consent that the schedules are
acceptable or reasonable, but they are simply reviewing same for their own informational
purposes.
2.1.4 Prepare for the Owner's approval a detailed estimate of Construction Cost, as
defined in Article 8 herein, developed by using estimating techniques which anticipate the
various elements of the Project, and based on design documents prepared by the
ArchitecUEngineer. Update and refine this estimate periodically as the ArchitecUEngineer
prepares Construction Documents. Advise the Owner and the ArchitecUEngineer if it
appears that the Construction Cost may exceed the Project budget. Make
recommendations for corrective action.
2.1.5 Coordinate Construction Documents by consulting with the Owner and the
ArchitecUEngineer regarding Drawings and Specifications as they are being prepared, and
recommending alternative solutions whenever design details affect construction feasibility,
cost or schedules.
2.1.6 The Construction Manager agrees that time is of the essence in maintaining the
project schedule. In an effort to achieve the project schedule, the ArchitecUEngineer will
rely upon the input and recommendations of the Construction Manager in preparing the
project documents, recognizing that cost is one of a number of issues which will influence
the selection of building components and systems.
2.1.7 It is incumbent upon the Construction Manager to advise the ArchitecUEngineer of
recommended building components and systems before the design professionals have
comprehensively documented the materials, systems and equipment within the project.
2.1.8 Advise on the separation of the Project into contracts for various categories of Work.
If separate contracts are to be awarded by the Owner, review the Drawings and
Specifications and make recommendations as required to provide that (1) the Work of the
separate contractors is coordinated with that of the Trade Contractors, (2) all requirements
for the Project have been assigned to the appropriate separate contract, (3) the likelihood
of jurisdictional disputes has been minimized, and (4) proper coordination has been
provided for phased construction.
2.1.9 Develop a Project Construction Schedule providing for all major elements such as
phasing of construction and times of commencement and completion required of each
Trade Contractor. Provide the Project Construction Schedule for each set of bidding
documents. Develop a plan for the phasing of construction.
A-3
2.1.9.1 Establish a schedule for the purchase of materials and equipment requiring long
lead time procurement, and coordinate the schedule with the early preparation of portions
of the Contract Documents by the ArchitecUEngineer. Expedite and coordinate delivery of
these purchases.
2.1.10 Provide an analysis of the types and quantities of labor required for the Project
and review the availability of appropriate categories of labor required for critical phases.
Develop bidding packages designed to minimize adverse effects of labor shortages.
2.1.11 Develop procedures which are acceptable to the Owner for the prequalification of
Trade Contractors. Develop Trade Contractor interest in the Project and publicly advertise
and conduct pre-bid conferences with interested bidders to review the documents. Take
competitive bids on the Work of the various Trade Contractors or, if authorized by the
Owner in writing, negotiate for the performance of that Work. The Construction Manager
may require bidders to submit bid bonds or other bid security acceptable to the
Construction Manager as a prerequisite to bidding on the Work. Analyze and evaluate the
results of the various bids and their relationship to budgeted and estimated amounts, and
prepare for review with the Owner and ArchitecUEngineer a bid tabulation analysis and
such other support data as necessary to properly compare the various bids and their
responsiveness to the desired scope of Work. Specifically, review the scope of Work in
detail with apparent low responsive bidders to determine that their bids are complete but do
not include duplicate scope items. Maintain records of all pre-award interviews with
apparent low bidders.
2.1.12 Attend periodic meetings of the Project Team.
2.1.13 Based upon Drawings and Specifications produced by the ArchitecUEngineer,
develop Guaranteed Maximum Price (GMP) Proposal(s), including, a Project Construction
Schedule, itemized by Trade Contract, for phases of Work as required by the Owner. If the
documents as prepared by the ArchitecUEngineer are not adequate for the development of
a Guaranteed Maximum Price, the Construction Manager shall notify the Owner
immediately, prior to developing the GMP. All assumptions made by the Construction
Manager in the development of the GMP shall be specifically listed in the GMP proposals,
and the GMP will not be adjusted due to assumptions made by the Construction Manager,
but not included in the GMP Proposal.
2.1.13.1 If the GMP Proposal is accepted, in writing, by the Owner, it will become an
Amendment to this Agreement which will establish the GMP, Contract Time, and liquidated
damages for that phase of the Work. A Construction Bond and Form of Guarantee on the
Owner's standard forms and Builder's Risk Insurance Policy shall be provided by the
Construction Manager simultaneously with the GMP Amendment. Also. items 14.14 -
14.16 shall be orovided with this Amendment.
2.1.13.2 If the GMP proposal is not accepted by the Owner, the Owner shall so notify the
Construction Manager in writing. The Construction Manager shall then recommend
adjustments to the Work through value engineering. The Construction Team and Owner
will discuss and negotiate these recommendations for no more than 14 calendar days,
A-4
unless an extension is granted in writing by the Owner. If an acceptable GMP is not
developed, negotiations may be terminated, and the Owner may initiate negotiations with
another Construction Manager or separately bid the project.
2.1.14 The Construction Manager's personnel to be assigned during the Preconstruction
phase and their duties to this project will be attached as an Exhibit.
2.2 Construction Phase. Unless otherwise authorized by the Owner, all Work shall be
performed under Trade Contracts held by the Construction Manager. The Construction
Manager shall not bid on any of the Trade Contractor Work or perform such Work with its
own forces without the prior written consent of the Owner. The Construction Manager
shall:
2.2.1 Administer the construction phase as provided herein and in the Conditions of the
Contract, which include the following: General Conditions, and Special Conditions, and
bear full responsibility for any and all acts or omissions of those engaged in the Work on
behalf of the Construction Manager.
2.2.2 Commence the Work within 10 days after receipt of the executed Guaranteed
Maximum Price Amendment and Notice to Proceed from the Owner.
2.2.3 Promptly award and execute Trade Contracts with approved Trade Contractors.
Provide copies of fully executed Trade Contracts, insurance certificates and, if required,
bonds to the Owner.
2.2.4 Manage, schedule and coordinate the Work, including the Work of the Trade
Contractors, and coordinate the Work with the activities and responsibilities of the Owner,
ArchitecUEngineer and Construction Manager in order to complete the Project in
accordance with the Owner's objectives of cost, time and quality. Develop and maintain a
program, acceptable to the Owner and ArchitecUEngineer, to assure quality control ofthe
construction. Supervise the Work of all Trade Contractors so that the work conforms to the
requirements of the plans and specifications. Provide instructions to each Trade
Contractor when its Work does not conform to the requirements of the plans and
specifications so that the work conforms to the requirements of the plans and
specifications, and continue to manage each subcontractor to ensure that corrections are
made in a timely manner so as to not affect the progress of the Work. Should
disagreement occur between the Construction Manager and the ArchitecUEngineer over
acceptability of Work and conformance with the requirements of the specifications and
plans, the Owner shall be the final judge of performance and acceptability.
2.2.5 Maintain exclusively for this Project a competent full-time staff at the Project site to
coordinate and direct the Work and progress of the Trade Contractors on the Project. The
Construction Manager shall maintain sufficient off-site support staff, and competent full
time staff at the Project site authorized to act on behalf of the Construction Manager to
coordinate, inspect and provide general direction of the work and progress of the Sub-
Contractors and he shall provide no less than those personnel during the respective
phases of construction that are set forth in an Exhibit to the GMP Amendment. He shall
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not change any of those persons unless mutually agreed to by the Owner and Construction
Manager. In such case, the Owner shall have the right of approval of the qualifications of
replacement personnel. All of the Construction Manager's on-site management and
supervisory personnel shall be consistent with the interview presentation and shall not be
removed or replaced without the Owner's consent. The Owner shall have the right to direct
the Construction Manager to remove or replace anyon-site personnel whose performance
becomes unsatisfactory to the Owner. In such event, the Construction Manager shall
promptly replace such personnel, without consideration of additional compensation for the
replacement.
2.2.5.1 Establish on-site organization and lines of authority in order to carry out the overall
plans of the Construction Team. Identify an on-site staff member to represent the
Construction Manager, on a daily basis, with authority to negotiate change orders and
contract modifications on behalf of the Construction Manager. Make available such
executive personnel as necessary to execute change orders or other contract modifications
on behalf of the Construction Manager so as not to delay the progress of the Work.
2.2.6 Establish procedures for coordination among the Owner, ArchitecUEngineer, Trade
Contractors and Construction Manager with respect to all aspects of the Work. Implement
such procedures, incorporate them into a project resource manual, and distribute manuals
to the Construction Team.
2.2.6.1 Require of the various Trade Contractors such Coordination Drawings as may be
necessary to properly coordinate the Work among the Trade Contractors.
2.2.6.2 In coordination with the ArchitecUEngineer, establish and implement procedures for
tracking and expediting the processing of shop drawings and samples, as required by the
Conditions of the Contract.
2.2.7 Schedule and conduct weekly progress meetings with Trade Contractors to review
such matters as job procedures, job safety, construction progress, schedule, shop drawing
status and other information as necessary. Provide prior notice to Owner and
ArchitecUEngineerof all such meetings, and prepare and distribute minutes. Attend Team
meetings with the ArchitecUEngineer and Owner, as scheduled by the ArchitecUEngineer.
2.2.8 Review the schedule with the various Trade Contractors and review, or expand, the
level of detail to incorporate specific Trade Contractor input consistent with the overall
completion requirements. Regularly monitoring and update the Project Schedule and
various sub-networks as construction progresses. Identify potential variances between
scheduled and probable completion dates. Review schedule for Work not started, or
incomplete, and make adjustments in the schedule to meet the scheduled completion date.
Provide summary reports of each monitoring and document all changes in schedule.
Regular schedule updates and reporting shall be included as part of the monthly project
report outlined in Subparagraph 2.2.16 herein.
2.2.9 Determine the adequacy of the Trade Contractors' personnel and equipment, and
the availability of materials and supplies to meet the schedule. In consultation with the
Owner and the ArchitecUEngineer, take necessary corrective actions when requirements of
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a Trade Contract or a Trade Contract Schedule are not being met.
2.2.10 Whenever Owner-Furnished Contractor-Installed (OFCI) materials or equipment are
shipped to the Project site, the Construction Manager shall notify the Owner and shall be
responsible for their acceptance, proper storage, and incorporation into the Work provided
the scope of the Owner-Furnished Contractor-Installed (OFCI) work is included within the
Guaranteed Maximum Price.
2.2.11 Develop and maintain an effective system of Project cost control which is
satisfactory to the Owner. Revise and refine the initially approved Project Construction
budget, incorporate approved changes as they occur, and develop cash flow reports and
forecasts as needed. Identify variances between actual and budgeted or estimated costs
and advise Owner and ArchitecUEngineer whenever projected costs exceed budgets or
estimates. Cost Control reports shall be included as part of the monthly project report
outlined in Subparagraph 2.2.16 herein.
2.2.12 Maintain a system of accounting consistent with generally accepted accounting
principles. The Construction Manager shall preserve all accounting records for a period of
four (4) years after final acceptance of the Work or as otherwise requested in writing by the
Owner. The Owner shall have access to all such accounting records at any time during the
performance of the Work and for a period of four (4) years after final acceptance of the
Work.
2.2.13 Without assuming any of the ArchitecU Engineer's responsibilities for design,
recommend necessary or desirable changes to the Owner and the ArchitecUEngineer.
2.2.13.1 When requested by the Owner or ArchitecUEngineer, promptly prepare and
submit estimates of probable cost for changes proposed in the Work including similar
estimates from the Trade Contractors. If directed by the Owner, promptly secure formal
written Change Order Proposals from such Trade Contractors.
2.2.14 Be responsible for initiating, maintaining and supervising effective safety programs
and require similar programs of the Trade Contractors and Sub-subcontractors. The
OSHA guidelines shall serve as the basis for the construction safety program. If the Owner
implements an Owner Provided Insurance Program as provided for in Article 11, the
Construction Manager shall cooperate with the safety representatives of the Owner's
Insurance Administrator and/or the Owner's insurance carrier(s) in the course of
construction site inspections and in all other matters related to job safety and accident
prevention.
2.2.14.1 Promptly notify the Owner and, where applicable, the Owner's Insurance
Administrator, in writing, upon receiving notice of filing of any charge of non-compliance
from OSHA, or upon receiving notification that a federal or state inspector shall visit or is
visiting the Project site.
2.2.14.2 At progress meetings with Trade Contractors, conduct a review of job safety and
accident prevention, and prepare minutes of such meetings that will be available to the
Owner's Representative on request. The minutes of job safety and accident prevention
portion of such progress meetings shall be made available to the Owner's Insurance
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Administrator, where applicable, upon request.
2.2.14.3 Designate a full-time staff member as the project safety director who shall oversee
job safety and accident prevention for the Construction Manager, Trade Contractors and
Sub-subcontractors involved in the Work, in addition to any other responsibilities assigned
to such staff member.
2.2.15 Make provisions for Project security acceptable to the Owner, to protect the Project
site and materials stored off-site, or on-site, against theft, vandalism, fire and accidents,
damage, or injury to person(s) or property, etc., as required by job and location conditions.
2.2.16 Record the progress of the Project. Submit written monthly progress reports to the
Owner and the ArchitecUEngineer including information on the Trade Contractors' Work,
the percentage of completion, current estimating, computerized updated monthly Critical
Path Method scheduling and project accounting reports, including Estimated Time to
Completion and Estimated Cost to Complete. Keep a daily log available to the Owner and
the ArchitecUEngineer. Report and record such additional information related to
construction as may be requested by the Owner.
2.2.17 The Construction Manager shall be responsible for the removal, encapsulation,
transportation and disposal of any hazardous material, including, without limitation, any
asbestos or asbestos-related products as may be required in connection with the Work.
Hazardous material, described by federal guidelines brought by the Construction Manager
or the Trade Contractors shall remain their responsibility for proper disposal. Any
hazardous material not specifically shown on the documents may be considered a
concealed condition and may entitle the Construction Manager to a Change Order
increasing the Guaranteed Maximum Price for any additional costs incurred. Such request
for Change Order shall be submitted within seven days after the discovery of the concealed
condition. The failure to provide the required notice within the time set forth herein shall
constitute a complete waiver by the Construction Manager of any claim for additional
compensation or extension of time.
ARTICLE 3 - Additional Services
3.1 Upon the mutual agreement of the Owner and the Construction Manager, and upon
written authorization from the Owner, the Construction Manager shall provide additional
services which are beyond the scope of the Basic Services described in Article 2 herein.
The Construction Manager shall be compensated for such additional services by a fee to
be negotiated by the Owner and the Construction Manager at the time of the additional
service request.
ARTICLE 4 - Owner's Responsibilities
4.1 The Owner will designate a representative to receive progress reports of the Work,
serve as liaison with the Construction Manager and the ArchitecUEngineer, receive and
process communications and paperwork, and to represent the Owner in the day-to-day
conduct of the Project. The Construction Manager will be notified in writing of the
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representative and of his/her designee or any changes thereto.
4.2 The Owner may retain a threshold inspector, if required by Chapter 553, Florida
Statutes.
4.3 The Owner will review and approve or take other appropriate action on the
Construction Manager's preconstruction deliverables.
ARTICLE 5 - Schedule
5.1 Preconstruction Phase: The Construction Manager shall submit the required
Reports and Guaranteed Maximum Price Proposal within 30 days after the Construction
Documents have been made available to the Construction Manager.
5.2 Construction Phase: The number of days for performance of the Work under the
construction phase of this Agreement shall be established in the Guaranteed Maximum
Price Amendment to this Agreement.
5.3 At the time a Guaranteed Maximum Price (GMP) is established, as provided for in
Article 6, a Project Substantial Completion date, a project final completion date and an
Owner occupancy date in accordance with the master project schedule, shall also be
established by the Construction Team. The Construction Manager agrees to complete the
construction in accordance with the agreed upon Substantial Completion date, final
completion date and Owner occupancy date. The Construction Manager acknowledges
that failure to complete the project within the construction time set forth in the approved
schedule will result in substantial damages to the Owner. Liquidated Damages shall be
assessed at rate to be determined by the Owner for each Project assignment.
5.4 In the event the Owner desires to accelerate the schedule for any portion of the
Work, the Owner shall notify the Construction Manager in writing. Within 7 days, the
Construction Manager shall give the Owner a revised Guaranteed Maximum Price for the
acceleration which shall become a Change Order upon acceptance by the Owner. The
Owner may then direct the Construction Manager to increase its staff and require its Trade
Contractors to increase their manpower, or to work such overtime hours as may be
necessary to accomplish the required acceleration in accordance with the approved
Change Order. In such event the Owner shall reimburse the Construction Managerforthe
costs of such acceleration subject to the Guaranteed Maximum Price. In no event shall the
Construction Manager be entitled to compensation in excess of the adjusted Guaranteed
Maximum Price. The Construction Manager shall require accurate daily records of all costs
of the required acceleration and shall secure the Owner's approval of such records.
5.5 The Owner shall have the right to occupy, or use, any portion of the Work ahead of
schedule. If use or occupancy ahead of schedule affects the Cost of the Project or the
schedule for the Work, the Construction Manager shall so notify the Owner in writing within
7 days of discovering the Owner's intent to occupy or use a portion of the Work ahead of
schedule of the monetary extent or time impact of the Owner's actions on the Construction
Manager's Work. The Owner shall consider the Construction Manager's writing as a
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request for a Change to the Work in accordance with Article 9, herein.
ARTICLE 6 - Guaranteed Maximum Price
6.1 The "Guaranteed Maximum Price" (GMP) includes Cost of the Work required by the
Contract Documents as defined in Article 8 herein, and the Construction Manager's fee as
defined in Paragraph 7.2 herein. The GMP will be established based on Construction
Documents prepared by the ArchitecUEngineer. The GMP is subject to modification for
changes in the Work as provided in Article 9, herein.
6.2 The GMP will only include those taxes in the Cost of the Work which are legally
enacted at the time the GMP is established.
6.3 All cost savings for the not-to-exceed value of the GMP shall be returned to the
Owner as part of the net aggregate savings established when final accounting is submitted
upon Final Completion of the Work, or at such earlier time as agreed to by the Owner and
the Construction Manager. "Cost savings" are the net difference obtained by deducting
from the Adjusted GMP, the documented Construction Manager's Fee, the expended
portions of the construction contingency and the actual expenditures representing the Cost
of the Work as defined in Article 8, herein. Liquidated damages, if any, are different from,
and are not a part of, this calculation.
6.4 In addition to the cost of work, the GMP will include an agreed upon sum as the
construction contingency which is included for the purpose of defraying the expenses due
to unforeseen circumstances relating to construction. The Contractor will be required to
furnish documentation evidencing expenditures charged to this contingency prior to the
release of funds by the Owner. Documentation for use of the Contingency shall be
determined by the Owner. The Architect-Engineer shall verify the actual costs. If bids are
received below the applicable line items in the GMP, the surplus will be added to the
contingency. If bids are received above the applicable line item in the GMP the deficiency
will be taken from the contingency, however such events shall not be cause to increase the
GMP.
If bids are not received for a portion of the work at or below the applicable line item amount
in the GMP, the Contractor may perform that portion of the work as acknowledged by the
Owner or negotiate for its performance for the specified line item lump sum amount or less.
6.5 By execution of this Agreement, the Construction Manager certifies that all factual
unit costs supporting the fees specified in this Agreement are accurate, complete and
current at the time of negotiations; and that any other factual unit costs that may be
furnished the Owner in the future to support any additional fees that may be authorized will
also be accurate and complete. The fees specified in this Agreement and any additional
fees that may be authorized in the future shall be adjusted to exclude any significant sums
by which the Owner determines the fee was increased due to inaccurate, incomplete, or
non-current factual unit costs.
6.6 Adjustments to the GMP will be made as described in the Conditions of the
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Contract.
ARTICLE 7 - Pavments to Construction Manaqer
7.1 In consideration of the performance of the Contract, the Owner agrees to pay the
Construction Manager, as compensation for its services an amount as set forth below:
7.1.1 For preconstruction services, the total sum amount to be paid in the amounts
specified at the satisfactory completion of the following phases :
100% Schematic Design
100% Design Development
50% Const. Docs.
100% Const.Docs.
7.1.1.1 Upon receipt of the Notice to Proceed, the Construction Manager shall begin
providing the indemnification described in the Conditions of the Contract, as part of the fee
established for the first phase of preconstruction services.
7.1.2 Upon acceptance of the GMP, the amount established in the GMP
Amendment to this Agreement, which includes the Construction Manager's fee as
described in Paragraph 7.2 and the Cost of the Work as described in Article 8, to be paid
monthly as described in the General Conditions of the Contract.
7.1.2.1 As required by Section 287.0585, F.S., within seven working days from
receipt of payment from the Owner, the Construction Manager shall pay each Trade
Contractor out of the amount paid to the Construction Manager on account of such Trade
Contractor's Work, the amount to which said Trade Contractor is entitled reflecting the
percentage actually retained, if any, from payments to the Construction Manager on
account of said Trade Contractor's Work. The Construction Manager shall, by appropriate
agreement with each Trade Contractor, require each Trade Contractor to make payments
to its subcontractors in a similar manner.
7.1.3 Pay requests for preconstruction services and for construction shall be documented
in accordance with the General Conditions.
7.2 Construction Manaqer's Fee during the Construction Phase includes the following:
7.2.1 The cost of its home or branch office employees or consultants not at the Project
site, including the cost of all benefits, insurance, and taxes attributable to wages and
salaries and other company overhead expenses for said home office employees.
7.2.2 The cost of its field employees identified in Subparagraph 2.2.5 herein, or their
approved replacements, including the cost of all benefits, insurance, and taxes attributable
to wages and salaries for said field employees.
7.2.3 General operating expenses of the Construction Manager's principal and branch
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offices other than the field office.
7.2.4 Any part of the Construction Manager's capital expenses, including interest on the
Construction Manager's capital employed for the Work.
7.2.5 Overhead and profit, or general expenses of any kind. except as may be expressly
included in Article 8, herein, as Cost of the Work.
7.2.6 All travel and per diem costs of Construction Manager's employees and consultants.
7.2.7 Those services set forth in Article 2.2
7.2.8 Expenses such as long distance telephone calls, telephone service at the site,
postage, office supplies, expressage, and similar items in connection with the Work.
7.2.9 Cost of equipment such as typewriters, cameras, radios, computers, pagers,
copiers, facsimile equipment, telephones, dictating units, trailers, vehicles and furniture
purchased or rented by the Construction Manager.
7.2.10 Administration of direct tax savings purchase program.
7.3 Adiustments in the fee will be made as follows:
7.3.1 Adjustments due to Changes in the Work shall be made as described in the General
Conditions of the Contract.
7.3.2 For delays in the Work caused by the Owner, the Construction Manager shall be
entitled to additional fees to compensate the Construction Manager for its increased
expenses. The amount of this increased fee shall be calculated at a daily rate derived by
dividing the basic fee (excluding overhead and profit) established in the accepted GMP
proposal by the Contract Time established in the GMP Amendment to the Agreement.
7.4 I nvoices for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper pre audit and post audit thereof.
ARTICLE 8 - Cost of the Work
8.1 The term "Cost of the Work" shall mean costs including General Conditions costs,
incurred in the Work as described and defined in Paragraph 8.2, below, and paid or
incurred by the Construction Manager, which are not included in Paragraph 7.2, less any
reimbursement for scrap value and cash or trade discounts, subject to Article 10, herein.
The term "wages" used herein shall include the straight time and overtime pay and the cost
of associated employee benefits. Employee benefits include, but are not limited to,
unemployment compensation, social security, compensated absences, and other
mandatory and customary contributions and fringe benefits insofar as such costs are
based on wages, salaries, or other remuneration paid to employees of the Construction
Manager. Employee benefits do not include Workers' Compensation insurance when such
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insurance is provided by the Owner in accordance with Article 11.
8.1.1 The Owner agrees to pay the Construction Manager for the Cost of the Work as
defined in Article 8, herein, through completion of the Work. Such payment shall be in
addition to the Construction Manager's Fee as stipulated in Paragraph 7.2, herein.
8.2 Cost of the Work includes and is limited to actual expenditure for the following cost
items:
8.2.1 Subject to prior approval by the Owner, wages paid for labor in the direct employ of
the Construction Managerotherthan those provided under Paragraph 7.2, herein, as a part
of the Construction Manager's Fee in the performance of the Work under applicable
collective bargaining agreements, or under a salary or wage schedule agreed upon by the
Owner and Construction Manager, and including benefits, if any, as may be payable with
respect thereto.
8.2.2 The cost of all materials, supplies and equipment incorporated in the Work or stored
on site, including cost of transportation and storage thereof. At the Owner's sole discretion,
the Owner may make payment for materials, supplies and/or equipment stored off-site and
bonded.
8.2.3 Payments made by the Construction Manager to Trade Contractors for their Work
performed pursuant to Trade Contracts with the Construction Manager.
8.2.4 Cost of the premiums for all insurance or bonds including Trade Contractor bonds
which the Construction Manager is required to procure by this Agreement, or other
insurance or bonds subsequently deemed necessary by the Construction Manager, and
agreed upon by the Owner. The cost of insurance for the Construction Manager, trade
contractors, and sub-subcontractors at any tier in the Work shall be excluded for any
insurance to be provided by the Owner in accordance with Article 11 herein.
8.2.5 Sales, use, gross receipt, or similar taxes related to the Work imposed by any
governmental authority and for which the Construction Manager is liable.
8.2.6 Building and operating permit fees, inspection and filing fees, sewer and water fees,
and deposits lost for causes other than the Construction Manager's own negligence.
8.2.7 Cost of removal and disposal of all debris including clean-up and trash removal.
8.2.8 Cost incurred due to an emergency affecting the safety of persons and/or property.
8.2.9 Subject to prior written approval by Owner, legal costs reasonably, and property,
resulting from prosecution of the Work for the Owner provided, however, that they are not
the result of the Construction Manager's own negligence or malfeasance. Legal costs
incurred in connection with disputes solely between the Construction Manager and the
Owner or incurred in connection with disputes between the Construction Manager and
Trade Contractors are the responsibility of the Construction Manager and shall not be
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included in the Cost of the Work.
8.2.10 Cost to the Construction Manager of temporary electric power, lighting, water,
sanitary facilities, and heat required for the performance of the Work, or required to protect
the Work from weather damage.
8.2.11 Cost to the Construction Manager of temporary safety-related protection including
barricades and safety equipment, temporary roads and parking, dust control, pest control,
installation and operation of temporary hoists, scaffolds, ladders and runways, and
temporary project signs and costs of permits and fees pursuant to the General Conditions
of the Contract.
8.2.12 Cost of watchmen or similar security services.
8.2.13 Cost of surveys, measurements and layout work reasonably required for the
execution of the Work or the requirements of the Agreement.
8.2.14 Cost of preparation of shop drawings, coordination plans, photographs, or as-built
documents not included in Trade Contracts.
8.2.15 All costs for reproduction of documents to directly benefit the work.
8.2.16 Costs directly incurred in the performance of the Work and not included in the
Construction Manager's Fee as set forth in Paragraph 7.2, herein.
8.2.17 Cost, including transportation and maintenance, of all materials, supplies,
equipment, temporary facilities and hand tools not owned by the workmen which are
employed or consumed in the performance of the Work.
8.2.18 Rental charges of all necessary machinery and equipment, including hand tools
used in the performance of the Work, whether rented from the Construction Manager or
others, including installation, repairs and replacements, dismantling, removal, costs of
lubrication, transportation and delivery costs thereof.
8.2.19 Costs associated with setting up and demobilizing tool sheds, temporary fences,
temporary roads, and temporary fire protection.
ARTICLE 9 - Chanqes in the Work
9.1 The Owner, without invalidating this Agreement, may order changes in the Work
within the general scope of this Agreement consisting of additions, deletions, or other
revisions. All changes in the Work shall be authorized as described in the General
Condition of the Contract. Except in cases of emergency endangering life or property, the
Construction Manager shall allow no Changes in the Work without the prior written
approval of the Owner.
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ARTICLE 10 - Discounts
10.1 All quantity discounts shall accrue to the Owner. All trade discounts, rebates and
refunds, and all returns from the sale of surplus materials and equipment shall be credited
to the Owner.
ARTICLE 11 - Insurance
11.1 The Construction Manager shall provide insurance as required by the General
Conditions of the Contract.
11.2 The Owner may elect to purchase insurance under an Owner Provided or
Controllled Insurance Program, Master Contractor Insurance Program, Municipality
Controlled Insurance Program or a Contractor Controlled Insurance Program, in which
case the Construction will provide coordination with the Owner and the Owner's insurance
broker, as required. The Owner will inform the Construction Manager of its intention
regarding insurance in sufficient time before the execution of the Guaranteed Maximum
Price amendment to allow the Construction Manager to arrange for insurance and include
the costs in the GMP, if necessary.
11.3 For insurance coverage, if provided by the Owner in accordance with Paragraph
11.2 above, the Owner shall provide insurance in effect from the issuance of the Notice to
Proceed with the Work until Final Completion of the Work, and the Construction Manager
shall ensure that each Trade Contractor and Sub-subcontractor are insured under the
Owner's insurance programs, in accordance with this Article.
ARTICLE 12 - Contract Time: Liquidated Damaqes
12.1 The work will be substantially completed within calendar days from the
date of the issuance of the Notice to Proceed, and completed and ready for final payment
in accordance with paragraph 15.13 of the General Conditions within
calendar days from the date of Substantial Completion.
12.2 Liquidated Damages. The Owner and Construction Manager recognize that time is
of the essence of this Agreement and that the Owner will suffer financial loss if the Work is
not completed within the times specified in paragraph 12.1 above, plus any extensions
thereof allowed in accordance with Article 13 of the General Conditions.
They also recognize that the actual loss suffered by the Owner if the Work is not completed
on time is not readily ascertainable at the time of entering this Contract. Accordingly,
instead of requiring any such proof, the Owner and Construction Manager agree that as
liquidated damages for delay (but not as a penalty) Construction Manager shall pay the
Owner one thousand dollars ($1,000) for each day that expires after the time specified in
paragraphs 12.1 for substantial completion until the Work is substantially complete. After
Substantial Completion if Construction Manager shall neglect, refuse or fail to complete the
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remaining Work within the Contract Time or any proper extension thereof granted by the
Owner, Construction Manager shall pay Owner five hundred dollars ($500.00) for each day
that expires after the time specified in paragraph 12.1 for completion and readiness for final
payment. Construction Manager expressly acknowledges that such sum is not payable as
a penalty but as liquidated damages representing a reasonable estimate of delay
damages, inconvenience and additional overhead and costs likely to be sustained by the
Owner, estimated at the time of executing the Contract. If the owner reasonably believes
in its discretion that Substantial Completion will be delayed, it shall be entitled, but not
required to withhold from any amounts otherwise due the Construction Manager an amount
then believed by the Owner to be adequate to recover liquidated damages applicable to
such delays. Partial use or occupancy of the Work shall not result in the Work deemed
substantially completed, and such partial use or occupancy shall not be evidence of
Substantial Completion. It shall be understood and agreed that the liquidated damages
referred to herein serves to compensate Owner for the loss of use of the Project and does
not include the cost to Owner of expenses relating to professional services, consulting fees
permit fees, renewals, utilities, taxes and the like necessitated or incurred due to the
extended project duration.
ARTICLE 13 - No Damaqes For Delav
13.1 All time in the Contract Documents is calculated on a consecutive calendar
day basis.
13.2 Time is of the essence in this Contract, and any breach of same shall go to the es-
sence hereof, and Construction Manager, in agreeing to complete the Work within the time
herein mentioned, has taken into consideration and made allowances for all reasonable
hindrances and delays incident to his work.
13.3 Construction Manager agrees to commence the Work when directed by the Owner
and to diligently and continuously perform such Work and to coordinate the Work with
other Work being performed on the Project by other trades so that the Owner shall not be
delayed by any act or omission of Construction Manager in completion of the Project within
the time specified above.
13.4 Construction Manager shall not be entitled to any claim for damages on account of
hindrance or delays from any cause whatsoever, but if caused by any act of God or active
interference on the part of the Owner, such act, hindrance or delay may only entitle the
Construction Manager to receive an extension of time as its sole and exclusive remedy, as
set forth in Article 13 of the Contract General Conditions.
13.4.1 Any extension of time to complete the Work shall be determined by the
ArchitecUEngineer provided the Construction Manager provides ArchitecUEngineer and
Owner with notice in writing of the cause of said act, hindrance or delay within twenty (20)
days after its occurrence.
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13.4.2 In the event the request for extension is not made in writing within that twenty day
time period, Construction Manager acknowledges and agrees it has forever waived any
and all rights to such an extension.
13.4.3 All extensions of time shall be authorized only by a written change order executed
by the Owner, ArchitecUEngineer and Construction Manager; in the absence of a written
and fully executed change order, Construction Manager shall not be entitled to any claim
for additional time.
13.4.4 This "no damage for delay" provision shall encompass any damages for delay,
acceleration or disruption even if the Construction Manager completes construction of the
Work in a timely fashion in accordance with this Contract.
13.4.5 Damages as referenced in this "no damage for delay" provision shall include any
type of damages that are or could be awarded by any court or arbitration panel such as, by
way of general example, but not limitation, tort, contract, strict liability, consequential
damages, liquidated damages and/or punitive damages.
13.4.6 The Construction Manager recognizes and specifically acknowledges the terms and
conditions of this "no damage for delay" clause upon execution of this Contract.
ARTICLE 14 - Contract Documents
The Contract Documents which comprise the entire agreement between the Owner and
Construction Manager concerning the Work consist of the following:
14.1. Request for Proposals.
14.2. Construction Manager's Proposal.
14.3. This Agreement.
14.4. Exhibits to this Agreement.
14.5. Florida Performance Bond.
14.6. Florida Payment Bond.
14.7. Certificates of Insurance. .
14.8. Notice of Tentative Award.
14.9. Notice to Proceed.
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14.10. Certificate of Substantial Completion.
14.11. Warranty of Title.
14.12. Final Receipt.
14.13. General Conditions.
14.14. Supplemental General Conditions as listed in TABLE OF CONTENTS thereof.
14.15. Technical Specifications as listed in TABLE OF CONTENTS thereof.
14.16. Drawings, consisting of cover sheet and sheets numbered _ through _, with
each sheet bearing the following general title:
OLD SCHOOL SQUARE PARKING GARAGE
City of Delray Beach Project No. 2004-044
14.17. Addenda number
to _' inclusive.
14.18. Documentation submitted by CONTRACTOR prior to Notice of Tentative Award
(pages to , inclusive).
14.19. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other
documents amending, modifying, or supplementing the Contract Documents pur-
suant to paragraphs 4.4 and 4.5 of the General Conditions.
14.20. The documents listed in paragraph 14.2 et seq. above are attached to this
Agreement (except as expressly noted otherwise above).There are no Contract
Documents other than those listed above in this Article 14. The Contract Docu-
ments may only be amended, modified or supplemented as provided in paragraphs
4.4 and 4.5 of the General Conditions.
ARTICLE 15 - Indemnitv
In consideration of Ten Dollars ($10.00) in hand paid and other valuable consideration,
receipt of which is hereby acknowledged, Construction Manager agrees to defend,
indemnify and hold harmless the Owner, their agents and employees in accordance with
paragraph 7.28 of the General Conditions which is incorporated herein and made a part
hereof as if fully set forth herein. It is the specific intent of the parties hereto that the
foregoing indemnification complies with Florida Statutes 725.06, as amended. It is further
the specific intent and agreement of said parties that all of the Contract Documents on this
A-IS
Project are hereby amended to include the foregoing indemnification and the "Specific
Consideration" therefor.
ARTICLE 16 - Reimbursement of ArchitecUEnqineer Exoenses
Should the completion of this Contract be delayed beyond the specified or adjusted time
limit, Construction Manager shall reimburse the Owner for all expenses of consulting and
inspection incurred by the Owner during the period between said specified or adjusted time
and the actual date of final completion. All such expenses for consulting and inspection
incurred by the Owner will be charged to Construction Manager and be deducted from
payments due Construction Manager as provided by this Contract. Said expenses shall be
further defined as ArchitecUEngineer charges associated with the construction contract
administration, including resident project representative costs.
ARTICLE 17 - Weather Protection
The Construction Manager shall ascertain what temporary enclosures, if any, of building
areas should be provided for and may be provided as a practical matter, in order to assure
orderly progress of the work in periods when extreme weather conditions are likely to be
experienced. He shall submit to the Construction Team his recommendations as to
needed requirements of this nature and as to the contract or contracts in which they should
be included.
ARTICLE 18 - Warranty
The Construction Manager shall warrant that all materials and equipment included in the
Work will be new except where indicated otherwise in the Contract Documents, and that
the Work will be of good quality, free from improper workmanship and defective materials
and in conformance with the Drawings and specifications. With respect to the Work, the
Construction Manager further agrees to correct all work found by the Owner to be defective
in material and workmanship or not in conformance with the Drawings and Specifications
for a period of one year from the Date of Final Completion or for such longer periods of
time as may be set forth with respect to specific warranties contained in the trade sections
of the Specifications. The Construction Manager shall collect and deliver to the Owner any
specific written warranties given by others as required by the Contract Documents. Also,
the Construction Manager shall conduct, jointly with the Owner and the ArchitecUEngineer,
a warranty inspection eleven (11) months after the date of Final Completion.
ARTICLE 19 - Subcontractors
The Construction Manager shall request and receive proposals from Sub-Contractors and
suppliers and will award those contracts to the qualified low bidder after he has reviewed
each proposal and is satisfied that the Sub-Contractor is qualified to perform the work.
19.3 Required Sub-Contractors' Qualifications and Subcontract Conditions
A-19
19.3.1 Subcontractual Relations: By an appropriate written agreement, the Construction
Manager shall require each Sub-Contractor to the extent of the work to be performed by
the Sub-Contractor, to be bound to the Construction Manager by the terms of the Contract
Documents, and to assume toward the Construction Manager all the obligations and
responsibilities which the Construction Manager by these Documents, assumes toward the
Owner and the ArchitecUEngineer. Said agreements shall preserve and protect the rights
of the Owner and ArchitecUEngineer under the Contract Documents with respect to the
Work to be performed by the Sub-Contractor so that the subcontracting thereof will not
prejudice such rights. Where appropriate, the Construction Manager shall require each
Sub-Contractor to enter into similar agreements with his Sub-Subcontractor.
The Construction Manager shall make available to each proposed Sub-Contractor, prior to
the execution of the Subcontract, copies of the Contract Documents to which the Sub-
Contractor will be bound by this Article 19.3 and identify to the Sub-Contractor any terms
and conditions of the proposed Subcontract which may be at variance with the Contract
Documents. Each Sub-Contractor shall similarly make copies of such Documents
available to his Sub-Subcontractors
19.3.2 Subcontract Requirements:
On subcontracts where the bid exceeds $100,000, the Construction Manager shall require
Sub-Contractors to provide a 100% performance bond and a 100% labor and material
payment bond from a surety company authorized to do business in the State of Florida by
the Department of Insurance. Ifthe Construction Managerwishes to award subcontracts to
subcontractors unable to supply this bonding, he shall request special authorization by the
owner to do so. Upon providing justifiable background information, such authorization
shall not be withheld unreasonably.
Subcontract bidders must submit experience, bonding capability and financial condition.
The Sub-Contractors experience, bonding capability and financial condition must
demonstrate that adequate assets and equipment are available to properly perform the
subcontract.
Sub-Contractor experience: The Sub-Contractor must have successfully completed no
less than two projects of similar size and complexity within the last five years.
Supervision: The Sub-Contractor must agree to provide field (on-site) supervision through
a named superintendent for each trade (general concrete forming and placement,
masonry, mechanical, plumbing, electrical and roofing) included in the subcontract. In
addition, the Sub-Contractor shall assign and name a qualified employee for scheduling
direction for its work. The supervisory employees of the Sub-Contractor (including field
superintendent, foreman and schedulers at all levels) must have been employed in a
supervisory (leadership) capacity of substantially equivalent level on a similar project for at
least two years within the last five years. The Sub-Contractor shall include a resume of
experience for each employee identified by him to supervise and schedule his work.
All subcontracts shall provide:
A-20
a. LIMITATION OF REMEDY - NO DAMAGES FOR DELAY
That the Sub-Contractors exclusive remedy for delays in the performance of the
contract caused by events beyond its control, including delays claimed to be caused
by the Owner or ArchitecUEngineer or attributable to the Owner or
ArchitecUEngineer and including claims based on breach of contract or negligence,
shall be an extension of its contract time.
In the event of a change in the work the Sub-Contractors claim for adjustments in
the contract sum are limited exclusively to its actual costs for such changes plus no
more than 15% for overhead and profit and bond costs. Each subcontract shall
require the Sub-Contractor to expressly agree that the foregoing constitute the sole
and exclusive remedies for delays and changes in the work and thus eliminate any
other remedies for claim for increase in the contract price, damages, losses or
additional compensation.
b. Each subcontract shall require that any claims by Sub-Contractor for delay or
additional cost must be submitted to Construction Manager within the time and in
the manner in which the Construction Manager must submit such claims to the
Owner, and that failure to comply with the conditions for giving notice and submitting
claims shall result in the waiver of such claims.
19.4 Responsibilities for Acts and Omissions: The Construction Manager shall be
responsible to the Owner for the acts and omissions of his employees and agents and his
Sub-Contractors, their agents and employees, and all other persons performing any of the
work or supplying materials under a contract to the Construction Manager.
ARTICLE 20 - Termination of the Aqreement and Owner's Riqht to Perform Construction
Manaqer's Obliqations
20.1 Termination by the Construction Manager
If the Project is stopped for a period of thirty (30) days under an order of any court or other
public authority having jurisdiction or as a result of an act of government, such as a
declaration of a national emergency making materials unavailable, through no act or fault
of the Construction Manager, or the Owner fails to perform its material obligations to the
Construction Manager for a period of sixty (60) days after receiving notice from the
Construction Manager of its intent to terminate hereunder, then the Construction Manager
may, upon seven days written notice to the Owner, terminate performance under this
Agreement by written notice to the Owner and the ArchitecUEngineer. In such event, the
Construction Manager shall be entitled to recover from the Owner as though the Owner
had terminated the Construction Manager's performance without cause pursuant to the
terms and conditions of this Agreement.
20.2 Owner's Right to Perform Construction Manager's Obligations and Termination by
Owner for Cause
A-21
1. If the Construction Manager fails to perform any of his obligations under this Agreement,
the Owner may, after seven (7) days written notice during which period the Construction
Manager fails to perform such obligation, make good such deficiencies. The GMP, orthe
actual cost of the Project, whichever is less, shall be reduced by the cost to the Owner of
making good such deficiencies and the Construction Manager's Construction Phase Fee
shall be reduced by an amount required to manage the making good of such deficiencies.
2. If the Construction Manager is adjudged a bankrupt, or if he makes a general
assignment for the benefit of his creditors, or if a receiver is appointed on account of his
insolvency, or if he persistently or repeatedly refuses or fails, except in case for which
extension of time is provided, to supply enough properly skilled workmen or proper
materials and fails to maintain an established schedule (failure to maintain schedule shall
be defined as any activity on the critical path that falls 45 days or more behind schedule)
which has been adopted by the Construction Team, or if he fails to make prompt payment
to Sub-Contractors for materials or labor, or persistently disregards laws, rules,
ordinances, regulations, or orders of any public authority having jurisdiction, or otherwise is
guilty of a substantial violation of a provision of the Agreement, then the Owner may,
without prejudice to any right or remedy and after giving the Construction Manager and his
surety, if any, seven (7) days written notice, during which period Construction Managerfails
to commence to cure the violation, terminate the employment of the Construction Manager
and take possession of the site and of all materials, equipment, tools, construction
equipment and machinery thereon owned by the Construction Manager, and may finish the
Project by whatever method Owner may deem expedient. In such case, the Construction
Manager shall not be entitled to receive any further payment until the Project is finished nor
shall he be relieved from his obligations assumed under Article 6. Reasonable termination
expenses incurred by the Owner may be deducted from any payments left owing the
Construction Manager.
3. If the Construction Manager refuses to allow public access to all documents, papers,
letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the Construction Manager in conjunction with this Agreement, then
the Owner may, without prejudice to any right or remedy and after giving the Construction
Manager and his surety, if any, seven (7) days written notice, during which period
Construction Manager still fails to allow access, terminate the employment of the
Construction Manager and take possession of the site and of all documents, papers,
letters, or other material subject to the provisions of Chapter 119, Florida Statute and all
materials, equipment, tools, construction equipment and machinery thereon, owned by the
Construction Manager, and may finish the project by whatever method he may deem
expedient. In such case, the Construction Manager shall not be entitled to receive any
further payment until the Project is finished nor shall he be relieved from his obligations
assumed under Article 6. Reasonable termination expenses incurred by the Owner may be
deducted from any payments left owing the Construction Manager.
4. If the Owner is unable to obtain ownership of all parcels required for this project, as
determined by Owner, in its sole discretion, then Owner may terminate this Agreement
upon ten (10) days written notice. Owner shall pay Construction Manager only for the fees
and costs incurred by the Construction Manager through the date of termination.
A-22
20.3 Termination by Owner Without Cause
1. If the Owner terminates this Agreement without cause, he shall reimburse the
Construction Manager for any unpaid Cost of the Project due him under Article 7, plus that
part of the unpaid balance of the Construction Phase Fee in an amount as will increase the
payment on account of his fee to a sum which bears the same ratio to the Construction
Phase Fee as the Cost of the Project at the time of termination bears to the Guaranteed
Maximum Price, if established, otherwise to the Owner's Construction Budget. The Owner
shall also pay to the Construction Manager fair compensation, either by purchase or rental
at the election of the Owner, for any equipment retained. In case of such termination of
Agreement the Owner shall further assume and become liable for obligations,
commitments and unsettled contractual claims that the Construction Manager has
previously undertaken or incurred in good faith in connection with said Project. The
Construction Manager shall, as a condition of receiving the payments referred to in this
Article 20, execute and deliver all such papers and take all such steps including the legal
assignment of his contractual rights, as the Owner may require for the purpose of fully
vesting in him the rights and benefits of the Construction Manager under such obligations
or commitments.
2. After the establishment of the Guaranteed Maximum Price or at the completion of the
Design Phase, if the final cost estimates or lack of legislative funding make the Project no
longer feasible from the standpoint of the Owner, the Owner may terminate this Agreement
and pay the Construction Manager his proportionate fee due for preconstruction services
plus any costs incurred.
ARTICLE 21 - Assiqnment and Governina Law
21.1 Neither the Owner nor the Construction Manager shall assign his interest in this
Agreement without the written consent of the other.
21.2 This Agreement shall be governed by the Laws of the State of Florida and venue shall
be in Palm Beach County.
ARTICLE 22 - Miscellaneous
22.1. Terms used in this Agreement which are defined in Article 1 of the General Con-
ditions and Article 1 of this Agreement will have the meaning indicated.
22.2. The Owner and Construction Manager each binds itself, its partners, its successors,
assigns and legal representatives to the other party hereto, its partners, successors,
assigns and legal representatives in respect of all covenants, agreements and obligations
contained in the Contract Documents.
22.3 Interest. Any monies not paid when due to either party under this contract shall not
A-23
bear interest except as may be required by law.
22.4 Criminal Acts. Employment by any Construction Manager of any employees or Trade
Contractors hired by the Construction Manager with multiple felonies will not be tolerated.
The Construction Manager must provide documented proof of efforts to comply with this
requirement. The Owner may declare any non-compliance or lack of diligent effort by the
Construction Manager to comply as a breach of contract and immediately terminate the
services of the Construction Manager.
22.5 The agreement shall be void if not signed by both the Owner and the Construction
Manager.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day
and year first above written.
ATTEST:
CITY OF DELRA Y BEACH
By:
City Clerk
Mayor, Jeff Periman
Approved as to Form:
City Attorney
WITNESSES:
By:
(Name Printed or Typed)
(Name Printed or Typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
200_, by as
officer or agent, title of officer or agent), of
corporation acknowledging), a
(name of
(name of
(state or place of incorporation) corporation, on
A-24
behalf of the corporation. He/She is personally known to me or has produced
(type of identification) as identification.
CERTIFICATE
(if Corporation)
STATE OF FLORIDA
COUNTY OF
HEREBY CERTIFY
)
)SS
)
held on
passed and adopted:
that a meeting of the Board of Directors of
, a corporation under the laws of the State of
, 20_ the following resolution was duly
"RESOLVED", that , as
President of the corporation, be he/she is hereby
authorized to execute the Agreement dated , 20_,
between the City of Delray Beach, Florida and this corporation, and that his
execution thereof, attested by the Secretary of the corporation and with corporate
seal affixed, shall be the official act and deed of this corporation".
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
corporation this
day of
,20_.
(Secretary)
(Corporate Seal)
A-25
PERFORMANCE BOND
BOND NO:
AMOUNT:
Project TITLED:
OLD SCHOOL SQUARE PARKING GARAGE
City of Delray Beach Project No. 2004..()44
KNOW ALL MEN BY THESE PRESENTS, that:
hereinafter called "CONTRACTOR"
(Principal), whose principal address and phone number are
and , and
a duly organized corporation, nationally
recognized surety company licensed and/or registered to engage In the surety business in the S tat e of Florida
and enter Into agreements of surety with a resident agent licensed and having an office in Florida, the
principal address and phone number of which are
and , and
existing under and by virtue of the laws of the State of Florida, hereinafter called "SURETY," are held firmly bound
unto the City of Delray Beach, Florida, hereinafter called "OWNER" (Obligee), whose principal address and
phone number are 100 NW. First Avenue, Delray Beach, Florida 33444, (561) 243-7000, in the sum of:
Dollars($ ), lawful money of the United States of America, for the payment of
which, well and truly be made to OWNER, CONTRACTOR and SURETY bind themselves and each of their heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these presents as follows:
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT:
WHEREAS, CONTRACTOR has executed and entered into a certain Contract with OWNER, dated
,20_, to fumish at his own cost, charges, and expense all the necessary materials,
equipment, and/or labor i n strict and express accordance with said Contract and the Plans, Drawings, and
Specifications that are referenced in and made a part of said Contract, consisting of the various Contract
Documents specifically mentioned herein and relative thereto, is made a part of this Bond as fully and completely as
if said Contract Documents were set forth herein, for a project entitled as:
Project No.
NOW, THEREFORE, the conditions of this obligation are such that if the above bounden CONTRACTOR shall in all
respects fully, prompUy, and faithfully comply with the terms and conditions of the Contract Documents (which include
the Plans, Drawings, Specification, General Conditions, Special Conditions, Advertisement for Bids, Instructions to
Bidders, CONTRACTOR'S bid as accepted by OWNER, the Bid and Contract Performance and Payment Bonds, all
Addenda, if any, and change orders), and shall indemnify and save harmless OWNER against and from all costs,
expenses, damages, Including but not limited to liquidated damages for delay due to CONTRACTOR's default, If
provided by the Contract, or actual delay damages if the Contract does not provide for liquidated damages, injury, or
loss of which OWNER may be subject by reason of any wrongdoing, misconduct, omission, want of care or skill,
negligence, failure to petition within the prescribed time, delay or default, including patent infringements, on the part
PRB -1
of CONTRACTOR or CONTRACTOR's agents, employees or subcontractors in the execution or performance of the
Contract and shall prompfiy pay all just claims for damages or injury to property and for all wor!< done or skill, tools, and
machinery, supplies, labor, and materials fumished and debts incurred by CONTRACTOR in or about the construction
or improvements or additions contracted; then this obligation shall be void; otherwise to remain In full force and effect
for the term of the Contract, including any and all guarantee periods as specifically mentioned In the Contract
Documents;
AND, SURETY, for value received, hereby stipulates and agrees that no change involving any extension of time or
add~ion to the terms of the Contract, to the work to be performed, or to the materials to be fumished thereunder, or other
changes in the Contract Documents included in the Contract shall affect the obligation of SURETY under this bond,
and SURETY does hereby waive notice of any such extensions of time or changes, alterations, or additions to the
terms of the Contract, to the work, to the Drawings and Specifications or any other changes, as well as any notice of
compliance or noncompliance with the terms of the Contract Documents or as to the work required by the Contract
Documents. Any changes in the wor!< or the Contract Documents and compliance or non-compliance by OWNER
with notice provisions or formalities connected with the Contract or changes in the Contract shall not affect SURETY's
obligations under this bond. No over-payments or premature payments by OWNER to or on behalf of
CONTRACTOR nor any forbearance whatsoever on the part of OWNER shall in any affect SURETY's obligation
under this bond. The penal sum of this bond shall be increased to the extent that change orders are issued after
execution of the Contract, Increasing the Contract sum. SURETY shall be responsible for delay damages and costs
due to CONTRACTOR's default and consequential damages for SURETY's failure to fulfill its responsibilities as set
forth herein,
SURETY agrees that, other than as provided in this bond, SURETY may not demand that OWNER: (a) perform any
act or analysis or render any service; (b) give any notice; (c) fumish any clerical services, papers or documents; or
(d) modify any term of this bond.
In the event that CONTRACTOR, as Principal, fails to fully comply with, carry out or perform the terms and
conditions of Contract Documents herein referred to and made a part hereof, and SURETY ilseIf has failed to correct
such defaults within a reasonable time after written demand by OWNER, OWNER shall be entified to enforce any
remedy against SURETY available to OWNER. Unless otherwise extended by OWNER, the time deemed
reasonable for SURETY to undertake the correction of defaults under the Contract Documents shall be no greater
than ten (10) business days from the service of the demand. To the limit of the amount of this Bond, such remedies
shall include but not be limited to the recovery of consequential damages for the cost for the completion of the
Contract and correction of defective work before or after completion of the Contract, additional design professional
and liquidated damages resulting from CONTRACTOR's default and resulting from the actions or inactions or failure
to act of SURETY, consequential damages caused by delayed performance or non-performance of CONTRACTOR
and all costs incident to ascertaining the nature and extent of the CONTRACTOR's default, including supervisory,
administrative, engineering, arcMectural consulting and accounting fees.
SURETY expressly warrants and agrees that it is precluded from tendering a completion contractor to OWNER in
order to satisfy its obligations under the Bond and agrees itself to correct or contract for the correction or anydefau~ of
CONTRACTOR by either takeover of the wor!< or by paying OWNER the entire penal sum of the bond.
SURETY shall give written notice to OWNER of any alleged default by the Owner under the Contract. Owner shall
have not less than ninety (90) days after receipt of such notice to cure such default before SURETY is allowed to
assert the default as a defense against OWNER. The only types of default that may be asserted against
OWNER shall be monetary defaults.
PRB -2
IN WITNESS WHEREOF, the above parties bounded together have executed this instrument in five (5) original
counterparts this day of . 20_ the name and corporate seal of each
corporate party being hereto affixed and thse presents duly signed by its undersigned representative, pursuant
to authority of its governing body.
CONTRACTOR (PRINCIPAL):
Corporate Seal (Principal)
(firm name)
By:
(signature)
(type or print)
Attest
SURETY:
Corporate Seal (Surety)
(firm name)
By:
(signature)
(type or print)
Address:
Countersigned by:
Attest
Approved as to form:
Date
City Attorney
PRB -3
CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of .20_,
by (name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the corporation. He/She is
(personally known to me) (or has produced identification) as
identification.
Signature and Stamp of Notary Public
ACKNOWLEDGMENT IF PRINCIPAL IS AN INDIVIDUAL
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_, by (name of person acknowledged), who is personally
known to me or has produced as identification.
Signature and Stamp of Notary Public
ACKNOWLEDGMENT IF PARTNERSHIP
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,20_.
by (name of acknowledging partner or agent) of
partner (or agent) on behalf of
(name of partnership), a partnership. He/She is (personally known to me) (or has produced identification)
as identification.
Signature and Stamp of Notary Public
PRB -4
FLORIDA PAYMENT BOND
BOND NO.
AMOUNT:
KNOW ALL MEN BY THESE PRESENTS, that
of hereinafter called the
CONTRACTOR (Principal), whose principal address and phone number is
and , a duly organized corporation,
nationally recognized surety company licensed and/or registered to engage in the surety business in the State
of Florida and enter into agreements of surety with a resident agent licensed and having an office in Florida,
the principal address and phone number of which is
and , and existing under and by
virtue of the laws of the State of Florida, hereinafter called the SURETY, are held firmly bound unto the City of
Delray Beach, Florida as OWNER (Obligee), whose principal address and phone number is 100 NW. First
Avenue, Delray Beach, Florida 33444, (561) 243-7000, in the sum of:
Dollars, $
lawful money of the United States of America, for the payment of which, well and truly be made to the
OWNER. The CONTRACTOR and the SURETY bind themselves and each of their heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents as follows:
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT:
WHEREAS, the CONTRACTOR has executed and entered into a certain Contract hereto attached with the
OWNER, dated , 20_, to furnish at his own cost, charges, and expense all the
necessary materials, equipment, and/or labor in strict and express accordance with said Contract and the
Plans, Drawings, and Specifications prepared by the Owner's, all of which is made a part of said Contract by
certain terms and conditions in said Contract more particularly mentioned, which Contract, consisting of the
various Contract Documents specifically mentioned herein and relative thereto, is made a part of this Bond as
fully and completely as if said Contract Documents were set forth herein, for a project entitled as:
OLD SCHOOL SQUARE PARKING GARAGE
City of Delray Beach Project No. 2004-044
Project Description, including a general description of the project and the project address:
NOW, THEREFORE, the conditions of this obligation are such that if the above-bounden CONTRACTOR
shall promptly make payments to all persons supplying materials, equipment, and/or labor used directly or
indirectly by said Contractor or subcontractors in the prosecution of the work provided for in said Contract in
accordance with Sections 255.05 or 713.23, Florida Statutes; then this obligation shall be null and void and of
no further force and effect; otherwise to remain in full force and effect;
AND, the said Surety for value received, hereby stipulates and agrees that no change involving any extension
of time, or addition to the terms of the Contract or to the work to be performed, or materials to be furnished
thereunder, or in the Plans, Drawings, and Specifications accompanying the said Contract shall effect said
obligation of said Surety on this bond, and the said Surety does hereby waive notice of any such changes,
extension of time, alterations, or additions of the terms of the Contract, or to the work, or to the Drawings and
Specifications or any other changes, compliance or noncompliance to the terms of the Contract as to the work
or to the Specifications. Claimant shall give written notice to the Contractor and to the Surety as required by
PYB-l
Sections 255.05 or 713.23, Florida Statutes. Any actions against the Contractor or the Surety shall be brought
within the time specified by Sections 255.05 or 713.23, Florida Statutes.
THE CONDITIONS OF THIS BOND ARE THAT IF PRINCIPAL:
1. Promptly makes payments to alllienors supplying labor, material and supplies used directly
or indirectly by Principal in the prosecution of this work provided in the Contract Documents
between Principal and City for construction of the Project named above, the contract being
made a part of this bond by reference; and
2. Pays City all loss, damage, expenses, costs and attorneys fees, including appellate
proceedings, that City sustains because of default by Principal under Paragraph 1 of
this Bond;
Then this bond is void; otherwise, it remains in full force. And changed in or under the Contract
Documents and compliance or noncompliance with formalities connected with the contract or with the
changes do not affect Surety's obligation under this Bond.
IN WITNESS WHEREOF, the above parties bounded together have executed this instrument in five (5)
original counterparts this _ day of . 20_ the name and corporate seal of
each corporate party being hereto affixed and those presents duly signed by its undersigned representative,
pursuant to authority of its governing body.
CONTRACTOR (PRINCIPAL):
Corporate Seal (Principal)
(firm name)
By:
(signature)
(type or print)
Attest
SURETY:
Corporate Seal (Surety)
(firm name)
By:
(signature)
(type or print)
Address:
Countersigned by:
Attest
Approved as to form:
Date
City Attorney
PYB-2
CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY OF
20_. by
or agent), of
The foregoing instrument was acknowledged before me this day of
(name of officer or agent. title of officer
(name of corporation acknowledging), a
(state or place of incorporation) corporation. on behalf of the corporation. He/She
is (personally known to me) (or has produced identification)
Signature and Stamp of Notary Public
ACKNOWLEDGMENT IF PRINCIPAL IS AN INDIVIDUAL
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
day of
of person
produced
20_, by
who is personally
(name
known to me or has
(type of identification) as identification.
acknowledged).
Signature and Stamp of Notary Public
ACKNOWLEDGMENT IF PARTNERSHIP
STATE OF
COUNTY OF
by
The foregoing instrument was acknowledged before me this day of ,20_,
(name of acknowledging partner or agent) of
partner (or agent) on behalf of
(name of partnership). a partnership. He/She is (personally known to me)
(type of identification) (as
(or has produced identification)
identification) and (did/did not) take an oath.
Signature and Stamp of Notary Public
PYB-3
LIMITED POWER OF ATTORNEY
and
(Principal) (Surety)
hereby grants the City Clerk of the City of Delray Beach Power of Attorney to insert the date of execution on
the contract, surety bonds to the contract and agreement entitled,
In Witness Whereof, we have hereunto set our hand and seal this
,20_.
day of
Principal
(SEAL)
Witnesses:
Surety
(SEAL)
Print Name:
Print Name:
CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_, by (name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the corporation.
He/She is (personally known to me) (or has produced identification)
(type of identification) (as identification).
Signature and Stamp of Notary Public
LPA-l
NOTICE OF TENTATIVE AWARD
DATE:
TO:
ADDRESS:
(Bidder)
OLD SCHOOL SQUARE PARKING GARAGE
City of Delray Beach Project No. 2004-044
You are notified that your Bid dated , for the above Contract has been considered. You
are the apparent Successful Bidder. Accordingly, notice is hereby given of the Tentative Award of this contract
to you.
The Contract Price of your contract is:
$
Dollars
Cents
Five (5) copies of each of the proposed Contract Documents, (except Drawings) accompany this Notice of
Tentative Award.
You must comply with the following conditions precedent within fifteen days of the date of this Notice of
Tentative Award, that is by
1. You must deliver to the CITY five (5) fully executed counterparts of the Agreement including all the
Contract Documents. Each of the Contract Documents must bear your signature on the cover page
of each set of Contract Documents.
2. You must deliver with the executed Agreement, Insurance Certificates and the Contract Security
Bonds as specified in the Instructions to Bidders and in Article 6 of the General Conditions together
with Power of Attorney for use by the City for the purpose of inserting the date of execution of the
Contract Surety Bonds and the Agreement, within fifteen (15) calendar days from the date of this
Notice to you.
3. You should have the following prepared for the preconstruction conference.
(a) A preliminary project construction progress schedule.
(b) An itemized schedule of payment and values.
(c) A detailed shop drawing submission plan.
Failure to comply with these conditions within the time specified will entitle the CITY to consider your bid
abandoned, to annul this Notice of Tentative Award and to declare your Bid Security forfeited.
NTA-l
Within forty five (45) days after you comply with those conditions, if the contract is approved by the City
Commission, the CITY will return to you one fully signed counterpart of the Agreement with the Contract
Documents attached.
City of Delray Beach
By:
David T. Harden,
City Manager
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF TENTATIVE AWARD is hereby acknowledged
By:
this the
day of
,20
By:
Title:
Copy to: City of Delray Beach
(Use Certified Mail,
Return Receipt Requested)
NTA-2
NOTICE TO PROCEED
DATE:
TO:
ADDRESS:
(contractor)
OLD SCHOOL SQUARE PARKING GARAGE
City of Delray Beach Project N02004-o44
You are notified that the Contract time under the above contract will commence to run on
, 20_. By that date, .you are to start performing your obligations under the Contract
Documents. In accordance with the Agreement the dates of Substantial Completion and Final Completion are
,20_and ,20_, respectively.
City of Delray Beach, Florida
By:
Print Name
Title
Copy to
(Use Certified Mail,
Return Receipt Requested)
cc: Purchasing Manager
Project file (E)
NTP-l
CERTIFICATE OF SUBSTANTIAL COMPLETION
OLD SCHOOL SQUARE PARKING GARAGE
City of Delray Beach Project No. 2004-044
CONTRACTOR:
CONTRACT DATE:
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
TO: City of Delray Beach, Florida
AND TO:
(CONTRACTOR)
The Work to which this Certificate applies has been inspected by authorized representatives of the CITY,
CONTRACTOR and CONSULTANT, and that Work is hereby declared to be substantially complete in
accordance with the Contract Documents on:
(Date of Substantial Completion)
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and
the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work
in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by
CONTRACTOR within days of Substantial Completion.
The responsibilities between the CITY and CONTRACTOR for security, operation. safety, maintenance, heat,
utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
CITY:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract documents nor
is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract
Documents.
Executed by CONSULTANT on
,20_.
CSC-l
By:
Title:
CONTRACTOR accepts this Certificate of Substantial Completion on:
,20_.
By:
Title:
The CITY accepts this Certificate of Substantial Completion on:
.20_
By:
Title:
CSC-2
WARRANTY OF TITLE
(For Periodic Progress Payments)
STATE OF FLORIDA )
) SS CONTRACTOR:
COUNTY )
OLD SCHOOL SQUARE PARKING GARAGE
City of Delray Beach Project No. 2004-044
BEFORE ME, the undersigned authority, personally appeared (the
"Affiant"), who after being duly sworn, says that he is the "CONTRACTOR", pursuant to a Contract (the
"Contract") dated ,20_, with the CITY OF DELRAY BEACH, FLORIDA, (the
"OWNER"), for the supply of certain labor and/or materials (the "Work"), to certain property, as shown and
described in the Contract Documents, subsequent Addenda or Change Orders, and on behalf of the
Contractor makes the following warranties:
I. The CONTRACTOR warrants that it has fully completely in accordance with the plans and
specifications therefor, that portion of the Work, pursuant to the Contract (the "Completed Work")
covered by the attached Periodic Progress Payment Request.
II. The CONTRACTOR further warrants and represents that:
1. All subcontractors, vendors, material men, suppliers and other parties of whatever
kind of nature who are entitled to payment from the CONTRACTOR for providing
labor and/or materials to the CONTRACTOR pursuant to the Contract as of the date
in the last previous request for payment have been paid in full and therefore have
delivered to the CONTRACTOR validly executed Partial Release of claims with
respect thereto.
2. Title to all materials and equipment covered by the attached Periodic Pay Request
for Payment dated ,20_, passes to the City at the time of payment
free and clear of all liens .
(Contractor)
(Signature)
(Tille)
SWORN TO AND SUBSCRIBED before me this
day of
,20_.
Signature and Stamp of Notary Public
WT-l
FINAL RECEIPT
STATE OF FLORIDA
COUNTY OF
being first duly sworn, deposes and says as follows:
1.
He/she
is
of
(Title)
(Name of Corporation or Firm)
a corporation which is named in Construction Contract dated the
day of ,20_, between said corporation as the CONTRACTOR and the CITY OF DELRAY
BEACH, FLORIDA (the CITY) as the OWNER for the construction of:
OLD SCHOOL SQUARE PARKING GARAGE
City of Delray Beach Project N02004-044
2. CONTRACTOR has fully completed all construction and work under the Contract and Title to
all work, materials and equipment under the Contract passes to the CITY at the time of final payment, free and
clear of all liens, and all labors, and material men and subcontractors have been paid in full for performing or
furnishing the work, labor or materials under the Contract.
3. Receipt by CONTRACTOR of the final payment from CITY in the amount
$ shall constitute a full release and discharge by CONTRACTOR to the CITY of all
claims or liens of CONTRACTOR against OWNER arising out of, connected with, or resulting from
performance of the Contract, including full payment for all extra work and material furnished by the
undersigned in the construction of said improvements.
4. The undersigned further certifies that all non-exempt taxes imposed by Chapter 212, Florida
Statutes (Sales and Use Tax Act), as amended, have been paid and discharged.
5.
Statutes.
This statement under oath is given in compliance with Sections 713.05 and 713.06, Florida
Affiant Contractor
Signed and sealed in
the presence of :
By:
Print Name:
Title:
Sworn to and subscribed before me this
day of
,20_.
Signature and Stamp of Notary Public
FR-l
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Community
Improvement
Memo
To:
David Harden, City Manager \cIJn
Lula Butler, Director, Community ImprovementVY\j
November 10, 2005
Request for an Appeal to the Decision of the Site Plan Review & Appearance
Board for Bank United
From:
Date:
Re:
ITEM BEFORE THE COMMISSION:
City Commission consideraUon of an appeal of the decision by the Site Plan Review &
Appearance Board by the agent representing the owners of Bank United for a waiver to
Section 4,6,7(J)(2) of the Land Development Reguiations goveming off-premise signs, The
business is located at 331 E, Atlantic Avenue,
BACKGROUND:
The agent representing Bank United requested via the Site Plan Review & Appearance
Board (SPRAB), support of a waiver to Section 4,6,7(J) (2) of the LOR's to allow the
installation of two flat wall signs on the second floor east and south elevations of the 2-story
mixed use building which is located at the northwest comer of East AtlanUc Avenue and NE
4th Street Bank United will occupy the first floor of the building; the second floor is residential
units, The code requires that signs be placed at the location of the business, SPRAB voted
6-0 to deny the request stating that the owner was not able to establish a "hardship or just
cause," The board and staff believe adequate signage could be achieved within the
perimeters and compliance of the current code,
Section 2.4.6(B)(5) of the LOR's allows the Commission to grant waivers to this section of the
code, making a finding of fact of one of the following:
. That the sign shall not adversely affect the neighboring area,
. Shall not significantly diminish the provision of public facilities,
. Shall not create an unsafe situation, and
. Does not result in the granting of a special privilege in that the same waiver would
not be granted under similar circumstances on other property for another applicant
or owner.
RECOMMENDATION:
Staff recommends denial of the appeal of the decision of SPRAB for a waiver to Section 4,6,7(J)(2) of
the Land Development Regulations goveming the placement of signs at the business locations as
requested by Bank United,
(Jf,
tpv1
'=\/\
III. APPROVAL OF MINUTES
The Minutes for the Regular Meeting of September 14, 2005 were before the Board for
consideration. Mr. Youngross stated that under Item VI.B., Board Comments should state
"will not be able to attend the two scheduled October meetings". Mr. Aguila made a motion
to approve the minutes as amended. The motion was seconded by Mr. Youngross and
passed 6-0.
IV SIGNS
A. Bank United: 331 East Atlantic Avenue; Waiver to the Siqn Code; Denise Williams.
Authorized Aqent.
Chairman Cope invited staff to make a presentation.
Mr. George Diaz, Chief Building Official entered the file into the record and presented the
item to the Board through a review of the staff report. Bank United will occupy the first floor
at 331 East Atlantic Avenue, a mixed use building with residential apartments on the 2nd
floor, located at the northwest corner of East Atlantic Avenue and N.E, 4th Street The
proposal is a waiver request to place two flat wall signs on the 2nd floor on the south and
east elevation. LOR Section 4.6,7(J)(2) Off-Premise Signs, states that a sign advertising a
business that is not located where the sign is placed, is prohibited.
Identical flat wall signs are proposed to be l' 10" high by 17' 2" in length (31.40 square
feet), internally illuminated, blue faced channel letters mounted on a raceway and placed
over the 2nd story windows, A logo of a palm tree in white, yellow and blue will be placed in
front of the copy that reads, "Bank United",
If the Board supports the request to waive the sign code a recommendation stating the
reason for just cause or hardship must be forwarded to the City Commission for final
approval.
Staff cannot support the request for a waiver to the sign code to allow an off-premise sign
because placement of the signs on the first floor is available to the applicant:
1. 20% of the window space is available on both elevations;
2. Staff suggests flat wall signs similar to the "Cold Store Creamery" and "Cabana EI Rey";
and
3, Redesign the awning to support signs on both elevations, (The prior tenant, "Huber
Drugs" placed vinyl copy on the existing awnings,).
Staff also feels the 300 block of East Atlantic Avenue is very narrow and signs placed on
the first floor will be the most visible to drivers,
Chairman Cope inquired if the applicant had any questions of staff. There were none,
Chairman Cope invited the applicant to make their presentation.
Ms. Karyn Rivera of Expertditers, Inc., stated that per their Conditional Use approval one of
the conditions is to have retail type display along a minimum of 50% of building frontage on
Atlantic Avenue. Our hardship is that everybody in Delray Beach can have their windows
for their signs from us because we will only have 19 square feet of window to finish up.
That is virtually nothing for a business to have a sign. The owner and the tenants are
2
SPRAB Minutes 9/28/05
allowing us to do this and we can get written consent if the Board would support our
request.
Chairman Cope inquired if anyone from the Public wanted to speak for or against the
project. There were none,
Chairman Cope closed the public hearing and the Board commenced deliberations on the
proposal.
The Board discussed the following with the applicant:
. Why they only have 19 square feet of window for displays,
. Ms. Rivera explained that it was because 50% is for everyone else's window displays
and the deduction used for the walk up ATM,
. Why don't you redesign the awning to support signs on both elevations.
. Mr. Andy Feldbeal of Bank United stated that we have never done that before and it is
not part of the Bank's standards,
. Ms. Shari Dillard of Bank United stated that the awning could not be illuminated.
After further discussion, the consensus of the Board was there wasn't a hardship and could
not support the waiver request.
It was moved by Ms, Morrison, seconded by Mr, Youngross and passed 6-0 to deny the
request to support a waiver to the sign code LDR Section 4.6.7(J)(2) Off-Premise Signs, for
two flat wall signs for Bank United, 331 E, Atlantic Avenue as presented, based on failure
to make a claim of hardship or just case.
Mr. Carter stepped down from the dais for the following item.
B. Safe & Secure Self Storaae: 2512 North Federal Hiahwav: New Proposed Blanket Sian
Proaram and a Waiver to the Sian Code: Mark Greaorv. Authorized Aaent.
Chairman Cope invited staff to make a presentation.
Mr. George Diaz, Chief Building Official entered the file into the record and presented the
item to the Board through a review of the staff report. The proposal is to establish the
criteria for a Blanket Sign Program and a waiver request to the Sign Code. Safe & Secure
Self Storage is a 4-story building under construction at 2412 North Federal Highway with
frontages on North Dixie Highway and North Federal Highway. It is a mixed use with six
retail bays on the first floor facing east to North Federal Highway, and warehouse/storage
bays occupying the rest of the building.
The Blanket Sign Program consists of the following:
Free StandinQ SiQns: Two (2) monument style free standing signs are proposed, one is to
be placed at the entrance on South Dixie Highway and the other at the North Federal
Highway entrance, They will be masonry structures with a smooth stucco finish matching
the color of the building, with ground mounted illumination, The letters are made of y."
aluminum plate, and will be a maximum of 8" high, All copy will be colored china red, and
will read "Safe & Secure Self Storage", with the logo of a badge behind the "&". The phone
number & address is below the copy. The proposed monument style free standing signs
are as follows:
3
SPRAB Minutes 9/28/05
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Date: November 9, 2005
Agenda Item No, 9 f\
AGENDA REQUEST
Agenda request to be placed on:
_X _ Regu]ar
_ Special
_ Workshop
Consent
When: November ]5, 2005
Description of Agenda Item:
Request for an Appea] to SPRAB's Decision for Bank United Signage
33] E. Atlantic Avenue
Ordinance/Resolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: .'.ppl"":<1 ~\\\ D.. \
Department Head Signature:
~~.
-
City Attorney Review/Recommendation (if app]icable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
(if applicable)
City Manager Review:
Approved for agenda: 1f;J / No RYJII /1
Hold Until: U Z; f - I
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
Memorandum
~
To:
David Harden, City Manager
Lula Butler, Director, Community ImprovementJi;;
From:
Date: November 9, 2005
Re: Request for a Waiver to the Sirn Code Section 4.6.7(F)(7) - Safe & Secure Self Storage
Item Before the Commission:
City Commission consideration of a waiver to Section 4.6,7(F)(7) of the Land Development Regulations (LDR's)
governing the number and placement of wall signs in commercial districts, pursuant to the request by the agent
representing the owners of Safe & Secure Self Storage, 2412 N, Federal Highway.
Background:
The Safe & Secure Self Storage commercial project is a 4"story mixed-use building (retail and warehouse/storage)
located at 2412 N, Federal Highway with frontages on Federal Highway and North Dixie Blvd. The Blanket Sign
Package for the commercial site, which includes the provision for two monument free standing signs, flat wall &
under-canopy signs for the six retail bays, and two building identification flat wall signs, was approved by the
Site Plan Review & Appearance Board (SPRAB) at their regular meeting on September 2S, 2005,
The two building identification flat wall signs approved are identical and will be placed on the top floor of the
east (Federal Highway) and north elevations of the building, The signs will be 3'10" high by 14'5" in length
(55.19-SF) with IS" high channel letters, flush mounted on two lines of copy. Section4,6,7(F)(7) provides for one
wall sign per business along with the requirement that the sign must face a dedicated street. The wall sign
proposed for the north elevation is in excess of what is allowed under the code and does not meet the test of
facing a "dedicated street"
SPRAB voted 4-1 in support of the waiver and directed staff to forward the request to the City Commission for
their consideration of waiving Section 4.6.7(F)(7) of the Land Development Regulations governing the number
and placement of wall signs in general commercial districts for this commercial site, The board's decision was
based on the findings that the site is narrow, that there is no deceleration lane on Federal Highway and the
speed of the vehicular traffic in this area is sufficient to establish a hardship to the site,
Section 2.4.7(B)(5) of the Land Development Regulations allows the City Commission to grant waivers to the
Section of this code that governs signs, providing the Commission shall make a finding of fact based on one of the
following:
. The granting of a waiver shall not adversely affect the neighboring area,
. Shall not significantly diminish the provision of public facilities,
. Shall not create an unsafe situation, and
. Does not result in the granting of a special privilege in that the same waiver would not be granted under
similar circumstances on other property for another applicant or owner.
RECOMMENDATION:
Staff recommends approval of the waiver to Section 4.6,7(F)(7) pursuant to the actions of the decision of the
Site Plan Review and Appearance Board for the Safe & Secure Self Storage building.
C1B
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allowing us to do this and we can get written consent if the Board would support our
request
Chairman Cope inquired if anyone from the Public wanted to speak for or against the
project There were none.
Chairman Cope closed the public hearing and the Board commenced deliberations on the
proposal.
The Board discussed the following with the applicant:
. Why they only have 19 square feet of window for displays.
. Ms, Rivera explained that it was because 50% is for everyone else's window displays
and the deduction used for the walk up A TM,
. Why don't you redesign the awning to support signs on both elevations.
. Mr. Andy Feldbeal of Bank United stated that we have never done that before and it is
not part of the Bank's standards.
. Ms, Shari Dillard of Bank United stated that the awning could not be illuminated,
After further discussion, the consensus of the Board was there wasn't a hardship and could
not support the waiver request
It was moved by Ms. Morrison, seconded by Mr. Youngross and passed 6-0 to deny the
request to support a waiver to the sign code LDR Section 4,6.7(J)(2) Off-Premise Signs, for
two flat wall signs for Bank United, 331 E. Atlantic Avenue as presented, based on failure
to make a claim of hardship or just case,
Mr. Carter stepped down from the dais for the following item,
B, Safe & Secure Self Storaqe; 2512 North Federal Hiqhwav: New Proposed Blanket Siqn
Proqram and a Waiver to the Siqn Code; Mark Greqorv, Authorized Aqent
Chairman Cope invited staff to make a presentation.
Mr. George Diaz, Chief Building Official entered the file into the record and presented the
item to the Board through a review of the staff report, The proposal is to establish the
criteria for a Blanket Sign Program and a waiver request to the Sign Code, Safe & Secure
Self Storage is a 4-story building under construction at 2412 North Federal Highway with
frontages on North Dixie Highway and North Federal Highway, It is a mixed use with six
retail bays on the first floor facing east to North Federal Highway, and warehouse/storage
bays occupying the rest of the building,
The Blanket Sign Program consists of the following:
Free Standinq Sians; Two (2) monument style free standing signs are proposed, one is to
be placed at the entrance on South Dixie Highway and the other at the North Federal
Highway entrance, They will be masonry structures with a smooth stucco finish matching
the color of the building, with ground mounted illumination, The letters are made of y."
aluminum plate, and will be a maximum of 8" high. All copy will be colored china red, and
will read "Safe & Secure Self Storage", with the logo of a badge behind the "&". The phone
number & address is below the copy. The proposed monument style free standing signs
are as follows;
3
SPRAB Minutes 9/28/05
(a) Dixie Hiohwav Entrance: Total sign height is 9' 6" high by 8' 0" in length (76 square
feet). The sign area will be 3' 6" high by 6' 5" in length (22,5 square feet),
(b) North Federal Hiohwav: Entrance: Total sign height is 7' 0" high by 8' 0" in length (56
square feet). The sign area will be 3' 1" high by 6' 6" in length (20 square feet), as
required by code for signs in the set-back,
Tenant Flat Wall Sions: Tenant flat wall signs will be flush mounted, individual illuminated
pan channel letters, installed on raceways mounted behind the wall. Letter faces will be
#2283 red, with red 1" trim-cap & red neon, returns to match the color of the building, The
signs are placed on the sign band between the columns, with a minimum space of 12" from
the edge of the sign to each column. The letters may not overlap any building feature. A
variety of letter styles are allowed with letter height not to exceed 18" in height
Under-Canopv Sions: The non-illuminating, under-canopy signs are proposed at 9.5" high
by 60" in length (3,75 square feet), The signs are made of y." thick aluminum and will have
a red colored frame, red copy on a white background and the letter height is 4,5", The
signs will not be seen from the street as they suspended from ceiling above the lowest line
of the front fascia,
Buildino Identification Flat Wall Sions: Two (2) identical building identification flat wall
signs are proposed to be placed on the fourth floor. One will face east to North Federal
Highway and the other will face north, Each sign is 3' 10" high by 14' 5" in length (55.19
square feet), with 18" high illuminated channel letters, flush mounted, on two lines of copy,
The face color is china red, with red trim-cap and neon, returns to match the color of the
building, and the copy will read, "Safe & Secure Self Storage" with a iogo of a "badge"
behind the "&",
Mr. George Diaz, Chief Building Official explained the waiver request to the Sign Code,
The applicant is requesting support to place one building identification flat wall sign on the
north elevation that does not face a dedicated street frontage, as required by the sign code,
LDR Section 4.6.7(F)(7) Design Standards Matrix, specifies that flat wall signs must face
dedicated street frontage. If the Board supports the waiver request a recommendation of
just cause or hardship must be forwarded to the City Commission for approval.
Mr. George Diaz, Chief Building Official stated he approved of the plan.
Chairman Cope inquired if the applicant had any questions of staff, There were none,
Chairman Cope invited the applicant to make their presentation.
Mr. Mark Gregory, Sign Specialist was available to answer any questions regarding the
signs,
Mr. Michael Weiner, Attorney gave a power point presentation to address the waiver
request He explained that the hardship for the waiver request is the narrowness of the lot
Mr. Weiner highlighted LDR Section 2.4,7 the criteria for granting a waiver. Due to the
narrowness of this lot, drivers will be by it before they get into it and there is no deceleration
lane from Federal Highway there is only one lane, We all know the speeds that people
travel on Federal Highway and under those circumstances we should do something about
this and that is why we have requested the waiver for the sign, Mr. Weiner presented four
flat wall signs in Delray Beach that don't face a dedicated street frontage. He stated that a
55 square foot sign placed in this location given all that is happening inside of this building
certainly won't create a situation that makes the building unattractive. We believe that we
4
SPRAB Minutes 9/28/05
have met the burden for the waiver that we have respectively asked for and staff agrees
with us.
Chairman Cope inquired if anyone from the Public wanted to speak for or against the
project There were none.
Chairman Cope closed the public hearing and the Board commenced deliberations on the
proposal.
A lengthy discussion ensued, regarding the waiver request and the majority of the Board
was supportive and felt the sign would be beneficial. Allowing the sign would forewarn
drivers of the self storage facility,
It was moved by Mr. Aguila, seconded by Mr. Youngross and passed 4-1 (Ms, Morrison
dissenting) to approve the Blanket Sign Program for "Safe & Secure Self Storage", for the
two free standing signs, the tenant flat wall and under-canopy signs and the flat wall
building identification signs, pursuant to positive findings in LDR Section 4,6.7(E)(2)(b). The
Board supports the request for a waiver to the Sign Code, LDR Section 4.6,7(F)(7), to place
a flat wall sign on the north elevation and recommends approval to the City Commission for
the following hardship:
1, Due to the narrowness of this lot, no deceleration lane from Federal Highway there is
only one lane and the speed that drivers travel on Federal Highway,
Mr. Carter stepped back to the dais.
The Board moved to Delray Subaru; Class I.
V. MISCELLANEOUS
C. Delrav Subaru: 2102 South Federal Hiohwav: Class I: Greoory Miklos. Authorized Aoent
Chairman Cope invited staff to make a presentation.
Mr. Estelio Breto, Senior Planner entered the file into the record and presented the item to
the Board through a review of the staff report, The development proposal consists of the
removal of a portion of the mansard roof and construction of a 6'-6" x 6'-6" square column at
the northeast corner of the Subaru building. The column is attached to the existing building
and will extend to a height of 24 feet The exterior of the column will be finished with a
cultured stone facing (Coronado stone mountain ledge) in a Dakota brown color. The
proposed column exhibits the Subaru "Icon" sign, which is addressed as a separate agenda
item.
The proposed column extends into and beyond the adjacent sidewalk and encroaches into
the maneuvering area for the westernmost parking space immediately north of the
proposed column, While it is noted on the plans that this parking space is being eliminated
to accommodate a "new 12" high raised area for 2-car display", that proposal is not being
accommodated with this modification request If that modification request is not approved,
then the applicant will be required to eliminate this parking space,
The building has a nondescript storefront fagade with a mansard roof with Spanish "S" tiles,
A shed style canvas awning projects from the eave of the mansard roof at the south end of
5
SPRAB Minutes 9/28/05
Date: November 9, 2005
Agenda Item No, _' 9'~
AGENDA REQUEST
Agenda request to be placed on:
_X_Regular
_ Special
_ Workshop
Consent
When: November 15, 2005
Description of Agenda Item:
Request for a Waiver to the Sign Code, Section 4.6.7(F)(7) for
Safe and Secure Self Storage
2412 N. Federal Highway
Ordinance/Resolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:~.e'0~~-
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
(if applicable)
City Manager Review:
Approved for agenda: t;J / No IYJ. /J
Hold Until: L . ,v I
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
'i".L'ii??!
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FROM:
DA~T.HAR~~~~:XMANAGER
PAuL ~IN~OR OF PLANNING AND ZONING
JAMES G. CAIN, SENI~ PLANNER9~ Cd...-
MEETING OF NOVEMBER 15, 2005
CONDITIONAL USE REQUEST TO ALLOW A HEIGHT IN EXCESS OF 48 FEET
(MAXIMUM HEIGHT OF 60 FEET ALLOWED) FOR FIFTH AVENUE FLATS. A
PROPOSED MIXED-USE DEVELOPMENT THAT INCLUDES 12 RESIDENTIAL
CONDOMINIUMS AND 3,183 SQ. FT. OF OFFICE/RETAIL SPACE, LOCATED
AT THE NORTHWEST CORNER OF NE 5TH AVENUE AND NE 2ND STREET
TO:
THRU:
SUBJECT:
The conditional use request is associated with the establishment of a four-story mixed-use
building, containing 908 square feet of retail floor area and 2,275 square feet of office floor area
on the first floor; and 12 residential condominium units (one, two, & three-bedroom) on floors 2-4,
The development also includes recreational facilities, including a pool & deck area, lounge, and
exercise room on the fourth floor. The ,43 acre site is currently vacant and located at the
northwest corner of NE 5th Avenue and NE 2nd Street
Conditional use approval has been requested to allow a building height of up to 60' (54.5' is
proposed), A detailed description and analysis of the proposal is contained within the attached
Planning and Zoning Board Staff Report of October 17, 2005,
~i'i""t';"":""::b~","N<fAADZ~AR~CJ8f1bERATID""";;''':i'~~,",~:O::;~~ill
At its meeting of October 17, 2005, the Planning and Zoning Board held a public hearing in
conjunction with the request and no one from the public spoke, After discussing the proposal, the
Board voted 5-1 to recommend approval subject to conditions.
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By motion approve the conditional use request to allow for a building height in excess of
48' (54.5' proposed) for 5th Avenue Flats, by adopting the findings of fact and law
contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.3.4(J)(4)(b)
and Chapter 3 of the Land Development Regulations, subject to the conditions outlined in
the Planning & Zoning Board Staff Report.
Attachment: P&Z Staff Report and Documentation of October 17, 2005
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PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
October 17, 2005
IV-E.
Conditional Use Request to allow a height in excess of 48 feet (maximum
height of 60 feet allowed) for Fifth Avenue Flats, a proposed mixed-use
development that includes 12 residential condominiums and 3,183 sq. ft. of
office/retail space
Owner......................................... 200 NE 5th Avenue LLC
(Timothy Diamond)
Agent. .................. ................ George Brewer Architecture
(Terry Lessard)
Applicant...............,..................... 200 NE 5'h Avenue LLC
Location...................................... 200 NE. 5th Avenue
Property Size.............................. 0.43 acres/18,715 Square Ft.
Future Land Use Map................ CC (Commercial Core)
Current Zoning...,........................ CBD
(Central Business District)
Adjacent Zoning,...............North: Central Business District
(CBD)
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West: Central Business District-Rail Corridor t= ~
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Existing Land Use...................... IIJ1 II II L..J,..
Proposed Land Use.................... Mixed Use-Residential, [jA T L/~T I C A V E N,~'hrl
Office-Retail IIUJ]]] J]]JI[gJIlJ W-t.ill
Water Service............................. Existing on site. ,- ~~~gB- l--
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The action before the Board is making a recommendation to the City Commission on a conditional
use request for 5th Avenue Flats to allow an increase to the building height in the Central Business
District (CBD) from 48 to 54.5 feet.
The property is located at 200 NE 5th Avenue and is situated at the Northwest corner of NE 5th
Avenue and NE 2nd Street. The frontage and primary access to the site is from NE 5th Avenue.
1~""~C"C":".";~~'l1'$>'~;~':,,::""::":'7'~Aijf(~~J~E.~O'if,'~~:'.~'ili"'.~~~:l11
At its meeting of February 14, 2001, the Site Plan Review and Appearance approved a site plan for
the construction of an 11,084 sq, ft. 3-story office building on the site. The project was never
constructed and the project approval has expired, The property contains 0.43 acres, and is
currently undeveloped. The proposed residential density of this development is 27.9 units per acre,
which is less than the maximum allowable density of 30 dwelling units per acre allowed as a
permitted use in the CBD zoning District.
A development proposal has been received which involves the construction of:
. A four-story mixed-use building, containing 908 square feet of retail floor area and 2,275
square feet of office floor area on the first floor; and 12 residential condominium units (one,
two, three-bedroom) on floors 2-4;
. A total of twenty-nine (29) parking spaces are proposed for the development. Seventeen
(17) spaces are located within the structure, on the first floor. The remaining twelve (12)
spaces, including the two handicapped spaces are located behind the building;
. Recreational facilities, including a pool & deck area, lounge, and exercise room, are
proposed on the fourth floor.
~~:",;"':&~"f?,'''~-:''~~~i~;;;c~~s'''~~
Structures in the CBD may generally be no more than 48' high, unless conditional use approval is
granted to exceed this standard, to a maximum of 60', Height is measured from the crown of the
road to the top of a flat roof, or to the midpoint of a pitched roof. The proposed mixed-use structure
has a maximum height measuring 54,5'. The City Commission may approve an increase in height
to a maximum height of 60' pursuant to the processing of a conditional use request and based
upon a finding of compliance with each of the enumerated criteria listed in this staff report.
Pursuant to LDR Section 4.3.4(J) (4) (b), as discussed later in this report, positive findings can be
made with respect to the referenced LDR Section,
REQUIRED FINDINGS (Chapter 31:
Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or minutes.
Findings shall be made by the body, which has the authority to approve or deny the
development application. These findings relate to Future Land Use Map Consistency,
Concurrency, Comprehensive Plan Consistency and Compliance with the LDRs as noted
below.
Planning and Zoning Board Staff Report
5'h Avenue Flats-200 NE 5'h Avenue - Conditional Use Request
Page 2
FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and
the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map designation of CC (Commercial Core) and is
zoned CBD (Central Business District), The CBD zoning district is consistent with the (CC) Future
Land Use Map designation. Pursuant to LDR Section 4.4,13(B)(4), multi-family dwelling units,
excluding duplexes, are allowed in the Central Core area of the Central Business District up to a
density of 30 dwelling units per acre as permitted uses, Also, pursuant to LDR Section 4.4.13(B)(1)
& (2), General Retail and Office uses are allowed as permitted uses. Based upon the above,
positive findings can be made with respect to consistency with the Future Land Use Map,
CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to
new development concurrent with issuance of a Certificate of Occupancy. These facilities
shall be provided pursuant to levels of service established within the Comprehensive Plan.
Water and Sewer: Water service is accessible via service lateral connections extensions from an
existing 6 inch water main along NE 2nd Street and existing 12 inch water main along NE 5th
Avenue. Sewer service will be provided via a lateral connection to a 15 inch sewer line along NE
2nd Street. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-
out. Based upon the above, positive findings can be made with respect to this level of service
standard.
Drainaae: The site plan indicates that an exfiltration trench system will be placed under the
parking lot (both inside and outside the building) for drainage. There are no problems anticipated in
accommodating on-site drainage; however, additional engineering details, regarding drainage will
need to be addressed at the time of site plan approval. Based upon the above, positive findings
with respect to this level of service standard can be made,
Streets and Traffic: A traffic study was submitted by Gerald B. Church, PE which indicates the
proposed development will generate 14 peak a.m. and 18 peak p.m. vehicle trips onto the
surrounding roadway network. A letter has been received from the Palm Beach County
Engineering Department indicating that the proposed mixed-use project meets the Traffic
Performance Standards for concurrency subject to the project aggregation rules. Based upon the
above, a positive finding can be made with respect to traffic concurrency.
Parks and Recreation Facilities: The proposed 12 residential units will not have a major impact
with respect to the level of service standards for parks and recreation facilities. However, pursuant
to LDR Section 5.3.2(C), whenever a development is proposed upon land which is not designated
for park purposes in the Comprehensive Plan, an impact fee of $500.00 per dwelling unit will be
collected prior to issuance of building permits for each unit. This will require that an impact fee of
$6,000.00 will be paid for this development.
Solid Waste: Trash generated each year by the proposed 12 dwelling units is 6.24 tons; 4.63 tons
for the 908 square feet of retail floor area; and 6.14 tons for the 2,275 square feet of office area.
The combined total of the proposed mixed use project is 17.01 tons per year. The Solid Waste
Authority has indicated that its facilities have sufficient capacity to handle all development
proposals till the year 2024, Therefore, a positive finding with respect to this level of service
standard can be made.
Schools: The applicant has submitted a School Concurrency Application to the School District of
Palm Beach County, which must approve the development proposal for compliance with the
adopted Level of Service for School Concurrency, Verification from the Palm Beach County School
Planning and Zoning Board Staff Report
5th Avenue Flats-200 NE 5th Avenue - Conditional Use Request
Page 3
District is pending and a written finding of approval from the School District is attached as a
condition of approval.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required
findings in LOR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and pOlicies found in
the adopted Comprehensive Plan may be used in making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the
following applicable objectives and policies that are relevant to the Conditional Use application are
noted:
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
There are no special physical or environmental characteristics of the land that would be negatively
impacted by the proposed mixed use (residential, retail and office) development. The development
will be complimentary with the surrounding commercial developments and provide a customer
base for the businesses on a year-round basis, which in tum will provide economic stability and
growth for the downtown area.
In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan
states the following:
'One of the most important objectives of the City's overall housing policy is the
establishment of housing in the downtown area. In the years since adoption of the 1989
Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally
oriented shopping district to a vibrant year-round retail, service, and entertainment area with
an active nightlife, A critical missing element is a significant housing development. The
City recognizes the importance of providing housing in close proximity to shopping,
employment, and transportation, and the need to have a residential base to support the
businesses in the downtown area".
The proposed Fifth Avenue Flats development will help to fulfill this stated land use need by
providing 12 additional dwelling units to the downtown area in close proximity to shopping and
place of work, and is therefore consistent with this policy.
Future Land Use Element Obiective C-4: The Central Business District (CBO) represents the
essence of what is Oelray Beach i.e. a "village like, community by the sea". The continued
revitalization of the CBO is essential to achieving the overall theme of the City's
Comprehensive Plan of "A City Set Apart In South Florida". The following policies and
activities shall be pursued in the achievement of this objective:
Policy C-4.1: The CBO zoning district regulations shall facilitate and encourage
rehabilitation and revitalization and shall, at a minimum, address the following:
1:1 Deletion of inappropriate uses;
1:1 Incentives for locating retail on the ground floor with office and residential use on
upper floors;
1:1 Accommodating parking needs through innovative actions;
1:1 Incentives for dinner theaters, playhouses, and other family oriented activities;
1:1 Allowing and facilitating outdoor cafes;
1:1 Incentives for mixed use development and rehabilitation;
Planning and Zoning Board Staff Report
5th Avenue Flats-200 NE 5th Avenue - Conditional Use Request
Page 4
o Elimination of side yard setback requirements; and
o Allow structural overhang encroachments into required yard areas.
The development proposal will locate 12 residential dwelling units of various floor plans and sizes
within the downtown area. The residents of these dwellings will be able to walk to shops,
restaurants, cultural areas and parks. They will interact on a regular basis with the storekeepers
and employees, and their neighbors. They will get to know the downtown much more intimately
than the majority of Oelray residents. They will play a major role as participants in, and
contributors to, the downtown area community. The Fifth Avenue Flats development proposal is
consistent with Future Land Use Element Policy C-4.1 as it will facilitate the continued
rehabilitation and dynamic revitalization of the CBO zoning district
Transportation Element Policv 0-2.2: Bicycle parking and facilities shall be required on all
new development and redevelopment. Particular emphasis is to be placed on development
within the TCEA Area.
The development proposal does not accommodate a bicycle parking facility (i.e. bike rack) on site.
Therefore, a bike rack must be located adjacent to the entrancellobby area of the building and is
attached as a condition of approval. Subject to this condition being addressed, the development
will comply with Transportation Element Policy 0-2.2.
Open Space and Recreation Element Policv A-3.1: Tot lots and recreation areas serving
children from toddlers to teens, shall be a feature of all new housing developments as part
of the design to accommodate households having a range of ages. This requirement may
be waived or modified for residential developments located in the downtown area and for
infill projects having fewer than 25 units.
This requirement may be waived or modified for projects in the downtown, because the City
recognizes that households located in the downtown are likely to have fewer children than those
located in suburban settings. Further, land in the downtown is at a premium and it can be cost
prohibitive to provide recreational features such as tennis courts, volleyball courts, etc, However,
the proposed development does provide some recreational facilities to its residents, such as a
swimming pool, lounge and exercise room.
Some of the recreational, cultural and open space opportunities located in proximity to the Fifth
Avenue Flats development include: Veteran's Park, which includes a large playground and
recreational area; the Municipal Beach, the Osceola Park Currie Commons which includes a
baseball field and playground, the City's Tennis Center, and Old School Square Cultural Center.
As playground areas are located close by (Veteran's Park and Osceola Park Currie Commons) and
other facilities that can be utilized by children, such as the pool, the intent of this policy will be met
Based on the above it is appropriate to waive in part (tot lot) this requirement to provide these
services entirely on site,
Housina Element Obiective B-2: Redevelopment and the development of new land shall
result in the provision of a variety of housing types which shall continue to accommodate
the diverse makeup of the City's demographic profile, and meet the housing needs
identified in this Element. Policies, which will implement this objective, include:
Housina Element Policv B-2.2: The development of new adult oriented communities within
the City is discouraged. New housing developments shall be designed to accommodate
households having a range of ages, especially families with children, and shall be required
to provide three (3) and four (4) bedroom units and activity areas for children ranging from
toddlers to teens. This requirement may be waived or modified for residential development
located in the downtown area and for infill projects having fewer than 25 units.
Planning and Zoning Board Staff Report
5th Avenue Flats-200 NE 5'h Avenue - Conditional Use Request
Page 5
This development will not be restricted to occupancy by adults only. However, it is acknowledged
that downtown dwellings are not typically occupied by families with children, The proposed
development will primarily accommodate young and middle-age professionals, The development
will provide a mix of one (1) and two (2) bedroom units, As allowed by this policy, it is appropriate
that there not be a requirement to provide three (3) and four (4) bedroom units and specific activity
areas for children for those residential development located in the downtown area.
Housina Element Policy B-2.6: Housing in and near the downtown area, in close proximity
to employment opportunities and services, is a critical need. In order to help stimulate
demand for new housing in and around the Central Business District, the development of
new rental housing projects outside of the TCEA and North Federal Highway area is
discouraged.
The development proposal is consistent with Housing Element Policy B-2,6 as it provides the
desired type of residential development within the CBD.
Housina Obiective A-12: To assist residents of the City in maintaining and enhancing their
neighborhood environment, the City shall take steps to ensure that modifications in and
around the neighborhood do not lead to its decline, such as those described in the
following policies.
Housina Policy A-12.3: In evaluating proposals for new development or redevelopment, the
City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be modified
accordingly or denied.
As noted previously, the residents of this development will aid in the revitalization and economic
stability of the downtown area, However, the introduction of additional residential dwelling units will
increase safety of the area by introducing more night time activity and more "eyes on the street" as
a deterrent to criminal behavior. The proposed increase in height should not have a significant
impact on the area as the design guideline requirements for the CBD help to minimize negative
impacts. Based upon the above, the development proposal will be consistent with Housing Policy
A-12.3.
REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT:
Structures in the CBD may generally be no more than 48' high, unless conditional use approval is
granted to exceed this standard to a maximum of 60'. Height is measured from the crown of the
road to the top of a flat roof, or to the midpoint of a pitched roof. The proposed mixed-use structure
has flat roofs with the maximum height measuring 54.5',
Pursuant to LOR Section 4.3.4(J)(4)(b)(i)(9), (Area I) an increase to a maximum height of 60'
may be approved by the City Commission as a conditional use for all property within the
Central Core portion of the CBD (Central Business District), except for that portion within
150 feet of any zoning district which has a maximum height limit of 35 feet, measured from
the property line of the CBD zoned property. The City Commission may approve an increase
in height to a maximum height of 60' based upon a finding of compliance with each of the
enumerated criteria listed below.
(i) That the structure is to be located in one of the following geographic areas:
Planning and Zoning Board Staff Report
5th Avenue Flats-200 N E 5th Avenue - Conditional Use Request
Page 6
(9) Area "I" - all property within the CBO except for property lying east of the
Intracoastal Waterway.
The subject property is zoned CBO and is located west of the Intracoastal Waterway,
(ii) That the increase in height will not provide for, nor accommodate, an increase in the
floor area (within the structure) beyond that which could be accommodated by
development which adheres to a height limitation of 48', except for the following
situations:
(1) An increase in intensity is allowed when the increase from 48' to 60' is for the
purpose of accommodating residential use on the top floor of the structure;
however, the increase in intensity is only for the added residential use area;
(2) An increase in intensity is allowed when there is a transfer of development rights
pursuant to Section 4,6.20.
The increase in height is requested to allow for a higher ground floor level to
accommodate service vehicles under the building, The proposed building is 4 stories
high. There is no increase in the floor area beyond what could be accommodated within
the 48' height limit.
(ill) That the increase in height is based on or will result in two, or more, of the following:
(1) That workforce housing is provided within the development in a manner
consistent with the provisions of Sections 4.7.5(a) and (d);
Not applicable.
(2) That 500/. or greater of an area of the ground floor is devoted to parking and
vehicular traffic circulation;
The development proposal meets this criterion with more than 50% of the total ground
floor area devoted to parking and/or vehicular traffic and circulation.
3) That for each foot in height above 48', an additional building setback of two feet
(2') is provided from the building setback lines which would be established for a
48' tall structure. The additional setback is required from all setback lines (i.e.,
front, side, and rear) for the portion of the building that extends above 48 feet. In
lieu of this setback requirement, buildings in the CBO zone shall adhere to the
setback requirements of that district.
The development proposal does not provide the additional 2' setback for each foot in
excess of 48'. In lieu of this requirement, the development proposal attempts to comply
with the setbacks for the CBO (Central Business District), As shown in the tables in the
Building Setback portion of this report, the development proposal partially complies with
the required building setbacks along NE 5th Avenue and NE 2nd Street for a 4-story
building in the Central Business Oistrict (CBO) according to LOR Section
4.4.13(F)(3)[Table 4.4.13-2]. Therefore, a finding of compliance with this criteria can be
made subject to the condition that the proposed development is modified to comply with
the CBO setback requirements. These modifications will be required with submittal for
site plan approval.
Planning and Zoning Board Staff Report
5th Avenue Flats-200 NE 5th Avenue - Conditional Use Request
Page 7
(4) That a minimum of 500/. of the ground floor building frontage consist of
nonresidential uses (excluding parking).
The non-residential ground floor building frontage is 62%, which includes frontage on NE
2nd Street and NE 5th Avenue, Based on the above, a positive finding can be made that the
proposed development complies with this criteria.
Summary:
Based on the above analysis, The project can comply with three of the criteria, subject to
compliance with conditions of approval that relate to compliance with the CBD setback
requirements. Therefore, the proposed development is eligible for an increase in height,
subject to compliance with the conditions of approval.
LDR SECTION 2.4.5(El - REQUIRED FINDINGS:
Pursuant to LDR Section 2.4.5(E) (5), in addition to provIsions of Chapter 3, the City
Commission must make findings that establishing the conditional use will not:
A, Have a significantly detrimental effect upon the stability of the neighborhood
within which it will be located;
B. Hinder development or redevelopment of nearby properties.
The following table identifies the zoning designations and uses adjacent to the subject property:
North:
South:
East:
West:
The development proposal will significantly enhance the aesthetics of the subject property unifying
the majority of the parcels under a single development. Further, the neighborhood and the
downtown as a whole will benefit by the inclusion of new residential dwelling units.
The increase in building height over the standard 48' to 54.5' will not be detrimental to the
surrounding neighborhood. As discussed previously, the upper levels (second through fourth) of
the structure are proposed to be stepped-back, The buildings have been designed to provide a
significant relief in the perception of mass by using a diversity of roof levels with different heights
intervals, The various roof lines are well articulated by stepping back as much as 34' feet from the
front facades of the building. This contributes to reduce the perception of mass, provides a
variation in design and adds significant visual interest to the elevations, In addition to the step
backs and offsets provided, the architectural elevations of the structure also incorporate diversity in
light green colors, window and door shapes and locations. Also, multiple covered and uncovered
balconies and terraces, Bahamas shutters, and decorative railings significantly contribute to the
relief of the structure and the reduction of mass,
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the conditional use requests, a site plan in substantial compliance with the
submittal requirements for a site plan application was submitted and has been reviewed by staff. If
the conditional use is approved, a full site plan submittal complying with LDR Section 2.4,3 will be
required. Based upon staff's review of the sketch plan, the following analysis is provided:
Planning and Zoning Board Staff Report
5th Avenue Flats-200 NE 5th Avenue - Conditional Use Request
Page 8
Buildlna Setbacks:
The fOllowing table indicates that the development proposal partially complies with the required
building setbacks along NE 5th Avenue and NE 2" Street for a 4-story building in the Central
Business District (CBD) according to LDR Section 4.4.13(F)(3)[Table 4.4,13-2]
126' .
Remaining 22' min. 22'min 22' .
length
70% max 10'min, 98' max, 98' .
Remaining 27' min, 27' min 41' .
length
50% max 34'min. 58' 58' .
Remaining 39'min, 39' 63' .
length
70% 10' 35'
minJ90 minJ15' minJ45' 30' .
Finished
grade to 25' %max. max, max,
50' Frontage Remal
ning 22' min, 22'min 20' .
len th
70% 10'min, 35' max. 31' .
max
25' to 37' Remai
ning 27' min, 27' min 27' .
len th
50% 34'min. 13' 26' .
37' and max
above Remai
ning 39'min, 39' 43' .
len th
Finished 70% 5'minJ 38,5'min
minJ90% 49,5'max 49,5' .
grade to 10'max.
25' max.
Remaining 17' 17'
minJ22' minJ22' 17' .
length max. max.
25' to
48' 50% max, 17' min. 27,5' 27,5' .
Planning and Zoning Board Staff Report
5th Avenue Flats-200 NE 5th Avenue - Conditional Use Request
Page 9
Remaining
length
29'min,
29
29
.
Parking Requirements:
Pursuant to LDR Section 4,6.9(C)(8)(a), the required shared parking calculation for proposed
development is 28 parking spaces with no reservations or 32 parking spaces if reserving 1 parking
space for each residential unit.
The applicant has indicated a preference to provide the 28 spaces with the understanding that no
parking spaces can be specifically reserved or assigned to anyone resident or business. In
addition, the applicant will be required to make a minor adjustment to add one standard parking
space and remove one of the compact parking spaces.
Staff normally requires reserving one parking space for each residential unit. However, in lieu of
this requirement, staff would allow the applicant to file a specific restrictive covenant in the
Condominium Documents, that no parking spaces are to be reserved for either residents or
business uses, now or in the future without the provision of additional parking. This has been
attached as a condition of approval
Minimum Residential Floor Area:
The following table indicates that the proposal complies with LDR Section 4.3.4(K)[Minimum
residential floor area]:
Lighting:
A photometric plan has been submitted for the parkin~ lot and entrance areas as well as the
perimeter street lighting along NE 5th Avenue and NE 2n Street. The photometric plan will need to
be revised to comply with the minimum standards required by the City of Delray Beach.
Stacking Distance:
Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum distance between a right-of-way and the
first parking space or aisle way in a parking lot that has 21-50 parking spaces shall be 20'. The
proposed stacking distance for the south entrance car parking (NE 2nd Street) on the west side is
15' and for the east side is 17', The proposed stacking distance for the east entrance (NE 5th
Avenue) car parking is 17'. The applicant has requested a waiver to these stacking requirements,
A waiver will need to be processed with the site plan submittal.
Visibility Triangles:
Pursuant to LDR Section 4,6.14(A)(1), a 20' visibility triangle is required at the intersection of the
garage driveways and the public right-of-way. The parking garage wall encroaches into the
required visibility triangles, The applicant has requested a waiver to the visibility requirements. A
waiver will need to be processed with the site plan submittal.
Architectural Changes:
Planning and Zoning Board Staff Report
5th Avenue Flats-200 NE 5th Avenue - Conditional Use Request
Page 10
Pursuant to LDR Section 4.6.18 (B) (14) (vi) (4) the site plan will be revised to convert the open
space area next to the garage entrance/exit area into a Faux (false storefront window) for the east
elevation, This will help to emphasize the retail/office storefront area along NE 5th Avenue, The
remainder of the open areas adjacent to the garage entrances on the north, south, and west
elevations should be screened and/or enclosed,
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Community Redevelooment Aaencv (CRA):
At its meeting of September 22, 2005, the CRA reviewed the conditional use request and
recommended approval.
Downtown Develooment Authoritv:
At its meeting of August 10, 2005, the DDA reviewed the conditional use and recommended
approval.
Site Plan Review and Aooearance Board:
If the Conditional Use request is approved, a site plan application will be processed for the
development proposal, with final action by SPRAB.
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations and interested
parties, which have requested notice of developments in their areas:
~ Neighborhood Advisory Council
~ President's Council
~ Delray Beach Chamber of Commerce
~ PROD
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. The City has received one phone inquiry into the proposed height of the building but no
specific letters of objection or support. If any letters of support or objection, are received, they will
be presented at the Planning and Zoning Board meeting,
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The proposed conditional use is to allow for a mixed-use structure having a height in excess of 48'
(54.5' is proposed), As described in this staff report the request for additional height meets with
the criteria established in LDR Section 4,3.4(J)(4)(b), The provision of additional residential
dwelling units within the downtown area will further the long term revitalization and stabilization of
the CBD. The proposed use is consistent with the objectives and policies of the Comprehensive
Plan and Chapter 3 of the LDR. Positive findings can be made with respect to LDR Section
2.4.5(E)(5), regarding compatibility of the proposed development with the surrounding properties
regarding the requested increases in building height
Planning and Zoning Board Staff Report
5th Avenue Flats-200 NE 5th Avenue - Conditional Use Request
Page 11
A. Continue with direction.
B, Move a recommendation of approval to the City Commission for the conditional use request to
allow for a building height in excess of 48' (54,5' proposed) for 5th Avenue Flats, by adopting
the findings of fact and law contained in the staff report, and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5),
4.3.4(J)(4)(b), and Chapter 3 of the land Development Regulations, subject to conditions,
C, Move a recommendation of denial to the City Commission for the conditional use requests for a
building height in excess of 48' (54.5' proposed), for 5th Avenue Flats, by adopting the findings
of fact and law contained in the staff report, and find that the request is inconsistent with the
Comprehensive Plan and does not meet criteria set forth in Sections 2,4.5(E)(5), 4,3.4(J)(4)(b),
and Chapter 3 of the land Development Regulations,
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Move a recommendation of approval to the City Commission for the conditional use request to
allow for a building height in excess of 48' (54.5' proposed) for 5th Avenue Flats, by adopting the
findings of fact and law contained in the staff report, and finding that the request is consistent with
the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4,3.4(J)(4)(b) and
Chapter 3 of the land Development Regulations, subject to the following conditions:
1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch
plan and addresses the deficiencies contained in this report;
2. That the proposed development be revised to comply with lDR Section 4.4.13(F)(3)
[Table4.4,13-2] as six (6) building frontage and setback requirements are not in compliance
with development standards;
3. That the applicant executes a restrictive covenant in the Condominium Documents, stating
that no individual parking spaces shall be reserved for residents or business uses now or in
the future without the provision of additional parking;
4. That the parking area be reconfigured to reduce the number of compact parking spaces
from 10 to 9 spaces to meet the maximum of 30% compact parking spaces;
5. That the site plan be revised to convert the open space area next to the east garage
entrance/exit area into a Faux (false storefront window); and that the remainder of the open
areas adjacent to the garage entrances on the south garage entrance/exit area be
enclosed; and
6. That a written finding of concurrency approval from the School District of Palm Beach
County be provided;
Attachments:
. Conceptual Plans
. Location Map
HUMAN RESOURCES
MEMORANDUM
To:
From:
Date:
Subject:
11-
David T. Harden, City Manager . '
Harry J. Hamilton, Human Resources Director~ ('J~ .
November 7, 2005 ~
International Association of Fire Fighters Agreement
The attached three-year labor agreement and the attendant Memorandum of
Understanding have been ratified by the Professional Fire Fighters and
Paramedics of Delray Beach, Local 1842, IAFF. This agreement is for a three
year period, October 1, 2004 through September 30, 2007, and provides major
changes in the following areas:
. Incorporation
Fire-Rescue and Ocean-Rescue employees are integrated into one
agreement.
. Wages
Fire-Rescue
Provides for a 3% salary range adjustment to each pay grade for fiscal
year 2004/05 and a 7.66% salary range adjustment at the minimum of
each pay grade for fiscal year 2005/06; a 3% wage adjustment for fiscal
year 2005/06; the establishment of a Step-Plan (10 Steps) for fiscal years
2005/06 and 2006/07. For fiscal year 2006/07 the value of each step in
the step plan will be increased by 3%. A 20% increase in Certification Pay
in fiscal year 2006/07.
Top-Out Bonuses and one-time $1,500 increases in an employee's 2nd,
4th, and 6th year are eliminated effective October 1, 2005.
Ocean-Rescue
Provides for a 2% wage adjustment in fiscal year 2005/06, a 5% salary
range adjustment to each pay grade for fiscal year 2004/05 and a 3%
salary range adjustment to each pay grade for fiscal years 2005/06 and
2006/07. A re-opener clause for the negotiation of salaries for the third
year of the agreement.
01<
3M
I
l\D
David T. Harden
November 7, 2005
Page 2
An increase of $.25 cents per hour in EMT Certification Pay for fiscal year
2005/06 and the establishment of a $.15 cents per hour CPR Instructor
Certification pay, limited to 4 Supervisors, for fiscal year 2006/07.
. Pension Plan
Permits Ocean Rescue employees to purchase a 3.0% multiplier by
voluntarily increasing their contributions to the General Employees
Pension Plan from 2.5% to 5.95%.
. Sick and Vacation Pay-Out Accruals
Allows employees who retire to use the value of their sick leave bank to
purchase health care at retirement.
I am requesting to place the labor agreement on the City Commission Agenda for
November 15, 2005.
,
Memorandum of Understanding
The City of Delray Beach, Florida and the International Fire Fighters and Paramedics,
Delray Beach, Local 1842, IAFF (the parties) agree as follows:
A. Ocean Rescue employees who are participants in the General Employees Pension
Plan as of October I, 2005 and who are not participating in the Deferred
Retirement Option Plan (DROP):
1. May elect to increase their normal retirement benefit from 2.5% to 3.0% of
average monthly earnings for each year of continuous service, If the 3.0%
multiplier is elected, this increase will apply to all future years of service, subject
to a cap of 90% of average monthly earnings. If an employee chooses this
increased multiplier, the employee's contribution will increase from 2.5% to
5.95% of earnings.
2. May elect to purchase the 3.0% multiplier for ALL or a PORTION of an
employee's prior years of service by paying the full actuarial cost as it may be
determined from time to time of the increased multiplier plus any professional
fees required to determine that cost.
3. Employees employed after October I, 2005 may elect either the 2.5% or the 3.0%
multiplier, and will have a required pension contribution of either 2,5% or 5.95%,
respectively.
4. Election of the 3.0% enhanced multiplier is irrevocable. Once an employee elects
to increase the multiplier from 2.5% to 3.0% of average monthly earnings, an
employee may not go back to 2.5%.
B. The parties agree to reopen negotiations during the second year of this Agreement,
upon receipt of a request by the Union, for the sole purpose of considering
whether bargaining unit members will be permitted to participate in the IAFF-FC
Frontline 457 Deferred Compensation Plan. The parties understand that any
agreement for such participation shall be limited to a plan which provides the
same terms as the City's current 457 plan, does not provide for loans against the
plan, and does not require matching contributions by the City.
C. This Memorandum of Understanding is intended to substitute for and supersede
the Memoranda of Understanding between the parties dated April I, 2003 and
October 20, 2004 and such Memoranda of Understanding shall no longer have
any force and effect.
D. The parties represent that they have full legal authority to enter into this
Memorandum of Understanding.
,
E. This Memorandum of Understanding shall remain in effect until September 30,
2007, at which time it shall be considered for inclusion within any subsequent
collective bargaining agreement between the parties. All other terms of the
Collective Bargaining Agreement for the period October I, 2004 through
September 30, 2007 are binding, except where expressly modified herein or
hereafter modified by the parties.
Dated this
day of November, 2005.
Attest:
City of Delray Beach, Florida
Chevelle Nubin, City Clerk
By: David T. Harden, City Manager
Approved as to form
Professional Fire Fighters & Paramedics,
Local 1842
By: Michael McCleary, President
Susan Ruby, City Attorney
COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE
CITY OF DELRAY BEACH, FLORIDA
AND THE
PROFESSIONAL FIRE FIGHTERS AND PARAMEDICS
DELRAY BEACH, LOCAL 1842, IAFF
October 1, 2004 through September 30, 2007
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
TABLE OF CONTENTS
Page
Article 1 Preamble 1
Article 2 Recognition 2
Article 3 Bargaining Unit 3
Article 4-A-FR Grievance Procedure 4
Article 4-B-OR Grievance Procedure 14
Article 5 Dues Check Off 24
Article 6 Discrimination 25
Article 7-A-FR Union Business 26
Article 7-B-OR Union Business 28
Article 8 Correspondence 30
Article 9 Bulletin Boards 31
Article 10-A-FR Hours of Work 32
Article 10-B-OR Hours of Work 35
Article ll-A-FR Recall 37
Article ll-B-OR Recall 38
Article 12-A-FR Overtime 40
Article 12-B-OR Overtime 42
Article 13-A-FR Salaries 43
Article 13 -B-OR Salaries 53
Article 14-A-FR Working Out of Classification 56
Article 14-B-OR Working Out of Classification 58
Article 15 Vacation 59
Article 16 Holidays 63
Article 17 Sick Leave 65
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
Article 18
Article 19
Article 20-A-FR
Article 20-B-OR
Article 21
Article 22
Article 23
Article 24
Article 25-A-FR
Article 25-B-OR
Article 26-A-FR
Article 27
Article 28
Article 29
Article 30
Article 31
Article 32
Article 33
Article 34
Article 35
Article 36
Article 37-A-FR
Article 37-B-OR
Article 38-A-FR
Bereavement Leave
Health Insurance
Seniority
Seniority
Posting of this Agreement
Management Rights
Strikes and Illegal Activity
Unconstitutionality Clause
Duties of Employment
Duties of Employment
Promotions
Probationary Period - New Employees
Probationary Period - Promoted Employees
Dismissal/Discharge
Resignation
Leaves of Absence With Pay
Leaves of Absence Without Pay
Absence Without Leave
Outside Employment
Solicitation of or by Employees During
Working Hours
Non-Applicability of Civil Service Act,
Civil Service Rules and Regulations and
Personnel Policies
Damage to City Property
Damage to City Property
Pension Plan Matters
70
72
74
77
78
79
82
84
85
86
87
94
95
96
98
99
100
101
102
104
106
107
109
111
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
Article 38-B-OR
Pension Plan Matters 112
Article 39-A-FR
Physicals 113
Article 39-B-OR
Physicals 116
Article 40
Comprehensive Drug and Alcohol Abuse Policy
and Procedures 118
Article 41
Maternity Leave 134
Article 42
Workers' Compensation 135
Article 43-A-FR
Certification Incentive Pay 136
Article 43-B-OR
Certification Incentive Pay 141
Article 44
Compensatory Time & Tuition Reimbursement 142
Article 45
Labor-Management Committee 143
Article 46
Disability Insurance 145
Article 47
Sick and Vacation Pay-Out Accruals 146
Article 48-A-FR
Retiree Insurance 148
Article 49
Duration 150
Signature Page
151
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
CoIlective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 1
PREAMBLE
This Agreement is entered into by the
Employer, the City
of Delray Beach, Florida, a municipal corporation, hereinafter
referred to as "City," and the Professional Fire Fighters and
Paramedics of Delray Beach, Local 1842, I.A.F.F., hereinafter
referred to as the "Union," for the purpose of promoting harmonious
relations between the City and the Bargaining Unit Employees,
hereinafter referred to as "Employees," to establish an orderly and
peaceful procedure for settling differences which might arise and
to set forth the basis and full agreement between the parties
concerning rates of pay, wages, hours of work, and other conditions
of employment.
Articles labeled FR refer to Fire Rescue employees
only and Articles labeled OR refer to Ocean Rescue employees only.
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City of Del ray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
ARTICLE 2
RECOGNITION
Section 1
The City recognizes that the Union is the Certified
Bargaining Agent of the Employees for the purpose of representing
the Employees for all matters relating to wages, hours and terms
and conditions of employment.
Section 2
The Union may designate up to three (3) representatives,
and shall notify the City Manager and the Department Head in
writing of the identity of its designated representatives. The
Union President may also designate a Union representative to
represent an Employee in grievance proceedings, and shall notify
the Department Head in advance of any such designation. An
Employee shall have the option of proceeding individually or by a
person of his or her own choosing; provided, however, that only the
Union may request arbitration of a grievance pursuant to Article 4
of this Agreement.
2
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1,2004 through September 30, 2007
ARTICLE 3
BARGAINING UNIT
The Bargaining Unit represented by the Union shall be the
Bargaining Unit for which the Union was certified by the City of
Delray Beach Public Employee Relations Commission, April 19, 2001,
under Case # RC01-001, as amended from time to time.
It is agreed
that the bargaining unit shall include all Employees in the
following
positions:
All
full-time
employees
in
the
classifications of Fire Fighter,
Paramedic,
Driver Engineer,
Lieutenant,
Paramedic
Lieutenant,
Ocean
Rescue
Operations
Supervisor, Ocean Rescue Officer and Ocean Rescue Lifeguard Trainee
and excludes all clerical and support personnel, Battalion Chiefs,
Division Chiefs, Assistant or Deputy Chiefs, Fire Chief, and all
other Employees of the City of Delray Beach.
3
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1,2004 throngh September 30, 2007
ARTICLE 4-A-FR
GRIEVANCE PROCEDURE
Section 1
A grievance is defined as a dispute involving the
interpretation or application of
this
collective bargaining
agreement (Agreement).
Recommendations of discipline shall be
processed in accordance with and shall be merged into the grievance
procedure.
The time frame for an employee to file a grievance
shall begin upon receiving first notice of the recommended
discipline.
If a timely initial grievance is not filed upon
receiving notice of the recommended discipline, the employee shall
not be permitted to grieve the final recommendation of discipline
and imposition of discipline unless a further recommendation or
final
imposition
differs
from
the
previously
recommended
discipline.
For purposes of this Article, working days shall mean
Monday through Friday inclusive, but excluding all City holidays
(the exclusion to include anyone-half day City holidays) .
Section 2
Grievances shall be processed in accordance with the
following procedure:
Step 1: If an employee feels a grievance has occurred, the
employee shall within ten (10) working days of the
occurrence
(or reasonable discovery thereof) ,
submit a grievance in writing to his/her immediate
non-bargaining unit supervisor.
The written
grievance shall include the following:
4
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
(1) A statement of the grievance, including date
of occurrence, and details and facts upon
which the grievance is based.
(2)
The
article(s)
and
section(s)
of
the
Agreement alleged to have been violated.
(3) The action, remedy, or solution requested by
the employee.
The grievance shall be signed by the aggrieved employee.
Provided,
however,
at the employee's request,
a Union
representative may represent the employee, in which case the
Union representative may sign the grievance on behalf of the
employee.
The immediate non-bargaining supervisor shall submit
his/her answer in writing within ten (10) working days after
presentation of the grievance.
Step 2: If the grievance has not been satisfactorily
resol ved in Step 1, the employee (or the Union
representative on behalf of the employee) shall
present the grievance to the Fire Chief, or
his/her designee, within ten (10) working days
from the day the response was due in Step 1.
The Fire Chief, or his/her designee, shall meet with the
employee and/or the Union Representative within ten (10)
working days of receipt of the grievance.
The Fire Chief or
his/her designee shall respond in writing within ten (10)
working days from the day of the meeting.
5
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
Step 3:
If a grievance has not been satisfactorily resolved
in
Step
2,
the
employee
(or
the
union
representative on behalf of the employee) shall
present the grievance to the City Manager, or
his/her designee, within ten (10) working days
from the day the response was due in Step 2. The
City Manager, or his/her designee, shall meet with
the employee and/or the Union representative
within ten (10) working days of receipt of the
grievance. The City Manager, or hiS/her designee,
shall respond in writing within ten (10) working
days from the day of the meeting.
Section 3
A. If the grievance has not been satisfactorily resolved
.
within the procedure set forth in Section 2, the Union
(on behalf of the employee) may submit the grievance to
arbi tration by notifying the City Manager, or his/her
designee, of its decision to arbitrate the grievance.
Such notification shall be given within ten (10) working
days from the day the response was due from the City
Manager or his/her designee at Step 3.
B. Prior to arbitration and upon mutual agreement, the Union
and the City may select a mediator and participate in
mediation.
Mediation must be requested within fifteen
(15) calendar days from the day the City Manager's
response in Step 3 was due.
If mediation does not
6
City of Del ray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
resolve the matter, or if the parties do not agree to
mediate, the Union may proceed to arbitration.
C. The City will then request the Federal Mediation and
Conciliation Service (FMCS) to provide the parties with
an arbitration panel.
The parties shall select an
arbitrator by alternate striking within fourteen (14)
calendar days of receipt of the FMCS list of arbitrators.
D. The arbitration hearing shall be held within thirty (30)
days after the arbitrator has been selected, provided the
arbitrator is available on a date acceptable to the
parties.
E. The arbitrator shall have jurisdiction and authority to
decide the grievance,
as defined in this Article.
However, the arbitrator shall have no authority to
change, amend, add to, subtract from, or otherwise alter
or supplement the Agreement or any part thereof or
amendment thereto.
F. The arbitrator may not issue declaratory or advisory
opinions,
and
the
arbitrator
shall
be
confined
exclusively to the question which is presented, which
question must be actual and existing.
G. If either party elects to file a brief, the brief must be
mailed to (postmarked) to the arbitrator no later than
fifteen (15) calendar days after the close of the hearing
or after receipt of the transcript if one is ordered,
whichever is later.
7
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
H. The arbitrator shall render his/her decision within
thirty (30) days of receipt of the briefs or of the close
of the hearing, whichever is later.
I. The decision of the arbitrator shall be final and binding
on all parties, subject to those challenges permitted by
law.
J. Each party shall bear the cost of its own witnesses and
representatives. The parties shall bear equally the cost
of the arbitrator.
Any party requesting a copy of the
transcript of the arbitration hearing shall bear the cost
of it.
Section 4
A. The Union retains the exclusive right to request
arbitration or withdraw a grievance (which it has filed
or on which it is the representative) at any time.
B. The Union has the right, pursuant to Section 447.401,
Florida Statutes, to not represent employees who are not
members of the Union in any grievance.
In that event, a
non-member who wishes to pursue his/her own grievance may
proceed in accordance with Section 447.401, Florida
Statutes.
However, the City will notify the Union and
afford the Union the opportunity to be present at any
grievance meetings or arbitration hearings.
C. Where a grievance is general in nature in that it applies
to a number of employees having the same issue to be
decided, or if the grievance is directly between the
Union and the City, the Union may present such grievance
8
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
directly at Step 2 of the grievance procedure (within the
time limits provided for the submission of a grievance at
Step 1).
D. Any grievance not processed in accordance with the time
limits provided in this Article shall be considered
abandoned.
Provided, however, the time limits set forth
in this Article may be extended by joint agreement of the
City and the Union (or of the employee if appropriate)
which is confirmed in writing.
The parties may mutually
agree in writing to waive any time limits or provisions
of the grievance procedure.
Section 5
A. The arbitration shall be conducted under the rules set
forth in this Agreement, not under the rules of the FMcS.
Subject to the following, the arbitrator shall have the
jurisdiction and authority to decide a grievance as
defined in this Article and to enforce compliance with
the terms and conditions of the Agreement.
In cases
other than a discharge, demotion, or a suspension of more
than seven (7) calendar days for non-shift Employees or
more than two (2) shifts for shift Employees, the
arbitrator shall not substitute his or her judgment as to
the wisdom or the degree of severity of disciplinary
action imposed on any Employee by the City unless the
City fails to demonstrate by a preponderance of the
evidence that the disciplinary action was not arbitrary
or capricious.
In determining whether the City has
9
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
demonstrated that
the disciplinary action was not
arbitrary or capricious the arbitrator's inquiry shall be
strictly limited to the following issues:
1. Whether the City possessed evidence of the misconduct
before imposing the discipline ultimately imposed;
2. Whether the employee is guilty of the misconduct as
charged;
3. Whether the City considered the nature and severity of
the offense, the circumstances under which the offense
was committed, the employee's past disciplinary and
employment record, the length of the employee's tenure
with the City before imposing discipline, and if the
discipline imposed is consistent with that imposed upon
other employees who have committed the same or similar
offense under the same or similar circumstance;
4. Whether the discipline is within that range of
punishment upon which reasonable persons can agree,
notwithstanding that reasonable persons might disagree
upon the specific punishment imposed under the given
circumstances.
If the arbitrator finds that the City has demonstrated that the
disciplinary action was not arbitrary or capricious then the
discipline imposed by the city shall be upheld.
If the arbitrator
finds that the City has failed to demonstrate that the disciplinary
action was not arbitrary or capricious the arbitrator may determine
the appropriate level of penalty.
10
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30,2007
A. However, the arbitrator shall have no authority to
change, amend, add to, subtract from or otherwise alter
or supplement this Agreement or any part thereof or any
amendment thereto.
B. The arbitrator shall have no authority to consider or
rule upon any matter which is stated in this Agreement
not to be subject to the arbitration, which is not a
grievance as defined in this Article, or which is not
specifically covered by this Agreement.
C. The arbitrator may not issue declaratory or advisory
opinions and the arbitrator shall be confined exclusively
to the question which is presented, which question must
be actual and existing.
D. Copies of the award of the arbitrator, made in accordance
with the jurisdictional authority under this Agreement,
shall be furnished to both parties in writing within
thirty (30) days of the hearing and shall be final and
binding upon both parties.
E. It is contemplated that the City and the Union shall
mutually agree in writing as to the statement of the
matter to be arbitrated prior to a hearing, and if this
is done, the arbitrator shall confine the decision to the
particular matter thus specified.
In the event of the
failure of the parties to so agree on a statement of
issue to be submitted, both the Union and the City shall
submit a written statement of the grievance and the
arbitrator shall confine consideration to the written
11
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
statement or statements submitted. This clause, however,
shall not be construed to permit either party to present
issues through their written statements that would not
otherwise be subject to the grievance and arbitration
provisions of this Contract.
F. Each party shall bear the expense of its own witnesses
and its own representatives.
The parties shall bear
equally the expense of the impartial arbitrator. Any
party requesting a copy of the transcript of such
arbitration hearing shall bear the cost.of same.
Section 6
In all steps of this grievance procedure, the Employee may
seek the assistance of the agent or representatives of the Union
and may request Union representation at any stage of the grievance
procedure should the Employee so desire, provided that an Employee
may not proceed to arbitration (Step 5) without the Union's
agreement.
Section 7
All discharge grievances, and any other grievances mutually
agreed upon for expedited processing, shall be arbitrated on an
expedited basis.
To accomplish this goal, the City and the Union
agree upon the following procedures for expedited cases.
A. After an arbitrator has been selected, the arbitration
hearing shall be held no later than ninety (90) calendar
12
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
days thereafter, unless the arbitrator is unavailable
within this ninety (90) calendar day period.
B. Briefs, if any, must be filed with the arbitrator no
later than twenty (20) calendar days after the close of
the hearing, or after receipt of the transcript, if a
transcript is requested.
c. The parties shall request that the arbitrator render an
opinion within twenty (20) calendar days of receipt of
the briefs.
13
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 4-B-OR
GRIEVANCE PROCEDURE
Section 1
A. A
grievance
is
defined
as
a
dispute
involving
the
interpretation or application of this collective bargaining
agreement (Agreement). Recommendations of discipline shall be
processed in accordance with and shall be merged into the
grievance procedure. The time frame for an employee to file a
grievance shall begin upon receiving first notice of the
recommended discipline.
If a timely initial grievance is not
filed upon receiving notice of the recommended discipline, the
employee
shall
not be permitted to grieve
the
final
recommendation of discipline and imposition of discipline
unless a further recommendation or final imposition differs
from the previously recommended discipline.
For purposes of
this Article, working days shall mean Monday through Friday
inclusive, but excluding all City holidays.
B. Effective September 30, 2004, Satisfactory, Excellent, and
Exceptional Employee Performance Appraisal evaluation ratings
maybe grieved but not beyond Step 3 of this procedure.
Section 2
Grievances shall be processed in accordance with the
following procedure:
Step 1: If an employee feels a grievance has occurred, the
employee shall within ten (10) working days of the
14
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
occurrence
(or reasonable discovery thereof),
submit a grievance in writing to his/her immediate
non-bargaining unit supervisor.
The written
grievance shall include the following:
(1) A statement of the grievance, including date
of occurrence, and details and facts upon
which the grievance is based.
(2) The article(s) and section(s) of the Agreement
alleged to have been violated.
(3) The action, remedy, or solution requested by
the employee.
The grievance shall be signed by the aggrieved employee.
Provided,
however,
at the employee's request,
a Union
representative may represent the employee, in which case the
Union representative may sign the grievance on behalf of the
employee.
The immediate non-bargaining supervisor shall submit
his/her answer in writing within ten (10) working days after
presentation of the grievance.
Step 2: If the grievance has not been satisfactorily
resolved in Step 1, the employee (or the Union
representative on behalf of the employee) shall
present the grievance to the Department Head or
his/her designee, within ten (10) working days
from the day the response was due in Step 1.
The Department Head, or his/her designee, shall meet with
the employee and/or the Union Representative within ten (10)
15
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1,2004 through September 30, 2007
working days of receipt of the grievance. The Department Head
or his/her designee shall respond in writing within ten (10)
working days from the day of the meeting.
Step 3:
If a grievance has not been satisfactorily resolved
in
Step
2,
the
employee
(or
the
Union
representative on behalf of the employee) shall
present the grievance to the City Manager, or
his/her designee, within ten (10) working days
from the day the response was due in Step 2. The
City Manager, or his/her designee, shall meet with
the employee and/or the Union representative
within ten (10) working days of receipt of the
grievance. The City Manager, or his/her designee,
shall respond in writing within ten (10) working
days from the day of the meeting.
Section 3
A. If the grievance has not been satisfactorily resolved
within the procedure set forth in Section 2, the Union
(on behalf of the employee) may submit the grievance to
arbi tration by notifying the City Manager, or his/her
designee, of its decision to arbitrate the grievance.
Such notification shall be given within ten (10) working
days from the day the response was due from the City
Manager or his/her designee at Step 3.
B. Prior to arbitration and upon mutual agreement, the Union
and the City may select a mediator and participate in
mediation.
Mediation must be requested within fifteen
16
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30,2007
(15) calendar days from the day the City Manager's
response in Step 3 was due.
If mediation does not
resolve the matter, or if the parties do not agree to
mediate, the Union may proceed to arbitration.
C. The City will then request the Federal Mediation and
Conciliation Service (FMcS) to provide the parties with
an arbitration panel.
The parties shall select an
arbitrator by alternate striking within fourteen (14)
calendar days of receipt of the FMcS list of arbitrators.
D. The arbitration hearing shall be held within thirty (30)
days after the arbitrator has been selected, provided the
arbitrator is available on a date acceptable to the
parties.
E. The arbitrator shall have jurisdiction and authority to
decide the grievance,
as defined in this Article.
However, the arbitrator shall have no authority to
change, amend, add to, subtract from, or otherwise alter
or supplement the Agreement or any part thereof or
amendment thereto.
F. The arbitrator may not issue declaratory or advisory
opinions,
and
the
arbitrator
shall
be
confined
exclusively to the question which is presented, which
question must be actual and existing.
G. If either party elects to file a brief, the brief must be
mailed (postmarked) to the arbitrator no later than
fifteen (15) calendar days after the close of the hearing
17
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
or after receipt of the transcript if one is ordered,
whichever is later.
H. The arbitrator shall render his/her decision within
thirty (30) days of receipt of the briefs or of the close
of the hearing, whichever is later.
I. The decision of the arbitrator shall be final and binding
on all parties, subject to those challenges permitted by
law.
J. Each party shall bear the cost of its own witnesses and
representatives. The parties shall bear equally the cost
of the arbitrator.
Any party requesting a copy of the
transcript of the arbitration hearing shall bear the cost
of it.
Section 4
A. The Union retains the exclusive right to request
arbitration or withdraw a grievance (which it has filed
or on which it is the representative) at any time.
B. The Union has the right, pursuant to Section 447.401,
Florida Statutes, to not represent employees who are not
members of the Union in any grievance.
In that event, a
non-member who wishes to pursue his/her own grievance may
proceed in accordance with Section 447.401, Florida
Statutes.
However, the City will notify the Union and
afford the Union the opportunity to be present at any
grievance meetings or arbitration hearings.
C. Where a grievance is general in nature in that it applies
to a number of employees having the same issue to be
18
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
decided, or if the grievance is directly between the
Union and the City, the Union may present such grievance
directly at Step 2 of the grievance procedure (within the
time limits provided for the submission of a grievance at
Step 1).
D. Any grievance not processed in accordance with the time
limits provided in this Article shall be considered
abandoned.
Provided, however, the time limits set forth
in this Article may be extended by joint agreement of the
City and the Union (or of the employee if appropriate)
which is confirmed in writing.
The parties may mutually
agree in writing to waive any time limits or provisions
of the grievance procedure.
Section 5
A. The arbitration shall be conducted under the rules set
forth in this Agreement, not under the rules of the FMcS.
Subject to the following, the arbitrator shall have the
jurisdiction and authority to decide a grievance as
defined in this Article and to enforce compliance with
the terms and conditions of the Agreement.
In cases
other than a discharge, demotion, or a suspension of more
than seven (7) calendar days for non-shift Employees or
more than two (2) shifts for shift Employees, the
arbitrator shall not substitute his or her judgment as to
the wisdom or the degree of severity of disciplinary
action imposed on any Employee by the City unless the
19
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
City fails to demonstrate by a preponderance of the
evidence that the disciplinary action was not arbitrary
or capricious.
In determining whether the City has
demonstrated that the disciplinary action was not
arbitrary or capricious the arbitrator's inquiry shall be
strictly limited to the following issues:
1. Whether
the
City
possessed
evidence
of
the
misconduct before imposing the discipline ultimately
imposed;
2. Whether the employee is guilty of the misconduct as
charged;
3. Whether the City considered the nature and severity
of the offense, the circumstances under which the
offense
was
committed,
the
employee's
past
disciplinary and employment record, the length of
the employee's tenure with the City before imposing
discipline,
and if the discipline imposed is
consistent with that imposed upon other employees
who have committed the same or similar offense under
the same or similar circumstance;
4. Whether the discipline is within that range of
punishment upon which reasonable persons can agree,
notwithstanding
that
reasonable
persons
might
disagree upon the specific punishment imposed under
the given circumstances.
20
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
If
the
arbitrator
finds
that
the
City
has
demonstrated that the disciplinary action was not
arbitrary or capricious then the discipline imposed by
the city shall be upheld. If the arbitrator finds that
the
City
has
failed
to
demonstrate
that
the
disciplinary action was not arbitrary or capricious the
arbitrator may determine the appropriate level of
penalty.
A. The arbitrator shall have no authority to consider or
rule upon any matter which is stated in this Agreement
not to be subject to the arbitration, which is not a
grievance as defined in this Article, or which is not
specifically covered by this Agreement.
B. Copies of the award of the arbitrator, made in accordance
with the jurisdictional authority under this Agreement,
shall be furnished to both parties in writing within
thirty (30) days of the hearing and shall be final and
binding upon both parties.
C. It is contemplated that the City and the Union shall
mutually agree in writing as to the statement of the
matter to be arbitrated prior to a hearing, and if this
is done, the arbitrator shall confine the decision to the
particular matter thus specified.
In the event of the
failure of the parties to so agree on a statement of
issue to be submitted, both the Union and the City shall
submit a written statement of the grievance and the
arbitrator shall confine consideration to the written
21
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30,2007
statement or statements submitted. This clause, however,
shall not be construed to permit either party to present
issues through their written statements that would not
otherwise be subject to the grievance and arbitration
provisions of this Contract.
Section 6
In all steps of this grievance procedure, the Employee may
seek the assistance of the agent or representatives of the Union
and may request Union representation at any stage of the grievance
procedure should the Employee so desire, provided that an Employee
may not proceed to arbitration (Step 5) without the Union's
agreement.
Section 7
All discharge grievances, and any other grievances mutually
agreed upon for expedited processing, shall be arbitrated on an
expedited basis.
To accomplish this goal, the City and the Union
agree upon the following procedures for expedited cases.
A. After an arbitrator has been selected, the arbitration
hearing shall be held no later than ninety (90) calendar
days thereafter, unless the arbitrator is unavailable
within this ninety (90) calendar day period.
B. Briefs, if any, must be filed with the arbitrator no
later than twenty (20) calendar days after the close of
the hearing, or after receipt of the transcript, if a
transcript is requested.
22
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
c. The parties shall request that the arbitrator render an
opinion within twenty (20) calendar days of receipt of
the briefs.
23
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 5
DUES CHECK OFF
Upon the Union's notif ication to the City, Employees may
make arrangements with the City for a payroll deduction of union
dues and uniform assessments. Upon receiving a proper request from
the Employee,
the City will deduct such dues and uniform
assessments from the subject Employee's compensation and remit the
amount deducted to the Union.
The Union agrees to indemnify, defend, and hold the City
harmless from and against all claims, costs, demands, expenses,
judgments or other liabilities on account of dues or uniform
assessments erroneously collected by the City and/or remitted to
the Union.
The Union further agrees to refund to the City any
amounts paid to the Union in error upon presentation of proper
evidence thereof.
24
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 6
DISCRIMINATION
All employees shall have the right to form, join and
participate
in,
or
to
refrain
from
forming,
joining
or
participating in any employee organization of their own choosing,
including the Union.
Neither the City nor the Union shall
interfere with, restrain or coerce public employees in the exercise
of any rights guaranteed them under Chapter 35 of the Delray Beach
Code of Ordinances or the provisions of this Agreement.
25
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 7-A-FR
UNION BUSINESS
Section 1
Employees who are Union officials or their designees may be
permitted by the Fire Chief or his or her designee to swap shifts
during the contract year to conduct Union business, provided a
written request is submitted at least seventy-two (72) hours prior
to the time-off period whenever possible, and provided such request
is approved by the Fire Chief or his or her designee, such approval
not to be unreasonably withheld.
No additional overtime shall be
paid to employees as a result of such swapping of shifts,
notwithstanding the provisions as set forth in Article 12,
OVERTIME, of this Contract.
All such swapping of shifts must be
completed within a six (6) month period of time unless extended
wi th the approval of the Fire Chief. All such swapping shall be
purely voluntary on the employee's part and shall be solely for the
employee's benefit and not that of the City; therefore, no overtime
shall be paid as a result of such shift swapping.
Section 2
Only authorized Union officials or their designees may
withdraw time from the Time Pool for the purpose of conducting
Union business, provided the administrative procedures and forms
are submitted to and approved by the City.
All such time pooling
shall be purely voluntary on the employee's part and shall be
solely for the employee's benefit and not that of the City;
26
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
therefore, no overtime shall be paid as a result of such time
pooling.
The City agrees that the employees can donate Personal
Holiday, Vacation Time and Compensatory Time to the Union Time
Pool.
Section 3
The
City
agrees
to
schedule
negotiations,
whenever
possible, on weekdays when the Union negotiating team is off duty
and on weekends when convenient for the City's negotiating team.
27
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 7-B-OR
UNION BUSINESS
Section 1
Employees who are Union officials or their designees may be
permitted by the Department Head or his or her designee to swap
shifts during the contract year to conduct Union business, provided
a written request is submitted at least seventy-two (72) hours
prior to the time-off period whenever possible, and provided such
request is approved by the Department Head or his or her designee,
such approval not to be unreasonably withheld.
No additional
overtime shall be paid to employees as a result of such swapping of
time, notwithstanding the provisions as set forth in Article 12,
OVERTIME, of this Contract.
All such swapping of time must be
completed within a six (6) month period of time unless extended
with the approval of the Department Head.
All such swapping shall
be purely voluntary on the employee's part and shall be solely for
the employee's benefit and not that of the City; therefore, no
overtime shall be paid as a result of such time swapping.
Officials for the Union shall be able to talk with employees
provided they first obtain oral permission from the employee's
immediate supervisor or in his/her absence, the next level of
supervision. Permission will not be unreasonably withheld by the
supervisor.
28
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Section 2
Union Representatives shall be allowed reasonable time-off
without loss of pay during their regular shift hours for
investigation of a grievance; however, each will first obtain oral
permission from his/her immediate supervisor or in hiS/her absence,
the next level of supervision. Permission will not be unreasonably
withheld by the supervisor.
Section 3
Only authorized Union officials or their designees may
wi thdraw time from the Time Pool for the purpose of conducting
Union business, provided the administrative procedures and forms
are submitted to and approved by the City.
All such time pooling
shall be purely voluntary on the employee's part and shall be
solely for the employee's benefit and not that of the City;
therefore, no overtime shall be paid as a result of such time
pooling.
The City agrees that the employees can donate Personal
Holiday, Vacation Time and Compensatory Time to the Union Time
Pool.
29
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1,2004 through September 30,2007
ARTICLE 8
CORRESPONDENCE
Unless specific deadlines are otherwise provided for in
other articles of this Contract, the administrative officials of
the City shall attempt to answer any written correspondence in
writing within a reasonable amount of time.
The Union's address
for receiving correspondence is: Post Office Box 6805, Delray
Beach, Florida 33482.
The Union shall notify the City Manager,
Fire Chief, and Director of Parks and Recreation in writing of any
change of address.
30
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 9
BULLETIN BOARDS
The Union may provide a serviceable bulletin board in each
fire station and Ocean Rescue Headquarters meeting room for use by
the Union in posting notices of Union business and activities. All
materials posted must be signed by an officer of the Union, who
shall be held responsible for the content of such materials.
The bulletins, notices or materials posted shall contain
nothing of a derogatory nature toward the City, its elected
officials,
its officers,
employees,
political candidates,
or
others.
31
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 10-A-FR
HOURS OF WORK
Section 1
Non- Shift Personnel
The workweek for regular full-time
non-shift employees shall be forty (40) hours. The number of hours
per day and the number of days per week shall be five, eight hour
days or four, ten hour days as determined by the Fire Chief. The
normal workdays per week will exclude Saturday and Sunday unless
mutually agreed upon.
Section 2
Shift Personnel - The normal workday for regular full-time
shift employees shall be twenty-four (24) hours. The work week for
regular full-time shift employees generally shall be of forty-eight
(48) hours duration and scheduled twenty-four (24) continuous hours
on duty and forty-eight (48) continuous hours off duty, except in
the event of an emergency or a change of shift. No employee shall
work more than 48 consecutive hours unless a State of Emergency is
declared in accordance with Section 95 of the City's Code of
Ordinance. A work week of forty-eight (48) hours duration will be
achieved by having one fixed and regularly recurring shift out of
generally every seven (7) shifts declared to be a Kelly Day, on
which day the employee shall be excused from duty.
The above notwithstanding, shift employees may be required
to work up to and including one hundred forty-four (144) hours in
anyone 21-day work cycle, after which time overtime shall be paid
in accordance with the provisions of Article 12, OVERTIME.
32
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Section 3
Both parties hereto agree and the Union acknowledges that
the City has declared the employees to be "7 (k)" employees for
purposes of application of the Fair Labor Standards Act.
Forms
acknowledging this fact for each individual employee shall be
provided by the City for acknowledgment by the employee.
Section 4
It is recognized and understood that deviations from the
foregoing schedules of work will be necessary and will unavoidably
result from several causes, such as but not limited to:
rotation
of shifts, vacation, leaves of absence, weekend and holiday duty,
absenteeism, employee requests, temporary shortage of personnel and
emergencies.
When an employee is transferred from non-shift to
shift or shift to shift, or shift to non-shift the City will
provide the employee with thirty days' written notice of the
change.
The employee shall have the opportunity to respond in
writing to the change within fifteen days prior to the scheduled
change,
provided
however,
the
City
retains
the
right
to
unilaterally make the change.
No such deviation shall be
considered a violation of this Contract.
Section 5
For all employees the work hour shall be broken down into
four (4) fifteen (15) minute segments.
An employee shall be noted
as late for work if the employee does not report ready for work at
the assigned work station at the assigned starting time.
If an
33
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1,2004 through September 30, 2007
employee reports for work late, eight (8) minutes or more after
starting time, the employee shall be docked in major segments of
one-quarter of an hour.
34
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 10-B-OR
HOURS OF WORK
Section 1
The workweek for regular full-time employees shall be forty
(40) hours. The number of hours per day and the number of days per
week shall be five, eight hour days or four, ten hour days as
determined by the Department Head. Ocean Rescue Supervisors shall
work four, ten hour days. The Normal Ocean Rescue work schedule
shall include Saturday and Sunday.
Section 2
It is recognized and understood that deviations from the
foregoing schedules of work will be necessary and will unavoidably
result from several causes, such as but not limited to:
vacation,
leaves of absence, weekend and holiday duty, absenteeism, employee
requests, temporary shortage of personnel and emergencies.
When
scheduled days off for Ocean Rescue personnel are rescheduled, the
City will provide the employee with thirty days' written notice of
the change.
The employee shall have the opportunity to respond in
writing to the change within fifteen days prior to the scheduled
change,
provided
however,
the
City
retains
the
right
to
unilaterally make the change.
No such deviation shall be
considered a violation of this Contract.
35
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Section 3
For all employees the work hour shall be broken down into four
(4) fifteen (15) minute segments.
An employee shall be noted as
late for work if the employee does not report ready for work at the
assigned work station at the assigned starting time.
If an
employee reports for work late, eight (8) minutes or more after
starting time, the employee shall be docked in major segments of
one-quarter of an hour.
Section 4 - Schedule Swap
Two employees in the same job classification may swap
scheduled work hours with the approval of the Ocean Rescue
Superintendent or hiS/her designee.
The hours worked are excluded
from the calculation of the hours worked for which the substituting
employee would otherwise be entitled to overtime compensation. The
non-working employee is credited with the hours worked by the
substitute.
36
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 11-A-FR
RECALL
Section 1 -- Recall Pay
Employees
who
are
recalled
to
work
because
of
conflagration, shortage of personnel or other situations will come
to work immediately.
They shall be paid according to the
provisions of Article 12, OVERTIME; subject to a minimum of two (2)
hours.
Section 2 -- Procedure for Recall
A. The procedure for recall will be pursuant the Recall
Standard Operating Procedure, Volume I, Article 2, Section
25, (November 1999) and the Special Event Recall Standard
Operating Procedure, Volume I, Article 2, Section 26
(November 1999.)
B. In the event of a bona fide emergency, the provisions of
this Section shall not apply.
37
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 11-B-OR
RECALL
Section 1 -- Recall Pay
Employees who are recalled to work because of shortage of
personnel or other situations will come to work immediately.
They
shall be paid according to the provisions of Article 12, OVERTIME;
subject to a minimum of two (2) hours.
Section 2 -- Ocean Rescue Recall Procedures
Full and Part-Time employees shall be called into work during
staff shortages due to illness, vacations, or other emergencies
using the following criteria:
Full-time employees will be contacted based upon seniority
(date of hire as full-time employee). If unavailable, the next
full-time employee shall be called (based upon seniority) until
position is filled.
If no full-time employee is available for
recall, then part-time employees shall be called based on seniority
by employment date.
Calls will continue until position is filled.
When a call is placed to either a full or part-time employee for
additional work or overtime, their name shall go to the bottom of
the availability list (administered by the Operations Supervisors
and Administrative Assistant)
regardless of whether employee
worked.
Full-time employee's shall have the choice of overtime
(earned at 1.5 x the regular rate of pay) or compensatory time
(earned at 1.5 x the number of hours worked). It is the employee's
responsibility to inform the Ocean Rescue Superintendent or
38
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Operations Supervisor of which type of compensation will be earned.
If compensatory time is desired, the employee is required to fill
out appropriate forms upon arrival and properly fill out the time
sheet.
Overtime and compensatory time can only be earned when an
employee has worked more than 40 hours during that workweek.
39
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 12-A-FR
OVERTIME
Section 1
The City agrees to pay overtime at the rate of time-and-a-
half based on a three-week work cycle.
Overtime compensation will
be computed at the end of each three-week work cycle with
compensation for same being on the following paycheck.
Emergency
and non-emergency call-back work will be covered under the
provisions of Article 11, RECALL.
In the computation of such
overtime compensation, employees shall receive credited hours for
any vacation days or holidays which may occur within the pay cycle.
Section 2
Non-Shift
Personnel
Non-shift
Employees
will
be
compensated at the rate of time-and-a-half based on a forty (40)
hour work week for hours actually worked, or credited by the City,
above eighty (80) hours during a two-week work cycle.
Employees
working, or receiving credit totaling, less than eighty (80) hours
during a two-week work cycle who are called in to work during hours
other than their normal shift, shall receive overtime at straight
time rates for the non-shift hours worked until they have worked
their scheduled hours for that two-week period.
40
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Section 3
Shift Personnel
Shift Employees will be compensated at
time-and-a-half rates based on the work week as provided for in
Article 10, HOURS OF WORK, in this Agreement for hours actually
worked, or credited by the City, above the normal hours of work
scheduled for that three-week period.
The normal hours of work
scheduled for any three-week period will be one hundred forty-four
(144) hours.
Employees working, or receiving credit, totaling less
than their normally scheduled hours of work who are called in to
work during hours other than their normal shift, shall receive
overtime at straight time rates for the non-shift hours worked
until they have worked their scheduled hours for that three-week
period or where a paid sick day occurs during a three-week work
period, shift Employees will be compensated at time and one-half
rates based on hours actually worked or credited by the City above
the normal hours of work scheduled for the City's two week pay
cycle.
41
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1,2004 through September 30, 2007
ARTICLE 12-B-OR
OVERTIME
Full-time Ocean Rescue staff will be compensated at a rate of
time-and-a-half based on a forty (40) hour work week for any hours
worked over forty (40) during the normal work week.
Because the
Ocean Rescue Division works 365 days a year and are not given the
traditional City Holiday's off, the full-time staff shall be
compensated at the rate of time-and-a-half during official City
holidays (1.5 x # of holiday hours during pay period) when employee
attains a minimum of forty (40) hours worked during the pay period.
For example: An employee works 40 hours during the pay period which
includes the Labor Day holiday - the employee will be paid 20 hours
for the Labor Day holiday. The 8 hours that he/she worked plus 12
premium hours.
42
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 13 -A-FR
SALARIES
Section 1
It is agreed between the parties that the salary schedule
effective 10/01/04 through 9/30/05 shall be as follows:
Fiscal year 2004-05
Minimum Maximum
Fire Fighter 35,971 57,552
Driver/Engineer 37,864 60,580
Paramedic 42,070 67,312
Lieutenant 47,329 75,727
Paramedic Lt. 49,695 79,513
This salary schedule represents a three percent (3%) increase,
at the minimum and at the maximum, to the fiscal year 2003-04
salary schedule. The parties agree that for entry level positions
the minimum salary is the starting salary.
Section 2
Effective for fiscal year 2004-2005 employees shall be
el igible to receive an individual performance increase, being in
the range of 0% through 5% inclusive.
Such individual performance
increases shall be received on the same Citywide terms, conditions,
and subject to the limitations applicable to other general City
employees, excepting:
43
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
A.
Said
individual performance
increases
shall be granted
pursuant to the Fire-Rescue Department's Employee Performance
Evaluation criteria and forms as determined by the City.
B.
Employees
shall also be eligible to receive incentive
increases in accordance with City policy, outside, and in
addition to the salary ranges set forth in Section 1.
Section 3
An employee who reaches or is at the maximum amount of the
salary range during fiscal year 2004-2005 and who receive only a
portion of the recommended Performance Increase for such fiscal
year, may be eligible for a lump sum bonus.
The maximum bonus
shall be the amount of the performance evaluation recommended and
not received.
In order to be considered for the lump sum bonus, an
employee must have had a commendable or competent performance
evaluation.
In addition the employee shall not have had any
sustained discipline resulting in disciplinary suspension imposed
upon them during the evaluation year for which the bonus would be
paid and shall not have any at-fault accidents in excess of the
current deductible observed by the City.
The Fire Chief shall
review the employee's departmental performance for recommendation
of this special bonus. Thought shall be given to the most current
and important goals and objectives of the Department and the
employee's contribution to such goals. The special bonus shall not
be unreasonably withheld.
44
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Section 4
The bonus paid to qualifying employees shall be paid for
the years specified in this Article only.
Employees shall not be
entitled to a lump sum bonus beyond September 30, 2005.
Section 5
Employees of the bargaining unit shall be eligible for an
increase of one-time $1,500 in their annual base salary upon
completing two, four and six years of service as a Fire-Rescue
Department employee. To qualify for this increase employees must
receive an individual Performance Appraisal increase of 3.5% or
greater for the two successive years prior to the anniversary date
of the first one-time $1,500 increase and 4% or greater for each of
the two successive years preceding their second and third one-time
$1,500 increase. Employees shall not be entitled to the one-time
$1,500 increases in his/her annual base salary beyond September 30,
2005.
Section 6
A ten (10) step pay plan will be established effective
October 1, 2005. The step plan shall be established by increasing
the minimum of each pay range of the fiscal year 2004-05 salary
schedule by 7.66% in order to determine step one for each
classification. The succeeding eight (8) steps shall be determined
by increasing each previous step by a factor of 4.8%.
The tenth
(loth) step shall be determined by increasing the previous step by
5.2%.
45
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
This step plan will be implemented in the following manner:
1. All Fire-Rescue employees shall receive a three
percent (3%) increase to their September 30, 2005
base salary, to be effective the first full
payroll period after October 1, 2005.
If, as a
result of this three percent (3%) increase to
base salary, the employee's new base salary is
equivalent to an established step, the employee
will be established at that step level.
Step
movement for such employee shall thereafter be in
accordance with the provisions of Section 7 and 8
of this article.
2. If, as a result of the three percent (3%) increase
to the base salary above, the employee's new base
salary is within $100 of an established step: (1)
if the established step is higher, the employee
will be moved automatically to that step and
thereafter is in the established plan. I f the
established step is lower, the employee will be
moved automatically to that step and be given a
lump sum payout for the amount of the difference,
and then is considered in the established step
plan. Those employees not in the established step
plan are considered in their own individual step
plan.
Employees in their own individual step
plan shall receive a 4.8% increase to their base
salary on their anniversary date in accordance
46
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
with Section 7 and 8 of this Article. Anytime
they enter an established step plan then they
will move up in the step plan in the same manner
as those in the established plan.
The Step Plans for 2005-06
FIRE FIGHTER
Step 1 2 3 4 5 6 7 B 9 10
40-Hour 18.62 19.51 20.45 21. 43 22.46 23.54 24.67 25.85 27.09 28.50
Shift 15.52 16.26 17.04 17.86 18.72 19.61 20.56 21. 54 22.58 23.75
Annual 38,726 40,585 42,533 44,575 46,714 48,956 51,306 53.769 56,350 59,280
DRIVER/ENGINEER
Step 1 2 3 4 5 6 7 B 9 10
40-Hour 19.60 20.54 21. 52 22.56 23.64 24.78 25.96 27.21 28.52 30.00
Shift 16.33 17.12 17.94 18.80 19.70 20.65 21. 64 22.68 23.76 25.00
Annual 40,764 42,721 44,771 46,920 49,172 51,533 54,006 56,599 59,315 62,400
LIEUTENANT
Step 1 2 3 4 5 6 7 B 9 10
40-Hour 24.50 25.67 26.91 28.20 29.55 30.97 32.46 34.01 35.65 37.50
Shift 20.41 21.39 22.42 23.50 24.63 25.81 27.05 28.34 29.70 31.25
Annual 50,954 53,400 55,963 58,649 61,464 64,415 67,507 70,747 74,143 77,998
47
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
PARAMEDIC
Step 1 2 3 4 5 6 7 B 9 10
40-Hour 21. 78 22.82 23.92 25.06 26.27 27.53 28.85 30.23 31.69 33.33
Shift 18.15 19.02 19.93 20.89 21. 89 22.94 24.04 25.20 26.40 27.78
Annual 45,293 47,467 49,745 52,133 54,636 57,258 60,007 62,887 65,905 69,333
PARAMEDIC LIEUTENANT
Steo 1 2 3 4 5 6 7 B 9 10
40-Hours 25.72 26.96 28.25 29.61 31. 03 32.52 34.08 35.71 37.43 39.37
Shift 21. 44 22.46 23.54 24.67 25.86 27.10 28.40 29.76 31.19 32.81
Annual 53,502 56,070 58,761 61,582 64,538 67,636 70,882 74.285 77,850 81,899
Effective the first pay period after October 1, 2006, the
value of each step in the step plan shall be increased by three
percent (3%).
Those employees who are not established in the step
plan shall receive an across the board increase of three percent
(3%) .
Step Plans for 2006-07
FIRE FIGHTER
Step 1 2 3 4 S 6 7 B 9 10
4Q-Hour 19.18 20.10 21.06 22.07 23.13 24.24 25.41 26.63 27.90 29.36
Shift 15.98 16.75 17.55 18.39 19.28 20.20 21.17 22.19 23.25 24.46
Annual 39,888 41,802 43,809 45,912 48,115 50,425 52,845 55,382 58,040 61,058
48
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
DRIVER/ENGINEER
step 1 2 3 4 5 6 7 B 9 10
40-Hour 20.19 21.15 22.17 23.23 24.35 25.52 26.74 28.03 29.37 30.90
Shift 16.82 17.63 18.48 19.36 20.29 :2:1.27 22.29 23.36 24.48 25.75
Annual 41,987 44,002 46,114 48,328 50,648 53,079 55,626 58,297 61,095 64,272
LIEUTENANT
Sten 1 2 3 4 5 6 7 B 9 10
40-Hour 25.23 26.44 27.71 29.04 30.44 31.90 33.43 35.03 36.71 38.62
Shift 21.03 22.04 23.09 24.20 25.36 26.58 27.86 29.19 30.60 32.19
Annual 52,483 55,002 57,642 60,409 63,308 66,347 69,532 72,869 76,367 80,338
PARAMEDIC
Steo 1 2 3 4 5 6 7 B 9 10
40-Hour 22.43 23.51 24.63 25.82 27.06 28.35 29.71 31.14 32.64 34.33
Shift 18.69 19.59 20. S3 21. 51 22.55 23.63 24.76 25.95 27.20 28.61
Annual 46,652 48,891 51,238 53,697 56,275 58,976 61,B07 64,773 67,883 71,413
PARAMEDIC LIEUTENANT
Step 1 2 3 4 5 6 7 B 9 10
40-Hour 26.49 27.77 29.10 30.49 31.96 33.49 35.10 36.79 38.55 40.56
Shift 22.08 23.14 24.25 25.41 26.63 27.91 29.25 30.65 32.13 33.80
Annual 55,107 57,752 60,524 63,429 66,474 69,665 73,009 76,513 80,186 84,355
49
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Section 7
Following implementation of the step plan set forth above,
bargaining unit employees shall continue to receive an annual
performance evaluation on the employee's employment anniversary
date, or last promotion date, whichever occurs later.
If the
employee receives an overall performance evaluation of satisfactory
or higher, the employee will move to the next established higher
step, or receive a 4.8% increase to base salary if not in an
established step.
An employee who receives an overall performance
evaluation
of
unsatisfactory will
not
move
to
the
higher
established step or receive the 4.8% increase to base salary if not
in an established step until the employee receives an overall
performance evaluation of satisfactory or higher.
Any such
increase will take effect as of the date of the performance
evaluation of satisfactory or higher.
Annual performance evaluations shall be conducted pursuant to
the
Fire-Rescue
Department's
Employee
Performance
Evaluation
criteria and forms, as determined by the City.
Section 8
An employee who reaches or is at the maximum step range,
will only be eligible for a salary increase based on the movement
of the maximum step.
Section 9
Employees who serve as field training Paramedics shall
receive a lump sum compensation of $500 upon completion of the
Evaluation Process.
50
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Section 10
The nineteen employees working in Special Operations at
Fire Station No. 5 (18 personnel) and at Fire-Rescue Headquarters
(1 Special Operations Coordinator)
shall be eligible for an
incentive pay adjustment of $.35 per hour payable monthly.
Certification as a Hazardous Materials Technician, Dive Rescue 1,
Rope Rescue 1, NFPA 1670, and Confined Space Rescue 1, NPFA 1670
may be recommended as certifications for recognition in Special
Operations.
Section 11
Employees working in the EMS Supervisor positions shall be
eligible for an incentive adjustment of $1.00 per hour payable
monthly.
Section 12
Employees working in the Fire Safety Division shall be
eligible for an incentive adjustment of $.50 per hour payable
monthly.
Section 13
Employees temporarily working in positions noted in Section
10, 11 and 12 noted above, shall be eligible for pay adjustment
calculated hourly.
The employee must work at least fifty percent
of any shift or working day, with no accruals of any portion of any
shifts/working days, which are less than fifty percent. A
temporary absence from duty shall be defined as an absence from a
51
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
duty position due to one of the following; illness, vacation, Kelly
Day, attendance at conferences and other City business, leave of
absence or absence without leave.
52
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 13-B-OR
SALARIES
Section 1
It is agreed between the parties that the salary schedule
shall be as follows:
Fiscal Year 2004-05
Minimum
Maximum
Ocean Rescue Oper. Supv.
33,452
50,596
Ocean Rescue Officer
26,556
40,167
Ocean Rescue Lifeguard Trainee
24,821
37,539
Fiscal Year 2005-06
Minimum Maximum
Ocean Rescue Oper. Supv. 34,456 52,114
Ocean Rescue Officer 27,353 41,372
Ocean Rescue Lifeguard Trainee 25,566 38,665
Fiscal Year 2006-07
Minimum Maximum
Ocean Rescue Oper. Supv. 35,490 53,677
Ocean Rescue Officer 28,174 42,613
Ocean Rescue Lifeguard Trainee 26,333 39,825
53
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Section 2
Effective October 1, 2005, all Ocean Rescue employees who are
currently on the payroll as of October 1, 2005 shall be eligible
for a 2% wage adjustment.
This is an annual rate and shall be
calculated and paid on an hourly basis.
This increase shall take
effective on the first full payroll in fiscal year 2005-2006.
Either party may re-open Article 13-B-OR, by notifying the
other party no later than May 1, 2006, to negotiate a one time
increase, for Ocean Rescue employees effective on or after October
1, 2006; provided, however, that increases set forth in paragraph 1
above, shall not be payable or paid during the status quo period.
Section 3
Effective for fiscal years 2004-05, 2005-06 and 2006-07
employees shall be eligible to receive an individual performance
increase, being in the range of 0% through 5% inclusive.
Such
individual performance increases shall be received on the same
Citywide
terms,
conditions,
and subject to the limitations
applicable to other general City employees, excepting:
A.
Said
individual performance
increases
shall be granted
pursuant to the appropriate Employee Performance Evaluation
criteria and forms as determined by the City.
B. Employees shall also be eligible to receive incentive
increases in accordance with City policy, outside, and in
addition to the salary ranges set forth in Section 1.
54
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Section 4
An employee who reaches or is at the maximum amount of the
salary range during fiscal years, 2004-05, 2005-06 and 2006-07, and
who receives only a portion of the recommended Performance Increase
for such fiscal year, may be eligible for a lump sum bonus. The
maximum bonus shall be the amount of the performance evaluation
recommended and not received. In order to be considered for the
lump sum bonus, an employee must have had a commendable or
competent performance evaluation. In addition the employee shall
not have had any sustained discipline resulting in disciplinary
suspension imposed upon them during the evaluation year for which
the bonus would be paid and shall not have any at fault accidents
in excess of the current deductible observed by the City. The
Department
Head
shall
review
the
employee's
departmental
performance for recommendation of this special bonus. Thought shall
be given to the most current and important goals and objectives of
the Department and the employee's contribution to such goals. The
special bonus shall not be unreasonably withheld.
Section 5
The bonus paid to qualifying employees shall be paid for the
years specified in this Article only. Absent future agreement of
the parties, employees shall not be entitled to a lump sum bonus
beyond September 30, 2007.
55
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 14-A-FR
WORKING OUT OF CLASSIFICATION
Section 1
Vacant position
Any Employee assigned to a vacant position which is higher
than his/her normal job classification shall be compensated at the
pay rate for the higher position beginning on the 16th calendar day
for shift Employees, or beginning on the seventh (7th) working day
for non-shift Employees of continuous work in such higher position.
A vacant position shall be defined as a regular, full-time,
budgeted position which is currently unfilled.
A vacant position
shall not be construed to include an occupied position whose
occupant is temporarily absent from duty.
Such temporary absences
from duty shall include, but not be limited to, the following:
illness, vacation, Kelly day, attendance at conferences and other
City business, attendance at school or other educational programs,
leaves of absence or absence without leave.
Section 2
Employee Absence
An Employee assigned to a filled position whose occupant is
temporarily absent from duty, which position is higher than his/her
normal job classification, shall be compensated at a rate five
percent (5%) above his/her normal job classification. In order to
receive credit for working in such a higher position, the Employee
must work at least fifty percent (50%) of any such shift or working
day, with no accruals of any portions of any Shifts/working days
which are less than fifty percent (50%).
A temporary absence from
duty shall be defined as an absence from a duty position due to one
56
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1,2004 through September 30, 2007
of the following: illness, vacation, Kelly day, attendance at
conferences and other City business, leave of absence or absence
without leave.
Section 3
In selecting Employees to fill vacant or absent positions,
the City shall endeavor, in good faith, to select an Employee who
meets the qualifications for such position; i. e., first from the
current promotion list, and secondly from those employees who meet
the eligibility requirements to take the promotional examination.
If no such qualified Employee who is on duty is available to fill
such position, then the City may select an Employee to fill such
position at the discretion of the Chief or the Chief's designee.
57
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 14-B-OR
WORKING OUT OF CLASSIFICATION
Section 1:
Vacant position
Any Employee assigned to a regular but vacant full-time
budgeted position which is higher than his/her normal job
classification shall be compensated at a rate of five percent (5%)
above his/her regular base pay beginning on the first (1st) working
day of continuous work in such higher position.
An Employee assigned to a filled position whose occupant is
temporarily absent from duty, which position is higher than his/her
normal job classification, shall be compensated at a rate five
percent (5%) above his/her normal job classification. In order to
receive credit for working in such a higher position, the Employee
must work at least fifty percent (50%) of any such shift or working
day, with no accruals of any portions of any shifts/working days
which are less than fifty percent (50%).
A vacant position shall not be construed to include an
occupied position whose occupant is temporarily absent from duty.
Such temporary absences from duty shall include, but not be limited
to, the following: illness, vacation, attendance at conferences and
other City business, attendance at school or other educational
programs, leaves of absence or absence without leave.
58
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 15
VACATION
Section 1
All regular employees shall earn vacation leave. Employees
become eligible to use accrued vacation after one (1) year of
continuous service and may then use vacation as it is earned.
vacation will be earned at the monthly rate as identified in
Section 2.
Section 2
Years of continuous service
Shift/Non-shift Employees
Over, But Less than
Vacation hours earned
o years 3 years
12.00/8.00 per month
3 years 7 years
14.00/9.33 per month
7 years 11 years
16.00/10.66 per month
11 years
18.00/12.00 per month
Section 3
Continuous service shall be considered to be any service in
which there has been no interruption by resignation, or by
involuntary separation or lay-off in excess of one year.
Absence
due to military service, injury in line of duty, or sick leave with
pay shall not serve to interrupt continuous service.
Absence due
to leave without pay shall not be construed as an interruption of
continuous service, but vacation benefits shall not be accrued
during such leave for any month in which the employee does not work
a period of fifteen (15) days or more for non-shift employees.
59
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Section 4
When legal holidays occur within the vacation period of an
Employee, the number of such days that are legal holidays shall be
added to the normal number of vacation days allowed (for non-shift
employees) or paid as overtime (for shift employees, since they are
not permitted to take the day off) as outlined Sick Leave.
However, said overtime paid pursuant to this Section shall be paid
at straight time for shift employees; non-shift employees are
required (subject to call back) to actually take the legal holiday
as a day off; and thus, when said holiday occurs in the vacation
period of a non-shift employee, it shall not be counted as one of
the employee's vacation days used.
section 5
Vacation Leave shall be used only with the prior approval
of the supervisor.
Subj ect only to the requirement of maintaining essential
services, as determined by the Fire Chief, seniority shall govern
in the scheduling of vacations.
Section 6
The maximum number of vacation hours allowed to be
accumulated at any time are as follows:
Average Scheduled Work Hours
Maximum Accumulated Hours
Per Week
40
288
48
432
60
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1,2004 through September 30, 2007
Section 7
Employees starting to work on or before the 15th of the
month will accrue vacation leave for that month.
Employees
starting to work after the 15th of the month begin accruing
vacation leave the following month.
Section 8
Any vacation time earned in excess of the above will be
forfeited.
No additional accrual or payment in lieu of taking
vacation is authorized unless prior approval is granted by the City
Manager. When an extraordinary workload such as might be caused by
special projects or position vacancies, preclude an employee taking
vacation, the City Manager may approve accrual of excess vacation.
In such cases, the excess vacation must normally be used during the
next quarter of the year.
Section 9
An Employee resigning from the service of the City in good
standing may be paid for any vacation credit accumulated prior to
resignation, provided:
A. He has completed one year of continuous service.
B. He gives at least two weeks' written notice of his/her
intent to resign.
Section 10
Employees who retire from the City under the City of Delray
Beach Police and Firefighters Retirement System or the General
61
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Employee Pension Plan will be paid for any vacation credit
accumulated prior to the date of retirement, provided:
The Employee gives at least two weeks' written notice of
his intent to retire.
Section 11
In case of death of an employee, payment for unused
vacation leave shall be made to the employee's beneficiary, estate,
or as provided by law.
62
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 16
HOLIDAYS
Section 1
The following days shall be holidays for both non-shift and
shift employees:
New Year's Day
Martin Luther King, Jr.'s
Birthday
Presidents' Day (3rd Monday in
February)
Labor Day (1st Monday in September)
Memorial Day (last Monday in May)
Independence Day (July 4)
Veterans Day (for fire-shift
personnel only)
Thanksgiving Day
Thanksgiving Friday (for
non-shift personnel only)
Christmas Related Holiday
Personal Holiday
(1 per fiscal year)
and any other day declared by the City Commission to be a legal
holiday.
The Personal Holiday will be granted on a date selected
by the employee, provided the employee has six (6) consecutive
months of regular full-time service with the City.
The date
selected must be approved by the Department Head and City Manager.
The Personal Holiday for shift employees will not be granted as
time off but will be compensated at 9.6 hours straight time pay on
the date selected by the employee and approved by the Fire Chief
and the City Manager.
Section 2 Fire Department Personnel Only
A. Non-Shift Employees - Non-shift employees on the above days
shall be off duty with pay subj ect, however, to being
called in for work on such days if required by their
supervisor, Fire Chief, and/or City Manager. Employees will
63
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
be compensated for their eight (8) or ten (10) hour work
days respectively.
B. Shift Employees - Shift employees shall receive 9.6 hours
straight time pay at the appropriate hourly rate for each
holiday and 4.8 hours pay at the appropriate hourly rate
for the half days set forth above.
The shift employees
will work their normal shift whether on a holiday or not.
Section 3
Employees who are on leave without pay on the day preceding
and the day following a holiday or who are absent without leave on
the day preceding or the day following a holiday shall be
considered as absent without pay on the holiday and shall not be
compensated for the holiday.
section 4
All regular,
full-time,
non-shift employees shall be
granted leave with pay on the holidays listed above.
In the event
any of the aforementioned days fall on Saturday, the preceding
Friday shall be considered a holiday, and in the event any of the
aforementioned days fall on Sunday, the following Monday shall be
considered a holiday.
64
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 17
SICK LEAVE
Section 1
The Union recognizes that sick leave is not a privilege
which an Employee may use at his discretion and it shall be allowed
only for the following:
1.
Employee's injury, illness or quarantine due to
exposure to contagious disease.
2 .
Actual illness of a member of an Employee's
immediate household
(wife,
husband,
child or
parent) where care by the Employee is required.
The City, at its sole discretion, has the authority at any
time to make inquiry of the subject Employee in order to determine
that the sick leave privilege was exercised only for the reasons
set forth in this section.
Section 2
Non-Shift Personnel.
Except as otherwise provided, all
regular, full-time non-shift Employees may be given sick leave with
pay at the rate of one working day for each calendar month of
continuous service during which there were no absences without
leave, provided:
1.
Sick leave credits shall accrue during the first
six months of service, but shall not be granted
until completion of six months of continuous
service.
65
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
2.
If employment begins on or before the fifteenth
day of the month sick leave credit shall be given
for the entire month.
If employment begins after
the fifteenth day of the month sick leave will not
be credited until the first day of the following
month.
3.
If a non-shift Employee works less than half the
normal work days during a month for reasons other
than vacation, sick leave shall not be credited
for that month.
4.
Sick leave credits shall be available for use on
the first day of the month following the month in
which earned.
The maximum sick leave accumulation that may be accrued is one
hundred forty (140) days (1,120 hours).
The Employee may bank all
unused sick leave each year until the one hundred forty (140) day
(1,120 hours) maximum is reached.
Section 3 Fire Department Personnel Only
Shift Personnel.
Except as otherwise provided,
all
regular, full-time, shift Employees may be given sick leave with
pay at the rate of 9.6 hours for each calendar month of continuous
service during which there were no absences without leave,
provided:
1.
Sick leave credits shall accrue during the first
six (6) months of service, but shall not be
66
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
granted until completion of six (6) months of
continuous service.
2 .
If employment begins on or before the fifteenth
day of the month sick leave credit shall be given
for the entire month.
If employment begins after
the fifteenth day of the month sick leave will not
be credited until the first day of the following
month.
3 .
If a shift Employee works less than half of the
normal work days during a month for reasons other
than vacation, sick leave shall not be credited
for that month.
4 .
Sick leave credits shall be available for use on
the first day of the month following the month in
which earned.
The maximum sick leave accumulation that may be accrued is 1,344
hours. The Employee may bank all unused sick leave each year until
the 1,344 hour maximum is reached.
Section 4
Employees who resign in good standing shall receive pay at
their then regular rate for the portion of their accrued sick leave
stated below, not to exceed a total payment of 70 days (560 hours)
for non-shift employees including Ocean Rescue employees) and 672
hours (for shift Employees) :
67
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Years of Service
Percentage of Accrued Sick
Leave to be Paid
o - 5
-0-
5 - 10
25%
10 - 15
50%
15 - 20
75% (or up to 560 hours
for non-shift personnel
and 672 hours for shift
personnel)
Employees who retire from the City in good standing after 20
years under the City of Delray Beach Police and Firefighters
Retirement System or General Employee Pension Plan shall receive
pay at their then regular hourly rate for their total amount of
accrued sick leave, not to exceed the maximum allowed accrual of
140 days (for non-shift Employees) and 1,344 hours (for shift
Employees and Ocean Rescue Employees) .
Section 5
Ocean Rescue employees who desire to take sick leave shall
report to his/her immediate supervisor. Other employees who desire
to take sick leave shall report to their Battalion or Division
Chief on duty, or if not available, to Delray Beach Police-Fire
communications, prior to the start of the first shift/work day of
their illness or disability, otherwise they shall be considered as
absent without leave.
Employees should report in sick at least
thirty (30) minutes prior to the beginning of the shift/work day.
The Department Head may investigate such absences to determine
their validity.
When absence is for three or more consecutive
68
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
working days for non-shift personnel and Ocean Rescue employees or
more than two consecuti ve shifts for shift personnel, the
Department Head may require the Employee to provide a certificate
from a physician, certifying to the actual disability of the
Employee, or may require a letter from the Employee explaining the
reasons for such absence.
Section 6
In cases of death of an employee, payment for unused sick
leave shall be made to the employee's beneficiary, estate, or as
otherwise provided by law, in accordance with Section 4 of this
Article.
69
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30,2007
ARTICLE 18
BEREAVEMENT LEAVE
Section 1
The City agrees that when a death or critical illness in which
death appears to be imminent, occurs in the family (family being
herein defined as follows: father, mother, brother, sister, spouse,
child, father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law,
sister-in-law,
grandparents,
grandchild,
foster
parents, foster child, step-mother, step-father, or step-child; no
other persons shall be contained within the definition of family
except as specifically set forth herein) of an employee, the
employee, if non-shift personnel and Ocean Rescue employees, may be
allowed three (3) working days bereavement leave with pay, or if
the employee is shift personnel, may be allowed twenty-four (24)
hours' duty bereavement leave with pay; provided, however, such
leave may not be used on more than one occasion per family member,
as defined above.
Section 2
The City agrees when an employee is notified of the death of a
family member while on duty as defined in Section 1 that employee
will immediately be relieved from duty with administrative leave
pay for the remainder of their shift.
The City agrees that the
above stated bereavement leave will not be charged against sick
leave, vacation, or holiday time.
Additional time for bereavement
leave may be requested by the employee, and if granted, shall be
charged to one of the foregoing categories.
70
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Section 3
The employee may be required by the Department Head to furnish
evidence of the facts justifying the use of Bereavement Leave.
71
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 19
HEALTH INSURANCE
Section 1
The City agrees to pay the total medical and hospitalization
HMO insurance premium for all regular, full-time employees for the
coverage that is in effect for general employees.
The City may
change such coverage, provided that the change in coverage is in
conjunction with a change in coverage for a substantial portion of
the general employees of the City, and that after such change, the
City will pay the total hospitalization premium for all employees
under the new coverage.
Section 2
All regular, full-time employees shall pay the total medical
and hospitalization insurance premiums for any dependent coverage
which they may elect.
The parties agree that state or federally mandated health
insurance plans may impact the parties rights and obligations. The
parties agree that if there are such mandates during the duration
of this contract,
the impact thereof shall be subject to
bargaining.
Section 3
The City reserves the right to change the medical and
hospitalization insurance carrier, but the level of deductible and
72
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
insurance benefits provided to bargaining unit employees shall not
be reduced during the term of this Agreement.
Section 4
The City will maintain an insurance committee to discuss and
review the City's insurance program, and to make recommendations to
the City Manager regarding the City's insurance program(s). The
insurance committee will be composed of one representative from
each of the bargaining units in the City, appointed by the union
representing that unit, a representative of the non-bargaining unit
employees of the City, and management representatives.
The City
Manager will select the management members of the insurance
committees.
73
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 20-A-FR
SENIORITY
Section 1
The City agrees that seniority shall consist of continuous
accumulation of paid service with the Department.
It shall be
computed from the date of employment with the Department.
Seniority shall accumulate during all approved leaves of absence of
thirty (30) days or less and during approved leaves of absence of
less than one (1) year when such leaves are due to job related
illness or injury.
Section 2
Subj ect to the approval of the Fire Chief, which approval
shall be based on enumerated departmental standards, which are
published in advance of the selection process, pertaining to:
minimum staffing, numbers and types of certifications required
within that staffing, and the number and types of officers or other
ranks within that minimum staffing level, the choice of vacation
period and Kelly days shall be as follows:
The annual choice of Kelly days and vacation period shall be
made at the same time each year with selections on the basis of
seniority.
Seniori ty for the choice of a Kelly day and vacation
shall be calculated based on the beginning date of an Employee's
most recent period of continuous paid service with the Fire-Rescue
Department. If more than one Employee started with the Fire-Rescue
Department on the same date, then seniority for those Employees
74
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Co\1ective Bargaining Agreement
October I, 2004 through September 30, 2007
shall be established based on the date they filed an application
for employment. If more than one Employee filed an application for
employment on the same date, seniority for those Employees shall be
based on the alphabetical order of their last names. New
Employees, hired after this Department-wide annual selection date
of Kelly days and vacation periods, shall be assigned a Kelly day
by the Fire Chief (or his/her designee), said assigned Kelly day to
be on a temporary basis until the next annual selection date when
that Employee shall make his/her selection, based on seniority, as
set forth above.
Employees transferred from one shift to another
shift may retain their previously selected Kelly day, provided that
no scheduled overtime results from this action.
If scheduled
overtime would result from a transferring Employee retaining
his/her previously selected Kelly day, the Employee may select a
vacant Kelly day as long as scheduled overtime would not result,
said Kelly day to be on a temporary basis until the next annual
selection date when the Employee shall make his/her selection,
based on seniority, as set forth above.
Section 3
In the event of layoff for any reason, the Employees shall be
laid off in the inverse order of seniority in their classification
only.
Employees who are affected by a layoff and have received
satisfactory performance evaluations during the year preceding the
layoff shall have the opportunity to bump.
Employees shall be
recalled from layoff in the inverse order of layoff (last out,
first back) if said Employees to be recalled are physically
75
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30,2007
qualified to perform the work available at the time of recall. The
City further agrees that no new Employees in a particular
classification will be hired for one (1) year or until all
Employees in that particular classification on layoff have been
given the opportunity to return to work, whichever comes first, in
accordance with the provisions of this Article.
"Recall" from
layoff shall mean notifying a laid off Employee to return to work
by registered mail to the last address listed with the Department
as his home address or by giving a laid off Employee personal
notice to return to work.
If the affected Employee has not
responded to recall within three (3) work days of the return
receipt date on the recall notice or if the recall notice is
returned by the Post Office to the City due to inability to locate
the addressee, or the affected Employee has not responded to
personal notice recall within three (3) work days, then that
Employee shall be considered to have refused recall.
76
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 20-B-OR
SENIORITY
Seniority shall be based on date of hire as an Employee of the
Ocean Rescue Division.
Seniority shall be the basis for selecting
normal days off for Employees.
An employee may request to change
his or her days off only after they become available through
promotion, retirement, dismissal, resignation, or mutual agreement.
Each September all days off shall be re-opened for selection for
the coming fiscal year (October through September). Selection shall
be made in order of seniority by each full-time employee.
Seniority shall also be the basis for the Division's recall
procedure and vacation selection process.
77
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30,2007
ARTICLE 21
POSTING OF THIS AGREEMENT
The City will make available to the Union twelve (12) copies
of this Agreement and the Union will post a copy on the Union
bulletin boards provided pursuant to this Agreement at each Fire
Station, Ocean Rescue Headquarters, and at other work sites where
bulletin boards are located.
78
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1,2004 through September 30, 2007
ARTICLE 22
MANAGEMENT RIGHTS
Section 1
The City of Delray Beach shall have the right, subject only to
express restrictions in this Agreement, to exercise its own
discretion unilaterally on all of the following matters, when in
its sole discretion it may determine it advisable to do any or all
of the following:
A. To manage and administer the affairs of the City
generally.
B. To decide the purpose of each of its constituent
agencies.
C. To set standards of service to be offered to the public.
D. To exercise control and discretion over its organization
and operation.
E. To direct its Employees.
F. To take disciplinary action and dismiss Employees for
just cause as to both non-probationary and probationary
promoted Employees, and to take disciplinary action and
dismiss with or without cause as to new probationary
Employees.
G. To relieve its non-probationary Employees from duty
because of lack of work and other legitimate reasons, to
remove a promoted probationary Employee from the position
to which he was promoted with or without cause, in which
event the removed promoted probationary
79
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Employee shall be returned to the position from which he
was promoted (but this shall not be construed as a
limitation on or a waiver of the City's right to dismiss
or discipline such a promoted probationary Employee for
just cause pursuant to subsection F, above), and to
remove other promoted probationary Employees which may be
necessary because of the return of this Employee to his
former position. To relieve other probationary Employees
from duty for any reason, with or without cause.
H. To determine and re-determine work schedules subject to
the provision of Article 10 relating to type of shifts to
be worked by the Employees.
I. To maintain order and efficiency in its operations.
J. To determine and re-determine the number of hours to be
worked, subject to the provisions of Article 10.
K. To require Employees to be in good physical and mental
condition so that they are able to perform the normal
duties of personnel in their appropriate department.
L. To promulgate reasonable rules and regulations for its
Employees not in conflict with the provisions of this
Agreement, except that such rules and regulations shall
be presumed reasonable in any grievance procedure.
M. To set the standards and procedures for application,
testing,
selection
procedures
and
appointment
to
positions.
80
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
N. To take disciplinary action against Employees who violate
any provisions of this contract or any rules and
regulations promulgated by the City not in conflict with
the provisions of this Agreement.
O. Under reasonable circumstances, to dismiss or otherwise
relieve from duty Employees who have contracted or
developed some mental or physical ailment or defect which
incapacitates him/her for duty in the City service.
P. To require enhanced supervision of both probationary and
non-probationary
Employees
under
reasonable
circumstances.
Section 2
In addition to the Management Rights enumerated in Section 1
the City of Delray Beach shall have all other rights and
prerogatives which in the past it has lawfully exercised or could
have lawfully exercised unilaterally subject only to express
restrictions on such rights, if any, as are provided in this
Agreement.
81
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 23
STRIKES AND ILLEGAL ACTIVITY
Section 1
A "strike" shall be defined as the concerted failure to report
for duty, a concerted absence of Employees from their positions, a
concerted stoppage of work, a concerted submission of resignations,
a concerted abstinence in whole or in part by Employees from the
full and faithful performance of their duties of employment with
the City of Delray Beach, or participating in a deliberate or
concerted course of conduct which adversely affects the services of
the City of Delray Beach, or the concerted failure to report for
work after the expiration of a collective bargaining agreement.
Section 2
The Union recognizes that strikes by public Employees are pro-
hibited by Article I, Section 6 of the Florida Constitution and
Section 447.505, Florida Statutes.
The Union agrees not to
authorize, instigate, or otherwise support a strike, as defined in
this Article, and to undertake its best efforts to prevent or
terminate any strike which occurs in contravention of this
commitment.
Section 3
The Union recognizes that it and all acting in concert with it
shall be liable to the penal ties set forth in Section 447.507,
Florida Statutes, and Chapter 35 of the Code of Ordinances of the
City of Delray Beach in the event of a strike in violation of this
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Article; provided, the Union shall not be liable for such penalties
for a strike it did not authorize, instigate or otherwise support
if the Union has complied with the requirements of Section 2,
sentence 2 of this Article, and provided further it shall be the
Union's affirmative obligation to show such compliance.
Section 4
The City of Delray Beach shall have the right to unilaterally
terminate the employment of any Employee engaging in a strike. The
only issue which shall be grievable with reference to the
termination is whether or not the Employee was in fact engaged in a
strike.
Section 5
In the event of a strike, the Union will notify the Employees
and inform them that a strike is illegal under Florida Law, of the
sanctions which may be imposed against the Union and participating
Employees for a strike, and further instruct striking Employees to
immediately return to work. The Union agrees that the notification
will be in writing and will be made in a good faith effort to get
the Employees to return to work.
Such conduct shall exonerate the
Union from all penalties which may be imposed under this Agreement.
83
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1,2004 through September 30, 2007
ARTICLE 24
UNCONSTITUTIONALITY CLAUSE
Should any section or portion of this Agreement be held
unlawful and unenforceable by any court of competent jurisdiction,
such decision of the court shall apply only to the specific section
or portion thereof, directly specified in the decision.
Upon the
issuance of such decision, the parties agree to immediately
negotiate a substitute, if possible, for the invalidated section or
portion thereof.
Any remaining portions of this Agreement shall
remain in full force and effect and shall not be affected thereby.
84
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 25-A-FR
DUTIES OF EMPLOYMENT
Section 1
Employees shall not be required to maintain the lawns and
grounds; meaning grass, shrubs, and trees, nor to maintain the
building exteriors with the exception of the maintenance and
installation of storm shutters, nor to paint the interiors or
exteriors of the fire stations.
Employees shall be required to
perform routine station maintenance done on a scheduled basis
including but not limited to window cleaning, the cleaning of
kitchen and living facilities, training facilities, and other items
invol ved in routine station maintenance and minor repairs of the
fire stations and equipment and the City agrees to provide the
necessary and proper materials for such employment duties.
It is
further provided that Employees shall be required to assist in
hydrant inspection and testing, and all dispatching duties as
assigned by the Fire Chief or his or her designee.
Section 2
Employees are required to arrive for work in a condition
making them ready, willing and able, including being well-rested,
in order to perform all of their assigned duties and tasks.
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 25-B-OR
DUTIES OF EMPLOYMENT
Section 1
Employees are required to arrive for work in a condition
making them ready, willing and able, including being well-rested,
in order to perform all of their assigned duties and tasks.
Section 2
Duties of employment shall be as follows:
. cleaning of work areas including the garage and kitchen
. minor repairs to equipment
. minor repairs to lifeguard towers
. installation of storm shutters
And any other duties deemed necessary by Supervision as related to
the deli very of safety services at the Municipal Beach and Beach
Parks.
The City shall provide the proper equipment and supplies
for such duties. The Ocean Rescue staff shall not be required to
use power tools for the maintenance or repair of equipment,
lifeguard towers or facilities.
The Ocean Rescue staff shall not
be required to work at the City pools.
86
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 26-A-FR
PROMOTIONS
Section 1
The Labor Management Committee shall meet annually to review
and select source materials for each written examination, keeping
the material current in accordance with accepted modern day
concepts and practices.
A list of source material from which the written examination
is drawn shall be published concurrent with the exam announcement,
and shall be published at least one hundred eighty (lBO) days in
advance of the date of the examination.
The examination for the position of Driver Engineer shall be
given annually during the month of November.
The examination for
Lieutenant shall be given every even year and the examination of
Chief Officer shall be given every odd year during the month of
June.
The date of the promotional examinations may be delayed up
to sixty (60) days, due to extenuating circumstances as determined
by the City Manager or his or her designee, and if extenuating
circumstances persist, may be delayed an additional sixty (60)
days.
If extenuating circumstances result in a delay of a
promotional examination, notice shall be given to the Union at
least fifteen (15) days before the examination, if possible.
87
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1,2004 through September 30, 2007
Section 2
The minimum qualifications for each position are as follows:
Driver Engineer - Three (3) years continuous service with the Delray
Beach Fire-Rescue Department;
and current EMT or Paramedic
Certification; and successful completion of the following courses:
Pumps and Apparatus,
FFP#1601
Hydraulics,
FFP#2640
Truck Company Operations,
FFP#0703
LIEUTENANT
Five (5) years continuous service with the Delray
Beach Fire-Rescue Department; and
Current EMT or Paramedic Certification; and
Currently serving as a Driver Engineer or have passed the
Driver Engineer's Examination; and
Successful completion of thirty (30) Semester Hours of
college
courses,
or
approved
courses
specif ically
identified as Fire Science or EMS Degree courses. A
minimum of fifteen (15) hours shall be Fire Science or
EMS courses. The remainder of hours may be Fire Science,
EMS, or related courses accepted by the State Fire
Marshal's Rules and Regulations, 4A-37.073, supplemental
compensation which may include EMT or Paramedic college
credit courses, not both.
In addition to meeting the minimum qualifications for the rank of
Lieutenant, the following shall apply:
88
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
1. Candidates for Fire Safety Division Lieutenant shall
possess a current State Certification for Municipal
Fire Safety Inspector at the time of promotion.
2. Candidates for a Paramedic Lieutenant position shall
possess a current State Certification for Paramedic
and be protocol certified at the time of promotion.
3. Candidates hired after October 1, 1999 shall be
required to possess current State Certification as a
Paramedic and Municipal
Fire
Inspector to be
eligible to sit for a promotional examination for
the position of Lieutenant.
Chief Officer - Seven (7) years continuous service with the Delray
Beach Fire-Rescue Department; and
Current EMT or Paramedic Certification; and
Currently serving as a Lieutenant for a minimum of two
(2) years; and successful completion of sixty (60)
Semester hours of college courses, or approved courses
specifically identified as Fire Science or EMS Degree
courses.
After June 2007, an AS or AA degree will be
required in place of the sixty (60) semester hours. A
minimum of twenty-seven (27) hours shall be Fire Science
or EMS courses.
The remainder of hours may be Fire
Science, EMS, or related courses accepted by the State
Fire
Marshal's
Rules
and
Regulations,
4A-37.073,
supplemental compensation which may include EMT or
Paramedic college credit courses, not both.
89
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
In addition to meeting the minimum qualifications for the rank of
Chief Officer, the following shall apply:
1. Candidates for a Chief Officer assigned to the Fire & Life
Safety Division shall possess a current State Certification
for Municipal Fire Safety Inspector at the time of promotion.
2. Candidates for EMS Division Chief shall possess a current
State Certification for Paramedic and be protocol certified at
the time of promotion.
3. Candidates for Training and Logistics Division Chief shall
possess a current State Certification for Basic Instructor at
the time of promotion.
Section 3
The Union and the City agree that a passing scored of 70%
shall be achieved for each portion of the examination process. If
one portion of the examination process is failed, the individual
shall not become a candidate for promotion on the next standing
list.
Examination process weight will be applied for each position
as follows:
Driver Engineer
Written Examination 30%
Driving Skills - Non-emergency Operations 30%
Practical Skills - Emergency Apparatus Operations 40%
Seniority - 0.5 points per year of service to a maximum of five (5)
points
90
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Certification
Three (3) points for State Certification as a Paramedic
Two (2) points for State Certification as a Municipal Fire
Inspector
One (1) point for certification as a Haz-Mat Technician
Lieutenant
Written Examination
40%
Assessment Center
60%
Seniority - 0.5 points per year of service to a maximum of five (5)
points
Certification
Three (3) points for State Certification as a
Paramedic
Two (2) points for State Certification as a Municipal Fire
Inspector
One (1) point for certification as a Haz-Mat Technician
Chief Officer
Written Examination
40%
Assessment Center
60%
Seniority - 0.5 points per year of service to a maximum of five (5)
points
Certification
Three (3) points for State Certification as a
Paramedic
Two (2) points for State Certification as a Municipal Fire
Inspector
One (1) point for certification as a Haz-Mat Technician
91
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Section 4
The City shall have the right to assign persons to "acting
positions"
to fill any vacancies
which may exist from time to
time, provided that such assignments to "acting positions" shall
not exceed two (2) months in duration.
All employees who pass a promotional examination shall be
listed on a Promotional List in consecutive order with the employee
having the highest score being listed first.
For the position of
Driver Engineer, the Promotional
List
shall expire one (1) year
from the date it is posted.
The Promotional List for Lieutenant
and Chief Officer shall expire two (2) years from the date they are
posted.
Promotional vacancies shall be filled by selection from among
those three (3) employees who achieve the highest passing score on
the promotion process.
If an employee is to be passed over, the
Fire Chief shall counsel the individual as to why the employee was
not promoted.
Section 5
When an employee is promoted to a higher classification and
pay grade, the employee's base salary shall be increased by five
percent (5%) . The employee shall then be placed in the step of the
higher classification which is equivalent to the employee's
increased base salary.
If the employee's new base salary is not
equivalent to any step in the higher classification, the employee
shall be placed in the lowest step in the higher classification
that exceeds the employee's new base salary.
Whenever a promotion
92
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
results in an increase of more than ten percent (10%) in an
employee's base salary, that employee's annual performance review
date shall be changed to the anniversary date of the promotion.
Section 6
When a Paramedic accepts an assignment to the rank of Driver
Engineer, the Paramedic's grade level shall not be changed. Driver
Engineers who become certified Paramedics will have their grade
level moved to the same grade as Paramedics.
Section 7
To be eligible for a lateral transfer to a vacant Lieutenant
position, an employee must meet the minimum qualifications for the
position. Lateral transfer application should be considered by the
Fire Chief, but no obligation to grant the request is mandated.
Section 8
When a new employee is hired to the position of Fire
Fighter/Paramedic his/her salary will begin at the entry level Fire
Fighter pay grade.
Upon course completion, obtaining his/her
Paramedic
State
Certification,
and passing the Department's
protocol testing, the employee will be promoted to the entry level
Fire Fighter/Paramedic grade.
When this promotion results in an
increase of more than ten percent (10%), the employee's annual
performance review date will change due to the promotion.
93
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 27
PROBATIONARY PERIOD - NEW EMPLOYEES
The probationary period for all new Employees covered by this
Agreement shall be one (1) year from the date of hire excluding
time spent outside the department for the purpose of obtaining
firefighter or paramedic certification.
Probationary Employees
shall have no right to utilize the Grievance/Arbitration procedure
contained in this Agreement or any other policy or procedure for
any matter concerning discharge, suspension or other discipline.
94
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 28
PROBATIONARY PERIOD - PROMOTED EMPLOYEES
There shall be a probationary period of one year for each
Employee who is promoted to a higher classification within the
Bargaining Unit.
This probationary period shall commence from the
Employee's initial regular assignment to the higher classification.
During the one year probationary period, the City Manager or his or
her designee shall have the right to remove the probationary
Employee from the position to which that Employee was promoted.
Any probationary Employee so removed shall have no right to appeal
said action under the provisions of this Agreement, or any other
policy or procedure.
A probationary promoted Employee who is removed from the
position to which that Employee was promoted, shall return to the
position from which that Employee was promoted (however, this shall
not be construed as limitation on or a waiver of the City's right
to dismiss or discipline such a probationary promoted Employee).
Other probationary promoted Employees may also be removed and
returned to their former positions if made necessary because of the
return of such a probationary
promoted
Employee to his or her
former position.
95
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 29
DISMISSAL/DISCIPLINE
Section 1
The City Manager or his designee may at any time dismiss or
otherwise discipline any Employee for just cause.
Section 2
The City Manager shall furnish the non-probationary Employee
and the promoted probationary Employee whom he dismisses from the
City service, with a written statement outlining in detail reasons
for the removal and the date and time such removal becomes
effective.
A copy of the above-mentioned statement shall also be
furnished to the Department Head.
Section 3
If criminal charges have been formally instituted against an
Employee, the City Manager may place said Employee on leave of
absence with or without pay, or reassign to an administrative
position after 15 days written notice.
During such leave of absence, the City may investigate and
take
appropriate
disciplinary
action
against
the
Employee.
However, if the Employee is subsequently found not guilty by a
trial court of all the criminal charges which had been instituted
against the Employee, and if no disciplinary action has been
instituted, the Employee shall be reinstated and awarded back pay
for the period of said leave of absence.
96
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Section 4
The City shall notify Employees of the institution of any
administrative review or investigation, the result of which could
ultimately result in the imposition of discipline against the
Employee(s) known by the City at said time to be involved, within
ten (10) working days of the incident which gave rise to the review
or investigation or the Department Head's or Acting Department
Heads knowledge of such incident, whichever is later.
Furthermore,
although nothing contained herein shall preclude the City from
increasing, decreasing or otherwise modifying any intended degree
of severity of such discipline prior to the time such discipline is
imposed by the City, the City may not impose additional discipline
against Employee(s) for the same incident and based upon the same
facts and circumstances unless there is evidence of additional
information not known to the City at the time of discipline being
imposed which can support the additional
discipline, and further
such restriction shall not prevent the City from utilizing such
discipline as part of a progressive discipline program or as part
of the Employee's (s') employment record for further disciplinary
actions or personnel purposes.
97
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 30
RESIGNATION
Section 1
Any Employee who wishes to resign in good standing shall give
the Department Head a written notice of his or her intention at
least two (2) weeks prior to the date said resignation is to become
effective, or shorter notice, with the approval of the Department
Head.
Notice of resignation shall be immediately forwarded to
Human Resources together with said Employee's termination forms.
Section 2
If any Employee resigns without giving the required notice,
the Department Head shall notify the Human Resources Department;
the Human Resources Department shall enter this fact into the
Employee's personnel records; and failure to give such required
notice of resignation may be considered sufficient reason for
rej ecting any future application of said Employee to reenter City
service.
The Department Head may enter a good standing notation
into the records of an Employee who fails to give two weeks' notice
if he or she feels there were extenuating circumstances.
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 31
LEAVES OF ABSENCE WITH PAY
Employees may be granted leaves of absence with pay upon
approval of the Department Head and the City Manager for the
following:
A. Jury duty or other required appearances before a court or
other public body except such appearances required
because of the personal matters of the employee or his or
her family.
B.
Official
training
courses
such
as
conferences,
conventions, workshops or similar meetings approved by
the City.
Under these provisions, no overtime pay will be considered.
Leaves of absence with pay will not be considered as hours actually
worked in the computation of time-and-a-half payment of overtime at
the end of the work cycle during which they occurred unless such
leaves are directly concerned with City business and the employee
was directed by the Department Head to use such leave in order to
conduct City business.
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City of Del ray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 32
LEAVES OF ABSENCE WITHOUT PAY
Section 1
Leave without pay, not to exceed one (1) year, may be granted
by the City Manager on recommendation of the Department Head to any
employee who has entered upon a course of training or study for the
purpose of improving the quality of his or her service to the City,
or fitting himself or herself for promotion.
Section 2
Upon written request of an employee and approval by the
Department Head, the City Manager may grant a leave of absence
without pay when it will not result in undue prejudice in the
interest of the City.
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 33
ABSENCE WITHOUT LEAVE
Section 1
An absence of an Employee from duty, including any absence for
a single day, that is not authorized by a specific grant of leave
or absence under the provisions of this Agreement, shall be deemed
to be an absence without leave. In determining whether a specific
grant of leave of absence exists, it is understood by both parties
that the leave request forms must be signed by the employee and the
employee's supervisor before taking the leave in all cases except
sick leave or bereavement. Any such absence shall be without pay.
Section 2
Any Employee who is absent from duty for three (3) consecutive
days without securing leave from the shift officer or without
notifying him of the reason for such absence and the time he
expects to return, may be considered to have resigned without
notice.
For forty (40) hour personnel, three (3) consecutive days
shall mean three (3) work days.
For shift personnel three (3)
consecutive days shall mean three (3) calendar days.
Section 3
All such unauthorized leaves shall be promptly entered into
the Employee's personnel records and shall be considered in his
merit ratings.
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 34
OUTSIDE EMPLOYMENT
Section 1
No member of the Bargaining Unit may hold outside employment
unless the employee's written request for approval of such
employment is recommended for approval by the Department Head and
reviewed by the Human Resources Department.
The granting of such
approval depends upon the following:
A. Assurance that the employee's City position is of primary
importance;
B. Consideration of the effect the outside employment may
have upon the efficiency of the requesting employee; and
C. Determination as to the compatibility of the outside
employment with City employment; and specifically the
Fire-Rescue Department.
Section 2
Application forms for outside endeavors shall be provided by
the City, and approval of such shall be for a maximum period of
twel ve (12) months, renewable January 1st of each year.
Outside
employment shall be deemed to include ownership or part ownership
of a business, as well as independent contracts by employees to
provide labor, services or materials.
Such applications shall list the specific job or service and
outside employer for all outside employment which arises on
permanent
or
reoccurring
basis;
provided,
however,
that
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Collective Bargaining Agreement
October I, 2004 through September 30, 2007
applications listing general labor services shall be acceptable for
infrequent, nonrecurring outside employment.
Section 3
No member of the Bargaining Unit may work at any previously
approved outside employment, nor at any future outside employment,
while said member is on injury leave or restricted duty for a
workers' compensation
injury, unless
additional express approval
for such outside employment is obtained by the Member from the
Department Head and the City Manager,
who shall take into
consideration the recommendation (s) from the employee's physician
and/or from the City's physician, in conjunction with the criteria
set forth in Section 1, above.
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement .
October I, 2004 through September 30, 2007
ARTICLE 35
SOLICITATION OF OR BY EMPLOYEES DURING WORKING HOURS
Section 1
Unless specifically authorized by the City Manager, all
solicitations among City employees during working hours for
commercial, charitable or union purposes and selling of tickets,
magazines and other merchandise, is prohibited.
This applies to
solicitation by City employees, as well as persons who are not
employees of the City.
Section 2
Employee
organizations,
their
members,
agents
or
representatives, or any persons acting on their behalf are hereby
prohibited from:
A. Soliciting public employees during working hours of any
employee who is involved in the solicitation.
B. Distributing literature during working hours in areas
where the actual work of public employees is performed,
such as offices, warehouses, schools, police stations,
fire stations, outdoor areas, and any similar public
installations.
This section shall not be construed to
prohibit the distribution of literature during the
employee's lunch hour or in such areas not specifically
devoted to the performance of the employee's official
duties.
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October I, 2004 through September 30, 2007
C. Soliciting for commercial, charitable, or union purposes
and selling of tickets, magazines or other merchandise
while in City uniform or attire, or while using City
vehicles or equipment; provided, however, that subject to
the express approval of the Department Head in advance,
employees shall be permitted to solicit other employees
at their job site during non-working hours for purposes
of collecting donations for charitable organizations or
causes.
D. Exerting undue influence on or harassing public employees
during working hours relative to such solicitations as
referred to in Section 1, above.
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 36
NON-APPLICABILITY OF CIVIL SERVICE ACT, CIVIL SERVICE
RULES AND REGULATIONS AND PERSONNEL POLICIES
It is understood and agreed that the civil Service Act and the
Civil Service Code of Rules and Regulations of Delray Beach and any
amendments thereto and the Personnel Policies shall have no
applicability whatsoever to the
Employees
covered by this
Agreement.
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 37-A-FR
DAMAGE TO CITY PROPERTY
Section 1
Each Employee shall exercise due caution in the care and
handling of all tools and equipment which may come into his or her
custody, or over which he or she may have a degree of control.
When in the judgment of the City a tool or piece of equipment is no
longer safe or effective, due to normal wear and tear, the
defective item shall be turned in to the City for replacement. No
defective tool or piece or equipment shall be replaced by the City
until the defective item is presented by the Employee.
All tools
and equipment issued to an Employee by the City shall be returned
to the City prior to the Employee leaving City employment in the
same condition as same was issued (normal wear and tear excepted) .
Section 2
The actual cost to repair any damaged (or to replace any lost)
personal property of an Employee, including clothing, watches and
prescription eye-glasses or contact lenses, normal wear and tear
excepted, shall be reimbursed to said Employee by the City if the
Employee proves to the City that such occurred in the line of duty.
In no event shall such reimbursement be made where it is determined
by the City that such damage or loss was the result of the
Employee's carelessness, negligence and/or intentional misconduct
or where such personal property is not a part of his or her j ob-
related equipment.
Furthermore, in all instances, the limitation
on such reimbursement from the City shall be no more than one
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Collective Bargaining Agreement
October 1,2004 through September 30, 2007
hundred dollars ($100.00) per incident or claim; and provided
further that in no case shall the reimbursement for any article of
personal property exceed the reasonable replacement cost as
determined solely by the City.
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 37-B-OR
DAMAGE TO CITY PROPERTY
Section 1
Each Employee shall exercise due caution in the care and
handling of all tools and equipment which may come into his or her
custody, or over which he or she may have a degree of control. Any
Employee
who
losses,
misuses,
or
damages
through
his/her
carelessness, negligence and/or intentional misconduct such tools
or equipment, provided by the City, shall be subject to discipline.
When in the judgment of the City a tool or piece of equipment is no
longer safe or effective, due to normal wear and tear, the
defective item shall be turned in to the City for replacement. No
defective tool or piece or equipment shall be replaced by the City
until the defective item is presented by the Employee.
All tools
and equipment issued to an Employee by the City shall be returned
to the City prior to the Employee leaving City employment in the
same condition as same was issued (normal wear and tear excepted) .
Section 2
The actual cost to repair any damaged (or to replace any lost)
personal property of an Employee, including clothing, watches and
prescription eye-glasses or contact lenses, normal wear and tear
excepted, shall be reimbursed to said Employee by the City if the
Employee proves to the City that such occurred in the line of duty.
In no event shall such reimbursement be made where it is determined
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
by the City that such damage or loss was the result of the
Employee's carelessness, negligence and/or intentional misconduct
or where such personal property is not a part of his or her j ob-
related equipment.
Furthermore, in all instances, the limitation
on such reimbursement from the City shall be no more than one
hundred dollars ($100.00) per incident or claim; and provided
further that in no case shall the reimbursement for any article of
personal property exceed the reasonable replacement cost as
determined solely by the City.
Section 3
The City shall replace one (1) pair of sunglasses per year, if
the sunglasses are damaged in the line of duty, up to a maximum
replacement cost of $60.00 per year.
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1,2004 through September 30, 2007
ARTICLE 38-A-FR
PENSION PLAN MATTERS
Section 1
The Union and the Employees agree that the City and/or the
Police and Firefighters Pension Board of Trustees may during this
Contract period adopt amendments to Chapter 33 of the Code of
Ordinances in order to add provisions specifying that the Pension
Board may utilize the services of an outside agency or business
(experienced in insurance claims review, disabilities claims, or
other related areas) to provide solely advisory opinions to the
Board of Trustees with regard to the granting or not granting of
any disability retirement requests pending or submitted during the
term of this Agreement.
Section 2
The parties acknowledge that there exists between them an
agreement regarding the Delray Beach Police and Fire retirement
system.
As a part of that agreement, the parties agreed that the
issue of disability retirement shall be addressed through the labor
management committee format.
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 38-B-OR
PENSION PLAN MATTERS
Section 1 - Ocean Rescue
A. Ocean Rescue employees shall continue to be covered by the
General Municipal Employees Pension Plan.
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Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 39-A-FR
ANNUAL PHYSICALS
Section 1
The union agrees that the City shall conduct annual physicals
including drug and alcohol screening for all employees covered by
this agreement, and that such annual physicals for employees age 40
and over shall be more comprehensive for such employees at five (5)
year intervals.
Personnel shall be scheduled for their annual
physical alphabetically by the first letter of their last name as
follows:
LAST NAME LETTER
QUARTER
A thru C
October 1 - December 31
D thru H
January 1 - March 31
I thru P
April 1 - June 30
Q thru Z
July 1 - September 30
Section 2
The Union and the City agree to the concept of a smoke-free
f ire service, as supported by the Professional Fire Fighters of
Florida. Towards that end there shall be no smoking allowed in any
area of the
fire stations or other Fire-Rescue Department
facilities and vehicles, except the apparatus room.
Section 3
The City shall provide, on an annual basis at the time of the
Employee's annual physical, a blood screening for infectious
diseases for all Employees, which shall include but not be limited
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Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
to blood screening for all Hepatitis strains, lipid profile and
profile
7
laboratory studies which includes
information on
cholesterol levels of LDL and HDL, Triglycerides, Glucose, BUN,
Creatinine, Sodium, Potassium and C02 levels, Pulmonary Function
and Audiometry Test.
Section 4
The City shall make available the following immunization for
all Employees.
Employees not wishing to receive immunizations
shall sign a waiver indicating their refusal.
A. Diphtheria Pertussis-Tetanus - every 5 years
B. Hepatitis (Type B) - every 5 years
C. Rubella (for females of child bearing age) - as needed
D. AIDS (If an F.D.A. approved vaccine becomes available
during the term of this Agreement) .
Section 5
The City recognizes how physically demanding the job of a
firefighter can be.
Recent studies and research have identified
the correlation between fitness and improved work performance,
injury prevention, stress management as well as reduction of sick
time usage as tangible benefits.
In an effort to improve and maintain the overall health and
fitness of all bargaining unit employees, the Union agrees that the
City shall conduct annual fitness assessments.
Implementation of
this policy shall not be punitive.
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
Fitness assessments will be performed once a year on
bargaining unit employees. An outside agency will be contracted to
test and confidentially maintain all employee records. Fitness
assessments will be scheduled at the employees annual physical.
The City and the Union agree to adopt a nationally recognized
and validated standards to determine firefighter fitness.
Current
firefighter fitness parameters as established by ARA/Human Factors
will provide the assessment guidelines for the contracted testing
agency.
Fitness assessments shall test employees aerobic capacity,
muscular
strength,
muscular endurance,
body composition and
flexibility.
Annual fitness assessments shall be mandatory for
all bargaining unit employees covered by this contract. Refusal to
submit
to
annual
fitness
assessments
may be
grounds
for
disciplinary action, up to and including termination.
Employees
hired after the implementation of this agreement will be required
to score a minimum of 60 points on the current fitness assessment
within one year of assessment testing or become eligible for
termination.
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 39-B-OR
ANNUAL PHYSICALS
Section 1
The union agrees that the City shall conduct annual physicals
including drug and alcohol screening for all employees covered by
this agreement, and that such annual physicals for employees age 40
and over shall be more comprehensive for such employees at five (5)
year intervals.
Personnel shall be scheduled for their annual
physical alphabetically by the first letter of their last name. The
annual physical shall be scheduled during the last quarter of the
City's fiscal year.
Section 2
The City shall provide, on an annual basis at the time of the
Employee's annual physical, a blood screening for infectious
diseases for all Employees, which shall include but not be limited
to blood screening for all Hepatitis strains, lipid profile and
profile
7
laboratory studies which includes
information on
cholesterol levels of LDL and HDL, Triglycerides, Glucose, BUN,
Creatinine, Sodium, Potassium and C02 levels, Pulmonary Function
and Audiometry Test.
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Section 3
The City shall make available the following immunization for
all Employees.
Employees not wishing to receive immunizations
shall sign a waiver indicating their refusal.
A. Diphtheria Pertussis-Tetanus - every 5 years
B. Hepatitis (Type B) - every 5 years
C. Rubella (for females of child bearing age) - as needed
D. AIDS (If an F.D.A. approved vaccine becomes available during
the term of this Agreement) .
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 40
COMPREHENSIVE DRUG AND ALCOHOL POLICY AND PROCEDURE
The City recognizes that employees covered by this agreement
are not immune from the problems which face society in general.
The problem of drug and alcohol abuse has become widespread
throughout our community and nation.
As part of our commitment to
safeguard the health of our employees,
to provide a safe
environment for our employees to work and to promote a drug free
community, we have established this policy dealing with the problem
of drug and alcohol abuse.
This policy is intended to be
corrective, rather than punitive, in application.
I. Definitions
For purposes of this policy, the following definitions apply:
A.
"Alcohol" means ethyl alcohol (ethanol.)
References to
use of alcohol include use of a beverage, mixture or
preparation containing ethyl alcohol.
B. "Alcohol Abuse" means the use or being under the
influence of alcohol or alcoholic beverages on the job by
City Employees is strictly prohibited.
C. "Drugs" are any controlled substance as defined in
Section 893.03, Florida Statutes, not pursuant to a
lawful prescription.
D. "Drug abuse" is the use of any controlled substance which
includes the commission of any act prohibited by Chapter
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
893, Florida Statutes, or not possessed or taken in
accordance with a lawful prescription, provided, however,
drug abuse shall also include the misuse of prescription
and over the counter medication/drugs which have an
adverse affect on employee performance.
E. "Initial Drug Test" means a sensitive, rapid and reliable
procedure to identify negative and presumptive positive
specimen, usually during a chemical procedure or a more
accurate scientifically accepted method approved by The
United States Food and Drug Administration or The Agency
for Health Care Administration.
F. "Collection Site" means a place where employees present
themselves for the purpose of providing a specimen to
be analyzed for the presence of drugs.
The collection
site will be a separate and independent entity from the
laboratory and/or the medical review offices.
G. "Confirmation Drug Test" means a second analytical
procedure run on a sample that was positive on the
initial screening test. The second analytical procedure
must be used to identify the presence of a specific drug
or metabolite in a specimen.
The confirmation method
must be capable of providing requisite specificity and
quantitative accuracy.
The confirmation test for
alcohol will be gas chromatography and the confirmation
119
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
test for all the drugs will be gas chromatography/mass
spectrometry.
H. "Medical Review Officer" or MRO means a licensed
physician, contracted by the City, who is responsible
for receiving and reviewing all confirmation results
from a laboratory.
The MRO is responsible for
contacting all positively tested employees to inquire
about
possible
prescriptive
or
over-the-counter
medication, which could have caused a positive test
result.
The MRO must have knowledge of substance abuse
disorders, and have the appropriate medical training to
interpret and evaluate a positive test result with
prescriptive or
other
relevant medical information.
The choice of a qualified MRO shall be determined by
the City, providing that no conflict of interest exists
with current medical/physical practices.
The MRO
selected
by the City shall be a separate and
independent entity from the authorized collection site
and/or the laboratory. The City shall give thirty days
notice for change of MRO selection except in cases of
emergency as determined by the City Manager.
The MRO
shall maintain the qualifications as established in
Chapter
59A-24.008
(I)
(a)
(e) ,
Florida
Administrative Code and insure testing and analysis
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
compliance
in accordance with Chapter
59A-24.006,
Florida Administrative Code (R.1996.)
I. "Laboratory" means a facility licensed by the Agency for
Health Care Administration in accordance with
Chapter
59A-24, Florida Administrative Code (R. 1996) and shall
be selected by the City.
The laboratory will be a
separate and independent
entity from the authorized
collection site and/or the MRO.
The City shall give
thirty days notice of a change of laboratory selection
except in cases of emergency as determined by the City
Manager.
J. "Prescription Medication" means a drug or medication
obtained pursuant to a prescription as defined by Section
893.02 (19).
K. "MRO Contact" The City Human Resources Director shall be
designated
as
the
contact
person
for
receiving
communication from the MRO reporting positive and/or
negative test results.
The Human Resources Director
shall comply with employee protection and confidentiality
provisions as established
in this article, and to the
extent provided by law.
L.
"Reasonable
Suspicion Drug Testing" means drug testing
based on a belief that an employee is using drugs or
alcohol in violation of the City policy determined from
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1,2004 through September 30, 2007
specific and articulable facts and reasonable inferences
drawn from those facts.
It is an opinion which a reasonable person would form
based upon observation and/or testimony from credible
sources. Observation includes but is not limited to,
sensory facts (what a person saw, heard, smelled, tested
or touched). Reasonable suspicion must be based upon the
observation of two corroborating witnesses whenever
reasonably possible and reported in writing to the Fire
Chief or his/her designee.
A copy of this documentation
shall be given to the employee prior to testing. The
written document shall include the circumstances which
formed the basis of the determination that reasonable
suspicion existed to warrant testing.
M.
"Prohibited
Actions"
The use or being under the
influence of, or possession of illegal drugs or alcohol,
on the job by City Employees is strictly prohibited. Any
employee who is using, under the influence of, or in
possession
of drugs or alcohol, as defined with this
policy, while on duty is subject to disciplinary action
up to and including termination.
Employees are also
subject to discipline or discharge when they are abusing
drugs or alcohol and the abuse occurs off duty and the
City Manager or designee determines that the abuse may
adversely affect his/her job performance or represents a
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
threat to the safety of the employer, his/her coworkers,
or the public, or the off duty conduct is unbecoming to
public employment.
II. Testing
A. Authority to test
The City has the authority to require
employees to submit to testing for the presence of alcohol or
drugs as defined in this policy.
B. Types of Tests
The City may conduct the following types of
tests to maintain a drug free workplace program.
1. Annual Physical - Alcohol and drug testing are components of
the annual scheduled medical physical.
2. Reasonable Suspicion - The
City may require an employee to
submit to reasonable suspicion drug testing. The definition of
"Reasonable Suspicion Drug
Testing" as
established in this
Article will be the basis for determining whether reasonable
suspicion exists to test an employee.
3. Post Accident Testing
If an employee is involved in an
accident in which the employee was driving, and anyone of the
following occurs:
An individual dies, and individual suffers a bodily injury and
immediately receives medical
treatment
away from the
accident scene, one or more vehicles incurs disabling damage
as a result of the occurrence and is transported
away from
the scene by tow truck or other vehicle.
Disabling damage
does not include damages that could be remedied temporarily at
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
the scene of occurrence without special tools or parts; tire
disablement
without further damage if no spare tire is
available; or damage to headlights, taillights, turn signals,
horns, or windshield wipers.
4. Follow Up Testing - An employee who is returned to work upon
successful completion of a rehabilitation program shall be
placed on evaluation status for one (1) year following
his/her return to City employment.
During the one year
evaluation period, the City may require the employee to take
up to a maximum of four unannounced blood or urine tests for
the presence of drugs or alcohol.
If at any time during the
evaluation period the employees blood or urine is found to
contain the presence of alcohol or drugs, the employee shall
be subject to disciplinary action, up to and including
dismissal.
C. Refusal to Test - An employee that refuses to submit to alcohol
and drug testing as established in this Article may be subject to
disciplinary action up to and including termination.
III.
COLLECTION SITE, COLLECTION PROCEDURES AND LABORATORIES
PROCEDURES
1. Collection Site and Specimen Collection Procedures including
the Designation of Collection Sites, Chain of Custody Form and
Procedures, Security Procedures and Specimen Collection (access
to authorized personnel only, privacy, and integrity and identity
of specimen) shall be in accordance with Chapter 59A-24.005,
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City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Florida Administrative Code
(R.1996).
The attached Chain of
Custody Form will be used for each employee tested.
(A CHAIN OF
CUSTODY FORM NEEDS TO BE PROVIDED.)
2. Collection Site Personnel
a specimen for drug test may be
taken or collected pursuant to Section 59.A-24.006, Florida
Administrative Code.
3. Prior to any collection of specimen, the Employer shall provide a
form for the employee to provide any information he or she
considers relevant to the drug test, including identification of
currently or recently used prescription or non-prescription
medication or other relevant medical information.
Such form
shall provide notice of the most common medication by brand name
or common name as applicable, as well as chemical name, which
may alter or affect a drug test. The information provided shall
be reviewed by the medical review office (MRO) in interpreting
any positive confirmed results. The attached Medical Information
Form will be used for each employee tested.
(THE MEDICAL
INFORMATION FORM NEEDS TO BE PROVIDED.)
4. Drug Testing Laboratories shall be licensed by the Agency for
Health Care Administration in accordance with Chapter 59A-24.006,
Florida Administrative Code (R.1996) in order to collect or
analyze specimens for the City's drug testing policy and shall
comply with the provisions of Chapter 483, Part I, Florida
Statutes.
The City shall provide employees with the name,
address and telephone number
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October 1, 2004 through September 30, 2007
of the laboratory contracted by the City to perform drug testing.
Drug
Testing
Laboratories
policy and procedure
including
laboratory
personnel,
training
of
laboratory
personnel,
laboratory personnel files, and specimen security and analysis
procedures shall be in accordance with Chapter 59A-24.006,
Florida Administrative Code (R.1996).
5. Laboratory Assistance
The approved laboratory shall provide
technical assistance to the MRO employee for the purpose of
interpreting any positive confirmed test results.
6. Initial Test
The initial screen for all drugs shall be in
immunoassay except that the initial test for alcohol shall be an
enzyme oxidation methodology.
7. Confirmation Test
All specimens identified as presumptively
positive on the initial test shall be confirmed using gas
chromatography/mass spectrometry (GC/MSO), except alcohol will be
confirmed using gas chromatography. The City shall comply with
confirmation drug testing parameters as established in chapter
59A-24.006(4) (f); Florida Administrative
Code (R.1996) as may
be amended from time to time. The City shall comply with initial
drug testing parameters as in Chapter 59A-24.006 (4) (e) i,
Florida Administrative Code (R 1996), as may be amended from time
to time.
126
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
IV. RELEASE OF RESULTS
1. The laboratory shall report test results to the MRO within
reasonable time after receipt of the specimen by the laboratory.
2. The laboratory shall report as negative to the MRO all specimens,
which are negative on the initial test or are negative on the
confirmation test.
The
laboratory will
not administers
confirmation test if the initial test is negative.
Only
specimens, which are confirmed as positive on the confirmation
test, shall be reported to a MRO only for the specific drug
involved
3. The MRO, the City's MRO contact, an/or the tested employee may
request from the laboratory, and the laboratory shall provide, a
detailed quantification of the initial and confirmation test
results. The records are, to the extent permitted by law, to be
considered medical records subject to Federal Law and the laws of
the State of Florida.
4. The laboratory shall transmit results to the MRO in a manner
designed to insure confidentiality of the information. The
laboratory and MRO must insure the security of the data
transmission,
storage,
and retrieval system to only those
authorized under Chapter 59A-24, Florida Administrative Code, to
obtain such information.
5. The MRO will also verify that positive and negative test results
were properly analyzed and handled.
The MRO will have knowledge
of substance abuse disorders and shall also be knowledgeable in
127
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
the medical use of prescription drugs and in the pharmacology
and toxicology of illicit drugs. The MRO shall evaluate the drug
test results by checking the chain of custody form that the
specimen was collected, transported and analyzed under proper
procedures as set forth in this policy.
6. The MRO will initially notify the employee of a confirmed
positive test result within a reasonable period of time of the
test result from the laboratory and determine if any alternate
medical explanations caused a positive test result.
7. If the alternate medical explanation for a positive test result
is accepted by the MRO, the test result will be reported to the
designated representative as negative.
8. The MRO will communicate and provide a copy of the test results
of an employee to the City's MRO contact and to the employee.
The test results shall be communicated only after the MRO has
verified that the positive and/or negative test results were
properly handled and analyzed.
In the case of a positive test
result, the MRO
shall provide opportunity for the employee to
discuss the positive test results and to submit documentation of
any information relevant to the positive test results.
v. CHALLENGES TO TEST RESULTS
1. After receipt by the City of a positive confirmed test result
from the MRO, the City must notify the employee in writing of its
final decision, which is subject to Article 4, Grievance
Procedure of the agreement.
128
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
2. An employee/Union may challenge violations of the Drug Testing
Policy through the grievance procedures contained within this
agreement and the grievance process shall begin as soon as the
City notifies the employee in writing of the City'S' final
decision regarding the tested employee.
3. When an employee challenges the results of testing, it shall be
the employees responsibility to notify the laboratory in writing
of such challenge.
Upon such notification the laboratory shall
be required to retain the sample indefinitely until the challenge
is settled.
Further, the laboratory shall retain all positive
confirmed specimens for at least one (1) year from the date of
initial testing.
4. Nothing in this drug testing policy shall be construed to
eliminate or diminish any right provided to the employee, the
Union and/or the City by the collective bargaining process and
the resulting collective bargaining agreement thereof.
VI. EMPLOYEE PROTECTION AND REHABILITATION
1. All employees may, upon request, have a Union representative
present during the testing procedure, provided the test will
not be delayed more than thirty minutes while waiting for such
representation.
2. The City may place employees who are tested for fitness for
duty, reasonable
suspicion, post accident drug testing, or
whose drug test results are confirmed positive
as
part of
their annual physical examination in a non-safety sensitive
129
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
position, or on administrative leave with pay until a final
decision is made on the tested employee by the City.
3. If the employee fails to enter or complete a rehabilitation
program, the employee may be subject to discipline up to and
including termination.
4. Probationary employees whose blood or urine is found to
contain the presence of illegal drugs, or who have been found
to have used or been under the influence of drugs or alcohol
while on duty, shall be dismissed.
5. Any non-probationary employee who has tested positive through
the confirmation testing process may be placed on a leave of
absence without pay for a period of up to sixty (60) days.
The employee may use accumulated leave during the leave of
absence.
The leave of absence is to give the employee an
opportunity to rehabilitate himself or herself from abusing
alcohol and/or drug abuse.
The City may assist the employee
in locating an appropriate program of rehabilitation.
Upon
the successful completion of the rehabilitation program as
certified by the program administrator designated by the City,
the employee shall be subject to the requirements below. The
employee shall be returned to City employment in the same or
similar position (same schedule as to shift or non-shift) to
the one which the employee occupied before his or her leave of
absence at the same rate of pay as if the employee did not
take such leave of absence. Prior to resuming employment with
130
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
the City, the employee shall be subject to a blood or urine
test for the presence of alcohol and/or drugs.
6. After receipt by the City of a positive confirmed test result
from the MRO, the employee may request a retest of the
original specimen at another laboratory mutually selected by
the City and the employee.
Provided however, an employee's
request for a retest shall be processed only if the request is
in writing and is received by the City no later than ten (10)
days after the employee's receipt of the City's final
decision.
The requesting employee shall be required to pay
for the costs of the retest, including handling and shipping
expenses.
Upon notice from the City that the employee has
timely requested a retest, the MRO shall contact the original
testing laboratory to initiate the retest.
The laboratory
performing the retest shall comply with the drug testing
parameters set forth in Section III above, and shall report
the test results to the MRO within a reasonable time after
receipt of the specimen from the original laboratory.
If the
retest results are negative, the City will accept the results
and will reimburse the employee for the costs of the retest,
including handling and shipping expense.
7. All documents and records with regard to the drug testing of
an employee will be expunged from an employee's file if the
employee is cleared through an administrative or legal
131
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
challenge, and/or reasonable suspicion drug testing or split
sample testing, if the employee's test results are negative.
8. The City will not discharge, discipline, or discriminate
against an employee upon the employee voluntarily seeking
treatments which under the employment of the City, for an
alcohol/drug related problem.
VII. EDUCATION
1. The City must inform employees about any employee assistance
programs that the City may have available. The City shall have
a contact person who
will be responsible for providing the
names,
addresses and telephone
number of an employee
assistance program available to employees.
2. The City must provide information for its employees to assist
them in identifying personal and emotional problems which may
result in the misuse of alcohol or drugs.
3. The City must provide training to all supervisors which will
enhance their knowledge and skills
in interpreting and
administering the provisions of this Article.
IX.
CONFLICT WITH
OTHER LAWS AND/OR COLLECTIVE BARGAINING
AGREEMENT
The parties agree that all specific references in this policy to
Chapter 59A-24, Florida Administrative Code (R .1996), as
may be
amended from time to time, have been collectively bargained and
contractually agreed to by both parties to the extent that the
132
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30,2007
above Administrative Code is applicable and not in conflict with
other provisions of this policy or Federal or State Law.
133
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
ARTICLE 41
MATERNITY LEAVE
The City agrees that employees who become pregnant may utilize
vacation, sick leave, or leaves with or without pay.
Maternity
leave personnel shall be eligible for hours of work as specified in
Article 10.
134
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1,2004 through September 30, 2007
ARTICLE 42
WORKERS' COMPENSATION
The
City
agrees
for
Employees
who
sustain
workers'
compensation qualified injuries that the City will pay to such
Employees amounts necessary to bring such Employees to current full
salary for ninety (90) calendar days, and thereafter shall pay
salary/benefits
to
such
Employees
in
accordance
with
the
requirements of the Florida Statutes.
The ninety (90) calendar day status shall only commence, as
needed, and at such time, as when an employee initiates a need for
this supplemental payment due to continuing absence from duty as
caused by such injury.
Once the ninety (90) day period commences it shall be
available only from that day forward for ninety (90) consecutive
calendar days.
135
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 43-A-FR
CERTIFICATION INCENTIVE PAY
Section 1
Employees who are certified by the State of Florida as
Municipal Fire Safety Inspectors shall receive certification
incentive pay in the amount of $900 per year ($75 gross) for each
complete month that the employee maintains state certification as a
Municipal Fire Safety Inspector.
Effecti ve October
1,
2006,
certification incentive pay
increases to $1,080 per year ($90 gross) for each complete month
that the employee maintains state certification as a Municipal Fire
Safety Inspector.
Section 2
Employees
who are
certified as
a Hazardous Materials
Technician in accordance with N.F.P.A. Standard No. 471, and No.
472, OSHA 29 CFR-120 and 40 CFR-311, and who maintain certification
in accordance with this section,
shall receive certification
incentive pay in the amount of $900 per year ($75 gross) for each
complete month that the employee maintains certification as a
Hazardous Materials Technician in accordance with this section).
Certified Hazardous Materials Technicians must be recertified in
accordance with Fire-Rescue Department policy.
Effective October
1,
2006,
certification
incentive pay
increases to $1,080 per year ($90 gross) for each complete month
that the employee maintains state certification as a Hazardous
Materials Technician.
136
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
Section 3
Employees who are certified by Delray Beach Fire-Rescue
Department S.C.B.A. manufacturer(s) in the repair, overhaul and
maintenance of S.C.B.A. equipment shall receive certification
incentive pay in the amount of $900 per year ($75 gross) for each
complete month that the employee maintains certification in
accordance with this section.
Certified S.C.B.A. technicians must
be recertified in accordance with Fire-Rescue Department policy at
least every two years.
There will be a maximum of twelve (12)
employees eligible for this certification incentive pay.
Effecti ve October
1,
2006,
certification incentive pay
increases to $1,080 per year ($90 gross) for each complete month
that the employee maintains state certification as a Certified
S.C.B.A.
Section 4
Employees who are certified to the standard of Dive Rescue 1,
as defined by Dive Rescue International, Inc., and as adopted by
the Delray Beach Fire-Rescue Department, shall be eligible to
receive certification incentive pay in the amount of $900 per year
($75 gross) for each complete month that the employee maintains
certification in accordance with this section.
Effective October
1,
2006,
certification
incentive pay
increases to $1,080 per year ($90 gross) for each complete month
that the employee maintains state certification as a Dive Rescue I.
1. There will be a maximum of forty-five (45) employees
eligible for certification incentive pay.
137
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
2. To receive the certification incentive pay, employees
must have met the training requirements of the Delray
Beach Fire-Rescue Department.
3. Employees will be required to recertify every three (3)
years.
Section 5
Employees who are certified by the Fire-Rescue Department as
compliant
with
"NFPA
1006-Rescue
Technician
Professional
Qualifications" in both Rope Rescue and Confined Space Rescue
practices; and are certified by the Fire-Rescue Department as
meeting standards set forth in "NFPA 1670-0perations and Training
for Technical Search and Rescue Incidents" at the Operations Level
for both Rope Rescue and Confined Space Rescue shall be eligible to
receive "Specialty Rescue" certification incentive pay, subject to
the following terms and conditions:
1. There will be a maximum of eighteen (18) employees, six
(6)
per
shift,
eligible
for
Specialty
Rescue
certification incentive pay.
The Fire Chief may
increase the number of personnel eligible to receive
Specialty Rescue certification pay if warranted due to
operational requirement and safety considerations.
2. The Fire-Rescue Department shall consider seniority,
skill
proficiency,
training
participation,
safety
compliance, and shift staffing, when selecting those
138
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
employees
eligible
to
receive
Specialty
Rescue
certification incentive pay.
3. In order to remain eligible for Specialty Rescue
certification incentive pay, employees must meet the
annual
training requirements
and demonstrate
the
requisite knowledge and skill proficiency established
in NFPA 1006 and NFPA 1670, and shall be evaluated as
satisfactory for knowledge and skill proficiency by
Delray Beach Fire-Rescue.
4. The eligible employees selected by the Department
pursuant to this section shall receive Specialty Rescue
certification pay in the amount of $900 per year ($75
gross), pro-rated for each complete month that the
employee maintains skill proficiency in accordance with
this section. Certification pay for this certification
will increase to $1,080 per year effective October 1,
2006.
5. An eligible employee selected to receive Specialty
Rescue certification pay shall receive this incentive
compensation
even
if
it
exceeds
the
maximum
certification compensation otherwise established for an
employee.
139
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
Section 6
Employees who are certified by the State of Florida as a Fire
Investigator II shall receive certification incentive pay in the
amount of $900 per year ($75 gross) for each complete month that
the employee maintains state certification as a Fire Investigator
II. A certified Fire Investigator II must be recertified in
accordance with Fire-Rescue Department policy. Certification pay
for this certification will increase to $1,080 per year effective
October 1, 2006.
Section 7
Employees shall be limited to a maximum of $2,700 per year in
total certification incentive pay of three certifications per year.
This maximum increases to $3,240 per year effective October 1,
2006.
140
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
ARTICLE 43-B-OR
CERTIFICATION INCENTIVE PAY
Section 1
Ocean
Rescue
employees'
Emergency
Medical
Technician
Certification pay shall increase from $.50 per hour to $.75 per
hour, effective the first full payroll period after October 1,
2005.
Section 2
Ocean Rescue Supervisors shall receive $.15 per hour for CPR
Instructor Certification, effective the first full payroll period
after October 1, 2006. This certification pay shall be limited to a
maximum of four (4) Ocean Rescue Supervisors.
141
'-
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
ARTICLE 44
COMPENSATORY TIME AND TUITION REIMBURSEMENT PROGRAM
Employees may engage in education and/or training by participation
in one of the following categories:
A. Participation in the City's Employee Development and Training
program currently in effect for City employees (Administrative
Policies and Procedures Manual, GA-39), dated 2/12/99 with the
exception of Section C. Supervisors Training Program.
B. Employees may participate in other forms of education/training
specifically
authorized
and
approved
by
the
Fire-Rescue
Department.
When such training is approved by the department,
off-duty personnel shall receive compensatory time not to exceed
96 hours.
Such compensatory time may be used upon the approval
of the employee's Battalion or Division Chief for Fire Department
personnel and Department Head or designee for Ocean Rescue
personnel, provided that no scheduled overtime may result.
C. The current practice of Paramedic training shall be continued for
the life of this agreement.
142
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
ARTICLE 45
LABOR-MANAGEMENT COMMITTEE
Section 1
There shall be a Labor-Management Committee composed of:
1. Four (4) members representing the bargaining unit as
designated by the Union, and
2. Four (4) members representing management, as designated
by the City Manager.
Section 2
The Committee shall meet to discuss general employment and
employer-employee relations matters.
Section 3
Either party, upon five (5) days advance notice, may request
in writing that a meeting be scheduled.
The request and an agenda
specifying the questions or issues to be discussed shall be
forwarded to the representatives of the other party and the City
Manager or his designee.
The time, date, location and maximum
length of the meeting shall be determined by mutual agreement of
the parties. All members of the committee shall be notified by the
City Manager or his designee of the time, date, location and the
length of the meeting.
143
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
Section 4
The City will endeavor to schedule committee meetings so as
not to unduly interfere with the regularly scheduled shift of any
bargaining unit member designated to attend.
Each party shall
maintain and submit to the other party a current list of committee
members.
The City Manager or his designee shall be notified of
changes in this list prior to any meeting of the committee.
144
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 46
DISABILITY INSURANCE
The bargaining unit employee shall be eligible to receive long
term disability benefits pursuant to the City's current plan and
policies; currently provided to all other City employees.
145
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
ARTICLE 47
SICK AND VACATION PAY-OUT ACCRUALS
The City shall make changes to the sick and vacation pay accruals
policy by providing the following three (3) options:
A. Provide a lump sum pay-out at termination (retirement) of
accrued balance not to exceed 1408 hours (1120 sick leave, 288
vacation) as currently exists for non-shift personnel; and
1776 hours (1334 sick leave, 432 vacation leave) for shift
personnel.
B. Enable employees who properly notify the City with the intent
to retire, at least three years prior to Retirement date, the
ability to have above noted accruals paid in payments of not
more than one-third per year of total amount authorized at
date of designation of retirement. The employee will have two
options of payment:
1. The one-third payments, not to exceed one-third of
accrued balance or 1408 hours (1120 sick leave, 288
vacation), whichever is greater, be made in cash
each year for non-shift personnel; and 1776 hours
(1344 sick leave, 432 vacation leave) for shift
personnel.
2. The one-third payments, not to exceed one-third of
accrued balance or 1408 hours (1120 sick leave, 288
vacation), whichever is greater, be deposited into
an established 401H or a Vantage Care Retirement
Savings Plan for non-shift personnel; and 1776 hours
146
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
(1344 sick leave, 432 vacation leave) for shift
personnel.
C. Providing all necessary IRS and local requirements can be
satisfied, establish a 401H or Vantage Care Retirement Health
Savings Plan pay-out
(subject to IRS and other legal
requirements)
which allows
an
employee
to
roll
their
authorized accrual amounts not to exceed one-third of accrued
balance or 1408 hours (1120 sick, 288 vacation), whichever is
greater at the time of retirement into such plan for payment
of future medical expenses.
The parties understand the
effective date of this option shall be when all necessary IRS
and other legal requirements are satisfied. The election must
be made no later than December 31 at of the year prior to the
actual year of retirement.
147
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
ARTICLE 48-A-FR
RETIREE INSURANCE
Section 1
Local 1842 shall establish the Delray Beach Fire Fighter's
Retiree Insurance Fund ("Retiree Insurance Fund") to provide full
or partial payments for health insurance premiums and other
benefits on behalf of former bargaining unit employees of the City
who separate from employment on or after October 1, 2001. All
eligibility requirements and benefits provided will be determined
solely by the Board of Trustees of the Retiree Insurance Fund.
Section 2
On or before December 31, 2001, and on or before every
December 31 thereafter, the City shall make a contribution to the
Retiree Insurance Fund in an amount equal to 3.3% 1 of the annual
base pay of all fire fighters who are employed during the bi-weekly
payroll period which includes the prior October 1.
For the initial
payment to be made on or before December 31, 2001, the annual base
pay shall include pay adjustments to be made on November 3, 2001.
11 The parties agreed that the amount of the contribution would be 3.3% of annual base pay following the Union's
agreement to accept pay increases that are lower than it had initially negotiated for the term of this agreement.
Initially, the City had proposed to increase employees pay by 4.2 % during the first year of this agreement. The
Union asked the City to agree to establish this Retiree Insurance Fund and agree to make contributions to the Retiree
Insurance Fund. The Union agreed to change the expected pay increases to 2.2% and then have the City contribute
the remaining 2% to the Retiree Insurance Fund instead of using it for pay raises. The City agreed to contribute the
2% along with associated payroll taxes and other costs (such as FICA, Medicare, pension costs)that the City's cost
associated with the 2% pay increase would be 0.3%. Therefore, the parties agreed that the contribution to be made
to the Retiree Insurance Fund in lieu of the pay increases would be 2.3% of annual base pay. The City further
agreed to contribute an additional 1 % of base annual salary to the Retiree Insurance Fund. Thus, the total City
amount contributed to fund the Retiree Insurance Fund is 3.3% on annual base pay, as set out in this article.
148
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
The City shall make the annual contribution on behalf of each fire
fighter in pay status on October 1.
Along with the contributions,
the City shall provide a list of bargaining unit members for whom
payment has been made and the basis for the amount of payment made.
149
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October I, 2004 through September 30, 2007
ARTICLE 49
DURATION
This Agreement shall be effective from October 1, 2004 through
September 30, 2007.
Negotiations for a successor Agreement shall
commence upon written notice by either party issued between April
1, and May 1, 2007. Enumeration of the items to be negotiated for a
successor agreement shall be submitted no later than the second
bargaining session and only those items shall be negotiated, except
by mutual agreement.
150
City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF
Collective Bargaining Agreement
October 1, 2004 through September 30, 2007
EXECUTION OF AGREEMENT
Dated this
day of November, 2005.
ATTEST:
Chevelle D. Nubin, City Clerk
David T. Harden, City Manager
Approved as to form:
Susan Ruby, City Attorney
Dated this
day of November, 2005.
ATTEST:
Joseph J. Liguori
Vice President of the Union
Michael McCleary
President of the Union
151
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER Oy1
AGENDA ITEM # q ~ - REGULAR MEETING OF NOVEMBER 15. 200S
EMERGENCY ADVISORY RADIO SYSTEM
TO:
SUBJECT:
DATE:
NOVEMBER 11, 2005
This is before Commission to consider authorizing staff to proceed with the purchase and installation
of an Emergency Advisory Radio System to warn and instruct residents during emergency situations.
Staff has researched the ISS Alert AM Emergency Advisory Radio System and recommends the
purchase of a system. Flashing ALERT Signs may also be purchased for an additional cost. Please
fInd additional information in the attached backup which includes information on cities/counties
currently using the ISS Emergency Advisory Radio Station.
Recommend consideration of authorizing staff to proceed with the purchase and installation of an
Emergency Advisory Radio System to warn and instruct residents during emergency situations.
S:\City Clerk\CM Memos\CM Alert AM Emcrg 111.505
[ITY OF DElRR" R~arN...
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FIRE.RESCUE DEPARTME1~T
,; ;h[;~M . HIGHLAND BEACH
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1993 ME MORAND UM
2001
TO: Kerry B. Koen, Fire Chief
FROM:
John Tomaszewski, Assistant Chief L!vf\
DATE: November 2,2005
SUBJECT: Alert AM
Here is the information on the AM Emergency Advisory Radio System, including a list of the
communities in Florida that have them and some specific information about Boynton Beach's
installation. We probably want to consider the options that I highlighted in the last section of
this material that we could purchase along with the base package at a total cost less than
$21,000.00.
Ifwe want to include the Flashing ALERT Sign Option the cost would increase based on the
number of signs desired. This option would also require the use of a VHF or UHF radio
frequency to activate the signs but I'm not sure we have that capability available in the
Communications Center.
When I last spoke to Chief Ness in Boynton Beach about their system, he said that we would
definitely want it installed rather than trying to do it in-house.
FiRE-RESCUF [)f--=P^~~TI\'~E-(',il ~f-:~'DC'
':\i::--'::;;:.\TI ,V,;TiC: AVE~~UF. DFLRAY BEACH. FLORIDA 33444
~ ,:;\ ':
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ALERT AM-
I__MeV ADWSQRV RADIO SYSTEM
iss
Public-safety agencies across America now
operate their own ISS Emergency Advisory Radio
Stations specifically to tell citizens what to do
during Amber alerts, flash floods, industrial
accidents, terror threats, earthquakes, hurricanes,
tornados and other types of emergencies.
Through Emergency Advisory Radio, listeners
receive up-to-the-minute reports, alerts and
instructions with the level of timeliness and detail
that makes these types of broadcasts invaluable,
especially when disaster strikes. During non-
emergency times, the stations inform motorists
of street repairs, public notices, upcoming events,
city history and even points of touring interest.
With the ALERT AM System, emergency managers
immediately trigger prerecorded broadcasts for
anticipated scenarios via telephone, pushbutton,
siren system or other external control. In
unanticipated scenarios, they record new
messages locally or via phone and broadcast live
cut-ins for late-breaking, critical updates,
Your
Station
Your
Information
Your
Community
The ISS ALERT AM Emergency Advisory Radio
System featu res ...
. Exclusive Specific Area Message Encoding
that not only recognizes all 53 National Oceanic
and Atmospheric Administration event codes but
has the unique ability to automatically
rebroadcast only those targeted by you for your
cou nty(s).
. RealTIME Audio Synchronization that
allows you to expand your signal coverage area
by adding transmitter locations. Additional
transmitters may be installed at the outset or in
future years.
. A patented, all-In-one, aesthetically
pleasing, vertical profile antenna system
option that requires minimal ground disturbance
near public buildings, when you cannot install
an antenna on the roof. There's minimal
installation cost and low vandalism opportunity.
The ALERT AM Package
Each ALERT AM Emergency Advisory Radio Station
comes as a complete package from Information
Station Specialists, including all the components,
hardware and services you need to stay on the
air 24 hours a day 365 days a year.
The effective range for a single-transmitter
station is a three-to-five-mile radius (or 25-75
square miles). Adding RealTIME synchronized
transmitters expands fixed-station coverage
exponentially. Export ALERT AM audio program
to stream to your website or to override CATV
audio. Or produce your program audio from a
cable TV studio; override only in emergencies.
The Federal Communications Commission
licenses Emergency Advisory Radio Stations for
non-commercial, voice-only braodcasting on AM
radio bands (530 to 1700 kHz) within a g.3-mile
protection zone inside which no other community
can operate on your frequency. The licenses are
ten-year, renewable. 155 will help you find
available frequencies and process the necessary
FCC paperwork required for licensing.
(RESPONDERl Mobile Emergency Broadcast
Systems, also available from 155, broadcast directly
from troubles pots in a 3-to-5-mile radius.)
Base ALERT AM Radio Station
The ALERT AM Emergency Advisory Radio System
features a robust base model with an array of
options (see right) designed to meet the needs
of cities, counties, airports, schools, industry
and the military,
Each base Emergency Advisory Radio Station
comes complete, with illustrated instructions
and ready to install. Included in the equipment
package are an antenna/groundplane system, all
the electronics, an indoor cabinet (see upper
right), cables, diagnostic metering and test
equipment needed to set up and maintain your
station.
Via telephone and email, 155 assists with upfront
planning and technical supportforthe life of the
product at no extra charge. 155' network of
representatives across the country pay site visits
and quote turnkey or support services if needed.
Digit.. AU
Mes:i.1J;r.! T riY1~i"eT
Progri7T1mer
EAS1'/lJ.Ba!It!e1
RrL<:E.<I...@
P!:~r
M:nil5g:.'lmen14
--------
loo'abl~
Operi!lional
!3oo1l0 ';,
B.x~:up
Etx:I<r;l,.. e-
B.3t1erieo:;"
-oplj(ll"B1 '^~ f14.oa:.' BaJK:l('; e.~~ 1...) '3~'Sr8lT"1
A Unique, "Grow-able" System
Create or grow exactly the system you need:
. An optional 4-day battery backup keeps
ALERT AM on the air during AC power outages; a
A power loss notification module alerts
operators, if transmitter power drops.
. Field-upgradeable NOAA/EAS SAME receiver.
. Add RealTIME synchronized transmitters to
extend coverage,
. Strategically locate Flashing ALERT Signs to
encourage listeners to tune in.
. A vertical profile antenna system (all-in-one
grounding, pole and antenna) requires minimal
ground disturbance in high visibility areas.
. Weatherproof outdoor cabinets may be used to
locate electronics away from buildings.
. Expandable recording time.
America on ALERT
Who uses 155 Emergency Advisory Radio Stations?
Hundreds of public-safety agencies, HazMat industries,
military bases, airports and universities count on ALERT AM
24 hours a day, 7 days a week to keep citizens and visitors
informed.
Below are examples across time. Ask 155 for references,
Newark police
pioneer ALERT AM,
{55 emergency stations appear coast to coast.
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, "
, ,. ~
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f\ L"~M"" I"
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l..:J I 1 -"J ~ ...,C--..
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,. -
Newark, California
1610 AM - WNMQ814 -Installed in 1987
Mere months before the 1988 earthquake, the City of Newark in California's Bay Area
discovered ALERT AM technology. Just in time, it seems, for in the hours after the tremor,
the station emerged as the City's lone means of communication to the public Stranded
citizens across the Bay used the service to determine if it was safe to return home, Newark
was the first of many California cities to make low power AM available for residents and
visitors. The pioneering service celebrates 15 years on the air in 20021
Naperville flood leaves motorists and
homeowners isolated except for radio.
Naperville, Illinois
1610 AM - WPFP929 -Installed in 1993
Emergency manager Bill Reynolds of Illinois' largest suburb knew that
if the Dupage River grew too fast there would be deep trouble, , . . He
was right. A year after installing the third alert station in 1995, J 0,000
residents had to be evacuated, ALERT AMwas 'still there" during the
height of the disaster. Soon after, Naperville became the Nation's first
city to set up a network of synchronized stations to boost reception in
fringe areas, leading the way for other midwestern communities to
position ALERT AM stations in flood-prone areas and up and down
tornado alley,
Synchronjzed stations
cover Pinellas County,
r-------.-.-------
I
i
I
Pinellas County, Florida
940 AM - WPTI814 -Installed in 2001
The Florida county that includes Clearwater and Saint Petersburg stands ready to
evacuate, when the hurricane that is bound to come inevitably does arrive. Pinellas
County emergency manager David Casto knows just how he will employ ALERT AMto
direct residents safely across the bridges to Tampa and inland, when that time comes,
Declares Casto, "We decided synchronizing a network of transmitters was the best, most
cost-effective way to go," Pinellas County boasts the Nation's largest system of synchronized
"RealTIME Audio" ALERT AM stations,
Grosse lie, Michigan Chemica/spills
1 700 AM - WPUAS90 - Installed in 2002 threaten Crosse fie.
The lovely island that looks across the river at Detroit is downwind from some of our nation's
biggest industry, On July 14, 200 J, a leaking chemical car at nearby Atofina Chemical burst
into flames, killing three workers and spreading a cloud of poisonous methyl mercaptan gas
across the island, A full island evacuation was ordered, Later, it was determined that the
island took too long to evacuate, due, in part, to residents' lack of timely information about
which bridges were open and where to go, ALERT AM was brought in, tied to a siren
system for quick notification, Grosse lie stands ready for the "next time,"
--.
+
Budget
Complete Package
The base ALERT AM Emergency Advisory Radio System includes the
transmitter; antenna/groundplane system; digital message
programmer with 7 minutes of recording time and a 250-broadcast-
message, 20-playlist capability; local and telephone control interfaces;
a programmable NOAA EA5/NW5 receiver; external triggering via
pushbutton, siren or other alarm; indoor dual-door rack cabinet;
mounts, connectors, cables and wiring; power supplies and lightning
arrestors. Diagnostic metering and test equipment are also included
for system setup and maintenance. ALERT AM Systems come with
illustrated instructions and 155' promise of no-charge operational
support for the life of the product.
Lease-to-Own Options
Ask 155 or your ALERT AM representative for details.
$13,995
Inquire
Antenna Installation Style Options
Roof Nard Style Antenna is roof-mounted or pole-mounted in building yard.
Vertical Profile Style Yard installation wo/groundplane (min. space required).
Isolated Style Equipment housed in weatherproof cabinet (no bldg. required).
No Charge
$1,695
$1,700
System Options
For Individual and Host ALERT AM Stations Only
Additional 7 Minutes Recording Time (yielding 14-minute total).
$995
For Individual, Host and Satellite ALERT AM Stations
Four-Day Battery Backup.
Power Loss Notification Module Calls or pages if 120VAC power is lost.
$2,795
$495
Satellite ALERT AM Stations Only
Satellite ALERT AM Station.
RealTIME Audio Synchronization For each station in the system.
$12,995
$3,300
Companion Products
Flashing ALERT Sign System
Trigger flashing LED signs throughout the community, telling motorists to
tune to the ALERT AM frequency or take other action "ifflashing":
Controller (manages up to 4 signs, powered by the sun, triggered through
existing VHF or UHF, two-way radio system; provide only the support and
attachment hardware).
$1,795
Flashing ALERT Sign Aluminum traffic sign (36"x24") with embedded LED
beacons, custom lettering and design. Larger versions available. Controller
(above) required.
$395
Service Options
Site Choice and Frequency Monitoring Assistance
155 technicians will visit and assist in selection of transmitter location(s) and
monitor candidate operating frequencies. Ask 155 whether this service is
recommended for your project. There is no charge if an 155 rep is in your area.
FCC 10-Year License Application
Package price includes AM frequency search, engineering study, FCC filing and
FCC-required construction notification. (A FCC License is required unless you
are a federal agency and will obtain the license through federal channels.)
Optional FCC Temporary License
Valid for 6 months to cover operation while the 1 O-year license is approved or
for temporary operation only. Renewable at no charge. Cost is $295 if
accompanied by 1 O-year license application, $495 if separate.
Installation Assistance
This affordable, time-efficient service package allows you to physically prepare the
site, while 155 handles the electronic tuning, testing and installation, plus FCC-
required documentation work, complete staff training and custom materials,
Typical Division of Labor: 155 installs and tests all electronic components,
wires components, prepares cables, tunes the antenna system, provides FCC-
required field intensity testing and documentation, complete staff training
session and custom materials. Price quoted includes all travel, labor and
expenses.
The customer and/or customer subcontractor physically prepares the
transmitter/antenna location, including installing the antenna support (wood
pole or 155-provided antenna stand), 155-provided cabinet, coaxial cable and
groundplane and providing power and telephone services into the cabinet.
The customer also provides access to any preshipped components and to the
transmitter and antenna locations to facilitate installation and tuning of
electronic components. Depending on the style of installation, included may
be excavation work, conduit and electrical service components (e.g., circuit
breakers, meters or fuses] and access devices (e.g., ladder or bucket truck).
Shipping, Terms, Warranty
Ground freight is prepaid by 155. Product availability is typically 30 days after
receipt of the order. Terms: Net 30 days to governmental entities and their agents;
check-with-order or cash-on-delivery for initial orders from private-sector
entities. Prices listed above are suggested retail prices, subject to change without
notice. Call 155 for a firm quote, guaranteed for 180 days.
There is a I-year parts-and-service warranty. 155 provides technical support by
phone forthe life ofthe product, 24/7. Purchases from 155 are subject to a standard
terms and conditions agreement signed by the purchaser, becoming part of the
contract.
No Charge
$ 495
wfl O-yr $ 295
wOfl O-yr $ 495
-=
1/2
$2,900
o '17S-
)
~
[I" DF DELIA' BEA[H
CITY AnORNEY'S OFFICE
~ POLICE LEGAL ADVISOR TELlI'IIONE ,)(;1,2157K25. FACSIMilE ')61/243-7HI,)
, , III ' POLICE LEGAL ADVISOR
MEMORANDUM
@
JOO W. ATLANTIC A \T"l T . DEERA Y BEACH. FLORIDA 33444
From:
City Commission ~
Mr. David Harden, City ger
Catherine M. Kozol,
Police Legal Advisor/As . City Attorney
November 10, 2005
Kemp v. City of Delray Beach
1993 To:
Date:
Re:
On May 14, 1999, the DBPD executed a legal search warrant at premises
located at 709 SW 9th Street, owned by Oscar Daniels. At the time of the search
warrant, there were numerous occupants in the house, including Mr. Kemp and
minor children. When the officers executed the warrant, an interior door of the
house was closed and locked. On the other side of the door, were 3 visitors to
the residence, including Mr. Kemp. The officers tried to gain entry into the
interior door by first checking the lock and kneeing the door, but could not open
it. A breaching shotgun was then called for and the door was breached by
shooting two breaching rounds into the door. Mr. Kemp who was on the other
side of the interior door, was wounded by shrapnel from the breached door.
Upon entry, the officers called the paramedics and handcuffed Mr. Kemp. Mr.
Kemp was taken to the hospital and treated, The handcuffs were removed at
some point during the treatment. Mr. Kemp was never charged with anything
related to this incident. Mr. Kemp sued the City for negligence, false arrest and
battery .
The medicals total approximately $3500.00 and approximately $15,000.00
for a debridement procedure to remove the remaining shrapnel fragments in Mr.
Kemp's leg. The Plaintiffs' attorney, on behalf of his client, has offered to settle
this case with the City for $22,500.00, inclusive of attorney's fees and costs. The
City Attorney's Office and the City adjuster recommends acceptance of this offer
subject to the receipt of the appropriate release.
CMKlath
cc: Chevelle Nubin, City Clerk
Susan Ruby, City Attorney
Chief Larry Schroeder
9F
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER 071
AGENDA ITEM # '\G:.- REGULAR MEETING OF NOVEMBER 15. 2005
APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL
TO:
SUBJECT:
DATE:
NOVEMBER 11,2005
The term for Mr, Arthur Brown expired on October 31, 2005. Mr. Brown has fulfilled an unexpired
term is eligible and would like to be considered for reappointment. The term for Mr. Sheldon Weil
expired on October 31, 2005. Mr. Weil has fulfilled one full term and does not wish to be
reappointed which creates a vacancy for Zone 2,
On September 9, 2003, Ordinance No, 27-03 establishing the Neighborhood Advisory Council for
the purpose of maintaining broad-based community involvement with the residents, creating
neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the
neighborhoods and identifying any potential threats to the stability of the neighborhoods was passed
and adopted,
The Neighborhood Advisory Council consists of fifteen (15) members and two (2) student
members. Twelve (12) members are residents with two (2) residents selected from each of the six
neighborhood zones, and three (3) at large representatives, who may be selected from a community
civic organization or business owner located within a neighborhood zone interested in the
enhancement of its surrounding neighborhoods.
The following individuals have submitted applications and would like to be considered for
appointment: (Applicants are listed by zones; however, the applications are in alphabetical order.)
(See Exhibit "A" attached)
Pursuant to Commission direction, a check for code violations and/or municipal liens was
conducted. None were found, Voter registration verification was done and all are registered.
Based on the rotation system, the appointment will be made by Commissioner Ellis (Seat #1) for a
regular member from Zone 2 to serve a three (3) year term ending October 31, 2008 and
Commissioner McCarthy (Seat #4) for a regular member from Zone 1 to serve a three (3) year term
ending October 31, 2008,
Recommend appointment of two (2) regular members to the Neighborhood Advisory Council for
three (3) year terms ending October 31, 2008.
Neighborhood Advisory Council
Page 2
Applicant
NEIGHBORHOOD ADVISORY COUNCIL
EXHIBIT "A"
Zone 1
Occupation
Arthur Brown (Incumbent)
Bonnie Raycroft
Peter Raycroft
Consultant
Zone 2
Education
Education
Subdivision
Lake Forest South
Sherwood Forest
Sherwood Forest
11/05
NEIGHBORHOOD ADVISORY COUNCIL
TERM EXPIRES DISTRIct NAME & ADDRESS TELEPHONE
10/31/07 Zone 1 Bernard Federgreen Home: 561-265-3339
App' 12/14/04 1260 NW 24'" Avenue Work:
Delray Beach, FL 33445 Fax:
10/31/07 Zone 2 Stephen Lampe! Home: 276-9292
Unexpired Appt 06/21/05 2745 N, Clearbrook Circle Work: 832-4271
Delray Beach, FL 33445 Fax: 832-3555
10/31/07 Zone 3 Karen Lustgarten Home: 266-9084
App,l1/04/03 1850 Homewood Blvd #408 Work: 202 277-2522
Reapp' 12/04/04 Delray Beach, FL 33445 Fax:
10/31/07 Zone 4 Cory (Caroline) Cassidy Home: 278-0150
App' 11/04/03 424 Palm Trail Work: 266-6760
Reopp' 12/14/04 DelrayBeach,FL 33483 Fax: 265-0616
10/31/07 Zone 5 L'T anya Allen Home: 699-1957
App' 10/25/05 1014 Mango Drive Work: 688-4394
Delray Beach, FL 33444 Fax: 688-3559
10/31/07 Zone 6 Fred Fetzer Home: 276-6712
App' 11/04/03 932 Evergreen Drive Work: 715-9030
Reopp' 10/25/05 Delray Beach, FL 33483 Fax:
10/31/05 Zone 1 Arthur Brown Home: 496-0264
App, Unexp 01/13/04 4255 Northwest 10'" Street Work: 862-2361
. Delray Beach, FL 33445 Fax:
10/31/08 Zone 2 Home:
Vacant Cell:
Fax:
10/31/06 Zone 3 Susan Kay Home: 495-7848
App' 11/04/03 2571 Hampton Circle North Work:
. Delray Beach, FL 33445 Fax:
10/31/06 Zone 4 Mike Cruz Home: 274-4856
App' 11/04/03 1510 North Swinton Avenue Work: 954427-0404 X230
Delray Beach, FL 33444 Cell: 350-7360
10/31/06 Zone 5 Gail Lee McDermott Home: 279-2551
App, 11/04/03 721 Southeast 3"' Avenue Work: 276-8763
Delray Beach, FL 33483 Fax: 279-4331
10/31/06 Zone 6 Jeremy Office Home: 330-2713
Unexp App' 10/05/04 2837 Cormorant Road Work: 276-1641
Delray Beach, FL 33444 Fax: 330-2317
Cell: 670-7130
10/31/07 At Large Marilyn Kennedy Home: 278-3096
Un"", App' 03/08/05 Representative 31 NW 14'" Avenue Fax: 265-3295
Delray Beach, FL 33444
10/31/07 At Large Patricia Westall Home: 243-7959
Unexp App' 04/19/05 Representative 1102 Seaspray Avenue Work: 274-3215
Reapp,10/25/05 Delray Beach, FL 33483 Fax: 274-3201
10/31/06 At Large Charles Stramo Home: 495-5375
App'l1/04/03 Representative 3631 Lowson Boulevard Work: 243-7412
Delray Beach, FL 33445 Fax: 243-7461
10/31/05 Home:
Vacant Work:
Student Cell:
10/31/05 Vacant Home:
Student Work:
Fax:
SjCity Clerk/Board 04/Neighborhood Advisory Council
P~""''':: B~p~
.flii~
. 1993
2001
--.-. ~--;:? d6 ~-
. . . (1/I.:JU / kl1 !
2.
CITY OF DELRA Y BEACH
BOARD....EMB~ APPLICATION f ,- II
. . .. Lake r;('e:;j- JxtIAJ
~/)€- I
N.l. .
.L
~ Code
~
City
3~
4.
City
State
Zip Code
5. ' Home Phon~
Business Phone:
Cell PhOne:
Fa:
7.
8. List an Citr Board, on "'bleh )'Ou at.e CIUTCIIdy, ~ or h2Ve ~oucly lerved: (p1"'e include dates)
NO E
9. Educational qU.Jiticatiom,& .
,
Note: ,This application will remain On file in me CitY Oak's Office fot.. petiod of 2 years ttOm th~ date it "'...
) submitted. It will be the If'plitant's =ponability to CD$1Ul< chat a cum:nt applicati04 Iso" file. .
., RECEIVED . ~-.
-.Je> -I k'6J~~\T-
, JAN 0 8 2004
CITY CLERK
TOTAL P.02
1993
2001
;/;/11
CITY OF DELRAY BEACH RE~g
BOARD MEMBER APPLICATION ::W1aJ"led ~..jrf-
NOV ~ f 2005
CITY CLERK
M.L.B
Zip Code
:::,-
Zip Code
Sute
~
Sute
DR.RAYIi"EACH
. , . .. . .. ..
*****
mr
2.
3.
4. Principal Business Address:
City
Sute
Zip Code
-
7.
5. Home Phone: Business Phone:
I:..
Jtq-
6. Are you a t:egistered voter?
8. Ust all City Boards on which you are currendy serving or have previously served: (Please include dates)
Co
Yti2tJ
~,~.
"9. Educational qualifications:
LPI
11. Give yoUt: pt:es nt, ot: most recent eniployet:, and position:
L' . -l" ' -""
R..s
statements are troe, and I agree and understand that any misstatement of material facts
y cause forfeiture upon my part of any appointment I may receive.
. Ie) ~Jo~
DATE
,\lote: This application willt:emain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
~AUl\Al'PUCAnON
OEUlAY BEACH
oF , 4> .. . . ...
*****
/l!~
CITY OF DELRAY BEACH REC EOd
BOARD MEMBER APPLlCATIO~V _ a~mI.,0reJl-
CITY CLERK
ifiir
1993
2001
Name
MT
2. Home Address:
'2\
3. Legal Residence:
City
~
Wn
City
~a."
4. Principal Business Address:
City
State
Zip Code
S. Home Phone:
{
"Business Phone:
E-Mail Ad~s:L1 Cell Phone:
()QvO..-c~ 510'4\" -263/
If so, where are you registered?
Fax:
+N 0'7
6. Are you a registered voter?
7.
8. List all City Boards on which you ate currendy serving or have previously served: (Please include dates)
10. List any related professional certi
11. Give your present, or !Dost r
tify that all the above statements ate ttue, and I agree and understand that any misstatement of mate.tial facts
. this appli . on m use fotfeiture upon my part of any appointment I may receive.
. IO{i9f jO:J
DATE f
SI
.iote: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S'aTYCLBItK.\BO.A1WILlCATION
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # I () A - REGULAR MEETING OF NOVEMBER 15. 2005
ORDINANCE NO. 74-05 (REZONING/9TH STREET PROPERTIES)
TO:
SUBJECT:
DATE:
NOVEMBER 11,2005
This ordinance is before Commission for second reading and quasi judicial hearing for a privately initiated
rezoning from RO (Residential Office) to R-l-A (Single Family Residential) for a 0.57 acre parcel of
land for 9" Street Properties, located at the southeast comer of N .E. 2nd Avenue and N .E. 9'" Street.
The proposed rezoning involves four platted lots (Lots 13 through 16, Block 12, Dell Park) containing
two (2) structures. With the adoption of the City-wide rezonings in 1990, the parcels were rezoned
from RM-l0 (Medium Density Residential-tO units per acre) to RO to accommodate the existing
medical office use.
On March 3,1998, the Commission adopted the Seacrest/Del-Ida Neighborhood Plan. In conjunction
with the Plan, the properties immediately adjacent to the subject site were rezoned from RL (Low
Density Residential) to R-l-A. The subject propetties are owned by Ninth Street Properties, LLC,
which also owns the lot immediately to the east (Lot 12, Block 12). The property owner is proposing
to build four (4) single family residences on the lots. A fifth residence is proposed for Lot 12 Qocated
adjacent to the subject lots), which is currently zoned R-l-A.
Single family residences are allowed as a principal (permitted) use within the RO zone district; however,
a minimum lot size of 8,000 sq. ft. (80' frontage/width and 100' depth minimum) is required within the
RO zoning district. Based on the lot size requirements under the RO regulations, only two single
family residences could be accommodated on the subject parcel. Conversely, the proposed R-l-A
zoning district, would allow the construction of a single family residence on each of the four (50' x
100') platted lots.
The Planning and Zoning Board held a public hearing at its meeting of September 19, 2005. There was
no public testimony. After reviewing the staff report and discussing the proposal, the Board voted 6-1
to recommend approval of the rezoning, by adopting the findings of fact and law contained in the staff
report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set
forth in LDR Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and
Section 2.4.5(D)(5) (Rezoning Findings).
At the first reading on November 1, 2005, the Commission passed Ordinance No. 74-05.
Recommend approval of Ordinance No. 74-05 on second and final reading.
S:\City Clerk\agenda memos Oed 74-05 Rezoning 9Ih St Prop 111505
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"''/:':"i!;?;:i'fJ>;'\,'':iS.
J'~~~Y" .]t1'rY_c-dMjll$~iQJ"~tW~-iOflf ." ":.~;1f;:'..'" . ,';if:.' .....:;i~~
DAVID T. HARDEN, CITIf~ry)/'nJ2 ./"
PAUL DORLING, DIRECTOR OF PLANNI~ND ZONING
JASMIN ALLEN, PLANNERk /~'1 ~~
MEETING OF OCTOBER 2~005
REZONING FROM RO (RESIDENTIAL OFFICE) TO R-1-A (SINGLE FAMILY
RESIDENTIAL) FOR LOTS 13-16, BLOCK 12, DELL PARK, LOCATED AT THE
SOUTHEAST CORNER OF NE 9TH STREET AND NE 2ND AVENUE.
TO:
THRU:
FROM:
SUBJECT:
~]r ;;::{SB::::[;:~i&I}['G;~I~?:; ",-
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The proposed rezoning involves four platted lots (Lots 13 thru 16, Block 12, Dell Park), totaling 0.57 acres.
The properties contain two structures which have previously been used as medical offices. With the
adoption of the City-wide rezonings in 1990, the subject parcels were rezoned from RM-10 (Medium Density
Residential-10 units per acre) to RO (Residential Office) to accommodate the existing medical office use.
On March 3, 1998, the City Commission adopted the Seacrest/Del-Ida Neighborhood Plan which outlined a
vision for revitalizing the Seacrest neighborhood. In conjunction with the adopted SeacrestlDel-lda
Neighborhood Plan, the properties immediately adjacent to the subject site were rezoned from RL (Low
Density Residential) to R-1-A (Single Family Residential). The subject properties are owned by Ninth Street
Properties LLC, which also owns the lot immediately to the east (Lot 12, Block 12). The property owner is
proposing to build four single family residences on the lots being rezoned. A fifth residence is proposed for
Lot 12 (located adjacent to the subject lots), which is currently zoned R-1-A (Single Family Residential).
Single family residences are allowed as a principal (permitted) use within the RO zone district, however a
minimum lot size of 8,000 sq. ft. (80' frontage/width and 100' depth minimum) is required within the RO
zoning district. Based on the lot size requirements under the RO regulations, only two single family
residences could be accommodated on the subject parcel. Conversely, the proposed R-1-A zoning district,
would allow the construction of a single family residence on each of the four (50' X 100') platted lots.
Positive findings can be made with respect to Sections 3.1.1, 3.2.2, and 2.4.5(D) of the Land Development
Regulations. Additional background and an analysis of the request are found in the attached Planning and
Zoning Board Staff Report.
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At its meeting of September 19, 2005, the Planning and Zoning Board held a public hearing in conjunction
with the request. There was no public testimony in support of or opposition to the proposal. After reviewing
the staff report and discussing the proposal, the Board voted 6-1 (Gary Eliopoulos dissenting) to recommend
to the City Commission approval of the rezoning, by adopting the findings of fact and law contained in the
staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria
set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations.
I...... ..
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Move approval of the rezoning from RO to R-1-A, by adopting the findings of fact and law contained in the
staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria
set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations, with second reading
to occur on November 15, 2005.
Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of September 19, 2005
\~A
ORDINANCE NO. 74-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RO (RESIDENTIAL OFFICE) DISTRICT TO
R-l-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND
BEING A PARCEL LOCATED AT THE SOUTHEAST CORNER OF
NE 2ND AVENUE AND NE 9TH STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April 2005, as being zoned RO (Residential Office) District;
and
WHEREAS, at its meeting of September 19, 2005, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
6 to I to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes 163.3l74(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies ofthe Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section I. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of R-l-A (Single Family Residential)
District for the following described property:
Lots 13 thru 16, Block 12, Map of Dell Park, according to the Plat thereof, as recorded in Plat Book
8, Page 56 of the Public Records of Palm Beach County, Florida.
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of ,200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2
ORD NO. 74-05
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
September 19, 2005
IV. B.
Rezoning request from RO (Residential Office) to R-1-A (Single Family
Residential) for Lots 13-16 Block 12, Dell Park, located at the southeast
corner of NE 2nd Avenue (Seacrest Boulevard) and NE 9th Street and known as
9th Street Properties. (Quasi-Judicial Hearing).
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant......................... Ninth Street Properties LLC
Applicant.................................... Ninth Street properties LLC
Agent.......................................... Weiner & Aronson P.A.
Location...................................... Southeast corner of NE 2nd
Avenue and NE 9th Street
Property Size.............................. 0.57 Acres
Future Land Use Map................ TRN (Transitional)
Current Zoning............................ RO (Residential Office)
Adjacent Zoning................North: R-1-A (Single Family
Residential)
East: R-1-A (Single Family
Residential)
South: RO (Residential Office)
West: R-1-AA (Single Family
Residential)
Existing Land Use...................... Medical Office (vacant)
Proposed Land Use.................... Four single family residences.
Water Service............................. Existing on site.
Sewer Service............................. Existing on site.
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IV R
The item before the Board is that of making a recommendation to the City
Commission on a rezoning from RO (Residential Office) to R-1-A (Single Family
Residential) for 9th Street Properties.
The subject property is located at the southeast corner of NE 9th Street and NE 2nd
Avenue (Seacrest Boulevard).
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The proposed rezoning involves four platted lots (Lots 13 thru 16, Block 12, Dell
Park), totaling 0.57 acres. The properties contain the following:
214 NE 9th Street (Lot 13): Existing 1,008 sq. ft. medical office building.
899 NE ~d Avenue (Lots 14-16): Existing 3379 sq. ft. medical office building.
While it is not clear when these structures were built, a conditional use approval was
granted by the City Commission in 1978 to convert the existing residential structures
to medical office. With the adoption of the City-wide rezonings in 1990, the subject
parcels were rezoned from RM-10 (Medium Density Residential-10 units per acre) to
RO (Residential Office) to accommodate the existing office use. Concurrently the
adjacent lots to the east were rezoned from RM-10 (Medium Density Residential) to
RL (Low Density Residential). On March 3, 1998, the City Commission adopted the
Sea crest/Del-Ida Neighborhood Plan which outlined a vision for revitalizing the
Sea crest neighborhood. In conjunction with the adopted Seacrest/Del-Ida
Neighborhood Plan, the properties immediately adjacent to the subject site were
rezoned from RL (Low Density Residential) to R-1-A (Single Family Residential).
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The subject properties are owned by Ninth Street Properties LLC, which also owns
the lot immediately to the east (Lot 12, Block 12). The property owner is proposing to
build four single family residences on the lots being rezoned. A fifth residence is
proposed for Lot 12, which is zoned R-1-A (Single Family Residential). Thus the
rezoning request from RO (Residential Office) to R-1-A (Single Family Residential) is
now before the Board.
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REQUIRED FINDINGS:
LOR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to LOR Section 3.1.1, prior to approval of development applications,
certain findings must be made in a form which is part of the official record.
P&Z Board Staff Report
Rezoning from RO to R-1-A for 9th Street Properties
Page 2
This may be achieved through information on the application, written materials
submitted by the applicant, the staff report, or minutes. Findings shall be made
by the body which has the authority to approve or deny the development
application. These findings relate to the Future land Use Map, Concurrency,
Comprehensive Plan Consistency and Compliance with the land Development
Regulations.
o Future land Use Map - The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said
zoning must be consistent with the applicable land use designation as
shown on the Future land Use Map.
The subject property has a Future land Use Map designation of TRN
(Transitional) and is currently zoned RO (Residential Office). Single family
residential uses are permitted as a principal use within the RO zoning district.
Pursuant to LOR Section 4.3.3 K "Development Matrix", a minimum lot size of
8,000 sq. ft. (80' frontage/width and 100' depth minimum) is required within the
RO zoning district. Based on the lot size requirements under the RO regulations,
only two single family residences could be accommodated on the subject parcel.
Conversely, the proposed R-1-A zoning district, which is also consistent with the
TRN Future Land Use Map designation, would allow the construction of a single
family residence on each of the four platted lots. Thus, based upon the above, a
positive finding can be made with respect to consistency with the Future Land Use
Map designation.
o Concurrency - Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
In the preparation of the Delray Beach Comprehensive Plan, the land use
designations throughout the entire planning and service area were considered
with respect to the overall land use pattern, assessment of level of service, the
provision of services, and meeting remaining land use needs. It is noted that the
single family development allowed under the R-1-A zoning designation
characteristically has less impact on concurrency than the duplex and office uses
allowed within the RO designation.
Drainaae: With rezoning request drainage plans are not required. With
redevelopment of the site, drainage plans will be submitted; however, there are no
problems anticipated in retaining drainage on site and obtaining any/all necessary
permits.
T raffle:
A traffic statement was not submitted with the proposal. However, pursuant to the
Institute of Traffic Engineers (ITE), single family residences account for an
average daily trips (adt) of 10 per residence, thus a total of 40 trips are
anticipated which is significantly less than the existing office use.
P&Z Board Staff Report
Rezoning from RO to R-1-A for 9th Street Properties
Page 3
Parks and Recreation: Pursuant to Land Development Regulations (LOR) Section
5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to
issuance of a building permit for each unit. Based upon the proposed rezoning,
four (4) dwelling units would be allowed, thus requiring a park impact fee of
$2,000.
Schools: A School Concurrency Application has been transmitted to the School
District of Palm Beach County for their consideration. The Palm Beach County
School District has approved the development proposal for compliance with the
adopted Level of Service for School Concurrency.
Solid Waste:
Based upon the Solid Waste Authority's typical waste generation rates, the waste
to be generated by the four proposed residences will be 1.8 tons less than that
which is currently generated. Additionally, the Solid Waste Authority has.indicated
that its facilities have sufficient capacity to handle all development proposals until
the year 2021.
o Consistency - The requested designation is consistent with the goals,
objectives and policies of the most recently adopted Comprehensive Plan.
Future Land Use Element Obiective A-1: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate
in terms of soil, topographic and other applicable physical considerations;
is complimentary to adjacent land uses; and fulfills remaining land use
needs.
There are no significant environmental characteristics to the subject property.
Redevelopment of the property, based upon the proposed zoning, is compatible
with the adjacent land uses, which consist of single family residences to the east
and west, duplex residences to the north and duplexloffice to the south). No
compatibility concerns are noted with the surrounding land uses.
Housina Element Policv A-12.3: In evaluating proposals for new
development or redevelopment, the City shall consider the effect that the
proposal will have on the stability of nearby neighborhoods. Factors such
as noise, odors, dust, traffic volumes and circulation patterns shall be
reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a
proposed development will result in a degradation of any neighborhood, the
project shall be modified accordingly or denied.
The proposed redevelopment of the commercial property to single family
residences will have a positive effect on neighboring residential properties as the
impacts such as noise and traffic will decrease.
o Compatibility - The requested designation will be compatible with the
existing and future land uses of the surrounding area.
P&Z Board Staff Report
Rezoning from RO to R-1-A for 9th Street Properties
Page 4
Compatibility is discussed below under the Standards for Rezoning.
o Compliance -- Development under the requested designation will comply
with the provisions and requirements of the Land Development Regulations.
Future redevelopment of the subject parcels will be in accordance with the City's
Land Development Regulations. During the permit review process, the
development proposal will be reviewed for compliance with the LDRs. Pursuant
to LDR Section 4.1.4, while the lots do not comply with the minimum lot area and
lot dimensions for the R-1-A zoning district, they may nevertheless be used to
accommodate four single family residences as they qualify as lots of record.
Pursuant to LDR Section 4.3.4(E)(3)&(4), "Where a corner lot or through lot has
frontage on an arterial or collector street, the front shall be the side with frontage
on the arterial or collector. Notwithstanding the previous description, if a limited
access easement or limited access right-of-way runs the length of the frontage on
a street, then the front of the lot shall be on frontage without such access
restrictions"
Thus the frontage for Lot 16, (corner lot) is NE 2nd Avenue (Seacrest Boulevard),
unless a limited access easement is placed along NE 2nd Avenue, in which case
the frontage becomes NE 9th Street. Given the orientation of the adjacent lots,
staff recommends that a limited access easement be recorded along the entire
length of NE 2nd Avenue. Given the above, a positive finding with respect to
compliance with the Land Development Regulations can be assumed.
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STANDARDS FOR REZONING ACTIONS:
Compliance with the performance standards set forth in LDR Section 3.2.2,
along with the required findings noted in LDR Section 2.4.5(D) (5) shall be the
basis upon which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan may be used
in making a finding of overall consistency.
LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable
performance standard of LDR Section 3.2.2 is as follows:
(D)That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
The following zoning designations and uses border the property:
P&Z Board Staff Report
Rezoning from RO to R-1-A for 9th Street Properties
Page 5
Zonina Desianation:
Use:
West:
R-1-AA
Duplex/Single Family
Duplex/Office
Duplex (property owner intends to
demolish and construct a single
family residence)
Single family residences
North:
South:
East:
R-1-A
RO
R-1-A
The surrounding residential area has been identified as "Revitalization" on the
Residential Neighborhood Categorization Map. The adjacent residential properties to
the north and east are zoned R-1-A (Single Family Residential), which is the
requested zoning classification. The properties to the west are zoned R-1-AA (Single
Family Residential). Although this district accommodates a lower density than the R-
1-A zoning district, no compatibility issues are anticipated. The RO zoning on the
properties to the south accommodates single family residences as well as more
intense duplex and office development.
Policy A-5.5 of the Housing Element requires that a neighborhood plan be prepared
for areas identified as "Revitalization" on the Residential Neighborhood
Categorization Map. As previously stated the Seacrest Del-Ida Neighborhood Plan
was adopted by the City Commission on March 3, 1 998.
For future residential development, the SeacresUDel-lda Neighborhood Plan states "it
is the intent of this plan that all new residential development or redevelopment not
located within the Del-Ida Park Historic District be single family detached housing".
The proposed R-1-A zoning furthers the goal of the SeacresUDel-lda Neighborhood
Plan and is appropriate given the existing development pattern and typical lot sizes
on NE gth Street. Based upon the above, a positive finding can be made with regard
to LOR Section 3.2.2(0), that the proposed rezoning will not result in adjacent
incompatible land uses.
LOR Section 2.4.5(0) (5): In addition to provisions of Chapter Three, the City
Commission must make a finding that the rezoning fulfills one of the reasons
for which the rezoning is being sought. These reasons include the following:
A. That the zoning had previously been changed, or was originally established, in
error;
B. That there has been a change in circumstances which make the current zoning
inappropriate; or
C. That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
P&Z Board Staff Report
Rezoning from RO to R-1-A for 9th Street Properties
Page 6
The applicant has submitted the following statement indicating the reasons for which
the rezoning is being sought based on "C" above:
"Pursuant to Section 2.4.5(D)(2)(C), the request zoning is of a similar intensity as
allowed under the Future Land Use Map. Per Table L-7 of the City of De/ray Beach
Comprehensive Plan, R-1-A is a compatible zoning district with the land use
designation of TRN. The parcels being rezoned are sited on a block which is already
zoned R-1-A and is comprised of single family homes. The zoning differences divide
the block and detract from the overall aesthetics of the neighborhood. In addition, the
existing office building surrounded by single family homes is inappropriate. These
properties should be zoned to be compatible with the neighborhood. Finally,
according to the Sea crest/Del-Ida Park Neighborhood Plan adopted by the City
Commission on March 3, 1998, "it is the intent of this plan that all new residential
development or redevelopment ..... be single family-detached housing. FLUM and
zoning designations will be amended where necessary to support this goal"
By changing the zoning from RO to R-1-A, the City will reduce the density allowed for
these parcels and create a more cohesive neighborhood as outlined in the
Sea crest/Del-Ida Park Neighborhood Plan.
The basis for which the rezoning should be granted relates to .cn in that the proposed
rezoning will allow the redevelopment of the property to be consistent with the zoning
classification and uses within the block and will enhance the overall aesthetics of the
neighborhood. Based upon the above, a positive finding with respect to LOR Section
2.4.5(0)(5) can be made.
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Community Redevelooment Aaency (CRA):
At its meeting of September 8, 2005, the CRA reviewed the proposed rezoning and
recommended approval.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and/or support, if any, will be presented at the
Planning and Zoning Board meeting.
Courtesy Notices:
A special courtesy notice was provided to the following homeowners associations:
. Seacrest Homeowners Association
. PROD
. President Council
. Del-Ida Park Homeowners Association
P&Z Board Staff Report
Rezoning from RO to R-1-A for 9th Street Properties
Page 7
l~~~~~g~."-~
The proposed rezoning from RO (Residential Office) to R-1-A (Single Family
Residential) is consistent with the policies of the Comprehensive Plan and Chapter 3
of the Land Development Regulations. The proposal also is consistent with the
Seacrest/Del-Ida Neighborhood Plan, as it will provide for uses that will enhance the
residential character of the neighborhood and reduce the negative impacts associated
with non-residential vehicular traffic on local residential streets. Positive findings can
be made with respect to LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2
(Standards for Rezoning Actions), LOR Section 2.4.5(0)(5) (Rezoning Findings), and
the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, this
rezoning can be recommended for approval based on the findings outlined in this
report.
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A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the privately
sponsored request for a rezoning from RO (Residential Office) to R-1-A (Single
Family Residential) for the subject property, by adopting the findings of fact and
law contained in the staff report, and finding that the request and approval thereof
is consistent with the Comprehensive Plan and the Seacrest/Del-Ida Park
Neighborhood Plan, and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1
and 3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the privately
sponsored request for rezoning from RO (Residential Office) to R-1-A (Single
Family Residential) for the subject property, by adopting the findings of fact and
law contained in the staff report, and finding that the request is inconsistent with
the Comprehensive Plan and Seacrest/Del-Ida Park Neighborhood Plan, and does
not meet the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land
Development Regulations.
. ,
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Move a recommendation of approval to the City Commission for the privately
sponsored request for rezoning from RO (Residential Office) to R-1-A (Single Family
Residential) for the subject property, by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and Seacrest/Del-Ida Park Neighborhood
Plan, and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the
Land Development Regulations.
Attachments:
D Zoning Map
D Survey
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CITY COMMISSION DOCUMENTATION
o/(
1&0
FROM:
DAVID T. HARDEN
CITr~~~(
PAJL' ~ORLlNG
mR:CT,9~2F PLA G AND ZONING
~~~1ENiOR PLANNER
MEETING OF NOVEMBER 15. 2005 - REVISED FIRST READING OF
COMPREHENSIVE PLAN AMENDMENT 2005-2 (05-2).
TO:
THRU:
SUBJECT:
I
BACKGROUND
The City Commission initiated Comprehensive Plan Amendment 05-2 on July 5, 2005. On
August 2, 2005, the City Commission approved City Ordinance No. 56-05 on first reading,
adopting Comprehensive Plan Amendment 05-2 and transmitted the Amendment to the Florida
Department of Community Affairs for review.
On September 20, 2005, the City Commission approved the Annexation, small scale FLUM
Amendment and Rezoning for Gramercy Square II. However, DCA has since determined that
the FLUM Amendment does not meet the requirements for small scale amendments and needs
to go through the regular (twice a year) amendment process. This was due to the potential
density above 10 du/ac in the proposed MD FLUM designation. To expedite the process, this
FLUM amendment is being added to Comprehensive Plan Amendment 2005-2. This addition
requires that a new first reading be conducted at this time.
Several other changes to the 2005-2 Amendment are also being made at this time-the
description of the Medium Density FLUM designation is being further modified to allow for a
maximum density of 24 units per acre within the Carver Estates Overlay District; the Five-Year
Capital Improvements Schedule is being modified to reflect adoption of the FY2006-FY2010
Capital Improvements Program; and the School District's Six Year Capital Improvement
Schedule and Concurrency Map series are being updated.
The 2005-2 amendment now includes three (3) City initiated Future Land Use Map
Amendments, two (2) privately initiated Future Land Use Map Amendments, and twelve (12)
text changes. A brief description of each item is listed below and a full analysis is contained in
the attached Comprehensive Plan Amendment and support documents.
PLANNING & ZONING BOARD CONSIDERATION
The Planning and Zoning Board held its public hearing regarding the amendment on July 18,
2005. During the Public Hearing, Gary Eliopoulos, agent for the applicant of the privately
initiated FLUM Amendment for Lintco was available for any questions concerning the project.
No one from the public spoke and after discussion, the Planning and Zoning Board voted 6-0
(one seat vacant) to recommend approval of Comprehensive Plan Amendment 05-1 on first
reading and transmittal of the amendment to the Florida Department of Community Affairs.
At its meeting of August 15, 2005, the Planning and Zoning Board held a public hearing in
conjunction with the Annexation, small scale FLUM amendment and rezoning for Gramercy
Square II. There was public testimony from Ms. Nancy Eisenberg, who lives at 134 Coconut Key
\OE
Lane, representing the Coconut Key Home Owners Association. Ms. Eisenberg concerns
evolved around the close proximity of the proposed development to the Coconut Key residential
development, the height of the buildings, and the need for a landscape buffer to mitigate any
potential impact. After reviewing the staff report and discussing the proposal, the Board voted 5
to 0 to recommend that the requests be approved subject to a zoning density suffix of 8 units
per acre maximum.
RECOMMENDED ACTION
By motion, approve on first reading, Ordinance No. 56-05, adopting Comprehensive Plan
Amendment 05-2, based on positive findings that it supports and furthers the Goals, Objectives
and Policies of the Comprehensive Plan. Second reading of the Ordinance will be on December
6, 2005, after which, the adopted Plan will be forwarded to the Department of Community Affairs
for compliance review.
SUMMARY OF ITEMS IN COMPREHENSIVE PLAN AMENDMENT 05-1
1. Text Amendments
a. Future Land Use Element - Modification of the description of the Medium Density FLUM
designation to include provisions for increased density to 24 units per acre for the Carver
Estates Overlay District and to approximately 18 units/acre within the boundaries of
other special overlay districts to accommodate higher density residential development
subject to the provision of workforce housing.
b. Future Land Use Element - Modification of the description of the Transitional FLUM
designation to include provisions for increased density to approximately 18 units/acre
within the boundaries of special overlay districts to accommodate higher density
residential development subject to the provision of workforce housing;
c. Future Land Use Element - Modification of the description of the General Commercial
FLUM designation to include provisions for increased density to approximately 18
units/acre within the boundaries of special overlay districts to accommodate higher
density residential development subject to the provision of workforce housing;
d. Future Land Use Element - Add Policy regarding creation of an overlay district for the
Congress Avenue Corridor to encourage the development of Class A corporate offices;
e. Transportation Element - Add Policy regarding the change of NE/SE 1st Streets from
one-way back to two way traffic.
f. Transportation Element - Add Policy regarding enhancement of the US-1 corridor
(NE/SE 5th Avenue and NE/SE 6th Avenue) between NE 4th Street and SE 4th Street
through beautification and the provision of improved parking and pedestrian circulation.
g. Transportation Element - Add Policy to seek the reduction of the ultimate right-of-way
for Federal Highway from 120 feet to 100 feet, north of George Bush Boulevard.
h. Housing Element - Revise "Analysis" section to update information pertaining to
historically significant housing.
i. Open Space and Recreation Element - Update "Analysis", "Conclusions" and "Needs
and Recommendations" sections to reflect updated conditions and to be consistent with
the adopted City of Delray Beach Parks and Recreation System Master Plan.
j. Capital Improvement Element - Modify Table CI-CIP (5-Year Capital Improvements
Schedule For Projects> $25,000) to reflect adoption of the FY 2006-2010 Capital
Improvement Program.
k. Capital Improvement Element - Modification of Table SD-CIP. This table is the School
District's Six Year Capital Improvement Schedule referenced in CIP Element Policy A-
8.3.
I. Public Schools Facilities Element - Updated Concurrency Map Series for the School
District (Maps PS 1.1; PS 2.1; PS 3.1; and PS 3.2)
2. Future Land Use Map Amendments
a. City Initiated Future Land Use Map amendment for the public park within the Bexley
Park subdivision from LD (Residential Low Density 0-5 du/ac), in part and GC (General
Commercial), in part to OS (Open Space);
b. City Initiated Future Land Use Map amendment to assign City Future Land Use Map
designations concurrently with annexation via water service agreement of approximately
10 acres of property for Valero Gas Station, Watkins Motor Lines and Public Self
Storage, Inc, located west of Military Trail, 100 feet north of Conklin Drive. The current
County Land Use Map designation is CH-8 (Commercial High with an underlying High
Residential, 8 units per acre) and the proposed City designation is GC (General
Commercial), in part and TRN (Transitional), in part;
c. City Initiated Future Land Use Map amendment for the Lee Burke property, containing
approximately 0.5 acres on the north side of Linton Boulevard, 660 feet west of SW 4th
Avenue, from RDA-3 (Redevelopment Area #3) to MD (Residential Medium Density 5-12
du/ac); and
d. Privately Initiated Future Land Use Map amendment for the Lintco multi-family site,
containing approximately 7.05 acres at the northwest corner of Linton Boulevard and SW
4th Avenue, from RDA-3 (Redevelopment Area #3) to MD (Residential Medium Density
5-12 du/ac).
e. Privately Initiated Future Land Use Map amendment for Gramercy Square II, containing
approximately 4.85 acres on the west side of Military Trail, approximately 700 feet south
of Atlantic Avenue, from County HR-8 (High Residential - 8 du/ac) to City MD (Medium
Density Residential 5-12 du/ac).
Attachments:
. Comprehensive Plan Amendment 05-2
. Ordinance No. 56-05
ORDINANCE NO. 56-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN
AMENDMENT 2005-2, PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION
163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE
P ARTICULARL Y DESCRIBED IN EXHIBIT "A" ENTITLED
"COMPREHENSIVE PLAN AMENDMENT 2005-2" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the
provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the
"Local Government Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document
entitled "Comprehensive Plan - Delray Beach, Florida"; and
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an
amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2005-2; and,
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due
public notice, held a public hearing on July 18, 2005, in accordance with the requirements of the
"Local Government Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)( c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, after the above referenced public hearing, the Planning and Zoning Board,
as Local Planning Agency, recommended to the City Commission that the proposed
Comprehensive Plan Amendment 2005-2 be transmitted; and
WHEREAS, proposed Comprehensive Plan Amendment 2005-2 was submitted to and
reviewed by the City Commission; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, following due public notice, the first of two required public hearings on
Comprehensive Plan Amendment 2005-2 was held by the City Commission on August 2, 2005,
at which time it was authorized to be transmitted to the Department of Community Affairs for
required review; and
WHEREAS, Comprehensive Plan Amendment 2005-2 was reviewed by the Florida
Department of Community Affairs and the Department of Community Affairs issued an ORC
(Objections Report and Comments) Report. Additional documentation and analysis to support
Amendment 2005-2 will be transmitted to the Department of Community Affairs; and
WHEREAS, since the amendment was modified to include an additional Future Land
Use Map amendment and three additional text amendments following transmittal to the Florida
Department of Community Affairs, an additional public hearing was held on November 15,
2005; and
WHEREAS, irrespective of this Ordinance, the parcel ofland described in Ordinance No.
65-05 was annexed into the City as of the date of the second and final reading of Ordinance No.
65-05, which occurred on September 20,2005; and
WHEREAS, following due public notice, the second of two required public hearings on
Comprehensive Plan Amendment 2005-2 was held on December 6, 2005, in accordance with
statutory requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Florida, hereby
declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes
Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and
Land Development Regulation Act".
Section 3. That in implementation of its declared intent as set forth in Section 1 of this
ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment
2005-2, which is attached hereto as Exhibit "A" and incorporated herein by reference.
2
ORD. NO. 56-05
Section 4. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is
hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2005-2.
Section 5. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. That the effective date ofthis ordinance, is upon the date a final order is issued
by the Department of Community Affairs (DCA) finding the amendment in compliance in
accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration
Commission finding the amendment to be in compliance in accordance with Chapter 163.3184,
F.S.
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of , 2005.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD. NO. 56-05
CITY OF DELRAY BEACH, FLORIDA
COMPREHENSIVE PLAN
AMENDMENT
2005 - 2
Planning & Zoning Board
Transmittal Public Hearing
July 18,2005
City Commission
Transmittal Public Hearing
August 2, 2005
City Commission
Revised 1st Reading
November 15, 2005
I COMPREHENSIVE PLAN AMENDMENT 05-2 I
CITY OF DELRA Y BEACH, FLORIDA
- TABLE OF CONTENTS -
Paae
TEXT CHANGES. (CITY INITIATED)
1 Description of the Medium Density FLUM designation, Future Land Use
Element
2 Description of the Transitional FLUM designation, Future Land Use
Element
3 Description of the General Commercial FLUM designation, Future Land
Use Element
4 Policy A-1.9, Future Land Use Element (Congress Avenue Corridor)
4 Policy 0-3.12, Transportation Element (NE/SE 151 Streets)
4 Policy 0-3.13, Transportation Element (US-1 Downtown)
5 Policy A-3.2, Transportation Element (North Federal Highway ROW)
5 Housing Element - Modification of Table HO-15 and Text Dealing with
Historically Significant Housing)
7 Open Space & Recreation Element - Text changes to Reflect Updated
Conditions and to Achieve Consistency with the Adopted City of Delray
Beach Parks and Recreation System Master Plan.
9 Table CI-CIP, Table CI-CIP (5-Year Capital Improvements Schedule For
Projects> $25,000), Capital Improvement Element.
9 Table SD-CIP, School District of Palm Beach County Six Year Capital
Improvement Schedule, Capital Improvement Element
10 School District Concurency Map Series, Public Schools Facilities Element
I
AMENDMENTS TO THE FUTURE LAND USE MAP - (CITY INITIATED)
10 Bexley Park
10 Valero Gas Station, Watkins Motor Lines & Public Self Storage Facility
Property
11 Lee Burke Properly
AMENDMENTS TO THE FUTURE LAND USE MAP - (PRIVATELY
INITIATED)
11 Lintco
11 Gramercy Square II
I
COMPREHENSIVE PLAN AMENDMENT 05.2
I
CITY OF DELRA Y BEACH, FLORIDA
I
CITY INITIA TED TEXT CHANGES
FUTURE LAND USE ELEMENT
1) Location: Pg. FL-42, Description of the Medium Density FLUM
designation.
Medium Density: This designation is applied to land which is developed, or is to
be developed, at a density between five and twelve units per acre. Residential
density is limited to a maximum of 12 dwelling units per acre, except within the
portion of the Southwest Neighborhood Area Overlay District, between the
commercial area along West Atlantic Avenue and SW 2nd Street, from Swinton
Avenue to Interstate 95, where the density may exceed 12 units per acre, up to a
maximum of 24 units per acre subject to Conditional Use approval and the
recommendations and strategies outlined in the Southwest Area Neighborhood
Redevelopment Plan. Such land is usually developed in planned communities or
exists in older areas where there are duplexes and condominiums. Home
ownership is characteristic of this designation. Where this designation exists,
uses other than those which are residential in character shall not be considered.
Change:
REVISION
Medium Density: This designation is applied to land which is developed, or is to
be developed, at a density between five and twelve units per acre. Residential
density is limited to a maximum of 12 dwelling units per acre, except within the
portion of the Southwest Neighborhood Area Overlay District, between the
commercial area along West Atlantic Avenue and SW 2nd Street, from Swinton
Avenue to Interstate 95, where the density may exceed 12 units per acre, up to a
maximum of 24 units per acre subject to Conditional Use approval and the
recommendations and strategies outlined in the Southwest Area Neighborhood
Redevelopment Plan. Areas with this desiQnation, located within a workforce
housinQ overlav district. mav also exceed 12 units per acre. UP to a maximum of
24 units per acre within the Carver Estates Overlav District and 18 units per acre
within other overlav districts bv obtaininQ densitv bonuses throuQh the provision
of workforce housinQ units. Such land is usually developed in planned
communities or exists in older areas where there are duplexes and
condominiums. Home ownership is characteristic of this designation. Where this
( 1 )
designation exists, uses other than those which are residential in character shall
not be considered.
Comment: This revision is being made to implement strategies to encourage the
provision of workforce housing within the City. The increased density to a
maximum of 24 units per acre in the Carver Estates Overlay District and 18 units
per acre in other workforce housing overlay districts will provide an incentive;
however, any density increase that exceeds 12 units per acre will be subject to
Conditional Use approval and compliance with provisions of the Workforce
Housing Ordinance.
2) Location: Pg. FL-42, Description of the Transitional FLUM designation.
TRANSITIONAL LAND USES: This designation is applied to land which is
developed, or is to be developed, for either residential or nonresidential uses. In
some instances this designation provides for a transition between less intensive
residential use and commercial uses. In other instances, this designation allows
the establishment of uses which are compatible with adjacent residential use.
When Neighborhood Commercial Zoning is placed within or adjacent to a
residential area, such zoning shall be limited to two acres, or less, which is
sufficient to accommodate the needs of an immediate residential neighborhood.
While in others, it provides for uses which are not as intensive as general
commercial in areas where residential use is not desirable and/or appropriate.
Residential development at a density between five and twelve units per acre,
mobile home parks and apartment development in addition to condominiums,
Continuing Care Facilities, A.C.L.F., and various types of group homes are
appropriate under this designation. Nonresidential development at an intensity
equivalent to that associated with medium density residential land uses is also
appropriate.
Change:
REVISION
TRANSITIONAL LAND USES: This designation is applied to land which is
developed, or is to be developed, for either residential or nonresidential uses. In
some instances this designation provides for a transition between less intensive
residential use and commercial uses. In other instances, this designation allows
the establishment of uses which are compatible with adjacent residential use.
When Neighborhood Commercial Zoning is placed within or adjacent to a
residential area, such zoning shall be limited to two acres, or less, which is
sufficient to accommodate the needs of an immediate residential neighborhood.
While in others, it provides for uses which are not as intensive as general
commercial in areas where residential use is not desirable and/or appropriate.
Residential development at a density between five and twelve units per acre,
mobile home parks and apartment development in addition to condominiums,
Continuing Care Facilities, A.C.L.F., and various types of group homes are
( 2)
appropriate under this designation. Areas with this desiqnation. located within a
workforce housinq overlav district. mav exceed 12 units per acre UP to a
maximum of 18 units per acre bv obtaininq densitv bonuses throuqh the provision
of workforce housinq units. Nonresidential development at an intensity equivalent
to that associated with medium density residential land uses is also appropriate.
Comment: This revision is being made to implement strategies to encourage the
provision of workforce housing within the City. The increased density to a
maximum of 18 units per acre will provide an incentive; however, any density
increase that exceeds 12 units per acre will be subject to Conditional Use
approval and compliance with provisions of the Workforce Housing Ordinance.
3) Location: Pg. FL-42, Description of the General Commercial FLUM
designation.
General Commercial: This designation is applied to land which is, or should be,
developed for general commercial purposes e.g. retail, office, services. Light
industrial type uses such as fabrication and assembly are permissible under this
designation when located in the special overlay district between Federal Highway
and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum
Floor Area Ratio of 3.0 is permitted for nonresidential uses. Residential uses may
comprise up to 15% of the total floor area. Residential uses are permitted either
in conjunction with a commercial use, or as a stand alone use subject to
Conditional Use approval. Residential density is limited to a maximum of 12
dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal
Highway) where residential densities may be allowed up to a maximum of 16
units per acre subject to Conditional Use approval and the criteria outlined in the
Redevelopment Plan for that area.
Change:
REVISION
General Commercial: This designation is applied to land which is, or should be,
developed for general commercial purposes e.g. retail, office, services. Light
industrial type uses such as fabrication and assembly are permissible under this
designation when located in the special overlay district between Federal Highway
and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum
Floor Area Ratio of 3.0 is permitted for nonresidential uses. Residential uses
may comprise up to 15% of the total floor area. Residential uses are permitted
either in conjunction with a commercial use, or as a stand alone use subject to
Conditional Use approval. Residential density is limited to a maximum of 12
dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal
Highway) where residential densities may be allowed up to a maximum of 16
units per acre subject to Conditional Use approval and the criteria outlined in the
Redevelopment Plan for that area. Areas with this desiqnation, located within a
workforce housinq overlav district. mav also exceed 12 units per acre UP to a
maximum of 18 units per acre bv obtaininq densitv bonuses throuqh the provision
of workforce housinq units.
(3)
Comment: This revision is being made to implement strategies to encourage the
provision of workforce housing within the City. The increased density to a
maximum of 18 units per acre will provide an incentive; however, any density
increase that exceeds 12 units per acre will be subject to Conditional Use
approval and compliance with provisions of the Workforce Housing Ordinance.
4) Location: Pg. FL-23, Policy A-1.9 (Congress Avenue Corridor)
Policv A-1.9 The City shall create an overlay district for the Congress Avenue
Corridor and the Land Development Regulations shall be modified to facilitate
and encourage the development of Class A corporate offices within the district.
Change:
ADDITION
Comment: This addition is being made to encourage the development of Class
A corporate offices within the Congress Avenue Corridor.
TRANSPORTATION ELEMENT
5) Location: Pg. TR-48, Policy D-3.12 (NE/SE 1st Streets)
Policv D-3.12 To facilitate and encourage the redevelopment on NE/SE 1st
Streets and simplify traffic flow in the downtown area, the City and CRA shall
establish a plan by the year 2005 to change NE/SE 1st Streets from one-way
back to two way traffic flow.
Change:
ADDITION
Comment: The existing one-way way traffic flow for NE/SE 151 Streets
unnecessarily complicates traffic circulation in the downtown area, especially for
visitors unfamiliar with the area. The reversion back to two-way traffic flow will
eliminate this problem and make these streets more attractive for redevelopment.
6) Location: Pg. TR-48, Policy D-3.13 (US-1 Downtown)
Policv D-3.13 By 2006, the City and CRA shall establish a plan for
enhancement of the US-1 corridor (NE/SE 5th Avenue and NE/SE 6th Avenue)
between NE 4th Street and SE 4th Street through beautification and the provision
of improved safety, parking and pedestrian circulation.
Change:
ADDITION
Comment: The US1 corridor in this area has limited on-street parking, minimal
landscaping and narrow sidewalks which are not conducive to pedestrian
( 4 )
circulation. Enhancement of the corridor will improve safety and promote activity
beyond Atlantic Avenue.
7) Location: Pg. TR-41 Policy A.3.2 (North Federal Highway)
PolicV A- 3.2 The City and the CRA shall work with the M.P.O. to encourage the
Florida Department of Transportation to reduce the ultimate right-of-way for North
Federal Highway, north of George Bush Boulevard, from 120' to 100'.
Change:
ADDITION
Comment: The North Federal Highway Redevelopment Plan recommended
reducing the ultimate right-of-way for Federal Highway, north of George Bush
Boulevard, from 120'.to 100'. The Plan recommends that buildings be moved
closer to the roadway and parking be provide in the rear to provide a more urban
feel to the corridor. A major reconstruction of Federal Highway was completed by
the state in 1999. The modifications which included medians, bike lanes and
sidewalk enhancements were constructed within the existing 100 feet of right-of-
way.
HOUSING ELEMENT
8) Location: Pg. HO-11 (Table HO-15) & Pg. HO-21 (text) - Historically
Significant Housing.
TABLE HO-15
INVENTORY OF SIGNIFICANT HISTORIC HOUSING
NUMBER
TYPE OF LISTINGS OF PROPERTIES
Florida Master Site File 285
National Register of
Historic Places 4
Local Register of Historic
Places/Sites Individuallv 17
Local Register of Historic
Places/Historic Districts 5
Historically significant housing and neighborhoods are protected through the
City's Historic Preservation Ordinance. As noted in Table HO-15, there are
within the City 285 structures listed on the Florida Master Site File, four (4) on the
National Register, and seventeen (17) on the Local Register, as well as five (5)
locally registered historic districts. Most of the significant housing is located within
( 5)
the districts. Within these established districts the Historic Preservation Board
must issue a Certificate of Appropriateness for changes in use, new construction,
demolitions, and exterior building modifications. The City regularly evaluates its
older neighborhoods to determine if the age and character of the housing warrant
the creation of new districts. The City also promotes the preservation of historic
structures through the recently adopted tax abatement program, which allows for
the abatement of property taxes on improvements to qualified buildings for a
specified time period.
Change:
REVISION
TABLE HO-15
INVENTORY OF SIGNIFICANT HISTORIC HOUSING
NUMBER
TYPE OF LISTINGS OF PROPERTIES
Florida Master Site File ~ 1 347
National Register of
Historic Places -4-5
Local Register of Historic
Places/Sites IndividuallY 4-7 30
Local Register of Historic
Places/Historic Districts 5
Siqnificant historical properties Hictorically significant f:1ouSiAg and
noighborhoods archaeoloqical sites are protected through the City's Historic
Preservation Ordinance. As noted in Table HO-15, there are within the City
1.347 buildinqs or sites 285 ctructures listed in 00 the Florida Master Site File,
four (4) five (5) on the National Register, and soventeen (17) thirty (30) on the
Local Register, as well as five (5) locally registered historic districts. Most of the
significant housing stock is located within the districts. however. recent surveys
have indicated siqnificant concentrations outside of the desiqnated districts.
Within these established districts and for all indiYiduallY listed properties, the
Historic Preservation Board must issue a Certificate of Appropriateness for
changes in use, new construction, demolitions, and exterior building
modifications. The City regularly eyaluates and re-evaluates its older buildinq
stock and potential archaeoloqical sites noi€lhbomoeds to determine if the age
and historical. architectural or archaeoloqical character of the housing oropertv
warrant~ the creation of new districts or an individuallY listed propertv or supports
modification to an existinq desiqnation. The City also promotes the preservation
of historic structures through the recently adopted tax abatement program, which
allows for the exemption abatement of properly taxes for 00 improvements to
qualified properties buildingc for a ten year specified time period.
( 6)
Comment: The changes to the table and text are required to update the
information and reflect current conditions.
OPEN SPACE AND RECREATION ELEMENT
9) Location: Pg. OS-14 to OS-15, Needs and Recommendations
NEEDS AND RECOMMENDATIONS
Summarizing from the above and drawing upon additional information from the
source documents, the following needs and recommendations are put forth from
the Open Space and Recreation Element:
o Development of the southwest park site.
o Opportunities may exist for providing additional access to the Intracoastal
Waterway, preserving natural areas, and providing public park areas through
development of the FIND parcel (MSA 650), additions to the boat ramps at
Knowles Park, and enhancement of existing street ends at the Intracoastal
Waterway.
o Establish at least two additional playgrounds prior to build-out.
o Develop a scenic recreation network for bicycles and pedestrians.
o Encourage siting of appropriate private recreational facilities within the City.
o Develop a program, with funding requirements, to establish an information
exchange, staffed by City personnel, to act as a clearinghouse to encourage
and publicize recreational activities to meet the needs of all cultural and age
groups.
o Encourage other community partners, including religious and social
organizations, to join in the effort to provide leisure programs and activities for
the community as a whole.
o Develop a program, with funding requirements, to diversify recreational
programs to offer more alternative sports, music, drama, arts and crafts and
youth-in-government programs.
o Develop a program to establish small parks in neighborhoods. The program
would include identification of vacant or surplus parcels, and strategies to
assure that the neighborhood determines that parameters of the park and is
responsible for construction and operating costs. Such strategies should rely
heavily on existing neighborhood associations as the originating, motivating
and organizing forces.
(7)
o Expand the Community Center to provide needed office space while
maximizing multi-purpose room space for program needs.
o Develop a program, with funding requirements, for the reuse of Sarah
Gleason Park.
o Develop a program, with funding requirements, for field lighting at the Full
Service Center and Carver Middle School. The program will include cost
sharing by the School Board.
Change:
REVISION
NEEDS AND RECOMMENDA TIONS
Summarizing from the above and drawing upon additional information from the
source documents, the following needs and recommendations are put forth from
the Open Space and Recreation Element:
o Development of the southwest park site.
o Opportunities may exist for providing additional access to the Intracoastal
Waterway, preserving natural areas, and providing public park areas through
development of the FIND parcel (MSA 650), additions to the boat ramps at
Knowles Park, and enhancement of existing street ends at the Intracoastal
Waterway.
o Establish at least two additional playgrounds prior to build-out.
o Develop a scenic recreation network for bicycles and pedestrians.
o Encourage siting of appropriate private recreational facilities within the City.
o Develop a program, with funding requirements, to establish an information
exchange, staffed by City personnel, to act as a clearinghouse to encourage
and publicize recreational activities to meet the needs of all cultural and age
groups.
o Encourage other community partners, including religious and social
organizations, to join in the effort to provide leisure programs and activities for
the community as a whole.
o Develop a program, with funding requirements, to diversify recreational
programs to offer more alternative sports, music, drama, arts and crafts and
youth-in-government programs.
o Develop a program to establish small parks in neighborhoods. The program
would include identification of vacant or surplus parcels, and strategies to
assure that the neighborhood determines that parameters of the park and is
( 8 )
responsible for construction and operating costs. Such strategies should rely
heavily on existing neighborhood associations as the originating, motivating
and organizing forces.
o Expand the Community Center to provide needed office space while
maximizing multi-purpose room space for program needs.
o Develop a program, with funding requirements, for the reuse of Sarah
Gleason Park.
o Develop a program, with funding requirements, for field lighting at the Full
Service Center and Carver Middle School. The program will include cost
sharing by the School Board.
o Development of a NeiQhborhood Park in the northwest section of the Citv.
o Expansion of the Old School Square complex to accommodate an urban
park.
o Development of a Communitv Center west of 1-9S
Comment: The revisions are being made to reflect updated conditions and to
achieve consistency with the adopted City of Delray Beach Parks and Recreation
System Master Plan.
CAPITAL IMPROVEMENT ELEMENT
10) Location: Pg. CI.28 to CI-30, Table CI-CIP, Table CI-CIP (5-Year
Capital Improvements Schedule For Projects> $25,000)
See existing table attached as Support Document #S
Change:
REVISION
Comment: The City Commission has adopted the Capital Improvement Plan
(CIP) for FY200S-06 - FY2009-10. Therefore, the table has been revised to
reflect the new CIP. See revised table attached as Support Document #6.
11) Location: Pgs. CI-32 to CI-35, Table SD-CIP, School District of
Palm Beach County Six Year Capital Improvement Schedule
See existing table attached as Support Document #7
Change:
REVISION
( 9)
Comment: This table is the updated School District's Six Year Capital
Improvement Schedule referenced in CIP Element Policy A-8.3. See revised
table attached as Support Document #8.
PUBLIC SCHOOLS FACILITIES ELEMENT
12) Location: Pgs. PS-10 to PS-13, School District Concurrency Map Series
See the following existing maps attached as Support Document #9
. Map PS 1.1 - Concurrency Service Areas
. Map PS 2.1 - School Facility Locations
. Map PS 3.1 - Planned Additional Capacity
. Map PS 3.3 - Projected Additional Facility Demand 2004 - 2015
Change:
REVISION
Comment: These are the latest concurrency map series from the Palm Beach
County School District. Map PS 3.3 was replaced by Map PS 3.2. See revised
maps attached as Support Document #10.
. Map PS 1.1 - Concurrency Service Areas
. Map PS 2.1 - School Facility Locations
. Map PS 3.1 - Planned Additional Capacity
. Map PS 3.2 - Projected Additional Facility Demand SY 2010/11 - SY 2014/15
AMENDMENTS TO THE FUTURE LAND USE MAP I
CITY INITIA TED FUTURE LAND USE MAP AMENDMENTS:
. Future Land Use Map amendment for the public park within the Bexley Park
subdivision from LD (Residential Low Density 0-5 du/ac), in part and GC
(General Commercial), in part to OS (Open Space).
See Support Document #1 - Bexley Park - FLUM Amendment and Rezoning
staff report.
. Future Land Use Map amendment to assign City Future Land Use Map
designations concurrently with annexation via water service agreement of
approximately 10 acres of property for Valero Gas Station, Watkins Motor
Lines and Public Self Storage, Inc, located west of Military Trail, 100 feet
north of Conklin Drive. The current County Land Use Map designation is CH-
8 (Commercial High with an underlying High Residential, 8 units per acre) and
the proposed City designation is GC (General Commercial), in part and TRN
(Transitional), in part.
( 10)
See Support Document #2 - Valero Gas Station, Watkins Motor Lines &
Public Self Storage Facility - FLUM Amendment and Rezoning staff report.
. Future Land Use Map amendment for the Lee Burke property, containing
approximately 0.5 acres on the north side of Linton Boulevard, 660 feet west
of SW 4th Avenue, from RDA-3 (Redevelopment Area #3) to MD (Residential
Medium Density 5-12 du/ac).
See Support Document #3 - Lintco & Lee Burke Property- FLUM
Amendment and Rezoning staff report.
PRIVA TEL Y IN/TIA TED FUTURE LAND USE MAP AMENDMENTS:
. Future Land Use Map amendment for the Lintco multi-family site, containing
approximately 7.05 acres at the northwest corner of Linton Boulevard and SW
4th Avenue, from RDA-3 (Redevelopment Area #3) to MD (Residential
Medium Density 5-12 du/ac).
See Support Document #3 - Lintco & Lee Burke Property - FLUM
Amendment and Rezoning staff report.
. Future Land Use Map Amendment for Gramercy Square II, containing
approximately 4.85 acres on the west side of Military Trail, approximately 700
feet south of Atlantic Avenue, from County HR-8 (High Residential - 8 du/ac)
to City MD (Medium Density Residential 5-12 du/ac).
See Support Document #4 - Gramercy Square II FLUM Amendment and
Rezoning staff report.
s:\planning & zoning\longrange\comp\amend 05-2\revised 1st reading\05-2 maindoc city commission 1st read.doc
( 11 )
I COMPREHENSIVE PLAN AMENDMENT 05-2 I
CITY OF DELRA Y BEACH, FLORIDA
SUPPORT DOCUMENT #1
Bexley Park
FLUM Amendment & Rezoning Staff Report
I
8D#1
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
July 18, 2005
IV.D. (2)(a)
Future Land Use Map amendment from LD (Residential Low Density 0-5 du/ac)
in part and GC (General Commercial) in part, to OS (Open Space) and rezoning
from PC (Planned Commercial) in part, and PRO (Planned Residential
Development) in part, to OSR (Open Space and Recreation) for the public park
wilhin the Bexley Park Subdivision located on the east side of Military Trail north
of the L-31 Canal. (Quasi-Judicial Hearing)
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner...................................... City of Delray Beach
Applicanl..................___............... City Initiated
Location...................................... North of Lake Ida Road, between
Military Trail and Barwick Road,
within Bexley Park subdivision.
Property Size.............................. 11.15 acres
Existing Future Land Use Map.. LD (Low Density Residential, 0-5
dufac) in part and GC (General
Commercial) in part
Proposed F.L.U.M.................... OS (Open Space)
Existing Zoning........................... PRO (Planned Residential) in part
and PC (Planned Commercial) in
part
Proposed Zoning..................... OSR (Open Space and Recreation)
Adjacent Zoning................North: PRO
East PRD
Soulh: RM (Medium Density Residential)
West: PC
Existing Land Use...................... Vacant
Proposed Land Use.................... Future Land Use Map Amendment
and Rezoning to more consistent
designations to accommodate a
~aler Service.........................._.. ~~ Park.
Sewer Service............................. nla
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The action before the Soard is making a recommendation to the City Commission on a City initiated
Future Land Use Map amendment from LD (Low Density Residential 0-5 dulac) and GC (General
Commercial) in part to OS (Open Space) and rezoning from PRD (Planned Residential Development)
and PC (Planned Commercial) to OSR (Open Space and Recreation) for Bexley Park, generally
located north of Lake Ida Road. between Military Trail and Barwick Road. within the Bexley Pari<
subdivision.
Pursuant to Section 22.2(E) of the Land Development Regulations, the Planning and Zoning Board
shall review and make a recommendation to the City Commission with respect to FLUM and
Rezoning Amendments for any property within the City.
- - - - - - -
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The subject property has an extensive land use history and the following are the most recent land use
actions regarding the subject property:
In 2001, the City acquired approximately 55 acres of land at the City's northwest planning area. Under
direction of the City Commission, staff issued a Request for Proposal (RFP) to Master Plan the
property for future development The RFP emphasized several items including the provision of
moderate-income housing and the reservation of approximately 10-15 acres of the residential
component for a neighborhood park. At its meeting of November 5, 2002, the City Commission
approved the selection of the development proposal known as Bexley Pari<.
At its meeting on June 16, 2003, the Planning and Zoning Soard approved a Master Development
Plan for the entire 55 acre development The development includes a 264 lot subdivision located on a
55.187 acre site and includes 101 single-family zero lot line homes, 82 three-story townhomes, and
81 two-story triplex villas. The development proposal also incorporates the following:
. A publicly dedicated 11.15 acre pari< site;
. A 3.78 acre lake parcel;
A Conditional Use approval was granted on July 22, 2003 for a free standing multiple fal11lly
development on the 6.79 acre parcels zoned PC (Planned Commercial) located adjacent to-South
Military Trail, which was depicted on the previously described master plan. -
At its meeting of November 19, 2003, the Site Plan Review and Appearance Board approved a Class
II Site Plan ModifICation, Landscape Plan and Architectural Elevations for the development At its
meeting of February 17, 2004, the City Commission approved the preliminary/final plat for Bexley
Pari<. The Bexley Pari< residential components are under construction.
~
This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory
limits for consideration of plan amendments (F.S. 163.3187).
, land Use Analvsis:
Pursuant to land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land
uses and resulting structures must be allowed in the zoning district within which the land is
P & Z Board Staff Report
Bexley Part<. - FLUM Amendment and Rezoning
Page 2
situated and, said zoning must be consistent with the land use designation as shown on the
Future Land Use Map.
The underlying Future Land Use Map designation for the subject property is a combination of LD (Low
Density) and GC(General Commercial) and the proposed designation is OS (Open Space). The
Parks and Recreation Master Plan identifies this 11.15 acre site as a appropriate location for a
neighbOrhood part<.. The proposed zoning designation of OSR (Open Space and Recreation) will be
consistent with the proposed Future Land Use Map designation.
Based upon the abOve, a positive finding with respect to Future Land Use Map consistency can be
made.
.'
REQUIRED FINDINGS:
Future Land Use Element Policv A-1.7: Amendments to the Future Land Use Map must be
based upon the following findings:
o Demonstrated Need - That there is a need for the requested land use. The need must be
based upon circumstances such as shifts in demographic trends, changes in the
availability of land, changes in the existing character and FLUM designations of the
surrounding area, fulfillment of a comprehensive plan objective or policy, or similar
circumstances. The need must be supported by data and analysis verifying the changing
demographics or other circumstances. This requirement shall not apply to requests for the
FLUM designations of Consetvation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM designation is
being applied or when the requested designation is of a similar intensity to the advisory
designation. However, the findings described in the remainder of this policy must be
addressed with all FLUM amendments.
The basis for the FLUM change is that the existing FLUM designation of LD (Low Density
Residential 0-5 du/ac) and GC (General Commercial) will not accommodate the park use
envisioned for the site. The abOve policy does not require data and analysis to be provided to
support the newOSR FlUM designation; however, the adopted Parks and Recreation Master Plan
identifieS the demonstrated need which was adopted by the City COmmission in 2002.
a Consistency - The requested designation is consistent with the goals, objectives, and
policies of the most recently adopted Comprehensive Plan.
A review of !he applicable Comprehensive Plan Policies was undertaken and the following
appflCable policy was identified.
Open Space and Recreation Element Policy A2.14 - All planning for parks and recreational
faciliti.fJs shall be in accordance with the a<ioptedCity of Delray Beach Parks and Recreation
Master Plan
,
"
The proposed FLUM amendment is consistent with this policy as a directive of the Master Plan is
to provide additional neighbOrhood parks Citywide. The Park was depicted on the master plan and
dedicated in conjunction with the subdivision plat.
a Concurrency - Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
P & Z Board Staff Report
8exley Park - FLUM Amendment and Rezoning
Page 3
The proposed FLUM change and. rezoning will place the property in an open space category
rather than the current residential category. This wlll result in a reduction in intensity therefore
concurrency can be met and is not an issue.
Compatibility - The requested designation will be compatible with the existing and future
land uses of the surrounding area.
The requested designation of OS will be consistent with the surrounding land use designations
and will accommodate the proposed use of the property. Since the proposed park will primarily
serve the recreation needs for the immediate neighborhood and was depicted as part of the
Bexfey Park subdivision master plan compatibility is not an issue.
o Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
The SUbject property will be developed as a park and will be reviewed for compliance with the LOR
during the related site plan approval process. No problems are anticipated in meeting the LOR
requirements.
. -
~-~-- ~"--~~--~---~---~ ._-~-~~-------~ .~-----~-~---~~,---~~-----------'
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form wllicll is part of the off"lCial record. Tllis
may be achieved through information on the application, tlle Staff Report or Minutes. Findings
sllall be made by tlle body, which has the autllority to approve or deny the development
application. These findings relate to tlle Future Land Use Map, Concurrency, Comprehensive
Plan Consistency, and Compliance with the Land Development Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously
discussed under the "Future Land Use Map Amendment Analysis. section of this report. COmpliance
with the Land Development Regulations with respect to Standards for Rezoning Actions and
Rezoning Findings are discussed below. .
CONSISTENCY: Compliance witll the performance standards set fortll in Section 3.2.2
(Standards for Rezoning Actions), along witll the required findings in Section 2.4.5(0) (5)
(Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be
made. Other objectives and policies found in the adopted Comprehensive Plan may be used
in making a finding of overall consistency. .
Section 3.2.2 (Standards for Rezoninq Actions): Standard B, C and E are not applicable with
respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as
follows:
~
(A) The most restrictive residential zoning district that is applicable given existing
development patterns and typical lot sizes shall be applied to those areas identified as
"stable" and "stabilization" on the Residential Neighborhood Categorization Map.
Requests for rezonings to a different zoning designation, other than Community
Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied.
P & Z Board Staff Report
Sexley Pari<. - FLUM Amendment and Rezotling
Page 4
The surrounding residential areas are dassified as .Stable" residential areas on the
Residential NeighbortloodCategorization Map. The adjacent residential properties are zoned
PRD (Planned Residential Development) to the north and west, County AR (Agricultural
Residential) to the east, and RM (Medium Density Residential) to the south. The City-initiated
rezoning request is to a designation identified in the above policy, and therefore meets the
intent of this regulation. .
(D) That the rezoning shall result in allowing land uses which are deemed compatible with
adjacent and nearby land uses both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly mitigate adverse impacts from
the new use.
The property is surrounded by residential zoning districts. The proposed changes.will allow the
site to be developed into a community park to serve this immediate neighborhood and as such
should not be incompatible.
Section 2.4.5(01 (51 (RezoninQ FindinQsI:
Pursuant to Section 2.4.5{D)(5) (Findings), in addition to provisions of Section 3.1.1, the City
Commission must . make a finding that the rezoning fulfills one of the reasons for which the
rezoning change is being sought. These reasons inClude the following:
a. That the zoning had previously been changed, or was originally established, in error;
b. That there has been a change in circumstances which make the current zoning
inappropriate;
c. That the requested zoning is of similar intensity as allowed under the Future Land Use
Map and that it is more ~Ilropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The reason for the rezoning is "bRand .c". The change in circumstance is that the properly has been
annexed with \he eXj)(es~ purpose identified in the RFP of establishing a community park~ The
proposed land use changes and zoning change are necessary to accomprlSh that goal. Further, the
zoning designation of Open Space and Recreation is of similar intensity (if not less) and more
appropriate for the properly to accommodate the envisioned development of the parcel to benefit the
community.
The development proposal is not located within the geographical area requiring review by the CRA
(Community Redevelopment Agency).
COUrtesy Notices:
,
,
A special courtesy notice was provided to the following Homeowners and Civic Associations:
. Barwick Ranch Estates
'-;,
. Country Manor
. PROD (Progressive Residents of Delray)
. President's Council
P & Z Board Staff Report
Bexley Pall< - FLUM Amendment and Rezoning
Page 5
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the sUbject
property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board.
meeting.
- -
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. . ~ . ~ . .
- - - - ~ ;
. -. - --"--~---~~-- - --~-~--~ -~- ------ -~---- - -~._-~ - ~-~ -----
The existing FLUM designation of LO (Low Density Residential 0-5 dulac) and GC (General
Commercial) and zoning of PRD (Planned Residential Development) are inappropriate for the site in
light of the expressed purpose of the property per the RFP, dedication and the PaQ<s and Recreation
Master Plan. The FLUM amendment and rezoning will allow the development of the parcel as a
neighborhood park. As this intended use of the property was envisioned by the City and the
immediate neighborhood, it is appropriate to approve these changes. Positive findings can be made
with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the
Comprehensive Plan, and Sections 3.1.1, 3.2.2, and 2A5(D) of the Land Development Regulations.
- - - - -- - - - - -- - - - . ~- -
,~~"i~ ~ ~ -r~~~
- --~,._~ - ---- ._~--- - - _._.~- - "--- --~-~- .-_._-~ -----> - ~- ~--~ -. - ~"-
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the Future Land Use Map
amendment from LD and GC to OS and rezoning from PRD and PC to OSR for Bexley Park,
by adopting the findings of fact and law contained in the staff report, and a finding that the
request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections
3.1.1, 3.2.2, and 2.4.5(0) (5) of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the Future Land Use Map
amendment from LD and GC to OS and rezoning from PRD and PC to OSR for Baxley Park,
by adopting the findings of fact and law contained in the staff report, and a finding that the
request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth
in Sections 3.1.1, 3.2.2, and 2.4.5(0) (5) of the land Development Regulations_
- - - --- - - - - -- - - --- - --- - --- - --- -- - -
Move a recommendation of approval to the City Commission for the Future Land Use Map
arnendmentfrom LO and GC to OS and rezoning from PRO and PC to OSR for Bexley Park, by
adopting the findings of fact and law contained in the staff report, and a finding that the request is
consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and
2.4.5(0) (5) of the Land Development Regulations.
Attachments:
Existing & Proposed Future Land Use Map
Existing & Proposed Zoning Map
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I COMPREHENSIVE PLAN AMENDMENT 05-2 I
CITY OF DELRA Y BEACH, FLORIDA
SUPPORT DOCUMENT #2
Valero Gas Station, Watkins Motor Lines & Public Sellf Storage, Inc.
FLUM Amendment & Rezoning Staff Report
I
SD#2
PLANNING AND ZONING BOARD
Fulure land Use Map designation change !rom County CH-8 (Commefdal High with an lJf1derlying High
Residentiat. 8 dulac) 10 City TRN (Transitional) and rezoning from County CGISE (Commercial Gene<aI Special
Exception) to City SAD (Special Activities District) for Watkins Truck T ermina' and Public Storage Facilily; and
Future laod Use MaP. designation mange from County CH--8 (Commercial High wiUl. an Underlying H"egh
ResidentiaJ. 8 dulac) to City GC. (General Commercial) and rezoning from County CGlSE (Commercial
GeoeraUSpedal Exception) to City General Commercial (GG) for Valero Gas Station. The three parcels .are
cootained in a 9.13 acres site located on the west side of Military Trail approximately 1,400' south of Lake Ida
Road.
CITY OF DELRA Y BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
Juty 15. 2004
IV.D2.b.
GENERAL DATA:
Owner/Applicanl......................... City of Delray Beach
Agenl............_............................. City of Delray Beach
Localion..............._...................... West side of Military Trail
approximately 1400'
south of Lake Ida Road.
Property Size..............................
Existing County Future Land Use
Map Designation ........................
9.13 Acres
CH-8 (Commercial High
with an Undeflying High
Residential, 8 dulac)
Proposed City Future Land Use
Map Designation......................... GC (General Commercial)
in part, and TRN
(Transitional) in part.
Existing County Zoning............... CG/SE (Commercial
General Special Exception)
Proposed City Zoning................. GC (General Commercial) ,
in part. and SAD (Special
Activities Oistrict) in part
Ad t Z . N rth Palm Beach "';...-ty' Siilgle
jacen oiling..,............. 0 : """"
Family Residential (RS)
East: Residential Medium Oensity
(RM) andPlanited Office
Center (POC)
South: Palm Beach County Agricultural Residential '
(AR) and City Automotive Commetcial (AC)
West: Palm Beach County Agricultural
Residential CAR)
Existing Land Use..........,........... Truck Tenniilal. Storage
Facility, and Gas Station
"roposed Land Use.......m.......... Same as existing
Water Service_.....m..m............m 12- water maio located
\. along Military- Trail.
Sewer Setvice.......,..................... Sewer se<vice is available
from a lift station al the
north east comer of the site
---STAFF REPORT ---
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The action before the Board is that of making a recommendation to the City Commission on
Voluntary Annexation, Future Land Use Map Amendments and Rezoning as follows:
o Parcel 1 - Public Storage Facility: Future Land Use Map designation change from County.
CH-8 (Commercial High with an Underlying High
Residential, 8 dulac) to City TRN (Transitional) and
rezoning from County CG/SE (Commercial General
Special Exception) to City SAD (Special Activities
District).
."
o Parcel 2 - Watkins Truck Terminal: Future Land Use Map designation change from County
CH-8 (Commercial High with an Underlying High
Residential, 8 dulac) to City TRN (Transitional) and
rezoning from County CG/SE (Commercial General
Special Exception) to City SAD (Special Activities
District).
o Parcel 3 - Valero Gas Station:
Future Land Use Map designation change from County
CH-8 (Commercial High with an Underlying High
Residential, 8 du/ac) to City GC (General Commercial)
and rezoning from County CG/SE (Commercial
General/Special Exception) to City General Commercial
(GC).
The three parcels are contained in a 9.13 acres site located on the west side of Military Trail
approximately 1,400' south of Lake Ida Road.
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Plcinning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
-
- - - --- - ~~~-------- ~-- --- -~- -------- - ~ -- ---- -- ---
The subject property is 9.13 acre site which contains three parcels located on the southsideo( .
Canal L-32 and to the north of Conklin Drive and front on Military Trail. The property is bound to
the south by Tire Kingdom and La Sedona town house development To the west the property is
bound by the Rockland Park Single Family Subdivision located along Conklin Drive; to the north
by High Point of Delray West (Condo Development); and to the east (across Military Trail) by
High Point of Delray East (Condo Development) and Pylon Professional Center.
The Subject property contains Valero Gas Station, a Public Self Storage facility and Watkins
Truck Tenminal. The truck tenminal known as Watkins Motor Unes was legally established by
Resolution No. 71-299 approved on August 19, 1971 by the Board of County Commissioners
which modify the zoning from A-1 (Agricultural District) to 0.2 (General Commercial District) to
allow a truck tenminal facility (Watkins Motor Lines truck tenminal) on thenorthem portion of the
property. Valero Gas Station was legally established by Resolution No. 81-1212 approved on
September 29, 1981 by the Board of County Commissioners which granted a special exception
to allow an auto service station on the southeast portion of the property. The Public Self Storage
facility was legally established by Resolution No. 84-1857 approved on December 11, 1984 by
Planning and Zoning Board Staff Report: Meeting of 07118105
Valero Gas station, Walkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 2
the Board of County Commissioners which granted a special exception to allow an enclosed
storage facility on the southwest portion of the property.
The access to these parcels is directly from Military Trail. The property is under the jurisdiction of
Palm Beach County but is in a designated annexation area for the City of Delray Beach. The City
has an Advisory land use designation of TRN (Transitional) on the property that allows the
establishment of uses which are compatible with adjacent residential use. The applicants are
currently receiving water service from the City and are contiguous to the City limits to the east.
This water was provided pursuant to a water service agreement which contains an annexation
dause. The execution of that agreement was a consent to voluntary annexation under Florida
Statute 171.044(1), when the property is contiguous to the corporate limits of the City and the
City Commission deems it to be in the best interests to the City to annex the property. The Future
Land Use amendment and rezoning of the subject property will part. of Comprehensive Plan
Amendment 2005-2 September 2005 to be adopted in September 2005.
- - -~- .~ ---- ~ --- ---- ~--- -- --- ----~ , - --- --- -- -- --
'"- _ _ ______.____,__+_.__~ ___; ~h~t_~-.:-:' ,1;~1_~ .i-!:~=_ "_ :: ~~:~I'.l~~ ~_'~..:"J"~ "'~r~ _~___~.__ ~__"~
Current Land Use Oesiqnation: The current land use map designation for the property is
County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac). The current City
Advisory designation is TRN (Transitional).
Reauested Land Use Oesiqnation: The requested Future Land Use Designation is to City TRN
(Transitional) for Watkins Truck Terminal and the Public Self Storage facility and to City GC
(General Commercial) for Valero Gas Station.
Florida Statues Governinq Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 (1) "the owner or owners of real property in an
unincorporated area of the County, which is contiguous to a municipality and reasonably compact
may petition the governing body of said municipality that said property be annexed to the
municipality".
TIle proposed GC.land use designation for the Gas Station is not consistent with the advisory.
designation of Transitional. However, given the long standing use it WO!Jld appear inappropriate
to apply a designation which would make the existing use non-coofonming. In the case of the
other two uses they ate currenUy allowed in industrial districts. While the proposed zoning W1il
allow the uses to continue, the long term redevelopment of the sites to a use more conSistent
with the lransitionalland use and compatible with adjacent residential areas is desired.
Land Development Reaulations Governinq Annexations:
~
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owners consented to voluntary annexation via execution of the water service agreement.
It is notl;ld that all the parcels are subject to the voluntary annexation. The original agreement
was signed by Watkins Truck facility and parcels were later sold off for development as the Self
Storage and Gas Station facility. However, as the agreement runs with the land all these parcels
are now subject to annexation.
Planning and Zoning Board Staff Report: Meeting of 07/18/05
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 3
land Use Analysis:
. Consistency Between the City and County land Use DesiQnations:
. The proposed City Advisory Land Use Map Designation for the property is TRN (Transitional).
The existing County Future Land Use Map Designation for the property is CH-8 (Commercial
High with an Underlying High Residential, 8 dulac). The City's TRN Land Use Designation is'
consistent with the County's residential component of the CH-8 designation in that residential
developments with a density between five and twelve units per acre are allowed. However, the
Transitional land use designation does not allow commercial development other than that of a
neighborhood scale. Given the development of adjacent properties with predominantly residential
uses it would appear more appropriate to limit redevelopment to those allowed ij,l City zoning
districts consistent with a Transitional land use designation (office, medium density residential, or
neighborhood residential commercial) rather than heavy commercial uses.
Adjacent land Use Map DesiQnatlons, ZoninQ OesiQnations and land Uses:
The following zoning designations and uses abut the subject property:
Use
Zoning Designation
North: Palm Beach County Single Family High Point of Delray West (Condo
Residential (RS) Development)
Palm Beach County Agricultural Rockland Park Single Family
South: Residential (AR) and City Automotive Subdivision (Along Conklin Drive)and
Commercial lAC) Tire Kinodom
Residential Medium Density (RM) and High Point of Delray East (Condo
East: Planned Office Center (POC) Development) and Pylon Professional
Center
W'~t: Palm Beach County Agricultural Rockland Park Single Family
Residentia(lARl SUbdiviSion '"'-Conklin Drivel
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,
North: NOrth of the subject property, has a Palm Beach County zoning of RS (Residential single
Family). The property is developed and contains multiple famtly structures.
South: To the south, across Conklin Drive, has a Palm Beach County land use designation of
LR-3 (low Residential 3 - dulac) and a City Land Use designation of MD (Residential Medium
Density). The property is zoned County Agricultural Residential (AR). The existing land use is a
single family subdivision located along the perimeter of Conklin Drive. Also, to the south (at the
intersection of Conklin Drive and Military Trail) the property is zoned County Commercial General
Special Exception (CGlSE) and is vacant land.
West The abutting property to the west has a Palm Beach County land use designation of LoW
Residential 3 - dulac (LR-3) with a City land use designation of MO (Residential Medium .
Density). The property is zoned County Agricultural Residential (AR). The existing land use is a
single family home and horse farm located ona five acre parcel.
Planning and Zoning Board Staff Report: Meeting of 07118/05
Valero Gas Station. Watkins Truck Terminal. Public Storage Facility
Annexation. FLUM Amendment with llritial Zoning of GC and SAD
Page 4
East: East of the property (across MIlitary Trail) has a City land use designation of MD (Medium
Density Residential) 5-12 dulac) and is zoned RM (Residential Medium Density). The property to
the east is known as High Point of Delray East Condo development.
Staff is recommending that although the adjacent development pattern to the west and to the
north. and a portion to the south consists of RL (Multifamily Residential Low Density) and AA
(Agricultural Residential) a land use change to General Commercial and rezoning of GC (General
Commercial) for the southeast portion of the property, and a land use change to Transitional
(TRN) and rezoning of SAD (Special Activities District) for the balance of the property can be
supported. This rezoning will maintain consistency with the development pattern to the south
and will avoid creating non-conforrning structures of these previously legally es~blished uses.
The Transitional land use and SAD zoning will allow flexibility in future developrrl~nt but will not
promote further industrial development upon redevelopment as currently exists on the site.
Allowable Land Uses:
Under the proposed GC (General Commercial) zoning designation gasoline stations are allowed
as a conditional use [Ref: LOR Section 4.4.9(0)(9)]. Within the SAD (Special Activities District)
zoning designation all uses which are allowed are established at the time of establishment of the
SAD zoning through inclusion in the rezoning ordinance. Additional uses may be allowed after
review and recommendation by the Planning and Zoning Board and approved (via ordinance) by
the City Commission. Therefore. the existing Truck Terminal and Public Self Storage Facilities
will become permitted uses with the adoption of the SAD zoning for this site_
REQUIRED FIDINGS:
LAND DEVELOPMENT -REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to LOR Section 3.1.1, prior to approval of Land Use applications, certain findings
must be made in a form which is part of the official record. This may be achieved through
information on the application, written materials submitted by the applicant, the staff
report, or minlites. Findings shall be made by the body which has the authority to
approve or deny the development application. These findings relate to the Future Land
Use Map (FLUM), Concurrency, .Comprehensive Plan Consistency, and Compliance with
the land Development Regulations.
a Future'Land Use Map: The resulting use of land or structures must be allowed In the.
zoning district within which the land is situated and said zoning must be consistent
with the applicable land use designation as shown on the Future Land Use Map.
Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map). all land
uses and resulting structures must be allowed in the zoning district within which the land is
situated. and said zoning must be consistent with the land use designation as shown on the
Future Land Use Map.
\
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The proposed General Commercial (GG) zoning district is consistent with the proposed
General Commerdal (GG) FlUM designation. Under the proposed GC (General Commercial)
zoning district gasoline stations are allowed as conditional use to the GC District. The SAD
zoning is deemed consistent with any land use designation on the Future Land Use Map and
has been established to aHow for projects which are not otherwise classified in other zone
districts. With the adoption of the SAD (Special Activities District) zoning designation the
Planning and Zoning Board Staff Report: Meeting of 07/18105
Valero Gas Station, Watkins Truck Tenninat Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 5
public self storage facility and truck tenninal will become permitted uses at that site. This win
allow the current uses to remain conforming yet not encourage future industrial
redevelopment. Based on the above, positive findings can be made with respect to FLUM
consistency.
a Concurrency: Development at the highest intensity possible under the requested,
designation can meet the adopted concurrency standards.
The proposal involves amending the FLUM designation from CH-8 to GC for the southeast
portion of the property and to TRNfor the remaining balance on a 9.3 acres site that contains
three parcels. The proposed FLUM Amendment will accommodate existing uses. While
impacts will not increase they will shift from County providers to City providers. .~t is noted the
City has provided the site with water service for many years and will continue to do so upon
annexation. Concurrency findings with respect to .Solid Waste and Sewer are discussed
below:
Solid Waste: The existing 924 square feet of gasoline station floor area generates 13.63 tons
of solid waste per year (924 sq.ft x 29.5.12,000 Ibs. = 27,258 Ibs or 13.63 tons). The existing
49,423 square feet of public storage floor area generates 128.50 Ions of solid waste per year
(49,423 sq.ft x 5.2.12,000 100. '= 256,9991bs or 128.50 tons). The existing 17,980 square feet
of truck terminal floor area generates 82.71 tons of solid waste per year (17,980 sq.ft x
9.2.12,000 Ibs. = 165,416 Ibs or 82.71 tons). Total waste generated by the existing uses is
225 tons. This amount of solid waste can be accommodated by existing facilities and thus,
will not have a significant impact on this level of service standard. The Solid Waste Authority
has indicated that its facilities have sufficient capacity to handle all development proposals
and existing facilities till the year 2024.
Sewer: Sewer service is available from a lift station at the northeast comer of the site.
Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central
County Waste Water Treatment Plant for the City at build-out.
..;"
a Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based upOn
the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstra(ed Need -- That there is a need for the requested land use. The need must.
be based uponclrcumstances such as shifts in demographic trends, changes in the
availability Of land, changes in the existing character and FLUM designations of the
sutrottnding area, fulfillment of a comprehensive plan objective or policy, annexation
into the municipal boundaries, or similar circumstances. The need must be supported
by data and analysis verifying the changing demographics or other circumstances,
This requirement shall not apply to requests for the FLUM designations of
Conservation or Recreation and Open Space; nor shall it apply to fLUM changes
assOCiated with annexations when the City's Advisory FLUM designation is being
applied. or when the requested designation is of a similar intensity to the Advisory
designation. However, the findings described in the remainder of this policy muSt be
addressed with all FLUM amendments.
~
Planning and Zoning Board Staff Report: Meeting of 07/18105
Valero Gas Station, Watkins Truck Tenninal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 6
The proposal involves annexation of unincorporated properly which requires changing the
FLUM designation from County to City. The current County FLUM designation is CH-8
(Commercial High with an Underlying High Residential, 8 dulac) and the proposed City's
designation is GC (General Commercial) for the southeast portion of the properly, which
provides basic regulations for small parcels that are best suited for general retail use !)ut
which are not of sufficient size to be designed in a planned sense. The proposed City's land
use designation for the balance of the properly is TRN (fransitionaJ). The City's FLUM
designation being applied is also the City Advisory designation of TRN. As the designations
are either the adopted City Advisory designations (fRN) or are of similar intensity and more
appropriate given existing approved development (General Commercial), the data and needs
analysis are mel .'
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in
a manner so that the future use and intensity is appropriate 'In tenns of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject property at the time it was established did not have any unique environmental
characteristics that would have prohibited development of the site or reqUire mitigation
measures, The properly was developed in a manner that was complimentary to the adjacent
use located to the south (a tire and auto-repair service known as Tire Kingdom) and also to
the adjacent residential areas with the provision of a buffer along the west, and south portion
of the site.
It is noted, that Resolution No. R-81-1212 of the Board of Commissioners of Palm Beach
County made the following rltlding of fact with regards to the gasoline station:
1. The proposal would be in hannony and compatible with the present and future
development of the area concemed.
ltis also noted, that resolution No. R-84-1857 of the Board of Commissioners of Palm Beach
County allowed an enclosed storage facility on the properly subject to the following
conditions:
1. The Property Owner shall convey for the ultimate rigj,t-of~way of Military Trail, 60' feet
from centerline approximately an additional 10 feet within 90 days of adoption of the
resolution. by the Board of County Commissioners; conveyance must be accepted by
Palm Beach County prior to issuance of first building pennit;
,
2. The developer shall be pennitted only one access onto Military Trail within the existing
20 foot ingress/egress easement.
3. Prior to cedification by the Site Plan Review Committee, the site plan shall be
modified to reflect:
. Placement of a required 6' masonry wall along the westem and southem property
lines so that tree planting may be included between the wall and property line
(extemal to the enclosing wall). Adequate space shall be allowed to pennit
maintenance of the plantings;
Planning and Zoning Board Staff Report: Meeting of 07118105
Valero Gas Station, Watkins Truck Tennlnal. Public Storage Facility
Annexation, FLUM Amendment with initial Zoning of GC and SAD
Page 7
. Canopy trees 8' - 12' in height planted 20' on center average, along the southern
and western boundaries of the site, placed between the required masonry wall
and the property lines;
. Canopy trees 10' - 12' in height, planted 30' on center average, along the site's
frontage on Military Trail.
It is also noted, that resolution No. R-71-299 of the Board of Commissioners of Palm Beach
County rezoned the northeast portion of the subject properly (Walkins Motor lines Truck
Terminal) from A-1 (Agricultural District) to C-2 (General Commercial District) to allow the
Truck Terminal facility on the properly. :.
Compatibility - The requested designation will be compatible with the existing and
future land uses of the surrounding area.
As described previously, the GC (general Commercial) land use designation will be
compatible with adjacent development pattern to the south of the subject properly which has
a City zoning of AC (Automotive Commercial). However, compatibility with the abutting low
density residential properties to the south (Conklin Drive), and to the north and west (High
Point of Delray West Condo) is of some concern. With existing commercial developments of
this kind, the City requires that trees must be inslalled every 25' along the south and west
properly line abutting single family residences. With future modifications to the site these
regulations will be applied. This along with other LDR requirements will assure compatibility
with surrounding uses.
Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
At this time no issues have been identified which would indicate non-compliance with the
requirements of the GC and SAD zoning district. Buffering particularly with respect to the
adjacent single family areas to the south and west as required by the approved County sites
plans and must be maintained.
- -
~ _ _ _ _ __ _ _ _ _ _ _ _ __ __ _ _ __ _ __ ~ _ 0
Florida Statues Governinq Voluntarv Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated. area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said properly be annexed to
the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves".
,
,
.
Planning and Zoning Board Staff Report: Meeting of 07/18105
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 8
Land Development ReQulations Goveminq Annexations:
Pursuant to the land Development Regulations 2.4.5 (C) (1) "the OWller of land may seek the
annexation of contiguous property, under his ownership' pursuant to Florida Statutes. The
. Original property owner for all three parcels has consented to voluntary annexation.
._". --
CONSISTENCY WITH THE CITY '5 COMPREHENSIVE PLAN:
Deslqnated annexation area: The territory to be annexed is located within the designated
annexation area (Area F) located on the west side of Military Trail north of Atlantic Avenue.
Annexation of the subject territory is consistent with the Future Land Use E1emetJt Policy B-3.5,
which calls for annexation of eligible properties throl1gh voluntary annexations as the
opportunities arise.
CONCURRENCY:
Provision of Services: Future Land Use Element B-3.1 states that when annexation of .
property occurs, services are to be provided in a manner which is consistent with services
provided to other similar properties already in the City. What follows is a discussion of required
services and the manner in which they will be provided.
Police: The subject property is currently served by the Palm Beach County Sheriff's Office,
located at 345 South Congress Avenue, which serves the South County area. The property lies
within Sheriff Patrol zone 7. Zone 7 is bordered by EI Clair Road on the west, the Attantic
Ocean on the east, and Boynton Beach on the north and Atlantic Avenue to the south. One
officer is assigned to a particular zone during a shift (three shifts per day)_ The City of Delray
Beach's Police Department has 14 cars per shift patrolling a 15 square mile area during the day
and 15 cars during the night; and as a consequence, response time is significantly improved
upon annexation. Annexation will not require additional manpower since the police currently
pass the property during routine patrolling to the north, west and east of the property.
Fire and Emeroencv Services: The municipal area is served by Rre Station No.4 (Barwick Road
and Lake Ida Road). With annexation, the property will receive an improved response time from
the current 5.5 minutes of the County's Rre Department (Rre Station #42 located on Hagen
Ranch Road close 10 the Turnpike) to 2.5 minutes for the City's Fire Department (Rre Station #4
located at Barwick and Lake Ida Road)_
Water and Sewer: City services regarding water and sewer have previously been discussed
under Future Land Use Analysis section of this report.
streets: The subject property has direct access to Military Trail which is under the jurisdiction of
Palm Beach County. The jurisdictional responsibility immediately adjacent to the property
change as both side of the street will be within the City limits. However, associated road
l maintenance will not change upon annexation.
,
,
.,;-
Planning and Zoning Board Staff Report: Meeting of 07/18/05
Valero Gas Station. Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 9
Finallclallmpacts:
Effect upon Annexed Property:
The following table depicts the current assessed value and total (County) taxes for the subject
properly: . ---
',-,'~ - -'
42461400000101 $1,304,531.00
42461400000114 $2,000.000.00
424614000001150 $490,000.00
TOTAL $3,794,531.00
'~~EBfDim
IImmilI mIimlmmJ
.-mEil1 mmImmmJ
IEmBI ImimlmmJ
$25,445.00
$39,010.00
$9,558.00
$74,013.00
27.119.00
41,604.00
10,027.00
$78,750.00
$30,950.52 $5,505.52
$47,450.80 $8,44Q,80
$:~ 1,625.44 $2,067.44
$90,026.76 $16,013.76
For the 2005 tax year the subject properly (three parcels) had a combined assessed value of
$3,794,531. With the change from County to City jurisdiction, the following taxes and rates will
be affected:
-
. - .
- - - -
- ~---- - -- - -----
Fire/Rescue MSTU
Palm Beach County lib.
Palm Beach Co.lib.Debt
Florida Inland Navegation
Health Care Disbict
Children Service Council
Palm Beach Coun
Palm Beach County Debt
Public Schools Debt Serv.
Public Schools loe.Board
Public Schools State law
SFWMD District
SFWMD Everglades Cons!.
. of DeIra Beach.
City of Delra Beach Debt
12.138.70
2,050.19
153.30
146.09
4,173.98
2,618.99
17 ,075.39
1.015.79
1.039.70
9,835.42
21,120.36
2,265.34
379.45
0.00
0.00
0.00
146.09
4.173.98
2.618.99
17.075.39
1,015.79
1.039.70
9,835.42
21,120.36
2,265.34
379.45
0.00
0.00
0.00
0.038500
1.099999
0.690201
4.SOOOOO
0.267698
0.274000
2.591999
5.S66000
0.597001
0.099999
7.466100
0..S33900
DElE!l;
DELETE
DELETE
* Total lax millage in the county is 19.505098 mills while in the city the total rrnllage is 23.725398
miUs. Therefore the difference is 4.220221 mills.
The current yearly ad valorem taxes are $74,013. With annexation the yearly ad valorem taxes
will be $90,026.76, (74,013+16013-16:;90,026.76); a tax difference of $16,013.76
(3,794,531 x4.22022111 000:;16,013-16). In addition to properly taxes, the following Non Ad
Valorem fiscal responsibility will apply:
\
.
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the buildings, parking areas, etc. For non-residential units the assessment fee
is calculated using the following formula (# sq.fl of impervious area 68,327/2,502) X
$54)11,OOlF=1,474.68). As the properly contains a nonresidential use, this assessment would be
imposed in the amount of approximately $1,474.68. A further increase based upon new
Planning and Zoning Board Staff Report: Meeting of 07118105
Valero Gas Station. Watl<lns Truck Terminal. Public Storage Facility
Annexation. FLUM Amendment with Initial Zoning of GC and SAD
Page 10
impervious surfaces will be realized with future devefopment/redevelopment of the site_ A 25%
discount from the assessment is avaIlable since the property is within the Lake Worth Drainage
District. An additional 25% is also available as drainage is retained on site_
Occupational License Fees - The gas station. public storage facility and truck terminal have an
occupational licenSe. With the annexation, these facilities must obtain an occupational licenSe
from the City. in addition to the County's license. The City license fee is $142.
Solid Waste Authority - The Military Trail annexation areas are serviced under a new contract
by Waste Management (pursuant to a contract awarded October 1. 2003). City's contract is
currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a) " if a party
has an exclusive franchise which is in effect for at least six months prior to the 1(1iliation of an
annexation. the franchise may continue to provide such services to ttJe annexed area for five
years or the remainder of the franchise term whichever is shorter". As the waste provider is
currently the same this annexation will have no impact. For non-residential units the assessmen~_
fee for sofid waste collection is calculated using the following formula (# sq.fl. of impervious area
68.327*$17.09)/1.000=$1,167_70).
Resulting Impacts to Property Owners:
-
, -
, __ __ _ _ _ _ __~_~_c~-'
- - - - - - - - -- - - - - - - - -- - - - --
--~-- - - -- ~ - --- -----~-- ~
AD VAlOREM TAXES 2005
City MHls. County Mills
23.7254 19.50518 =
NON AD VAlOREM TAXES 2005
8lonnwatei' Assessment
Solid Waste Collection
WATER &. SeweA. utlUTY FEES
A$ft,IAL F~ IMPACT:
+ $16,013.76
4.2203
. Nre Response
$1.474.68
$1.167.71
$0.00
+ $18;6li6.1!i
+
Faster respoi15e frotnan esmnated 5.5
minutes to 2.5 minutes . .
Faster reSpOnSe from an estimated 5.5
minutes Coon to 2.5 minutes Ci .
Better response based upon more officers
inlield; 14 palroU Cars per shiftdaylime,
15 cars du' 1he'
Pro-active vs reactive opportunity .to work
with .owners.
+
Emergency Medical
SelVices EMS
Police
+
Code Enforcement
+
~
Fiscal Impacts to the City: At the 2004/2005 City operating mileage of 7.4661mills and debt
rate of 0.5339 mills, the property will generate approximately $16,014.06 in new ad valorem
taxes per year. Additional revenues will be reafized through increased assessment value, the.
annual collection of the storm water assessment fee as well as utility taxes (9.5% electric, 7%
telephone) and franchise fees on electric, telephone, and cable.
,
Planning and Zoning Board Staff Report: Meeting of 07/18105
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FlUM Amendment with initial Zoning of GC and SAD
Page 11
IW VALOREM TAXES 2005
City of Delray Beach (7.4661 Mills) $28.330.35
atV of Delrav Beach Debt (0_5339 M~ls) $2,025.90
SUB-TOTAL $30,3$.25
NON-AD VALOREM TAXES
Storm Water UtilitY (# sq.ft of im area/2,502) X $54) $1,474.68
SUB-TOTAL $31,63O.9i
PARK AND RECREATION IMPACT FEE
$500 oar dwelfUlQ $0.00
TOTAL $31,630.93
- - --~--- - ---~ - - -- - - - --- . ~-~--
_ - , ,<_ L
------ ------~ -~------~-- +~~---------- --- -- - --~ -~~-~------~~-~--.
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LDR were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings
are discussed below.
The proposed City zoning designation is GC (General Commercial) and SAD (Special Activities
District) while the current County zoning designation is CG/SE (Commercial GeneraVSpecial
Exception).
The surrounding zoning designations are: County AR (Agricultural Residential) to the west; City
RM (Residential Medium Density) and POC (Planned Office Center) to the east; County RS
(Single Family Residential) to the north and a portion of the south; and County AR (Agricultural
Residential) and City AC (Automotive Commercial) to the south.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the Cldopted Comprehensive Plan was conducted and
the following applicable objectives and pO!icil:!s are noted:
Polley 8-3.2 - Water and sewer facilities may be provided to unincorporated areas by the
City, upon demand, in a manner consistent with Policies of the City. The provision of
water facilities shall be accompanied by an agreement to voluntary annex upon eligibility
unless the prQperty is already eligible in which case, annexation shall precede the
provision of service.
This annexation is consistent with this policy as well as the City Commission poticy relating to
annexation of contiguous properties if City services are required. This request is also consistent
with Future Land Use Policy A-1. 7 which has been previously discussed.
~
REQUIRED FINDINGS: (Chapter 3)
Previously discussed under Land Use section of this report
Planning and Zoning Board Staff Report: Meeting of 07/18105
Valero Gas Station, Watkins Truck Tenninal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 12
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
CONSISTENCY: Compliance with the perfonnance standards set forth in LOR Section
3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), shall be the basis upon
which a finding of overall consistency is to be made. other objectives and policies found
in the adopted Comprehensive Plan may be used in making a finding-of overall
consistency.
Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously
discussed under the Future Land Use Map Amendment and Zoning analysis sections of
this report.
"
Section 3.2.2 (Standards for Rezonina Actions): Standard "A", "8", "C",.and "E" are not
applicable with respect to this rezoning request. The only applicable performance
standard of Section 3.2.2 is as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The initial GC and SAD zoning designations will allow the existing facilities to continue
to operate. It is noted, that south of the subject properly has a City Land Use
Designation of CG (Commercial General) and is zoned AC (Automotive Commercial).
The properly is developed and contains a tire store and automobile repair facility (Tire
Kingdom) which is consistent with the type uses of the subject properly (Public Self
Storage facility, Watkins Truck Terminal, and Valero Gas Station). Staff is
recommending that although the adjacent development pattern to the west, and south
of the subject properly consists of AR (Agricultural Residential) and RS (residential
Single Family) to the north a rezoning of GC (General Commercial) and SAD (Special
Activities District) are appropriate. This rezoning will maintain consistency with the
development pattern South of the subject properly and will avoid creating non-
conforming uses that have been in operation since December 11, 1984 (Public
Storage f<;lcility), August 19, 1971 (Watkins Motor Unes - Truck Terminal), and
September 29, 1981 (Valero Gas station).
Section 2.4.5 (D) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LOR Section 2.4.5(0) (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change Is being sought. These reasons
include the following:
(a) That the zoning had previously been changed, or was originally established, In
error;
~
.~
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
.."
Planning and Zoning Board staff Report: Meeting of 07/18105
Valero Gas Station, Watkins Truck Tenninal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 13
(C) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it. is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicant is applying for annexation of this property into the City and the annexation
requires that an appropriate City zoning designations be applied. The GC (General
Commercial) and SAD (Special Activities District) zoning are appropriate as they are
consistent with the County CGlSE (Commercial GeneraVSpecial Exception).
-- -- - ------ - - --- -~------ ---- --- ---- --- ------~- ~-
- ,--
-" - ~
- - - ,
~ -
. - -
~ -------------~~- ~--- ------ ---~-~-- - ~-----~- ~-~--~---'-'-*--~-~--~
The subject properties are not in an area that requires review by the Community RBdevelopment
Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
On June 29, 2005 the Palm Beach County Planning Division was notified of the City's intent to
annex this property. To date no reply has been received.
Lake Worth Drainaqe District:
On June 29, 2005 Lake Worth Drainage District was notified of the City's intent to annex this
property.
IPARe Notice:
On June 28, 2005, notice of the Future Land Use Amendment has also been provided to the
Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to
adjacent municipalities. No objections have been received.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
a Jeny FranciOsa, PROD (Progressive Residents of Delray)
a Carolyn Zimmerman, Presidents Council
. a Frances Chassen
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Additional letters of support or objection, if any, will be presented at the Planning and
Zoning Board meeting.
- - --
. -- - - - ~- - -- . - ---- ~-~- --~- -- ------- -----------~ --- ------.-- ----
I
I
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and service area. The application of initial zoning
, designations of GC and SAD are consistent with existing land uses and the existing County
zoning (CG/SE) for this property.
Planning and Zoning Board Staff Report: Meeting of 07118105
Valero Gas Station. Watkins Truck Tenninal. Public Storage Facility
Annexation. FLUM Amendment with Initial Zoning of GC and SAD
Page 14
The annexation will provide with better Police. Fire. EMS and Code Enforcement services. The
property will experience a slight increase in ad valorem taxes. The City will receive additional
revenue from properly taxes. in addition to stann water assessment fees. utility taxes, francflise
fees. and licensing fees. The total immediate revenue increase is approximately $31,830.93, a
year. Based upon the above, the proposed Annexation, Future Land Use Map Amendment and
associated Rezoning application should be approved. . .
--- - - - --- --_.------- ---- ------ -------- - --~----- - - .------ -- ~------- ---
- - . - - -
. .'
- - "- - -=- - ,'"
L_ _ _ .__.__~_ __ .______ ____ ___~~::._____ ~_ ~-----~~----~--~- ----- -----~-~
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the volun~ry annexation,
FLUM Amendment from County CH-8 to General Commercial (GC) in part and Transitional
(TRN) in part, and the initial zoning designation of General Commercial (GC) in Part and
Special Activities District (SAD) in part, for the subject property. by adopting the findings of
fact and law contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)
(5), 3.1.1 and 3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the voluntary annexation,
FLUM Amendment from CH-8 to General Commercial (GC) in part and Transitional (TRN) in
part, and the initial zoning designation of General Commercial (GC) in part and Special
Activities District (SAD) in part, for the subject property, by adopting the findings of fact and
law contained in the staff report, and finding that the request and approval thereof is not
consistent with the Comprehensive Plan nor meets the criteria set forth in Sections 2.4.5(D)
(5), 3.1.1 and 3.2.2 of the Land Development Regulations, subject to the following condition:
r-- - --~~ ~--------- - - --- ---- - - ----.- - -----~ - -- -. -~- ---- ------
I - . - - '- --"
, > - 2 _ <.:;-- -
. - -- - - -"-_. - . - -- -- -----~--- --- ~ -~-- ---- --<-" - ~ ~ - -- -- - -------- -~-
Move a recommendation of approval to the City Commission for the voluntary annexation, FLUM
Amendment of:
o Parcel 1 - Public Storage Facility: FLUM amendment from County CH-8 (Commercial High'
with an Underlying High Residential, 8 dulac) to. City
TRN (Transitional) and rezoning from County CG/SE
(Commercial General Special Exception) to City SAD
(Special Activities District).
o Parcel 2 - Walkins Truck Tenninal: FLUM amendment from County CH-8 (Commercial H"l9h .
with an Underlying High Residential. 8 dulac) to City
TRN (Transitional) and rezoning from County CG/SE
(Commercial General Special Exception) to City SAD
(Special Activities District).
I
o Parcel 3 - Valero Gas Station:
FLUM amendment from County CH-8 (Commercial High
with an Underlying High Residential. 8 dulac) to City GC
(General Commercial) and rezoning from County CG/SE
(Commercial GeneraVSpecial Exception) to City General
Commercial (GC).
Planning and Zoning Board Staff Report: Meeting of 07/18105
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with initial Zoning of GC and SAD
Page 15
by adopting the findings of fact and law conlained in the slatt report, and finding that lhe request
is consistent with the Comprehensive Plan, and does meet the criteria set forth in Sections
2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments: Location Map .
staff Repod Prepared by: Este/io Breto, Senior Planner
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I COMPREHENSIVE PLAN AMENDMENT 05.2 I
CITY OF DELRA Y BEACH, FLORIDA
SUPPORT DOCUMENT #3
Lintco & Lee Burke Property
FLUM Amendment and Rezoning Staff Report
SD#3
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: July 18, 2005
AGENDA ITEM: IV.D.(2)(c) and I.V.D(2)(d)
ITEM: Future land Use Map amendment from RDA-3 (Redevelopmenl Area #3) Ip
MD (Residential Medium Density 5-12 dulac) and rezoning from R-1-A (Single
Family Residential) to RM (Medium Density Residential) for the lee property and
Untco multi-family site, located at the northwest corner of Linton Boulevard and SW
4..Avenue. (Quasi-Judicial Hearing)
GENERAL DATA:
Owner...................................... Burke Lee and Lintco
Applicant.................................... Lee Property: City-initiated
Lintco Property: Privately-
initiated
Location...................................... Northwest corner of Linton
Boulevard and SW 4" Avenue
Property Size............................._ 0.5 acre (lee Properly)
7.05 acres (Lintco Property)
Existing Future Land Use Map.. RDA-3 (Redevelopment Area #3)
Proposed F.LU.M...m.....m...... MD (Residential Medium Density,
5-12 du/ac)
Existing Zoning........................... R-1-A (Single Family Residential)
Proposed Zoning..........:m....... RM (Medium Density Residential)
Adjacent Zoning................North: RM & R-1-A
East POD (Professional Office District)
& MIC (Mixed Industrial and
Commercial)
South: PC (Planned Commercial)
West: CF (Community Facilities) & R-1-
A
Existing Land Use...:.................. Vacant and Single Family
Residence
Proposed Land Use.................... Future Land Use Map
Amendment and Rezoning to
accommodate a proposed
;. multiple family development that
. will contain workforce housing.
Water Service............................. nla
~er Service............................. nla
LINTON
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The action before the Board is that of making a recommendation to the City Commission on the
following Future Land Use Map Amendments from RDA-3 (Redevelopment Area #3) to MD (Medium
Density Residential 5-12 dulac) and Rezoning from R-1-A (Single Family Residential) to RM (Medium
Density Residential) for properties generally located at the north west corner of Linton Boulevard and
SW 4" Avenue: .
. The Future land Use Map Amendments involve thirteen (13) parcels totaling 7.55 acres (See
attached Map):
o Area A - Untco Property: A privately-initiated request involving thirteen (12) parcels containing a
total of 7.05 acres. .:
o Area B - Burke Lee Property: A City-initiated. request involving a 0.5 acre parcel.
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board
shall review and make a recommendation to the City Commission with respect to FLUM Amendments
or Rezoning of any properly within the City.
_~___ ___~_____~~_._.__ ~-:_':-'v::\"~~::,",,k_~ _", ~~~_~__~
The proposal involves 13 parcels, which are located within the Southridge/S.W. 4th Avenue
Redevelopment Area. These lots are unplatted and undeveloped, except for an existing single family
house (0.5 acre parcel) next to the Fire Station. The vacant parcel consists of 12 acres under one
ownership (7.05 acres) and the existing single family residence next to the fire station is under
separate ownership (0.5 acres).
On January 9, 1978, the Burke Lee Property containing the single family residence was annexed into
the City with the R-1-A zoning designation. The Untco property was annexed into the City on October
11, 1998 as part of the Enclave Act (Enclave #34) with the R-1-A (Single Family Residential zoning
designation.
With the adoption of the Southridge/S.W. 4" Avenue Redevelopment plan on June 13, 1999, the
Redevelopment Area #3 Future Land Use Map designation and R-1-A (Single Family Residential)
zoning designation were retained as a "holding" zone until a specific development proposal is
submitted. A development proposal has been submitted to construct a. multiple family development
that will contain workforce housing on the Untco properties. Rather than leave the remaining 0.5 acre
lot R-1-A it is appropriate to rezone the parcel with the ptivately-initiated proposal. .
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This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory
limits for consideration of plan amendments (F.S. 163_3187) as part of the City's Comprehensive Plan
Amendment 2005-02.
~
REQUIRED FINDINGS:
,
~
lDR(CHAPTER3IPERFORMANCESTANDARDS:
Pursuant to Section 3.1.1 (ReqUired Findings), prior to approval of Land Use applications,
certain findings must be made in a fonn which is part of the official record. This may be
Planning and Zoning Board Staff report
Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Soulhridge Redevelopment Area)
Page 2
achieved through Information on the application, written materials submitted by the applicant,
the staff report, or minutes. Findings shall be made by the body which has the authority to
approve or deny the development application. These findings relate to the Future Land Use
Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land
Development Regulations.
Future Land Use Map: The resulting use of land or structures must be allowed in the zoning
district within which the land is situated and said zoning must. be consistent' with the
applicable land use designation as shown on the Future Land Use Map.
With the adoption of the Southridge/S.W. 4'" Avenue Redevelopment plan on June 13, 1999, the
Redevelopment Area #3 Future Land Use Map designation and R-1-A (Single F<\rnily Residential)
zoning designation were retained as a "holding" zone until a specific developtl1ent proposal is
submitted. A development proposal"has been submitted to construct a multiple family development
that will contain workforce housing. The proposed FLUM amendment will assign a Future Land Use
Map designation of MD (Medium Density Residential 5-12 dulacre) and the proposed zoning is RM
(Medium Density Residential). The proposed zoning designation of RM (Medium Density Residential)
is consistent with the proposed MD Future Land Use Map designation.
Based upon the above, a positive finding with respect to Future Land Use Map consistency can be
made. The SouthridgeJS.W. 4'" Avenue Redevelopment Plan identifies development scenarios and
criteria for development to occur within the area. These aspects of the Plan are discussed below.
The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development Regulations are discussed below.
Future Land Use Element Policv A-1.7: Amendments to the Future Land Use Map (FLUM)
must be based upon the findings listed below, and must be supported by data and analysis
that demonstrate compliance with these findings:
o Demonstrated Need - That there is a need for the requested land use. The need must be
based upon circumstances such as shifts in demographic trends, changes in the
av;lilability of land, changes in the existing character and FLUM designations of the
sUlTounding area, fulfillment of a comprehensive plan objective or policy, annexa~on Into
the municipal boundaries, or similar cirCumstances. The need must be supported by data
and analysis verifying the changing demographics or other circumstances. This
requirement shall not apply to requests for the FLUM designations of ConselVation or
Recreation and Open Space; nor shall it apply to FLUM changes associated with
aonexations when the City's advisory FLUM designation is being applied, or when the
requested'desigoation is of a similar intensity to the advisory designation. However, the
findings described in the remainder of this policy must be addressed with all FLUM
amendments.
~
Future Land Use Element Policv C-2.5 The following pertains to the area on both sides of S. w:
4th Avenue, north of Unton Boulevard.
This area involves warehouses, heavy industrial use, sporadic residential uses, and vacant land.
The vacant land was platted as a part of the Woods of Southridge Subdivision. The
Southridge/sw,f' Avenue Redevelopment Plan was adopted by City Commission on June 15,
1999. The plan establishes Future Land Use Map designations for the majority of the
Redevelopment Area_ Future development must be in accordance with the provisions of the
Redevelopment Plan. Several parcels along Linton Boulevard are to retain their existing
Planning and Zoning Board Staff report
Untco & Burke lee Properties - FlUM Amendment and Rezoning to RM (Southridge Redevelopment Area)
Page 3
Redevelopment Area #3 Future Land Use designation and R-1A zoning designation until such
time that a development proposal that is consistent with the parameters outlined within the
Redevelopment Plan is processed. To the greatest extent possilJfe, these parcels are to be
aggregated to accommodate a unified development.
The redevelopment plan presented fIVe (5) development scenarios for the vacant properties at
the northwest comer of S. W. 4th Avenue and Unton Boulevard. Each of the potential sceil3rlos
has certain benefits and certain drawbacks. The provision of residential development at this
comer was identified in Scenario 3, which stated the following:
U.. .there already exists a mix of existing residential uses in the general area, and economic
activities that will provide more jobs should be encOuraged. Many of the multifamily
developments in the area, particularly those along Unton, have deteriodJted. Given the
surrounding industrial and commercial uses and the intensity of trafflc in the area, residential
development on this property is not encouraged. "
With adoption of the Plan, application of a specific Future Land Use Map designation was not
pursued without a specific proposal in mind, as it could have eliminated a potentially positive
development of the property. The only Future Land Use Map change to be processed at that time
was for the office building at the northwest comer of Unton Boulevard and S.W. 4th Avenue,
which was given the Transitional FLUM designation with POD (Professional and Office District)
zoning. The adopted Redevelopment Plan recommended the following scenario (Scenario 5),
which established the following parameters for the consideration of any future development
proposals for this area:
. To the greatest extent possible, the properties are to be aggregated for a unified
development.
. Residential developmenf, unless part of a comprehensive mixed use project or an assisted
living type facility, is not to be considered.
. Uses identified within Scenarios 1 and 4 are encouraged.
. Commercial uses may be appropriate if it can be demonstrated that the trafflc can. be
accommodated on the roadway network, and that impacts on the adjacent residential uses
will be minimal. A mix of uses, including retail, office and second story residential, and
entertainment is encouraged. Gasoline stations, fast food restaurants,flea
mameVbazaar/merchandise marts, and auto repair and maintenance type facilities shall not
be considered.
. The style of development shall be of a distinctive architectural character that enhances the
area and encourages new investment and redevelopment
. Adjacent residential areas are to be separated from the development by a wall and
substantial landscape buffer.
\
Since the adoption of the Redevelopment Plan in 1999, the City and South Florida has
experienced a tremendous increase in the price of housing, Which has significantly impaded
housing attainable to very low, low and moderate income households. Escalating land costs and
rapidly diminishing amounts of land available have hindered the provision of sufficient workforce
dwelling units by the private sector. According to the Rorida AssOCiation of Realtors,lnc_, the
median price of existing homes in Palm Beach County in March 2005 was $371,500, a 37%
increase over the March 2004 median of $272,100 ("Palm.Beach County Median Home Resale
Soars Past $370,000" p. 1-A, April 26, 2005 Palm Beach Post article by Stephen- PoutidsJ_
According to a May 2005 Sun~Senlinel newspaper article, rents in South Florida began climbing
in 2004, and are expected to continue to increase. According to real estate analysts, occupancy
rates are averaging 95%, and as a result, rents have climbed. Another factor affecting rents is
Planning and Zoning Board Staff report
Lintco & Burke lee Properties - FlUM Amendment and Rezoning to RM (Soulhridge Redevelopment Area)
Page 4
the condo conversion boom, with more rental complexes being taken out of the marketplace than
being buill ("For S. Florida tenants, rental picture turns bleak: Demand for units rises as home
costs continue to surge" May 15,2005 Sun-Sentinel article by Robin Benedick).
Due to the escalating cost of housing, many renters have been unable to purchase a home.
Thus, there is a shortage of housing affordable to the everyday working famities and citizens.
The need to provide WOt1<force housing is critical to maintaining a diversified and sustainable 'City
having the character and sense of a community where people can live and work in the same
area. In order to address this public need, on December 6, 2004, the City adopted a
Family/Workforce Housing ordinance, which established a Density Bonus Program based upon
the number of units that are made available to very low, low and moderate income households.
The Family/Workforce Housing Ordinance is in the process of being amen<led to add more
overlay districts that can accommodate workforce housing. With the. City's annual
Comprehensive Plan Amendment 2005-2, .the Medium Density land use designation description
is being modified to include the following statement
"Areas with this desianation. located within a workforce housina overlav district. may also exceed
12 units per acre UP to a maximum of 18 units per acre bv obtainino density bonuses throuah the
orovision of workforce housina units. "
Based upon the above, an opportunity exists to develop the property in a manner that will provide
workforce housing. Development of the property for residential purposes will not have as
significant an impact on traffic concurrency as office or commercial . development. The
Redevelopment Area has experienced some stabilization since adoption of the Plan through the
construction of infill housing in. the single family subdivisions to the north and associated
infrastructure improvements. The multi-family developments that have deteriorated along Union
Boulevard, are primarily rental properties, which have not been well maintained and are not
properly managed. Per the Comprehensive Plan, infill housing for low to moderate income
families is encouraged with the redevelopment of this area. It is noted the Redevelopment Plan
will be amended to modify the development scenarios for these parcels to encourage/require the
provision of workforce housing for all residential development.
Q Consistency - The requested designation is consistent with the goals, objectives and
policies of the most re~ntly adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Obiedive A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate in tenns of soil, topographic and
other applicable physical considerations; is complimentary to adjacent land uses; and
'fulfills remaining land use needs.
~
The subject properties are primarily vacant with a single family home at the southwest comer,
adjacent to Fire Station #3. Dev$lpmentof the properties can occur in a manner to comply with
this Policy. This Policy will be further addressed with a development proposal (site plan and/or
conditional use for the property. The property to the east (across S.W. 4"' Avenue) is industrial
and contains a self storage facility; to the sOUth, across Unton Boulevard, is commercial, to the
west, is a Fire Station and R-1-A (Single Family Residential) zoned property; and to the north, is
Unton Ridge condominium, which is zoned RM (Medium Density Residential). The development
will be complimentary to the adjacent land uses. The Redevelopment Plan provides the following
directives with regard to development of these properties:
Planning and Zoning Board Staff report
Untco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Soulhridge Redevelopment Area)
Page 5
. The style of development shaH be of a distinctive architectural character that enhances the
area and encourages new investment and redevelopment.
. Adjacent residential areas are to be separated from the development by a wall and
subsmntialmnd~pebuffe~
Housinq Element PO/iey A-12.3: In evaluating proposals for new deve/opmen! or
redevelopment, the City shall consider the effect that the proposal will have on the stability
of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and
circulation patterns shall be reviewed in terms of their potential to negatively impact the
safety, habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modirled accordingly or denied. .
As discussed below with the Concurrency analysis, the proposed new pevelopment will result in a
decrease of potential traffic generated by commercial, office andlor recreational development
-' scenarios identified in the Redevelopment Plan. Given the existing traffic and potential traffic flow
on Linton Boulevard. The Plan recommends that any new development take access from both
Linton Boulevard and S.W. 4th Avenue where possible. With a specific development proposal, a
traffic study will be submitted, which must comply with Palm Beach County Traffic Performance
Standards Ordinance. The style of development shall be of a distinctive architectural character
that enhances the area and encourages new investment and redevelopment. The Plan also calls
for adjacent residential areas to be separated from the development on the subject properties by
a wall and substantial landscape buffer. Development of the properly can occur in a manner that
will enhance the stability of the area. With a conditional use and/or site plan request this policy
will be revisited. .
o Concurrency - Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves amending the FLUM designation from RDA #3 to MD on parcels, which
total approximately 7.55 acres. The proposed FLUM Amendment will result in an increased
impact on adopted concurrency standards. Concurrency findings with respect to Parks and
Recreation, Schools, Solid Waste, Traffic and Water and Sewer are discussed below:
Water and Sewer: A 20" water main is located within S.W. 4th Avenue along with fire hydrants.
Along Linton Boulevard, installation of a water main may be required along with fire hydrants
spaced as required. With respect to sewer, Lift Station 26C is located adjacent to S.W. 4"'
Avenue at the northeast comer of the office building site and connects to a 6" force main within
S.W. 4th Avenue. With any development of these parcels, inslallation of water and sewer mains,
fire hydrants~ and drainage improvements must be accommodated. The location of these
improvements will depend upon site design layout of any proposed development(s).
L,
The proposed FLUM Ameridment to MD will increase the demand on these public services;
however, adequate capacity exists to accommodate the proposal. Pursuant to the
Comprehensive ptan adequate water and sewer treatment capacity exists to meet the adopted
level of service standards at the City's build-out. Thus, a positive finding with respect to this level
of service standard can be made.
,
Traffic: Linton Boulevard is classified as a County minor arterial road from the west City limits to
Federal Highway. Linton Boulevard currently operates at Level of Service aD" from South Federal
Highway to S.W. 10" Avenue. S.W. 4th Avenue is classified as a lwo-lane City collector.
Regardless of the development scenario selected for this area (residential, office, mixed use),
Planning and Zoning Board Staff report
lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area)
Page 6
internal traffic circulation will need to be provided for any development Per the Redevelopment
Plan, given the existing traffic and potential traffic flow on Unton Boulevard, it is recommended
that any new development take access from both Unton Boulevard and S.W. 4th Avenue where
possible.
The applicant has submitted a traffic study based upon the maximum potential density permitted
by the proposed MD FLUM designation, based on the proposed text amendment to allow- 18
du/ac to accommodate workforce housing. The current FLUM designation of RDA-3 with R-1-A
(Single Family Residential) zoning , which allows a maximum of 5 du/ac. Under the existing
FLUM designation and zoning, the 7.55 acre l?ite could accommodate 37 units generating 370
average daily trips, wh~e the proposed MD could accommodate 135 units, which will generate
945 average da~y trips. This results in a trip generation potential of 545 averag~ daily trips. It is
also noted that the development scenarios recommended in the Redevelopmerll Plan consisting
of offic;;e, mixed-use (retail, office and residential),-and recreational facilities (public or private),
would generate a greater number of average daily trips than a residential development with the
proposed densities. A copy of the submitted traffic analysis has been transmitted to the Palm
Beach County Traffic Division for review. The proposed Medium Density FLUM designation will
allow a range from 6 to 18 dulac. With a specific development proposal, a traffic study will be
submitted. The maximum development potential win be based on the ability to comply with the
Palm Beach County Traffic Performance Standards Ordinance. Based upon the above condition
of approval being addressed, a positive finding with respect to traffic concurrency can be made at
this time.
Dtainaae: Any development of the site will be required to relain drainage on-site in compliance
with South Florida Water Management District (SFWMD) requirements. There are no problems
anticipated complying with SFWMD requirements.
Parks and Recreation: The Open Space and Recreation Element of the Comprehensive Plan
indicates in its condusionthat "The City will have sufficient recreation facilities at build-out to
meet the adopted standards'_ A park impact fee is coHeeted to offset any impacts that individual
projects may have on the City's recreational facilities. Pursuant to Land Development
Regulations (LDR) Sectipn 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected
prior to issuance of a' building permit for each residential unit Based upon . the proposed FLUM
Amendment and Rezoning, the maximum allowable density (18 dulac) would allow 135 dwelling
units, thus requiring a park impact fee of $67,500_00.
Schools: A School Con~rrency Application has been transmitted to the School District of Palm.
Beach County for their consideration. The Palm Beach County School District must approve the
development proposal for compliance with the adopted Level of Service for School Concurrency.
Verification wom the Palm Beach County School District is pending; however no problems are
anticipated meeting this Ievetof service standard_
,
,
SQIid Waste: The subject pr9PElflies are primarily vacant, except for a single family residence,
and therefore curr~Uy have no impact on this level of service standard.. The single family
residence currently generates 1.99. tons per yeac Assuming the proposed maximum density (18
dulac), the subject properties will generate 268.65 tons of solid waste per year (135 units X 1.99
tone per year). The increase can be accommodated by existing facilities and thus, will not have a
significant impact on this level of service standard. The Solid Waste Authority has indicated that
its facilities have sufficient capacity to handle all development proposals till the year 2021, thus a
positive finding with respect to this level of service standard can be made_
~
-,,;
Thus, positive findings can be made at this time with regard to concurrency for all services and
facilities.
Planning and Zoning Board Staff report
Lintco & Burke lee Properties - FlUM Amendment and Rezoning to RM (Soulhridge Redevelopment Area)
Page 7
a Compatibility - The requested designation will be compatible with the existing and future
land uses of the surrounding area.
The parcels in question abut a condominium development to the north (Linton Ridge Condos),
and a portion of a single family subdivision to the west (Woods of Southridge. As previously
discussed, the property can be developed to be compatible with and complimentary tQ the
adjacent neighborhoods. There are directives in place to ensure that any development of the
property will be compatible. Also, there are development regulations to ensure development will
occur in manner that will be the same. Based upon the above. the proposed FLUM and zoning
designations are compatible with the existing and future land uses of the surrounding area. and a
positive finding with respect to compatibility can be made.
a Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
All future development within the requested designation shall comply with the provisions and
requirements of the Land Development Regulations. Compliance with the Land Development
Regulations will be further addressed with review of a conditional use or site plan request as
applicable.
- - - - -
_ _ _ _ ___~_~__ _ ____~_~_._~:_~~-..3. -.::"_~_~_.~_~.. ____~~ ~--~-~------ - ~-'
REQUIRED FINDINGS (Chapter 3):
Pursuan.t to Section 3.1.1 (Required Findings), prior to approval of development applications,
certain findings must be made in a form which is part of the official record. This may be
achieved through information on the application, written materials submitted by the applicant,
the staff report, or minutes. Findings shall be made by the body which has the authority to
approve or deny the development application. These findings relate to the Future Land Use
Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land
Development Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously
discussed under the "Future Land Use Map Amendment Analysis. section of thisreport Compliance
with the Land Development Regulations with respect to - Standards for Rezoning Actions and
Rezoning Findings are discussed below.
CONSISTENCY: Compliance with the performance standards set forth in LDR Section 3.2.2,
along with the required findings in LOR Section 2.4.5(0) (5), shall be the basis upon whjch a
finding of overall consistency is to be made. Other objectives and policies found in the
adopted Comprehensive Plan may be used in making a finding of overall consistency.
l
"
LOR Section 3.2.2: Standards A. B, C and E are not applicable. The applicable performance
standard of LDR Section 3.2.2 is as follows:
(0) That the rezoning shall result in allowing land uses which are deemed compatible,
with adjacent and nearby land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
Planning and Zoning Board Staff report
Untco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area)
Page 8
Direction
ZoninQ
Uses
South
East
PC and POD
MIC
Linton Ridge condominiums
Rre Station #3 and Woods of Sol!lhridge
single family subdivision
Global Imports and an office building
Security Self Storage Facility
North
West
RM
CF and R-1-A
(a) That the zoning had previously been changed, or was originally established, in
error;
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The following is the applicant's justification statement:
"The subject site is zoned R-1-A (Single Family Residential). The property is located on a major
thoroughfare (Unton Boulevard) and is 7 acres; which does not allow for proper development of a
singlefamily development It is also adjacent to a fire station and an office building. The development
along Unton and the increase in traffic has made the current zoning inappropriate, Multi-family"
residential including workforce housing is more appropriate for the property based upon
circumstances particular to the site. .
The appropriate 'reasons for the proposed rezoning are "b" and "co. With the adoption of the
Southridge/S.W. 4'" AvenUe Redevelopment plan on Jone 13, 1999, the Redevelopnient Area #3
Future Land Use Map designation and R-1-A (Single Family Residential) zoning designation were
retained as a "holding" zone until a specific development proposal is submitted. A development
prOpOsal has been Submitted to coi1struct a moltiple family development that will contain wor1<torce
housing. Thus, circumstances have changed that make the current zoning inappropriate. Further, the
I RM zoning designation is similar in intensity as' proposed under the requested MD FLUM designation
and is more appropriate for the site based on circumstances which relate to the community's need for
; WOt1<torce housing. The RM designation will encourage a development scenario -that will not have
:.\ substantiallraffic impacts and will be complimentary to the neighborhoods to the north and west
Planning and Zoning Board Staff report
Untco & Burke Lee Properties - RUM Amendment and Rezoning to RM (Soulhridge Redevelopment Area)
Page 9
- --
- -
_ _ c
- - ~ - ~
-- - - - - -- - ----- - --- - - - ~ -- ---~- ----~ --- -~ -- ~- --
CourteSY Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
. Fallridge Condo
. Pinegrove
. Southridge
. Woods of Southridge
. PROD (Progressive Residents of Oelray)
. Presidenfs Council
Public Notice:
Formal public notice has been provided to the affected property owners as well as property owners
within a 500' radius of the subject property. Letters of support and objection, if any, will be presented
at the Planning and Zoning Board meeting.
-
<-" -
- - -- ~ - - ~ - -~ - - ~-~ _:. - --.-- - -~--- ~-~~-~~_.::.~-~-- ---~- ----~~ --~-~-- - -- ------
The FLUM designations and zoning classifications for the subject properties are being amended as
these designations were retained as a "holding" zone until a specific development proposal is
submitted. A development proposal has been submitted to construct a multiple family development
that will contain workforce housing on the Lintco properties_ Rather than leave the remaining 0.5 acre
lot R-1-A, it is appropriate to rezone the parcel with the privately-initiated proposal. As indicated in the
staff report, there is a community need for workforce housing and the development of this property to
accommodate this type of housing will help address the need. The directives of the Southridge/S.W.
4'" Avenue Redevelopment Plan will need to be amended to address/require the provision of
wor1<force housing on these parcels_ Positive findings can be made with respect to Future Land Use
Element Policy A-l-7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1
(Required Findings), LOR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(0)(5)
(Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore
the proposed FLUM amendments and rezonings can be recommended for approval based on the
findings outlined in this report.
A. Postpone with direction.
S. Move to recommend to the City Commission approval of the proposed FLUM Amendments from
RDA #3 (Redevelopment Area #3) to MO (Medium Density Residential) and Rezonings from R-1-
A (Single Family Residential) to RM (Medium Density Residential) by adopting the findings of fact
and law contained in the staff report, and finding that the requests are consistent with the Goals.
Objectives and Policies of the Comprehensive Plan. and meet criteria set forth - in Section
2.4.5(D)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning
Actions) of the Land Development R~gulations.
l
C. Move to recommend to the City Commission denial of the proposed FLUM Amendments from
RDA #3 (Redevelopment Area #3) to MO (Medium Density Residential) and Rezonings from R-1"
A (Single Family Residential) to RM (Medium Density Residential) by adopting the findings of fact
and law contained in the staff report, and finding that the requests are inconsistent with the
Goals, Objectives and Policies of the Comprehensive Plan. and do not meet the criteria set forth
Planning and Zoning Board Staff report
lintco & Burke lee Properties - FlUM Amendment and Rezoning to RM (Soulhridge Redevelopment Area)
Page 10
in Sec(ion 2.4.5(D)(5), Section 3.1.1 (Required Fmdings) and Sec(ion 3.2.2 (Standards for
Rezoning Actions) of the Land Development Regulations.
MOIfe to recommerid to the CitY Commission approval of the proposed FLUM Amendment from ~OA
#3 (Redevelopment Area #3) to MO (Medium Density Residential) and Rezoning from R-1-A (Single
Family Residential) to RM (Medium Density Residential) for the following:
o hea A - Untco Property: A pnvately-iniliated request involving thirteen (12) parcels containing
a total of 7.05 acres.
o Area B - Burke Lee Property: a City-initiated request invoMng a 0.5 acre par&1.
. by adopting the findings of fact and law contained in the staff report, and finding that the requests are
consistent with the Goals. Objectives and Policies of the Comprehensive Plan. and meet criteria set
forth in Section 2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for
Rezoning Actions) of the land Development Regulations.
Attachments:
. Current & Proposed Future land Use Map
. Current & Proposed Zoning Map
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GRAMERCY II
PROPOSED FUTURE LAND USE MAP
FUTURE LAND USE MAP AMENDMENT FROM COUNTY HR-8 (HIGH DENSITY RESIDENTIAL)
TO CITY MD (MEDIUM DENSITY RESIDENTIAL, 5-12 UNITS PER ACRE)
MAP REf: LM772
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
August 15,2005
V.C.
Future Land Use Map (FLUM) Amendment from HR-8 (High Residential-
8 du/ac on the Palm Beach County Comprehensive Plan) to MD
(Medium Density Residential 5-12 du/ac) and rezoning from AR
(Agricultural Residential) to RM-8 (Medium Density Residential 8 du/ac)
for a 4.849 acres site located on the west side of Military Trail just 700'
south of Atlantic Avenue.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant......................... Home Devco Corporation of South
Florida
AgenL........................................ Miller land Planning Consultants,
Inc.
Location...................................... West side of Military Trail,
approximately 700 It south of
West Atlantic Avenue.
Property Size.............................. 4.849 Acres
Existing County Future Land Use
Map Designation ..............___....... HR-8 (High Density Residential- 8
units/acre)
Proposed City Future Land Use
Map Designation......................... MD (Medium Density Residential
5-12 units/acre)
Existing County Zoning............... AR (Agricultural Residential)
Proposed City Zoning................. RM-8 (Medium Density
Residential - 8 du/ac)
Adjacent Zoning................North: City PC (Planned Commercial)
East: City RM-8
South: County RS (Single Family
Residential)
West: City RM-B
Existing Land Use...................... Three single family homes and
three vacant lots.
Proposed Land Use.................... Annexation with initial zoning of
RM-8 to obtain City services for
the construction 01 a 40 units town
house development.
Water Service............................. Available via connection to an
existing 12" water main along the
east side of Military Trail and an 8"
main at the southeast corner of
the shopping center to the north.
,Sewer Service............................. Sewer service is available
I adjacent to the site via an existing
.. 4- force main along the west side
of Military Trail.
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The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored Voluntary Annexation, Future Land Use Map (FLUM) Amendment from
HR-8 (High Residential - 8 units/acre on the Palm Beach County Comprehensive Plan) to MD
(Medium Density Residential 5-12 units/ac) and rezoning from AR (Agricultural Residential) to
RM-8 (Medium Density Residential 8 units/acre) for six parcels which are contained in a 4.85
acres site located on the west side of Military Trail approximately 700' south of Atlantic
Avenue.
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
The subject property is a 4.85 acre site which contains six parcels located to the south of
Points West Plaza and to the west of the future site for the Gramercy Square Townhouse
development that front on Military Trail. The property is bound to the south by the LWDD L-34
Canal and to the west by the Coconut Key multi-family residential development. The eastern
60 feet of the subject property includes an access easement tract for these six parcels and the
Gramercy Square development located to the east. The subject property consists of 6
separate parcels with 2 owners. Three of these parcels are undeveloped and the other three
contain single family residential homes. The access to these parcels is currently via the
access tract and through the Points West Plaza.
The subject property is under the jurisdiction of Palm Beach County but in a designated
annexation area for the City of Delray Beach. The City has an advisory land use designation of
TRN (Transitional) that allows for residential development with a density between five and
twelve units per acre. The applicant has indicated that upon approval of the land use
amendment and rezoning, the subject property will be integrated with the Gramercy Square
townhouse development to the east for construction of an additional forty (40) townhouse
units. An application is now before the Board regarding a Voluntary Annexation, FLUM
Amendment from HR-8 to MD and a Rezoning from AR to RM-8.
Current Land Use Desiqnation: The current land use map designation for the property is
County HR-8 (High Density Residential - 8 du/ac). The current City "advisory" designation is
TRN (Transitional).
Requested Land Use Oesiqnation: The requested Future Land Use Designation is to City
MD (Medium Density Residential 5-12 du/ac).
,
Florida Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future Land
Use Map Amendment is being processed as small scale development pursuant to Florida
Statues 163.3187. This statutes states that any local govemment comprehensive land use
amendments directly related to proposed small scale development activities may be approved
without regard to statutory limits on the frequency of consideration of amendment (twice a
year), subject to the following conditions:
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Planning and Zoning Board ,. .J8ling of 08/15/05: Staff Report
Gramercy 11- Annexation wilh Inilial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 2
. The amendment does not exceed 10 acres of land;
. The cumulative effect of the amendments processed under this section shall not
exceed 120 acres within designated redevelopment and traffic concurrency
exception areas, or 60 acres annually in areas lying outside the designated
areas; and,
. The proposed amendment does not involve the same property, or the same
owner's property within 200' feet of property, granted a change within a period
of twelve months.
. That if the proposed amendment involves a residential land use, the residential
land use has a density of 10 units or less per acre except for properties that are
designated in the Comprehensive Plan for urban infill, urban redevelopment, or
downtown revitalization;
. The proposed amendment does not involve a text change to the goals, policies,
and objectives of the local government's comprehensive plan, but only proposes
a land use change to the Future Land Use Map for a site-specific small scale
development activity; and,
. The property that is the subject of a proposed amendment is not located within
an area of critical state concern.
The Future Land Use Map amendment involves a 4.85 acre area, thus the total area is less
than the 10 acre maximum. The property is not located within a designated redevelopment
area or traffic concurrency exception area and the cumulative total of small scale amendment
does not exceed 60 acres (23.01 including this amendment). The proposed amendment to
Medium Density has a density range of 5-12 du/ac (MD) and is being proposed concurrently
with a request for annexation and initial zoning of RM-8 to accommodate a townhouse
development. This will limit development to a maximum of 8 units per acre which will be
consistent with the adjacent development pattern. This land use designation will allow zoning
districts which allow single family, and low and medium density multiple family developments.
This property has not previously been considered for a land use amendment nor has the same
property owner's properties been granted a land use change within 200' feet, within the last
year. The amendment does not involve a text change to the Comprehensive Plan and it is not
located within an area of critical state concern. Given the above, the proposed FLUM
amendment can be processed as a small scale amendment
Land Use Analvsis:
"
Consistency Between the City and County Land Use Deslanations:
The proposed City Land Use Map Designation for the property is MD (Medium Density
Residential 5-12 dulac). The existing County Future Land Use Map Designation for the
property is HR-8 (High Density Residential - 8 du/ac). The City's MD Land Use Map
Designation is consistent with the County's HR-8 designation in that Medium Density
Residential is allowed. The current advisory "Transitional" residential designation allows
multiple family development as well as office and limited commercial development. The City's
FLUM designation as initially contained on the City's Future Land Use Map adopted by
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Planning and Zoning Board .._....ting of 08/15105: Staff Report
Gramercy II - Annexation wit" Initial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 3
Ordinance 82-89 in November 1989, (and as formally amended subsequently) are deemed to
be advisory until an official Future Land Use Map Amendment is processed.
Adiacent Land Use Map DesiQnations. ZoninCl DesiClnations and Land Uses:
The following zoning designations and uses abut the subject property:
Use
Zoning Designation
North: Planned Commercial (PC) Points West Plaza (fka Babies "R" Us
Plaza).
South: Palm Beach County Single Family Single Family SUbdivjsion (Country
Residential lRSI Club Acres)
East: Medium Density Residential (RM-8) Future Site for Gramercy Square
Townhouse Development
West: Medium Density Residential (RM-8) Coconut Key Multiple Family
Residential DeveloDment
North: North of the subject property, has a City Land Use Designation of GC (General
Commercial) and is zoned PC (Planed Commercial). The property is developed and contains
a shopping plaza (fka Babies "R" Us Plaza).
South: To the south, across the L-34 Canal, has a Palm Beach County land use designation
LD (Low Density Residential) and an advisory City Land Use designation of Low Density
Residential 0-5 du/ac. The property is zoned County RS (Single Family Residential). The
existing land use is a single family subdivision known as Country Club Acres.
East: The abutting property to the east has a City land use designation of MD (Medium
Density 5-12 du/ac) with a zoning of RM-8 (Multiple Family Residential 8 du/ac). The existing
land uses are 9 lots (Lot "A" and "B" of the Mil-Atlantic property plus 7 separate parcels, with 5
single family acre lots), future site for the Gramercy Square Townhouse development.
West: East of the property has a City land use designation of MD (Medium Density
Residential) 5-12 du/ac) and is zoned RM-8 (Multiple Family Residential 8 dulac). The property
is the site for Coconut Key multiple family residential development.
Allowable Land Uses:
Under the proposed Medium Density Residential 5-12 du/ac designation, residential zoning
districts which accommodate single family and multiple family units (R-1 thru R-1-AAA, RL.
PRO. and RM) are allowed. The applicant has requested an initial zoning designation of RM-8
(Medium Density Residential - 8 du/ac). This zoning is consistent with the proposed land use
designation.
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Planning and Zoning Board .. -,,>ling of 08115/05: Staff Report
Gramercy 11- Annexation with Initial Zoning of RM-8 and Small-Seale FLUI\iI Amendment
Page 4
REQUIRED FIDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to LOR Section 3.1.1, prior to approval of Land Use applications, certain
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, written materials submitted by the
applicant, the staff report, or minutes. Findings shall be made by the body which has
the authority to approve or deny the development application. These findings relate to
the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and
Compliance with the Land Development Regulations.
o Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent
with the applicable I.and use designation as shown on the Future Land Use Map.
The proposed Medium Density Residential (RM) zoning district is consistent with the
proposed Medium Density Residential (MD) FLUM designation. Multiple-family townhouse
developments are allowed in an RM zoning district as a permitted use at a base rate of six
(6) units per acre. Increases above that density are only allowed if the subsequent
development substantially complies with the performance standards listed in LOR Section
4.4.6(1). Compliance with these performance standards will be assessed during the site
plan approval process. Based on the above, positive findings can be made with respect to
FLUM consistency.
o Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves amending the FLUM designation from County HR-8 to City MD on
six adjoining parcels, which total approximately 4.85 acres. The proposed FLUM
Amendment will result in an increased impact on adopted concurrency standards.
Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic
and Water and Sewer are discussed below:
Parks and Recreation: The annexation of the property to accommodate a town house
development will create an additional impact on park and recreational facilities. The
proposed RM-8 zoning district will allow 39 additional units. Pursuant to Land Development
Regulations (LDR) Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be
collected prior to issuance of a building permit for each unit. Based upon the proposed
FLUM Amendment and Rezoning, the maximum allowable density (8 du/ac) would allow 39
dwelling units, thus requiring a park impact fee of $19,500 which will be collected before
issuance of a building penmit.
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Schools: A School Concurrency Application has been transmitted to the School District of
Palm Beach County for their consideration. Palm Beach County School District has
approved a concurrency detenmination for the development proposal.
Solid Waste: Three out the six subject properties currently contain single family homes and
therefore have a minor impact on this level of service standard. Assuming the proposed
maximum density (8 du/ac), the subject properties will generate 20.28 tons of solid waste
per year (0.52x39=20.28). The increase can be accommodated by existing facilities and
thus, will not have a significant impact on this level of service standard.
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Planning and Zoning Boare> ._.48ting of 08/15/05: Staff Report
Gramercy 11- Annexation with Initial Zoning of RM-8 and Small-Scale FLU,. Amendment
Page 5
Water: Municipal water service is available via connection to a 12" water main located
along Military Trail, and also via an existing 8" main located on the southeast corner of the
abutting shopping center to the North (Points West Plaza). With future development of this
properly, looping of these systems as well as 8" main extensions will be required. Along
the new mains, fire hydrants will have to be installed with a minimum spacing of 400'.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant at build-out.
Sewer: Sewer service is available adjacent to the site via an existing 4" force main along
the west side of Military Trail. With future development of the Gramercy Square installation
of a lift station will take place along the east properly line, thus, sewer main extensions to
the west properly line will be required. Country Club Acres to the south is served by county
services. Pursuant to the Comprehensive Plan, treatment capacity is available at the South
Central County Waste Water Treatment Plant for the City at build-out.
o Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based
upon the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need must
be supported by data and analysis verifying the changing demographics or other
circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
Intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The proposal involves annexation of unincorporated properly which requires changing the
FLUM designation from County to City. The current County FLUM designation is HR-8 and
the current "advisory" designation is Transitional, which allows residential (single and
multiple family, offices and retail). As the City's FLUM designation is of similar intensity as
the advisory designation this request meets the demonstrated need. It is noted that the
proposed RM-8 designation would allow a maximum density 8 du/ac) which is equivalent to
what is currently allow under the county designation of (HR-8). Further more given the
adjacent land use patterns and density, a maximum density of 8 du/ac is compatible.
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Housing Element Policv 8-2.2: The development of new adult oriented communities
within the city is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children,
and shall be required to provide 3 or 4 bedroom units and activity areas for children
Planning and Zoning Board ...deting of 08/15/05: Staff Report
Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 6
ranging from toddlers to teens. This requirement may be waived or modified for
residential developments located in the downtown area, and for projects having
fewer than 25 units.
The subject property (4.85 acres) will be combined with the 13.63 acre Gramercy Square
townhouse development. The Gramercy Square townhouse development extensive
frontage along Military Trail along with the depth provided by the six (6) Gramercy parcels
(subject of this annexation) is an appropriate location for a multi-family development.
Provided that the proposed future townhouse development expansion accommodates
households with a range of ages, with an activity area for toddlers and teens, and a varied
combination of bedrooms positive findings can be made with respect to this policy.
Future Land Use Element Obiective A-1: Property shall be deve/opedpr redeveloped
in a manner so that the future use and intensity is appropriate in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject property does not have any unique environmental characteristics that would
prohibit development of the site or require mitigation measures. The property can be
developed in a manner that will be complimentary to the adjacent residential areas. Under
the MD FLUM designation, a range of 6 to 12 du/ac is allowed. The requested zoning
designation of RM-8 will be compatible with the adjacent development patterns. The
property is bound on the south by the LWDD L-34 Canal, and to the north by the Points
West Plaza. It is noted to the west of these unincorporated parcels are city parcels also
limited to 8 du/ac. The requested RM-8 zoning would be similar to properties to the east
(Gramercy Square) and west (Coconut Key). The existing single family subdivision located
to the south has a designated land use of LD (Low Density residential). The subdivision is
separated by the LWOD L-34 canal and landscape buffering will have to be provided
around the perimeter of the subject property to mitigate any potential impacts.
,
Compatibility -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
As described previously, if limited to a maximum density of 8 du/ac this designation will be
compatible with adjacent development pattems. Compatibility with the abutting low density
residential properties to the south (Country Club Acres) and west (Coconut Key) is not a
major concern. With development of the site as a town house development, the City
requires that trees must be installed every 25' along the south property line abutting single
family residences. Along with other LOR requirements this will assure compatibility with
surrounding uses.
Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
During the site plan review process the development proposal will be reviewed for
compliance with the LOR. The applicant has indicated intent to develop the properties as a
multiple-family townhouse development, which is permitted under the requested RM zoning
district and is compatible with the proposed MD FLUM designation. At this time no issues
have been identified which would prohibit compliance with the requirements of the RM
zoning district. Buffering particularly with respect to the adjacent single family area to the
south will be required.
Planning and Zoning Board ,....eting of 08/15105: Staff Report
Gramercy II - Annexation with Initial Zoning of RM-a and Small-Scale FlUM Amendment
Page 7
Florida Statues GoverninQ Voluntarv Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said property be annexed to
the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves".
Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed
area that is enclosed within and bounded by a single municipality and a natural or manmade
obstacle that allows the passage of vehicular traffic to that unincorporated area only through
the municipality.
. The property is contiguous with the City and reasonably compact. With regard to
creation of an enclave, in order to access the property one must first travel through
the City. Thus, the total 4.85 acres is currently an enclave. This action will eliminate
this enclave which is consistent with Florida Statutes.
Land Development ReQulations GoverninQ Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owner has voluntarily petitioned for this annexation.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
DesiQnated annexation area: The territory to be annexed is located within the designated
annexation area "0" located on the west side of Military Trail south of Atlantic Avenue.
Annexation of the subject territory is consistent with the Future Land Use Element Policy B-
3.5, which calls for annexation of eligible properties through voluntary annexations as the
opportunities arise.
CONCURRENCY:
Provision of Services: Future Land Use Element B-3.1 states that when annexation of
property occurs, services are to be provided in a manner which is consistent with services
provided to other similar properties already in the City. What follows is a discussion of
required services and the manner in which they will be provided.
Police: The subject property is currently served by the Palm Beach County Sheriffs Office,
located at 345 South Congress Avenue, which serves the South County area. The property
lies within Sheriff Patrol zone 7. Zone 7 is bordered by Jog Road on the west, the Delray
Beach City Limits on the east, and Atlantic Avenue on the north and Clint Moore Road to the
south. One officer is assigned to a particular zone during a shift (three shifts per day). The
City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile
area during the day and 15 cars during the night; and as a consequence, response time is
significantly improved upon annexation. Annexation will not require additional manpower
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Planning and Zoning Board ......ting of 08/15105: Staff Report
Gramercy 11- Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 8
since the police currently pass the properly during routine patrolling to the north, west and
east of the properly.
Fire and Emeroencv Services: The municipal area is served by Fire Station No. 4 (Barwick
Road and Lake Ida Road). With annexation, the properly will receive an improved response
time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located
on Hagen Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department
(Fire Station #4 located at Barwick and Lake Ida Road or Fire Station #5 located on
Germantown Road).
Water and Sewer: City services regarding water, sewer, schools, parks and recreation have
previously been discussed under Future Land Use Analysis section of this report.
Streets: Access to the properly is currently from Atlantic Avenue through the Points West
Plaza to the north which connects through a private access tract and cross access easements
which run through and behind an existing shopping center. The applicant has indicated that
upon approval of the annexation, the subject properly will be combined with the proposed
Gramercy Square Townhouse development to the east and a site plan application will be
submitted for expansion of the approved town house development. Thereafter, the subject
properly will have direct access from Military Trail which is under the jurisdiction of Palm
Beach County. The jurisdictional responsibility and associated road maintenance will not
change upon annexation. A revised traffic study for the subject properly will have to be
submitted. A letter from the Palm Beach County Traffic Division stating that the proposal
complies with the Traffic Performance Standards in Article 12 of the Palm Beach County Land
Development Code will be required. Based upon the above a positive finding with respect to
traffic concurrency can be made.
Financial Impacts:
Effect upon Annexed Propertv:
The following table depicts the current assessed value and total (County) taxes for the subject
properly:
$17.225.00 $336.00 $234.00 570.00 19.50653 23.718094 $408.54 $181.44 $589.98 $19.98
$35,706.00 $696.00 $234.00 930.00 19.49252 23.718094 $846.88 $181.44 $1,028.32 $98.32
$5.765.00 $112.00 $469.00 581.00 19.42758 23.718094 $136.73 $181.44 $318.17 -$262.83
$83,592.00 $1,630.00 $33.00 1.663.00 19.49947 23.718094 $1.982.64 $33.00 $2.015.84 $352.84
$83.592.00 $1.630.00 $33.00 1.663.00 19.49947 23.718094 $1.982.64 $33.00 $2,015.64 $352.64
5130 $83.592.00 $1.630.00 $33.00 1,663.00 19.49947 23.718094 $1,982.64 $33.00 $2,015.64 $352.64
TOTAL $309,472.00 $6,034.00 $1,036.00 $7,070.00 19.49773 23.718094 $7,340.09 $643.32 $7,983.41 $913.41
For the 2005 tax year the subject properly (six parcels) had a combined assessed value of
$309,472. With the change from County to City jurisdiction, the following taxes and rates will
be affected:
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Planning and Zoning Board ,......ting of 08115/05: Staff Report
Gramercy 11- Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 9
Fire/Rescue MSTU
Palm Beach Coun Lib.
Palm Beach Co.Lib.Debt
Florida Inland Navegation
Health Care District
Children Service Council
Palm Beach Coun
Palm Beach Coun Debt
Public Schools Debt Servo
Public Schools Loc.Board
Public Schools Slate Law
SFWMD District
SFWMD Everglades Consl.
Ci of Delra Beach
City of Delra Beach Debt
'SUB*fO'F~r
989.99
167.19
12.51
11.91
340.42
213.61
1,392.61
82.85
84.78
802.15
1,722.51
184.74
28.73
3.198965 DELETE 0.00 0.00
0.540243 DELETE 0.00 0.00
0.040424 OELETE 0.00 0.00
0.038485 11.91 0.038485
1.100003 340.42 1.100003
0.690240 213.61 0.690240
4.499955 1,392.61 4.499955
0.267714 82.85 0.267714
0.273950 84.78 0.273950
2.591995 802.15 2.591995
5.565964 1,722.51 5.565964
0.596952 184.74 0:596952
0.092836 28.73 0.092836
7.466100 Added fCity) $2,310.55 7.466100
0.533900 Added (City) $165.23 0.533900
"f94!19'tf. 0Jt1'i'i:tijiiillf~If::{~3"
-$6;034.00
. Total tax millage in the county is 19.50653 mills while in the city the total millage is
23.718094 mills. Therefore the difference is 4.22037 mills.
The current yearly ad valorem taxes are $6,034. With annexation the yearly ad valorem taxes
will be $7,340.09, (6,034+1,306.09=7,340.09); an advalorem tax difference of $1,306.09
(309,472x4.22037/1000=1,306.09). It is noted that with the non-advalorem reduction upon
entering the city the net difference is reduced to $913.41 per year. In addition to property
taxes, the following Non Ad Valorem financial responsibility will apply:
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the buildings, parking areas, etc. If the property is developed as a multiple
family complex or is subdivided for residential purposes, an assessment of $54.00 per unit
would be applied. A 25% discount from the assessment is available since the property is
within the Lake Worth Drainage District. An additional 25% may be available if drainage is
retained on site. As the property is currently vacant, this assessment is not immediately
imposed. With the submittal of a future site plan, the storm water utility tax will be assessed.
Solid Waste Authority - The Military Trail annexation areas are serviced under a new
contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's
contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a)
. if a party has an exclusive franchise which is in effect for at least six months prior to the
initiation of an annexation, the franchise may continue to provide such services to the
annexed area for five years or the remainder of the franchise tenm whichever is shorter". As
the waste provider is currently the same this annexation will have no impact.
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Planning and Zoning Board ......ting of 08115105: Staff Report
Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 10
Resultina Impacts to Property Owners:
AD VALOREM TAXES 2005
City Mills. County Mills
23.718094 19.49773 = 4.22037
NON AD VALOREM CITY TAXES 2005
NON AD VALOREM COUNTY TAXES 2005
DIFFERENCE
ANNUAL FINANCIAL IMPACT:
+ $1,306.09
$643.32
$1,036.00
-$392.68
+ $913.41
+
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes Ci .
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes Cit .
Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 atroll cars durin the ni hI.
Pro-active vs reactive opportunity to work
with ro e owners.
Fire Response
+
Emergency Medical
Services EMS
Police
+
Code Enforcement
+
Fiscal Impacts to the Citv: At the 2004/2005 City operating milage of 7.46617mills and debt
rate of 0.5339 mills, the property will generate approximately $1,306.09 in new ad valorem
taxes per year. With future development, additional revenues will be realized through
increased assessment value, building permit fees, the annual collection of the storm water
assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on
electric, telephone, and cable.
The annexation of the property to accommodate a town house development will create an
additional impact on park and recreational facilities. The proposed RM-8 zoning district will
allow a maximum of 39 dwelling units. Pursuant to Land Development Regulations (LOR)
Section 5.3.2, a park impact fee of $500.00 per dwelling unit ($19,500 total) will be collected
prior to issuance of a building permit for each unit.
AD VALOREM TAXES 2005
City of Deiray Beach (7.4661 Mills) $2,310.55
CIty of Delray Beach DebllO.5339 Mills) $165.23
SUB-TOTAL $2,475.78
NON-AD VALOREM TAXES
Storm Water Utility ($54 per unit) $2,106.00
SUB-TOTAL $4,581.78
PARK AND RECREATION IMPACT FEE
Future 39 units townhouse deveiooment, $500 per unit $19,500.00
TOTAL $24,081.78
Planning and Zoning Board ,..48ting of 08115/05: Staff Report
Gramercy 11- Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 11
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LOR were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below.
The proposed City zoning designation is RM-8 (Medium Density Residential 8 du/ac) while the
current County zoning designation is AR (Agricultural Residential).
The surrounding zoning designations are: City RM-8 to the west; City RM-8 to the east; City
PC (Planned Commercial) to the north; and County RS (Single Family Residential) to the
south.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objectives and policies are noted:
Housinq Element Policv A-3.2 - The most restrictive residential zoning district that is
applicable given existing development patterns and typical lot sizes shall be applied to
these neighborhoods and affixed to the zoning map. Requests for rezoning to a
different zoning designation, other than Community Facilities, Open Space, Open Space
and Recreation, or Conservation shall be denied.
This policy relates to areas which are designated stable residential on the Residential
Neighborhood Categorization Map. The following table identifies the neighboring residential
developments and their respective densities:
Development Type Densitv
Countrv Club Acres Sinale Familv 3.5 dulac
Gramercy Square Proposed Multiple 8.0 du/ac
Family
The Hamlet Single Family 1.0 dulac
Legacy at Sherwood Multiple Family 7.93 du/ac
Forest
Coconut Key Multiple Family 8.0 du/ac
Sherwood Forest Sinale Familv 4.5 du/ac
The table indicates that the surrounding single family developments are less than 4.5 dwelling
units per acre. The Legacy at Sherwood Forest and the proposed Gramercy townhouse
developments are the most recently approved multiple family projects which have a density of
8 dwelling units per acre. Therefore, a rezoning of the subject property with a maximum
density cap of 8 (RM-8) would be consistent with direction given in Housing Element Policy A-
3.2 and in harmony with the development pattern in the area.
f
.
Future Land Use Element Policv A-1.5 - As the City has an ample supply of housing
designed to accommodate its seasonal and retirement population, new residential
developments shall be designed for a balanced demographic mix of permanent year-
Planning and Zoning Board ,......ting of 08115/05: Staff Report
Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 12
round residents. This shall be accomplished through the implementation of policies
from Objective B-2 of the housing element.
HouslnQ Element Policy 8-2.2 - The development of new adult oriented communities
within the City is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children, and
shall be required to provide 3 and 4 bedroom units and activity areas for children
ranging from toddlers to teens. This requirement may be waived or modified for
residential developments located in the downtown area, and for infill projects having
fewer than 25 units.
The implementation of these two policies will be addressed during the site plan review process.
REQUIRED FINDINGS: (Chapter 3)
Previously discussed under Land Use section of this report
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
CONSISTENCY: Compliance with the performance standards set forth in LOR Section
3.2.2, along with the required findings in LDR Section 2.4.5(D) (5), shall be the basis
upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
Comprehensive Plan Policies: Consistency with the Comprehensive Plan was
previously discussed under the Future Land Use Map Amendment analysis section of
this report.
Section 3.2.2 (Standards for RezoninQ Actions): standard "B", "C", and "E" are not
applicable with respect to this rezoning request. The applicable performance standards
of Section 3.2.2 are as follows:
A) The most restrictive residential zoning district that is applicable given
existing patterns and typical lot sizes shall be applied to those areas
identified as "stable" and "stabilization" on the Residential Neighborhood
Categorization Map. Requests for rezoning to a different zoning designation,
other than Community Facilities, Open Space, Open Space and Recreation, or
Conservation shall be denied.
The subject properties, as well as properties to the west (Coconut Key
Townhouses) and to the south (Country Club Acres) are noted as Stabilization area
on the Neighborhood Categorization Map. The rezoning is required with the
annexation request. The proposed RM-8 (Residential Medium Density 8 du/ac)
zoning designation is consistent with the prevailing land use patterns.
t
-h
D)
That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
,
-.
',,'.
Planning and Zoning Board h.....ting of 08115105: Staff Report
Gramercy 11- Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 13
As previously noted the requested zoning will result in development that is
compatible with adjacent development.
Section 2.4.5 (0) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LOR Section 2.4.5(0) (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the
rezoning fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
(a) That the zoning had previously been changed, or was originally established,
in error;
(b) That there has been a change in circumstances which make -the current
zoning inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicant is applying for annexation of this property into the City and the annexation
requires that an appropriate City zoning designation be applied. The RM-8 is appropriate and
consistent with adjacent development.
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
On July 20, 2005, the Palm Beach County Planning Division was notified of the City's intent to
annex this property. Response has not been received to this date.
Lake Worth Orainaae District:
On July 20, 2005, Lake Worth Drainage District was notified of the City's intent to annex this
property. Response has not been received to this date.
IPARC Notice:
Notice of the Future Land Use Amendment has also been provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities.
Courtesv Notices:
! Special courtesy notices were provided to the following homeowners and civic associations:
lJ Carolyn Zimmerman, President Council
lJ Herbert Levine, Hamlet Residents Association
lJ Jerry Franciosa, PROD (Progressive Residents of Delray)
Planning and Zoning Board .......ting of 08115/05: Staff Report
Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment
Page 14
o Fred and Sandy Beaumont, Country Club Acres HOA
Public Notice:
Fonmal public notice has been provided to property owners within a 500' radius of the subject
property. Additional letters of support or objection, if any, will be presented at the Planning and
Zoning Board meeting.
l1li-
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and service area. The City's MD Land Use Map
Designation is consistent with the County's HR-8 designation in that Medium Density
Residential is allowed. The application of an initial zoning designation of RM-8 is compatible
with the surrounding development pattern and is consistent with. the proposed FLUM
designation, and with the zoning category assigned for the property to the east and west.
The annexation will provide with better Police, Fire, EMS and Code Enforcement services.
The property will experience a slight increase in ad valorem taxes. Upon development of the
property for residential purposes, storm water assessment fees will also be imposed. The City
will receive additional revenue from property taxes, in addition to storm water assessment fees
utility taxes, franchise fees, and licensing fees upon development. The total immediate
revenue increase is approximately $2,475.78, a year. If the annexation is approved, it is
anticipated that a site and development plan will be submitted. Compatibility of any specific
development proposal with the adjacent developments will be required at that time. Based
upon the above, the proposed Annexation, Future Land Use Map Amendment and associated
Rezoning application should be approved.
_~""%IIIfl%III<i~..'i:,;_
,.' .. : ...'.. c:.:..~ .,.~"., _, .. ,;,,~. .. '~.", ,,-,'< _ .'
,.,;,_ ~',{H,. ' ,",..... '" .....: Ii"'" -.:".,. ..
. .. .. . ..' ..$; ,,_ ~_ '!if;'n''''''_' .. .'.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the voluntary annexation,
FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and
the initial zoning designation of RM-8 (Medium Density Residential 8 du/ac) for the subject
property, by adopting the findings of fact and law contained in the staff report, and finding
that the request and approval thereof is consistent with the Comprehensive Plan and
meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land
Development Regulations.
C. Move a recommendation of denial to the City Commission for the voluntary annexation,
FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and
the initial zoning designation of RM-8 (Medium Density Residential 10 du/ac) for the
subject property, by adopting the findings of fact and law contained in the staff report, and
finding that the request is inconsistent with the Comprehensive Plan, and does not meet
the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
,
,
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Planning and Zoning Board .....etlng of 08/15/05: Staff Report
Gramercy 11- Annexation with Initial Zoning of RM-8 and Small-Scale FLUIII Amendment
Page 15
I;_~-
",' ." ." "',' ";, . ; '. ... . ." . .'.,,;....,.,. .', .W '. ,,".,,~
.".'_;'_ " '''.'~ ,. .' ._> .'.' ..-'.ii'O,; ..... "" ...... "". '_.'" ,',.' ......:....,;!'Hk..:.:.,>.'.. "J!;:"_ ",',. ...::>'_'?:'i',_ ,. ....~"",,'.h';'l!
Move a recommendation of approval to the City Commission for the voluntary annexation,
FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and
the initial zoning designation of RM-8 (Medium Density Residential RM - 8 du/ac) for the
subject property, by adopting the findings of fact and law contained in the staff report, and
finding that the request is consistent with the Comprehensive Plan, and does meet the
criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
Attachments: Location Map
Staff Report Prepared by: Estelio Breto, Senior Planner
I
i'
"
I COMPREHENSIVE PLAN AMENDMENT 05-2 I
CITY OF DELRA Y BEACH, FLORIDA
SUPPORT DOCUMENT #5
Capital Improvement Element
Existing Table CI-CIP, Five Year Capital Improvements Schedule For
Projects> $25,000
SD#5
",000 . . . . )
TOTALS: $50,000 SO SO SO SO
COMMUNITY DEVELOPMENT FUND
LandAcquisilion 30.000 . 0 . 0
SiOOwallo; 90.000 . . . .
TOTALS: $120,000 SO $0 SO SO
BEAUTlRCATKlN TRUST FUND
~..._s_ 75,000 ".000 ".000 ".000 ,.
Lake kta fencelWaI 125,000 . . 0 .
_.....- ".000 . . . .
Wide Tree Trimming . E~ . . 133,000 0 0
TOTALS: $250,000 ....... $1'3,000 .$50,000 SO
3-4,1<40 36,129 31,575 39,018 ".000
0 . 278,500 93,000 70,000
AI_ 0 . 0 0 7.250,000
Conshc:Iion . Bid . 0 . 23.500 0
Post Construdioo en.....onmental 0 . . 265,000 0
Construc:Ion - Envflxwnen1al . . . 0 265.000
Cons1IucIiuon - loan . '. . . 365,000
Sea TUfIes Monitoring 1....800 16,300 16,300 16,300 30,000
Dune R tion SO.OOO ".000 SO.OOO 0 .
-- . . 150,000 . .
00.... E><peosM 6.000 6.000 6.000 6,000 6.000
TOTALS: $105.,540 $108,429 SSJ8,J75 W2,8T' '8,036.000
GEHERAL CAPfTAL.IMPROVEMEHTS
Shilts" AReys. PMkIng l.ots, 6ridge5 & Sidewalks
Street Reconstruction 100,000 140,000 150.000 150,000 150,000
~lhs 0 ".000 SO.OOO SO.OOO 50,000
Grove-Sidewall<s 0 . . 52,000 .
DclwntDwQ Partdng lots . . 136.000 . .
Tralico.tnW1g SO,OOO 100,000 100,000 100,000 100.000
FECX ...... ".000 63.000 66.000 69.000 72.000 )
FEe QuIet Zones 13,000 75,000 . . .
tlighway.us 1 Conneclor . 90,000 . 0 0
Pad< 132,500 615,500 . . .
Club"'"" "'.000 . . . .
SW2ndAv -SW tst St 10 Atlanlic Av . 230.000 . 0 0
SEINE 1st street One-W~y Paif 700,000 . . . .
~AIIeRUe HW 24Ch Ave. Signalization 150,000 . . . .
- Linton Btvd Tender: House 0 167.000 . 0 .
HE_ Avenue- Ndtt1 of Borid Way 0 52,000 . 0 .
9NIIIAvenuo_SW ltllsttoSW 10lhSt . 12.000 0 . .
SWtslAv-SW l$C:SttoWAIlanlicAv . . . 293,000 .
DoaeNI Road-A.udubon Blvd to H End 0 . . 0 '423.000
.AIe 0 . . 0 ....000
Construdlo_
-......... 0 0 . t70.000 0
~T_Faciily 250.000 . . .
1JuuW,"-"
se.tE 51ft All &6ChAv - se 411 StIoNE....St 850.000 5,000.000 . .
~5thAv&6I1Av-SE4e1StIo.SE 10lhSt 850.000 5,000.000
SEINE 5Ch Av & 6I1Av -NE 4~Stto.George Bush Blvd 850,000 5,000.000
AIarIIic Av.Ph 1l-101hA.,; to6Ch Av 2,Ot3,000 . 0 . .
W AtI8nIc:: All. Ph N -131 Av to 10th All 0 t.155,000 0 . .
SE 2nd St. S SwinIon Av 10 FEe X-ing . 0 . 211,000 0
"'&'~FadIitIes
T_ ConIo< - 0 25,000 . 0
r... Center-Rehab """'" . 50.000 ".000 SO.OOO ".000
T.... Centtw-Replace stadiun1 Seats 0 . . 10,000 35.000
T_ ConIo< -.......... 0 . 0 0 25.000
t.airk RoofRIPt.:"*1l 315;000 . 0 0 .
"""""........... . ".000 0 SS.OOO .
-- Equip. 30.000 30.000 0 0 0
I _lols . 0 90.000 . 90.000
-.... 0 . 45.000 0 .
s.wick Pad( Resodling 0 . . 0 ".000
Old School Square Mamooanoe 43,000 . . . .
Old ScbooI ~ Roof Repair UJO,OOO . . . .
, ....--- 0 0 . . 62,500 )
,... Part-hAce ReptIcemelIl: . ".000 100.000 .
.... Part;~ Lot Expansion . . 100,000 0 .
..... PaIt. Storage Buik:Wlg . 0 . 200.000 0
ExpansionIPatk Mainlenance . 0 85.000 . .
& . Renewal & R
rr--..o_ ..._...__...... ,,___.._.._..... ... r.l-28
City Commission Chambers Modernization 0 221.000 0 0 0
City Hall Geoerator 0 0 0 0 230,000
8uIding Uainlooarn;e 100,000 100,000 150.000 150,000 150,000
Roof Repair & Replacement 103,000 ",000 1n,500 107,000 0
R&R.Q)mpu1ef Equipment 150,000 150,000 150.000 150,000 150,000
MuIi-Space MeIefs 0 22000 0 0 0
Fire - Addilion.al PaOOng 0 0 120,000 0 0
Fh. MOT for FO Vehicles - Repeaters 0 171.500 0 0 0
F..e - Space Study 0 25,000 0 0 0
Fire -1Jpgr.lde Generator FO Headquaftef"s 0 0 100,000 0 0
FA - EU2000 Software & Setver 0 32,200 0 0 O.
FA - Fw-ehouse Software & SefVer 0 41,000 0 0 0
Police - HunicaRe ShuttefS 50,000 0 0 0 0
Poke - New Phone System 160,000 0 0 0 0
Police . Replacement Laptop Computers 460,000 30,000 0 152,240 152,240
Police - Citrb: Ucense 39,000 0 0 0 0
Police . Space Study 0 0 25,000 0 0
Pcice - Omnilrak latent Station 0 0 0 0 114,000
Police . Mobile CommaRd Vehide 0 0 0 0 189.000
Police - Briefing Room Renodeling 0 0 0 0 32500
Server Replacement 0 25,000 25,000 2,bQO 0
R cement Internal Building Data Cabting 0 200,000 200.000 0 0
Cilrix Melatrame 110,000 0 0 0 0
Community Improvement - eGovemment Software 37,000 0 0 0 0
Fiber Optics - Pubic Safety lOOfI (police, Fire & City Hall) 0 0 0 0 80,000
Fber Optics - Expansion to Pompey Part. 0 0 0 0 65,000
UghIning Protection '0( Fire & Police Oepts 0 0 0 0 31.000
San's NetwOOc. Mirroring between City Hall & Police 0 0 0 260,000 240,000
Ottw MIscellaneous
lifeguard Tower.; 140,000 115,300 0 0 0
Neighborhood Enhancement 150,000 200.000 200,000 200.000 200,000
Ftre-Substations Wireless Nelwort. 42000 0 0 0 0
Part.s - Exotic Tree Removal 0 0 228,100 0 0
Beach Pavilion at AlA & AtIarllic Avenue 0 0 175,000 0 0
Part.s - Mable Stage 0 0 0 115,000 0
TOTALS: $6.'27,.500 $9,977,500 $3,314,600 $1,479,244 ST.195,U4
WATERlSEWER NEW CAPITAL OUTLAY
County Club Aaes Improvements 316,000 0 0 0 0
SCRWTOB Petletizafion Project 1,000,000 1,000,000 500,000 0 0
W A1tantic Ave Phase III-Waf(\( Main 168,000 0 0 0 0
Vehicles - WIS Network 100,000 0 0 0 0
lnleradive Voice & Web Respoose 109,500 0 0 0 0
MaIers - Radio Read on 1he Beach 78,500 0 0 0 0
SCRWTOB OceaR CufreRt Meter 50,000 0 0 0 0
Sludge Storage &iIding Expansion 150,000 0 0 0 0
Sludge Thid<.:ener -Additional 0 _,000 0 0 0
West AlIantic Phase roPNattM Main 0 168,000 0 0 0
Gteef\bIier Drive-Sewel 0 0 176,000 0 0
TOTALS: $I,mOOD $1,62',000 $'616,.000 $0 SO
WATERfSEWER CONHECTIOH FEES
SCRWTDB Redalmed Watet TreatmentFacMy 1,250,000 750,000 0 0 0
_-'0<........ 45,000 0 0 0 0
Reclaimed Walei' T ransmissiort $yslem 1,912;900 1.050,000 600,000 1,200,000 100,000
LS 100A Capacity Upgrade 225;000 0 0 0 0
TOTALS: $J..f92,fIOO $1,800,000 $600,000 $#.200)100 $700,000
WATERISEWER RENEWAL & REPlACEMENT FUND
Engineering Office ModificatiORs 60,000 0 0 0 0
0.$ mg Elevated WalerStotage TaRk 64;000 25.500 25.500 25.500 25.soo
Water Main Leak Repaifs 75,000 15,000 75,000 75,000 75,000
LS eonvetSion to Submersible 80,000 0 0 0 0
LS50 :n $ubmenillIe Pump 30.000 0 0 0 0
- 50.000 50,000 50;000 50.000 50,000
Waw Main Rehabilitation 250,000 150,000 250,000 250,000 250;000
~Main Rehabiitiion _000 500,000 500.000 500.000 500.000
0CIice Telephone Equipment 0 150,000 0 0 0
a.tfier RehabilitatiOn 200,000 200.000 0 0 0
Portable Generatof Replacement 35,000 0 0 0 0
\ Water SeMc:e RetocatioRs 50.000 0 0 0 0
Wale{ Main-Palm T'" NeighboI'hood 350,000 0 521,000 0 0
Water Maft.O$ceo&a P.n. 387,000 512,000 0 0 0
Water Main-Lake Ida Atea 0 365,000 0 0 0
1 atsrMaill-SW 121hAv&SW 11lhAv 295,000 0 0 0 0
Water Main-SEINE 5th & 6G'l Av-5E 4" St to HE 4th 51 35;000 160,000 0 0 0
'. Walerlobn-SRA1A-E. A1&aAIicAvtoPelican l.n 113.000 662,500 0 0 0
Water UaiA-SR A 1A-Casuarina Rd to E Al:laRticAlle 60,000 0 350.000 0 0
W"'Uain-5ea~ 0 140,000 0 0 0
Water Main- HE 8th Av-North<< Bond Wa 0 10,000 0 0 0
(Tabte Revised by Amendment 04.21 0-29
w;rte( Main-SW :Kd St, 3rd Av & 6th Av 0 0 497,000 0 0
ator Main+SW 10th Ave 0 0 190,500 0 0
Water Main- North lAke Ida Area 0 0 190,000 0 0
Water Main-SEINE. 51h & 6#l Av-SE 4th St to se 10th 51 0 0 34.000 225,000 0
Water Main-SW 1st Av & SW 4th St 0 0 234,000 0 0
W... Main--$EJNE 54h & 6th Av - NE 4th St to George Bush Blvd 0 0 0 11,000 100,000
WalIK Main--5W 111h & SW 12th Avenue 0 0 0 259,000 0
WaterMain-NW 12th St& Grove Way 0 0 0 546,000 0
Water Main--SE 1st Av-sE 3rd St 10 E A1Iantic Ave 0 0 0 259,000 0
Water Main--Ekb'ado lane & SUnshine Drive 0 0 0 198,000 0
WatBrMain-NE 1stAv 0 0 0 122,000 0
WaterMain-Qceaf1 Temwe & Coconut Row 0 0 0 146,000 0
Watec Main-Detray St\ores Neighbomood 0 0 0 0 1,009,500
WattJI( Main-SW 15th Av 0 0 0 0 117,000
Water Main- NW 41h Av & NW 3<<1 Av 0 0 0 0 322,000
Watec Main - Block. 32 Mey 0 0 0 0 39,000
Water Main-NE 8th Aveooe 0 0 0 0 304,000
Hlghpointlntercoooect 130,000 0 0 0 0
Gas Q\IorIne Conversion to Liquid 220,000 0 0 0 0
Lagoon Service Drive 26,000 0 0 0 0
WTP . A4Rtof Replacement 100,000 0 0 0 0
TOTALS: $2,$110,000 $3,000,000 $UZ.l,OOO SZ,tr12,500 S2.192,OOO
MUNtClPAL GOlf COURSE
other Machinery &_ Equipment 50,000 75,000 70,000 60,000 75,000
TOTALS: $50,000 $15,000 $10,000 $"'_ $75,000
lAI<EVIEW GOLF COURSE
Other Mach_ & Equipmef1l: 0 0 35,000 0 25,000
TorALS: SO $0 U5,ooo SO S25,OOO
STORMWATER UTIUTY
General Stomlwalef Repairs 0 45,600 50,000 50,000 50000
Vacuum TNCk 0 0 225,000 0 0
.,.......- 338,000 252.000 0 0 0
Lake Ida A.cea 0 90,000 0 0 0
NE4thSt-NE sth Ave toNE 6th Ave 205,000 0 0 0 0
"""'....,.. 60.000 0 0 0 0
....-."W"""" 128,000 0 0 0 0
SBNE Isl St Qne-.-wayPail 75.000 0 0 0 0
W AIantic Avenue - 10Ch Ave to 6th Av PhaSe UI 75,000 0 0 0 0
..uS I Connectof 0 15,000 0 0 0
fIlE 8lh Aveoue - North d Bond Way 0 10,000 0 0 0
SW8thAveoue-SW 11lhSttoSW 101h St 0 10,000 0 0 0
_1<ucaJOlean<le< 0 556,000 0 0 0
Thomas St Pump Staion Molifications 0 0 131,000 0 0
NW 6th 51 & NW 3rd Avenue 0 0 139,000 0 0
NW 12th-51 and Grove Way 0 0 0 87.000 0
se 2nd 51 - 5 Swinton Ave 10 FEe X-bg 0 0 0 1<40,000 0
SW 1st Av&-SW 1st $I to W AUantic Ave 0 0 0 176,000 0
00I8tal Road-AudubOn Blvd to N End 0 0 0 0 54.000
_32_ 0 0 0 0 10,000
0
gOfticetAodificaloos 60.000 0 0 0 0
"""'- 53.520 53,550 53,506 53,836 54,(111
TOTALS: - $1,032.'50 ......... $156.136 $41"071
CENTRAL GARAGE f'UNO
Vehicle Reptacemef1t 656.525 1,175,000 1.200,000 1,110,000 1.-435.090
Vettie Restaration 45.000 85,000 85,000 85.000 85,QOO
Flfe-.ALS Rescue RepIao8 '93.500 203,500 213,500 224,200 470,100
__R."..,........ 0 0 <00,800 0 436.1
A Operation TRICk 0 345,000 0 0 0
Transfer10 General Fund-fft.Laddef TRICk 0 0 0 .400.100
TJ3Mfer to GeI1ecal Fund-Pumper ladder R <<US15 0 0 0 0
Transfer 10 General Food - Speciid T_ O 0 345.000 0 0
TOTA.LS: $1~ $I,J08..S00 $2,244.300 $1..20.000 $2.426,fOO
PARKS AHD RECREATION BONO
Community Cen1erlPompey PaR. 260.000 0 0 0 0
\ SenIor C*1WesIem Community Center 0 2,980.000 0 0 0
otd School Square 2,.(75.000 0 0 0 0
Soooo< Complex 107,000 2,618,000 0 0 0
Beac:::h Furniture 75.000 0 0 0 0
-Ll><a<y-- 1.000,000 0 0 0 0
TOTALS: $ 3,.,r. .. $ ..00&.000.00 SO SO SO
fT.abae Revised bv Amendment 04--21
Cl-30
I COMPREHENSIVE PLAN AMENDMENT 05-2 I
CITY OF DELRA Y BEACH, FLORIDA
SUPPORT DOCUMENT #6
Capital Improvement Element
Updated Table CI-CIP, Five Year Capital Improvements Schedule For
Projects> $25,000
5D#6
REVISED
.tl8llii TABLECI~IP
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS> $25.000
RECREATION IMPACT FEE
Delrav Swim & Tennis - Bathroom - .-- _ __~__~~_~n . 0 0 0 0
97,800 ~~ -
Delrav Swim & Tennis Center Parkina Lot 10,900 206.000 0 0 0
NW 1 st Avenue Park 0 0 0 80,000 0
Oakmant Park Imorovements ~~ 0 0 80,000 0 0
Miller Park Parking Lot Expansion 0 0 100,000 0 0
TOTALS: $108,700 - $206,000 $180,000 $80,000 $0
BEAUTIFICATION TRUST FUND
Medians - Palm Trail 25,000 0 0 0 0
Conoress Avenue 50,000
Comouterized !niaation $vstem 25,000 50,000 50,000 50,000 n6
Decorative Trash Containers 30.000 0 0 0 0
City Wide Tree Trimming - Equipment 0 0 133,000 0 0
-- TOTALS: $130,000 $50,000 $183,000 $50,000 $0
BEACH RESTORATION FUND
Surve - .~ 36.130 37.575 39,078 40.640 42,265
s . ..~-
Enaineerina 0 0 0 0 278,500
Beach Tlllin .._--. 12.730 13,110 13,505 0 0
Sea Turtles Monitorinn 38,750 .. 3a.750 20,000 20,000 20,000
Dune Reveaetation ,- 50,000 50,000 0 0 0
Uadala Geotech 0 0 0 _.". 0 150,000
- - .-. TOTALS: $137,610 $139,435 $72,583 $60,~640 $490,?6S
1----- - ..__..~
GENERAL CAPITAl IMPROVEMENTS
Streets, Alleys, Parking Lots, Bridges & Sidewalks - - ---175.000
Street ResurfacinQ 250,000 250,600 125,000 150,000
SidewalksfSwaJes/Bikepaths 0 50.000 50,000 50,000 50,000
Homewood Blvd Bike Lanes Phase I 0 0 0 598,000 - 0
Sidewalks - BalWick Road 75,000 0 0 0 0
Sidewalks. Pineapple Grove - 0 0 54,400 0 0
Downtown Parking Lots 0 0 0 0 184.000
TraffIC Calmin - 0 103.000 103,000 103,000 103~~
FEe X-in Rehab 70,000 48,000 50,000 53,000 56,000
FEC Quiet Zones 0 600,000 476,800 479,500 198,400
FEC . SE & NE 1 st St Signal Rehab - 350,000 0 0 0 .~
Pedestrial Countdown Sinnals 0 30,000 0 0 0
Dixie Hiahwav-US 1 Connector - 0 99,000 0 0 0
Osceola Park ------ 80-6.200 0 0 0 0
SW 2nd Av - SW 1 st St to W Atlantic Av 0 236,800 0 0 0
Bridoe - Linton Blvd Tender House 183,400 --
SW 8th Avenue - SW 11th St to SW 10th St 144.900 0 0 0 0
SW 14th AIlev Imorovements 333,500 0 0 0 0
Parkina Meter Reolacements 130,000 0 0 0 0
NE 8th Avenue - North of Bond wiiV" 0 56,900 0 0 ...--&
E Atlantic Ave - Swinton Ave to NE 5th Ave Resurfacing 0 0 40,000 0 0
SW 1 st Av - SV'!_ ~s! Stto W Atlantic Av - 0 0 301,900 0 0
BIock32 A1lev 0 -'._- 0 0 86.300 0
Building ConstructlonlRehabllltatlon
Fire-RescuelPolice Trainin Facili 0 50,000 0 0 0
BeautlflcaUon
SEINE 5th Av & 6th Av - SE 1st Stto NE 1st St Phase I 1.900,000 0 0 0 0
SEINE 5th Av & 6th Av - SE 4th $t to SE 10th St 0 850,000 5,000,000 0 0
SEINE 5th Av & 6th Av - NE 401 $t to George Bush Blvd 0 0 850,000 5,000,000 0
SRA1A- E Atlantic to George B,ush Blvd f--- 500,000
SR A 1A - Casuarina Rd to Atlantic Ave 500,000
W Atlantic Av - Ph IV - 12th Av to 10th Av 1,755,000 0 0 0 0
Atiantic Avenue Gatewav Feature 295,600 0 0 0 0
SE 2nd St - S Swinton Av to FEC X-ina 0 0 0 268,000 0
Parks & Recreation Facilities
Veterans Park Facilitv 0 0 40,000 0 0
Tennis Center-Rehab Clay Courts - 30.000 80,000 90,000 60,000 60,000
Tennis Center-Replace Stadium Seats 0 0 0 340,000 0
Tennis Center-E uioment Stora e Enclosure 0 0 0 0 25,000
Pomoey Park Roof Replacement 325,000 0 0 0 0
Pompey Park/Communi Center Bleachers 0 40,000 0 55.000 0
Intracoastal Park 1,159,040 0 0 0 -~
Intracoastal Park - US 1 Tum Lane 109,300 0 0 0 0
Intracoastal Park. Wall 80,000 0 0 0 0
Parks.Reolace Playground Equip. Miller 50.000 0 0 0 0
Parks-Parkina Lots & Roadwavs 0 0 0 0 120,000
Merritt Park 0 . 0 45,000 0 0
Miller Park.Fence Replacement - 0 0 131,000 0 0
Miller Park-Storace Buildina -- 0 50.000 0 0 --'1
Miller Park-Bleacher Reolacement 0 0 0 70,000 0
CI-28
REVISED
TABLE CI-GIP _
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS> $25 000
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Communi Center Gvm Roof Re laeement____ _ _~_~~ ~_ _ _ _ 0 0 0 0
Nei hborhood Parks. SW 6th Street _ Rosemant 72,900 0 0 _ 0 0
Neighborhood Parks ~ La Hacienda 83.700 0 0 0 0
Office ExpansionlPark Maintenance - 6 0 5,000 80,000 0
Atlantic Dunes Boardwalk 0 0 0 0 300,000
Cornell Museum Windows 0 0 141.000 0 0
Pocket Parks - 0 0 0 0 100,000
Building & Equip. Renewal & Replacement ..~ --
Ci Commission Chambers Modernization -- 115,000 106,000 0 0 0
Buildina MaintenanCe 85,000 100.000 150,000 150,000 150,000
Roof Repair & Realacement 50,000 0 0 133.800 0
Other Renair & Maintenance - Recarnet N Wina City Hall -- 0 70,000 0 0 0
Citv Hall HVAC Unit 0 100,000 0 0 0
R&R.Comnuter Equipment - 90,000 90,000 150,000 150,000 150,000
Administrative Services. PostaOA Machine Replacement - 0 28,200 0 0 0
FinancelMlS - Network Backun Solution 27.000 0 0 0 0
Finance/MIS. Citrix Metaframe Farm License 50,000 50,000 110,000 21,000 0
Fire - Additional Parking 0 120,000 0 0 0
Fire. MDT for FD Vehicles - Renlacement - - 35,000 100,600 50,000 0 0
Fire - S03ce Allocation & Desian 0 H 0 42.000 0 0
Fire. Firehouse Software & Server 0 38,000 0 0 0
Fire. Upgrade Generator FD Headquarters 0 0 100,000 0 0
Police - Trainina Room Remodeling - 0 0 0 75,000 0
Police. Fire Suoression Svstem 32,000 0 0 0 0
Police. Laser Shot Firearms Simulator 27.000 0 0 0 0
Police - Briefina Room Renodeling 0 0 0 0 32,500
Police - Generator Replacement 0 0 300,000 0 0
Police - ReolacemenfCiptop Computers 0 30,000 152,200 152,200 152,200
Police - Space Study -- 0 0 25,000 0 0
Poliet - Skid Car 0 0 45,000 0 0
Police - Omnitrak Latent Station n_ O 0 0 114.000 0
Police - Mobile Command Vehicle - 0 0 0 0 189,000
Server Re tacement -. 50.000 25,000 25,000 25.000 25,000
Replacement Internal Buildina Data Cablino 0 400,000 0 0 0
San's Network Mirroring between City Hall & Police 0 0 260,000 240,000 0
Other Miscellaneous - -
Ufeauard Towers - 0 119,900 0 0 0
Neighborhood Enhancement 428,000 250,000 200,000 200,000 200,000
Riverwalk Seawall 0 0 0 0 724,500
Parks. Exotic Species Rep1ace":l_ent -- 0 0 0 110,000 118.100
Beach Pavilion at A 1 A & Atlantic Avenue - 0 0 175,000 0 0
Parks. Mobile Stage 0 0 0 115,000 0
-- TOTALS: SI0,346,540 S4,151,4oo S9,289,300 S8,878,800 S3,112,700
WATERlSEWER NEW CAPITAL OUTLAY
SCRWTDB Pelletization Praiect 1.200,000 900,000 0 0 0
ESD Buildin Ex03nsion 2,930,900 0 0 0 0
Transfer Public Arts - ESD Building Expansion 41,000 0 0 0 0
SCRWTDB Centrifuge 750,000 0 0 0 0
New ESD Entrance 57.500 0 0 0 0
W Atlantic Ave Phase IV 86,900 0 0 0 0
Sludae Thickener-Additional 0 460.000 0 0 0
Greenbrier Drive-Sewer 0 176,000 0 0 0
TOTALS: S5,066,300 SI,536,000 SO SO SO
WATERlSEWERCONNECTIONFEES
SCRWTDB Reclaimed Water Treatment Facility "2,425,000 1,325.000 0 0 0
Reclaimed Water Transmission Svstem 2,540,000 2,125,000 2,230,000 1,175,000 1,375,000
TOTALS: $4,965,000 S3,450,000 S2,230,OOO SI,175.000 SI,375,ooo
WATERlSEWER RENEWAL & REPLACEMENT FUND
0.5m Elevated Water Storane Tank 15.500 15.500 15,500 15,500 15.500
Water Main Leak Repairs 0 75.000 75,000 75,000 75,000
Uft Station Rehabilitation 50,000 75,000 75.000 75,000 75,000
Meters - Radio Read on the Beach 113,000 0 0 0 0
Ma!1hole Rehabilitation .....-- 50,000 50,000 50,000 SO,OOO 50.000
Water Main Rehabilitation 130,000 250,000 300,000 300.000 300,000
Sewer Main Rehabilitation 200.000 375.000 500,000 500,000 500,000
Production Well Rehab --- 120.000 100.000 100,000 100,000 100,000
New Vaccan Truck 150.000 0 0 0 0
Clarifier Rehabilitation 210,000 0 0 0 0
Water Main-SElNE 5th & 6th Av-SE 4th St to NE 4th 8t 15,000 150,000 0 0 0
Water Main.SR A 1A-E Atlantk: Av to Pelican Ln 625,000 0 0 0 0
Water Main-SR A 1A-Casuarina Rd to E Atlantic Ave 402,500 0 0 0 0
Water Main-Palm Trail Neighborhood Ph 11 0 605.500 0 0 0
Water Main-Osceola Park - 500.000 0 0 0 0
CI-29
REVISED
~~
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS> $25.000
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WaterMain-i..akel~~'~a .. -- -._--~' jWi0Ecm,j01!;'JPZA~\;1\Mr;PJLhi.,tl1l!-__i1Ji~,,,11..i5 _ ___",__,' %':1; O~""" ",on ___
Water Main-SeasaaelMelaleucalOleander _ 100,000 0 0 o. ~-----5
Sanitarv $ewer Realianment. Old School Square 149,500 0 0 0 0
Water Main-SW 3rd St. 3rd Av & 6th Av 0 621,000 0 - 0 0
Water Main-SE 5th & 6th Av-SE 4th SI to SE 10th SI 0 42,000 281,300 0 0
Water Main- SW 1 sl Avenue & SW 4th Street 0 293,000 0 0 0
Water Main-Eldorado lane & Sunshine Drive ---- 0 0 _2~ 0 0
Water Main-SEINE 5th & 6th Av - NE 4th SI to George Bush Blvd 0 '0 16,800 125,~O 0
Water Main-NW 12th St & Grove Way 0 0 682,900 0 0
Water Main-SE 1st Av-SE 3rd SI to E Atlantic Ave 0 0 323,500 0 0
Water Main-SW 11th &SW 12th Avenue 0 0 323,500 0 0
Water Main-SW 10th Ave 0 0 0 233,600 0
Water Main- North Lake Ida Area 0 0 0 237,300 0
Water Main-Ocean Terrace & Coconut Row 0 0 0 183,300 0
Water Main-SW 15th Av 0 0 0 143.800 0
Water Maln- NW 4th Av &. NW 3rd Av - 0 - 0 0 395,350 0
Water Main - Block ~2 f'J1ev 0 - 0 0 51,800 0
Water Main-NE 8th Avenue 0 0 0 0 304,000
Water Main~Delrav Shores Nei;'hborhood . 0 0 0 0 1,239,800
Water Main - $eacrest Blvd - NE 8th Street Gulfstream Blvd 0 0 0 0 - 101.000
Wash Water Recovery Basin Pi in 149.500 0 0 0 0
T07ALS, $2,980,000 $3,002,000 $2,992,800 $2,485,650 $2,760,300
MUNICIPAL GOLF COURSE
Other Machinerv & Eauioment -~ 60,000 60,000 60,000 70,000 75,000
Roof Replacement 390,000 0 0 0 0
-~ TOTALS: $450,000 $60,000 $60,000 $70,000 $75,000
LAKEVIEW GOLF COURSE ~._-
Other Mach. & Equipment 0 0 0 0 25,000
TOTALS: $0 $0 $0 $0 $25,000
STORMWATER UTILITY
General Stonnwater Reoairs - 47,900 52,500 52,500 52,500 52,500
Vac-Con Truck - - WO,OOO 0 0 0 0
.~
Block 32 A1lev 0 0 0 57,500 0
Osceo{a Pari<. -- 264,600 0 0 0 0
SW 2nd Avenue - $W 1st Street to W Atlantic Ave - 40.000 0 0 0 0
Lake Ida Area 0 90,000 0 0 0
SeasaaelMelaleuca/Oleander 600.900 0 0 0 0
Barwick Road - 43,000 0 0 0 0
Block 64 A1lev lmorovements 143,800 0 0 -...- 0 0
NW 12th St and Grove Way 0 0 121,000 0 0
SE 2nd St"- S Swinton Ave to FEe X-ing 0 0 172,500 0 0
SW 1 st Ave-SW 1 st St to W Atlantic Ave 0 -_.- 0 198,500 0 0
Lawson & Homewood Roundabout 0 0 0 0 50,000
Seacrest Boulevard - NE 8th to Gulfstream Blvd 0 0 0 - 0 152,000
Thomas St Pum Station Modifications 0 175,000 0 0 0
Purn Station Rehab 0 300,000 300,000 300,000 250,000
Debt Service 53,550 53,508 53,836 54,071 54,215
TOTALS, $1,293,T50 $671,008 $898,336 $464,071 $558,715
CENTRAL GARAGE FUND
Vehicle Reolacemenl 870,000 900,000 1.100.000 1,100,000 1,350,000
Vehicle Restoration 70,000 70,000 90.000 95,000 100,000
Fire-ALS Rescue RePlace 203,500 213,600 224,300 235,500 247,200
Fire-Equipment Pumoer Ladder Reolacemenf 0 418,800 0 456,500 0
Fire-Special Ooeration Truck ---. 380,400 0 0 0 0
TOTALS: $1,523,900 $1,602,400 $t,414,3oo $1,887,000 $1,697,200
PARKS AND RECREATION BOND
Ofd School Sauare - Land 4,852,720 0 0 0 0
Old School Sauare - Parking Structure 9,025,940 0 0 0 0
Old School Sauare - Other Improvements - 150,000 0 0 0 0
Debt Service. Principal PaYOff 0 3,000.000 0 0 0
- TOTALS, $ 14,028,660.00 $ 3,000,000.00 $0 $0 $0
SPEClAL PROJECTS FUND
Publ~ Arts Proaram 57,300 0 0 0 0
.. TOTALS: $ 57300.00 $0 $0 $0 $0
CI-30
I COMPREHENSIVE PLAN AMENDMENT 05-2 I
CITY OF DELRA Y BEACH, FLORIDA
SUPPORT DOCUMENT #7
Capital Improvement Element
Existing Table SD-CIP, School District of Palm Beach County Six Year
Capital Improvement Schedule
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I COMPREHENSIVE PLAN AMENDMENT 05.2 I
CITY OF DELRA Y BEACH, FLORIDA
SUPPORT DOCUMENT #8
Capital Improvement Element
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I COMPREHENSIVE PLAN AMENDMENT 05-2 I
CITY OF DELRA Y BEACH, FLORIDA
SUPPORT DOCUMENT #9
Public Schools Facilities Element
Existing Public School District Map Series
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CITY OF DELRA Y BEACH, FLORIDA
SUPPORT DOCUMENT #10
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[ITY DF DElRRY BER[H
CITY ATTORNEY'S OFFICE
_:o() N\V 1\1 AVENI 'I"! If !!{,\'r BL.\CH. FIDRJDA 33444
n:I!.:PH(JNI.> S(;U2-L~'I!')I: 0 F-\CSll\.lILE: 5hl/27H-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
~
All-America City
, III I! DATE:
1993 TO:
2001
MEMORANDUM
November 7, 2005
City Commission
David Harden, City Manager
?to
FROM:
Terrill C. Barton, Assistant City Attorney
SUBJECT: Resolution No. 80-05
Attached to this memorandum please find Resolution No. 80-05 which confirms
the City's intent to transfer/sell the property referenced above to Fritznel
Beaufrere, a single man and Gerta Lombard, a single woman, for housing
purposes as part of the Carver Square Relocation Project. Also attached please
find a partially executed Contract for the Sale and Purchase of the above-
referenced property.
Please place the Resolution and supporting documents on the agenda for the
November 15, 2005 City Commission meeting for consideration.
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
t Q <:...
RESOLUTION NO. 80-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO
TRANSFER/SELL REAL PROPERTY IN THE CITY OF DELRAY
BEACH WHICH PROPERTY IS LOCATED AT 511 NW 2ND STREET, AS
MORE PARTICULARLY DESCRIBED HEREIN, TO FRITZNEL
BEAUFRERE, A SINGLE MAN, AND GERTA LOMBARD, A SINGLE
WOMAN, TO BE UTILIZED AS HOUSING AS PART OF THE CARVER
SQUARE RELOCATION PROJECT.
WHEREAS, the City of Delray Beach, Florida, desires to transfer/sell property located at 511 N.W.
2nd Street for the purpose of providing housing as part of the Carver Square Relocation Project; and
WHEREAS, the City acquired the property from the County as the result of unpaid property taxes;
and
WHEREAS, the City Commission has determined that it is in the best interest of the City of Delray
Beach, Florida, to transfer/sell said property for the purpose described above; and
WHEREAS, the City Commission has determined that the transfer/sale of the property described
above will promote the general welfare of the residents of the Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section I. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees
to transfer/sell the East 50' of the West 150' of Block 18, Town of Delray according to Plat Book I, Page 3,
of the Public Records of Palm Beach County, Florida, to Fritznel Beaufrere, a single man and Gerta
Lombard, a single woman.
Section 2. That the terms and conditions contained in the Contract for Sale and Purchase and
addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on the _ day of , 2005.
ATTEST: MA YOR
City Clerk
CONTRACT FOR SALE AND PURCHASE
PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, 100 N.W. 1"
Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), ("Seller"), and the
FRITZNEL BEAOFRERE, a single man, and GERTA IQtBARD, a single woman, ("Buver"), 20
N. Swinton Avenue, Delray Beach, FL 33444 (Phone: 561-276-8640), hereby agree
that the Seller shall sell and Buyer shall buy the following described Real
Property and Personal Property (collectively "Propertv") upon the following terms
and conditions, which INCLUDE the Standards for Real Estate Transactions
("Standard{s)11) on the reverse side hereof or attached hereto and riders and any
addenda to this Contract for Sale and Purchase ("Contract").
I. DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida: Town of Delray, E50 feet of W150 feet of 5150 feet of Block 18,
The above being the Real Property described under Tax Certificate Number
11716 in the Tax Deed recorded in Official Record Book 15665, Page 1897,
Public Records of Palm Beach County, Florida.
Property Control No. 12-43-46-16-01-018-0060
(b) Street address, city, zip, of the Property is: 511 N.W. 2nd Street,
Delrav Beach, Florida 33444
II.
PURCHASE PRICE
PADilENT:
$40,000.00
(a)
Deposit(s) to be held in escrow by Robert W.
Federspiel, P.A. Trust Account in the amount of
$ 5,000.00
(b)
Balance to close shall be paid in the form of
U.S. cash or a LOCALLY DRAWN certified or
cashier's check, subject to adjustments
or prorations
$35,000.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated in
writing between the parties on or before December 1, 2005, the deposit(s) will,
at Buyer's option, be returned and this offer withdrawn. The date of Contract
("Effective Date") will be the date when the last one of the Buyer and the Seller
has signed this offer. A facsimile copy of this Contract and any signatures
thereon shall be considered for all purposes as originals.
IV. TITLE EVIDENCE: Within thirty (30) days from the Effective Date of this
Contract, (CHECK ONLY ONE): Seller shall, at Seller's expense, deliver to
Buyer or Buyer's attorney; OR X Buyer shall at Buyer's expense obtain (CHECK
ONLY ONE) : abstract of title or X title insurance commitment (with legible
copies of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance.
V. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered within one hundred twenty (120) calendar days following
the execution of this Contract, unless modified by other provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public utility
1
easements of record (easements are to be located contiguous to Real Property
lines and not more than 10 feet in width as to the rear or front lines and 7-1/2
feet in width as to the side lines, unless otherwise stated herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
mortgages, if any (if additional items, see addendum); provided that there exists
at closing no violation of the foregoing.
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; Seller shall deliver occupancy of Property to Buyer at time of closing
subject to Paragraph XI E.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS:
provisions, riders and addenda shall control all
Contract in conflict with them.
Typewritten or handwritten
printed provisions of this
IX. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) may assign and thereby be
released from any further liability under this Contract; may assign but not be
released from liability under this Contract; or ~ may not assign this Contract.
X. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Addi tiona1 information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach
addendum and CHECK HERE ~.
XII VOIDABILITY: Buyer and Seller agree that this Contract is contingent upon
the Seller's ability to successfully quiet title to the property described in
Paragraph I. In the event that title is not successfully quieted, the contract
shall be void and there shall be no liability on either the Buyer or Seller for
failure to continue to perform under the terms of this Contract.
Date
FRITZ~~E
By: ~ L,,~
pril:. Name: _r;-,~nIEL
CITY OF DELRAY BEACH
By:
/1/03/0,)"
D?i'e
J5. e I!ur;:~
S~~i;;xs~gu~;:y t:;9z-/~- 7?.j7
GERTA LOMBARD
BY:~ l~ 1/ /o.3k;-S-'
Date
Print Name:
Tax ID No.
Social Security SCt Q L/ f...y-n:xO
or Tax ID.No. ~- ~{)
Deposit(s) under Paragraph II(a) received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDERSPIEL, P.A. (Escrow Agent)
By:
2
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
CITY OF DELRAY BEACH, a Florida municipal corporation
BUYER:
FRITZNEL BEAUFRERE, a single man, and GERTA LOMBARD, a single
woman
PROPERTY ADDRESS: 511 N.W. 2nd Street, Delray Beach, Florida
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties
shall comply with the provisions of Internal Revenue Code Section 1445 and
applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person
for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and
prior to closing the Seller shall provide the Buyer with a certificate of non-
foreign status in the manner provided in Treasury Regulations Section 1.1445-2.
If the Seller provides the Buyer with such certificate, and if the Buyer is
otherwise permitted to rely on such certificate under those Regulations, the
Buyer shall not withhold under Internal Revenue Code Section 1445.
If the Seller is a 'foreign person' as defined by the Internal Revenue
Code, the Buyer generally is required to withhold 10% of the gross sales price
from the Seller at closing and to pay the withheld amount over to the Internal
Revenue Service (IRS) unless an applicable exemption from withholding or a
limitation on the amount to be withheld is available. To the extent that the cash
to be paid over to the Seller at closing is insufficient to cover the Buyer's
withholding obligation, the Seller shall provide to the Buyer at closing cash
equal to such excess for purposes of making such withholding payment. If the
Seller's federal income tax on the gain is less than the applicable withholding
amount, the Seller may make advance application to the IRS for reduced
withholding and, if granted, the Buyer shall withhold only the authorized reduced
amount. If such ruling has not been received by closing, the parties at closing
shall enter into an escrow agreement reasonably ,satisfactory to the Buyer and
Seller pending receipt of the ruling, provided that at closing the Seller shall
have the obligation to provide to the escrow agent from the closing proceeds (or
from the Seller's other resources if necessary) cash equal to the maximum
required withholding, with any excess withholding being refundable to the Seller
upon receipt of a favorable ruling from the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the
Seller to have a U.S. federal taxpayer identification number and to supply that
number on the foregoing forms. A foreign individual may acquire an International
Taxpayer Identification Number for this purpose. Since it may take several weeks
to receive the number after application and the IRS will not process these forms
without the actual number, a party lacking a TIN is advised to apply immediately.
B. The Buyer shall have sixty (60) calendar days within which to conduct
any and all feasibility studies and determinations relative to the suitability for
the acquisition of the subject property by the Buyer and the Buyer reserves the
express right to terminate this Contract at any time during said period for any
reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a
full refund of all deposit monies paid hereunder. Buyer shall be granted
reasonable access to the premises to conduct such feasibility studies and
determinations, including environmental assays, core drilling, surveys, soil
sampling and other such testing.
C. This Contract is expressly contingent and conditioned upon the approval
of the same by the City Commission of the City of Delray Beach.
3
D. The parties represent and warrant that there is no broker involved in
this transaction to whom a commission would be due.~~~~
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SELLERS' INITIALS:
BUYER'S INITIALS:
(:$
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4
STJUIDARI)S l"OR RBAL ZSTATB TDNSACTIOIIIS
A. KV%DSMCS or TITLaI (llAn abstract of title prepared or brought current by a reputable and existing abstract
firm (if not existing then certified as correct ~ an existing firml purporting to be an accurate synopsis of the
instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is
located, through Effective Date. It shall commence with the earliest public records, or such later date as may be
customary in the county. Upon closing of this Contract. the abstract shall become the property of Buyer, subject to
the right of retention thereof by first mortgagee until fully paid. (2) A title insurance cammi~t issued Qy a
Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy
of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject only to
liens, encumbrances, exceptions or qualification provided in this Contract and those which shall be discharged ~
Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions
or qualifications set forth in Contract. Marketable title shall be dete~ined according to applicable Title
Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if
abatract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is
found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect!sl. If the
defectls) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defect(s),
failing which Buyer shall, within five {51 days after expiration of the thirty (301 day period, deliver written
notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Seller
shall use diligent effort to remove the defects; or (2) requesting a refund of deposit (a) paid which shall
immediately be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the
title as it then ls. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) in
title within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall either
waive the defects, or receive a refund of deposit!s), thereby releasing Buyer and Seller from all further
Obligation under this Contract.
.. POItCII&D IIODY IIOA'l"CJ&RJ DCUJU:'1'T ll----, '1'0 aLL:IIll A purchase money rrortgage and mortgage note to Seller
shall provide for a 30 day grace period in the event of default if a first mortgage and a IS day grace period if
second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall pe~t
acceleration in event of transfer of the Real Property; shall require all prior lien and encumbrances to be kept in
good standing and forbid modifications of or future advances under prior mortgage{s); shall require Buyer to
maintain policies of insurance containing a standard mortgagee clause covering all ~rovement8 located on the Real
Property against fire and all perilS included within the term -extended coverage endorsements- and such other risk.
and perils as Seller may reasonably require, in an amount equal to their higheat insurable value: and the mortgage,
note and security agreement shall be otherwise in form and content required by Seller; but Seller may only require
clauses customarily found in mortgages, mortgage notes, and security agreements generally utilized by saving and
loan institutions or state or national banks located in the county wherein Real Property is located. All Personal
Property and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security
agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment will exceed the
periodic payments thereon.
C. SURVSYa Buyer, at Buyer's expense, within time allowed to deliver evidence of title, may have Real Property
surveyed and certified by a registered Florida surveyor. If the survey discloses encroachments on the Real Property
or that i1l;)rovements located thereon encroach on setback 1 ines, easements, lands of others, or violate any
restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect.
~ '...11..11 BIi5oU. a"e. 91E4e.'s J 118111, haLR 1;.... al18 d. 1;.1 ElsH I.I!' a U.. sa at ai-Eta Mil U 81lOlRli.fll I.S. ~
~a a ~I.l P~a'Bw'~ LRs,lsie. ~ a pl..i.s. g.~.itiea pa._ SSB_..el o,e".II. tM~ewat;.sw.1 .a aeae~B. it ~k8~8 is aR~
isilt18 as'd . _ana.. il tU.U.!sR 8~ isil1lh euhHRI'" 18 bl. .ell.h.8 I.Bhsa..hll iR I;.ke Pi!'e,SIf'&.:' II silller
Ill' }a1il.11 are hatu.. iN'ia.. till ha e I iw...e be. bll sf dnu Ba.i.s8 \A8US' hkb llisk'u Ra. e l!lU. d
1;.1'8.allut!'Ii it I!Btlii..ell. eSalfll4.e. ~ aAe Sllua.u iH i all _tale ifl.apa.lllilsli aIlll ut;.i_.si }a:, a HSMBeli svUdelr U'
reflelral 8Stl.~ast;.8" Sellel" skall,~ ali. eSl!lal!l et a..sa~sBa and ..e,ai.. sf all iama!e ~, as _ka ame~' ,.e tied ifl
l?alFa,..aJlk (al If sU.l.lI'IaliieEl S881.8 susee. ,ll_1;. amBIB11l. ~~s~ skall lla l!l _h8 ell'LeI! Iii aaRuliR' "Sllis
S!lf!.~a8t;. i!ll.l.fl i llia}s iLh.BI! 1!eui,. sf E1BR_I&B'U"'l!l "sllah u.hta_a ~ Ii. i.B, ..h..efl Ilsloin 'S Sellse' II! 8.t)8.U
1M.~ eleBl &8 ,~eBel!lj Hk EAl!l 'lrall!la...Ll!ltl. iLRd ..uBi. 8 a usi1.. at;. Bluifll at! l;a8 amst,H _ ,Ir. idl!lli iB pa.a!fIr.Jlk
(al M'Fel'l'Ri'u." l!lllall l1Ie Eta. ell aB lRsIJ.lie all ass ses.I'a~iIl.J UlllIislIlII ISl(l<l.iu.ll.a sa 1"8'8..'e& Wi.a. \1\.
Fll!llria. Pes, SaR'..1 .8'. a. aM8ftliej
K. IMGRK88 AND KGR&S81 Seller warrants and represents that there i8 ingress and egress to the Real Property
sufficient for the intended use as described in Paragraph VI hereof, title to which is in accordance with Standard
A.
P. L&ASS8a Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and
estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates,
advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter fram each tenant, the
same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit,
and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign
all original leases to Buyer.
Q. LIDSJ Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless
otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and
further attesting that there have been no improvements or repairs to Property for 90 days immediately preceding
date of closing. If Property has been improved, or repaired within that time, Seller shall deliver releasee or
waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in
addition to Seller'e lien affidavit setting forth the names of all such general contractorl!l, subcontractors,
suppliers and materialmen and further affirmdng that all charges for improvements or repairs which could serve as a
basia for a mechanic'S lien or a claim for damagel!l have been paid or will be paid at closing of this Contract.
s. PLACI or CLOIINGa Closing shall be held in the county where Real Property is located, at the office of the
attorney or other closing agent designated by Seller.
I. T~I In computing time perioda of lea8 th~n six (&) days, Saturdays, Sundays and state or national legal
holidays shall be excluded. Any time periods provided for herein which shall end on Saturday, Sunday or legal
holiday shall extend to 5:00 p.m. of the next business day. T~ 1. of the ....DC. iD th1. CODtract.
. .
J. nocuIIDI"l'l:roIl CLOBIWQs Seller shall furnish deed. bill of sale, construction lien affidavit, owner's
possession affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments.
Buyer shall furnish closing statement. mortgage, mortgage note, security agreement, and financing statements.
It. Dl'aaSI Documentary stamps on the deed and recording corrective instruments shall be paid by Seller.
Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording of
purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. Unless otherwise provided
by law or rider to this Contract. charges for the following related title services, namely title or abstract
charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing
the title evidence in accordance with Paragraph IV.
L. ~ROaATX0M8, CRKD~T81 Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property
shall be prorated through day before closing. Buyer shall have the option of taking over any existing policies of
insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased
as may be required by prorations to be made through day prior to Closing or occupancy if occupancy occurs before
closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be
credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum
allowable discount. homestead and other exemptions. If clOSing occurs at a date when the current year's millage is
not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the
prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior
year's tax. If there are completed improvements on Real Property by January 1st of year of closing, which
improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the
prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request
will be made to the County Property Appraiser for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of
tax bill on condition that a statement to that effect is signed at closing.
N. ."CZAL &SSIS~ LX"'1 Certified, confi~ and ratified special assessment liens as of date of Closing
(not as of Effective Date) are to be paid by Seller. Pending lien. a. of date of Closing shall be assumed by
Buyer. If the improvement has been substantially completed AS of Effective Date. any pending lien shall be
considered as certified, confirmed or ratified and Seller shall, at closing, be charqed an amount equal to the last
estimate of assessment for the improvement by the public body.
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., al!Ba lsas SI' El~18, 81' si eal'lallli", SellEl'as. 111'111 Itsaei. illl wa..lI!'J1 si .IIsllssi'lsJ
>>. ~a0cKKD8 or SAL&, CLOSXNG PROCKDURKs The deed shall be recorded upon clearance of funds. If an abstract of
title haa been furnished, evidence of title shall be continued at Buyer's expense to ahow title in Buyer, without
any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. All
Closing proceeds shall be held in escrow by Seller's attorney or other mutually acceptable escrow agent for a
period of not more than 5 days after closing date. If Seller's title is rendered unmarketable, through no fault of
Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have )0 days
from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all
deposit (s) shall. upon written demand by Buyer and within 5 days after demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey the
Property to Seller by special warranty deed and bill of sale. If Buyer fails to make timely demand for refund,
Buyer shall take title as is, waiving all rights against Seller aa to any intervening defect except aa may be
available to Buyer by virtue of warranties contained in the deed or bill of sale. If a portion of the purchase
price is to be derived from institutional financing or refinancing, requirements of the lending institution as to
place, ti~ of day and procedures for closing, and for disbursement of mortgage proceeds shall control over
contrary provision in this Contract. Seller shall have the right to require from the lending institution a written
commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable
to Buyer~mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S., as &mended.
Q. ESCROWI Any escrow agent (~Agent~) receiving funds or equivalent i. authorized and agrees by acceptance of
them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with
terma and conditions of Contract. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt
as to Agent's duties or liabilities under the provisions of Contract, Agent may, at Agent's option, continue to
hold the subject matter of the escrow until the parties hereto agree to its disbursement, or until a judgment of a
court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of
the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all
.'
liability on the part of Agent shall fully terminate. except to the extent of accounting for any items previously
delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S.,
as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or
in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorneys'
fees and costs incurred with these amounts to be paid fram and out of the escrowed funds or equivalent and char;ed
and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person
for misdelivery to Buyer or Seller of iteme subject to this escrow, unless such misdelivery is due to willful
breach of Contract or gross negligence of Agent.
K. A~ FK&8, COST81 In any litigation. including breach, enforcement or interpretation, arising out of this
Contract, the prevailing party in such litigation which, for the purposes of this Standard. shall include Seller,
Buyer. and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F,S., as amended,
shall be entitled to recover fram the non-prevailing party reasonable attorney's fees, costs, and expenses.
a. J'ULUU OJ' P~I Except as provided in Paragraph VII, if Buyer fails to perfo:nn this Contract within
the time specified (including payment ot all deposit(sll, the deposit(sl paid by Buyer and deposit(sl agreed to be
paid, may be recovered and retained by or for the account of seller as agreed upon liquidated damages,
consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller
shall be relieved of all obligations under Contract; or Seller, at Seller'S option, may proceed in equity to
enforce Seller'S rights under this Contract. If, for any reason other than failure of Seller to make Seller's title
marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek
specific performance or elect to receive the return of Buyer's depositlsl without thereby waiving any action for
damages resulting from Seller's breach.
T. CORTIUoCT 110'1' UCOItDABU, ,D8OJI8 BOUIID, 110'1'1:01 Neither this Contract nor any notice of it shall be recorded
in any public record.. This Contract shall bind and inure to the benefit of the parties and their succe.sor. in
interest. Whenever the context permits. singular shall include plural and one gender shall include all. Notice
given by or to the attorney for any party shall be as effective as if given by or to that party.
v. COIIYftAlllC&I Seller shall convey title to Real Property by statutory warranty, trustee's, personal
representative's or guardian'S deed. as appropriate to the status of Seller, subject only to matters contained in
Paragraphs VI and XII and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be
transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise
provided for herein.
V. OTH&R ~Sl No prior or present agreements or representations shall be binding upon Buyer or Seller
unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the
parties unless in writing and executed by the party or parties intended to be bound by it.
W. ~X.81 Seller warrants that there are no facts known to Seller materially affecting the value of the
Property which are not readily observable by Buyer or which have not been disclosed to Buyer.
o/(
ttr1
!
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
_:'110 \J\V hi i\VL:-Jl T' ik\ 1<A\' BEACH. FLORIDA 3J444
TfUYIIO]\'L :')hi .:i ~,,"!j "I-AC'Sll'vllU:: 561/:27X-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
bad
All-America City
, , III: DATE:
1993 TO:
2001
MEMORANDUM
November 7,2005
FROM:
City Commission
David Harden, City Manager Jh
Terrill C. Barton, Assistant City Attorney COJ'
SUBJECT:
Resolution No. 81-05
Attached to this memorandum please find Resolution No. 81-05 which confirms
the City's intent to transfer/sell the property referenced above to Reginald B.
Jonas, a single man, and Elizabeth Taylor, a single woman, for housing purposes
as part of the Carver Square Relocation Project. Also attached please find a
partially executed Contract for the Sale and Purchase of the above-referenced
property.
Please place the Resolution and supporting documents on the agenda for the
November 15, 2005 City Commission meeting for consideration.
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
\C)~
RESOLUTION NO. 81-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO
TRANSFERlSELL REAL PROPERTY IN THE CITY OF DELRAY
BEACH WHICH PROPERTY IS LOCATED AT 602 S.W. 1st STREET, AS
MORE PARTICULARLY DESCRIBED HEREIN, TO REGINALD B.
JONAS, A SINGLE MAN, AND ELIZABETH TAYLOR, A SINGLE
WOMAN, TO BE UTILIZED AS HOUSING AS PART OF THE CARVER
SQUARE RELOCATION PROJECT.
WHEREAS, the City of Delray Beach, Florida, desires to transfer/sell property located at 602 S.W.
I st Street for the purpose of providing housing as part of the Carver Square Relocation Project; and
WHEREAS, the City acquired the property from the County as the result of unpaid property taxes;
and
WHEREAS, the City Commission has determined that it is in the best interest of the City of Delray
Beach, Florida, to transfer/sell said property for the purpose described above; and
WHEREAS, the City Commission has determined that the transfer/sale of the property described
above will promote the general welfare of the residents of the Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees
to transfer/sell the North 100 feet ofthe East 135 feet of Block 14, Town of Linton (now Delray), according
to Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, to Reginald B. Jonas, a single
man, and Elizabeth Taylor, a single woman.
Section 2. That the terms and conditions contained in the Contract for Sale and Purchase and
addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on the day of , 2005.
ATTEST: MAYOR
City Clerk
CONTRACT FOR SALE AND PURCHASE
PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, 100 N.W. 1,t
Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), ("Seller"), and the
REGINALD B. JONAS, a single man, and ELIZABETH TAYLOR, a single woman, ("Buyer"),
716 S.W. 2nd Terrace, Delray Beach, FL 33444 (Phone: 561-274-2297), hereby agree
that the Seller shall sell and Buyer shall buy the following described Real
Property and Personal Property (collectively "Property") upon the following terms
and conditions, which INCLUDE the Standards for Real Estate Transactions
("Standard(sl") on the reverse side hereof or attached hereto and riders and any
addenda to this Contract for Sale and Purchase ("Contract").
I. DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida: The North 100 feet of the East 135 feet of Block 14, Town of
Linton (Now Delray) according to the Plat thereof recorded in Plat Book 1,
Page 3, Public Records of Palm Beach County, Florida
Property Control No. 12-43-46-16-01-014-0140
(b) Street address, city, zip, of the Property is: 602 S.W. 1st Street,
Delrav Beach, Florida 33444
II.
PURCHASE PRICE
PAYMENT:
$40,0000.00
(a)
Deposit(s) to be held in escrow by Robert W.
Federspiel, P.A. Trust Account in the amount of
$ 5,000.00
(b)
Balance to close shall be paid in the form of
U.S. cash or a LOCALLY DRAWN certified or
cashier's check, subject to adjustments
or prorations
$35,000.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: I f this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated in
writing between the parties on or before December 1, 2005, the deposit(s) will,
at Buyer's option, be returned and this offer withdrawn. The date of Contract
("Effective Date") will be the date when the last one of the Buyer and the Seller
has signed this offer. A facsimile copy of this Contract and any signatures
thereon shall be considered for all purposes as originals.
IV. TITLE EVIDENCE: Within thirty (30) days from the Effective Date of this
Contract, (CHECK ONLY ONE): Seller shall, at Seller's expense, deliver to
Buyer or Buyer's attorney; OR X Buyer shall at Buyer's expense obtain (CHECK
ONLY ONE) : abstract of title or X title insurance commitment (with legible
copies of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance.
V. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered within one hundred twenty (120) calendar days following
the execution of this Contract, unless modified by other provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public utility
easements of record (easements are to be located contiguous to Real Property
lines and not more than 10 feet in width as to the rear or front lines and 7-1/2
feet in width as to the side lines, unless otherwise stated herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
mortgages, if any (if additional items, see addendum); provided that there exists
at closing no violation of the foregoing.
1
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; Seller shall deliver occupancy of Property to Buyer at time of closing
subject to Paragraph XI E.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of this
Contract in conflict with them.
IX. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) may assign and thereby be
released from any further liability under this Contract; may assign but not be
released from liability under this Contract; or ~ may not assign this Contract.
X. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Addi tional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach
addendum and CHECK HERE ~.
XII VOIDABILITY: Buyer and Seller agree that this Contract is contingent upon
the Seller's ability to successfully quiet title to the property described in
Paragraph I. In the event that title is not successfully quieted, the contrsct
shall be void and there shall be no liability on either the Buyer or Seller for
failure to continue to perform under the terms of this Contract.
By:
Date
REGINALD B. ~
By: / ~
~.
Print Name: 'K.e'lIM Id
Social Security
or Tax ID No. 2..64- 7J-~
~1!
CITY OF DELRAY BEACH
Print Name:
Tax ID No.
ELIZABETH TAYLOR j n
By: P -la1~- JY
Social Security rq,
or Tax ID No. O' 3' OJ.
I'Li05
D t
~$<f9
Deposit(s) under Paragraph II(a) received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDERSPIEL, P.A. (Escrow Agent)
By:
2
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
CITY OF DELRAY BEACH, a Florida municipal corporation
BUYER:
REGINALD B. JONAS, a single man and ELIZABETH TAYLOR, a single
woman
PROPERTY ADDRESS:
602 S.W. 1st Street, Delray Beach, Florida
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. FOREIGN INVESTME:NT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties
shall comply with the provisions of Internal Revenue Code Section 1445 and
applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person
for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and
prior to closing the Seller shall provide the Buyer with a certificate of non-
foreign status in the manner provided in Treasury Regulations Section 1.1445-2.
If the Seller provides the Buyer with such certificate, and if the Buyer is
otherwise permitted to rely on such certificate under those Regulations, the
Buyer shall not withhold under Internal Revenue Code Section 1445.
If the Seller is a 'foreign person' as defined by the Internal Revenue
Code, the Buyer generally is required to withhold 10% of the gross sales price
from the Seller at closing and to pay the withheld amount over to the Internal
Revenue Service (IRS) unless an applicable exemption from withholding or a
limitation on the amount to be withheld is available. To the extent that the cash
to be paid over to the Seller at closing is insufficient to cover the Buyer's
withholding obligation, the Seller shall provide to the Buyer at closing cash
equal to such excess for purposes of making such withholding payment. If the
Seller's federal income tax on the gain is less than the applicable withholding
amount, the Seller may make advance application to the IRS for reduced
withholding and, if granted, the Buyer shall withhold only the authorized reduced
amount. If such ruling has not been received by closing, the parties at closing
shall enter into an escrow agreement reasonably satisfactory to the Buyer and
Seller pending receipt of the ruling, provided that at closing the Seller shall
have the obligation to provide to the escrow agent from the closing proceeds (or
from the Seller I s other resources if necessary) cash equal to the maximum
required withholding, with any excess withholding being refundable to the Seller
upon receipt of a favorable ruling from the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the
Seller to have a U.S. federal taxpayer identification number and to supply that
number on the foregoing forms. A foreign individual may acquire an International
Taxpayer Identification Number for this purpose. Since it may take several weeks
to receive the number after application and the IRS will not process these forms
without the actual number, a party lacking a TIN is advised to apply immediately.
B. The Buyer shall have sixty (60) calendar days within which to conduct
any and all feasibility studies and determinations relative to the suitability for
the acquisition of the subject property by the Buyer and the Buyer reserves the
express right to terminate this Contract at any time during said period for any
reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a
full refund of all deposit monies paid hereunder. Buyer shall be granted
reasonable access to the premises to conduct such feasibility studies and
determinations, including environmental assays, core drilling, surveys, soil
sampling and other such testing.
c. This Contract is expressly contingent and conditioned upon the approval
of the same by the City Commission of the City of Delray Beach.
D. The parties represent and warrant that there is no broker involved in
this transaction to whom a commission would be due.mXXRx~~~
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SELLERS' INITIALS:
BUYER'S INITIALS:
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STANDARDS PaR RBAL BSTATB TRANSACTIONS
A. avx~ or ~IT~1 (l)An abstract of title prepared or brought current by a reputable and existing abstract
finm (if not existing then certified as correct by an existing finm) purporting to be an accurate synopsis of the
instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is
located, through Effective Date. It shall commence with the earliest public records. or such later date as may be
customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject to
the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a
Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy
of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject only to
liens, encumbrances, exceptions or qualification provided in this Contract and those which shall be discharged ~
Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions
or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title
Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if
abstract, or 5 days, if title commitment, fram date of receiving evidence of title to examine it. If title is
found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the
defect(s) render title unmarketable, Seller will have 30 days fram receipt of notice to remove the defect(s),
failing which Buyer shall, within five (5) days after expiration of the thirty (30) day period, deliver written
notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Seller
shall use diligent effort to remove the defects; or (2)requesting a refund of deposit(s) paid which shall
immediately be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the
title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) in
title within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall either
waive the defects, or receive a refund of deposit (s), thereby releasing Buyer and Seller fram all further
obligation under this Contract.
.. PUJtCB&Ig IIOa'I' MOJl'l'OACDI SSCUIlIft' alftl--W 'lO "Ll.D.1 A purchase money mortgage and mortgage note to Seller
shall provide for a 30 day grace periOd in the event of default if a first mortgage and a 15 day grace period if
second or lesser mortgage; shall provide for right of prepayment in whole or in part without penaltYl shall permit
acceleration in event of transfer of the Real Property; shall require all prior lien and encumbrances to be kept in
good standing and forbid modifications of or future advances under prior mortgage(s); shall require Buyer to
maintain policies of insurance containing a standard mortgagee clause covering all improvements located on the Real
Property against fire and all perils included within the te~ .extended coverage endorsementsM and such other risks
and perilS as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage,
note and security agreement shall be otherwise in form and content required by Seller; but Seller may only require
clauses customarily found in mortgages, mortgage notes, and security agreements generally utilized by saving and
loan institutions or state or national banks located in the county wherein Real Property is located. All Personal
Property and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security
agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment will exceed the
periodic payments thereon.
C. SUKVWYI Buyer, at Buyer's expense, within time allowed to deliver evidence of title, may have Real Property
surveyed and certified by a registered Florida surveyor. If the survey discloses encroachments on the Real Property
or that improvements located thereon encroach on setback lines, easements, lands of others, or violate any
restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect.
" ...1iI_81 91*.l al!. ., iN!. sr' S UJlil!IISS. 1 !alii-II. 'e.... a118 ell ie asH ail!' B l.li8lllfl d H&Ia anli .s SlIamil'!B same, ~
lI.a B Rsal P..J1el"~ ItlsJlu_si.... a Fled_ t;u..iHsll FU'6 Seutnl 9IIu..u I "9Ilua'ES"-) '6s j.all.ei!RI.il'!s if tilera l.S ~
id~h aalli a unni.e !.II.EU&lll!ihfi U illi_le eniaHf1' Iiarnau fl!"811 'e.anlltu il\hs'e.i1'e.i.s" &1\ Hils PlFS'JlUE'l3, If dEllar
'SI' !isHh ua IS9111, B~Br HI ha a I M}S '.\!"S1Il lia'n af I!i.tel\ !le.ies 'heres' H.hb hisR 'n lis 8 BU' sf
.l!utIllBII's. if JUt_iI'BIi. uHIlra..ali I!I~ Ehe gpSll..U ..d all eI.Mr\a,e t.RsJlss.ei iUul esHlUlaB!i. ~ a Hutsell BW.i.lElU 81!
,ellel's.l S8R.lraalaSlr SallsI' shall P&:l alia 88a_1I SE 'l;lrU_IUI t aM. I!spa..ilr af all MrnaJe <lJI laB 'f.ka HlBIUlIl )In ilia. ill.
Palr&'l'a,k Ii-I IE eslailfLa'l;ael eu.. SlUlesel _Rala &mSIilI!i. BII.~el! allall ha. e .lle SpHSR SE u. saHRI Ekis
GaR'ra.sa i.lli" i ~ II &hal" I! usi" af 881\1;.I"&S_al" 8 Ira,ail' es'e.ima'l;8 B:. Ii tAl 11!iU.eR KaHlle laa hsll.. Br B~ u
RlS.:, sles' .s Jll4eaull i'sfl die .IrMl.sas'&i.eI'!. aIli .assi e a s.ed!.'I; a. elssil'lJ SIl. ERe UIB-A'& Jlla iEis. iR Pal!a'lra,it.
(al "'l'al'l'lli'&u. ell.ll!as !iBBRlail _a i. .1,lIh all eall .d8s.n~i.1I1 8l!',anl.Sa~ I'SIIWl.lfell lS it! nJBil'saa liljaI' 'he
Flslrilia Pas. QeJ!hel -e.. AS iUflSllilBliI
.. INQaXS8 ~ KaKKS81 Seller warrants and represents that there is ingress and egress to the Real Property
sufficient for the intended use as described in Paragraph VI hereof, title to which is in accordance with Standard
A.
r. L&A8... Seller shall, not 1es. than 15 days before closing, furnish to Buyer copies of all written leases and
estoppel letters from each tenant speCifying the nature and duration of the tenant's occupancy, rental rates,
advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the
same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit,
and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign
all original leases to Buyer.
G. LX"" Seller shall furnish to Buyer at time of clOSing an affidavit attesting to the absence, unless
otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and
further attesting that there have been no improvement. or repairs to Property for 90 days immediately preceding
date of clo.ing. If Property has been improved, or repaired within that time, Seller shall deliver releases or
waivers of mechanics' lien. executed by all general contractors, subcontractors, suppliers, and materialmen in
addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors,
suppliers and materialmen and further affi~ing that all charges for improvements or repairs which could serve as a
basis for a mechanic's lien or a claim for damage. have been paid or will be paid at closing of this Contract.
K. PLACK or CLOaINQ: Closing shall be held in the county where Real Property is located, at the office of the
attorney or other closing agent designated by Seller.
I. ~I"I In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal
holidays shall be excluded. Any time periods provided for herein which shall end on Saturday, Sunday or legal
holiday shall extend to 5;00 p.m. of the next business day. ~~ ie of tb. ..eeDe. in thi. Contract.
'.
J. tIOClJJCII;IftS FOJl CLOBlllh Seller shall furnish deed. bill of s&1e, construction lien affidavit. owner'.
possession affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments.
Buyer shall furnish closing statement. mortgage, mortgage note, security agreement, and financing statements.
It. .xJIbS..1 Documentary stamps on the deed and recording corrective instruments shall be paid by Seller.
Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed. and recording of
purchase money IOOrtgage to Seller, deed and financing statements shall be paid by Buyer. unless otherwise provided
by law or rider to this Contract. charges for the following related title services. namely title or abstract
charge, title examination. and settlement and closing fee, shall be paid by the party responsible for furnishing
the title evidence in accordance with Paragraph IV.
L. ~ROkATX0N8, CRKDr781 Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property
shall be prorated through day before Closing. Buyer shall have the option of taking over any existing policies of
insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased
a. may be required by prorations to be made through day prior to closing or occupancy if occupancy occurs before
closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be
credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum
allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is
not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the
prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior
year's tax. If there are completed improvements on Real Property by January 1st of year of closing, which
improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the
prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request
will be made to the County Property Appraiser for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of
tax bill on condition that a statement to that effect is signed at closing.
M. B~SCIAL aa......-r Lr.IR8l Certified. confirmed and ratified special assessment liens as of date of closing
(not as of Effective Date) are to be paid ~ Seller. Pending liens as of date of closing shall be assumed by
Buyer. If the improvement has been substantially completed as of Effective Date, any pending lien shall be
conddered as certified, confirmed or ratified and Seller shall, at closing, be charged. an amount equal to the last
estimate of assessment for the improvement ~ the public body.
. IJIIII'..ilDIf. MN.H .118 lat -.. SsllBl! all'llall'l. UM... all sf 19 ...~. ,..hI!' II BlasiR" 'dlS UUiR" n"
(bleb.siR, 'du huia an. 8eUh.al all. ell.e..h.. all. iIl.nin aIls. (slil\....i.ell. sea aIls (n SIflJ.I. ahR.) ilRII
IIS8h.,s S8 UlH lla I aw., "IEISJ;.ii1 iir'IgmfGlII sf lullS. la.e.. iiUll&.e ell' e.l:!l:t.s......-al SI.IJlI.IS aRB .ft.'e Uu. sSIl'aiB 'aanli,
Ilss1. all AII,liansB8, lI'ul'lllll inl heINl, l'lBilHtl,. sulilll', dU.l!i.u.l. ,liUMiRI .}S\1SR18 ilRa II1as'hills~ a.-s iJ \)QJ<IKnPCi
S9lJlH'l'I'WlJ 'PIle ill!'SISiRI anal! 'a~ s'han i1e liftEd .s .Iu HMIII sJluUiei W\lasa nhel!'l hs 1ll!S illes ill aR AlI,S.!llI'"
8J.~el!' _}. a& 8ll.:}81!"S eupeRsa, J:la s iRslle8.tslls IUli. sf ElU!!. i.l;iBfIIB ~ .. Ii!... ur bii lllilal spsel.alhiRI ill 'h_
it eJ.u.i.BRs aRa halab. all. sSIUtlla'e..isllal Heal\se 18.. sl:l.sh 1lll.I!JIUS (if l!slI\iillslil Sir B~ all. .IlJIlElllllia'eal~ HUllssll
I?lelri!ia uflEIfAB'Eiall' 9.,1;'81 slu.ll. plrial!'.s 8l:1'..BI'. E188l:t.llalll.S'~ SIf fie. lass .h&Jl lQ M:}S Ill!'iu 'as shsiR!. llteR. a.-
SSSil!". fil!'s'. ~a,e.. if! l!'iEiH, \1s Sellsll sl:t.sll iE~~ .ha. lie B8\1 ~B8\1 \1ha alls S sEana.llas as .e iaissEs YAles!!
g~ all' Ei~Bl:. ..S,llI'U 1!I"'l!Ik liafesEs. 8~ a.. sRall ss seeMslI &S R. a ai sli GIllu' S rU'lr6R&leS as \1a lishns RS\1
48'S ..sli If l!s,aiu SI inJl.serneRI;. als IrBll\iilrsil \1a sa..l:. i.'a'h Ellis E:EaIIlMlrd. Sellsl!' shall uJ.se EA8IIll .8 lis malia
ilHll 8ka.ll Jlal Ii' \!i8 Ells aI1 Slilll\!i JlU iliall ill Fua'1!8IIA _ (ill lisllaw ia flBE u~il!'ali \!iB IIlaJlS I!'SIl&!.iI!'S U'
il'aplaaelllsRES sf a sss~s.h Ra.l:llrB I:H leu 8&I:lSSrl lI~ a ilBiui Sallu is l!BB,stsiels \!i8 Irepa!ll' u'iI!s,laBS IE 'efis
8a&E sf SilleR l:!sJaie- Sir IlS,lilsamsll\1 aurnaM Efie amll:lllE ,IlS idsll it Falralil'ap" (Ial. ~ BI 811 E:ellal!' ~ slas. \s
.1.:. IJ.811 ells.ss. iailia, 1 Risll siEflu ,UE:' lira:. eall sel .Ais SSR\lraeE Ii Ssllu is Mash .s SSl!'ifSS& ERe liaias\1s
....isll' u .lsabil, \;Re ese' 'e1l8llui sMIl 88 paill LI\.. 888..S a. .laslll' SellsI!' ellall. "'PSR il!'usBlla81s flsEi.ea.
:filS iaB I!Hliiisa aap in lIlI\ll 1.881l188 EBI EAS F.e,."Ell hw ifls,aUhRe, i.1Uli.llH.Il' a alII \1J:lil!'UI'fl Il.l!iu .S shsiR,. .S
gnU.. ERaE all he.ms Ii l?ail!'SBflill Fi!'S,Il!FE:' ilia SIl EAs Flsal PI'8,BiI!'.} ilHa. slila:jssl;; .s \!iRs hil'elaiHI. \!iRati all
1l8l11d.i!'a. il!'spaiil's and l!'eJllaS8lIlBI \!is Ra a lusl\ IraaB anll aha. .A. P.sPS!!.:" iflsll!liin, Bu.E illS. Iillli.a' lis. 11. ~.
Sfllll!}aBSJ.. alii psel, ,U: aWol. Ras sasl Rl&i"'laiasrl till Eke sallsil!isll eU1S'6t.RI as sf Elias.! e gal!s. aIlEU.Rall.. aalr ilflil
Esau allle,ls.
; ..IlK g:r 1.91'11 Ii .lle Pl!'eJsl!.~ is eiaJIlalsj iI':l U.e alF SERa.. easliiilh:. ssielrs stuil'l' III'lIi S88\1 d llul:.uil'Eiiell lisu
I\e. !.luna l'Ii eI Ehl ass8Bsul allialisR sf 'eke P"E1'BIr.:' aa Mma,sil. SBBa sI ..esESiFa'lisfI sllall sa at asli..ais.. "
.Ila liallail' A"S aleail I sllall ,Iesseli JlJ.lrS~"''e &S Ella .s~ sf SS""Ir.S. tlik I'SSESIr..isf! BSSEe eaBrB eli .1.1 slesiBI
II .ke ses. Ii l'ell.8li!a.ist susssas )'11 SE Efls ass sse sa al...a"illll af Elle iRlliU!"B _St.s 81 Ilamalsel, 81jl~ BIl sRall lu. 8
EI'18 ell.ilR s. si.ll.ksw II.&Jlil\l I?lrs~al!'.} as lS, 1.8ISIi.... ilk 8l'6luI !ills .n Sir al'V.i il\sllII.anes IlI!8Seeele pa~asl8 ~ I.I!'.I:IS
al s~sk less elf' liama.,s. HI! sf sa~BetiRI Ga~.WI.IE alii Ilsssi ill' IrS.W~ af is'8S1'f;lsl
~. ~a0czKD8 or &ALa, CLOIIMG ~ROC~I The deed shall be recorded upon clearance of funds. If an abstract of
title haa been furnished, evidence of title shall be continued at Buyer'. expense to show title in Buyer, without
any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. All
closing proceeds shall be held in escrow ~ Seller's attorney or other mutually acceptable escrow agent for a
period of not more than 5 days after closing date. If Seller's title is rendered unmarketable, through no fault of
Buyer, Buyer shall, within the 5 day period, notify Sellllr in writing of the defect and Seller shall have 30 days
from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all
deposit{s) shall, upon written demand by Buyer and within 5 days after df!D\o!l.nd, be returned to Buyer and
simultaneoulilly with such repayment. Buyer shall return Personalty and vacate Real Property and reconvey the
Property to Seller by special warranty deed and bill of sale. If Buyer fails to make timely demand for refund,
Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be
available to Buyer by virtue of warranties contained in the deed or bill of sale. If a portion of the purchase
price is to be derived fram institutional financing or refinancing, requirements of the lending institution as to
place, time of day and procedures for closing, and for disbursement of mortgalle proceeda shall control over
contrary proviSion in this Contract. Seller shall have the right to require fram the lending institution a written
commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable
to Buyer-mortgagor. The escrow and closing procedure required ~ this Standard may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S., a8 amended.
Q. &SCRewl Any escrow agent (-Agent-) receiving funds or equivalent is authorized and agrees by acceptance of
them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with
terms and conditions of Contract. Failure of clearance of funds shall not excuse Buyer's performance. If in ~
as to Agent's duties or liabilities under the proviSions of Contract. Agent may, at Agent.s option, continue to
hold the subject matter of the escrow until the parties hereto agree to its disbursement, or until a judgment of a
court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of
the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all
,
liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously
delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S..
as amended. Any suit between Buyer and seller where Agent is made a party because of acting all Agent hereunder, or
in any suit wherein Agent interpleads the subject matter of the escrow. Agent shall recover reasonable attorneys'
fees and costs incurred with these amounts to be paid fram and out of the escrowed funds or equivalent and charged
and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person
for misdelivery to Buyer or Seller of items subject to this escrow. unless such misdelivery is due to willful
breach of Contract or gross negligence of Agent.
.. ATTORBSY FK&I, oosr81 In any litigation, including breach, enforcement or interpretation, arising out of this
Contract. the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller,
Buyer, and any brokers acting in agency or nonagency relationships authorized by Chapter 475. F.S., as amended,
shall be entitled to recover from the non-prevailing party reasonable attorney's fees. costs, and expenses.
8. ruLUU OJ' ,DJ'OJQIUICI:I Except as provided in Paragraph VII, if Buyer fails to perform this Contract within
the time specified lincluding payment of all depositIS)), the depositls) paid by Buyer and depositts) agreed to be
paid, may be recovered and retained by or for the account of Seller as agreed upon liquidated damage.,
consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller
shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to
enforce Seller's rights under this Contract. If. for any reason other than failure of Seller to make Seller's title
marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek
specifiC performance or elect to receive the return of Buyer's deposit Is) without thereby waiving any action for
damages resulting fram Seller's breach.
'1'. C~ 110'1' UCC)m)ULK, ,D8OII8 BOUJID, IlO'l''101 Neither this Contract nor any notice of it shall be recorded
in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in
interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice
given by or to the attorney for any party shall be as effective as if given by or to that party.
V. COJIVKYAliCSI Seller shall convey title to Real Property by statutory warranty, trustee's, personal
representative's or guardian'S deed, as appropriate to the statuB of Seller, subject only to matters contained in
ParagraphS VI and XII and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be
transferred by an absolute bill of sale with warranty of title. subject only to such matters a8 may be otherwise
provided for herein.
V. OTR&K AQ~81 No prior or present agreements or representations sball be binding upon Buyer or Seller
unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the
parties unless in writing and executed by the party or parties intended to be bound by it.
.. ~.81 Seller warrants that there are no facts known to Seller materially affecting the value of the
Property which are not readily observable by Buyer or which have not been disclosed to Buyer.
~A
.'&M
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
"I)iI NW hi AVI'NI 'I ,! ill RAY BEACII. FLORIDA 33444
!'II U'1I0~L: )I, L'" ',,,,,,,. I-,\CSl\lILE, 5(d/27HA755
Writer's Direct line: 561/243-7090
DELRAY BEACH
ItIr:aI:Ii
All-America City
, , III! ~:TE
1993
2001
MEMORANDUM
November 7,2005
City Commission
David Harden, City Manager
rorf7
FROM:
Terrill C. Barton, Assistant City Attorney
SUBJECT: Resolution No. 82-05
Attached to this memorandum please find Resolution No. 82-05 which confirms
the City's intent to transfer/sell the property referenced above to Louis Saint Fort
and Josette Saint Fort, his wife, for housing purposes as part of the Carver Square
Relocation Project. Also attached please find a partially executed Contract for the
Sale and Purchase of the above-referenced property.
Please place the Resolution and supporting documents on the agenda for the
November 15, 2005 City Commission meeting for consideration.
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
\<0'S.
RESOLUTION NO. 82-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO
TRANSFERlSELL REAL PROPERTY IN THE CITY OF DELRAY
BEACH WHICH PROPERTY IS LOCATED AT 802 S.W. 3RD STREET,
AS MORE PARTICULARLY DESCRIBED HEREIN, TO LOUIS SAINT
FORT AND JOSETTE SAINT FORT, HIS WIFE, TO BE UTILIZED AS
HOUSING AS PART OF THE CARVER SQUARE RELOCATION
PROJECT.
WHEREAS, the City of Delray Beach, Florida, desires to transfer/sell property located at 802 S.W.
3rd Street, for the purpose of providing housing as part ofthe Carver Square Relocation Project; and
WHEREAS, the City acquired the property from the County as the result of unpaid property taxes;
and
WHEREAS, the City Commission has determined that it is in the best interest of the City of Delray
Beach, Florida, to transfer/sell said property for the purpose described above; and
WHEREAS, the City Commission has determined that the transfer/sale of the property described
above will promote the general welfare of the residents ofthe Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees
to transfer/sell the West 79 feet of the East 104 feet of the North Yz of the North Yz of the Southeast Y. of the
Southeast Y. of the Southwest Y. of Section 17, Township 46 South, Range 43 East, Delray Beach, Florida,
less the N.25' thereof, to Louis Saint Fort and Josette Saint Fort, his wife.
Section 2. That the terms and conditions contained in the Contract for Sale and Purchase and
addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on the _ day of , 2005.
ATTEST: MA YOR
City Clerk
CONTRACT FOR SALE AND PURCHASE
PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, 100 N.W. l't
Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), ("Sellern), and the JEAN
LOUIS SAINT FORT and JOSETTE SAINT FORT, his wife, ("Buyer"), 702 S.W. 2M
Terrace, Delray Beach, FL 33444 (Phone: 561-272-4558), hereby agree that the
Seller shall sell and Buyer shall buy the following described Real Property and
Personal Property (collectively "Propertv") upon the following terms and
conditions, which INCLUDE the Standards for Real Estate Transactions
("Standard(s)") on the reverse side hereof or attached hereto and riders and any
addenda to this Contract for Sale and Purchase ("Contract").
I. DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida: The West 79 feet of the East 104 feet of the North ~ of the
North ~ of the Southeast " of the Southeast " of the Southwest " of
Section 17, Township 46 South, Range 43 East, De1ray Beach, Florida. Less
the N. 25' thereof.
Property Control No. 12-43-46-17-43-000-0010
(b) Street address, city, zip, of the Property is: 802 S.W. 3~ Street,
Delray Beach. Florida 33444
II.
PURCHASE PRICE
PAYMENT:
$40,000.00
(a)
Deposit(s) to be held in escrow by Robert W.
Federspiel, P.A. Trust Account in the amount of
$ 5,000.00
(b)
Balance to close shall be paid in the form of
U.S. cash or a LOCALLY DRAWN certified or
cashier's check, subject to adjustments
or prorations
$35,000.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated in
writing between the parties on or before December 1, 2005, the deposit!s) will,
at Buyer's option, be returned and this offer withdrawn. The date of Contract
("Effective Date") will be the date when the last one of the Buyer and the Selle!>
has signed this offer. A facsimile copy of this Contract and any signatures
thereon shall be considered for all purposes as originals.
IV. TITLE EVIDENCE: Within thirty (30) days from the Effective Date of this
Contract, (CHECK ONLY ONE): Seller shall, at Seller's expense, deliver to
Buyer or Buyer's attorney; OR X Buyer shall at Buyer's expense obtain (CHECK
ONLY ONE): ___abstract of title or ~title insurance commitment (with legible
copies of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance.
V. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered within one hundred twenty (120) calendar days following
the execution of this Contract, unless modified by other provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public utility
easements of record (easements are to be located contiguous to Real Property
lines and not more than 10 feet in width as to the rear or front lines and 7-1/2
feet in width as to the side lines, unless otherwise stated herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
1
mortgages, if any (if additional items, see addendum); provided that there exists
at closing no violation of the foregoing.
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; Seller shall deliver occupancy of Property to Buyer at time of closing
subject to Paragraph XI E.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS:
provisions, riders and addenda shall control all
Contract in conflict with them.
IX. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) may assign and thereby be
released from any further liability under this Contract; may assign but not be
released from liability under this Contract; or ~ may not assign this Contract.
Typewritten or handwritten
printed provisions of this
X. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach
addendum and CHECK HERE ~.
XII VOIDABILITY: Buyer and Seller agree that this Contract is contingent upon
the Seller's ability to successfully quiet title to the property described in
Paragraph I. In the event that title is not successfully quieted, the contract
shall be void and there shall be no liability on either the Buyer or Seller for
failure to continue to perform under the terms of this Contract.
By:
CITY OF DELRAY BEACH
Date
Print Name:
Tax ID No.
Social Security @? v: ~S7
or Tax ID No. -t:1 -.
JOSETTE SAINT FORT
By: r ~/<o
Da e
Print Name:;k;'Se.-tf-c. So-.,~r fbrf-
Social Security
or Tax ID No. ,572.~.J---f/Zr....
Deposit(s) under Paragraph II(a) received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDERSPIEL, P.A. (Escrow Agent)
By:
2
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
CITY OF DELRAY BEACH, a Florida municipal corporation
BUYER:
JEAN LOUIS SAINT FORT and JOSETTE SAINT FORT, his wife
PROPERTY ADDRESS: 802 S.W. 3rd Street, Delray Beach, Florida
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties
shall comply with the provisions of Internal Revenue Code Section 1445 and
applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person
for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and
prior to closing the Seller shall provide the Buyer with a certificate of non-
foreign status in the manner provided in Treasury Regulations Section 1.1445-2.
If the Seller provides the Buyer with such certificate, and if the Buyer is
otherwise permitted to rely on such certificate under those Regulations, the
Buyer shall not withhold under Internal Revenue Code Section 1445.
If the Seller is a 'foreign person' as defined by the Internal Revenue
Code, the Buyer generally is required to withhold 10% of the gross sales price
from the Seller at closing and to pay the withheld amount over to the Internal
Revenue Service (IRS) unless an applicable exemption from withholding or a
limitation on the amount to be withheld is available. To the extent that the cash
to be paid over to the Seller at closing is insufficient to cover the Buyer's
withholding obligation, the Seller shall provide to the Buyer at closing cash
equal to such excess for purposes of making such withholding payment. If the
Seller's federal income tax on the gain is less than the applicable withholding
amount, the Seller may make advance application to the IRS for reduced
withholding and, if granted, the Buyer shall withhold only the authorized reduced
amount. If such ruling has not been received by closing, the parties at closing
shall enter into an escrow agreement reasonably satisfactory to the Buyer and
Seller pending receipt of the ruling, provided that at closing the Seller shall
have the obligation to provide to the escrow agent from the closing proceeds (or
from the Seller's other resources if necessary) cash equal to the maximum
required withholding, with any excess withholding being refundable to the Seller
upon receipt of a favorable ruling from the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the
Seller to have a U.S. federal taxpayer identification number and to supply that
number on the foregoing forms. A foreign individual may acquire an International
Taxpayer Identification Number for this purpose. Since it may take several weeks
to receive the number after application and the IRS will not process these forms
without the actual number, a party lacking a TIN is advised to apply immediately.
B. The Buyer shall have sixty (60) calendar days within which to conduct
any and all feasibility studies and determinations relative to the suitability for
the acquisition of the subject property by the Buyer and the Buyer reserves the
express right to terminate this Contract at any time during said period for any
reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a
full refund of all deposit monies paid hereunder. Buyer shall be granted
reasonable access to the premises to conduct such feasibility studies and
determinations, including environmental assays, core drilling, surveys, soil
sampling and other such testing.
o. This Contract is expressly contingent and conditioned upon the approval
of the same by the City Commission of the City of Delray Beach.
D. The parties represent and warrant that there is no broker involved in
this transaction to whom a commission would be du~~~jW~~~~~xHkm
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SELLERS' INITIALS:
BUYER'S INITIALS:
~,5
y
STANDARDS FOR RllAL BSTATB T1lA!IIllACTJ:ONS
A. BVZ~ or T~~I (l)An abstract of title prepared or brought current by a reputable and existing abstract
firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the
instruments affecting title to Real Property recorded in the public recorda of the county wherein Real Property is
located, through Effective Date. It shall commence with the earliest public records, or such later date as may be
customary in the county. Upon closing of this Contract. the abstract shall became the property of Buyer, subject to
the right of retention thereof by first mortgagee until fully paid. t21 A title insurance commitment issued by a
Florida licensed title insurer agreeing to issue to Buyer, upon reCOrding of the deed to Buyer, an owner's policy
of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject only to
liens, encumbrances, exceptions or qualification provided in this Contract and those which shall be discharged by
seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions
or qualifications set forth in Contract. Karketable title shall be determined according to applicable Title
Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if
abstract, or 5 days, if title cornmdtrnent, from date of receiving evidence of title to examine it. If title is
found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the
defectls) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defect(s),
failing which Buyer shall, within five (5) days after expiration of the thirty (30) day periOd, deliver written
notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Seller
shall use diligent effort to remove the defects; or 121 requesting a refund of deposit (s) paid which shall
immediately be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the
title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) in
title within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall either
waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further
Obligation under this Contract.
a. PtJ1lCBA8a IIODY lIOa'fQAcml UCUJlX'l'Y ..nwt~ '1'0 DLLDI A purchase money mortgage and mortgage note to Seller
shall provide for a 30 day grace period in the event of default if a first mortgage and a 15 day grace period if
second or lesser mortgage; shall provide for right of prepayment in whole or in part without penaltYI shall permit
acceleration in event of transfer of the Real Property; shall require all prior lien and encumbrances to be kept in
good standing and forbid modifications of or future advances under prior mortgage(s); shall require Buyer to
maintain policies of insurance containing a standard mortgagee clause covering all improvements located on the Real
Property against fire and all perils included within the te~ "extended coverage endorsements. and such other risks
and perils as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage,
note and security agreement shall be otherwise in fo~ and content required by Seller; but Seller may only require
clauses customarily found in mortgages, mortgage notes, and security agreements generally utilized by saving and
loan institutions or state or national banks located in the county wherein Real Property is located. All Personal
Property and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security
agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment will exceed the
periodic payments thereon.
C. SDRYZYI Buyer, at Buyer's expense, within time allowed to deliver evidence of title, may have Real Property
surveyed and certified by a reQistered Florida surveyor. If the survey discloses encroachments on the Real Property
or that improvements located thereon encroach on setback lines, easements, lands of others, or violate any
restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect.
D w.N1i'R. B~el'. al! ~BI"8 Bit S8. rH.llil.fI '6i.s a118 all 'UI ieH su II I.IiiBIUll d H.le alii U lauanillS uma, ilia}
~~~~,.';:'~:;':'~-':":''':: -::::.~.: ,='::':'::-;:' ~~~~."::; :::;:'.::';'-::';; "i.:::::~t,:' ,:':::";,:':.~:':~~: ~:.::
ell sa.)!. .!lIrB Ia.mi. lI~e.. i.ll Ra. i lla~s (1'8111 ;lU.ll BE ..i.'ESR flB.i.SB .hlll'ell( hRi.I! liteR 1;8 ll.!l IS suI! III
l!lual!r BII.. if Ile, tired. es'illl&'6eli ll~ ERe 9pel'aEel' ua all liafna'8 bSllee.ell &flll sa.llllA.ell ll~ a li.saflesli :edlllel' ell'
!lefts!!"...l 8!lfl.lfaSESI:l f:elle.. sRall II"'} alia S88'l!.8 sf _!;SaMsRI! ill li !!l!.lla1." !Ii all ii1amalla ll' as EftB all e..Ln. ,irS ide. iR
Pal'arlU,R 1.1 If aSE1._IiBEl sulis ellSSS8 1!ll.&E HlBIlH Ii. 8Li~ el' sllall lla. Ia I!lle BJlElell sf sa-RealiR, Elli.s
S8".I'&II' :LER!" Ii Iia}S ahelf !lsssi,1! sf llBRl!rae'u"s it'allai!! SSIi:L8l&EB s~ Il iR, ~B..Bt1 IIsli:LSB '68 .Gelle!!!" SI! Iht~s.
1I1a:' 8181' liS Ill!"UU8 iER ERe E..aRs.sHeR, ARd. WBui 8 a Sired!" U. slu!"1 SR ERS H SWl' pl'e iaea !ft P&I'&I.a,k
(.1.1 'TBI!'III1.EU. slla11 las liSBlrls;l lie i.fIslLias all 88d deS'i;u:.iRI Sl"lltI !SIIlB iHIIId..eli EB ill!. :r-epSl"lIea 1lH;lS! Uu
Flew!&. Flas. GellEI'1I1 .9E, as ~BflaBi
&. XNGa&SS AND 8aR88S1 Seller warrants and represents that there is ingress and egress to the Real Property
sufficient for the intended use as described in Paragraph VI hereof, title to which is in accordance with Standard
A.
r. L&ASS81 Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and
estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates.
advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the
same info~tion shall be furnished by Seller to Buyer within that time period in the form of a Seller'S affidavit,
and Buyer may thereafter contact tenants to confirm such info~tion. Seller shall, at closing. deliver and assign
all original leases to Buyer.
Q. LX'"I Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless
otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and
further attesting that there have been no improvements or repairs to Property for 90 days immediately preceding
date of closing. If Property has been improved, or repaired within that time, Seller shall deliver releases or
waivers of mechanics' liens executed by all general contractors. subcontractors, suppliers. and materialmen in
addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors.
suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a
basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract.
B. .~ or CLOSINGr Closing shall be held in the county where Real Property is located, at the office of the
attorney or other closing agent designated by Seller.
I. ~IMaI In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal
holidays shall be excluded. Any time periods provided for herein which shall end on Saturday, Sunday or legal
holiday shall extend to 5:00 p.m. of the next business day. ~~ i. of the ....ne. 1n thl. Contract.
J. DOCUIIUI'1'8 J'OJl CLOSIIG. Seller shall furnish deed, bill of sale, construction lien affidavit, owner's
possession affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments.
Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financing statements.
It. .xJIUU81 Documentary stamps on the deed and recording corrective instruments shall be paid by Seller,
Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording of
purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. Unless otherwise provided
by law or rider to this Contract, charges for the following related title services, namely title or abstract
charge, title exancination, and settlement and closing fee, shall be paid by the party responsible for furniShing
the title evidence in accordance with Paragraph IV.
L. PRORATIORS, CREDITS. Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property
shall be prorated through day before closing. Buyer shall have the option of taking over any existing policies of
insurance, if assumable, in which event premdums shall be prorated. Cash at closing shall be increased or decreased
as may be required by prorations to be made through day prior to closing or occupancy if occupancy occurs before
closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be
credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum
allowable discount, homestead and other exemptions. If Closing occurs at a date when the current year's millage is
not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the
prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior
year's tax. If there are cotnpleted improvements on Real Property by January 1st of year of closing, which
improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the
prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request
will be made to the County Property Appraiser for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of
tax bill on condition that a statement to that effect is signed at closing.
M. SPICIAL A8S18~ LIKRSI Certified, confi~ and ratified speCial assessment liens as of date of closing
(not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by
Buyer, If the improvement haa been substantially cotnpleted as of Effective Date, any pending lien shall be
considered as certified, confir.med or ratified and Seller shall, at closing, be charged an amount equal to the last
estimate of assessment for the improvement by the public body.
. I."."";;. ",-li_ 11_ IU.I ~~ Sella" J.......&K'U I;;llal, as d 10 ~s ,dew ,e slnil.l'l.', Ells sdHfll, -nd
(hlsh.liia, I;;ll" iassia ..llt saUl'tal uli su.ui.er al'l.li .....srisr alla, hiiRElal;;iBa, /!leu aIls (elf eltlit. .lell.) aa'
jnha,a liB fl.. ha . aa} "ISIBI:.iI S'.Iesn;8 ei lsahs, a.ar lima,s e~ S'6I!Ii8't;.w.llal Bam&,S. uEl .1 at! "lls SLI"I.!!! .till,
Ilul, all "Ii_Ha! a88, IRsshaI'lisa1 lEE!iRUI, llea'eiR" seaHft" elssE.-inl, Jll.mW!li.rt, s~s'EBRl8 a! S IN.slliI'!BF:. an ia '.lQFIl:tIUG
SeJfBIll'I91f 'Phs h!!"sfai.tl, ...nlH'lE} shall lie IHM.1:.BIi 1:.1 'ells il;;8R18 allsslHBli l.tlle.as eERae'\ he IIIt'S ieies :hi an aEiEisfldIMI.
81i~e~ fII4~, a. BI:l}81r'S ell,use ka B itlSlleniBRS IIIillh s;l '-llua lae.lllQ ~ . h,N, 81' ifllb. iEilial SlluiilHllill' itl lleHle
iflspes.iells au 11 lullhll aK BBsJ.lla'eiaRal lis8tls8 iu s~sll ,.all,aaa liE 1r8li{ahadl a~ ll} aa a"l!l!.JIll:!ia!al} lieetlsll.l!i
Pll!!"ida SBflElraS'-8r B~l!If" sl:!all. IIl1iSilr ES Ihl}U'S l!IS8liJlaas) 8.. a81;; less ...llillt 19 aa>..s IIlliall '-s slssifll, llil!lRl!I l!Ir
SSSHS Ei.~S., IIS,SI''' ifl l!'i1:.ifll 'eel SellsI!' sw.sloI i.8fflB Ella" BS 8S'" HleBE l!lu ass l!I s.atu.alrlia as 'eB safss'f.s ufllsss
B~eif' Hillel} llS)lSif''-S sl!Bh seEaa1:.s, BIi}sif' sllall lla ;iu.Hlaa Ea lla a lili ell S811elF's un.RHu as Ell. saEaslrie J1IEl'a
l!'eJlBliiSs Ii Is,ain U' I'sJllas8I el l! ilil!"a u.lI"!.irall .l!I Be...l} iEll Ellis E.B.flBaIS, !Os.llu SMall BaIiSS 'eMSAl Ee SB ftlllae
afta allall JjI11} J.II ...s .he iHI1Bl!ali pl'e iaBd ia Paralil!"illlil lsl &eller is fie. trBlfliiil!"es "'8 nalle 1I!,ail!s e..
I!splal!ll!lll!!l 'n si a sssllle.il!l I a'EJ.!!"s AII1ue UIiSSBla} a saiest! E:ellet!' is .-espeftsilale I;s lapal\! sl'trBpl.ee Ii .ke
sss. ef sll:lell lepai.- air .-eplaee..e.. aIlSl!.l!.H .)Je arSA" ,irS idea:La Pa~a'laJlk (s], B~el" e.- Ssllu fII4~ sleel! UlI
Jla~ sliBll ausus, iaiHfll kisR siEketr pa~.~ l'U'i eUlael .fiis gSRl;lae. If SelleI' lS 1iR&81e I;e BBI!!!"SS. ...ile EieEn"s
,..bur lrie slssi.ll', 'd'l8 sssl! iillsl'Bsi sull 88 paid ifliis uus a. slesia, &'811el' skall, ii'S' lre.sBa.ele. aH,u,
JI.e ilia I:ll!ili..il!ls sn in a! j ASUSS U 'lis. Pn.Ju'.} hI! iRsJ!lasEisfte, hsllll.llifll a alJi .kllalilh Illfh.- liS sheift., ll..
eaafh.. ERa. all h8INII sf PSI!'SSl a1 PIlS,S.!!'''} u'e Sft ERe Real PiFSpB!!"'} Us, 8rMjSSl! 'n liRe is!!"!)siR', I;,ha'a ...11
UBl(Iii!!'sll .-e,ai.. allli Irs,las. ll. ES ka e 8UJ Rlalle aft. lillat; I;;he PI!'SJ!SI!I;;:. iRl!Ill:lBiR, SI:I' Rat li..,i'6sli 'as la 'ft,
SiU!'dEEBiI!.. al'lS pesl, if aft}, llaB seal'! Rlalflellblell ia 'ehs aatlEiiH8F! l!.lIiaHA' as 8' Eiles!;i s g.B.\e, Bl!"elina~ sail a! S
'Eear SllSl!.J1\l!.S
g _I,,;P 1..;88 II .118 PIBIIU!'l} is iilfflalBIi ~ ii.., 81 SEllSl! sasda.H~ Iaaial's slssiRI alii USE ei e-eIUlr.'listl 518!1
RS'!; suue. J' Ai "fte assesses allia.Hal'l sf Ells. PIlSlleti.:. .e liamalai, BUI;, ai lI!'u.BI!aHeJ BMll sa aft 8sHlal;,iu. af
'Elle SellaiF allll Ilelil'l' sR.ll 't!'SSISl!i ,i:tlr.i:tan. .. .RS l!.eMS a' ;sRI;,!!"as\ i.}! las.slfatiea SSS'S eSSllS sa a\ slssiR'
Ii 'E)Ja ssst sf lresliSlI!'aHsl\ slisees. l'lI iii ells a..esssll alluH.B1 sf .lls iJllfrs MaRas S8 aa.mauli, ih:1} U' sb.all i!a .
'eRe S,H8R sf! eia)Ju 'uhifl, PIS,e.-'} as is, ulnke.. i.ll sHaer .R. J' 81' aR~ l.t1Siilal\n lI11llSuli.!l Jla~H18 S} iiF1W..
a' SIl:lSft lees st!' j.m~,e. al' sf Sal'leelll'!' SaFl.l!ae. &ftli reeet LRI ~SI;,I:IEfI af Be,esi'E(s)
P. PR0CZZD8 OF SALSI CLOSIMO PaocKDURKI The deed shall be recorded upon clearance of funds. If an abstract of
title has been furnished, evidence of title shall be continued at Buyer's expense to show title in Buyer, without
any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. All
closing proceeds shall be held in escrow by Seller'!!! attorney or other mutually acceptable escrow agent for a
period of not more than 5 days after closing date. If Seller's title is rendered unmarketable, through no fault of
Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days
from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all
deposit(sl shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey the
Property to Seller by special warranty deed and bill of sale. If Buyer fails to make timely demand for refund,
Buyer shall take title as is, waiving all rights 119ainst Seller as to any intervening defect except as may be
available to Buyer by virtue of warranties contained in the deed or bill of sale. If a portion of the purcha.e
price is to be derived from institutional financing or refinancing, requirements of the lendin9 institution as to
place, time of day and procedures for closing, and for disbursement of mort9age proceeds shall control over
contrary provision in this Contract. Seller shall have the right to require from the lending institution a written
commi~t that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable
to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insure.
adverse matter. pursuant to Section 627.7841, F.S., as amended.
Q. .SCROWI Any escrow agent ("Agent-) receiving funds or equivalent ia authorized and agrees by acceptance of
them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with
terms and conditions of Contract. Pailure of clearance of funds shall not excuse Buyer's performance. If in doubt
dS to Agent's duties or liabilities under the provisions of Contract, Agent may, at Agent's option, continue to
hold the subject matter of the escrow until the parties hereto agree to its disbursement, or until a judgment of a
court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of
the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all
liability on the part of Agent shall fully termdnate, except to the extent of accounting for any items previouslY
delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S.,
as cunended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or
in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorneys'
fees and costs incurred with these amounts to be paid from and out of the escrowed funds or equivalent and charged
and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person
for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful
breach of Contract or gross negligence of Agent.
K. ATTORKKY rz&8, COSTS' In any litigation, including breach, enforcement or interpretation, arising out of this
Contract, the prevailing party in such litigation which, for the purposes of this Standard. shall include Seller,
Buyer, and any brokers acting in agency or nonagency relationships authorized by Chapter 475, l.S., as amended,
shall be entitled to recover fram the non-prevailing party reasonable attorney's fees, costs, and expenses.
S. FAZLURS OF P&RrORMaNC&. Except as provided in paragraph VII, if Buyer fails to perform this Contract within
the time specified (including payment of all depositls)), the depositls) paid by Buyer and deposit{s) agreed to be
paid, may be recovered and retained by or for the account of Seller as agreed upon liquidated damages,
consideration for the execution of this Contract and in full settlement of any claima; whereupon, Buyer and Seller
shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to
enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title
marketable after diligent effort, Seller fail., neglects or refuses to perform this Contract, the Buyer may seek
specific performance or elect to receive the return of Buyer's depositlsl without thereby waiving any action for
damages resulting from Seller's breach.
T. coli'1'RAC'1' 110'1' :UCoaJJAJIL&, pD8OIf8 BOVRD, UO'l'Ia: Neither this Contract nor any notice of it shall be recorded
in any public recorda. This Contract shall bind and inure to the benefit of the parties and their successors in
interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice
given by or to the attorney for any party shall be a. effective as if given by or to that party.
t1. COJllYKY~: Seller shall convey title to Real Property by statutory warranty, trustee's, personal
representative's or guardian'S deed, as appropriate to the status of Seller, subject only to matters contained in
Paragraphs VI and XII and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be
transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise
provided for herein.
V. 0TRKa ~S. No prior or present agreements or representations shall be binding upon Buyer or Seller
unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the
parties unless in writing and executed by the party or parties intended to be bound by it.
W. WARRARTI&81 Seller warrants that there are no facts known to Seller materially affecting the value of the
property which are not readily observable by Buyer or which have not been disclosed to Buyer.
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # '()~ - REGULAR MEETING OF NOVEMBER 15. 2005
ORDINANCE NO. 75-05 (AMENDING TITLE 13. "GENERAL
OFFENSES")
SUBJECT:
DATE:
NOVEMBER 11,2005
This ordinance is before Commission for second reading and public hearing to amend Title 13,
"General Offenses", of the Code of Ordinances, by enacting a new Chapter 136, "Sexual Offenders
and Sexual Predators", which provides that sexual predators and sexual offenders cannot reside within
1 ,500 feet of a designated school, public bus stop, day care center, or park.
At the first reading on November 1, 2005, the Commission passed Ordinance No. 75-05.
Recommend approval of Ordinance No. 75-05 on second and final reading.
S:\City Clerk\agenda memos Oed 75-05 Sexual Predators Offenders 111505
[IT' DF DELIA' BEA[H
CITY AnORNEY'S OFFICE
~ POLICE LEGAL ADVISOR
, III I!
300 \V. ATIX,TIC AVENUE. OELRAY !lEACH. nORmA 33444
TELEPHO:\E ,)61/243-7H23 . FACSIMILE 561/243-7K15
1993
POLICE LEGAL ADVISOR
MEMORANDUM
To:
City Commission
David Harden, City Manager
Catherine M. Kozol, /J J
Police Legal Advisor/~Attorney
From:
Date:
October 18, 2005
Re:
Sexual Predators and Sexual Offenders
Attached please find an original and two copies of the Sexual Predator
and Sexual Offender Ordinance for placement on the Agenda.
This is an ordinance which provides that sexual predators and sexual
offenders cannot reside within 1500 feet of a designated school, public bus stop,
day care center or park. There are exceptions for offenders and predators who
are juveniles or who have established a permanent residence in Delray Beach
prior to the enactment of the ordinance. Any person who violates this shall be
punished with up to a $500.00 fine and/or 60 days in the county jail, our standard
ordinance penalty.
If you have any questions, please do not hesitate to call me.
Ath/encs.
cc with Encs.
Chevelle Nubin, City Clerk
Susan Ruby, City Attorney
Chief J. Schroeder
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ORDINANCE NO. 75-05
AN ORDINANCE OF THE CITY OF DELRAY BEACH
AMENDING TITLE 13, "GENERAL OFFENSES., OF
THE CODE OF ORDINANCES BY ENACTING A NEW
CHAPTER 136, "SEXUAL OFFENDERS AND SEXUAL
PREDATORS"; PROVIDING FOR DEFINITIONS;
PROHIBITING SEXUAL OFFENDERS AND SEXUAL
PREDATORS CONVICTED OF CRIMES UNDER
CERTAIN FLORIDA STATUTES FROM LIVING WITHIN
1,500 FEET OF SPECIFIED LOCATIONS WITHIN THE
CITY OF DELRAY BEACH AND PROVIDING FOR
PENALTIES; PROVIDING A SAVING CLAUSE;
GENERAL REPEALER CLAUSE; AND AN EFFECTIVE
DATE.
WHEREAS, the Mayor and the City Commission are deeply concemed about
occurrences in our state and elsewhere, whereby convicted sex offenders who have
been released from custody victimize children within the community where they reside;
and
WHEREAS, the Mayor and the City Commission acknowledge the recidivism
rate for released sex offenders is alarmingly high, especially for those who commit their
crimes on children; and
WHEREAS, the Florida Legislature has determined that sexual offenders and
predators convicted of certain sexual crimes pose a real and substantial danger to
children and therefore, has prohibited such sexual offenders and predators from
residing within one thousand (1,000) feet from certain locations where children regularly
congregate, as set forth in sections 794.065 and 947.1405, Florida Statutes; and
WHEREAS, the Mayor and the City Commission desire to establish a policy
which protects, to an extent greater than the State statutes, the public health, safety,
and welfare of its most vulnerable citizens from this threat; and
WHEREAS, Article VIII, Section 2(b) of the Florida Constitution and ~166.021,
Florida Statutes, grant the City authority to adopt such provisions in order to protect the
health, safety and welfare of its residents; and
WHEREAS, the 8th Circuit, United States Court of Appeals recently issued an
opinion in the case of Doe v. Miller, 2005 WL 991635 (8th Cir. April 29, 2005) in which
the Court upheld similar residency restrictions adopted by the State of Iowa, and found
the restrictions to be valid; and
1
WHEREAS, F.S. 794.065 and F.S. 947.1405 does not contain clear language
expressly preempting local government from enacting ordinances regarding unlawful
places of residences for persons convicted of sex offenses, nor is the legislative
scheme so pervasive as to evidence an intent to preempt the particular area, or is there
such a strong public policy reason for finding such an area preempted by the
legislature as depicted in Phantom of Clearwater, Inc. V. Pinel/as County, 894 So.2d
1011 (Fl, 2nd DCA, 2005); and
WHEREAS, the City Commission finds that the creation of a Sexual Violator
Residency Prohibition Section in the City Code of Ordinances to prohibit convicted sex
offenders from living within one thousand five hundred (1,500) feet of specified locations
in the City of Delray Beach is in the best interest of the health, safety and welfare of the
residents and citizens of the City of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DElRA Y BEACH, FLORIDA AS FOllOWS:
Section 1. That Chapter "General Provisions" of the Code of Ordinances of the
City of Delray Beach is hereby amended by enacting Chapter 136, "Sexual Offenders
and Sexual Predators", to read as follows:
CHAPTER 136. SEXUAL OFFENDERS AND SEXUAL PREDATORS
Sec. 136.01. DEFINITIONS.
(A) The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this chapter, except where the context
clearly indicates a different meaning:
(1) "Permanent residence" means a place where the person abides,
lodges, or resides for 14 or more consecutive days.
(2) "Temporary residence" means a place where the person abides,
lodges, or resides for a period of 14 or more days in the aggregate during any calendar
year and which is not the person's permanent address, or a place where the person
routinely abides, lodges, or resides for a period of 4 or more consecutive or
nonconsecutive days in any month and which is not the person's permanent residence.
Sec. 136.02 SEXUAL OFFENDER AND SEXUAL PREDATOR RESIDENCE
PROHIBITION.
(A) It is unlawful for any person who has been convicted of a violation
of Section 794.011 ("Sexual battery"), 800.04 ("lewd or lascivious offenses committed
upon or in the presence of persons less than 16 years of age"), 827.071 ("Sexual
2
performance by a child"), or 847.0145 ("Buying or selling of minors"), Florida Statutes,
or similarly relates to offenses if out-of-state, regardless of whether adjudication has
been withheld, in which the victim of the offense was less than 16 years of age, to
establish a permanent residence or temporary residence within 1,500 feet of any
school, designated public school bus stop, day care center, or park.
(B) For purposes of determining the minimum distance separation, the
distance shall be measured by following a straight line from the outer property line of the
permanent residence or temporary residence to the nearest outer property line of a
school, designated public school bus stop, day care center or park.
(C) Exceptions:
A person referenced in B(1) and residing within 1,500 feet of any
school, designated public school bus stop, day care center, or park, does not commit a
violation of this section if:
(1) The person established the permanent residence prior to
, 2005 (the effective date of this Ordinance No. );
(2) The person had permanent residency prior to being
designated a sexual offender or predator.
(3) The person was a minor when he/she committed the offense
and was not convicted as an adult.
(4) The person is a minor.
(5) The school, designated public school bus stop, day care
center, or park or within 1,500 feet of the person's permanent residence was opened
after the person established the permanent residence.
Sec. 136.03 ENFORCEMENT AND PENALTIES.
A person who violates this section shall be punished as provided in Section
10.99, Code of Ordinances.
Section 2. If any section, subsection, paragraph, sentence or word or
other provision of this ordinance, or any portion thereof, or its application to any person
or circumstance, be declared by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of any other section,
subsection, paragraph, sentence or word or provision or its application to other persons
or circumstances and shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
3
not affect the validity of any other section, subsection, paragraph, sentence or word or provision or
its application to other persons or circumstances and shall not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 3.
same are hereby repealed.
All ordinances or parts of ordinances in conflict herewith be, and the
Section 4.
second and final reading.
This ordinance shall become effective immediately upon passage on
PASSED AND ADOPTED by the City Commission of the City of Delray Beach in
regular session on second and final reading on this _ day of November, 2005.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
City Clerk
Jeff Perlman, Mayor
First Reading on
Second Reading on
4
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TO:
THRU:
OR OF PLANNING & ZONING
PARKING MANAGEMENT SPECIALIST
SUBJECT:
MEETING OF NOVEMBER 15, 2005 - REGULAR AGENDA
ORDINANCE 79-05, A PRIVATELY INITIATED TEXT AMENDMENT TO LAND
DEVELOPMENT REGULATIONS SECTION 4.6.9 TO ESTABLISH A PUBLIC
PARKING FEE AND AMENDING APPENDIX "An PROVIDING A DEFINITION
FOR PUBLIC PARKING FACILITY AND PROGRAMMED PUBLIC PARKING
FACILITY
Public Parking facilities in the City's downtown area have been identified as a need in the City's
Comprehensive Plan and Downtown Delray Beach Master Plan. The potential locations for public
parking garages have been identified in the proposed Delray Beach Downtown Parking Master
Plan. In order to maximize potential shared parking scenarios, as identified in the Downtown
Master Plan, a privately initiated text amendment to LDR Section 4.6.9 has been proposed by
New Urban Communities. The proposed amendment will allow the payment of a fee (public
parking fee) for each parking space not provided on-site of a proposed development which is
located within 600' of a proposed municipal parking facility. The proposed 600' distance is the
area of influence and represents the 5-minute walking distance discussed in the Downtown
Master Plan, and is the distance a person will normally walk from a parking facility to their
destination. The intent of this amendment is to provide property owners an incentive to assist a
governmental entity in the construction of a public parking facility in a manner that is mutually
beneficial. Further, the amendment would maximize shared parking options and minimize both
the visual impact and disruptions to the urban fabric of the streetscape caused by expansive and
individual surface parking lots. The proposed amendment also includes a definition of "Public
Parking Facility" and "Programmed Public Parking Facility".
In order to mitigate any potential negative impact to the surrounding neighborhood, the maximum
nurnber of parking spaces subject to the public parking fee is limited to 25% of the total number of
required parking spaces for the development. Additionally, if the public parking facility is not
scheduled to be constructed within three (3) years of site plan approval for the development, a
minimum of 75% of the parking spaces subject to fees must be constructed in the right-of-way
adjacent to the development. These parking spaces will be available to the general public and
rnay not be reserved or dedicated to the proposed development nor credited to meet the required
on-site parking.
Pursuant to LDR Section 2.4.5(M)(5) (Findings) the City Commission must make a finding that
the text amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan. A review of the Goals, Objectives and Policies of the adopted
Comprehensive Plan was conducted and the proposed text amendrnent furthers Future Land Use
Element Objective C-4 and Future Land Use Policies C-4.1, C-4.2, C-4.3, the Delray Beach
Downtown Master Plan and the proposed Delray Beach Parking Master Plan. However, it is
noted that the proposal is inconsistent with recent modifications to the In-Lieu of Parking
Prograrn, applicable to other areas of the City, which mandates that new development is to
provide all required parking spaces on-site.
\~A
City Commission Staff Report
November 15, 2005
Text Amendment to Establish a Public Parking Fee
REVIEW BY OTHERS:
Downtown Development Authority (DDA): At its meeting of October 10, 2005 the Board
recommended approval of the amendment, as presented by the applicant, with the following
condition:
1. Pro-rated annual maintenance fees (based on the number of spaces subject to the fee)
should be assessed until such time that the City, at its discretion, begins to charge regular
parking fees in the facility, at which time the agreements could be terminated.
Chamber of Commerce Local Government Affairs Committee: The item was presented to the
Board at its meeting of September 9, 2005. No significant discussion was held regarding the
proposal.
West Atlantic Redevelopment Coalition (WARC): At its meeting of September 14, 2005 the
Board recommended a continuance of the item to enable the board members ample opportunity
to review the proposal. To date, the Board has not reviewed the item a second time.
Community Redevelopment Agency (CRA): At a special meeting held on September 16, 2005,
the Board consensus was to recommend approval of the ordinance with the following conditions:
1. Some form of land costs should be included in the fees;
2. Some form of credit should be given for on-street parking spaces constructed;
3. No long term maintenance contributions should be required;
4. All required residential and guest parking must be provided on the project site, therefore
not eligible for the public parking fee; and
5. Garage operating hours should be at the discretion of the City and shall not be affected
by parking spaces purchased for commercial tenants of the development.
Parking Management Advisory Board (PMAB): At a special meeting of the PMAB, held on
October 6, 2005, the PMAB recommended approval of the proposed ordinance.
Planning & Zoning Board: At its meeting of October 17, 2005 the Board recommended approval
of the proposed Ordinance with the following condition:
1. In addition to estimated construction cost per space, land costs, to be calculated using
the cost per square foot at the time of purchase of the property by the Governmental
agency multiplied by 378 square feet per space (the approximate size of a parking space
with associated drive aisles).
RECOMMENDED ACTION:
Board Discretion
Attachment: Proposed Ordinance 79-05
ORDINANCE REQUESTED BY APPLICANT
ORDINANCE NO. 79-05
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, OF
THE CITY OF DELRAY BEACH, AMENDING
APPENDIX "A", BY ADDING DEFINITIONS OF A
PUBLIC PARKING FACILITY AND
PROGRAMMED PUBLIC PARKING FACILITY;
AMENDING ARTICLE 4.6, "SUPPLEMENTAL
DISTRICT REGULATIONS" OF THE LAND
DEVELOPMENT REGULATIONS BY AMENDING
SECTION 4.6.9(E), "LOCATION OF PARKING
SPACES" BY CREATING A NEW SUBSECTION
4.6.9(E)(4), "PARKING FACILITY PAYMENT" TO
ESTABLISH ALTERNATIVE PROVISIONS FOR
ACCOMMODATING REQUIRED PARKING,
WHEN NOT PROVIDED ON-SITE, PROVIDING
FOR RENUMBERING; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendment at a public hearing
held on October 17, 2005 and voted 6 to 0 to recommend that the
changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan; and
WHEREAS, parking facilities in the City's downtown area have been
identified as a need in the City's Comprehensive Plan, Downtown Delray Beach
Master Plan, and Delray Beach Parking Master Plan; and
WHEREAS, the governmental entities have either acquired property or are
in the process of acquiring property for public parking purposes; and
WHEREAS, in order to address the need to provide public parking
facilities and assist financing said facilities, the requirement to provide parking
on-site may be met by providing a fee for each space not provided on-site in
order to ensure sufficient parking and to provide for parking in general; and
WHEREAS, the Downtown Delray Beach Master Plan recommends the
implementation of the shared parking concept where possible and this public
parking program is part of this goal; and,
WHEREAS, shared parking allows business to develop and benefit the
overall economy without the creation of excessive unnecessary parking that
erodes the urban fabric, and provides a public benefit by allowing the public to
use the parking spaces during the day and evening.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Appendix "A" of the Land Development Regulations is hereby
amended to read as follows:
Public Parkina Facilitv: A parking lot or parking structure/garage that is
owned by a governmental agency or a partnership that includes a
governmental entity, which provides parking for the general public.
Proarammed Public Parkina Facilitv: A parking lot or parking structure
that has been identified in the City's Comprehensive Plan and/or as a
potential site in the City's Parking Master Plan, which will be constructed
or owned by a governmental entity or a partnership that includes a
governmental entity, which provides parking for the general public.
Section 2. That Article 4.6, "Supplemental District Regulations", of the
Land Development Regulations is hereby amended by amending 4.6.9(E),
"Location of Parking Spaces", to create a new subsection and renumber section
4.6.9(E)(4) to read as follows:
(4) Public Parkina Fee: When parkina reauirements are applied to new
development. in-fill development. from a chanae of use. or addina floor space to
an existina buildina: the City Commission mav approve the payment of a fee
towards the construction of a public parkina structure in-lieu of providina such
reauired parkina on-site. This option cannot be utilized in coniunction with the In-
Lieu Fee provisions of subsection 4.6.9(E)(3) or Section 4.6.9(B)(4). where
private land is acauired by a aovernmental entity for parkina or park purposes.
a) For properties located within 600' of a proarammed public parkina facility,
excludina property zoned CBD and/or CBD-RC. an alternative to providina
all the reauired parkina on-site is to contribute towards the construction of
the parkina facility. The cost per space will be determined based upon the
Citv's estimated construction cost of the parkina structure determined at
the time that the development receives site plan approval. if the parkina
structure has not been constructed. and the actual cost of the land that will
contain the proarammed public parkina facility. When a proarammed
2
public parkina facility has been constructed or is under construction. the
public parkina fee will be based upon the actual cost of construction. If for
whatever reason the public parkina does not aet built the Citv shall retain
the fee to provide parkina or parkina maintenance in the auadrant of the
Citv where the development is located.
b) The Public Parkina Fee is limited to no more than 25% of the total
reauired parkina of a development not to exceed 10% of the total number
of parkina spaces associated with the Proarammed Public Parkina
Facilitv. Within a Proarammed Public Parkina Facilitv. a maximum of 25%
of the total number of parkina spaces provided within the Facilitv are
available to the Public Parkina Fee Proaram.
c) When a proarammed public parkina facility is not anticipated to be
constructed within three (3) vears of site plan approval of the proposed
development. a buildina permit will not be issued unless the proposed
development constructs additional on-street parkina within the riaht-of-wav
adjacent to the development eauatina to 75% of the total number of
spaces subiect to the Public Parkina Fee.
d) Where adeauate riaht-of-wav exists adjacent to the proposed proiect for
which the fee has been approved. the applicant must construct additional
on-street parkina. not to exceed the total amount of spaces subiect to the
fee unless authorized bv the Citv Commission. The applicant will be
credited UP to one-half of a parkina space for each full parkina space
constructed within public riqht-of-wav. (For example, the applicant
reauests to pav the public parkina fee on 4 spaces; the applicant
constructs 4 spaces in the riaht-of-wav: the applicant must onlv pav the
public parkina fee for 2 spaces). Creditina of spaces constructed in the
riaht-of-wav resultina in a fraction shall be rounded down.
e) All reauired residential and auest parkina spaces associated with a
development and reauired auest room parkina for hotels. motels.
Residential tvpe inns. bed and breakfasts. and similar uses must be
provided on-site.
f) The public parkina fee must be paid in full upon issuance of a buildina
permit.
g) The Director of Plannina and Zonina or desianee shall maintain a record
of the developments that utilize the Public Parkina Fee Proaram and the
number of spaces allocated to the proaram for each Proarammed Public
Parkina Facilitv.
h) The operatina hours of the Proarammed Public Parkina Facilitv are at the
sole discretion of the aovernmental entitv that owns the facilitv. and shall
3
not be affected bv parkinQ spaces intended for commercial tenants of the
development.
(4Q) Off-Site Parkina: In instances where uses do not have sufficient space to
accommodate customer and employee parking demands, parking requirements
may be provided off-site in accordance with the following:
(a) Normal Operations: Parking for day-to-day operation may be provided
on other property within three hundred feet (300') provided that both
properties are of the same general type of zone designation (i.e.
commercial, industrial, office, etc.) or when the off-site parking site is
zoned CF and a conditional use approval for use as a parking lot has
been approved, and when in compliance with, and pursuant to, the
following:
(1) The 300' distance shall be measured along an acceptable
pedestrian route;
(2) Approval of such off-site parking may be granted by the body
which has approval authority of the related site and development plan;
(3) An agreement providing an easement for such use is prepared
pursuant to Subsection (E)(5) and is recorded prior to certification of
the site and development plan;
(4) The provision of the parking easement shall not diminish the ability
of the property upon which it is placed, to accommodate its required
parking.
(b) Special Events/Facilities; In instances where uses and/or facilities
have large parking demands/requirements and which are otherwise
subject to conditional use approval (e.g. stadiums, places of assembly,
community and civic centers, recreational areas, etc.) such parking may
be provided off-site in accordance with the following.
(1) Approval of such off-site parking may be granted by the body
which has approval authority of the related conditional use.
(2) A parking and transportation plan must be presented in order to
obtain such approval. The plan must identify parking areas and
demonstrate the manner in which transportation to the use site,
security, maintenance, and related matters will be accommodated.
(3) Easements, agreements, or other appropriate legal documents
which assure continued availability of such parking shall be required
as a part of the parking and transportation plan.
4
(em Off-Site Parkina Aareement: The owner of the alternate off-street
parking area, and the owner of the principal use or building (including the land on
which it is situated), shall enter into a written agreement with the City (in such
form as may be approved by the City Attorney), with enforcement running to the
City, providing that the land comprising the alternate off-street parking area shall
never be disposed of except in conjunction with the transfer or sale of the
building which the parking area is intended to serve, so long as the parking
facilities are required. The owner agrees that such agreement shall be in
recordable form, the expense of recording to be borne by the owner, and that the
agreement shall constitute a covenant running with the land binding upon the
owners, heirs, administrators, successors, and assigns. The agreement shall be
recorded by the City Clerk. The agreement shall be released by the Commission
at such time as the alternate off-street parking facilities are no longer required or
when the owner provides other lawful off-street parking facilities. The owner shall
bear the expense of recording the release of the agreement.
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 all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 5. That this ordinance shall become effective immediately
upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 2005.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
5
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PLANNING AND ZONING BOARD
MEMORANDUM STAFF REPORT
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1001
MEETING DATE: SEPTEMBER 19, 2005
AGENDA ITEM: IV.F - PRIVATELY-INITIATED AMENDMENT TO SECTION 4.6.9(E)
OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ESTABLISH A PUBLIC PARKING FEE.
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ITEM'BEFORE THE BOARD
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The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to Land Development Regulations Section 4.6.9(E), pursuant to
LDR Section 2.4.5(M)(5).
Pursuant to Section 1.1.6 (A), an amendment to the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
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The privately-initiated amendment to the Land Development Regulations has been
submitted by New Urban Communities
Adequate public parking has been identified as a significant need as the downtown area
redevelops. Parking facilities in the City's downtown area have been identified as a need
in the City's Comprehensive Plan, Downtown Delray Beach Master Plan, and the proposed
Parking Master Plan. Governmental entities have either acquired property or are in the
process of acquiring property for public parking purposes. In order to address the need to
provide public parking facilities and assist funding said facilities, the proposed amendment
will allow the payment of a fee for each parking space not provided on-site of a proposed
development which is located within 600' of a proposed municipal parking facility. The
proposed 600' distance is the area of influence and represents the 5-minute walking
distance discussed in the Downtown Master Plan, and is the distance a person will
normally walk from a parking facility to their destination. The intent of this amendment is to
provide property owners an incentive to assist a governmental entity in the construction of
a public parking facility in a manner that is mutually beneficial. The proposed amendment
also provides a definition of "Public Parking Facility" and "Programmed Public Parking
Facility".
In order to mitigate any potential negative impact to the surrounding neighborhood by
creating a parking deficiency adjacent to the development, the maximum number of
parking spaces subject to the public parking fee is limited to 25% of the total number of
required parking spaces for the development. Additionally, if the public parking facility is
not scheduled to be constructed within three (3) years of site plan approval for the
development, a minimum of 75% of the parking spaces subject to fees must be
constructed in the right-of-way adjacent to the development. These parking spaces will be
11
Planning and Zoning Board Staff Report
LDR Amendment - Public Parking Fee
Page 2
available to the general public and may not be reserved or dedicated to the proposed
development.
LOR Section 2.4.5(M)(5) (Findinas): Pursuant to LOR Section 2.4.5(M)(5) (Findings),
in addition to LOR Section 1.1.6(A), the City Commission must make a finding that
the text amendment is consistent with and furthers the Goals, Objectives and
Policies of the Comprehensive Plan.
A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies are noted:
Future Land Use Element Obiective C-4
The Central Business District (CBD) represents the essence of what is Delray Beach i.e. a
"village like, community by the sea". The continued revitalization of the CBD is essential to
achieving the overall theme of the City's Comprehensive Plan of '~ City Set Apart In South
Florida". The following policies and activities shall be pursued in the achievement of this
objective.
Future Land Use Element Policv C-4.1: The Central Business District (CBD) zoning
district regulations shall facilitate and encourage rehabilitation and revitalization and shall,
at a minimum, address the following:
. . . .accommodating parking needs through innovative actions.
The major impediments to providing public parking facilities are construction costs and
adequate land to accommodate the structure. As land values and construction costs rise,
achieving the goal of providing public parking facilities becomes more difficult. In order to
assist and potentially expedite the construction of these needed facilities, consideration
should be given to providing private development with the means to contribute toward the
construction costs. The proposed amendment provides an innovative approach to address
the City's parking needs in a manner that is consistent with the shared parking concepts
outlined in the City's Downtown Delray Beach Master Plan.
Future Land Use Element Policv C-4.2: The "Downtown Delray Beach Master Plan" was
adopted by the City Commission on March 19, 2002. Covering the downtown business
districts surrounding the Atlantic Avenue corridor between 1-95 and A-1A, it represents the
citizens' vision for the growth and unification of Delray Beach, while still retaining the
"village like, community-by-the-sea" character of the CBD. The Plan addresses a wide
range of issues including in fill development, neighborhood parks, shared parking, public
art, the roadway and alley systems, marketing/economic development, and the need to
modify the Land Development Regulations to include design guidelines to retain the
character of Delray Beach. Future development and redevelopment in this area shall be
consistent with the Master Plan.
The Downtown Master Plan identifies a preponderance of surface parking lots throughout
the downtown, noting how such lots damage the pedestrian oriented environment that the
City is striving to achieve. As an alternative to this inefficient utilization of land the plan
promotes the creation of centralized, shared parking facilities in lieu of separate surface
Planning and Zoning Board Staff Report
LDR Amendment - Public Parking Fee
Page 3
lots serving individual businesses. One way to achieve that objective and to help pay the
costs of structured parking is to allow developers the option to contribute to the
construction of facilities that are in the vicinity of their property, instead of providing all of
the required parking on site.
It is noted that the Downtown Master Plan encompasses the CBD as well as the
surrounding commercial areas and neighborhoods, between N.E.lN.W. 4th Streets and
S.E.lS.W. 4th Streets. As the downtown area continues to redevelop, opportunities should
be made available for nonresidential properties adjacent to the CBD to contribute to the
proposed payment program.
Future Land Use Element Policv C-4.3: The City shall be the lead agency in pursuing
the construction and operation of tiered parking structures and mixed uses in the CBD.
Locations offacilities shall follow the CBD Development Plan required through Policy 4.2.
As discussed above under Future Land Use Element Policy C-4.1, the proposed
amendment will assist the City in providing another funding option to construct tiered
parking structures in the downtown area, which has been identified as a need.
Delrav Beach Parkina Master Plan:
The City's proposed Parking Master Plan has been created to address the parking
challenges that exist in the City's downtown area. The Plan identifies the parking inventory;
parking needs in the three geographical areas of the City's downtown (West Atlantic
Neighborhood, Central Core District, Beach Area); potential sites which could
accommodate parking structures; and potential funding sources. The proposed text
amendment offers another potential funding source that should be considered.
Although based upon the above, the proposed text amendment is consistent with and
furthers Goals, Objectives and Policies of the Comprehensive Plan, it is inconsistent with
recent modifications to the In-Lieu of Parking Program which restrict new development
from requesting in-lieu of parking spaces. LDR Section 4.6.9(E)(3) states "before granting
approval of in-lieu spaces the City Commission must find that it is impossible or
inappropriate to provide the required number of spaces on-site I off-street." Through the
adoption of Ordinance 74-04, several Boards, and the City Commission, deemed it both
possible and appropriate for new development to provide all required parking on-site I off-
street.
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Downtown Development Authority (DDA): At their meeting of September 8, 2005 the
Board conceptually approved the proposed amendment agreeing that some of the
concerns presented by Staff needed to be addressed. The Board requested that the item
be brought back to their October 10, 2005 meeting for further review.
Planning and Zoning Board Staff Report
LDR Amendment - Public Parkin9 Fee
Page 4
Chamber of Commerce local Government Affairs Committee: The item was
presented to the Board at their meeting of September 9, 2005. No significant discussion
was held regarding the proposal.
West Atlantic Redevelopment Coalition (WARC): At their meeting of September 14,
2005 the Board recommended a continuance of the item to enable the board members
ample opportunity to review the proposal.
Community Redevelopment Agency (CRA): At their meeting of September 8, 2005 the
Board declined to formulate any recommendations given the limited opportunity to review
the entire proposal. At a special meeting held on September 16, 2005 the Board
consensus was to recommend approval of the ordinance with the following conditions:
1. land costs should be included in the fees;
2. Some form of credit should be given for on-street parking spaces constructed
3. No long term maintenance contributions should be required
4. All required residential and guest parking must be provided on-site; and
5. Garage operating hours are at the discretion of the City and shall not be affected
by parking spaces intended for commercial tenants of the development.
Parking Management Advisory Board (PMAB): This proposal will be presented to the
PMAB at their meeting of September 27,2005
Courtesy Notices:
Courtesy Notices were provided to the following Civic Associations:
. PROD (Progressive Residents of Delray)
. President's Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
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1. Continue with direction.
2. Recommend approval of the attached amendment to the Land Development
Regulations (LDRs) Section 4.6.9(E), by adopting the findings of fact and law
contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations.
3. Recommend denial of the attached amendment to the Land Development
Regulations (LDRs) Section 4.6.9(E) by adopting the findings of fact and law
contained in the staff report and finding that the request is inconsistent with the
Planning and Zoning Board Staff Report
LDR Amendment - Public Parking Fee
Page 5
Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(M) of the
Land Development Regulations.
4. Recommend approval of the attached amendment to the Land Development
Regulations (LDRs) Section 4.6.9(E), by adopting the findings of fact and law
contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations subject to the following conditions:
)> Whether the facility is planned, constructed or under construction, the fee
shall include land costs for each space with associated drive aisles (378 sq.
ft.) of the current appraised value of the land of the proposed development at
the time of approval of the parking fee;
)> Credit towards required parking for the development will not be given for
parking spaces constructed in the right-of-way, adjacent to the development,
which are required to meet performance or development standards;
)> Pro-rated maintenance fees for the parking facility should be provided by the
Home Owners Association and/or Commercial Tenants through a
"Maintenance Fee Agreement." Annual fees would be based on direct
maintenance costs from the previous year. If in the future the City, at its sole
discretion, adopts a policy to charge regular parking fees in the facility all
maintenance agreements would be discontinued, as parking revenue would
cover future maintenance expenses;
)> All required residential and guest parking spaces in mixed use developments
are to be provided on-site; and
)> Garage operating hours are at the discretion of the City and shall not be
affected by parking spaces intended for commercial tenants of the
development.
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Continue the item to allow other boards sufficient time to review the proposal and forward
their recommendations.
Attachment: Proposed Ordinance
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FROM:
DA~I9:;:r EN CITY MANAGER
PA~ DORLlNG, DI TOR OF PLAN~NG AND ZONING
ESTELlO BRETO, SENIOR PLANNER~ .~~
MEETING OF NOVEMBER 15, 2005
REZONING FROM COUNTY CG/SE (COMMERCIAL
GENERAUSPECIAL EXCEPTION) TO CITY GC (GENERAL
COMMERCIAL) FOR A PARCEL WHICH CONTAINS VALERO GAS
STATION. THE PARCEL IS A 0.96 ACRE SITE. LOCATED ON THE
WEST SIDE OF MILITARY TRAIL. APPROXIMATELY 100 FEET
NORTH OF CONKLIN DRIVE.
TO:
THRU:
SUBJECT:
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BACKGROUND H " " ' '
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The Valero Gas Station was legally established by Resolution No. 81-1212, approved on
September 29, 1981 by the Board of County Commissioners. The 0.96 acre site which
contains Valero Gas Station was annexed into the City via Ordinance No. 63-05
approved by the City Commission at its meeting of August 16, 2005. A related Future
Land Use Change from County CH-8 (Commercial High with an Underlying High
Residential, 8 du/ac) to City GC (General Commercial) is accompanying this request and
is being processed a part of Comprehensive Plan 2005-2.
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PLANNINGANDZONINGBO;\~D edN.SI~~rQi'ION ".
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At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in
conjunction with this request. After reviewing the staff report and discussing the
proposal, the Board voted unanimously to recommend that the request be approved.
The request was approved based upon finding the request is consistent with the
Comprehensive Plan and positive findings with respect to LDR Sections 3.1.1, 3.2.2, and
2.4.5(D)(5).
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By motion, approve on first reading, the ordinance for Rezoning from County CG/SE
(Commercial General/Special Exception) to City General Commercial (GC) for the
Valero Gas Station, based upon the findings of fact and law contained in the staff report,
and finding that the request is consistent with the Comprehensive Plan, and meets the
criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development
Regulations.
Attachments: Staff Report prepared for the P & Z meeting of July 18, 2005
\G-~
ORDINANCE NO. 76-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING INITIAL ZONING OF
GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A
PARCEL LOCATED ON THE WEST SIDE OF MILITARY TRAIL, roo
FEET NORTH OF CONKLIN DRIVE AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, at its meeting of July 18, 2005, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0
to recommend the establishment of an initial zoning classification of GC (General Commercial)
District, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section I. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of GC (General Commercial) District for
the following described property:
Southerly 155.98 feet of the easterly 286.59 feet of the northeast quarter (NE Y.) of the
northeast quarter (NE y.) of the northeast quarter (NE y.) of Section 14, Township 46 South,
Range 42 East, Palm Beach County, Florida (Less Military Trail R/W)
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon the effective date of
Ordinance 56-05, under which official land use designation of GC (General Commercial) is affixed
to the subject parcel hereinabove described.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of ,200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2
ORD NO. 76-05
"
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PLANNING AND ZONING BOARD
Future Land Use Map designation change from County CH~8 (Commercial High with an Underlying High
Residential, 8 du/ac) to City TRN (Transitional) and rezoning from County CGlSE (Commercial General Special
Exception) to City SAD (Special Activities District) for Watkins Truck Terminal and Public Storage Facility; and
Future Land Use Map designation change from County CH-8 (Commercial High with an Undertying High
Residential, 8 dulac) to City GC. (General Commercial) and rezoning from County CGlSE (Commercial
General/Special Exception) to City General Commercial (Ge) fOf Vatero Gas Station. The three parcels are
contained in a 9.13 acres site located on the west side of Military Trail approximately 1,400' south of lake Ida
Road.
CITY OF DELRA Y BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
July 11, 2004
IV_D.2_b.
GENERAL DATA:
Owner/Applicant................_........ City of Defray Beach
Agen!..........._________..._______....____..__ City of Delray Beach
Location__________..________.._........_...... West side of Military Trail
approximately 1400'
south of lake Ida Road.
Property Size...__..___...._______...._.... 9.13 Acres
Existing County Future land Use CH-8 (Commercial High
Map Designation ._____.........._...._.. with an Underlying High
Residential, 8 du/ac)
Proposed City Future land Use
Map Designation_...._...____...___......
GC (General Commercial)
in part, and TRN
(Transitional) in part_
Existing County Zoning........_...... CG/SE (Commercial
General Special Exception)
Proposed City Zoning................. GC (General Commercial).
in part, and SAD (Special
Activities District) in part.
Adjacent Zoning_...............North: Palm Beach County Single
Family Residential (RS)
East: Residential Medium Density
(RM) and Planned Office
Center (POC)
South: Palm Beach County Agricu~ural Residential
(AR) and City Automotive Commercial (AG)
West: Palm Beach County Agricultural
Residential (AR)
Existing Land Use_..__...___..____.._.. Truck Terminal. Storage
Facility, and Gas Station
Same as existing
12" water main located
along Military TraiL
Sewer Service.......____....._.........__. Sewer service is available
from a lift station at the
north east comer of the site
Proposed land Use....__..____........
I Water Service..................__..__...._
---STAFF REPORT ---
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The action before the Board is that of making a recommendation tQ. the City Commission on
Voluntary Annexation, Future Land Use Map Amendments and Rezoni1lg as follows:
o Parcel 1 - Public Storage Facility: Future Land Use Map designation change from County
CH-8 (Commercial High with an Underlying High
Residential, 8 du/ac) to City TRN (Transitional) and
rezoning from County CG/SE (Commercial General
Special Exception) to City SAD (Special Activities
District).
o Parcel 2 - Watkins Truck Tenminal: Future Land Use Map designation change from County
CH-8 (Commercial High with an Underlying High
Residential, 8 duJac) to City TRN (Transitional) and
rezoning from County CG/SE (Commercial General
Special Exception) to City SAD (Special Activities
District).
o Parcel 3 - Valero Gas Station:
Future Land Use Map designation change from County
CH-8 (Commercial High with an Underlying High
Residential, 8 du/ac) to City GC (General Commercial)
and rezoning from County CG/SE (Commercial
General/Special Exception) to City General Commercial
(GC).
The three parcels are contained in a 9.13 acres site located on the west side of Military Trail
approximately 1,400' south of Lake Ida Road.
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
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The subject property is 9.13 acre site which contains three parcels located on the south side of
Canal L-32 and to the north of Conklin Drive and front on Military Trail. The property is bound to
the south by Tire Kingdom and La Sedona town house development. To the west the property is
bound by the Rockland Park Single Family Subdivision located along Conklin Drive; to the north
by High Point of Deiray West (Condo Development); and to the east (across Military Trail) by
High Point of Deiray East (Condo Development) and Pylon Professional Center.
The subject property contains Valero Gas Station, a Public Self Storage facility and Watkins
Truck Terminal. The truck terminal known as Watkins Motor Lines was legally established by
Resolution No. 71-299 approved on August 19, 1971 by the Board of County Commissioners
which modify the zoning from A-1 (Agricultural District) to C-2 (General Commercial District) to
allow a truck terminal facility (Watkins Motor Lines truck terminal) on the northern portion of the
property. Valero Gas Station was legally established by Resolution No. 81-1212 approved on
September 29, 1981 by the Board of County Commissioners which granted a special exception
to allow an auto service station on the southeast portion of the property. The Public Self Storage
facility was legally established by Resolution No. 84-1857 approved on December 11, 1984 by
Planning and Zoning Board St. eport: Meeting of 07/18/05
Valero Gas Station, Watkins TrucK Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 2
the Board of County Commissioners which granted a special exception to allow an enclosed
storage facility on the southwest portion of the property.
The access to these parcels is directly from Military Trail. The property is under the jurisdiction of
Palm Beach County but is in a designated annexation area for the City of Delray Beach. The City
has an Advisory land use designation of TRN (Transitional) on the property that allows the
establishment of uses which are compatible with adjacent residential use. The applicants are
currently receiving water service from the City and are contiguous to the City limits to the east
This water was provided pursuant to a water service agreement which contains an annexation
clause. The execution of that agreement was a consent to voluntary annexation under Florida
Statute 171.044(1), when the property is contiguous to the corporate limits of the City and the
City Commission deems it to be in the best interests to the City to annex the property. The Future
land Use amendment and rezoning of the subject property will part. of Comprehensive Plan
Amendment 2005-2 September 2005 to be adopted in September 2005.
Current Land Use DesiQnation: The current land use map designation for the property is
County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac). The current City
Advisory designation is TRN (Transitional).
Requested Land Use DesiQnation: The requested Future Land Use Designation is to City TRN
(Transitional) for Watkins Truck Terminal and the Public Self Storage facility and to City GC
(General Commercial) for Valero Gas Station.
Florida Statues GoverninQ Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 (1) "the owner or owners of real property in an
unincorporated area of the County, which is contiguous to a municipality and reasonably compact
may petition the governing body of said municipality that said property be annexed to the
municipality" .
The proposed GC land use designation for the Gas Station is not consistent with the advisory
designation of Transitional. However, given the long standing use it would appear inappropriate
to apply a designation which would make the existing use non-conforming. In the case of the
other two uses they are currently allowed in industrial districts. While the proposed zoning will
allow the uses to continue, the long term redevelopment of the sites to a use more consistent
with the transitional land use and compatible with adjacent residential areas is desired.
Land Development ReQulations GoverninQ Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owners consented to voluntary annexation via execution of the water service agreement
It is noted that all the parcels are subject to the voluntary annexation. The original agreement
was signed by Watkins Truck facility and parcels were later sold off for development as the Self
Storage and Gas Station facility. However, as the agreement runs with the land all these parcels
are now subject to annexation.
Planning and Zoning Board Staff port: Meeting of 07/18/05
Valero Gas Station, Watkins TruCk ferminal. Public Storage Facility
Annexation, FLUM Amendment with initial Zoning of GC and SAD
Page 3
Land Use Analvsls:
Conslstencv Between the City and County Land Use DesiQnations:
The proposed City Advisory land Use Map Designation for the property is TRN (Transitional).
The existing County Future Land Use Map Designation for the property is CH-8 (Commercial
High with an Underlying High Residential, 8 du/ac). The City's TRN Land Use Designation is
consistent with the County's residential component of the CH-8 designation in that residential
developments with a density between fIVe and twelve units per acre are allowed. However, the
Transitional land use designation does not allow commercial development other than that of a
neighborhood scale. Given the development of adjacent properties with predominantly residential
uses it would appear more appropriate to limit redevelopment to those allowed in City zoning
districts consistent with a Transitional land use designation (office, medium density residential, or
neighborhood residential commercial) rather than heavy commercial uses.
Adlacent Land Use Map DeslQnatlons. ZonlnQ DesiQnations and Land Uses:
The following zoning designations and uses abut the subject property:
Zoning Designation
Use
North: Palm Beach County Single Family High Point of Delray West (Condo
Residential (RS) Development)
Palm Beach County Agricultural Rockland Park Single Family
South: Residential (AR) and City Automotive Subdivision (Along Conklin Drive) and
Commercial (AC) Tire Kinadom
Residential Medium Density (RM) and High Point of Delray East (Condo
East: Planned Office Center (POC) Development) and Pylon Professional
Center
West: Palm Beach County Agricultural Rockland Park Single Family
Residential- (AR) Subdivision (Alona Conklin Drive)
North: North of the subject property, has a Palm Beach County zoning of RS (Residential Single
Family). The property is developed and contains multiple family structures.
South: To the south, across Conklin Drive, has a Palm Beach County land use designation of
LR-3 (Low Residential 3 - du/ac) and a City land Use designation of MD (Residential Medium
Density). The property is zoned County Agricultural Residential (AR). The existing land use is a
single family subdivision located along the perimeter of Conklin Drive. Also, to the south (at the
intersection of Conklin Drive and Military Trail) the property is zoned County Commercial General
Special Exception (CG/SE) and is vacant land.
West: The abutting property to the west has a Palm Beach County land use designation of Low
Residential 3 - du/ac (lR-3) with a City land use designation of MD (Residential Medium
Density). The property is zoned County Agricultural Residential (AR). The existing land use is a
single family home and horse farm located on a five acre parcel.
planning and Zoning Board StI 'ieport: Meeting of 07/18/05
Valero Gas Station, Watkins TrucK Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 4
East: East of the property (across Military Trail) has a City land use designation of MD (Medium
Density Residential) 5-12 du/ac) and is zoned RM (Residential Medium Density). The property to
the east is known as High Point of Delray East Condo development.
Staff is recommending that although the adjacent development pattem to the west and to the
north, and a portion to the south consists of RL (Multifamily Residential Low Density) and AR
(Agricultural Residential) a land use change to General Commercial and rezoning of GC (General
Commercial) for the southeast portion of the property, and a land use change to Transitional
(TRN) and rezoning of SAD (Special Activities District) for the balance of the property can be
supported. This rezoning will maintain consistency with the development pattern to the south
and will avoid creating non-conforming structures of these previously legally established uses.
The Transitional land use and SAD zoning will allow flexibility in future development but will not
promote further industrial development upon redevelopment as currently exists on the site.
Allowable Land Uses:
Under the proposed GC (General Commercial) zoning designation gasoline stations are allowed
as a conditional use [Ref: LDR Section 4.4.9(D)(9)]. Within the SAD (Special Activities District)
zoning designation all uses which are allowed are established at the time of establishment of the
SAD zoning through inclusion in the rezoning ordinance. Additional uses may be allowed after
review and recommendation by the Planning and Zoning Board and approved (via ordinance) by
the City Commission. Therefore, the existing Truck Terminal and Public Self Storage Facilities
will become permitted uses with the adoption of the SAD zoning for this site.
REQUIRED FIDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings
must be made in a form which is part of the official record. This may be achieved through
information on the application, written materials submitted by the applicant, the staff
report, or minutes. Findings shall be made by the body which has the authority to
approve or deny the development application. These findings relate to the Future Land
Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with
the Land Development Regulations.
Q Future Land Use Map: The resulting use of land or structures must be allowed In the
zoning district within which the land is situated and said zoning must be consistent
with the applicable land use designation as shown on the Future Land Use Map.
Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land
uses and resulting structures must be allowed in the zoning district within which the land is
situated, and said zoning must be consistent with the land use designation as shown on the
Future Land Use Map.
The proposed General Commercial (GC) zoning district is consistent with the proposed
General Commercial (GC) FLUM designation. Under the proposed GC (General Commercial)
zoning district gasoline stations are allowed as conditional use to the GC District. The SAD
zoning is deemed consistent with any land use designation on the Future Land Use Map and
has been established to allow for projects which are not otherwise classified in other zone
districts. With the adoption of the SAD (Special Activities District) zoning designation the
Planning and Zoning Board Staff port: Meeting of 07/18/05
Valero Gas Station, Watkins Truck terminal. Public Storage Facility
Annexation, FLUM Amendment with Inlllal Zoning of GC and SAD
PageS
public self storage facility and truck terminal will become permitted uses at that site. This will
allow the current uses to remain conforming yet not encourage future industrial
redevelopment. Based on the above, positive findings can be made with respect to FLUM
consistency.
o Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves amending the FlUM designation from CH-8 to GC for the southeast
portion of the property and to TRNfor the remaining balance on a 9.3 acres site that contains
three parcels. The proposed FLUM Amendment will accommodate existing uses. While
impacts will not increase they will shift from County providers to City providers. It is noted the
City has provided the site with water service for many years and will continue to do so upon
annexation. Concurrency findings with respect to Solid Waste and Sewer are discussed
below:
Solid Waste: The existing 924 square feet of gasoline station floor area generates 13.63 tons
of solid waste per year (924 sq.ft x 29.5.12,000 Ibs. = 27,258 Ibs or 13.63 tons). The existing
49,423 square feet of public storage floor area generates 128.50 tons of solid waste per year
(49,423 sq.ft x 5.2.12,000 Ibs. = 256,9991bs or 128.50 tons). The existing 17,980 square feet
of truck terminal floor area generates 82.71 tons of solid waste per year (17,980 sq.ft x
9.2.12,000 Ibs. = 165,416 Ibs or 82.71 tons). Total waste generated by the existing uses is
225 tons. This amount of solid waste can be accommodated by existing facilities and thus,
will not have a significant impact on this level of service standard. The Solid Waste Authority
has indicated that its facilities have sufficient capacity to handle all development proposals
and existing facilities till the year 2024.
Sewer: Sewer service is available from a lift station at the northeast corner of the site.
Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central
County Waste Water Treatment Plant for the City at build-out.
o Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based upon
the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need must
be based upon circumstances such as shifts in demographic trends, changes in the
availability of land, changes in the existing character and FLUM designations of the
surrounding area, fulfillment of a comprehensive plan objective or policy, annexation
into the municipal boundaries, or similar circumstances. The need must be supported
by data and analysis verifying the changing demographics or other circumstances.
This requirement shall not apply to requests for the FLUM designations of
Conservation or Recreation and Open Space; nor shall it apply to FLUM changes
associated with annexations when the City's Advisory FLUM designation is being
applied, or when the requested designation is of a similar intensity to the Advisory
designation. However, the findings described in the remainder of this policy must be
addressed with all FLUM amendments.
Planning and Zoning Board SI< !aport: Meeting of 07/18/05 . I
Valero Gas Station, Watkins TruCk Terminal. Public Storage Facility
Annexation, FLUM Amendment with initlai Zoning of GC and SAD
Page 8
The proposal involves annexation of unincorporated property which requires changing the
FlUM designation from County to City. The current County FLUM designation is CH-8
(Commercial High with an Underlying High Residential, 8 du/ac) and the proposed City's
designation is GC (General Commercial) for the southeast portion of the property, which
provides basic regulations for small parcels that are best suited for general retail use but
which are not of sufficient size to be designed in a planned sense. The proposed City's land
use designation for the balance of the property is TRN (Transitional). The City's FLUM
designation being applied is also the City Advisory designation of TRN. As the designations
are either the adopted City Advisory designations (TRN) or are of similar intensity and more
appropriate given existing approved development (General Commercial), the data and needs
analysis are met.
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in
a manner so that the future use and intensity is appropriate in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject property at the time it was established did not have any unique environmental
characteristics that would have prohibited development of the site or require mitigation
measures. The property was developed in a manner that was complimentary to the adjacent
use located to the south (a tire and auto-repair service known as Tire Kingdom) and also to
the adjacent residential areas with the provision of a buffer along the west, and south portion
of the site.
It is noted, that Resolution No. R-81-1212 of the Board of Commissioners of Palm Beach
County made the following finding of fact with regards to the gasoline station:
1. The proposal would be in harmony and compatible with the present and future
development ofthe area concerned.
It is also noted, that resolution No. R-84-1857 of the Board of Commissioners of Palm Beach
County allowed an enclosed storage facility on the property subject to the following
conditions:
1. The Property Owner shall convey for the ultimate right-of-way of Military Trail, 60' feet
from centerline approximately an additional 10 feet within 90 days of adoption of the
resolution by the Board of County Commissioners; conveyance must be accepted by
Palm Beach County prior to issuance of first building permit;
2. The developer shall be permitted only one access onto Military Trail within the existing
20 foot ingress/egress easement.
3. Prior to certification by the Site Plan Review Committee, the site plan shall be
modified to reflect:
. Placement of a required 6' masonry wall along the westem and southem property
fines so that tree planting may be included between the wall and property line
(external to the enclosing wall). Adequate space shall be allowed to permit
maintenance ofthe plantings;
Planning and Zoning Board StafI Port: Meeting of 07/18105
Valero Gas Station, Watkins Truck terminal. Public Storage Facility
Annexation, FlUMAmendment with Initial Zoning of GC and SAD
Page 7
. Canopy trees 8' - 12' in height planted 20' on center average, along the southern
and western boundaries of the site, placed between the required masonry wall
and the properly lines;
. Canopy trees 10' - 12' in height, planted 30' on center average, along the site's
frontage on Military Trail.
It is also noted, that resolution No. R-71-299 of the Board of Commissioners of Palm Beach
County rezoned the northeast portion of the subject property (Watkins Motor Lines Truck
Terminal) from A-1 (Agricultural District) to C-2 (General Commercial District) to allow the
Truck Terminal facility on the property.
ComDatlbilitv -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
As described previously, the GC (general Commercial) land use designation will be
compatible with adjacent development pattern to the south of the subject property which has
a City zoning of AC (Automotive Commercial). However, compatibility with the abutting low
density residential properties to the south (Conklin Drive), and to the north and west (High
Point of Delray West Condo) is of some concern. With existing commercial developments of
this kind, the City requires that trees must be installed every 25' along the south and west
property line abutting single family residences. With future modifications to the site these
regulations will be applied. This along with other LDR requirements will assure compatibility
with surrounding uses.
ComDliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
At this time no issues have been identified which would indicate non-compliance with the
requirements of the GC and SAD zoning district. Buffering particularly with respect to the
adjacent single family areas to the south and west as required by the approved County sites
plans and must be maintained.
Florida Statues Govemina Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said property be annexed to
the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves".
Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed
area that is enclosed within and bounded by a single municipality and a natural or man made
obstacle that allows the passage of vehicular traffic to that unincorporated area only through the
municipality.
. The property is contiguous with the City and reasonably compact. These three
parcels do not meet the definition of an enclave nor would its annexation create one.
Planning and Zoning Board SI Report: Meeting of 07/18/05
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 8
Land Development Reaulations Govemlnq Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership. pursuant to Florida Statutes. The
original property owner for all three parcels has consented to voluntary annexation.
CONSISTENCY WITH THE CITY 'S COMPREHENSIVE PLAN:
Deslqnated annexation area: The territory to be annexed is located within the designated
annexation area (Area F) located on the west side of Military Trail north of Atlantic Avenue.
Annexation of the subject territory is consistent with the Future Land Use Element Policy B-3.5,
which calls for annexation of eligible properties through voluntary annexations as the
opportunities arise.
CONCURRENCY:
Provision of Services: Future Land Use Element B-3.1 states that when annexation of
property occurs, services are to be provided. in a manner which is consistent with services
provided to other similar properties already in the City. What follows is a discussion of required
services and the manner in which they will be provided.
Police: The subject property is currently served by the Palm Beach County Sheriffs Office,
located at 345 South Congress Avenue, which serves the South County area. The property lies
within Sheriff Patrol zone 7. Zone 7 is bordered by EI Clair Road on the west, the Atlantic
Ocean on the east, and Boynton Beach on the north and Atlantic Avenue to the south. One
officer is assigned to a particular zone during a shift (three shifts per day). The City of Delray
Beach's Police Department has 14 cars per shift patrolling a 15 square mile area during the day
and 15 cars during the night; and as a consequence, response time is significantly improved
upon annexation. Annexation will not require additional manpower since the police currently
pass the property during routine patrolling to the north, west and east of the property.
Fire and Ememency Services: The municipal area is served by Fire Station No.4 (Barwick Road
and Lake Ida Road). With annexation, the property will receive an improved response time from
the current 5.5 minutes of the County's Fire Department (Fire Station #42 located on Hagen
Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department (Fire Station #4
located at Barwick and Lake Ida Road).
Water and Sewer: City services regarding water and sewer have previously been discussed
under Future Land Use Analysis section of this report.
streets: The subject property has direct access to Military Trail which is under the jurisdiction of
Palm Beach County. The jurisdictional responsibility immediately adjacent to the property
change as both side of the street will be within the City limits. However, associated road
maintenance will not change upon annexation.
Planning and Zoning Board Staff I ;>rt: Meeting of 07/18/05
Valero Gas Station, Watkins Truck 'Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 9
Financial Impacts:
Effect upon Annexed Property:
The following table depicts the current assessed value and total (County) taxes for the subject
property:
424614000001010 $1.304,531.00
424614000001140 $2,000.000.00
424614000001150 $490,000.00
TOTAL $3,794,531.00
$25,445.00
$39,010.00
$9,558.00
$74,013.00
$1,674.00
$2,594.00
$469.00
$4,737.00
27,119.00 19.50509 23.7254
41,604.00 19.50500 23.7254
10,027.00 19.50612 23.7254
$78,750,00 19.50518' 23.7254
$30,950.52 $5,505.52
$47,450.80 $8,440.80
$11,625.44 $2,067.44
$90,026.76 $16,013.76
For the 2005 tax year the subject property (three parcels) had a combined assessed value of
$3,794,531. With the change from County to City jurisdiction, the following taxes and rates will
be affected:
FireJRescue MSTU 12,138.70 3.198999 DELETE 0.00 0.00
Palm Beach County Lib. 2,050.19 0.540301 DELETE 0.00 0.00
Palm Beach CO.Lib.Debt 153.30 0.040400 DELETE 0.00 0.00
Florida Inland Navegation 146.09 0.038500 146.09 0.038500
Health Care District 4.173.98 1.099999 4,173.98 1.099999
Children Service Council 2,618.99 0.690201 2,618.99 0.690201
Palm Beach Coun 17,075.39 4.500000 17 ,075.39 4.500000
Palm Beach Coun Debt 1,015.79 0.267698 1.015.79 0.267698
Public Schools Debt Servo 1,039.70 0.274000 1,039.70 0.274000
Public Schools Loc.Board 9,835.42 2.591999 9,835.42 2.591999
Public Schools State Law 21,120.36 5.566000 21,120.36 5.566000
SFWMD District 2,265.34 0.597001 2,265.34 0.597001
SFWMD Everglades Cons!. 379.45 0.099999 379.45 0.099999
Ci of Delray Beach 7.466100 Added (City) $28,330.35 7.466100
Ci of Beach Debt 0.533900 Added (City) $2,025.90 0.533900
. ..~1i
. Total tax millage in the county is 19.505098 mills while in the city the total millage is 23.725398
mills. Therefore the difference is 4.220221 mills.
The current yearly ad valorem taxes are $74,013. With annexation the yearly ad valorem taxes
will be $90,026.76, (74,013+16013.76=90,026.76); a tax difference of $16,013.76
(3,794,531x4.220221/1000=16,013.76). In addition to property taxes, the following Non Ad
Valorem fiscal responsibility will apply:
I Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the buildings, parking areas, etc. For non-residential units the assessment fee
is calculated using the following formula (# sq.ft. of impervious area 68,327/2,502) X
$54)/1,000=1,474.68). As the property contains a nonresidential use, this assessment would be
imposed in the amount of approximately $1,474.68. A further increase based upon new
Planning and Zoning Board S1. leport: Meeting of 07/18/05
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 10
impervious surfaces will be realized with future developmenVredevelopment of the site. A 25%
discount from the assessment is available since the property is within the lake Worth Drainage
District. An additional 25% is also available as drainage is retained on site.
Occupational License Fees - The gas station, pUblic storage facility and truck terminal have an
occupational license. With the annexation, these facilities must obtain an occupational license
from the City, in addition to the County's license. The City license fee is $142.
Solid Waste Authority - The Military Trail annexation areas are serviced under a new contract
by Waste Management (pursuant to a contract awarded October 1, 2003). City's contract is
currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a). if a party
has an exclusive franchise which is in effect for at least six months prior to the initiation of an
annexation, the franchise may continue to provide such services to the annexed area for fIVe
years or the remainder of the franchise term whichever is shorter". As the waste provider is
currently the same this annexation will have no impact. For non-residential units the assessment
fee for solid waste collection is calculated using the following formula (# sq.ft. of impervious area
68,327*$17.09)/1,000=$1,167.70).
Resulting Impacts to Property Owners:
AD VALOREM TAXES 2005
City Mills. County Mills
23.7254 19.50518 =
NON AD VALOREM TAXES 2005
Stormwater Assessment
Solid Waste Collection
WATER & SEWER UTILITY FEES
ANNUAL FINANCIAL IMPACT:
+ $16,013.76
4.2203
$1,474.68
$1,167.71
$0.00
+ $18,656.15
Fire Response
+
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes Ci .
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes Ci .
Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 atroll cars durin the ni hI.
Pro-active vs reactive opportunity to work
with ro e owners.
Emergency Medical
Services EMS
Police
+
+
Code Enforcement
+
FiscallmDacts to the City: At the 2004/2005 City operating mileage of 7.4661 mills and debt
rate of 0.5339 mills, the property will generate approximately $16,014.06 in new ad valorem
taxes per year. Additional revenues will be realized through increased assessment value, the
annual collection of the storm water assessment fee as well as utility taxes (9.5% electric, 7%
telephone) and franchise fees on electric, telephone, and cable.
Planning and Zoning Board Staff , ,.:Or!: Meeting of 07/18/05
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 11
AD VALOREM TAXES 2005
City of Delray Beach (7.4661 Mills) $28,330.35
citV of Delrav Beach Debt 10.5339 Mills) $2,025.90
SUB.TOTAL $30,356.25
NON.AD VALOREM TAXES
Storm Water Utilitv (# so.ft. of imoervious areal2,502) X $54) $1,474.68
SUB-TOTAL $31,830.93
PARK AND RECREATION IMPACT FEE
$500 oer dwellino $0.00
TOTAL $31,830.93
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LDR were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings
are discussed below.
The proposed City zoning designation is GC (General Commercial) and SAD (Special Activities
District) while the current County zoning designation is CG/SE (Commercial General/Special
Exception).
The surrounding zoning designations are: County AR (Agricultural Residential) to the west; City
RM (Residential Medium Density) and POC (Planned Office Center) to the east; County RS
(Single Family Residential) to the north and a portion of the south; and County AR (Agricultural
Residential) and City AC (Automotive Commercial) to the south.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objectives and pOlicies are noted:
Policv B-3.2 - Water and sewer facilities may be provided to unincorporated areas by the
City, upon demand, in a manner consistent with Policies of the City. The provision of
water facilities shall be accompanied by an agreement to voluntary annex upon eligibility
unless the property is already eligible in which case, annexation shall precede the
provision of service.
This annexation is consistent with this policy as well as the City Commission policy relating to
annexation of contiguous properties if City services are required. This request is also consistent
with Future land Use Policy A-1.7 which has been previously discussed.
I
REQUIRED FINDINGS: (Chapter 3)
Previously discussed under land Use section of this report
Planning and Zoning Board St teport: Meeting of 07/18/05
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 12
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
CONSISTENCY: Compliance with the performance standards set forth in LDR Section
3.2.2, along with the required findings in lDR Section 2.4.5(D) (5), shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making a finding of overall
consistency.
Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously
discussed under the Future land Use Map Amendment and Zoning analysis sections of
this report.
Section 3.2.2 (Standards for Rezonlnq Actions): Standard "A", "B", "C", and "E" are not
applicable with respect to this rezoning request. The only applicable performance
standard of Section 3.2.2 Is as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that If an incompatibility may occur, that sufficient regulations exist to properly
mitigate adverse Impacts from the new use.
The initial GC and SAD zoning designations will allow the existing facilities to continue
to operate. It is noted, that south of the subject property has a City Land Use
Designation of CG (Commercial General) and is zoned AC (Automotive Commercial).
The property is developed and contains a tire store and automobile repair facility (Tire
Kingdom) which is consistent with the type uses of the subject property (Public Self
Storage facility, Watkins Truck Terminal, and Valero Gas Station). Staff is
recommending that although the adjacent development pattern to the west, and south
of the subject property consists of AR (Agricultural Residential) and RS (residential
Single Family) to the north a rezoning of GC (General Commercial) and SAD (Special
Activities District) are appropriate. This rezoning will maintain consistency with the
development pattem south of the subject property and will avoid creating non-
conforming uses that have been in operation since December 11, 1984 (Public
Storage facility), August 19, 1971 (Watkins Motor Lines - Truck Terminal), and
September 29,1981 (Valero Gas Station).
Section 2.4.5 (D) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought. These reasons
include the following:
(a) That the zoning had previously been changed, or was originally established, in
error;
I (b) That there has been a change in circumstances which make the current zoning
inappropriate; or
Planning and Zoning Board Staff ort: Meeting of 07118/05
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 13
(c) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it. is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicant is applying for annexation of this property into the City and the annexation
requires that an appropriate City zoning designations be applied. The GC (General
Commercial) and SAD (Special Activities District) zoning are appropriate as they are
consistent with the County CG/SE (Commercial GeneraVSpecial Exception).
-, - - - - -
~ ~~: ~_.u4'~~~ _ _ _ __ _~__ ~~2____ ~ _ _" " ~_~:~i ~_~ __ _ _...............__'-- __ _,__ ___~~_. _ _~~~ _ J.
The subject properties are not in an area that requires review by the Community Redevelopment
Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
On June 29, 2005 the Palm Beach County Planning Division was notified of the City's intent to
annex this property. To date no reply has been received.
Lake Worth Drainage District:
On June 29, 2005 Lake Worth Drainage District was notified of the City's intent to annex this
property.
'PARC Notice:
On June 28, 2005, notice of the Future Land Use Amendment has also been provided to the
Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to
adjacent municipalities. No objections have been received.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Jerry Franciosa, PROD (Progressive Residents of Deiray)
o Carolyn Zimmerman, Presidents Council
o Frances Chassen
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Additional letters of support or objection, if any, will be presented at the Planning and
Zoning Board meeting.
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and service area. The application of initial zoning
designations of GC and SAD are consistent with existing land uses and the existing County
zoning (CG/SE) for this property.
Planning and Zoning Board Sl~, leport: Meeting of 07/18/05
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 14
The annexation will provide with better Police, Fire, EMS and Code Enforcement services. The
property will experience a slight increase in ad valorem taxes. The City will receive additional
revenue from property taxes, in addition to storm water assessment fees, utility taxes, franchise
fees, and licensing fees. The total immediate revenue increase is approximately $31,830.93, a
year. Based upon the above, the proposed Annexation, Future Land Use Map Amendment and
associated Rezoning application should be approved.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the voluntary annexation,
FLUM Amendment from County CH-8 to General Commercial (GC) in part and Transitional
(TRN) in part, and the initial zoning designation of General Commercial (GC) in part and
Special Activities District (SAD) in part, for the subject property, by adopting the findings of
fact and law contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)
(5), 3.1.1 and 3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the voluntary annexation,
FLUM Amendment from CH-8 to General Commercial (GC) in part and Transitional (TRN) in
part, and the initial zoning designation of General Commercial (GC) in part and Special
Activities District (SAD) in part, for the subject property, by adopting the findings of fact and
law contained in the staff report, and finding that the request and approval thereof is not
consistent with the Comprehensive Plan nor meets the criteria set forth in Sections 2.4.5(D)
(5), 3.1.1 and 3.2.2 of the Land Development Regulations, subject to the following condition:
_1__
. r...... ,'., ..ll'....,,~..__.....,,~_h 1i ,.._....... .,._, ',c '" "''''''''''"'"~'_'''' .~,._)"mwr, . . _ .. 'RI,..... '. .,. -.
Move a recommendation of approval to the City Commission for the voluntary annexation, FLUM
Amendment of:
o Parcel 1 - Public Storage Facility: FLUM amendment from County CH-8 (Commercial High
. with an Underlying High Residential, 8 du/ac) to City
TRN (Transitional) and rezoning from County CG/SE
(Commercial General Special Exception) to City SAD
(Special Activities District).
o Parcel 2 - Watkins Truck Terminal: FLUM amendment from County CH-8 (Commercial High
with an Underlying High Residential, 8 duJac) to City
TRN (Transitional) and rezoning from County CG/SE
(Commercial General Special Exception) to City SAD
(Special Activities District).
o Parcel 3 - Valero Gas Station:
FLUM amendment from County CH-8 (Commercial High
with an Underlying High Residential, 8 du/ac) to City GC
(General Commercial) and rezoning from County CG/SE
(Commercial General/Special Exception) to City General
Commercial (GC).
Planning and Zoning Board Staff 'ort: Meeting of 07118105
Valero Gas Station, Watkins Truck l"ermlnal. Public Storage Facility
Annexation, FLUM Amendment with Inlllal Zoning of GC and SAD
Page 15
by adopting the findings of fact and law contained in the staff report, and finding that the request
is consistent with the Comprehensive Plan, and does meet the criteria set forth in Sections
2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments: Location Map
Staff Report Prepared by: Estelio Breto, Senior Planner
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FLUM FROM:
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CH-8 (COMMERCIAL HIGH WITH AN UNDERL'l1NG HIGH RESIDENTIAL) TO CITY GC (GENERAL COMMERCIAL)
REZONING: FROM CG/SE (COMMERCIAL GENERAL SPECIAL EXCEPTION) TO GC (GENERAL COMMERCIAL)
~ WATKINS MOTOR LINES AND PUBLIC SElf STORAGE FACILITY
fLUM FROM: CH-B (COMMEROAL HIGH WITH AN UNDERLYING HIGH RESIDENTlAL) TO CITY TRN (TRANSITIONAL)
REZONING: FROM CGjSE (COMMERCIAL GENERAL SPECIAL EXCEPTION) TO SAD (SPECIAL ACTIVITIES DISTRICT)
!Jf;
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CITYOMMISSION DO JiI .' ......... .
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TO:
DTID T. RD N, CITY MANAGER
P~U~L1NG ~ECTOR OF PLANNING AND ZONING
ESTELlO BRETO, SENIOR PLANNER~ ~t
MEETING OF NOVEMBER 15, 2005
REZONING FROM COUNTY CG/SE (COMMERCIAL
GENERAL/SPECIAL EXCEPTION) TO CITY SAD (SPECIAL
ACTIVITIES DISTRICT) FOR A PARCEL CONTAINING WATKINS
MOTOR LINES TRUCK TERMINAL. THIS PARCEL IS CONTAINED
IN A 4.72 ACRE SITE, LOCATED ON THE WEST SIDE OF
MILITARY TRAIL. APPROXIMATELY 430 FEET NORTH OF
CONKLIN DRIVE.
THRU:
FROM:
SUBJECT:
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00............0.............
........000...00..0
The truck terminal, also known as Watkins Motor Lines, was legally established by
Resolution No. 71-299 approved on August 19, 1971 by the Board of County
Commissioners, which modified the zoning from A-1 (Agricultural District) to C-2
(General Commercial District) to allow a truck terminal facility. The 4.72 acre site, which
contains the Watkins Truck Terminal, was annexed into the City via Ordinance No. 58-
05, approved by the City Commission at its meeting of August 16, 2005. A related
Future Land Use Change from County CH-8 (Commercial High with an Underlying High
Residential, 8 du/ac) to City TRN (Transitional) is accompanying this request and is
being processed a part of Comprehensive Plan 2005-2.
1
PLA'NN'I'N' ;".'AN.O....Z.O. "IN'G' "i!!l"l'A' 'i!!l'''I.''/:'Io. ;.~iiiii.jtii""l!i...i.."lIi.',i\ill.O::..N. "Ii . " .... ;.1:'1
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At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in
conjunction with this request. After reviewing the staff report and discussing the
proposal, the Board voted unanimously to recommend that the request be approved.
The request was approved based upon finding the request is consistent with the
Comprehensive Plan and positive findings with respect to LDR Sections 3.1.1, 3.2.2,
and 2.4.5(D)(5).
1
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By motion, approve on first reading, the ordinance for Rezoning of Watkins Truck
Terminal from County CG/SE (Commercial General Special Exception) to City SAD
(Special Activities District), based upon the findings of fact and law contained in the staff
report, and finding that the request is consistent with the Comprehensive Plan, and
meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land
Development Regulations.
Attachments: Staff Report prepared for the P & Z meeting of July 18. 2005
IB-~
ORDINANCE NO. 77-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING INITIAL ZONING OF
SAD (SPECIAL ACTIVITIES DISTRICT); SAID LAND BEING A
PARCEL LOCATED ON THE WEST SIDE OF MILITARY TRAIL,
430 FEET NORTH OF CONKLIN DRIVE AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, at its meeting of July 18, 2005, the Plarming and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0
to recommend the establishment of an initial zoning classification of SAD (Special Activities
District) District, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes l63.3l74(4)(c), the Plarming and Zoning Board,
sitting as the Local Plarming Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Plarming and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section I. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of SAD (Special Activities District)
District for the following described property:
Northerly 384.48 feet of the northeast quarter (NE \I.) of the northeast quarter (NE \I.) of the
northeast quarter (NE \I.) of Section 14, Township 46 South, Range 42 East, Palm Beach
County, Florida, Less East 60 feet of road right-of-way and North 56 feet canal right-of-way.
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 2 hereof.
Section 4. That the uses allowed for the subject property described in Section 2, above,
pursuant to Section 4.4.25(B) of the Land Development Regulations of the City of Delray Beach,
Florida, shall be as follows:
The existing uses, as of the effective date of this Ordinance, consisting of Freight Terminal
and Incidental Fuel Storage, Freight Distribution, Warehousing, General Office, Automotive
and Truck Maintenance and Repair. The expansion or modification of any of these existing
uses or the establishment of any other uses will require a modification to the SAD ordinance
pursuant to LDR Section 4.4.25(C).
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
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 immediately upon the effective date of
Ordinance 56-05, under which official land use designation of TRN (Transitional) is affixed to the
subject parcel hereinabove described.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2
ORD NO. 77-05
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
July 11. 2004
IV.D.2.b.
Future land Use Map designation change from County CH~8 (Commercial High with an Underlying High
Residential. B dulac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special
Exception) to City SAD (Special Activities District) for Walkins Truck Terminal and Public Storage Facility: and
Future land Use Map designation change from County CH.B (Commercial High with an Underlying High
Residential, 8 dulac) to City GC (General Commercial) and rezoning from County CGlSE (Commercial
General/Special Exception) to City General Commercial (GG) for Valero Gas Station. The three parcels are
contained in a 9.13 acres site located on the west side of Military Trail approximatety 1,400' south of lake Ida
Road.
Owner/ApplicanLu............... on"
Agent.. ....uuo... ..... ..... ..... ..... ... ...u
locationu...no.. ..u...u. .u... .u. .u.....
Property Size..no....u.......u....u....
Existing County Future land Use
Map Designation ..no...................
City of Delray Beach
City of Delray Beach
West side of Military Trail
approximately 1400'
south of lake Ida Road.
9.13 Acres
CH-8 (Commercial Hi9h
with an Underlying High
Residential, 8 du/ac)
Proposed City Future land Use
Map Designation.....no........no...... GC (General Commercial)
in part, and TRN
(Transitional) in part.
Existing County Zoning....u....u... CG/SE (Commercial
General Special Exception)
Proposed City Zoningu..uo....u.... GC (General Commercial),
in part. and SAD (Special
Activities District) in part.
Adjacent Zoning.........uu.uNorth: Palm Beach County Single
Family Residential (RS)
East: Residential Medium Density
(RM) and Planned Office
Center (POC)
South: Palm Beach County Agricunural Residential
(AR) and City Automotive Commercial (AC)
West: Palm Beach County Agricultural
Residential (AR)
Existing Land Use...................... Truck Terminal, Storage
Facility, and Gas Station
Proposed Land Useno.........no..... Same as existin9
Water Service.............u.............. 12" waler main located
along Military Trail.
Sewer Service............................. Sewer service is available
from a lift station at the
north east comer of the site
---STAFF REPORT ---
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The action before the Board is that of making a recommendation t<1 the City Commission on
Voluntary Annexation, Future Land Use Map Amendments and RezoniiTg as follows:
o Parcel 1 - Public Storage Facility: Future Land Use Map designation change from County
CH-8 (Commercial High with an Underlying High
Residential, 8 duJac) to City TRN (Transitional) and
rezoning from County CG/SE (Commercial General
Special Exception) to City SAD (Special Activities
District).
o Parcel 2 - Watkins Truck Terminal: Future Land Use Map designation change from County
CH-8 (Commercial High with an Underlying High
Residential, 8 duJac) to City TRN (Transitional) and
rezoning from County CG/SE (Commercial General
Special Exception) to City SAD (Special Activities
District).
o Parcel 3 - Valero Gas Station:
Future Land Use Map designation change from County
CH-8 (Commercial High with an Underlying High
Residential, 8 du/ac) to City GC (General Commercial)
and rezoning from County CG/SE (Commercial
General/Special Exception) to City General Commercial
(GC).
The three parcels are contained in a 9.13 acres site located on the west side of Military Trail
approximately 1,400' south of Lake Ida Road.
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any properly within the City.
The subject properly is 9.13 acre site which contains three parcels located on the south side of
Canal L-32 and to the north of Conklin Drive and front on Military Trail. The property is bound to
the south by Tire Kingdom and La Sedona town house development. To the west the properly is
bound by the Rockland Park Single Family Subdivision located along Conklin Drive; to the north
by High Point of Delray West (Condo Development); and to the east (across Military Trail) by
High Point of Delray East (Condo Development) and Pylon Professional Center.
The subject properly contains Valero Gas Station, a Public Self Storage facility and Watkins
Truck Terminal. The truck terminal known as Watkins Motor Lines was legally established by
Resolution No. 71-299 approved on August 19, 1971 by the Board of County Commissioners
which modify the zoning from A-1 (Agricultural District) to C-2 (General Commercial District) to
allow a truck terminal facility (Watkins Motor Lines truck terminal) on the northern portion of the
properly. Valero Gas Station was legally established by Resolution No. 81-1212 approved on
September 29, 1981 by the Board of County Commissioners which granted a special exception
to allow an auto service station on the southeast portion of the properly. The Public Self Storage
facility was legally established by Resolution No. 84-1857 approved on December 11, 1984 by
Planning and Zoning Board SU "port: Meeting of 07/18/05
Valero Gas Station, Watkins TruCK Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 2
the Board of County Commissioners which granted a special exception to allow an enclosed
storage facility on the southwest portion of the property.
The access to these parcels is directly from Military Trail. The property is under the jurisdiction of
Palm Beach County but is in a designated annexation area for the City of Delray Beach. The City
has an Advisory land use designation of TRN (Transitional) on the property that allows the
establishment of uses which are compatible with adjacent residential use. The applicants are
currently receiving water service from the City and are contiguous to the City limits to the east.
This water was provided pursuant to a water service agreement which contains an annexation
clause. The execution of that agreement was a consent to voluntary annexation under Florida
Statute 171.044(1), when the property is contiguous to the corporate limits of the City and the
City Commission deems it to be in the best interests to the City to annex the property. The Future
Land Use amendment and rezoning of the subject property will part. of Comprehensive Plan
Amendment 2005-2 September 2005 to be adopted in September 2005.
Current Land Use DesiQnation: The current land use map designation for the property is
County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac). The current City
Advisory designation is TRN (Transitional).
Requested Land Use DesiQnation: The requested Future Land Use Designation is to City TRN
(Transitional) for Watkins Truck Terminal and the Public Self Storage facility and to City GC
(General Commercial) for Valero Gas Station.
Florida Statues GoverninQ Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 (1) "the owner or owners of real property in an
unincorporated area of the County, which is contiguous to a municipality and reasonably compact
may petition the governing body of said municipality that said property be annexed to the
municipality" .
The proposed GC land use designation for the Gas Station is not consistent with the advisory
designation of Transitional. However, given the long standing use it would appear inappropriate
- .to apply a designation which would make the existing use non-conforming. In the case of the
other two uses they are currently allowed in industrial districts. While the proposed zoning will
allow the uses to continue, the long term redevelopment of the sites to a use more consistent
with the transitional land use and compatible with adjacent residential areas is desired.
Land Development ReQulations GoverninQ Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership' pursuant to Florida Statutes. The
property owners consented to voluntary annexation via execution of the water service agreement.
It is noted that all the parcels are subject to the voluntary annexation. The original agreement
was signed by Watkins Truck facility and parcels were later sold off for development as the Self
Storage and Gas Station facility. However, as the agreement runs with the land all these parcels
are now subject to annexation.
Planning and Zoning Board Staff ""rt: Meeting of 07/18105
Valero Gas Station, Watkins TruCk (erminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 3
Land Use Analvsis:
Conslstencv Between the City and County Land Use Desiqnations:
The proposed City Advisory land Use Map Designation for the property is TRN (Transitional).
The existing County Future Land Use Map Designation for the property is CH-8 (Commercial
High with an Underlying High Residential, 8 duJac). The City's TRN land Use Designation is
consistent with the County's residential component of the CH-8 designation in that residential
developments with a density between five and twelve units per acre are allowed. However, the
Transitional land use designation does not allow commercial development other than that of a
neighborhood scale. Given the development of adjacent properties with predominantly residential
uses it would appear more appropriate to limit redevelopment to those allowed in City zoning
districts consistent with a Transitional land use designation (office, medium density residential, or
neighborhood residential commercial) rather than heavy commercial uses.
Adlacent Land Use Map Deslqnatlons. Zonlnq Desiqnatlons and Land Uses:
The following zoning designations and uses abut the subject property:
Use
Zoning Designation
North: Palm Beach County Single Family High Point of Delray West (Condo
Residential (RS) Development)
Palm Beach County Agricultural Rockland Park Single Family
South: Residential (AR) and City Automotive Subdivision (Along Conklin Drive) and
Commercial lAC) Tire Kinadom
Residential Medium Density (RM) and High Point of Delray East (Condo
East: Planned Office Center (PaC) Development) and Pylon Professional
Center
West: Palm Beach County Agricultural Rockland Park Single Family
Residential- IAR) Subdivision (AlonQ Conklin Drive)
North: North of the subject property, has a Palm Beach County zoning of RS (Residential Single
Family). The property is developed and contains multiple family structures.
South: To the south, across Conklin Drive, has a Palm Beach County land use designation of
lR-3 (low Residential 3 - du/ac) and a City land Use designation of MD (Residential Medium
Density). The property is zoned County Agricultural Residential (AR). The existing land use is a
single family subdivision located along the perimeter of Conklin Drive. Also, to the south (at the
intersection of Conklin Drive and Military Trail) the property is zoned County Commercial General
Special Exception (CG/SE) and is vacant land.
West: The abutting property to the west has a Palm Beach County land use designation of Low
Residential 3 - du/ac (LR-3) with a City land use designation of MD (Residential Medium
Density). The property is zoned County Agricultural Residential (AR). The existing land use is a
single family home and horse farm located on a five acre parcel.
l>lannlng and Zoning Board Stl ieport: Meeting of 07118105 ')
Valero Gas Station, Watkins Tru"K Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 4
East: East of the property (across Military Trail) has a City land use designation of MD (Medium
Density Residential) 5-12 du/ac) and'is zoned RM (Residential Medium Density). The property to
the east is known as High Point of Deiray East Condo development.
Staff is recommending that although the adjacent development pattern to the west and to the
north, and a portion to the south consists of RL (Multifamily Residential Low Density) and AR
(Agricultural Residential) a land use change to General Commercial and rezoning of GC (General
Commercial) for the southeast portion of the property, and a land use change to Transitional
(TRN) and rezoning of SAD (Special Activities District) for the balance of the property can be
supported. This rezoning will maintain consistency with the development pattern to the south
and will avoid creating non-conforming structures of these previously legally established uses.
The Transitional land use and SAD zoning will allow flexibility in future development but will not
promote further industrial development upon redevelopment as currently exists on the site.
Allowable Land Uses:
Under the proposed GC (General Commercial) zoning designation gasoline stations are allowed
as a conditional use [Ref: LDR Section 4.4.9(D)(9)]. Within the SAD (Special Activities District)
zoning designation all uses which are allowed are established at the time of establishment of the
SAD zoning through inclusion in the rezoning ordinance. Additional uses may be allowed after
review and recommendation by the Planning and Zoning Board and approved (via ordinance) by
the City Commission. Therefore, the existing Truck Terminal and Public Self Storage Facilities
will become permitted uses with the adoption of the SAD zoning for this site.
REQUIRED FIDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to LOR Section 3.1.1, prior to approval of Land Use applications, certain findings
must be made in a form which is part of the official record. This may be achieved through
information on the application, written materials submitted by the applicant, the staff
report, or minutes. Findings shall be made by the body which has the authority to
approve or deny the development application. These findings relate to the Future Land
Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with
the Land Development Regulations.
o Future Land Use Map: The resulting use of land or structlJres must be allowed In the
zoning district within which the land is situated and said zoning must be consistent
with the applicable land use designation as shown on the Future Land Use Map.
Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land
uses and resulting structures must be allowed in the zoning district within which the land is
situated, and said zoning must be consistent with the land use designation as shown on the
Future Land Use Map.
The proposed General Commercial (GC) zoning district is consistent with the proposed
General Commercial (GC) FLUM designation. Under the proposed GC (General Commercial)
zoning district gasoline stations are allowed as conditional use to the GC District. The SAD
zoning is deemed consistent with any land use designation on the Future Land Use Map and
has been established to allow for projects which are not otherwise classified in other zone
districts. With the adoption of the SAD (Special Activities District) zoning designation the
Planning and Zoning Board Stafl port: Meeting of 07/18105
Valero Gas Station, Watkins Truck rermlnal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 5
public self storage facility and truck terminal will become permitted uses at that site. This will
allow the current uses to remain conforming yet not encourage future industrial
redevelopment. Based on the above, positive findings can be made with respect to FLUM
consistency.
o Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves amending the FLUM designation from CH-8 to GC for the southeast
portion of the property and to TRN for the remaining balance on a 9.3 acres site that contains
three parcels. The proposed FLUM Amendment will accommodate existing uses. While
impacts will not increase they will shift from County providers to City providers. It is noted the
City has provided the site with water service for many years and will continue to do so upon
annexation. Concurrency findings with respect to Solid Waste and Sewer are discussed
below:
Solid Waste: The existing 924 square feet of gasoline station floor area generates 13.63 tons
of solid waste per year (924 sq.ft x 29.5.12,000 Ibs. = 27,258 Ibs or 13.63 tons). The existing
49,423 square feet of public storage floor area generates 128.50 tons of solid waste per year
(49,423 sq.ft x 5.2.12,000 Ibs. = 256,9991bs or 128.50 tons). The existing 17,980 square feet
of truck terminal floor area generates 82.71 tons of solid waste per year (17,980 sq.ft x
9.2.12,000 Ibs. = 165,416 Ibs or 82.71 tons). Total waste generated by the existing uses is
225 tons. This amount of solid waste can be accommodated by existing facilities and thus,
will not have a significant impact on this level of service standard. The Solid Waste Authority
has indicated that its facilities have sufficient capacity to handle all development proposals
and existing facilities till the year 2024.
Sewer: Sewer service is available from a lift station at the northeast comer of the site.
Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central
County Waste Water Treatment Plant for the City at build-out.
o Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based upon
the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need must
be based upon circumstances such as shifts in demographic trends, changes in the
availability of land, changes in the existing character and FLUM designations of the
surrounding area, fulfillment of a comprehensive plan objective or policy, annexation
into the municipal boundaries, or similar circumstances. The need must be supported
by data and analysis verifying the changing demographics or other circumstances.
This requirement shall not apply to requests for the FLUM designations of
Conservation or Recreation and Open Space; nor shall it apply to FLUM changes
associated with annexations when the City's Advisory FLUM designation is being
applied, or when the requested designation is of a similar intensity to the Advisory
designation. However, the findings described in the remainder of this policy must be
addressed with all FLUM amendments.
Planning and Zoning Board St, .port: Meeting of 07/18/05 . I
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 6
The proposal involves annexation of unincorporated property which requires changing the
FLUM designation from County to City. The current County FLUM designation is CH-8
(Commercial High with an Underlying High Residential, 8 du/ac) and the proposed City's
designation is GC (General Commercial) for the southeast portion of the property, which
provides basic regulations for small parcels that are best suited for general retail use but
which are not of sufficient size to be designed in a planned sense. The proposed City's land
use designation for the balance of the property is TRN (Transitional). The City's FLUM
designation being applied is also the City Advisory designation of TRN. As the designations
are either the adopted City Advisory designations (TRN) or are of similar intensity and more
appropriate given existing approved development (General Commercial), the data and needs
analysis are met.
Future Land Use Element Objective A-1: Property shall be developed or redeveloped In
a manner so that the future use and intensity is appropriate in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject property at the time it was established did not have any unique environmental
characteristics that would have prohibited development of the site or require mitigation
measures. The property was developed in a manner that was complimentary to the adjacent
use located to the south (a tire and auto-repair service known as Tire Kingdom) and also to
the adjacent residential areas with the provision of a buffer along the west, and south portion
of the site.
It is noted, that Resolution No. R-81-1212 of the Board of Commissioners of Palm Beach
County made the following finding of fact with regards to the gasoline station:
1. The proposal would be in harmony and compatible with the present and future
development of the area concerned.
It is also noted, that resolution No. R-84-1857 of the Board of Commissioners of Palm Beach
County allowed an enclosed storage facility on the property subject to the following
conditions:
1. The Properly Owner shall convey for the ultimate right-of-way of Military Trail, 60' feet
from centerline approximately an additional 10 feet within 90 days of adoption of the
resolution by the Board of County Commissioners; conveyance must be accepted by
Palm Beach County prior to issuance of first building permit;
2. The developer shall be permitted only one access onto Military Trail within the existing
20 foot ingress/egress easement.
3. Prior to certification by the Site Plan Review Committee, the site plan shall be
modified to reflect:
. Placement of a required 6' masonry wall along the western and southern property
lines so that tree planting may be included between the wall and property line
(external to the enclosing wall). Adequate space shall be allowed to permit
maintenance of the plantings;
Planning and Zoning Board Staff port: Meeting of 07/18/05
Valero Gas Station, Watkins Truck terminal. Public Storage Facility
Annexation, FlUMAmendment with Initial Zoning of GC and SAD
Page 7
. Canopy trees 8' - 12' in height planted 20' on center average, along the southern
and western boundaries of the site, placed between the required masonry wall
and the property lines;
. Canopy trees 10' - 12' in height, planted 30' on center average, along the site's
frontage on Military Trail.
It is also noted, that resolution No. R-71-299 of the Board of Commissioners of Palm Beach
County rezoned the northeast portion of the subject properly (Watkins Motor Lines Truck
Terminal) from A-1 (Agricultural District) to C-2 (General Commercial District) to allow the
Truck Terminal facility on the properly.
Compatibilitv -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
As described previously, the GC (general Commercial) land use designation will be
compatible with adjacent development pattern to the south of the subject properly which has
a City zoning of AC (Automotive Commercial). However, compatibility with the abutting low
density residential properties to the south (Conklin Drive), and to the north and west (High
Point of Delray West Condo) is of some concern. With existing commercial developments of
this kind, the City requires that trees must be installed every 25' along the south and west
properly line abutting single family residences. With future modifications to the site these
regulations will be applied. This along with other LDR requirements will assure compatibility
with surrounding uses.
Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
At this time no issues have been identified which would indicate non-compliance with the
requirements of the GC and SAD zoning district. Buffering particularly with respect to the
adjacent single family areas to the south and west as required by the approved County sites
plans and must be maintained.
Florida Statues Goveminq Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said property be annexed to
the municipality". Pursuant to F. S. 171.044 (5) "'and shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves".
Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed
area that is enclosed within and bounded bya single municipality and a natural or man made
obstacle that allows the passage of vehicular traffic to that unincorporated area only through the
municipality.
. The properly is contiguous with the City and reasonably compact. These three
parcels do not meet the definition of an enclave nor would its annexation create one.
. Planning and Zoning Board St ~eport: Meeting of 07/18/05
Valero Gas Statlon, Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initlal ZonIng of GC and SAD
Page 8
Land Development Requlations Governinq Annexations:
Pursuant to the land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
original property owner for all three parcels has consented to voluntary annexation.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Deslqnated annexation area: The territory to be annexed is located within the designated
annexation area (Area F) located on the west side of Military Trail north of Atlantic Avenue.
Annexation of the subject territory is consistent with the Future Land Use Element Policy B-3.5,
which calls for annexation of eligible properties through voluntary annexations as the
opportunities arise.
CONCURRENCY:
Provision of Services: Future land Use Element 8-3.1 states that when annexation of
property occurs, services are to be provided in a manner which is consistent with services
provided to other similar properties already in the City. What follows is a discussion of required
services and the manner in which they will be provided.
Police: The subject property is currently served by the Palm Beach County Sheriff's Office,
located at 345 South Congress Avenue, which serves the South County area. The property lies
within Sheriff Patrol zone 7. Zone 7 is bordered by EI Clair Road on the west, the Atlantic
Ocean on the east, and Boynton Beach on the north and Atlantic Avenue to the south. One
officer is assigned to a particular zone during a shift (three shifts per day). The City of Delray
Beach's Police Department has 14 cars per shift patrolling a 15 square mile area during the day
and 15 cars during the night; and as a consequence, response time is significantly improved
upon annexation. Annexation will not require additional manpower since the police currently
pass the property during routine patrolling to the north, west and east of the property.
Fire and Emeraency Services: The municipal area is served by Fire Station No.4 (Barwick Road
and Lake Ida Road). With annexation, the property will receive an improved response time from
the current 5.5 minutes of the County's Fire Department (Fire Station #42 located on Hagen
Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department (Fire Station #4
located at Barwick and Lake Ida Road).
Water and Sewer: City services regarding water and sewer have previously been discussed
under Future Land Use Analysis section of this report.
streets: The subject property has direct access to Military Trail which is under the jurisdiction of
Palm Beach County. The jurisdictional responsibility immediately adjacent to the property
change as both side of the street will be within the City limits. However, associated road
maintenance will not change upon annexation.
Planning and Zoning Board Staff I art: Meeting of 07/18/05
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FlUM Amendment with Initial Zoning of GC and SAP
Page 9
Financial Impacts:
Effect upon Annexed Property:
The following table depicts the current assessed value and total (County) taxes for the subject
property:
424614000001010 $1,304,531.00
424614000001140 $2,000,000.00
424614000001150 $490,000.00
TOTAL $3,794,531.00
$25,445.00
$39,010.00
$9,558.00
$74,013.00
$1,674.00
$2,594.00
$469.00
$4,737.00
27,119.00 19.50509 23.7254 $30,950.52 $5,505.52
41,604.00 19.50500 23.7254 $47,450.80 $8,440.80
10,027.00 19.50612 23.7254 $11,625.44 $2,067.44
$78,750.00 19.50518' 23.7254 $90,026.76 $16,013.76
For the 2005 tax year the subject property (three parcels) had a combined assessed value of
$3,794,531. With the change from County to City jurisdiction, the following taxes and rates will
be affected:
Fire/Rescue MSTU 12.138.70 3.198999 PELETE 0.00 0.00
Palm Beach County Lib. 2,050.19 0.540301 DELETE 0.00 0.00
Palm Beach CO.Lib.Debt 153.30 0.040400 DELETE 0.00 0.00
Florida Inland Navegation 146.09 0.038500 146.09 0.038500
Health Care District 4,173.98 1.099999 4,173.98 1.099999
Children Service Council 2,618.99 0.690201 2,618.99 0.690201
Palm Beach Coun 17 ,075.39 4.500000 17,075.39 4.500000
Palm Beach County Debt 1,015.79 0.267698 1,015.79 0.267698
Public Schools Debt Serv. 1,039.70 0.274000 1,039.70 0.274000
Public Schools loc.Board 9,835.42 2.591999 9,835.42 2.591999
Public Schools State law 21,120.36 5.566000 21,120.36 5.566000
SFWMD District 2,265.34 0.597001 2,265.34 0.597001
SFWMD Everglades Cons\. 379.45 0.099999 379.45 0.099999
C' of Delray Beach 7.466100 Added (City) $28,330.35 7.466100
C' of Beach Debt 0.533900 Added (City) $2,025.90 0.533900
. ..,:~~
. Total tax millage in the county is 19.505098 mills while in the city the lotal millage is 23.725398
mills. Therefore the difference is 4.220221 mills.
The current yearly ad valorem taxes are $74,013. With annexation the yearly ad valorem taxes
will be $90,026.76, (74,013+16013.76=90,026.76); a tax difference of $16,013.76
(3,794,531x4.220221/1000=16,013.76). In addition to property taxes, the following Non Ad
Valorem fiscal responsibility will apply:
I Delray Beach Storm Water utility - This assessment is based upon the percentage of
impervious area of the buildings, parking areas, etc. For non-residential units the assessment fee
is calculated using the following formula (# sq.ft. of impervious area 68,327/2,502) X
$54)/1,000=1,474.68). As the property contains a nonresidential use, this assessment would be
imposed in the amount of approximately $1,474.68. A further increase based upon new
Planning and Zoning Board SI. teport: Meeting of 07/18/05
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FlUM Amendment with Initial Zoning of GC and SAD
Page 10
impervious surfaces will be realized with future developmentJredevelopment of the site. A 25%
discount from the assessment is available since the property is within the Lake Worth Drainage
District. An additional 25% is also available as drainage is retained on site.
Occupational License Fees - The gas station, public storage facility and truck terminal have an
occupational license. With the annexation, these facilities must obtain an occupational license
from the City, in addition to the County's license. The City license fee is $142.
Solid Waste Authority - The Military Trail annexation areas are serviced under a new contract
by Waste Management (pursuant to a contract awarded October 1, 2003). City's contract is
currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a) . if a party
has an exclusive franchise which is in effect for at least six months prior to the initiation of an
annexation, the franchise may continue to provide such services to the annexed area for fIVe
years or the remainder of the franchise term whichever is shorter". As the waste provider is
currently the same this annexation will have no impact. For non-residential units the assessment
fee for solid waste collection is calculated using the following formula (# sq.ft. of impervious area
68,327*$17.09)/1,000=$1,167.70).
Resulting Impacts to Property Owners:
AD VALOREM TAXES 2005
City Mills. County Mills
23.7254 19.50518 =
NON AD VALOREM TAXES 2005
Stormwater Assessment
Solid Waste Collection
WATER & SEWER UTILITY FEES
ANNUAL FINANCIAL IMPACT:
+ $16,013.76
4.2203
$1,474.68
$1,167.71
$0.00
+ $18,656.15
Fire Response
+
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes (Ci ).
Faster response from an estimated 5.5
minutes Co.un to 2.5 minutes Ci .
Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 atroll cars durin the ni hI.
Pro-active vs reactive opportunity to work
with ro e owners.
Emergency Medical
Services EMS
Police
+
+
Code Enforcement
+
Fiscal Impacts to the City: At the 2004/2005 City operating mileage of 7.4661 mills and debt
rate of 0.5339 mills, the property will generate approximately $16,014.06 in new ad valorem
taxes per year. Additional revenues will be realized through increased assessment value, the
annual collection of the storm water assessment fee as well as utility taxes (9.5% electric, 7%
telephone) and franchise fees on electric, telephone, and cable.
Planning and Zoning Board Staff " )ort: Meeting of 07118105
Valero Gas Station, Watkins Truck fermlnal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 11
AD VALOREM TAXES 2005
City of Delray Beach (7.4661 Mills) $28,330.35
City of Delrav Beach Debt 10.5339 Mills) $2.025.90
SUB-TOTAL $30,356.25
NON-AD VALOREM TAXES
Storm Water Utilitv (# sn.f1. of imoervious area/2,502) X $54\ $1,474.68
SUB.TOTAL $31,830.93
PARK AND RECREATION IMPACT FEE
$500 oar dwellina $0.00
TOTAL $31,830.93
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the lDR were previously discussed under the
"Future Land Use Map Amendment Analysis' section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings
are discussed below.
The proposed City zoning designation is GC (General Commercial) and SAD (Special Activities
District) while the current County zoning designation is CG/SE (Commercial General/Special
Exception).
The surrounding zoning designations are: County AR (Agricultural Residential) to the west; City
RM (Residential Medium Density) and POC (Planned Office Center) to the east; County RS
(Single Family Residential) to the north and a portion of the south; and County AR (Agricultural
Residential) and City AC (Automotive Commercial) to the south.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objectives and policies are noted:
Pollcv 8-3.2 - Water and sewer facilities may be provided to unincorporated areas by the
City, upon demand, in a manner consistent with Policies of the City. The provision of
water facilities shall be accompanied by an agreement to voluntary annex upon eligibility
unless the property is already eligible in which case, annexation shall precede the
provision of service.
This annexation is consistent with this policy as well as the City Commission policy relating to
annexation of contiguous properties if City services are required. This request is also consistent
with Future land Use Policy A-1. 7 which has been previously discussed.
REQUIRED FINDINGS: (Chapter 3)
Previously discussed under land Use section of this report
Planning and Zoning Board St leport: Meeting of 07/18105
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 12
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
CONSISTENCY: Compliance with the performance standards set forth in LDR Section
3.2.2, along with the required findings in LDR Section 2.4.5(D) (5), shall be the basis upon
which a finding of overall consistency is to be made. other objectives and policies found
in the adopted Comprehensive Plan may be used in making a finding of overall
consistency.
Comprehensive Plan Policies: Consistency with the Comprehensive Pian was previously
discussed under the Future Land Use Map Amendment and Zoning analysis sections of
this report.
Section 3.2.2 (Standards for Rezonlna Actions): Standard "A", "8", "C", and "E" are not
applicable with respect to this rezoning request. The only applicable performance
standard of Section 3.2.2 is as follows:
D) That the rezoning shall result In allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an Incompatibility may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The initial GC and SAD zoning designations will allow the existing facilities to continue
to operate. It is noted, that south of the subject property has a City Land Use
Designation of CG (Commercial General) and is zoned AC (Automotive Commercial).
The property is developed and contains a tire store and automobile repair facility (Tire
Kingdom) which is consistent with the type uses of the subject property (Public Self
Storage facility, Watkins Truck Terminal, and Valero Gas Station). Staff is
recommending that although the adjacent development pattern to the west, and south
of the subject property consists of AR (Agricultural Residential) and RS (residential
Single Family) to the north a rezoning of GC (General Commercial) and SAD (Special
Activities District) are appropriate. This rezoning will maintain consistency with the
development pattern south of the subject property and will avoid creating non-
conforming uses that have been in operation since December 11, 1984 (Public
Storage facility), August 19, 1971 (Watkins Motor Lines - Truck Terminal), and
September 29,1981 (Valero Gas Station).
Section 2.4.5 (D) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought. These reasons
include the following:
(a) That the zoning had previously been changed, or was originally established, in
error;
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
Planning and Zoning Board Staffort: Meeting of 07/18/05
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 13
(c) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it. is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicant is applying for annexation of this property into the City and the annexation
requires that an appropriate City zoning designations be applied. The GC (General
Commercial) and SAD (Special Activities District) zoning are appropriate as they are
consistent with the County CG/SE (Commercial General/Special Exception).
The subject properties are not in an area that requires review by the Community Redevelopment
Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
On June 29, 2005 the Palm Beach County Planning Division was notified of the City's intent to
annex this property. To date no reply has been received.
Lake Worth Drainaae District:
On June 29, 2005 Lake Worth Drainage District was notified of the City's intent to annex this
property.
IPARC Notice:
On June 28, 2005, notice of the Future Land Use Amendment has also been provided to the
Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to
adjacent municipalities. No objections have been received.
Courtesv Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Jerry Franciosa, PROD (Progressive Residents of Deiray)
o Carolyn Zimmerman, Presidents Council
o Frances Chassen
Public Notice:
Fonmal public notice has been provided to property owners within a 500' radius of the subject
property. Additional letters of support or objection, if any, will be presented at the Planning and
Zoning Board meeting.
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and service area. The application of initial zoning
designations of GC and SAD are consistent with existing land uses and the existing County
zoning (CG/SE) for this property.
Planning and Zoning Board St .', leport: Meeting of 07/18/05
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 14
The annexation will provide with better Police, Fire, EMS and Code Enforcement services. The
property will experience a slight increase in ad valorem taxes. The City will receive additional
revenue from property taxes, in addition to storm water assessment fees, utility taxes, franchise
fees, and licensing fees. The total immediate revenue increase is approximately $31,830.93, a
year. Based upon the above, the proposed Annexation, Future land Use Map Amendment and
associated Rezoning application should be approved.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the voluntary annexation,
FLUM Amendment from County CH-8 to General Commercial (GC) in part and Transitional
(TRN) in part, and the initial zoning designation of General Commercial (GC) in part and
Special Activities District (SAD) in part, for the subject property, by adopting the findings of
fact and law contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0)
(5), 3.1.1 and 3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the voluntary annexation,
FLUM Amendment from CH-8 to General Commercial (GC) in part and Transitional (TRN) in
part, and the initial zoning designation of General Commercial (GC) in part and Special
Activities District (SAD) in part, for the subject property, by adopting the findings of fact and
law contained in the staff report, and finding that the request and approval thereof is not
consistent with the Comprehensive Plan nor meets the criteria set forth in Sections 2.4.5(0)
(5), 3.1.1 and 3.2.2 of the Land Development Regulations, subject to the following condition:
. "',;".'"T;;--;"'''7'~-~~'''-"'''~~7 .,....-n ,cc..~~~~...-:.~ -... ~
' ',)lr:' j 1 ~4t!iii~ p , ''.1''J~-\f-if,,;I ll""l "')"... ,
~"L~ .~dJl: ~~."J~~~~- ~~~ ~~---..:,.
Move a recommendation of approval to the City Commission for the voluntary annexation, FLUM
Amendment of:
o Parcel 1 - Public Storage Facility: FLUM amendment from County CH-8 (Commercial High
. with an Underlying High Residential, 8 du/ac) to City
TRN (Transitional) and rezoning from County CG/SE
(Commercial General Special Exception) to City SAD
(Special Activities District).
o Parcel 2 - Watkins Truck Terminal: FlUM amendment from County CH-8 (Commercial High
with an Underlying High Residential, 8 du/ac) to City
TRN (Transitional) and rezoning from County CG/SE
(Commercial General Special Exception) to City SAD
(Special Activities District).
o Parcel 3 - Valero Gas Station:
FLUM amendment from County CH-8 (Commercial High
with an Underlying High Residential, 8 du/ac) to City GC
(General Commercial) and rezoning from County CG/SE
(Commercial General/Special Exception) to City General
Commercial (GC).
Planning and Zoning Board Staff :ort: Meeting of 07/18105
Valero Gas Station, Watkins Truck l'ermlnal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 15
by adopting the findings of fact and law contained in the staff report, and finding that the request
is consistent with the Comprehensive Plan, and does meet the criteria set forth in Sections
2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Altachments: Location Map
Staff Report Prepared by: Estelio Breto, Senior Planner
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(;:] VALERO GAS STATION
FLUM FROM: CH-8 (COMMERCIAL HIGH W11H AN UNDERLYING HIGH RESIDENTIAL) TO CITy GC (GENERAL COMMERCIAL)
REZONING: FROM Ce/SE (COMMERCiAl GENERAL SPECIAL EXCEPTION) TO GC (GENERAL COMMEROAL)
~ WATKINS MOTOR LINES AND PUBLIC SELF STORAGE FACILITY
FLUM FROM: CH-8 (COMf.lEROAL HIGH WITH AN UNDERLYING HIGH RESIDENTIAL) TO CITY TRN (TRANSmONAl)
REZONING: FROf.l CGjSE (COf.lf.lERCIAL GENERAL SPECIAL EXCEPTION) TO SAD (SPECIAL ACTIVITIES DISTRICT)
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FROM:
SUBJECT:
DA~ T. H DE, C TY MANAGER
PAIk.~L1NG, CTOR OF PLANNING AND ZONING
ESTELlO BRETO, SENIOR PLANNER & ~t- 1
MEETING OF NOVEMBER 15, 2005
REZONING FROM COUNTY CG/SE (COMMERCIAL
GENERAL/SPECIAL EXCEPTION) TO CITY SAD (SPECIAL
ACTIVITIES DISTRICT) FOR A PARCEL CONTAINING THE
PUBLIC STORAGE FACILITY. THIS PARCEL IS CONTAINED IN A
3.45 ACRE SITE, LOCATED ON THE WEST SIDE OF MILITARY
TRAIL APPROXIMATELY 270 FEET NORTH OF CONKLIN DRIVE.
I
BACKGROUND
"1
The Public Self Storage facility was legally established by Resolution No. 84-1857,
approved on December 11, 1984 by the Board of County Commissioners which granted
a special exception to allow an enclosed storage facility on the southwest portion of the
property. The 3.45 acres site which contains the Public Self Storage Facility was
annexed into the City via Resolution No. 66-05, approved by the City Commission at its
meeting of August 16, 2005. A related Future Land Use Map designation change from
County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City
TRN (Transitional) is accompanying this request and is being processed a part of
Comprehensive Plan 2005-2.
I
. PLANNING.ANl!) ZON'NG.BO~RDICO~IQ~ltf{"ION 'i ,',
. "1
'i" "',
At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in
conjunction with this request. After reviewing the staff report and discussing the
proposal, the Board voted unanimously to recommend that the request be approved.
The request was approved based upon finding the request is consistent with the
Comprehensive Plan and positive findings with respect to LOR Sections 3.1.1, 3.2.2,
and 2.4.5(0)(5).
I
. , """""....".M" ~.I,.;.j'..1 ',."'...........'0..... "'''""",,,. .. ' "" " '1
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By motion, approve on first reading, the ordinance for Rezoning of Public Storage
Facility from County CG/SE (Commercial General Special Exception) to City SAD
(Special Activities District), based upon the findings of fact and law contained in the staff
report, and finding that the request is consistent with the Comprehensive Plan, and
meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land
Development Regulations.
Attachments: Staff Report prepared for the P & Z meeting of July 18, 2005
\~D
ORDINANCE NO. 78-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, ESTABLISHING INITIAL ZONING OF
SAD (SPECIAL ACTIVITIES DISTRICT); SAID LAND BEING A
PARCEL LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 270
FEET NORTH OF CONKLIN DRIVE AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, at its meeting of July 18, 2005, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0
to recommend the establishment of an initial zoning classification of SAD (Special Activities
District) District, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes l63.3l74(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section L That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of SAD (Special Activities District)
District for the following described property:
Southerly 313.06 feet of the northeast quarter (NE y.,) of the northeast quarter (NE y.,) of the
northeast quarter (NE y.,) of Section 14, Township 46 South, Range 42 East, Palm Beach
County, Florida, as in ORB3367, PG 206, (Less the southerly 155.98 feet of the easterly
286.59 feet and Military Trail R/W).
Section 3. That the Planning and Zoning Director ofthe said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 2 hereof.
Section 4. That the uses allowed for the subject property described in Section 2, above,
pursuant to Section 4.4.25(B) of the Land Development Regulations of the City of Delray Beach,
Florida, shall be as follows:
The existing use, as of the effective date of this Ordinance, consisting of a Self Service
Storage Facility. The expansion or modification of the existing use or the establishment of
any other uses will require a modification to the SAD ordinance pursuant to LDR Section
4.4.25(C).
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
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 immediately upon the effective date of
Ordinance 56-05, under which official land use designation of TRN (Transitional) is affixed to the
subject parcel hereinabove described.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of ,200 .
MAYOR
ATTEST
City Clerk
First Reading
Second Reading
2
ORD NO. 78-05
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---5T AFF REPORT ---
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Future land Use Map designation change from County CH-8 (Commercial High with an Underlying High
Residential, 8 du/ac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special
Exception) to City SAD (Special Activities District) for Walkins Truck Terminal and Public Storage Facility; and
Future land Use Map designation change from County CH-8 (Commercial High with an Undertying High
Residential, 8 dulac) to City GC (General Commercial) and rezoning from County CG/SE (Commercial
GeneraVSpecial Exception) to City General Commercial (GC) for Valero Gas Station. The three parcels are
contained in a 9.13 acres site located on the west side of Military Trail approximatety 1.400' south of Lake Ida
Road.
July 11. 2004
IV.D.2.b.
Owner/Applicant......................... City of Delray Beach
Agent.......................................... City of Delray Beach
location...................................... West side of Military Trail
approximately 1400'
south of lake Ida Road.
Property Size.............................. 9.13 Acres
Existing County Future Land Use CH-8 (Commercial High
Map Designation ......__.............__. with an Underlying High
Residential, 8 du/ac)
Proposed City Future Land Use
Map Designation......................... GC (General Commercial)
in part, and TRN
(Transitional) in part.
Existing County Zoning............... CGISE (Commercial
General Special Exception)
Proposed City Zoning................. GC (General Commercial),
in part, and SAD (Special
Activities District) in part.
Adjacent Zoning...:,...........North: Palm Beach County Single
Family Residential (RS)
East: Residential Medium Density
(RM) and Planned Office
Center (POC)
South: Palm Beach County Agricultural Residential
(AR) and City Automotive Commercial (AC)
West: Palm Beach County Agricultural
Residential (AR)
Existing land Use...................... Truck Terminal, Storage
Facility, and Gas Station
Proposed land Use.................... Same as existing
f Water Service......................__..... 12" water main located
along Mililary Trail.
Sewer Service...............__............ Sewer service is available
from a lift station at the
north east corner of the site
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IV.D.2.b.
The action before. the Board is that of making a recommendation t5t the City Commission on
Voluntary Annexation, Future land Use Map Amendments and Rezonitrg as follows:
[J Parcel 1 - Public Storage Facility: Future Land Use Map designation change from County
CH-8 (Commercial High with an Underlying High
Residential, 8 du/ac) to City TRN (Transitional) and
rezoning from County CG/SE (Commercial General
Special Exception) to City SAD (Special Activities
District).
[J Parcel 2 - Watkins Truck Terminal: Future land Use Map designation change from County
CH-8 (Commercial High with an Underlying High
Residential, 8 dulac) to City TRN (Transitional) and
rezoning from County CG/SE (Commercial General
Special Exception) to City SAD (Special Activities
District).
[J Parcel 3 - Valero Gas Station:
Future land Use Map designation change from County
CH-8 (Commercial High with an Underlying High
Residential, 8 du/ac) to City GC (General Commercial)
and rezoning from County CG/SE (Commercial
General/Special Exception) to City General Commercial
(GC).
The three parcels are contained in a 9.13 acres site located on the west side of Military Trail
approximately 1,400' south of lake Ida Road.
Pursuant to land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any properly within the City.
__I
" '.. '..,". ',,'_', ' '. . ' . ',ill.:'" . ,,;111',
The subject property is 9.13 acre site which contains three parcels located on the south side of
Canal l-32 and to the north of Conklin Drive and front on Military Trail. The properly is bound to
the south by Tire Kingdom and La Sedona town house development. To the west the property is
bound by the Rockland Park Single Family Subdivision located along Conklin Drive; to the north
by High Point of Delray West (Condo Development); and to the east (across Military Trail) by
High Point of Delray East (Condo Development) and Pylon Professional Center.
The subject properly contains Valero Gas Station, a Public Self Storage facility and Watkins
Truck Terminal. The truck terminal known as Watkins Motor Lines was legally established by
Resolution No. 71-299 approved on August 19, 1971 by the Board of County Commissioners
which modify the zoning from A-1 (Agricultural District) to C-2 (General Commercial District) to
allow a truck terminal facility (Watkins Motor Lines truck terminal) on the northern portion of the
properly. Valero Gas Station was legally established by Resolution No. 81-1212 approved on
September 29, 1981 by the Board of County Commissioners which granted a special exception
to allow an auto service station on the southeast portion of the property. The Public Self Storage
facility was legally established by Resolution No. 84-1857 approved on December 11, 1984 by
Planning and Zoning Board Sli eport: Meeting of 07/18/05
Valero Gas Stallon, Watkins TrucK Terminal. Public Storage Facil"y
Annexallon, FLUM Amendment with Inillal Zoning of GC and SAD
Page 2
the Board of County Commissioners which granted a special exception to allow an enclosed
storage facility on the southwest portion of the property.
The access to these parcels is directly from Military Trail. The property is under the jurisdiction of
Palm Beach County but is in a designated annexation area for the City of Delray Beach. The City
has an Advisory land use designation of TRN (Transitional) on the property that allows the
establishment of uses which are compatible with adjacent residential use. The applicants are
currently receiving water service from the City and are contiguous to the City limits to the east.
This water was provided pursuant to a water service agreement which contains an annexation
clause. The execution of that agreement was a consent to voluntary annexation under Florida
Statute 171.044(1), when the property is contiguous to the corporate limits of the City and the
City Commission deems it to be in the best interests to the City to annex the property. The Future
Land Use amendment and rezoning of the subject property will part. of Comprehensive Plan
Amendment 2005-2 September 2005 to be adopted in September 2005.
Current Land Use Desianation: The current land use map designation for the property is
County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac). The current City
Advisory designation is TRN (Transitional).
Reauested Land Use Desianation: The requested Future Land Use Designation is to City TRN
(Transitional) for Watkins Truck Terminal and the Public Self Storage facility and to City GC
(General Commercial) for Valero Gas Station.
Florida Statues Governina Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 (1) "the owner or owners of real property in an
unincorporated area of the County, which is contiguous to a municipality and reasonably compact
may petition the governing body of said municipality that said property be annexed to the
municipality".
The proposed GC land use designation for the Gas Station is not consistent with the adviSOry
designation of Transitional. However, given the long standing use it would appear inappropriate
to apply a designation which would make the existing use non-conforming. In the case of the
other two uses they are currently allowed in industrial districts. While the proposed zoning will
allow the uses to continue, the long term redevelopment of the sites to a use more consistent
with the transitional land use and compatible with adjacent residential areas is desired.
Land Development Reaulations Governina Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership' pursuant to Florida Statutes. The
property owners consented to voluntary annexation via execution of the water service agreement.
It is noted that all the parcels are subject to the voluntary annexation. The original agreement
was signed by Watkins Truck facility and parcels were later sold off for development as the Self
Storage and Gas Station facility. However, as the agreement runs with the land all these parcels
are now subject to annexation.
Planning and Zoning Board Staff ilOrt: Meeting of 07/18/05
Valero Gas Station, Watkins TruCk "ermlnal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 3
Land Use Analvsls:
Consistency Between the City and County Land Use Desiqnations:
The proposed City Advisory Land Use Map Designation for the property is TRN (Transitional).
The existing County Future Land Use Map Designation for the property is CH-8 (Commercial
High with an Underlying High Residential, 8 du/ac). The City's TRN Land Use Designation is
consistent with the County's residential component of the CH-8 designation in that residential
developments with a density between five and twelve units per acre are allowed. However, the
Transitional land use designation does not allow commercial development other than that of a
neighborhood scale. Given the development of adjacent properties with predominantly residential
uses it would appear more appropriate to limit redevelopment to those allowed in City zoning
districts consistent with a Transitional land use designation (office, medium density residential, or
neighborhood residential commercial) rather than heavy commercial uses.
Adlacent Land Use Map Deslqnations. Zoninq Desiqnatlons and Land Uses:
The following zoning designations and uses abut the subject property:
Zoning Designation
Use
North: Palm Beach County Single Family High Point of Delray West (Condo
Residential (RS) Development)
Palm Beach County Agricultural Rockland Park Single Family
South: Residential (AR) and City Automotive Subdivision (Along Conklin Drive) and
Commercial lAC) Tire Kinadom
Residential Medium Density (RM) and High Point of Delray East (Condo
East: Planned Office Center (POC) Development) and Pylon Professional
Center
West: Palm Beach County Agricultural Rockland Park Single Family
Residentiat'IAFh Subdivision (Alona Conklin Drive)
North: North of the subject property, has a Palm Beach County zoning of RS (Residential Single
Family). The property is developed and contains multiple family structures.
South: To the south, across Conklin Drive, has a Palm Beach County land use designation of
LR-3 (Low Residential 3 - du/ac) and a City Land Use designation of MD (Residential Medium
Density). The property is zoned County Agricultural Residential (AR). The existing land use is a
single family subdivision located along the perimeter of Conklin Drive. Also, to the south (at the
intersection of Conklin Drive and Military Trail) the property is zoned County Commercial General
Special Exception (CG/SE) and is vacant land.
West: The abutting property to the west has a Palm Beach County land use designation of Low
Residential 3 - du/ac (LR-3) with a City land use designation of MD (Residential Medium
Density). The property is zoned County Agricultural Residential (AR). The existing land use is a
single family home and horse farm located on a five acre parcel.
"Ianning and Zoning Board SI< aport: Meeting of 07/18105
Vaiero Gas Station, Watkins TrucK Terminal. Public Storage Facility
Annexation, FLUM Amendment with initial Zoning of GC and SAD
Page 4
East: East of the property (across Military Trail) has a City land use designation of MD (Medium
Density Residential) 5-12 du/ac) and is zoned RM (Residential Medium Density). The property to
the east is known as High Point of Delray East Condo development.
Staff is recommending that although the adjacent development pattern to the west and to the
north, and a portion to the south consists of RL (Multifamily Residential Low Density) and AR
(Agricultural Residential) a land use change to General Commercial and rezoning of GC (General
Commercial) for the southeast portion of the property, and a land use change to Transitional
(TRN) and rezoning of SAD (Special Activities District) for the balance of the property can be
supported. This rezoning will maintain consistency with the development pattern to the south
and will avoid creating non-conforming structures of these previously legally established uses.
The Transitional land use and SAD zoning will allow flexibility in future development but will not
promote further industrial development upon redevelopment as currently exists on the site.
Allowable Land Uses:
Under the proposed GC (General Commercial) zoning designation gasoline stations are allowed
as a conditional use [Ref: LOR Section 4.4.9(D)(9)]. Within the SAD (Special Activities District)
zoning designation all uses which are allowed are established at the time of establishment of the
SAD zoning through inclusion in the rezoning ordinance. Additional uses may be allowed after
review and recommendation by the Planning and Zoning Board and approved (via ordinance) by
the City Commission. Therefore, the existing Truck Terminal and Public Self Storage Facilities
will become permitted uses with the adoption of the SAD zoning for this site.
REQUIRED FIDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings
must be made in a form which is part of the official record. This may be achieved through
information on the application, written materials submitted by the applicant, the staff
report, or minutes. Findings shall be made by the body which has the authority to
approve or deny the development application. These findings relate to the Future Land
Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with
the Land Development Regulations.
Q Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent
with the applicable land use designation as shown on the Future Land Use Map.
Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land
uses and resulting structures must be allowed in the zoning district within which the land is
situated, and said zoning must be consistent with the land use designation as shown on the
Future Land Use Map.
The proposed General Commercial (GC) zoning district is consistent with the proposed
General Commercial (GC) FLUM designation. Under the proposed GC (General Commercial)
zoning district gasoline stations are allowed as conditional use to the GC District. The SAD
zoning is deemed consistent with any land use designation on the Future Land Use Map and
has been established to allow for projects which are not otherwise classified in other zone
districts. With the adoption of the SAD (Special Activities District) zoning designation the
Planning and Zoning Board Staff .l>Ort: Meeting of 07/18/05
Valero Gas Station, Watkins Truck ferminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 5
public self storage facility and truck terminal will become permitted uses at that site. This will
allow the current uses to remain conforming yet not encourage future industrial
redevelopment. Based on the above, positive findings can be made with respect to FLUM
consistency.
o Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves amending the FLUM designation from CH-8 to GC for the southeast
portion of the property and to TRN for the remaining balance on a 9.3 acres site that contains
three parcels. The proposed FLUM Amendment will accommodate existing uses. While
impacts will not increase they will shift from County providers to City providers. It is noted the
City has provided the site with water service for many years and will continue to do so upon
annexation. Concurrency findings with respect to Solid Waste and Sewer are discussed
below:
Solid Waste: The existing 924 square feet of gasoline station floor area generates 13.63 tons
of solid waste per year (924 sq.ft x 29.5./2,000 Ibs. = 27,258 Ibs or 13.63 tons). The existing
49,423 square feet of public storage floor area generates 128.50 tons of solid waste per year
(49,423 sq.ft x 5.2./2,000 Ibs. = 256,999 Ibs or 128.50 tons). The existing 17,980 square feet
of truck terminal floor area generates 82.71 tons of solid waste per year (17,980 sq.ft x
9.2./2,000 Ibs. = 165,416 Ibs or 82.71 tons). Total waste generated by the existing uses is
225 tons. This amount of solid waste can be accommodated by existing facilities and thus,
will not have a significant impact on this level of service standard. The Solid Waste Authority
has indicated that its facilities have sufficient capacity to handle all development proposals
and existing facilities till the year 2024.
Sewer: Sewer service is available from a lift station at the northeast comer of the site.
Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central
County Waste Water Treatment Plant for the City at build-out.
o Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based upon
the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need must
be based upon circumstances such as shifts in demographic trends, changes in the
availability of land, changes in the existing character and FLUM designations of the
surrounding area, fulfillment of a comprehensive plan objective or policy, annexation
into the municipal boundaries, or similar circumstances. The need must be supported
by data and analysis verifying the changing demographics or other circumstances.
This requirement shall not apply to requests for the FLUM designations of
Conservation or Recreation and Open Space; nor shall it apply to FLUM changes
associated with annexations when the City's Advisory FLUM designation is being
applied, or when the requested designation is of a similar intensity to the Advisory
designation. However, the findings described in the remainder of this policy must be
addressed with all FLUM amendments.
Planning and Zoning Board SU ,eport: Meeting of 07118105 ' I
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 6
The proposal involves annexation of unincorporated property which requires changing the
FLUM designation from County to City. The current County FLUM designation is CH-8
(Commercial High with an Underlying High Residential, 8 dulac) and the proposed City's
designation is GC (General Commercial) for the southeast portion of the property, which
provides basic regulations for small parcels that are best suited for general retail use but
which are not of sufficient size to be designed in a planned sense. The proposed City's land
use designation for the balance of the property is TRN (Transitional). The City's FLUM
designation being applied is also the City Advisory designation of TRN. As the designations
are either the adopted City Advisory designations (TRN) or are of similar intensity and more
appropriate given existing approved development (General Commercial), the data and needs
analysis are met.
Future Land Use Element Objective A-1: Property shall be developed or redevelOped in
a manner so that the future use and intensity is appropriate in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject property at the time it was established did not have any unique environmental
characteristics that would have prohibited development of the site or require mitigation
measures. The property was developed in a manner that was complimentary to the adjacent
use located to the south (a tire and auto-repair service known as Tire Kingdom) and also to
the adjacent residential areas with the provision of a buffer along the west, and south portion
of the site.
It is noted, that Resolution No. R-81-1212 of the Board of Commissioners of Palm Beach
County made the following finding of fact with regards to the gasoline station:
1. The proposal would be in harmony and compatible with the present and future
development of the area concerned.
It is also noted, that resolution No. R-84-1857 of the Board of Commissioners of Palm Beach
County allowed an enclosed storage facility on the property subject to the following
conditions:
1. The Property Owner shall convey for the ultimate right-of-way of Military Trail, 60' feet
from centerline approximately an additional 10 feet within 90 days of adoption of the
resolution by the Board of County Commissioners; conveyance must be accepted by
Palm Beach County prior to issuance of first building permit;
2. The developer shall be permitted only one access onto Military Trail within the existing
20 foot ingress/egress easement.
3. Prior to certification by the Site Plan Review Committee, the site plan shall be
modified to reflect:
. Placement of a required 6' masonry wall along the westem and southem property
lines so that tree planting may be included between the wall and property line
(external to the enclosing wall). Adequate space shall be allowed to permit
maintenance of the plantings;
Planning and Zoning Board StafI )>or!: Meeting of 07/18/05
Valero Gas Station, Watkins Truck terminal. Public Storage Facility
Annexation, FlUMAmendment with Inlllal Zoning of GC and SAD
Page 7
. Canopy trees 8' - 12' in height planted 20' on center average, along the southern
and western boundaries of the site, placed between the required masonry wall
and the property lines;
. Canopy trees 10' - 12' in height, planted 30' on center average, along the site's
frontage on Military Trail.
It is also noted, that resolution No. R-71-299 of the Board of Commissioners of Palm Beach
County rezoned the northeast portion of the subject property (Watkins Motor Lines Truck
Terminal) from A-1 (Agricultural District) to C-2 (General Commercial District) to allow the
Truck Terminal facility on the property.
Compatibllltv -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
As described previously. the GC (general Commercial) land use designation will be
compatible with adjacent development pattem to the south of the subject property which has
a City zoning of AC (Automotive Commercial). However, compatibility with the abutting low
density residential properties to the south (Conklin Drive), and to the north and west (High
Point of Delray West Condo) is of some concem. With existing commercial developments of
this kind, the City requires that trees must be installed every 25' along the south and west
property line abutting single family residences. With future modifications to the site these
regulations will be applied. This along with other LOR requirements will assure compatibility
with surrounding uses.
Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
At this time no issues have been identified which would indicate non-compliance with the
requirements of the GC and SAD zoning district. Buffering particularly with respect to the
adjacent single family areas to the south and west as required by the approved County sites
plans and must be maintained.
Florida Statues GoverninQ Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the goveming body of said municipality that said property be annexed to
the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves".
Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed
area that is enclosed within and bounded by a single municipality and a natural or man made
obstacle that allows the passage of vehicular traffic to that unincorporated area only through the
municipality.
. The property is contiguous with the City and reasonably compact. These three
parcelS do not meet the definition of an enclave nor would its annexation create one.
Planning and Zoning Board 51 leport: Meeting of 07/18/05
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 8
Land Development Reaulations Governina Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
original property owner for all three parcels has consented to voluntary annexation.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Deslanated annexation area: The territory to be annexed is located within the designated
annexation area (Area F) located on the west side of Military Trail north of Atlantic Avenue.
Annexation of the subject territory is consistent with the Future land Use Element Policy 8-3.5,
which calls for annexation of eligible properties through voluntary annexations as the
opportunities arise.
CONCURRENCY:
Provision of Services: Future land Use Element 8-3.1 states that when annexation of
property occurs, services are to be provided in a manner which is consistent with services
provided to other similar properties already in the City. What follows is a discussion of required
services and the manner in which they will be provided.
Police: The subject property is currently served by the Palm Beach County Sheriffs Office,
located at 345 South Congress Avenue, which serves the South County area. The property lies
within Sheriff Patrol zone 7. Zone 7 is bordered by EI Clair Road on the west, the Atlantic
Ocean on the east, and Boynton Beach on the north and Atlantic Avenue to the south. One
officer is assigned to a particular zone during a shift (three shifts per day). The City of Delray
Beach's Police Department has 14 cars per shift patrolling a 15 square mile area during the day
and 15 cars during the night; and as a consequence, response time is significantly improved
upon annexation. Annexation will not require additional manpower since the police currently
pass the property during routine patrolling to the north, west and east of the property.
Fire and Emeraencv Services: The municipal area is served by Fire Station No.4 (Barwick Road
and lake Ida Road). With annexation, the property will receive an improved response time from
the current 5.5 minutes of the County's Fire Department (Fire Station #42 located on Hagen
Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department (Fire Station #4
located at Barwick and lake Ida Road).
Water and Sewer: City services regarding water and sewer have previously been discussed
under Future land Use Analysis section of this report.
Streets: The subject property has direct access to Military Trail which is under the jurisdiction of
Palm Beach County. The jurisdictional responsibility immediately adjacent to the property
change as both side of the street will be within the City limits. However, associated road
maintenance will not change upon annexation.
Planning and Zoning Board Staff I )rt: Meeting of 07/18105
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FlUM Amendment with Initial Zoning of GC and SAD
Page 9
Financial Impacts:
Effect upon Annexed Property:
The following table depicts the current assessed value and total (County) taxes for the subject
property:
424614000001010 $1,304,531.00
424614000001140 $2,000,000.00
424614000001150 $490,000.00
TOTAL $3,194,531.00
$25,445.00
$39,010.00
$9,558.00
$74,013.00
$1,674.00
$2,594.00
$469.00
$4,737.00
27,119.00
41,604.00
10,027.00
$78,750,00
19.50509 23.7254
19.50500 23.7254
19.50612 23.7254
19.50518 . 23.7254
$30,950.52
$47,450.80
$11,625.44
$90,026.76
$5,505.52
$8,440.80
$2,067.44
$16,013.76
For the 2005 tax year the subject property (three parcels) had a combined assessed value of
$3,794,531. With the change from County to City jurisdiction, the following taxes and rates will
be affected:
Fire/Rescue MSTU
Palm Beach County lib.
Palm Beach CO.lib.Debt
Florida Inland Navegation
Health Care District
Children Service Council
Palm Beach Coun
Palm Beach County Debt
Public Schools Debt Serv.
Public Schools loc.Board
Public Schools State law
SFWMD District
SFWMD Everglades Cons\.
Ci of Delray Beach
of Delray Beach Debt
s\!l~:l'Q'J~1i;
12,138.70
2,050.19
153.30
146.09
4,173.98
2,618.99
17,075.39
1,015.79
1,039.70
9,835.42
21,120.36
2,265.34
379.45
3.198999 DELETE
0.540301 DELETE
0.040400 DELETE
0.038500
1.099999
0.690201
4.500000
0.267698
0.274000
2.591999
5.566000
0.597001
0.00
0.00
0.00
0.038500
1.099999
0.690201
4.500000
0.267698
0.274000
2.591999
5.566000
0.597001
0.099999
7.466100
0.533900
II:
. Total tax millage in the county is 19.505098 mills while in the city the total millage is 23.725398
mills. Therefore the difference is 4.220221 mills.
The current yearly ad valorem taxes are $74,013. With annexation the yearly ad valorem taxes
will be $90,026.76, (74,013+16013.76=90,026.76); a tax difference of $16,013.76
(3,794,531x4.220221/1000=16,013.76). In addition to property taxes, the following Non Ad
Valorem fiscal responsibility will apply:
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the buildings, parking areas, etc. For non-residential units the assessment fee
is calculated using the following formula (# sq.ft. of impervious area 68,327/2,502) X
$54)/1,000=1,474.68). As the property contains a nonresidential use, this assessment would be
imposed in the amount of approximately $1,474.68. A further increase based upon new
Planning and Zoning Board Sl teport: Meeting of 07/18105
Valero Gas Station, Watkins Truck Tenmlnal, Public Storage Facility
Annexation, FLUM Amendment with Inmal Zoning of GC and SAD
Page 10
impervious surfaces will be realized with future developmenVredevelopment of the site. A 25%
discount from the assessment is available since the properly is within the Lake Worth Drainage
District. An additional 25% is also available as drainage is retained on site.
Occupational License Fees - The gas station, public storage facility and truck terminal have an
occupational license. With the annexation, these facilities must obtain an occupational license
from the City, in addition to the County's license. The City license fee is $142.
Solid Waste Authority - The Military Trail annexation areas are serviced under a new contract
by Waste Management (pursuant to a contract awarded October 1, 2003). City's contract is
currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a) . if a parly
has an exclusive franchise which is in effect for at least six months prior to the initiation of an
annexation, the franchise may continue to provide such services to the annexed area for five
years or the remainder of the franchise term whichever is shorter". As the waste provider is
currently the same this annexation will have no impact. For non-residential units the assessment
fee for solid waste collection is calculated using the following formula (# sq.ft. of impervious area
68,327*$17.09)/1,000=$1,167.70).
Resulting Impacts to Property Owners:
AD VALOREM TAXES 2005
City Mills. County Mills
23.7254 19.50518 =
NON AD VALOREM TAXES 2005
Stormwater Assessment
Solid Waste Collection
WATER & SEWER UTILITY FEES
ANNUAL FINANCIAL IMPACT:
+ $16,013.76
4.2203
$1,474.68
$1,167.71
$0.00
+ $18,656.15
Emergency Medical
Services EMS
Police
+
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes (Ci )."
Faster response from an estimated 5.5
minutes (Coun to 2.5 minutes (Ci .
Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 atroll cars durin the ni hI.
Pro-active vs reactive opportunity to work
with ro e owners.
Fire Response
+
+
Code Enforcement
+
FiscallmDacts to the Cltv: At the 2004/2005 City operating mileage of 7.4661 mills and debt
rate of 0.5339 mills, the properly will generate approximately $16,014.06 in new ad valorem
taxes per year. Additional revenues will be realized through increased assessment value, the
annual collection of the storm water assessment fee as well as utility taxes (9.5% electric, 7%
telephone) and franchise fees on electric, telephone, and cable.
Planning and Zoning Board Staff, ,.ort: Meeting of 07/18/05
Valero Gas Station, Watkins Truck terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 11
AD VALOREM TAXES 2005
City of Delray Beach (7.4661 Mills) $28,330.35
Cih1 of Delrav Beach Debt (0.5339 Mills) $2,025.90
SUB-TOTAL . $30,356.25
NON-AD VALOREM TAXES
Storm Water Utilitv (# sq.ft. of imoervious areal2,502) X $54) $1,474.68
SUB-TOTAL $31,830.93
PARK AND RECREATION IMPACT FEE
$500 oer dwelling $0.00
TOTAL $31,830.93
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LOR were previously discussed under the
"Future Land Use Map Amendment Analysis' section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings
are discussed below.
The proposed City zoning designation is GC (General Commercial) and SAD (Special Activities
District) while the current County zoning designation is CG/SE (Commercial General/Special
Exception).
The surrounding zoning designations are: County AR (Agricultural Residential) to the west; City
RM (Residential Medium Density) and POC (Planned Office Center) to the east; County RS
(Single Family Residential) to the north and a portion of the south; and County AR (Agricultural
Residential) and City AC (Automotive Commercial) to the south.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objectives and policies are noted:
Policv B-3.2 - Water and sewer facilities may be provided to unincorporated areas by the
City, upon demand, in a manner consistent with Policies of the City. The provision of
water facilities shall be accompanied by an agreement to voluntary annex upon eligibility
unless the property is already eligible in which case, annexation shall precede the
provision of service.
This annexation is consistent with this policy as well as the City Commission policy relating to
annexation of contiguous properties if City services are required. This request is also consistent
with Future Land Use Policy A-1.7 which has been previously discussed.
REQUIRED FINDINGS: (Chapter 3)
Previously discussed under Land Use section of this report
Planning and Zoning Board St leport: Meeting of 07/18105
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 12
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
CONSISTENCY: Compliance with the performance standards set forth in LDR Section
3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), shall be the basis upon
which a finding of overall consistency Is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making a finding of overall
consistency.
Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously
discussed under the Future Land Use Map Amendment and Zoning analysis sections of
this report.
Section 3.2.2 (Standards for RezoninG Actions): Standard "A", "B", "C", and "E" are not
applicable with respect to this rezoning request. The only applicable performance
standard of Section 3.2.2 is as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The initial GC and SAD zoning designations will allow the existing facilities to continue
to operate. It is noted, that south of the subject property has a City land Use
Designation of CG (Commercial General) and is zoned AC (Automotive Commercial).
The property is developed and contains a tire store and automobile repair facility (Tire
Kingdom) which is consistent with the type uses of the subject property (Public Self
Storage facility, Watkins Truck Terminal, and Valero Gas Station). Staff is
recommending that although the adjacent development pattern to the west, and south
of the subject property consists of AR (Agricultural Residential) and RS (residential
Single Family) to the north a rezoning of GC (General Commercial) and SAD (Special
Activities District) are appropriate. This rezoning will maintain consistency with the
development pattern south of the subject property and will avoid creating non-
conforming uses that have been in operation since December 11, 1984 (Public
Storage facility), August 19, 1971 (Watkins Motor Lines - Truck Terminal), and
September 29,1981 (Valero Gas Station).
Section 2.4.5 (D) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LOR Section 2.4.5(0) (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought. These reasons
include the following:
(a) That the zoning had previously been changed, or was originally established, in
error;
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
Planning and Zoning Board Staffort: Meeting of 07118105
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 13
(c) That the requested zoning Is of similar intensity as allowed under the Future
Land Use Map and that it. is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicant is applying for annexation of this property into the City and the annexation
requires that an appropriate City zoning designations be applied. The GC (General
Commercial) and SAD (Special Activities District) zoning are appropriate as they are
consistent with the County CG/SE (Commercial GeneraVSpecial Exception).
The subject properties are not in an area that requires review by the Community Redevelopment
Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
On June 29, 2005 the Palm Beach County Planning Division was notified of the City's intent to
annex this property. To date no reply has been received.
Lake Worth Drainaae District:
On June 29, 2005 Lake Worth Drainage District was notified of the City's intent to annex this
property.
IPARC Notice:
On June 28, 2005, notice of the Future Land Use Amendment has also been provided to the
Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to
adjacent municipalities. No objections have been received.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Jerry Franciosa, PROD (Progressive Residents of Delray)
o Carolyn Zimmerman, Presidents Council
o Frances Chassen
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Additional letters of support or objection, if any, will be presented at the Planning and
Zoning Board meeting.
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and service area. The application of initial zoning
designations of GC and SAD are consistent with existing land uses and the existing County
zoning (CG/SE) for this property.
Planning and Zoning Board SI o. leport: Meeting of 07/18/05
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 14
The annexation will provide with better Police, Fire, EMS and Code Enforcement services. The
property will experience a slight increase in ad valorem taxes. The City will receive additional
revenue from property taxes, in addition to stonn water assessment fees, utility taxes, franchise
fees, and licensing fees. The total immediate revenue increase is approximately $31,830.93, a
year. Based upon the above, the proposed Annexation, Future Land Use Map Amendment and
associated Rezoning application should be approved.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the voluntary annexation,
FLUM Amendment from County CH-8 to General Commercial (GC) in part and Transitional
(TRN) in part, and the initial zoning designation of General Commercial (GC) in part and
Special Activities District (SAD) in part, for the subject property, by adopting the findings of
fact and law contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0)
(5), 3.1.1 and 3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the voluntary annexation,
FLUM Amendment from CH-8 to General Commercial (GC) in part and Transitional (TRN) in
part, and the initial zoning designation of General Commercial (GC) in part and Special
Activities District (SAD) in part, for the subject property, by adopting the findings of fact and
law contained in the staff report, and finding that the request and approval thereof is not
consistent with the Comprehensive Plan nor meets the criteria set forth in Sections 2.4.5(0)
(5), 3.1.1 and 3.2.2 of the Land Development Regulations, subject to the following condition:
. ',' .-;'--",~_ --<_.;~-.',,"~,,~i~ ,-~ a>",,-.-;~-_ ..,< -.', -__~_.~':-,,;,/ - ,_._.,'. _ ,,,:.,- -,_;!~~;1!;Ji1t~',.:_:.-_-",- -
Move a recommendation of approval to the City Commission for the voluntary annexation, FLUM
Amendment of:
o Parcel 1 - Public Storage Facility: FLUM amendment from County CH-8 (Commercial High
. with an Underlying High Residential, 8 du/ac) to City
TRN (Transitional) and rezoning from County CG/SE
(Commercial General Special Exception) to City SAD
(Special Activities District).
o Parcel 2 - Watkins Truck Terminal: FLUM amendment from County CH-8 (Commercial High
with an Underlying High Residential, 8 du/ac) to City
TRN (Transitional) and rezoning from County CG/SE
(Commercial General Special Exception) to City SAD
(Special Activities District).
o Parcel 3 - Valero Gas Station:
FLUM amendment from County CH-8 (Commercial High
with an Underlying High Residential, 8 du/ac) to City GC
(General Commercial) and rezoning from County CG/SE
(Commercial General/Special Exception) to City General
Commercial (GC).
Planning and Zoning Board Staff ,ort: Meeting of 07/18/05
Valero Gas Station, Watkins Truck terminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 15
by adopting the findings of fact and law contained in the staff report, and finding that the request
is consistent with the Comprehensive Plan, and does meet the criteria set forth in Sections
2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments: Location Map
Staff Report Prepared by: Estelio Breto, Senior Planner
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FLUM FROM: CH-8 (COMMERCIAL HIGH WITH AN UNDERLYING HIGH RESIDENTIAL) TO CITY GC (GENERAL COMMERCIAL)
CITY OF DELRAY BEACH, FL
PLANNING &; ZONING DEPARTMENT
REZONING; FROM CGjSE (COMMERCIAL GENERAL SPECIAL EXCEPTION) TO GC (GENERAL COMMERCIAL)
.EJ WATKINS MOTOR LINES AND PUBLIC SELF STORAGE FACILITY
fLUM FROM: CH-B (COMMEROAl HIGH WITH AN UNDERLYING HIGH RESlDENl1Al) TO CITY TRN (TRANSIl10NAl)
REZONING: FROM CG/SE (COMMERCIAL GENERAL SPECIAL EXCEPTION) TO SAD (SPECIAL ACTIVITIES DISTRICT)
-- DIGITAL BASE MAP SYSTEM --