10-10-89 Regular
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
October 10, 1989
7 P.M.
AGENDA
Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Regular Meeting minutes of September 12, 1989 and
September 26, 1989.
6. Proclamations:
A. Call for Election - General Obligation Bond Issue- November
7, 1989.
7. Presentation:
A. Resolution No. 72-89: A
commending Sergeant Robert Schiller
the City of Delray Beach.
Resolution recognizing and
for 24 years of service to
PUBLIC HEARINGS
8. ORDINANCE NO. 63-89: An Ordinance amending the Code of
Ordinances to provide for parking in the Holiday Inn North parking lot
by permit. City Manager recommends approval.
9. ORDINANCE NO. 64-89: An Ordinance for the rezoning of the
property owned by Bill Wallace Dealership located on the northwest
corner of Linton Boulevard and S.W. 10th Avenue, if extended northward
from POC (Planned Office Center) to S.C. (Specialized Commercial).
City Manager and Planning and Zoning Board recommend approval.
10. ORDINANCE NO. 65-89: An Ordinance for the rezoning of the
property owned by Bill Wallace located on the northwest corner of
Linton Boulevard and S.W. 10th Avenue, if extended northward from R1A
(Residential) to S.C. (Specialized Commercial). City Manager and
Planning and Zoning Board recommend approval.
PUBLIC COMMENTS
11. Comments and Inquiries on Non-Agenda Items from the Public.
FIRST READINGS
12. ORDINANCE NO. 55-89: An Ordinance for the voluntary annexation
of the South County Professional Center located on the east side of
Military Trail approximately 1,000 feet south of Linton Boulevard with
an initial City zoning of POC (Planned Office Center). City Manager
Agenda
Meeting of 10/10/89
and Planning and Zoning Board recommend approval. If passed public
hearing November 14th.
13. ORDINANCE NO. 56-89: An Ordinance amending the Zoning Code to
permit Bed and Breakfast Inns as conditional uses in RM (Residential
Medium), RM-6 and RM-10 (Residential- Medium to High), RH (Residential
High), RO (Residential Office), CBD (Central Business District), and
GC (General Commercial) zoning designations. City Manager and
Planning and Zoning Board recommend approval. If passed public hearing
October 24th.
14. ORDINANCE NO. 70-89: An Ordinance designating property located
at 610 North Ocean Boulevard (Ocean Apple Estates) as a Local Historic
Site. The Historic Preservation Board and City Manager recommend
approval. If passed public hearing October 24th.
REGULAR AGENDA
15. APPOINTMENT OF A
Appoint a member to fill
March 15, 1991.
MEMBER TO THE HUMAN RELATIONS COMMITTEE:
the unexpired term of Joseph Valentino ending
16. APPOINTMENT OF MEMBER TO
recommendation from the Education
member.
THE EDUCATION BOARD: Consider
Board to appointment the seventh
17. DENIAL OF SETTLEMENT
of $130,000 from Bob Currie
Delray Beach and Palm Beach
Manager recommend denial.
OFFER: Deny settlement offer in the amount
to settle the Currie etal. vs. City of
County case. City Attorney and City
17A. DENIAL OF SETTLEMENT OFFER: Deny offer to settle
Equipment and Elgin Manufacturer in the amount of $15,000
of Delray Beach vs. Mason Equipment and Elgin Manufacturer
Attorney, Risk Manager, and City Manager recommend dertial.
from Mason
in the City
case. City
18. RE UEST FOR EXPENDITURE FROM LAW ENFORCEMENT TRUST FUNDS:
Consider request from the Police Department to expend 5,340 from the
Law Enforcement Trust Fund to purchase first aid kits, fire
extinguishers, flares, disposable blankets and traffic accident
investigation materials for 40 patrol vehicles in accordance with
accreditation standards. City Manager recommends approval.
19. WAIVER OF SOLICITATION PERMIT FEE: Consider request from the
Arthritis Foundation for waiver of the $300 solicitation permit fee.
City Manager recommends approval.
20. WAIVER OF SITE PLAN AND CONDITIONAL USE FEES: Consider request
from the Drug Abuse Foundation of Palm Beach County, Inc. to waiver
fees associated with site plan review, conditional use approval,
variances, and future land use applications for a proposed full
service drug abuse prevention and treatment campus. City Manager
recommends approval.
21. WAIVER OF POLICY: Consider waiving eligibility criteria to
permit a property located outside of the normal CDBG target area to
qualify for assistance through the Community Development Block Grant
Housing Rehabilitation program. The property is located at 240 N.E.
20th Street. City Manager recommends approval.
22. WAIVER OF RIGHT-OF-WAY DEDICATION: Consider request from Old
Harbor Plaza to waiver dedication of right-of-way for an expanded
intersection at Federal Highway and Linton Boulevard. City Manager
and Planning and Zoning Board recommend denial.
23. CONDITIONAL USE MAJOR MODIFICATION: Consider request from Bill
Wallace Ford for a major modification to their approved conditional
use to add an additional 5.8 acres to the existing 15 plus acre
Wallace Automobile Dealership complex on Linton Boulevard between
Wallace Drive (Germantown Road) and S.W. 10th Avenue extended north.
-2-
Agenda
Meeting of 10/10/89
City Manager and Planning and Zoning recommend approval.
24. REALLOCATION
architecural service
the original City
changes.
OF
to
Hall
CITY HALL SPACE: Consider
redesign office space previously
expansion plan and approve
additional
allocated in
construction
CONSENT AGENDA
25. AUTHORIZATION TO SUBMIT A GRANT APPLICATION TO THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT: Authorize submission of a grant
application to HUD for funding to develop a local Youth Sports Club.
This is a 50/50 grant match with the City's portion of funding coming
for unused FY88-89 Housing Rehabilitation Grant Funds. City Manager
recommends approval.
26. REQUEST TO HOLD CARNIVAL: Consider request from the American
Legion Post #188 to hold a Carnival from November 20- 26, 1989 at S.W.
8th Avenue and S.W. 10th Street, south of the Delray Beach Cemetery.
City Manager recommends approval.
27. TEMPORARY TENT PERMIT: Consider request from Delray Beach
Sunrise Kiwanis to erect a temporary tent from October 20, 1989 to
November 5, 1989 and from November 25, 1989 to January 2, 1990 on the
corner of N.E. 5th Avenue and S.E. 10th Street (adjacent to the former
Bill Wallace Nissan) for the purpose of selling pumpkins and Christmas
trees. City Manager recommends approval.
28. CHANGE ORDER NO. 1 ATLANTIC AVENUE BEAUTIFICATION PHASE II:
Approve Change Order increasing the contract price by $50,417.04 to
allow project to meet FDOT requirements, correct architect oversights
in bid prepartion, and revise design.
29. RESOLUTION NO. 73-89: A Resolution for the abandonment of
.03 feet of a City Alley located on the west side 0f Swinton Avenue
between S.W. 3rd Street and S.W. 4th Street.
30. RESOLUTION NO. 74-89:
action required to remove
Boulevard Chatelaine.
A Resolution assessing costs for abatement
an unsafe building on property at 3530
31. RESOLUTION NO. 75-89: A Resolution encouraging Citizen
participation in the planning process of the Comprehensive Plan
process, including future amendments and evaluation and appraisal
reporting.
32. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
-3-
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
October 10, 1989
7 P.M.
ADDENDUM
Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
THE CONSENT AGENDA IS AMENDED TO INCLUDE:
31A. RESOLUTION NO. 76-89: A Resolution setting the term of the bond
issue not to exceed 20 years.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA REPORT - MEETING OF OCTOBER 10, 1989
DATE: October 6, 1989
PUBLIC HEARINGS
Item No. 8 (Ordinance No. 63-89). This is a Second Reading of an
Ordinance amending the Code of Ordinances to provide the option to
either purchase a permit or use the parking meter when parking in the
Holiday Inn North parking lot. This option is currently in affect at
Anchor Park and Sandoway Park. This item follows direction received
at your September 5th workshop.
Recommend approval of Ordinance 63-89.
Item No.9 (Ordinance No. 64-89). This
Ordinance for the rezoning property owned
the northwest corner of Linton Boulevard
extended northward from POC (Planned
(Specialized Commercial).
The 2.572 acre parcel consists of eight lots and 50 feet of previously
abandoned right-of-way (Princess Boulevard). This parcel attained the
POC zoning designation via a code change which eliminated the POI
designation. Mr. Wallace is proposing to expand the existing Nissan
and Subaru dealerships. There are no unusual aspects to this request.
It is consistent with the current and proposed Comprehensive Plan and
with policy statements dealing with the location of automobile related
uses.
is a Second Reading of an
by Bill Wallace located on
and S.W. 10th Avenue, if
Office Center) to S.C.
The Planning and ,Zoning Board at it's September 18th meeting recommend
approval. A detailed staff report is available for review in the City
Manager's Office.
Recommend approval of Ordinance No. 64-89.
Item No. 10 (Ordinance No. 65-89). This is
Ordinance for the rezoning property owned by
the northwest corner of Linton Boulevard and
extended northward from R1A (Residential)
Commercial) .
a Second Reading of an
Bill Wallace located on
S.W. 10th Avenue, if
to S.C. (Specialized
The 2.867 acre site consists of 10 lots fronting on both sides of
Queens Avenue. Two lots contain vacant single family dwellings, while
the balance is vacant. Queens Avenue right-of-way is included in the
rezoning request and is being abandoned by a separate application
which should be before you on October 24th. There are no unusual
aspects to this request. It is consistent with the current and
proposed Comprehensive Plan and with pOlicy statements dealing with
the location of automobile related uses.
The Planning and Zoning Board at it's September 18th meeting recommend
approval. A detailed staff report is available for review in the City
Manager's Office.
Recommend approval of Ordinance No. 65-89.
FIRST READINGS
Item No. 12 (Ordinance No. 55-89). This is
Ordinance for the voluntary annexation
Professional Center located on the east
a
of
side
First
the
of
Reading of an
South County
Military Trail
AGENDA REPORT
Meeting of 10/10/89
approximately 1,000 feet south of Linton Boulevard with an initial
City zoning of POC (Planned Offic.e Center).
This 10 acre parcel is partially developed and is known as the South
County Professional Center. The development which has occurred was
tied to a water service agreement which contained the standard
annexation clause. This property was made contiguous to the City by
the annexation of the Linton (Delray Manor) A.C.L.F. annexation. The
existing development did not go through the City's site plan review
process, however it will be necessary for the vacant eastern portion
of the site to have formal site plan approval prior to additional
construction.
The Planning and Zoning Board at it's
approval of the annexation. A detailed
review in the City Manager's Office.
Recommend approval of Ordinance No. 55-89.
August 21st meeting recommend
staff report is available for
Item No. 13 (Ordinance No. 56-89). This is a First Reading of an
Ordinance amending the Zoning Code to permit Bed and Breakfast Inns as
conditional uses in the Old School Square Historic District with the
following zoning designations: RM (Residential Medium), RM-6 and RM-10
(Residential- Medium to High), RH (Residential High), RO (Residential
Office), CBD (Central Business District), and GC (General Commercial).
This Ordinance has been revised to reflect direction given at your
October 3rd workshop meeting and includes provisions restricting
meals and number of restroom facilities; allowing use of existing
structures which have been restored to Historic architectural
standards; deleting the reference to signing and requiring the
property owner to live on the premises. Notice of consideration was
provided to the Historic Preservation Board, Beach Property Owners
Association and other interested parties.
The Planning and Zoning Board at
approval. A deta~led staff report
Manager's Office.
it's August 21st meeting recommended
is available for review in the City
Recommend approval of Ordinance No. 56-89.
Item No. 14 (Ordinance No. 70-89). This is a First Reading of an
Ordinance designating property located at 610 North Ocean Boulevard
(Ocean Apple Estates) as a Local Historic Site. The owner of this
property has requested that this property be designated as a Local
Historic Site. The combined property is 2.5 acres both landward and
seaward on AlA. It is improved with a two bedroom Cape Code bungalow
style beach cottage, garage, swimming pool and three guest cottages.
The house is historically significant in that it was initially owned
by Fontaine Fox, a world-famous cartoonist and was designed by Florida
architect John Volk.
The Historic Preservation Board at its September 15th meeting accepted
the nomination report and at a Special Board meeting on September 20th
recommended approval with conditions. In addition the Ordinance
contains a sunset provision which stipulates that the ordinance shall
expire if three specific variances are not approved by the Historic
Preservation Board within 60 days of the effect date. A detailed
staff report is attached as backup for this item.
Recommend approval of Ordinance No. 70-89.
REGULAR AGENDA
- 2 -
AGENDA REPORT
Meeting of 10/10/89
Item No. 15 Appointment of a Member to the Human Relations Committee.
Joseph Valentino resigned his seat on the Human Relations Committee
effective October 2nd. This item is for appointment of a member to
fill his unexpired term ending March 15, 1991. The appointments to
this Board are made by seat number and therefore the nomination
belongs to Commissioner Weatherspoon.
Recommend appointment of a member to the Human Relations Committee to
a term ending March 15, 1991.
Item No. 16 Appointment of a Member to the Education Board. On July
11th the Commission approved appointment of seven members to the newly
formed Education Board, subsequently one member, Reverend Hayes,
resigned from the Board. This request is to appoint a member to fill
the vacancy created by that resignation. The Board is recommending
the appointment of either Cynthia Gracey or Alice Finst.
Recommend appointment of a member to the Education Board.
Item No. 17 Denial of Settlement Offer. Bob Currie is offering to
settle the litigation pending against the City and the County in
return for $130,000 from each. As you may recall, following an
adverse jury verdict in this case, the trial judge entered an Order,
both on its own motion and in response to the City's motion, which
overturned completely the jury's verdict and ordered a new trial in
this matter. The Plaintiffs have lodged an appeal of this decision
with the Fourth District Court of Appeals of Florida, and the City and
County have cross-appealed on other matters. Due to our position on
the facts of this case, as well as the provisions contained in the
sovereign immunity legislation, the City Attorney's office recommends
that this settlement offer be rejected.
Recommend denial of settlement offer in the Currie etal. vs. the City
of Delray Beach and Palm Beach County.
Item No. 17A Denial of Settlement Offer. Mason Equipment and Elgin
Manuafacturer has made an offer of settlement in the amount of
$15,000. This is a case involving City initiated litigation with
regard to a street sweeper which burned up. We have estimated our
costs to be over $90,000. The City Attorney's Office and Risk Manager
were in mediation today, a detailed memo will be forwarded for your
information prior to Tuesday evenings meeting.
Recommend denial of settlement offer in the City of Delray Beach vs.
Mason Eguipment and Elgin Manufacturer case.
Item No. 18 Request for Expenditure from Law Enforcement Trust Funds.
The Police Department is requesting $5,340 from the Law Enforcement
Trust Fund to purchase first aid kits, fire extinguishers, flares,
disposable blankets and traffic accident investigation materials for
40 patrol vehicles. These purchases are necessary in order to comply
with with accreditation standards.
Recommend a roval of ex enditure from the Law Enforcement Trust Fund
in the amount of 5 340.
Item No. 19 Waiver of Solicitation Permit Fee. Peter Phelphs, Jr.,
Executive Director of the Arthritis Foundation is requesting a waiver
of the $300 solicitation permit fee. This action is consistent with
previous Commission action regarding fee waivers for non-profit
charitable organizations.
Recommend approval of waiver of solicitation permit fee for the
Arthritis Foundation.
- 3 -
AGENDA REPORT
Meeting of 10/10/89
Item No. 20 Waiver of Site Plan and Conditional Use Fees. Claudia
Sweeney, President of the Drug Abuse Foundation of Palm Beach County,
Inc. is requesting a waiver of all fees associated with site plan
review, conditional use approval, variances and future land use
applications for a proposed full service drug abuse prevention and
treatment campus to be located on Swinton Avenue and S.W. 4th Street.
Approval of these waivers would amount to approximately $1,000.
Additionally, this request is only for land use items, and does not
include building permits. Previously, the Commission waived the
rezoning fee for this agency.
Recommend waiver of fees associated with site plan review, conditional
use approval, variances, and future land use application which pertain
to the Drug Abuse Foundation site at Swinton and S.W. 4th Street.
Item No. 21 Waiver of Policy. We received a referral from HUD
regarding a homeowner who had written to Congressman. Johnston
requesting assistance in obtaining help to repair her home located at
240 N.E. 20th Street. Staff has done an initial inspection on this
property and have determined that it does require rehabilitation. In
order to proceed, a waiver to policy must be provided by the
Commission as this property is located outside of the normal CDBG
target area.
Recommend approval of waiver of
property located outside of the
gualify for CDBG funding.
Item No. 22 Waiver of Right-of-way Dedication. Knight Enterprises is
requesting a waiver of the requirement for dedication of right-of-way
for the Old Harbor Plaza project. They are currently in the
processing of replatting this property to create a separate parcel for
a service station. During the preliminary review process, the
Planning and Zoning Board recommended approval, contingent upon
receipt of verification from the County that no additional
right-of-way was needed. SUbsequently, the County determined that an
additional right-of-way dedication was necessary. Knight Enterprises
feels that this requirement will have a detrimental affect on the
existing property.
eligibility criteria to allow a
City'S normal CDBG target area to
The Planning and Zoning Board has not specifically considered this
waiver request. It did however require confirmation from the County
as a condition of preliminary plat approval. Staff is recommending
that this request be denied pursuant to the County's Thoroughfare
Plan.
Recommend consideration of reguest for waiver of right-of-way
dedication from Knight Enterprises.
Item No. 23 Conditional Use- Major Modification. Bill Wallace is
requesting a major modification to the approved conditional use to add
an additional 5.8 acres to the existing 15 plus acre Wallace
Automobile Dealership complex on Linton Boulevard between Wallace
Drive (Germantown Road) and S.W. 10th Avenue extended north.
The Planning and Zoning Board at it's September 18th meeting recommend
approval subject to the following conditions:
A. Design the east boundary as reflected on the sketch plan and
as desired by the applicant;
B. Lighting along S.W. 10th Avenue be confined on-site with a
maximum of 40 foot candles;
C. Improvements to S.W. 10th Avenue will be phased corresponding
- 4 -
AGENDA REPORT
Meeting of 10/10/89
with availability of the entire 50 feet of required right-of-way,
and;
D. Information regarding adequacy of employee parking to be
provided with the site plan review submission.
A detailed staff report is available for review in the City Manager's
Office.
Recommend approval of a maior modification to the conditional use for
the Bill Wallace Automobile Dealership complex.
Item No. 24 Re-allocation of City Hall Space. This request is for
approval of additional architectural service to redesign office space
previously allocated in the original City Hall expansion plan. During
initial planning, space was allocated in the former Planning Offices
for Data Processing. Re-evaluation of space needs have revealed that
the Data Processing function requires more space than originally
allocated. Additional revisions will need to be accomplished as the
reallocated space takes a portion of the offices designated for Signs
and Licenses. Tentatively we have determined the costs of these
changes both for architectural fees and construction to be
approximately $40,000. A change order is currently being prepared and
will be presented for ratification at your October 24th meeting.
Recommend approval of re-allocation of space in City Hall,costs for
additional architectural services and construction changes.
CONSENT AGENDA
Item No. 25 Authorization to Submit a Grant Application to the
Department of Housing and Urban Development. This is a 50/50 matching
grant program which would be used to establish positive activities
geared to reducing the drug problems in urban areas. Specifically the
monies will be used to establish a Carver Estates Baton and Drill
Team, Carver Estates Gymnastics Team and the Carver Estates Ocean
Awareness Club. In addition funding will also be used to upgrade the
existing softball field in that area. The programs will be organized
through our Parks and Recreation Department. Funding is available in
the 1988-89 Housing Rehabilitation account which may be applied to
meeting our portion of the grant match.
Recommend approval of authorization to submit a re~uest for funding to
HUD to develop a local Youth Sports Club Grant pro_ram.
Item No. 26 Request to Hold Carnival. The American Legion Post #188
is requesting permission to hold a Carnival from November 20- 26, 1989
at S.W. 8th Avenue and S.W. 10th Street, south of the Delray Beach
Cemetery. All proceeds from this event will be used to renovate the
American Legion Post on N.W. 8th Avenue.
Recommend approval of reguest from the American Legion Post #188,
to hold a carnival from November 20-26, 1989.
Item No. 27 Temporary Tent Permit. The Delray Beach Sunrise Kiwanis
is requesting a permit to erect a temporary tent from October 20, 1989
to November 5, 1989 and from November 25, 1989 to January 2, 1990 on
the corner of N.E. 5th Avenue and S.E. 10th Street (adjacent to the
former Bill Wallace Nissan) for the purpose of selling pumpkins and
Christmas trees. Proceeds, in part, to benefit charitable
organizations. This request is similar to previously approved
Commission actions.
Recommend approval of temporary tent permit for Sunrise Kiwanis.
- 5 -
AGENDA REPORT
Meeting of 10/10/89
Item No. 28 Change Order No. 1 Atlantic Avenue Beautification Phase
II. This Change Order represents an increasing in contract price of
$50,417.04 and is necessary to meet FDOT requirements, correct
architect oversights in bid preparation, and to revise the design.
FDOT required the replacement of PVC road crossing with ductile iron
pipes for irrigation ($8,883.03) and electrical ($8,042.37). The DDA
requested the replacement of 20" banner arms, installed during Phase
I, with 24" arms on street lights ($4,177.64); lowering of banner
arms installed during Phase I ($4,489); and lowering of banner arms to
be installed in Phase II ($3,465). The architect during bid
preparation overlooked the requirement for 1500 square feet concrete
bench slabs ($4,500) and 780 linear feet of concrete curbing
($11,700). In addition the design revision require 132 linear feet of
6 inch PVC roof drain ($3,960) and thermoplastic stripping ($1,200).
Recommend a roval of Chan e Order No. 1 Atlantic Avenue
Beautification Phase II in the amount of 50 417.04.
Item No. 29 (Resolution No. 73-89) A Resolution for the abandonment
of .03 feet of a City Alley located on the west side of Swinton Avenue
between S.W. 3rd Street and S.W. 4th Street. The owner's of the
property located at 332 S. Swinton Avenue are currently trying to
obtain a title to sell their property. They have a garage which
encroaches .03 feet into a City alley and are requesting that the City
abandon that portion of the alley upon which the encroachment occurs.
Staff has reviewed this request and recommends approval.
Recommend approval of abandonment of .03 feet of a City alley located
adiacent to property located at 332 S. Swinton Avenue.
Item No. 30 (Resolution No. 74-89) A Resolution assessing costs for
abatement action required to remove an unsafe building on property at
3530 Boulevard Chatelaine. The Resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $631.40 remains unpaid.
Recommend approval of Resolution No. 74-89 assessing costs for abating
an unsafe building within the City.
Item No. 31 (Resolution No. 75-89) A Resolution encouraging Citizen
participation in the planning process of the Comprehensive Plan
process, including future amendments and evaluation and appraisal
reporting.
Recommend approval of Resolution No. 75-89.
Item No. 32 Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
- 6 -
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
October 10, 1989
7 P.M.
ADDENDUM
Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
THE CONSENT AGENDA IS AMENDED TO INCLUDE:
31A. RESOLUTION NO. 76-89: A Resolution setting the term of the bond
issue not to exceed 20 years.
, ,
CITY DF DELRAY BEA[H
100 N.W.1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243-7000
MEMORANDUM
TO:
Mayor and City Commission
FROM: ~~Malcolm Bird, Interim City Manager
SUBJECT: ADDENDUM TO AGENDA, OCTOBER 10, 1989
DATE: October 6, 1989
Addendum 31A, which has been added to your package is for the purpose
of refining the bond information at the request of Mudge Rose.
The change is in the area of the length of the proposed bonds, the
language in each caption will be revised to read as follows: "Bonds
shall be issued for a period not to exceed 20 years" vice 30 years as
is in the current captions, resolutions and advertising.
Appropriate changes to scheduled advertising will be made Monday.
Ballot has already been revised as has the letter which is to be mailed
by the City to all City voters.
If you have questions, please contact me.
MTB:nr
Encl
, ,
THE EFFORT ALWAYS MATTERS
n
!l
,
I
i
RESOLUTION NO. 76-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEIBAY
BEACH, FLORIDA, SUPPLEMENTING RESOIllTION NO. 70-89 BY PR0-
VIDING THAT THE GENERAL OBLIGATION BONnS FOR THE PURPOSE OF
FINANCING VARIOUS MUNICIPAL PROJECTS, TO BE SUBMITTED AT A
BOND REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY OF
DELRAY BEACH ON NOVEMBER 7, 1989, SHALL MATURE AT SUCH
TIMES NOT EXCEEDING TWENTY (20) YEARS FROM '.l11JUl{ DATES OF
ISSUANCE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Constitution, applicable laws of the state of
Florida and the City Charter of Delray Beach, Florida, authorize and
empower the city of Delray Beach, Florida (the "City"), to adopt this
Resolution; and
WHEREAS, the City Commission of Delray Beach, Florida (the
"City Commission") did, on September 26, 1989, adopt Resolution
No. 70-89 (the "Resolution") calling for a bond referendum of the
qualified electors of the city as to whether general obligation bonds
(the "BondS") should be issued for the purpose of financing the (a)
acquisition, construction, reconstruction and equipping of certain
fire facilities in the principal amount of not exceeding $5,180,000,
(b) acquisition, construction and reconstruction of certain street,
sidewalk, alley, rights of way, drainage and beautification projects
in the principal amount of not exceeding $11,207,000, (c) acquisi-
tion, construction and equipping of improvements to certain recrea-
tional and cultural facilities in the principal amount of not exceed-
ing $4,605,000, and (d) acquisition and construction of various
neighborhood improvement projects in the principal amount of not
exceeding $500,000; and
WHEREAS, the City commission determined at that time that
the Bonds should mature at such time or times not exceeding thirty
(30) years from the date or dates of issuance of said Bonds as shall
be determined by subsequent proceedings of the City commission; and
WHEREAS, the City commission hereby determines that it is
in the best economic interest of the city for the Bonds to mature at
-1-
Res. No. 76-89
such time or times not exceeding twenty (20) years from the date or
dates of issuance of said Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLIDWS:
SECTION 1. That the Bonds shall mature at such time or
times not exceeding twenty (20) years from the date or dates of issu-
ance of said Bonds. The actual maturity or maturities of the Bonds,
which in no case will exceed twenty (20) years, will be determined by
subsequent proceedings of the City commission.
SECTION 2. That this resolution shall take effect imme-
diately upon its passage.
PASSED AND ADOPTED in regular session on this lOth day of
October, 1989.
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
By:
Mayor
City Clerk
-2-
Res. No. 76-89
(tTY OF DElRAY BEA[H
WHEREAS, pursuant to the Constitution, applicable laws
of the State of Florida, the City Charter and the Code of Ordi-
nances of the City of Delray Beach, Florida, the City Commission
has by Resolution authorized a Bond Referendum to be heln on
Tuesday, the 7th day of November, 1989; and,
WHEREAS, the purpose of calling a bond referendum is to
determine whether the City shall issue General Obligation Bonds in
the aggregate principle amount of not exceeding $5,180,000.00 for
Fire Facilities Projects; not exceeding Sll ,207 ,000 .00 for the
Street, Drainage, Sidewalk, Alley, and Beautification proj ects;
not exceeding $4,605,000.00 for the Recreational and Cultural
Facilities Projects; and not exceeding $500,000.00 for the Neigh-
borhood Improvement Projects, to finance all or a portion of the
costs for such projects, including all costs incidental thereto,
and to pay the costs of issuing the Bonds,
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City
of Delray Beach, Florida, do hereby call a Special Bond Referendum
Election to be held on Tuesday, November 7, 1989, between the
hours of 7:00 A.M. and 7:00 P.M., with all Precincts and Polling
Places in the City of Delray Beach as designated by the Supervisor
of Elections for Palm Beach County, Florida, being as follows:
Precinct No.
166 & 166A
166B
l66C
170
1 71 & 17 6A
171A
172
173
174,176 &
174B
174A
175
178
179
189 & 190
POlling Place
Old School Square, 51 N. Swinton Avenue
Pines of Delray N. Clubhouse, 1641 N.W. 18th Avp.nue
Country Manor Clubhouse, 4900 Country Manors Blvd.
St. Vincent Ferrer's Church, 740 Palm Trail
Delray Community Center, 50 N.W. 1st Avenue
Fire Station #4, Corner Barwick Road and Lake Ida Rd
Pompey Park Recreation Center, 1101 N.W. 2nd Street
Carver Middle School, 301 S.W. 14th Avenue
Delray Beach Mall, Federal Highway and Linton
Boulevard
Sun Sentinel, 3333 South Congress Avenue
Delray Lions Club, 115 S.E. 4th Avenue
Boca Raton-Delray Beach Gold Coast Church of Christ,
640 Bluebird Drive
Pines of Delray Clubhouse, 2451 Black Olive Blvd
Adult Recreation Center, 801 N.E. 1st Street
All qualified electors of the City of Delray Beach,
Florida, shall be entitled to vote in such election.
IN WITNESS \olHEREOF, I have hereunto
caused the Seal of the City of Delray Beach,
affixed this 10th day of October, 1989.
SEAL
set my hand and
Florida, to be
MAY 0 R
DOAK S. CAMPBELL
~~
/"
RESOLUTION NO. 72-89
A RESOLUTION OF
BEACH, FLORIDA,
SCHILLER FOR 24
BEACH.
THE CITY COMMISSION OF THE CITY OF DELRAY
RECOGNIZING AND COMMENDING ROBERT G.
YEARS OF SERVICE TO THE CITY OF DELRAY
WHEREAS, Robert G. Schiller was hired on May 17, 1965 by the
City of Delray Beach; and,
WHEREAS, Robert G. Schiller has 'been a faithful and dedicated
"emp'loyee" tyr' .the'" Police' Department of 'the City of' Delray Beach for 24
years; and, ;
WHEREAS, Robert G. Schiller retired as a sworn Officer from the
City of Delray Beach Police Department effective October 6, 1989,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Beach,
Robert
Delray
Section 1. That the City Commission of the City of Delray
Flor~da, hereby expresses its thanks and sincere appreciation to
G. lfChiller for 24 years of dedicated service t.o the City of
Beach, and wishes him happiness in his retirement.
PASSED AND ADOPTED in regular session on this the 10th day of
October, 1989.
ATTEST:
MAY 0 R
City Clerk
'fA
ORDINANCE NO.63 -89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 71 "PARKING
REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 71.60 "PARKING
METER PERMITS. TO ADD A PARKING LOT TO PERMITTED
LOCATIONS, PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section
71.60 "Parking
Delray Beach,
follows:
1. That Chapter 71 "Parking Regulations",
Meter Permits" of the Code of Ordinances of the
Florida, be, and the same is hereby amended to
Section
City of
read as
A parking meter permit may be purchased from the City by all
'persons which shall authorize the parking of the vehicle for which
the permit was acquired in any parking meter space except those
otherwise restricted located within the Anchor Park, Sandoway Park,
and the Holiday Inn North parking lots only without requiring the
payment of money into the space's parking meter.
Section 2. That should, any section or provision of the
ordinance or any portion thereof, any paragraph, sentence or word
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as
whole or part thereof other than the part declared to be invalid.
Section 3.
October 1, 1989.
That this
ordinance shall
become effective
PASSED AND ADOPTED in regular session on second and final reading on
this ____ day of , 1989.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
<l
('RDINANCE NO. 64-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED POC (PLANNED
OFFICE CENTER) DISTRICT IN SC (SPECIALIZED
COMMERCIAL) DISTRICT; SAID LAND BEING LOTS
43, 44, 45 AND 46 (LESS THE SOUTH 23.00 FEET
THEREOF), AND ALL OF LOTS 27, 28, 29 AND 30,
SANDS 0' SEA, TOGETHER WITH THAT PART OF THE
RIGHT-OF-WAY FOR PRINCESS BOULEVARD AS SHOWN
ON THE PLAT OF SANDS O'SEA, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 21 AT PAGE
27 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE
NORTHWEST CORNER OF LINTON BOULEVARD AND S.W.
10TH AVENUE, IF EXTENDED NORTHWARD; AND
AMENDING .ZONING MAP OF DELRAY BEACH, FLORI-
DA, 1983"; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in
the City of Delray Beach, Florida, is hereby rezoned and placed
in the SC (Specialized Commercial) District as defined in Chapter
173 of the Code of Ordinances of the City of Delray Beach,
Florida, to-wit:
Lots 43, 44, 45 and 46 (less the South 23.00
feet thereof), and all of Lots 27, 28,29 and
30, SANDS O'SEA, according to the Plat
tliereof recorded in Plat Book 21 at Page 27
of the Public Records of Palm Beach County,
Florida; together with,
That part of the right-of-way for Princess
Boulevard as shown on the Plat of SANDS
O'SEA, according to the Plat thereof recorded
in Plat Book 21 at Page 27 of the Public
Records of Palm Beach County, Florida, and
abandoned by Resolution No. 93-85, described
as follows: Begin at the Northeast corner of
Lot 43 of said Plat of SANDS 0' SEA; thence
West, along the North line of Lots 43 through
46, inclusive, 400.00 feet to the Northwest
corner of said Lot 46; thence N 2 degrees 17'
53" E, 50.04 feet to the Southwest corner of
Lot 27; thence East, along the South line of
Lots 27 through 30, inclusive, 400.00 feet to
the Southeast corner of said Lot 30; thence S
2 degrees 17' 53" W, 50.04 feet to the said
Point of Beginning.
The subject property is located at the
northwest corner of Linton Boulevard and S.W.
10th Avenue, if extended northward.
The above described parcel contains a 2.572
acre parcel of land, more or less.
Section 2. That the Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Section 1 hereof.
~'
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on
final reading on this the day of
second and
, 1989.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 -
Ord. No. 64-89
ORDINANCE NO. 65-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED R-1A (SINGLE
FAMILY DWELLING) DISTRICT IN SC (SPECIALIZED
COMMERCIAL) DISTRICT; SAID LAND BEING LOTS 6
THROUGH 15, INCLUSIVE, SANDS O'SEA, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
21 AT PAGE 27 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED
NORTH OF LINTON BOULEVARD, BETWEEN S.W. 10TH
AVENUE AND GERMANTOWN ROAD; AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1983";
PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the fOllowing described property in
the City of Delray Beach, Florida, is hereby rezoned and placed
in the SC (Specialized Commercial) District as defined in Chapter
173 of the Code of Ordinances of the City of Delray Beach,
Florida, to-wit:
Lots 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15,
SANDS O'SEA, Delray Beach, Palm Beach County,
Florida, according to the Plat thereof as
recorded in Plat Book 21 at Page 27 of the
Public Records of Palm Beach County, Florida.
The subject property is located north of
Linton Boulevard, between S.W. 10th Avenue
and 'Germantown Road.
The above described parcel contains a 2.43
acre parcel of land, more or less.
Section 2. That the Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on
final reading on this the day of
second and
, 1989.
ATTEST:
MAY 0 R
City Clerk
Fi rs tReading
Second Reading
{o
C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
~~ ~~CI;{~OASSI:~~T
FRANK R. SPENCE, DIRECTOR
EVELOPMENT SERVICES GROUP
CITY MANAGER
VIA:
FROM:
ZONING
SUBJECT: MEETING OF SEPTEMBER 26, 1989
CONSIDERATION ON FIRST READING OF TWO ORDINANCES
ENACTING REZONINGS FOR EXPANSION OF WALLACE AUTO
DEALERSHIPS ALONG LINTON BOULEVARD
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of enacting ordinances for land
which is involved in a proposed expansion of the Wallace
Automobile Dealerships on Linton Boulevard.
Second reading and public hearing will be held on October
10, 1989.
One area is currently zoned POC and is located at the
intersection of Linton Boulevard and a northerly extension
of SW 10th Avenue; the other is currently zoned R-1A and is
immediately north of the POC area.
BACKGROUND:
These rezonings involve, 5.5 acres of land. It is intended that
upon finalization of the rezoning, the property will be included
in an expansion and revision of existing and proposed aspects of
the Wallace Automobile Dealerships on adjacent property. A major
modification to the existing approvals was recommended for
approval by the Planning and Zoning Board relative to this
expansion; however, that action will not be before the Commission
until the rezoning is consummated.
There are no unusual aspects to this request. It is consistent
with the current and proposed Comprehensive Plan and it is not
inconsistent with policy statements dealing with the location of
automobile related uses.
Please see the P&Z Staff Report for full background and analysis
of the item.
PLANNING AND ZONING BOARD CONSIDERATION:
At it's meeting of September 18, 1989, the Planning and Zoning
Board unanimously recommended approval of the proposed rezonings.
There was no public comment.
RECOMMENDED ACTION:
By motion, based upon the findings made by
Zoning Board, approve the enacting ordinances
and set a public hearing date of October 10,
reading.
the Planning and
on first reading
1989, for second
Attachments:
face sheet of P&Z staff report
map of the areas to be rezoned
9~ \0
r-lLANN I NG 8
CITY OF OELRAY
JNING BOARD
BEACH
STAFF REPORT
MEETING ~TE: SeDtember 18, 1989
AG~ ITEM:
III. A
ITEM:
nin fromPOC and R-1A to
Linton Boulevard at S.W. 10th
'~I
GENERAL DATA:
L ~.
~ .:
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;"V~ ~
\<'.l(\
~
:c
,
S.C. (Wallace Dealerships)
Avenue Extende .
along Lint,
"
,
...
.'
~.
.
..... ..
..~.,..-, o."'w._
OWner...........................W1111.. L. W.ll.e.. Pr..1d.nt
Wallace Ford, Inc. And Wallace
Dodve, Inc.
"gent....................... .. ........ .................. .Mich..l S. Weiner, Esq.
Loc.t1on........................NOrthwe.t corn.r ot Linton Blvd.
.nd S.W. 10th Av... it .xt.nded
northward.
Property S1.....................5.44 Acr.. 1236.'75 Sq.tt.)
Ex.l.t1nv Lend U.. Pl.n..........c (connerC.l.11
Proposed Lend Us. Pl.n..........Gen.r.l Commerc1.l
(Compr.h.n.1ve Pl.n)
EX1st1nv Zon1nv........~........POC (Pl.nned Ott1ce C.nter) .nd
. R-IA (S1nVl.'FAII1ly Dwe111nv
\ Dietr1ctl
~
Proposed Zon1nv.................Sc (Spec1.l1.ed Commerc1.1)
Adj.cent Zon1n9.................NOrth .nd we.t of the SUbject
property i. loned sc. South 1.
zoned GC (General CommerCial) and
e.st 1. zoned RM-lS (Multlple~
Fam11y Dwell1n9 D1str1ct).
EX1Sting Land Use...............v.c.nt land
Proposed Land use...............AUtomobl1. DealerShip
w.ter Serv1ce................... EXloUn9 10" ...In located 010n9
the SOUth 81d. of Linton BlVd.
and an existing 10" m.in &lon;
the east side ot Germantown Road.
Sewer Servlce...................EX1st1n9 '" mains loc.ted West of
the subject property and a force
main exists on.site 410nq Oueens
Ave.
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~1oC1 I
ORDINANCE NO. 55-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING
IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST,
PALM BEACH COUNTY, FLORIDA, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND IS LOCATED ON THE EAST SIDE OF
MILITARY TRAIL, APPROXIMATELY 1,000 FEET SOUTH
OF LINTON BOULEVARD; REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR
THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID-
ING FOR THE ZONING THEREOF TO POC (PLANNED
OFFICE CENTER) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, SCPC Builders, Inc. is the fee simple owner of
the West 685 feet of the South Half (S 1/2) of the South Half (S
1/2) of the Northwest Quarter (NW 1/4) of the Northwest Quarter
(NW 1/4) of Section 25, Township 46 South, Range 42 East, Palm
Beach County, Florida (LESS the right-of-way for Military Trail);
and,
WHEREAS, Military Trail Investors, Ltd. is the fee
simple owner of the South Half (S 1/2) of the South Half (S 1/2)
of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW
1/4) of Section 25, Township 46 South, Range 42 East, Palm Beach
County, Florida (LESS the West 685.00 feet thereof); and,
WHEREAS, the fee simple owners as hereinabove named
have requested by their petitions to have the property hereinaf-
ter described annexed into the municipal limits of the City of
Delray Beach; and,
WHEREAS, the subject property hereinafter described is
now contiguous to the corporate limits of the City of Delray
Beach, thus making said petitions for annexation effective at
this time; and,
WHEREAS, the designation of a zoning classification is
part of the annexation proceeding, and provi s ions 0 f Ci ty Code
Section 173.886 have been followed in establishing the proposed
zoning designation; and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of
the Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of
DelrayBeach, Palm Beach County, Florida, hereby annexes to said
City the following described lands located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
The West 685 feet of the South Half (S 1/2) of
the South Half (S 1/2) of the Northwest Quarter
(NW 1/4) of the Northwest Quarter (NW 1/4) of
Section 25, Township 46 South, Range 42 East,
Palm Beach County, Florida (LESS the
right-of-way for Military Trail); together with,
I~
The South Half (S 1/2) of the South Half (S 1/2)
of the Northwest Quarter (NW 1/4) of the North-
west Quarter (NW 1/4) of Section 25, Township 46
South, Range 42 East, Palm Beach County, Florida
(LESS the West 685.00 feet thereof).
The subject property is located on the east
of Military Trail, approximately 1,000
south of Linton Boulevard.
side
feet
The above described parcel contains 10.04
of land, more or less.
acres
Section 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach,
Florida.
Section 3. That Section 173.886 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District POC (Planned Office
Center) as defined by existing ordinances of the City of Delray
Beach, Florida.
Section 4. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens,
of the City of Delray Beach.
Section 5. That this annexation of the subject proper-
ty, including adjacent roads, alleys, or the like, if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 6. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 7. 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 8. 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 , 1989.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
- 2 -
Ord. No. 55-89
C I T Y
COM MIS S ION
DOCUMENTATION
TO:
ROBERT A. BARCINS , ASSISTANT CITY MANAGER
~~a:CE' IRECTOR
DEVELOPMENT SERVICES GROUP
VIA:
~ ~ ~0QU-
DA ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: MEETING OF SEPTEMBER 12, 1989
FIRST READING ORDINANCE 55 -89
ANNEXATION OF THE SOUTH COUNTY PROFESSIONAL CENTER
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commisison is that of
approval . on first reading of an ordinance which
will annex property located on the east side of Military
Trail, south of Linton with initial zoning P.O.C.
If approved, a pUblic hearing would be advertised for
October 10, 1989.
BACKGROUND:
This 10 acre parcel is partially developed and is known as the
South County Professional Center. The development which has
occured was tied to a water service agreement which contained the
standard annexation clause.
At the time 'the Linton (Delray) Manor A.C.L.F. annexation
ocurred, the P&Z Board provided a directive to annex contiguous
properties which were bound to annexation by a water service
agreement. We have now gotten to that item.
The existing development did not go through the City's site plan
review process; thus, the site plan has no vested status with the
City. It will be necessary for the eastern portion of the site
to have formal site plan approval prior to additional
construction. The only item which may have a negative impact
upon site development pertains to a requirement for accommOdating
the location of a collector street along the east property
boundary. The agent and owner are aware of this situation.
Please see the full P&Z staff report for a full project analysis.
PLANNING AND ZONING BOARD CONSIDERATION:
At it's meeting of August 21, 1989. the Planning and Zoning Board
forwarded the item with a unaminous recommendation of approval.
The agent (Bob
contents of the
approval.
Basehart) was
staff report.
present and acknOWledged the
There were no conditions of
To: Robert A. BaL_inski, Assistant City Man~~er
Re: First Reading Ordinance~ -89
Annexation of the South County Professional Center
Page 2
RECOMMENDED ACTION:
By motion, approval of Ordinance 55-89 on first reading and set
October 10, 1989, as a public hearing date for consideration of
second reading.
Attachment:
Cover sheet from theP&Z Staff Report of August 21, 1989
Ordinance prepared by others
A full P&Z staff report is available in the City
Manager's Office
REF/DJK#5l/CCPROFAX.TXT
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bLHNNING &
CITY OF OELRAY
ZONING BOARD
BEACH
MEETING ~TE: August 21. 1989
STAFF REPORT
AG~ ITEM:
III-A
ITEM: Annexation of South County Professional Center
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DATA:
Owner.........................w..t portion ot property i. a condominium with
vario~. own.rs, ea.t portion i. owned by Military
Trail Inv..tment, Inc. I... attached lilt)
~qent.........................Robert Ba.ehart, Urban O..iqn St~dio
Loc.tion......................!... .ide ot Milit.ry Tr.ll .pproxima.ely 1,000
feet .outh ot Linton Boulevard
Property Size................ .10.04 Acre.
County Land Vse Plan..........L-M/C (Low-Medium Residential/Commercial Potential
Exl.tlnq City Land Use Plan...Medical In.titutlon~l
Proposed City Land Us. Plan...Transitional
Exiltinq County Zoninq........CS (Speci.lized Commerci.l)
Propoled City Zoninq..........POC (Pl.nned Ottice Center)
Adjacent Zoninq...............NOrth il zoned City MOl (M.dical ottice and
Institutional Di.trict). East and .0Uth are zoned
County RT I Relidential Tran'itlonal). We.t i,
zoned County RS (Sinqle Fomily Relidentiol) .nd
City GC (General Commercial).
&xiltinq Land Vse.............w..t.rn half; Office condominium
' Eastern half; vacant
Propo,ed Land Use.............Exl.tinq 60,701 square feet qross lea.able office
space, plus proposed 50,548 square teet qrol.
le..Able AreA ITotal . 111,249 ql.)
Water Service. '" ............Exlstinq 12" line down the east side ot Military
Trail and existin; service linel on site
Sewer Service ................Exiltinq torce main on the welt lid. of Military
Trail which cros.es and services the South County
Mental Health Center and the Subject property
ITEM :77T' - f
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29 September 1989
CITY OF DELRAY BEACH
DEPARTMENT OF PLANNING AND ZONING
100 N.W. FIRST AVENUE
DELRAY BEACH, FL 33444
ATTN: MR. DAVID KOVACS, DIRECTOR
RE: ANNEXATION OF SOUTH COUNTY PROFESSIONAL CENTER
Dear Mr. Kovacs:
Pursuant to my meeting with Mr. Weedon of your office, please
accept this letter as a statement of our understanding regarding
the above referenced project which is subject to a request for
voluntary annexation into the City of Delray Beach. Two points
which were raised during the processing of this application have
been cleared and we wish to make our understanding of these
points part of the official record of this annexation.
The first point is that since this project was previously
approved as a PLanned Commercial Development by Palm Beach
County, the traffic generated by this project is considered
vested under the County's Traffic Performance Standards and that
neither the annexation process or the subsequent site plan review
will change this vested status, nor will the City's imminent
adoption of the Countywide Traffic Performance Standards require
a re-visitation of the project's traffic generation or impacts.
The second point is that the question of an additional right-of-
way taking along the easterly property line will be a function of
the site plan review process and is not being made a part of the
annexation procedure. Your staff's preliminary review of the
conceptual site plan indicates that even if it is ultimately
decided to require more right-of-way, this may have a minimal
effect, if any, on the proposed layout of the site and that this'
issue is appropriately handled at the site plan review level.
I would like to thank you and your staff for your assistance and
consideration of these issues. If you have any questions or need
more information, olease don't hesitate to contact me or this
office. .
Sincerely,
~UL ~~/-
Russell C. Scott, AS LA
Project ~anager, Agent
U","n
DooIgn
Studio
Urban Pfenning
LandlCaptl Archlteeture
o..phtG Dntgn
CC: Allan G1uckstern
81:15032.10 1
2000 """" Beach Woo_.
Suu 600 Tho Corcou...
...... PIlm Beach, FIonda
3340H582
407,_0066
81\11II, FL 407,283.0022
Nowpo<t Beach, CA 714,&02,'099,
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ORDINANCE NO. 56-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII,
"LAND USAGE", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
CHAPTER 173, "ZONING CODE", "GENERAL PROVI-
SIONS", SECTION 173.001, "DEFINITIONS", BY
ENACTING A NEW SUBSECTION "BED AND BREAKFAST
INN" TO PROVIDE A DEFINITION FOR SAID USE; BY
FURTHER AMENDING SECTION 173.001, "DEFINITIONS",
BY REPEALING SUBSECTION "BOARDING AND ROOMING
HOUSES" IN ITS ENTIRETY; BY FURTHER AMENDING
SECTION 173.001, "DEFINITIONS", BY REPEALING
SUBSECTION "GUEST HOUSE" IN ITS ENTIRETY; AND
AMENDING CHAPTER 1 7 3 , "ZONING CODE", "s PECIAL
USE REQUIREMENTS", BY ENACTING A NEW SECTION
173.0625, "BED AND BREAKFAST INNS", TO PROVIDE,
IN ADDITION TO REQUIREMENTS OF THE UNDERLYING
ZONE DISTRICT, CERTAIN SPECIAL USE REQUIREMENTS
RELATIVE TO PARKING, COMMON AREA, NUMBER AND
CHARACTER OF RENTAL ROOMS, RESTRICTIONS ON USE
AND EMPLOYEES, AND RESTRICTIONS TO SPECIFIC
HISTORIC DISTRICTS; AND AMENDING CHAPTER 173,
"ZONING CODE", "RM-6 MULTIPLE FAMILY DWELLING
DISTRICT", SECTION 1 7 3 .14 2, "CONDITIONAL USES",
BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO
SECTION 173.0625" AS A CONDITIONAL USE; AND
AMENDING CHAPTER 173, "ZONING CODE", "RM MEDIUM
TO MEDIUM HIGH DENSITY DWELLING DISTRICT" ,
SECTION 173.162, "CONDITIONAL USES", BY ADDING
"BED AND BREAKFAST INNS, SUBJECT TO SECTION
173.0625" AS A CONDITIONAL USEl AND AMENDING
CHAPTER 173, "ZONING CODE", "RM-10 MULTIPLE
FAMILY DWELLING DISTRICT", SECTION 173.182,
"CONDITIONAL USES", BY ADDING "BED AND BREAKFAST
INNS, SUBJECT TO SECTION 173.0625" AS A
CONDITIONAL USE; AND AMENDING CHAPTER 173,
"ZONING CODE", "RH MEDIUM HIGH TO HIGH DENSITY
DWELLING DISTRICT", SECTION 173.202, "CONDITION-
AL USES", BY ADDING "BED AND BREAKFAST INNS,
SUBJECT TO SECTION 1 7 3.6025" AS A CONDITIONAL
USE; AND AMENDING CHAPTER 1 7 3, "ZONING CODE",
"RO RESIDENTIAL OFFICE DISTRICT", SECTION
173.392, "CONDITIONAL USES", BY ADDING "BED AND
BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS
A CONDITIONAL USE; AND AMENDING CHAPTER 173,
"ZONING CODE", "GC GENERAL COMMERCIAL DISTRICT",
SECTION 173.472, "CONDITIONAL USES" BY ADDING
"BED AND BREAKFAST INNS, SUBJECT TO SECTION
1 7 3 . 0 6 2 5" AS A CONDITIONAL USE; AND AMENDING
CHAPTER 1 73, "ZONING CODE", "CBD CENTRAL BUSI-
NESS DISTRICT", SECTION 173.527, "CONDITIONAL
USES" BY ADDING "BED AND BREAKFAST INNS, SUBJECT
TO SECTION 173.0625" AS A CONDITIONAL USE;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", "General Provisions", Section 173.001, "Defini-
tions", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended by enacting a new
subsection, "Bed and Breakfast Inn", to read as follows:
\~
"BED AND BREAKFAST INN." A structure in which
there is provided furnished rooms for rent to
nonpermanent residents. No provisions may be
made for cooking in any individual room, but
provisions must be made to provide breakfast for
guests in a central dining room.
Section 2. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", "General Provisions", Section 173.001, "Defini-
tions", subsection "Boarding And Rooming Houses", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby repealed in its entirety.
Section 3. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", "General Provisions", Section 173.00i, "Defini-
tions", subsection "Guest House", of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby
repealed in its entirety.
Section 4. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", "Special Use Requirements", of the Code of Ordi-
nances of the City of Delray Beach, Florida, be, and the same is
hereby amended by enacting a new Section 173.0625, "Bed and
Breakfast Inns", to read as follows:
Sec. 173.0625. BED AND BREAKFAST INNS.
In addition to the requirements of the underly-
ing zone district, other applicable general
regulations, parking regulations, and special
conditions imposed through the conditional use
process, the following requirements shall apply
to Bed and Breakfast Inns:
(A) Parking. One (1) parking space shall be
provided for the manager/owner and one (1)
parking space shall be provided for each
guest room.
(B) Common Area. Within each Bed and Breakfast
Inn, a common area must be provided for a
central dining area and for, at least, one
(1) reading/discussion/living room.
(C) Number and Character of Rental Rooms.
A Bed and Breakfast Inn may be established
only in a structure which is restored and
maintained to historic architectural
standards. A Certificate of
Appropriateness granted by the Historic
Preservation Board shall suffice as
compliance with the above requirement.
There shall be no cooking facilities or
food storage facilities in any rental room.
Rental rooms do not have to contain bath-
room facilities.
The number of bedrooms and bathrooms
provided shall be as existed when the
structure was originally constructed,
including additions, unless modifications
are necessary to comply with Building,
Fire, and/or Health codes.
- 2 -
Ord. No. 56-89
(D) Restrictions on Use and Employees. Meals
shall be served only to the manager and/or
owner, and nonpaying, bona fide guests of
the manager and/or owner. Breakfast shall
be the only meal provided for paying guests
who are using the facility overnight and
their guests.
The maximum stay for each individual who is
using the facility shall be fourteen (14)
consecutive days and not more than fourteen
(14) days during any thirty (30) day
period. A guest book which accurately
identi fies all customers for each night's
lodging shall be maintained by the owner
and/or manager.
No more than one (1) nonresident person may
be employed in the management and adminis-
tration of the facilities on-s i te. This
restriction excludes maintenance and
cleaning personnel.
The owner of the property upon the Bed and
Breakfast Inn is sited must reside in the
Inn or elsewhere upon the premises.
(E) Restricted to Specific Historic Districts.
A Bed and Breakfast Inn may be established
only within an existing structure which is
located within the Old School Square
'Historic District.
Section 5. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", "RM-6 Multiple Family Dwelling District", Section
173.142, "Conditional Uses", of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended
by adding the following as a conditional use:
Bed and Breakfast Inns, subject to Section
173.0625.
Section 6. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", "RM Medium to Medium High Density Dwelling Dis-
trict", Section 173.162, "Conditional Uses", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby amended by adding the following as a conditional use:
Bed and Breakfast Inns, subject to Section
173.0625.
Section 7. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", "RM-10 Multiple Family Dwelling District", Section
173.182, "Conditional Uses", of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended
by adding the fOllowing as a conditional use:
Bed and Breakfast Inns, subject to Section
173.0625.
Section 8. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", "RH Medium High to High Density Dwelling Dis-
trict", Section 173.202, "Conditional Uses", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby amended by adding the following as a conditional use:
Bed and Breakfast Inns, subject to Section
173.0625.
- 3 -
Ord. No. 56-89
Section 9. That Title XVII, "Land Usage", Chap~er 173,
"Zoning Code", "RO Residential Office District", Section 173.392,
"Conditional Uses", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended by
adding the fOllowing as a conditional use:
Bed and Breakfast Inns, subject to Section
173.0625.
Section 10. That Title XVII, "Land Usage",
173, "Zoning Code", "GC General Commercial District",
173.472, "Conditional Uses", of the Code of Ordinances
City of Delray Beach, Florida, be, and the same is hereby
by adding the following as a conditional use:
Chapter
Section
of the
amended
Bed and Breakfast Inns, subject to Section
173.0625.
Section 11. That Title XVII, "Land Usage",
173, "Zoning Code", "CBD Central Business District",
173.527, "Conditional Uses", of the Code of Ordinances
City of Delray Beach, Florida, be, and the same is hereby
by adding the following as a conditional use:
Bed and Breakfast Inns, subject to Section
173.0625.
Chapter
Section
of the
amended
Section 12. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 13. 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 14. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on
final reading on this the day of
second and
, 1989.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 4 -
Ord. No. 56-89
TO:
CITY COMMISSION DOCUMENTATION
ROBERT A. BARCINSK27 ASSISTANT CITY MANAGER
~. /? ~. <<-
THROUGH: FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
C~r,~ j \L~-.lQJ~,~
AVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: CITY COMMISSION MEETING OF OCTOBER 10, 1989
SUPPLEMENTAL DOCUMENTATION RE ORDINANCE 56-89
Ordinance 56-89 is before the Commission for first reading. The
ordinance has been revised pursuant to direction from the
Commission at its worksession of October 3rd. The fOllowing
points have been accommodated:
*
*
limitation on meals to breakfast only
applicable only within the Old School Square Historic
District
allowable only within an existing structure which has
been restored and maintained to Historic Architectural
Standards
the number of bedrooms and bathrooms to be as "existed"
in the original construction with legal additions
the property owner must reside on premises
deletion of reference to signing.
*
*
*
*
By limiting the use as stated above some other changes have
occurred. These include:
1. removing the limitation of nine (9) rooms;
2. elimination of the special findings section since each
use would require a Certificate of Appropriateness to
be granted by the Historic Preservation Board.
Per further direction from the Commission, I have examined the
letter from the Chamber of Commerce and the minutes from Historic
Preservation Board meetings. The following is provided as to how
the revised ordinance relates to the their concerns.
Re: Chamber of Commerce
*
the ordinance still does not require minimum floor
areas -- however, this concern may be mitigated in
that the use "<\\l.st-be a structure which is restored and
maintained to Historic Architectural Standards;
*
the concern with further dividing of existing rooms
should also be mitigated as per the above;
*
floor area requirements (found in the residential zone
districts) pertain to living units -- a room does not
qualify as a living unit; thus they do not apply.
*
the ordinance still does not specify a minimum number
of bathrooms; further, a requirement for additional
bathrooms may go contrary to the intent to have the
structure restored to its original condition;
*
the number of meals which may be served for a fee has
been reduced to only breakfast.
I believe that the changes directed by the City Commission
accommodate the overriding concern of the Chamber that the
ordinance "could easily encompass boarding houses".
City Commission Do~umentation
Supplemental Documentation
Re Ordinance 56-89
Page 2
Re: Historic Preservation Board:
* Desire that the use be allowed in the Old School Square
and Marina Historic Districts and in "locally
designated historic houses located outside the historic
districts"-- the ordinance accommodates it only in the
Old School Square District.
* That bed and breakfast inns be allowed as "permitted"
uses -- the ordinance provides that they be allowed
only as "conditional uses" thus keeping the final
determination with the City Commission and requiring
notice to adjacent property owners and a public
hearing. Please note that the HPB position on this
matter is apparently different based upon discussions
with members and the minutes of its August 18th
meeting.
* that only breakfast be served -- this is accommodated.
Finally, the following represents
and negative aspects of
code amendment.
a brief comment on the positive
proceeding with the proposed
Beneficial Aspects:
In general. allowing the use of bed and breakfast provides wha-t-.
is referred to as an "adaptive reuse" which allows an economic
return to be made on an investment in a structure which otherwise
would be under-utilized and perhaps deteriorate. The classic
example of this is the option of:
a) having a large, old home divided into two dwelling
units and rented out to two families with an absentee
owner and management by a firm; or,
b) investment in upgrading the structure and operating it
as a business enterprise with the physical features
subj ect to compliance with approved plans and, hence,
subject to code enforcement compliance.
Other benefits include:
*
providing an option in the lodging business by having
available a more personal type of lodging, the ability
to share conversation with other guests, and for the
traveller to be able to "live" a day or two as a
resident of a community -- this type of accommodation
is appealing to several travellers;
*
providing the ability to accommodate travellers without
requiring the use (motel) to be developed in the
conventional style i.e. in a commercial area, parking
lots, lighting, etc and have the facility function
within a "neighborhood" or community context;
*
allowing a use which may have a "spin-off" for other
investments i.e. bed and breakfast inns provide a
clientele for established restaurant in the
"neighborhood" or community area and may provide a
clientele for certain special uses. This is more apt
to happen w\t~<\; the Inn is associated with a historic
district as is the case with the revised ordinance.
City Commission Documentation
Supplemental Documentation
Re Ordinance 56-89
Page 3
Neqative Aspects:
The negative aspects of allowing bed and breakfast inns in the
City is not so much of what they "are" as opposed to what they
"could be". Such concerns are well mitigated in the revised
ordinance. In general such concerns include:
* that the facility will become a "rooming house" or a
"boarding house"
*
that a structure will simply be
commercial use without concurrent
property and provision of parking.
converted to a
upgrading of the
*
that a property will become too intensely
is no limitation upon the number of
corresponding requirement for other use
common rooms and bathrooms).
used if
room~
areas
there
or a
(e.g.
* that it will provide very low cost housing which will
introduce inappropriate persons into a residential
area.
Given the context of the revised ordinance, none of the above
concerns will occur.
Additional information:
Attached are copies of the Chamber of Commerce letter and
information from the Historic Preservation Board.
Also attached is information from "The American Bed and Breakfast
Association" and two other articles which discuss this matter.
As one reads this material, they will see that there are many
perspectives and approaches which can be taken; tho~ set forth in
the revised ordinance a~ quite conservative and safe. However,
if the concept begins to expand to other areas (e.g. non-historic
si tes or single family zoning districts) or if some of the
requirements (e.g. owner occupied, restoration) are lessened, it
would be appropriate to undertake a more thorough evaluation of
the matter and provide a more comprehensive approach. The
Planning Department has some "guides" which can be followed.
Attachments:
*
*
*
Chamber of Commerce letter of September 21st
Information from the Historic Preservation Board
The American Bed & Breakfast Association information
REF/DJK#5l/CCBNB2.TXT
.-.
GREATER OELRAY BEACH CHAMBER OF COMMERCE
64 SOUTHEAST FFTH AVENUE - TELEPHONE 278-0424 _ OELRAY BEACH. FLORIDA 33483
September 21, 1989
Ms. Mary McCarty, Vice Kayor
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, FL 33444
Dear Ms. MCCarty:
The Executive Committee of the Delray Beach Chamber of COmmerce has
strong concerns over the proposed bed and breakfast ordinance
currently under your consideration.
The proposed ordinance permits bed and breakfast inns as a
conditional use in seven (7) zoning districts: RM-6, RM, RM-l0, RH,
RO, GC, and CBD. It permits up to 9 furnished rooms to be rented
with meals, for up to 14 days in a 30 day period. Meals may be
served to individuals who are using the facility overnight, the
manager and/or owner, and nonpaying, bonafide guests.
The basic concept of the ordinance is admirable, but there are
flaws in its technical aspects. The ordinance does not require
minimum floor areas for the rooms; existing rooms could be divided
since rooms need not contain bathrooms. Also, the floor
requirements for the zoning categories cannot be applied because
they vary and CG and CBD do not have any. The ordinance does not
specify the number ot bathrooms required; technically, one bathroom
could suftice nine rooms. The ordinance also permits three meals
a day for guests. In short, in the very best of situations, the
ordinance provides for bed and breakfast inns, but it could also
easily encompass boarding houses.
The proposed ordinance needs more study and a redraft. The City
will benefit from a good bed and breakfast ordinance, particularly
in the Old School Square Historical District, but will suffer if
this one is approved.
Sincerely,
}.-r4,/'
" ~~--I
Bi 11 Hai{;;d :'
President, Delray Beach
Chamber of Commerce
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The American Bed ~ Breukfast Association
- 0' _'1(1110. U2!11. W.uh,nlllon. ()('.. :lOfl:!O (70~ U7-IJ777
ZONING CONSIDeRATIONS ~OR PRIVATI HOMIS AND OTHeR
ESTAILISHMeNTS O~~IRING lED 5 IRI!AK~AST CUEST SIRVICIS
Due to the r.ld dev....~ fit the bed 5 br..k'.. IocIglng c:DnCllpt In Narth
A..rlea. -y -. and Ioal .genc... .re tlndlng It ..,...01. to CIIft.ldor
pnwllilona 'or ....,r'ng ru.nabl. OV....lgftt fit 151 .ctlvltles. Th. A....fc:an
led & I....kt..t A_fatlon .upport. th" -'fort end I. pluNd to report th.
.uch Pl'Wllilon. NY. b..-. .ucceu'u1ly developed In ..."y =-unltloa acra.. tho
United St....
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~
MOd planner. Md _'I/ng fltf~l. wol=- Int_.1on thet will help t'- deal
Int..llgently wlUl thl. -nowa phofl_ona ana _ orpnl..1on I. happy to
pnwlde .....tance. Th. A_lean loG 5 Iruk'ut A.aoa.Uon act. .. a
d....lnghou.. 'or In'_atlon an bed 5 bruk'ut In North A...lca. I t II.
....,.. .. a national tl'1ldo organlatlon ,.. provla... fit 8&1 (bod & br..k'ut)
.ervlcoa. Our _be,.. repr"'nt al_. ',000 851 1C-1 ~datlon. throughout tho ~
U .S.A. . w... . In Canada and Mexico. '::::;:I
WhU. the -_ant h.. received CIIft,'aonol. publIcity, It I, noc yet rudUy
und...tooc:l by tho gen..a' pUblic. Imported to North A_lea '1"lIlII Grut 8rltaln
wtw-o It h.. b..-. a popu'" lodging altornatlvo 'or onr hll' . century, 8&8
USA-Stylo hu takan an ... now direction, which .ust be understood by those
who .,.. rosponsiblo ,.. doto".'nlng what regul.lons, " any, ...1 appllcabl..
MAJOR ISSUI
Th. .'ngl. -.at .pore.". con ;t to understana .. thet tho t_ "bod ,
br..k'.st- Is being UMd to a.crlbo th.... dlftoront typo, fit lodging:
1. TrHltlonol 1'1 In prlv.. tto... In which the '-_n.. tak.. 1ft _.Ion.'
guest Inllo. fit renting to a board.. 'Of' . duration fit t.o. (No"..lIy
d..sltlod .. a cust_ary holM occupation.)
...
Z. ~....... PrlW.. ~rllla and hlltor'c buildings convortod to _01' 858 Inn. Ind
guoatt-II. - ca..orcIa. lodging KCOlIImodatlons In which tho .tr\lCCur. I. usocl
prlm.,.Uy 'Of' llualnol, purSulta rather than .. a r..'doneo.
3. Hoc..s which d'.. brulctut...
e.A 8 /pne away from /pJ.,
.
" ",
PlIg. 2
TRADITIONAL UB
~lIn.ty-flv. pe..cent at ou.. ...od.tJon ......IIc. memb.... ".p.....nt the
t..lIdltlon.' fOI"lll at bed , b....kf..t In p..lv.t. hom.. ..h.... the following points
hold t/"u.:
1. Aceammod.tlon. .... In the prlv.t. ....,d.nc. at the" ho.t who IIv.. on the
p.._I... and pe...o~lIy Int....et. with the gu..t by helping h'm b.cam. b.tt...
lIcqu.alnted with the com..unlty - providing .uch ho.plt.,lty .. would b. rtfo..ded
lIny hou..gu..t. The hen. Is u'ed p..ima..Uy .as . .....d.nc. with gu..ts tllk.n in
on lIn occa.lon.' b..I..
)
2. Ho.t honI.. .... 10000ted In R-1 n.lghbo..hoocI. - the l....eI of gu..t lICtlvltl..
doe. not-hav. .ny lIPP...clabl. .ff.et on the day-to-d.y OP....tlon at .
"esldenti.1 nelghbo..hood.
3. Although th... hom.. m.y have mo... th.n on. gu..t I'OClIII .v.iIabl.. th.y
.eldom h.v.mo... th.n on. gu..t 0.. f_lIy .t .ny glv.n tlm.. In f.ct. B'B
hom.. on . natlon.1 .cal. av....ge only 3 gu..t. pe.. month.
It. Although ho.t. ...c.lv. c:ornp."..t1on fo.. th.l.. '.l"Vlc... total .nnual
....ning. .e1dOlll ..... In .xc... of $1.000. Th. ho.t'. p..lm...y motlv. I. pl...u...
in .h...lng hi. hOlll. .nd COIll..unlty .nd . d.. I... to b..olld.n f..l.ndahlp. by t.king
in lIn occa.lonal gue.t.
5. Ho.t. obt.ln any necuNrY HOllIe OCC\lpatlon h..mlt .as ".qI,li..ed by thel.. 10cllI
0.. county .utho..ltl...
T"lIdltlona/ B'B .ctlvlty .pp..I. to ho.ts .nd gu.sts who .njoy . p...son to
p....on int....etlon .t the gr... roots lev.'. It .Iso .pp..ls to . growing
number of com..unlt... for It. potentl.1 to .ttract tourl.t doll....s without
,..qul..lng I....... caplt.1 outl.ys for COIllm.rc'" IocIglng (.cllltl... Th...
com..unltl.. .... finding thet citizen. .r. ..or. IIk.ly to ,uppo..t tou..'." when
th.y h.v. . ....11 st.ke In It. thM " tourist. .... ...ga..d.d only .as an
Ineanven I.nce.
~ -
B'S In private L .. I. . unique cancept. It needs to be c:a..efully nurtu..ed by
st.t. .nd local atrIdals so that Its .ppeal Is not lo.t In ....d t.p...
P..oblems .rls. whM . ...gul.tory body lumps .11 B'Ss togeth.r In . slngl.
pack.g.. Th. t.ndency Is .omatlm.s to ...gard 8&S In p"lv.t. homes .. . '
eamm...cl.1 opentlon .nd ...gul.te It .ccordlngly. Thl. pl.ces Imposslbl.
. dem.nds on the homeowner who only wl.h.s to t.ke occ.slonal gu.sts In his home
.and (or which he will ..lIC.lv.. .t bat.' no more than hobby-l.v.1 in~m..
.
~
Page 3
Traditional BIB In private hom.. .hould not be CDn'U'ed with CD_..clal
ventur.. .uch .. BIB Inn.. Inn. and gue.thOllle. are commercial lodging
'acllltle. 01 varying .Ize. whiCh have recently adopted the "bed , break,..t"
title. Th. primary 101M of the .tructure or building I. to generate a bu.lne..
profit through providing gu..t accommodation. on a 'ull-tlm. ba.I.. S_e have
.. ,- as thr.. or four guest r_.. but molt range In "1. 'r_ .,. to f"t..n
gue.t room.. The _ner mayor may not IIv. on the pr..I.... Frequently, in
~dltlon to '.rvlng breakf..t. Inn. offer oth.r Ill.... a. w.n. M." Mrvlce I.
IIk..y to be open to walk-In CU.tOlll.,.. .. well .. overnight gu..tI. CCIIll".rdal
"BIB. Inn. ar. .ub/ect to the ..... Ilc:en,'ng. In.pectlon U1d ta.atlon
requirement I .. any oth.r locIglng 'acUity whlc:tl I. Operated 'or bu.in...
purpos.. In ord.r to make a prollt I.e. hot.., lIIot.... r.lOrt., etc.
COMMERCIAL Bn INNS
SUMMARY
Proper OV.""ght 01 bed , breakh.t activity r.qulr.. breaking BIB Into the two
specific cat.gor... defined abov. and gov..nlng th_ ICCDrdlngly. W. have
adopted the vl.w. 01 the Atn..,CU1 PIU1nlna A~,~~!.tlon (Chlcego. llIInol.) a. @
put 'orth In the October. 19..n..I..u. 01 PAS MEMO. Th.y vi.. BIB In private
home. II' a .hom. occupation. - a CDttllge Indu.try rlth.r thin I CDIII_rclal
ventur.. It r.pr...ntl "I good 1.1.. 01 large hou... which ar. no longer
approprlat. 'Of' today" smllU 'IIIIUy.. A. .uch, It .hould b. .2!!.mltt~. wl,thout ~
IIcen.lna. In.pactlOn or COIIlm.rclal taxation ......_ntl 10 long II' the I
fOllOwing crlt..ia IS m<<: '-.'- , _.. - .
-
A. MlxlmUIII number 01 gu..t. It any given tllll.: 4 (U.ually a ,..Iy)
B. MaxllBUIlI nUlllb.r t:/ gu..t "-. 'or BIB 1.1.. In the hOlll.: 3
C. Ho.t or ho.t ''''Y,lIIu.t 11v. on the pr_I....
O. Break'"t Is provided by the ho.t: no oth.r lII.al. Ir. ..rved to gu.....
E. No IIdv.rtl,'ng "gn. u. per'lllltted on the property.
F. No walk-In gu.st. ar. peneltted. All r...rvatlon. IIIU.t be 1118d. In advlnc.
of the gu..", arrlv". ,
C. Ho.tlng I. ..... only Occallonally - volin. doe. not have Iny Ippeclabl.
effect on the neighborhood.
Bed I Br.ak,..t enjoy. I great de" t:/ public attention and ,..iIlarlty on both
the Ellt Ind Welt CDIIst. of the U.S.A. However. we anticipate thlt It will take
over five YUrI of .tucly effort and cooperation with offlclll. It IU lav",
before workable 'oundltlon. can be laid that en.ure the public .ately while at
the slllle time allowing traveller. 'rMdOlll to .njoy the perlOn-t~person
interlctlon that make. stlylng It SIB aCCOllllllOdatlon. 10 d.rghtful.
-..."'...n."......_ -
.
MEMORANDUM
DATE: OCTOBER 4, 1989
TO: DAVID KOVACS, DIRECTOR PLANNING & ZONING
FROM: PAT CAYCE
SUBJECT: BED AND BREAKFASTS
The only transcribed minutes which refer to B&B's are attached.
I have looked through my notes from HPB meetings and find the
following to be the intent of the Board regarding B&B's. I
checked with Pat Healy and Clemmer Mayhew and they concur that
these findings are correct.
Originally it was thought to allow B&B's only in the Old School
Square Historic District but when the Marina District was
designated the HPB felt B&B'S might be allowed in the Marina
District's RM-10 area.
The HPB has consistently stressed that B&B's should be
only in historic districts or in locally designated
houses located outside the historic districts. If this
condition for use all signs, awnings and appropriate
appearance would have to have HPB approval
allowed
historic
became a
exterior
Your memo of 8/11/89 was discussed by the HPB and the applicable
zoning districts were acceptable, but HPB recommends that all
B&B's be given permitted use status. HPB recommends that only
breakfast be served.
HPB has relied on the guidelines for bed and breakfasts
established by the National Trust for Historic Preservation.
.
(1-/~ D //li'!L'7k/{Z
?illY' / g'7 (
16. Review of Historic Arts District for
Old Square Historic District.
Mr. Weedon stated he has approximately 60% of the
however, he needed lot size and building height.
suggested to put the above on the next agenda.
work done
Ms. Healy
17. Review of Bed and Breakfast proposal from
Planning and Zoning.
Mr. Weedon addressed the Board regarding the proposed Bed
and Breakfast amendment each Board member received.
A bed & breakfast is also commonly referred to as a "guest
house" which is defined by our code as: "A dwelling
containing rooms which are rented for the temporary care or
lOdging of transients and travelers, and advertised as such
to the general public."
Mr. Weedon stated that the proposed Bed and Breakfast is a
zoning amendment ordinance that would provide use in
districts where the use is allowed.
Mr. Nathanson asked if the Bed and Breakfast should be
included in the Old School Square district? The Board
responded Yes.
Ms. Finst questioned as to how this ordinance would apply to
Mrs. Maier, who has apartments in her building at the
current time.
ff
Mr. Weedon stated that Mrs. Maier would not be able to apply
this ordinance to her apartment building.
Original P&Z Board recommendation was that Bed and Breakfast
be allowed only as a conditional use in the following
districts RM, RH, RO, CBD, however, in order to accommodate
the use throughout the Old School Squ~re.Historic District,
it would aTso need to be allowed""1n"tlie-followlng districts:
GC, RM-6, RM-lO.
All Board Members are in favor of the proposed Bed and
Breakfast.
18. Unfinished Business
a) Ms. Healy stated that Florida Trust will pursue a joint
venture with the Board for the conference. The Florida
Trust will provide a mailing list, a discount for the
membership, they will also work with the Board regarding
suggestions for the program. Mr. Charles Wilson, Director
of the Florida Trust will be in attendance. The proposed
date is January 12, 1990.
b) Ms. Ruby informed the Board of the programs Charleston has,
where the City assist in fixing up houses. She further
stated if the Board members were interested it could be
discussed at the next meeting.
(10 )
l
.
,
NOTE AND PROPOSAL RE BED & BREAKFAST TEXT AMENDMENT
Some history:
A bed & breakfast is also commonly referred to as a "guest house"
which is defined by our code as:
"A dwelling containing rooms which are rented for the
temporary care or lodging of transients and travelers, and
advertised as such to the general public."
Our code goes on to state ... "GUEST HOUSES are prohibited".
Boarding and Rooming Houses are defined in the Code in such a
manner to be interpretable as a Bed & Breakfast. However, they
are not listed in the code as allowed uses.
In 1988, the Planning and Zoning Board addressed "Bed &
Breakfast" along with other "short-term residential uses".
The Board forwarded the matter to the City Commission; however,
at a work session on OCtober 18, 1988, the Commission sent the
proposal back to the drawing boards. During that time,
Commissioner Horenburger expressed her concerns with having
boarding or rooming houses. .
,
.:..
In June, 1989, the City Commission provided direction to prepare
a code amendment which accommodates the use of bed & breakfast.
The City Attorney has responded with a draft ordinance
(attached) . While that ordinance addresses many features of a
B&B use, it also has some deficiencies. Thus, for the purpose of
this analysis, it is used as backgrouna/reference material.
Structurinq of the code amendment: The following identifies which
code sections need to be revised.
173.001 DEFINITIONS
*
add a definition of Bed and Breakfast
*
delete definitions of "Boarding anUooming Houses" and
"Guest Houses" .... thus avoiding confusion.
,
...
The definition prev~s~y recommended by the Board was:
o IJ..
"A structure consisting of not more than nine (9) permanent,
furnished rooms for rent to nonpermanent residents. No
provisions may be made for COOking i~an individual room,
but provisions must be made to provid ea for guests in a
central dining room. A Bed and Break "may also contain
separate living facilities for a live-in manager or the
permanent residence of the owner."
Etk/4id r- AS'-
(/:ILY
'vJnA~k~ ~ &/1\, wJs
~L. .
.
, .;/'
:/
,
The City Attorney's suggested definition is:
"Any residential dwelling in which rooms are rented to
paying guests on an overnight basis with not more than one
(1) meal served daily, the entire service to be included in
one (1) stated price."
ADD to SPECIAL USE REQUIREMENTS a new subsection 173.0625:
173.0265 Bed and Breakfast Inns: In addition to the requirements
of the underlying zone district, other applicable general
regulations, parking regulations, and special conditions imposed
through the conditional use process, the fOllowing requirements
shall apply to Bed and Breakfast Inns.
O/<-(A)
Parkinq: One space shall be provided for the manager/owner
and one space shall be. provided for each guest room.
Common Area: Within each Bed and Breakfast Inn a common
area must be provided for a central dining--area; and for, at
least, one reading/discussion/living room.
.
/ (B)
OK (C)
Minimum Floor Area: The minimum floor area for any rental
room shall be as follows:
90 sq.ft. for single occupancy
120 sq. ft. for double occupancy
150 sq. ft. for greater occupancy
i!.. (D) Number and character of rental rooms: There shall be no
o more than nine (9) rooms for rent in a Bed and Breakfast
Inn. Interior structural modifications shall be such that
upon termination of a bed and breakfast use, the structure
may be readily modified .to a residential unit. There shall
be no cooking facilities or food storage facilities in any
rental room. Rental rooms do not have to contain bathroom
, r facilities.
eft /lr.-:-nS(E) Restrictions on use and e'inplovees: ~shall be served
;/only to individuals who are using the raclLlities overnight,
I Cthe manager and/or owner, and nonpaying, bona fide guests.
The maximum stay for each ,individual who is using the
r' facility shall be fourteen (14) consecutive days and not
more than fourteen days (14) during any thirty (30) day
period. A guest book which accurately identifies all
customers for each night' s lodging shall be maintained by
the owner and/or manager.
'J" No more than one (1) nonresident person may be employed in
the management of the facilities. This restriction excludes
maintenance and cleaning personnel.
- 2 -
.
r
':,:',:;:~
-.
"
yc
(
(F) Siqninq: There shall be no signing or other evidence of use
as a Bread and Breakfast Inn other than one sign not eXceed
two feet (2') by three feet (3 ') in dimensions. However,
said sign may be two faced. Illumination shall be indirect
or neon only.
(G) Special Findinqs: In addition to the standards of 173.848,
the Planning and Zoning Board and the City CommisSion must
consider and make findings regarding the following prior to
granting approval of the Conditional Use of a Bread and
Breakfast Inn:
1. The Use must be deemed compatible with the character
and Use of adjacent properties and the neighborhood
within which it is to be located.
2.
Structures within which a Bed and Breakfast Inn are
established shall be residential in character.
DETERMINATION OF APPLICABLE ZONING DISTRICTS:
-,
Original P&Z Board recOmmendation was that Bed and Breakfast be
allowed only as a conditional Use in the following districts
which preSently exist:
v' v ./
RM v RH RO CBDY
In order to accommodate the Use throughout the Old School Square
Historic District, it would also need to be allowed in the
fOllowing districts:
GCV" RM~ RM-IO. ./
.
,
.- --
Consideration could be given to includin~_15'to the list.
End of worksheet.
/
'_...-
- 3 -
.
j --.-
,. ""M""', Aloal\l8f I""
P L A N N I N G
P R A C T I C E
JIo;_
Sy Chuck Myer, AICP
Keeping Tabs on Bed and Breakfasts
An updeled version of Ihe old louri", home offers new chaUen'ft 10 local p~nn.r..
. 0 <I...rnol ,ubi."" rN'U" 01 tI,. GI,,_ ~...., ..,.......1".1" 1irnW,., (4//(0",1&
'e resurgence of ell old lna tbeir 110m.. to travel.rL
redirion haa caused _. AIld. iD Europe. privIIl homes
headaches In public _:- an'stiU commollly opelled to
egencles around /be." trlv.I.,. wh.n hot.l. are
The bed'and.br."* scarceorfllU.LIltllelilly&.var.
he classy yet homey ..., iaD Yillq. of OberlllUll'l1lu.
vel. ha. become popu!ar for example. every hOlll. be-
g sophistiQted trlvel.n, comes I bed Ind brtlkfl.t
. also rllsed some toup when th. world.flmou. PI..
ulStion. about rfl\llltiq sion Play is bein, performed.
oM IIld commerciIJ enter.
end where to drlw th.
~Iween residentill llId
,ercill development.
nental drift
:d'lnd.brelkflst idfl is
. new, Its rOOts go blck
aievll Europe and be.
...hA.... i.. ........._.... ,_....
In the United Stat... som..
thinl resemblin, the mod.m
tourist home has been I com.
mon form of 10d,in, sillc.
coloniel tim'L In this C'Dtury.
how.ver. chln,illl urb.1I
fomutook tr.vel.n off COUll'
try roacb Ind OlltO hipW8Y'o
Ind motel. sprouted up to....
plac. th. tourist bOllia.
'lbday. We're MIiD,. ravlvaI.
Bed Ind brukfllt. bav.
prOVen to be In especially via.
ble Ilternltiv. to motel. in
communities hostinl mljor
fairs, festtvlls, or sportinl
events. Over 200 referrll servo
ices now direct trlvelers to
their doors. For the most part.
.. ~J
AGATE COVE
INN
"r,",.J ,'........_.__
,
w
ninl "andpo,nt. .\1lny are nOl
even registered With muniCipal
o.encl.. Iperhap. e.ploIR,n,
why mlny hO'lS prefer to be
addressed by thear fi... neme"
In lhe list 20 years, how,
ever. lhe country hIS 1110 I.en
In influ. of lerger bed'.nd'
brflkflSl 'I\n. dUlgnea ..
commerclIl eSllblilhmenll,
and includinl up 10 I dozen or
mort room.. Allhou,h Ihe ai,..
tinction between lhe two II
hazy. one CIl\ safely say thellh,
b.d.ond.brflkful ,nn il
primlrily I blUineu. 'While lhe
trlditionll bed.and.breekfast
home is a residence lint.
An flrly example of lhe
former i. the 'Bed Ind Sr'Ok.
fast Inn: opened In Sin Fran.
ciscoin 1967 by 8oblnd.\Ilraly
.
,
i
,
I
I
~1liE'_
~
~~J~
~~ ~ii
A V1croIUA"~
BED I: BRfAJaAST
-t-
KavIMu,h. The owners pll.
temed their illllafter the bed,
and.brelkfllt inns they hid
seen in Wiles Ind Scotland.
Similar estlblishments pro,
Iiferlted in California ena
other states in the 1970s.
Coastal areo have proved! 0
be mljor sp.wning srounal
with the larllSt number of :"C\
along the Pacific COlSt . na ' ,., e
elStern selboard. partleu'J' .
in the MainelCape Cod r.~,:'
Numbers are aiso sro,"
l
.
:1
.L
R
A N
A C
N
T
I
I
N
C
G
E
sit(, aUlhor 01 B,d ~"d
"[0$1 '" rh, ,VO"h'O$1
be Pequol Pr~ss, Ch~st~r,
,.Cllcul, 19831, ~slImales
I h~ 'alai number 01 bed-
bruklut accommoda-
,n Am~ncajump~d Irom
, '0 I 0.000 belw~~n 1980
985,
w. however. there ire
ala slowdown .n Ih~
,h rlt~, K~n Torb~rr.
lag~r 01 th~ Cing~rbread
'.n F~rndal~, CalifornIa,
SIS thaI burnoul is a
One reason may be Ihe
Illon Ihal bed..nef.
O$t ploneen~xperi~nced
king new bureaucralic
I in communilies thaI
Iconc~pllonubout this
,~ 01 bUSIness.
SI.d, w~re WOrried abouI no'se.
trallic. and .undesirableacliv;.
lies.' Their pnmary lur was
.hal the Inn would be a com.
m~rclal resort hOlel. which
would have deslroy~d Ihe
resld~nlial challcler o( lhe
"~a-a quiel road (ronlin.
Lake Michigan.
Mler appeatin, al a zoning
--,"'~
~
r~:lIr~h ;:~,
: .. . .. ~
illfn....."""oI",.
~.
board mftlillf alld piUenlly
uplaininl' Ihe bed.ud.
br~akful concept. LawrencI
finally won Ihe vatiancI shl
n~~d~d. She was Ihln able 10
eompl~te remodelinllhel91Z
house and coachhoUle and cot.
'ag~ thaI conslilulethe inn: she
has $penl some '300.000 10
dale,
Convinced by Ihi. I..
perlence of lhe need to educate
local officials. Lawrlnce h.,
become actiVe iA a four.yut.
old ,roup called tile Lake to
Lake Bed.and.Brelkll.t AI.
soclAlion. wlloM membenhip
includa IIIIDY 01 Mic!lilln's
~allPrOximalely ZOO inllL Lake
to Lake bu been a domiMnt
forcl bellind proposad new
state lelislltion Ihlt would
cllrify Ihe dbtinct10n betw_
bed and breakl.,tlllld conyen.
liOMI motela and botela.
In panicular.lIIellw would A new Inlmal
liberalize fire code require. From a public pllnning stand.
m~nlS applyinllo small inns point. Ihe major concerns
and would allow mells 10 be about bed.and.breaiUast inna
prepared in kilchens Ihlt do are localion, impact. and num.
~ nOlmeetcommerci&lspecifiu. bers. Problems ollen arise
:,\/lO\\ ( REEK tions. when Ihe slructure proposed
Olher innkeepers have taken for an 1M IS In a reSidential zon.
R\\( H d 'd' So ' .
\ """,II, ~ ucallOntolmoregrass.rOOls Ing ISlrict. mecommunllles
'" or<....;; J,,, ~ level. Paull Wi1ll&ms. owner of are prepared lodeal with Ihese
- _4 .La. 1""...:..1.__ t! _ I!'lt._____~.;__.__. L .
.g furs
Ne first came to town In
f~w .\iidweslern~rs
whit a bed.and.
1st Inn wu: Sighs J~an
1C~, proprietor of the
'fa use In lakeside, are.
...n .n $outhwestern
n. 'There were only
In lhe Slate, We had to
the local people and
them abouI Our .nten.
M.,.....1.,.... H..., ",11'11_ lieu he" ......,,"' /",., . A ..
the doors of 27 skepllcal neigh.
bors 10 e.pllin the bed.and.
breakfast idea. Innkeepers
across the COunlry agree that
iI'S up to Ihe bed.and.breakfast
entrepreneurs to make sure the
local zoning board undenlallda
Ih. cODCept.
and.breakfast orcllnances was
adopled by Santi Cruz. Calilor.
nia. in 19U, It wu spurred by
a propOSl1 for an inn in a
residential ZOIll. Evenlllll1y, al.
ter 12 pubUc hatinp in (ront
of the pllDnin, commission
and Ihe city council. the Oar.
ling HoUle wu approved and
Ihe ordilllnc. adopted.
The calcb iltlllt the law so
restticlllhe number of inns ai,
lowed in residential areas. hal
no other bed.and.breakfutlnn
hiS since been appro'ed ,c
Sanla Cruz. The ordinance
limits bed.and.breaklut ,nr"
In residenlialareas 10 one eve",
1.500 feet lor three bioc <I
. .Le_L..
I
nee gOI an informal.
.y 10 open her Inn ina
Il lone. Butlhen, after
begun remodeling. a
toning board ordered
p: the neighbors. they
~
.
listed on the city's hiltoric
buildin. IUrvey. on arterial or
collector Ilreetl. withill 300
I eet of the boundary of the 101I'
in, diJtriCl. Ind I'WUteed_
to result in I net 1011 olllluld.
I amily unita.
Santi Cruz pLallll. _RIll
telll other p1annen k-" ~"..
a model ordinallce. -0..'_
ours:
Other 10urist lrea ill CaIIIar.
nil bepn to produce their OWII
ordinances II lboutllle __
time: the Nlp&lSonoma win.
COWltry. the-Mother LodeiLalle
Tlhoe arel. IlId .reater Sail
Oie.a. ProvisiolllCOYCred land
use Ind parkin.. food service.
lenllh of IlIy.safety.lIld ....en
reel Ind check-outtimes.
Pllnners Ind public officials
in other stltel hive IdOpled
-poUciewelllin.~nd
breakfast 10d.in,1 based,
"\
~~
'. ---)
F--
')
(.~Ir
~'... '..
Tit. a"" w".,.,,,,, _,IN n.., .. ./" Fon
.... ....."40 "'ilel "onlt a( .sa" '..rtftocoo,
"Olt. fo, ItIGW,,'1 SGlt.. a.o'H ,. 200......,.""...
fornil, A well.relarded ordl'
nance developed by POIO.ke"
Michilan, dist,nlulShu olur,
Iy between .moll bed Ind
breaklasls 10 use .ubordlnlte:o
lhe pnnclpll ust of a "n~I<'
famIly c!wellinll Ind :Ir;..
innl. On the .late level ,\I..n.,
re,ulations-whlCh Ire ,.
'pecled amon'lhe owners .,1
bed.and.breakfasl Inns-pro
vide uniform c/\lenolor detla
1
,,*,' U\II '........
....
1IPM.'t.lIQ1'
in. on the merits of inc!ivlc!uol
laws.
1'tpicllly, ordinances allow,
in. bed.and.brelklast .nn. In
residential districts lsome wllh
an overlay zonel requite thaI In
owner/mlna,er live on',ile
and that inn desiln be compll'
ible with Ihl ntl,hborhooa
MOlt on!wnces sel a mUI'
mlllllnumber ofroomsana reo
quire I specific number at
parkin. SfIIces. Some requare
specialllcensin., Rurll Calve..
COWlty. Mlryland. Illow. bea
IDd brukfuts wilh no more
than two rooms in all tonln~
UIUIlII:Ipl wetlands-so lor.,
IItlley are pin of I 'dwell,r,.
unit' with I resident ow ne, '.
mlnller: provIde olf,,,,..'
parkinS; operlle IlIroulh In.=
proved bed'lnd.br...""
rqiltry: Ind are Inspe".oj -.
fir. Ind bealth depa"",.r',
Lar..r illllS mUlt reque" ,=<
ciI1aceptionllrom lhe lor. -,
commission.
!led'lnd.brelkfasllobc,
say that areat stndes hI" -n
mlde inlhe lasl few....'
convincin"overnm.-' ,.'
cies to reco,nlte =<'
brukfUlIMs lsa .pec .
.asecat'lOry, 11th., "'.
in_ tk..", in wlrl'l ..
.
p
p
L
R
The (requeney Issue
The mosl eonlrovenill or.
dlnlnees Ire Ihose Ihll re.u.
lire the number o( illM dial can
exm,n ",lYen Irel. For exam.
pie. I 1983 Nlpa Counly. ~li.
fonua, ordinance IUOWin. inN
In residenlill nei,hborhoods
requited them to be 1.500 (eet
Iplrt. The Ilw Ilso requited
the 188 innl in bUlineSSltlhe
lime to Ipply (or use permits.
Mlny, (indin, thltlhey didn't
qUlli(y under thOle rules.
brou,hlSul1; othen lried to ,et
around Ihe nil.. by eliminatin.
break(ut Ind qUlli(yin, IS
',uellhouses' 'nlleld.
In responle, SIYI Jlmel
Hickey, director o( the conser.
vllion, development. Ind plan,
nin. deplrtment. the counly
hu now deCIded to rescind the
entire ordinlnce, e((ec:tively
closln. the door to any Iddi.
Ilonll bed and brelkfulS,
Some Innkeepers Ille.e that
frequency re.ulllionl are the
work o( hotellmolel 10bbyillS
who fear thll bed'lnd.
break(ut inns will cut into the
action o( the lar.er lod,ln. (I'
cllities, But Eileen t..yne o( Ih.
CalifornIa HOlellnd Motel A.
,0""lion Stl(( notel lhat ber
membership indud......y.
bed'and'brelkfulll"'~''r ..
llIlati;
HOUSE
" IliD. ""'fADMI' INN
o 10bbyin, ","inll them
would be like sllppin, our,
elves in the (Ice:
As lime goes by Ind the bed.
nd.braek(uI mlrkel becomel
lore of I known qUlnlily, con.
:rns about prOliferation .Ir.
eclin'ln" !n f:::, innkeepers
A
A
N
C
N
T
"40 _
I
I
N
C
G
E
.
"""'''', GI.,..l._J "'..,.;.. it II ""<I, ,. VI-."
in, they ar.a't evell competia,
for th. sam. market. Bed'II2d.
brel.(ut proprietora (re,
quently reler ctila to nearby
hot.1a IIId -.Ia ila pro.pec.
tiv. ,v.st i. '.e.in, more
priv.cy or more amenities
Ipholl., t.levilion. room servo
ice, tha.a typicti ill/U provIde.
Mfttm. cod..
Most bed.alla,brea.(ut or.
dinancea specify one parkin,
space per lVeatroom. plu. one
or two 'Plce. for the inn.
keeper_a requirement that
many of the illlll find difficult
to meet.
Ken 1brben ana Wendy Hit.
field o( Femdale'. Gin.erbread
House had to Ylnk OUI a
hmOric .arden to put in their
parkin. 101. 'And now nobody
rorkllllln: ..y. Torben:-
Todd Cleave of Bed and
Ind Jim Beaver o( the Chan,
ticleer 1M in Ashland. o,..on,
have had similar experiences. 1
pvt in seven new parkin.
spaces, bvt everyone still parks
on the slreet; says Clelve.
To Ivoid such problems.
Pllcervllle, California, allow.
for exceptionl i( yards or Ilnd.
oal. ~lreet <!5tatioll
:,...,
. .
Iled . htfUl
"'\-.... ----
0....... 1'tDW."..
. SClptl\& Iround' inns mvst be
.. . '
,.........". ....---.. . ~
Meetin, modern bUlldln~
Ind safely code sllndlrds IS
also difficvlt (or older strue.
tvres. a1thoulh houses built be,
(ore 1930 may qUllify ior
exemptions to the L:n,form
BWlding Code. Specific requ"e
menlS (or InStlUin. Kllehe",
and spu hive prOved e'pe
ciaUy tricky (or Innkeepers
In Orelon. for eXlmp,. .
stltewide 'traveler accom m 0
dation law' requites seplra..
kilchenund bathrooms for ,",C
employees. And in Seerlme""
Californil. after 'II' -,
received approvll u"~~'
residenlill .udes for, hIS --
the Amber House, Bill,\k:-
berwlslold that he WOe" -,
to meet commercII I ,,: ,
menu lnstud .\1:(-
fou'/II the re"'oca.!!~n , ~
yelrs, winnIng In t r. e ,-
.
.
) .,
1Il....ul~ A_1M?
I P L A N N I N G
P R A C T I C E
'..~-
The food lu"e
This January, afler yurs of reo
selrch and public meetin.s.
McOmber succeeded in .ellin.
bed and breakflSls exempted
(rom srate commercial kitchen
requiremenls. California Sen.
ale BiU 1911 defines 'reslricled
(ood service Iransient oc.
cupancy eSlablishments. lin.
cludin. bed.and.breakflSl
inns' and excuses them from
many of the lou.h slandards
previously imposed by Ihe
California U nilonn Retail Food
Facilities Law. However, local
ordinances still apply. includ.
inllhe Senra CNJ County bed.
and.brealUut ordinance. whicil
limns food sel'l/ice 10. amon.
olher thlnls. 'non-polentially
hazardous pastnes:
A SlrtCI ordinance has Sly'
mled th-.sale of an eilhl.room
Inn in Norlh Beach. Maryland.
on Chesapeake Bay, Only a
continental breakfast may be
served, accordinlto Ihe law. 'A
bed and breakfasl is not a res.
raurant:' says county clerk
Betty Freesland.
Other connlcts
Fi~codes are another aree of
conlention.
'Ourinnsarefullor- .. L-
We don'l Want .prialllle IyIo
rem.: say. Jeaa Lalllf fI iA
,\1ich'lan. Evea lit red Illit
silns deslroy an ina's ambi.
ence, adds Paula Williams,
proprietor of the Whi.tlin.
Swan in New JerWf.
An innkeeper ia CalifOrnia's
wine country spent moaths
refurbishinl a three'ltory llWl.
si,on. only 10 learn at the last
""nllle Ihatlhe state fire mar.
shal wOllldn'l allow ilsllse un.
less a hille, exterior fire escape
"'IS Inslalled,
Innkeepers report differ.
ences in Ihe level of enforce,
ment of local ordinances,
Williams says tIIen her exter.
nal improvements have never
been checked by Stanhope
officiab. while innkeepers In
AlAland. Orqon and Kenne.
bunkport. Maine. report llnan.
nounced inspections and even
~Jr'
(fUfal .AnD,
Bcd lUld Brcald'ut
~
pl"'"':Ioche. police posin. as
.U... to enforce ordinances.
Ironically. one of CalilOrnia's
mOIl notoriolls bllreallcratic
Iaywn hasn't caused bed.and.
breakfast inns ll!uch disll'esa.
Th. Coutal Commission,
which oversees developm.nt
within 1.000 yards of the sIlore.
line. hu .upported the d..
velopm.nt of iJuu thet pve th.
public acc.Slto th. coutlin..
"We had to follow their 1\Iid..
Unes on erOsion conlrol. vele.
lalion. etc,: says th. propri.tor
of th. Oarlinl House in Sanla
Cruz. .bllt baSically they didn't
pose a problem. Their .oal is to
llse existin, structllres 10 Drc-
mote 10Ilrisl.servin. activlly,
which is exaclly what we do:
History In th. "'lldn.
The history of bed.and.
breakflSt inns ia replele wilh
tal.. of their early OWners: land
barons. renowned archilects,
and even RlIssian count.. On
Ihe West COUt. Ambrose
Bierce" home is now an inn.
and th. Stoneholllllnn in Car.
m.1 boa.t. of havin. lod.ed
jack Londoa and Sinclair
Lewis. In th. Eut. the old
chestnut, 'Ceor.. Wasltin.ton
slept her.: may often be tru..
Several C&lifornia bed.and.
breakflSt inns are th. work of
not.d archit.cts. William
Weeks desi.ned Ihe Oarlinl
HOlls. (formerly th. Iliff
House, on the W.st Cliff in
Santa Cruz. The Benbow Inn in
Carberville was de.i.ned by
Albert Fur. A room in the May,
field House near tlte Lake ~.
hoe area i. named for archilect
Julia Mor.an. who was a fre.
quenl .uellthere.
lSenhnfu
;JI nn
.a_____"--
In llWly ca.... the structures
have been used for activities
other then lodpnp. SaD Fran.
cisco's Nob Hill Ian wa. oper.
ated IS a brotltel aurin. World
War II by infamou~ madam
Sally Stanford llater mayo. of
SauSllitot, Femdale'S Cin.er.
bread HOuse and Ihe Crey
Whale Inn in Fort Bral. Ire
both former ho.pitals.
ThCl f.,.f t..... t..... h...I"I";"
l
slrllctures are beln. pUI '0 r~
use IS. community benefu rn.~
muSt be welshed by eommu
nlty le.ders .nd pl.nners IN ntr:
they consider Inn .pphCJ.tlOr.1
Some Joe.liues tven requl:'
prospecllve bed'ond, br... r a,
owners to document . Oy,d,~
in.', history,
In.lliu.
Many innkeepen Sll on loco
boarcls ancI commiSSiOnS, To.: c
CI_wuaplannln.commlS
sioner in Saa Juan BauIISI.
befor. beconlia. its only bee
and.breakfast innkeeper I ~
1910. He ended up WlUln, the
bed'and.breakfast ordlnanc~
for the lown when he oppll.~
for use permirs for hiS Inn, ~c
did Bill McOmber of Sacra
menlo. whose subseqllent ~i
forrs on behalf of Bed an.:
BreakflStlnnkeepers of :-;0,",",
ern Californll has led to a
whol. new career In lrade as
sociation manalemenr. Slm I
Iarly. Paula Williams serves on
the plannin. board of SIan
hope, New Jersey.
Innkeepers advise plann..,
and other local offiCials ro .s'
tablish clear procedures '0'
bed'and.breakfasllnns beio"
the first applicallon "
processed, If no such proe.ss
exists. potentlll ,nnkeepe"
may well pass a town by ,a"
William.. who searched ,C
several locations for Ih. oe"
spot for the Whisllinl S"'an
In sum. if planners .n~
innkeeperwoQtinu..&e-'A u~"
tosether, the potentlll bene: "
of bed.and.breakfullnn, ~,
be shared by Ihelr co'" C"..
ties, IS well IS by eoc. .
lTalefllllravelers
Copy",h' 19.7 by C'.,'
AIep. Myer IS' Mnlor : 4.
Cilroy, Coli/om.. ",
.
I
ACCOMI\IODATING THE
BED & BREAKFAST BOOM
By Brad Laech,
Petoskey City Planner
~TROOUCTION . ., _
In the past tew years. Michigan Com.
""..,ies have been responding to a new
.....d: Ihe bed and breaktast boom. It
_es al a lime when many citizens
lrady perceive Ihe exciusive singie.
mlly zone as being under al1ack. Most
"lUests are tor bed and breaklasts in
Ider homes in estabilsh.d neighbor,
-- Yel, Ihe b.d and br.aklast does
Jl easily fit into Ih. stand.rd zoning
...,;s;ons in many cOmmunlti.s, nor
.. It necessarily lit into the expecta.
as 01 neighborhood r.sid.nts. Michl,
· communities are responding in
Yet.nt ways as th.y try to bal.nce
"""unity and neighborhood valu.s
...st indlvldu.1 and property owner
Ills, An age-old land use contlict has
....., emerged In a n.w form.
-fAT STIMULATES THIS TREND? .
!'he roots ot the rec.nt growth in th.
:1 and breaklast industry in the U.S.
1 be found in ch.ng.s In our culture-
och began in th. 'Sixties and which
Ie been adapted to the 'Sev.nti.. and
<lilies. Thes. Includ. socioeconomic
Inges and changing cultural valu.s.
Jy are amplilled by continued growth
:Ie lourism industry.
lne 01 the principal socioeconomic
-.ces is the shrinking lamily size 01
average Mlchig.n household. Aver.
3ASIC FACTS
FOliowing are soma olth. r.sults of .
fSVey conducted in 1984 by Proto
~ard Mahoney and WIlliam Norman of
-e MSU Park and R.cr..llon
>'Sources Progr.m ot 65 Michigan B &
ntablishments. The resultl ..pr"anl
'POnses Irom 57 B & B's. By 1tI. end of
3S there w.re 110 B & a'a.lb.opeat.
'. spurred largely by th~ of;
east live reservation se~ Mfch.
,no The complete survelft'iiiUlta...
orted in 1l'.v.' .nd Toun-In MIchJ.
" A St.lI.tlc.' Profll., R....rch
nograph "1, Michigan It.v.', Tourfsm
I Recreation Resource Cenler, MSU,
y 1988. (see separate sldeb.r lor
aring Inlormatlon).
iasic Facts aboul B & B's:
Ipproximalely hall have live or lewer
ooms and one Ihlrd have between 1-3
ooms or 5,9 rooms.
Ipproximately 1/4 had prlvale bath,
ooms for ali guests while slightly over
13 had shared guesl baths only.
--
age persons per household in Michigan
decr.ased trom 3.27 in 1970 to 2.84 in
1980. As lamily size shrinks. due to S.v,
eral parall.' tr.nds such as d.lay.d child
rearing, pl.nned smali.r lamilles and an
aging population. th.r. are t.w.r people
occupying the av.rag. hous.hold. Yel
the COSI 01 operating a singl. family
household conlinues 10 rise tor m.ny.
For som., b.d and breaklast. have
otl.red an economically vlabla method
01 utilizing the home .nd 01 detraying Ihe
COSI 01 mainlaining the home.
Changing v.lues In our society have
probably played an aqual or greater role
In slimulallng the establishmenl of bed
and breaklasts. Perhaps Ihe best
descripllon 01 the new emerging value
system is Ihal by Mag.lrand. aUlhor
John Nalsbill who explains the paradox
01 desire lor "High TeCh/High Touch" in
conlemporary Am.rica. Whil. baby
boom... are apt to rush OUI and buy a
n.w personal compul.r lor Iheir hom.s,
th.y are jusl as lik.ly to purchas. an his.
loric home which th.y hop. 10 r.Slora 10
the grand.ur ollh.ir grandpar.nts' era.
Th. renaiss.nc. In pr.s.rv.lion and r.s-
toralion ot our cullural pasl c.rlalnly
plays a rola In the d.v.lopm.nl 01 B&B
accommod.llons, olt.n In vlnlag.
hom.s or building. 01 1890's Vlclorl.n
char.CI.r. For .xample, a 1984 sludy 01
57 B&B opar.tion. In Michigan d.l.r.
. .ver.g. .g. of B & B buildings wu 88
Y.." and 314 h.d n.tlon.I, state or
local hlltartcm signlflcance.
- nearly 1/2 w.r. loc.t.d In r.sld.n.
tlally zoned areu. "
- approxlm.tely 3/4 h.d dom.stlc
kltch.n. with 8g.... providing . conti-
nental bre.k1ut Included In the room
"..,ral.. 11 % ottered lunch .nd 18%
.: 'served dlnn.,. lor .n extr. ch.rg..
- .pproxlm.lely h.,f were open .11
week on . ye.. round basis, .nd the
bal.nce on . ".sonal buis.
- 81% r.quired reserv.tlons .nd 20%
prohibited children under age 12.
- pric.s ranged Irom $18 10 $110 with
aver.ge prfCe lor. double $49.
- a/mosl 1/3 h.d olher businesses on
Ihe premislS, Including gift shops,
antique shops, and b.kerles.
- one quarter considered th.mselv.s
lull time Innkeepers and 11 % w.re
retired 'rom other Occupations, the
balance had other jobs.
- nearly 1/2 01 the slays were on. nighl
and 1/3 were two nights, 10
mined that the .v.rag. age ot B&B bUild-
ings was 88 years. (S.e sid.b.r),
Th. peopl. who are Opening bed and
breaktast operations also seem to be
motivated by th. s.arch tor a new "work,
styl.". The B&B industry is riding Ih.
coattails 01 the g.ner.' boom in home
occupations and in cOl1ag. industri.s, In
many r.sort ar... Iik. North.rn Michi,
gan, and along Lak. Mlchig.n, B&B's
are a relin.ment 01 an .arli.r trend which
saw many p.rsons emigrate to the
region to Iry . second car.er as a small
busln.sl operator.
Th. traveUers who st.y al b.d and
bre.klasts bring. n.w s.1 ot valu.s and
exp.ctatlons as w.lI. Th. best sell.r
Blu. Hlghw.y. by WIIII.m Least H.al
Moon may provide . gOOd .x.mple 01 the
new trav.1 exp.ri.nce soughl by Am.ri.
cans as Ih.y g.t otl the beal.n path 10
IInd the I_r known bul special plac..
tuck.d .w.y in our rur.1 communities
and hislorfc neighborhOOds. Tourfsll no
long.r s..m satislled jusl to le'Ir their
neighbor th.1 they saw NI.g.r. FaUs,
Wisconsin Dells or Disneyl.nd but rather
they brag about th. "n..t little pllc."
they tound Ih.1 th.y hope Ihe iistener
has never he.rd about. Bed and br.ak,
tasts provld. this unique experi.nce at a
"hom. aw.y from hom.... "Bea .na
bre.kf.st is not just. pl.c. to stlY. it's.
wey to m", people ana gel to know the
country" as PI.nn.r Gordon Hayward
summ.rfZed in . r.port 10 th. ElmwOOd
Township Planning Commission in Leela.
nau County.
DEFINING THE B'B
Identifying wh.re the bed and br.ak.
lasl aCtivity Ilts into 10c.1 I.nd use pat.
terns or zoning iSlhe 11,.1 issue tacing a
local planning staff, pl.nnlng commis,
sion or community I.gislativ. body,
Where an .ntire building is devot.d to
lodging transl.nlS, communiti.s usually
claSlily such USIS with oth.r similar
uses inCluding mot.,s, hot.ls, lodg.s
and boarding hous.s. These uses are
olten Ihen restricted to commercial dis,
tricts or are permll1ed as a special land
use In a multl,t.mily zoning dislrict.
However, B&B raqulSls are usually
proposals on a sm.lI.r scale. Slngie'
lamily hom.owners initiale B&B pro,
posals wilh th. Intent 01 continuing to
live in Iheir home .nd to directly operale
the bed and breaktast themselves,
To many local officials. a secondary or
accessory commercial use In a slngle-
Plannma & Zonmo News,.~/Mav i ;8"'5
01__ _
.
'amrly residence most resemb4es a tan.
occu, ~tio". Hence. the simplest and
,.loc;t ;'E dily available definition often
seized for application 10 a bed and
breakfast is to declare Ihem to be a
"home occupation", An eXMlpIe 01 this
approach from the Northpon Village
Zoning ordinance follo_:
(30) HOME OCCUl!AnON. Any
business carried on by' _ 0/' more
members of a family residing on the
premises, providing it:
(a) is operated In its ent/rely within
the principle dwefffng and not within
any garage or accessory buildIng
localed upon the premises. except for
incidental storage in use of a residen.
tial type garage:
(b) is only conducted by the per,
sons occupying the premises;
(c) has no exterior evidence. other
Ihan a permillad sign. to indicate that
rhe same is txJing utilized for any pur-
pose other than that of a dwelling;
-:! does not involve alteration or
censtruetion not customarily found in
dwellings;
(e) is clearly incidental and sUbordi,
nate to the principal use of the prem,
ises for residential purposes;
(f) does not constitute an annoy,
anca or nuisance to ad/olning r/lSi,
dents by raason of nOisa, smoka, odor,
a/actrical disturbanca. night lIghting,
or tha creation of unreasonebla traffic
to tha pramisas;
(g) doas not use more than twanly.
liva (25) parcant of tha totll actual
Iloor aral of tha dwafffng;
(h) doas not display or craata out,
sida tha structura any utamal avi.
'.~r .
danca of the oparatlon of tha home
occupation ucept for one unlnl,
mated. nOnil/uminated. Will sign hlV'
ing an Irea of not more then sixtaen
(t6) squere feet.
In general, the emphasis ot Ihis
approach is 10 contine the location of
B&S's 10 limit Iheir scale. and 10 mitigate
any impacts whiCh can be externally
detected,
In many ways, the typical bed and
breaktast is clearly a home occupation.
Thay are oltan a subordinata usa con,
ducted by a person on the premises, and
Ihey can be operated with little Physical
avidence 01 the operation on the exterior
of the structure, But for numerous com.
munitles trutlng Ihem as a home occu,
patlon is not suHlclenl.
Thera are several ways in WhiCh a bed
and braakfast use may dlHer significantly
from home Occupations. Parhlps tha
most apparent and significant dlHarence
is the introduction of transient and over,
night guasts into a singl.family rasiden.
lial setting. A related impact of this
distinction is the overnight' parking
required and the potential for diHerent
traHlc patterns generated by a B&B than
are typically generated by a home occu,
pation.
A result of these concerns has been
the development of separate daflnitlons
in many ordlnancas for the bed and
breakfast. The definition below has been
used with variations in the Michigan
communities of Petoskay, Owosso and
Albion:
Bed Ind brelkfast Operations. A use
which is subordlnafe to fhe principal
use of a dwelling unit lIS a single,
he Bay View Inn. near Petoskey, represents the commercial type of B&S Where
1e enllre bUilding is devoted to hospitality services for tourists. Tha Inn has
een In operation since 1887.
anr.;r-;_~-:--, -; ''Ve'Ns~7f1;(ayTg86
!
,1
.
~
"
\
lamily dwa/ling unIt and a usa 1M which
transient guests ara provided a sleep.
ing room and board in return lor pay-
ment.
The Petoskey version at this delinltion
also excludes development at separate
COOking facilities which is a common
melhod for controlling crution of new
dwelling units in an axisllng struClure,
Paloskay also went so far as to speclli,
cally and expliCItly axclude the B&B from
the definition of a home occUPltion.
Another important aspect of this deflni,
tion is the description of a bed & break,
fast as subordinate 10 the principal use
as a single-family structure. Unlike Ihe
home OCCupation, multl,Iamily structures
may not be as suitable for a B&B due to
parking, traHic and other impacts in an
existing high density living arrangamenl.
in addition. it is highly likely that B&B
consumers are not really Seeking that
Iype ofaxperience, and Ihat renters
would be aven more directly impacted
than single.family owners, Since the
multl,family unit has no open space
buffer and the units Share common
walls, etc.
Another common restriction in home
occupation definitions is that no Outside
employees other lhan residents of the
dwelling unit be permitted. The Patoskey
Planning Commission examined this
restriction but decided that if the commu,
nity wanted a healthy, clean B&B opera,
tion, Why not provide for maids or other
hired help. The perspective of the Plan,
ning Commission was Ihat the impact of
SUCh help would be no worse than serv-
ice personnel whiCh might already be
found in a single family household.
There are, no doubt, many other pil-
falls to defining a bed & breakfast in a
zoning ordinance. Sut as more com-
munities addrass this new aCtivity, a
range of alternative elements to include
in definitions will be developed.
STATE AGENCY INVOLVEMENT
There has been some discussion at
lhe State level regarding possible legiS-
lative control of bed & breakfasts, In fact.
Senator Sederburg is readying legisla-
tion for intrOduction in May. (Contact BOb
Ortwein for more information, (517)
373-t734).
One state agency that is frequently
consulted ragarding bed and breakfasts
is the Michigan Department of PubliC
Health and their respective Distrlcl
branChes or otticllS. Whan the City of
Patoskey first contactad the local Dlslrlc!
office. Ihe agency stated that it did nOI
intend 10 gat Involvad in regulating suco
operations. Later the Michi9an Deoan
ment of Public Health issued a merT'O'
randum dated Fabruary 3, 1984 wne'
summarlzad their position regara - :
food service In Ihe B&B, This merT'C"-
dum remains in effect.
.
:" rAe' 388. PA, t978, Part 129.
S,plsssly axwrrpl3 from the law IOdg-
. Ig ia" 'li1Jes SM'Ving only a continantal
eroa.1ut. A continental bre.ldut is
oM limited 10 ONlY cdfM, JUICe and
commercially {JI8pared _IOI~. If a
.Baa ana Brealdast locMh.. IImit~
tha" "menu" to just t'-. no food
sarvlce lic.".. would'" _ted. How-
svS" this is not aiwaya ,. ..... It is
our unaerstandlng that some of thue
lacHities pravicla their guesl3 with lull
orealdast menus. Under this circum,
stance, the facility would require a
license and would have to maet all tha
requirements for licensure. The main
problem will be in the basic facility's
inaoHity to meat the code. Many are, in
lact, privata homes where the owner
hu convertad one or two bedrooms
lor guest usa. When this situation is
ancountered. the owner hu a choice
to e,ther convert the kitchen lacilitle.
to meet standard. or limit the breakfast
to continental. The decision, of
course, is theirs.
In ..sanca. the memorandum say.
that any meal served beyond coffee,
JUice, and a roll will be conSIdered a com,
mercial food service and subject to the
same restrictions as a restaurant.
This directive provides some guidance
to local governments and fo BAB opera,
tors as to meal services. Howaver, most
communities do not have tha staff to
monitor or inspect such lood service, so
the" ordinances do not attampt to
address this mallar. (To my knowledge, I
do not know of any District offices of the
Pubilc Health Depl. which ara inspecting
bed and breakfast operations in single
family homes for compliance with the
memorandum).
TRAVEL AND TOURISM IN MICHl,
GAN: A STATISTICAL PROFILE is avail-
able for purchase price 01 $20,00 per
coPY, This PUblication covers a variety of
10plcS which include the loll owing:
. Distinguishing Features of Traval A
Tourism in MI
. Trave' Promotion A Adverttsing in MI
. International Travel To. FtOtII Potl '
. Estimat.. of Econofllllrllllpact of
Travel in MI
. Commercial LOdging in WI
. Bed A Breakfast Establishments
. Ealing & Drinking Places in MI
. Federal Recreation Resources in MI
. MI's State Park System
. Camping in MI
. Recreational Boating in MI
. Hunting in Ml
Order from: Michigan Travel. Toullsm
& Recreation Resource Center. 131 Nat.
ural Resources BUilding, MSU, East
LanSing, MI 48824-1222. (517) 353-
0823 1'=
~
~..-~
!
1
.
.
I
Thla a&a Includea four lourlal aleeplng rooma. Large 101. large home Illel luch
aa Ihla one may be moallullable for apeelalland u.. provlalona In a typical zon,
Ing ordlnanca.
One other health maller that has also
been unrasolved is the maller of sanitary
lavalory and bath lacillties. Thera has
nol been any communication Irom the
State regarding this mallar. and perhaps
thera is no naed in a single-Iamily homa,
Undoubtedly, tha Public Haalth Dapart,
ment, lika most othar Slata, local and
othar agencies has bean reluctant to
"invade" the sanctity of tha single-family
homa. Tha City of Patoskey doas not
allemptto inspect such facilities dua to a
lack of apparantlegal jurisdiction and of
qualified staff, but Petoskay's Iicansing
provisions, which will ba described later.
do requira availability of lavatory and
bathing lacilitias in a B&B.
ALTERNATIVE APPROACHES
Tha spreading growth 01 bad and
breakfasl Oparations in Michigan has
ganaratad a variety of local ragulatory
responsas. Thase alternativa methods
lall into thraa ganaral categories:
1) B&S as a permilled use either as a
homa occupation or saparately definad
2) BAB as a special land usa
3) 8&S's ara permitted as in 1) or 2)
and a 10callicensa is raquired.
At the presenttima Ihere is no compre-
hensive data regarding the Irequency 01
usa 01 eaen of these methods.
The advantage of the lirst melhod. of
simply declaring the B&B a permittad
use is its simplicity, Once lhe use is
defined and then incorporated into lhe
zoning ordinance, local administrators
~,td poiicymakers merely have to decide
in which districts the use should be per-
milted, Many of the existing regulations
inSIde and OutSIde the lonlng ordinance
can then be applied to bed and breakfast
oparations, Frequantly, Iha languaga
used to minimiza "commarcializatlon" in
a rasidantial satting is modellad attar
homa occupation provisions with lairly
restricliva provisions lor signt' or othar
visible indicators of commarcial aClivity,
This parllcular approach saams to be
mOSI effective in very small or low den-
sity communities whara impacts of a bed
and braakfast may not ba as directly
ex pari anced by neighbors.
However, what may appear simpla on
the surface may turn out to be inade-
quate if problems aver do develop with a
particular bad and breakfast. It it is a
home occupation, will it be permilled in
multi,lamily dwelling units? How Will you
distinquish tha usa Irom a multi,Iamlly
residential use? Can a local slaff person
effectiveiy monitor and polica tha opera,
tion once il has become an established
use and a vesled right? How will you
close down the operation it there are
problems lika noise or rowdy behaVior
which cannot be toleratad in a slngie
family naighborhood? While it is true that
Ihe B&B appeals 10 a speciai clientele,
can we be sure 01 this in the luture at
facilities often run by amateurs or hobPy.
ists?
Placing tha bed and breaklast opera,
lion into a special land use category pro,
vides a little more local control ana
clearer standards lor establishment Of
such uses. The bed and breakfast use
may still be permitled as a home occuca,
tion. but may be claSSified as a use
which must meet certain speCial cene,.
lions prior to being permitted. An e.ar-"
pIe 0' this approach IS tt'lIS excerOI ,.~-
the Peninsula Township (Lee'3- I.
County) ordinance:
p1anf'lIng & Zonlnq News ''''1,
l
.
,
-,MENDMENT NO. S9 (to): S..,tion
6 '3, Wim res"..,t to SUbPlJJ'8graphS
(d). la). (f). and (g) of subsection (2),
shalf be and is hereby .mended to
'..0:
(d) B<<1 and breekfrl6t accommoda,
lions may be provid<<1, PROVIDED
. th.t:
t, The rooms utilfz"'l. ~ a part of
the prim.ry rasidentiaf us.. .nd not
spaclfically conslruct<<1 for rentaf pur,
poses.
2. The resid.nca is ownar occupi<<1
at alf tim.s.
3. Sufflciant off-straat parking is
provid<<1 in addition to that required by
S..,tlon 7,6.3 for residential purposes,
at the rete of one spece per double-
Occupied room.
(e) Such Occupetfons or uses ere
intended to provide re.sonab/e Hexlbll-
ily in the .ppilc.tlon of this Ordlnence,
but .uch home OCcupation shall not be
gr.nt<<1 if the ....nti.1 ch.recter of e
lot or structure within. residential dis-
trict, in t.rms of use, tr.fflc generetlon
or app..r.nce wilf be cheng<<1 in the
slightast d.gree by the OCcurrence of
such oCcuP.tlons or activities.
(f) No r.t.iI or other s./es sh.II be
permitted unle.s they en cle.rty inc;.
dental .nd directly re/at<<1 to the con,
duct of the home OCCupetlon.
(g) Signs .half be as specified in
Section 7.2.2 (2Xb).
mat In S..,tlon 6,2.3. the 101l0wmg
SUbparagraph shalf be and i. hereby
.dd<<1 to SUbsection (2):
(h) A "home OCCupation permit"
shall b. obtained Irom the Zoning
Adm,ntstr.tor. Such permit .half be
revok<<1 should the home OCCuP.tion
.t any time not meet the above concH,
tlons. FURTHER, eny permit .half
become null and void after one (t) year
from the date such permit is granted
unless the home OCCUPation hes been
e.tabllshed end operating.
Tha Peninsula Town'hip ordinance
prOVides the local administrator with
some standard. which can be cited in
the event a permit is to b. denied or
revoked. Specia' impacts or Concerns
such as parking can be directly and con,
veniently stated as a condition for such a
use. In addition. pUblic hearing require-
ments allow the pUblic an OPPOrtunity to
offer comment and new perspectives
which the Commission or administrator
may not have considered. The Planning
CommiSllion JJr other locally asSigned
review bOdy also has an opportunity to
provide insights at the hearing. Finally. a
permit is r&quired prior to Opening 01 the
B&B which prOVides an opportunity lor a
lOCal official to inspect the proposed site,
bUilding or other features of the opera-
lion as called for in the ordinance. In the
event of a future violation. enforcement
prOCedures would b. initiated.
Special land use. are not Without their
OWn prOblems however. Too otten the
public hearings lor special land uses can
become a popularity cont..t wh..e
neighbors bring to light everything they
dislike about the neighbor except the
issues thet are relevent to the proposed
use. More importantly, the lOCal admin/S,
trator and r."iew board or commission
should ask themselve. it pUblic review is
necessary, lor the proposed USe may be
so minor that such review is unnece.,
sary. particularly it the use is truly to be
..subordlnat.... "accessory" or "Second,
ary",
The third regulatory aiternative. Iicen.,
ing. may be the mas' Certain means 01
control and also the most restrictive. The
City 01 Petoskey chose this ailernative
lor a variety 01 reason.. One re.son was
the OPPOrtunity to Control many aspects
01 . land use which might not be con,
trolled within the cOnstraints 01 a ZOning
ordinance. For example. the Petoskey
l,icensing Ordinance lor Bed and Break-
lasts provide.. restrictions on the length
01 stay lor g'ues's, the availability 01 bath,
ing and lavatory lacllities and the
requirement lor fire salety and other
building salety me..ures. Also. the
Petoskey ordinance provid.. "operator
r&quirements.. which probal!!Y are regu,
lations that do not tIt into the'lppropriate
realm of zoning prOViSion.. (See Tallie I,
Section 2 of the PetOksey B&B Licensing
Ordinance).
8&8's: A "Home. Awav. From. Home"
By Olav. SlnTcu,.
Bed and Breakfast, or B&8's, accommoda,
tlons, have long been lound in Europe by cost,
conscious travelers, This widespread custom.
In which a homeowner rents unUSed bedrooms
and serves a mOrning breakfast that is inclUded
In the cost, may be known under other names.
SUCh as guest house or tourist home, Whatever
name is used it is virtually a part of everyday
life both in England and Ireland as well as on
the conllnent.
The custom 01 Opening one's home to trav,
elers dates back to the beginninos of colonial
America, Hotels and Inns w.. II:IItI in thos.
days and wayfarers relied on IIle GI/lerosity of
strangers when searching for a bed for the
night. It has been speCulaled, only halt in jest,
that this may be why there is hardly a colonia/-
era home in the mid-Atlantic states that does
not boast: "George WaShington Slept Here."
OUting the OepresSlon. the tourist home pro,
vlded an economIC advantage to both the trav-
eler and the host. People always drove through
Ihe center 01 town as there were no superhigh-
ways bypaSSing the area. A house with a sign in
the front yard reading "Tourist" or "Guests"
IndiCated that a rOOm could be rented lor Ihe
n'gnt and at least a cup of coHee was served In
Ine mornmo, The usual cost for thiS aCcommo_
dation Nas 5200 or 5300 - needed Income
lor the host in those times. It also gave the host
the Opportunity to chat with someone new and
the visitor leamed of spots of local interest.
Country guest homes became a POpUlar
altemative to costly hotels in resort areas in the
195O's with the host providing a comfortable
room and bountiful breakfast for a modest
price. The lack 01 private baths and telephone
was compensated by a home,away-from_home
atmosphere. This increasingly POPUlar concept
has been reintroduced in this country as 8&8
and has come into its own, flOuriShing in rural
vacation spots.
These American gueSlhouses oHer a charm,
Ing. personalized altern alive to the impersonal-
ity and sameness of big-city hotels or motels
stretched lor mile alter monotonous mile, They
are olten much cheaper than a hotel or motel,
have Plenty 01 parking, and breakfast as part of
the price. In a strange city. they afford a sort of
home environment and the neighborhood loca-
tion removes the traveler from neon glare and
the noise 01 the hignway,
Many proprietors are peOPle-oriented individ,
uals who can offer inSide suggestions on where
to eat, whal's going on In the area. and where
to find ShOPping bargaIns (or avoid tourist
traps), A few may even serve as ad hoc tour
gUides or help locale a baby'slner - " Children
are welcomed; poliCies may vary.
plannlnq & Zor,mq News. IMav 1986
Although a 8&8 hostess or host will weicome
yOU with a hOSPItality and COurtesy miSSing in
more commercial establiShments. you may lind
some amenities laclOng that are available else-
where. Your room wil~prObably lack a phone or
television on the dresser, and you WIll prObably
have to share the bath. Room decor will vary
from comlortable Victorian. Colonial or country.
Since you are a guest in a private home. you
may wish to chang. personal habits. such as
eatIng crackers in bed - at least temporanly,
Some lamilies will invite you into the family
room to watch TV - others will not. 8reaktast
can mean anything from juice and coffee to a
full meal; it is best to inquire in adVance.
Bed and 8reaklast, in addition to being a
change 01 pace lor weary travelers, can be a
pleasant alternative lor a woman traveilng
alone, (conversalion and lriendShlp seem to be
natural 8&8 ingredients). lor cost.consclous
students or retired persons. as well as parents
of COllege students, il there is a 8&8 near cam,
pus, For those traveling in an area where
motels and hoteis are scare. a B&8 can be the
perfect Solution, ,=
Reprinted with permiSSion 01 James
Brinkman, Edilor Preview Communlry
Weekly. Traverse City, Irom the July 25
1983 issue.
.
~
...,{IOn tlJ the adventaon 01 the
:;6... range 01 powers through
'". ,t'I_j~ technique seems to pro.
...,ore eHective tool for morutonng
",Clng 8&8 operations, The differ-
;erween licensing uses and permit.
;sos by zoning only, might be
.ared to the difference b....n .
:'Ogo" and a "right", Wilh IlcerWng.
:rd,nance provides a descn~ 01
~aslS for ISsuing a license. I!\ir';""Uke
J~ rypes of licenses. the,. are also
':1510n$ tor revocatIon and denial.
;, Table I. Sections 9 & 10), A 8&8
:rallon which becomes a public nui-
;co ,. then addressed by city .taft
,or the aulhority of Ihe.e licen.ing
",Slons. While there is similar author-
Jnder zoning, it is not as easy to
,.e once the u.e establishe. a vested
I,
'e Peloskey Ordinance also provides
an applicalion which include. a
J.lrement to submit a floor plan Show.
:l1al Ihe 8&8 will comply with zoning
licensing requirements. The appliea-
serve. as a checklisl for the City
I( and Ihe local zoning administrator.
iJ lhe floor plan provides documenta-
which can be used in lhe evenl of an
al expansion or other change in the
,allon, The application I. reprodUCed
,ole I.
lere is a third reason for considering
IcenSlng altern alive. In touriSl-resort
5 Ihere is often concern thaI the bed
'breaktast concept will become 100
,Iar, In Petoskey, the Planning Com,
Ion was concerned that there would
- many requeSlS that evenlually cer-
neighborhoods would be inundated
8&8 operations, There was some
)5s,on of selling an arbitrary separa-
jislance, ie, 1500 teel as wilh group
as, but Commissioners and slaft
,ad Ihls might prevent the 8&8's
,being established in some appropri,
.ructures or neighborhoods, Finally,
cenSlng alternative was considered.
'e City decided that licenses could
sued in a quantity and density to be
'mlned by the City CounCil based
Slaff input and Planning Commi..
comment, A variety of approaches
; be laken, such as Se"i"i.8!!.~.r'
"ling on Ihe number ot Ii~ to
,ued and/or a limit on IIc_ per
'borhood, per voting ward or other
-apnlc district. In a manner similar
lie liquor licensing, the number of
'es could be based upon popula-
::>r upon physical area, or transient
allon tor the region, etc,
, City of Owosso has taken Iicens-
onlro/ a step further to meet Com.
y oblecllves, Owosso allows 8&8
,es only in historic structures which
pre-established Criteria reviewed
e Planning Commission for each
sl. Regardiess at criteria. the com-
'-x.r,'. -.
;'1' '.;",.,
"
. , . ~
.... Joooot,.
.J
~
""0 of Pelo.key'. five B&B's are localed In mod.rn hom.., .uch .. Ihl. one,
which h.. a dramatic hillside view of Lilli. Traver.. Bay.
munity se/ecling lhe licensing option can
choose to limit lhe granting of license.
as provided in Section 1 I of the PetoSky
8&8 Licensing Ordinance (See Table I).
Licensing also has it's share of prob-
lems and pitfalls. A principal concern 01
community oHicials may be the appear-
ance that by licenSing a 8&8. a commu,
"'ty has sanctioned all aspecIs ot
operation ot a particular faCility, /n addi-
tion. it is unclear how much accountabil-
ity wili be thrust upon the licensor tor
activities which are outside the purview
ot the license criteria. For example, it a
guest at a 8&8 suffers lood poisoning,
will liability be, merely the responsibility
of the operator; or of the operator and
the State; or ot the operator. the State
and the licensor (Ihe City)?
In many communiti.. Ihe licensing
approach may seem too regulatory for
local needs. LicenSing may appeal more
'10 cities and to higher denSity communi,
ties than In smaller or more rural places.
Despite the administrative character ot
licensing, when the time comes to estab-
lish a limit on licenses, the outcome may
be just as politicized as Ihe special land
use public hearings.
CONCLUSIONS
While there IS very lill'e case law trom
which to derive direction tor drafting reg.
uialory 1001.. a July, 1985 Michigan Cir-
cuit Court case appears to grant the bed
and breakfasl the same stalus as other
land uses. The case, involving Peninsula
Township versus the Neahtawanta Inn
resulted in a JUdg~'s ruling that com-
munities can regulate 8&8's through
zoning, but that communities cannot
exclude 8&8'5 altogelher (see OClober,
Plannmg & Zoning News' -'May 1986
1985 issue 01 Planning and Zoning
Newa~), The ruling IS consistent with
past court judgements thaI land us..
should not be singled oul tor exclusion
from a community. _
This court OPinion, together wilh pub-
lic interest considerations indicates lhat
communities cannol ignore lhe 8&8 as a
potentIal activity in their community on
the hope thaI pUblic demand and local
request. will subside. As de.crlbed In
this article, there are enough regulatory
alternatives to iii the unique needs of
each community, Whalever your choice
of technique. try to give your local zoning
administrator regulatory tool. which fit
your expectations regarding enforce-
ment. monitoring and character of the
type ot land use you are regulating.
The bed and breakfasl trend in Michi-
gan will likely grow as tourism increases
and as baby boomer traveller. continue
to seek this alternate experience, 8ased
upon our experiences In Petoskey, It
would appear thaI 8&8's can be compat-
ible With residential .ellings; we have
had no complaints or comments regard.
ing the live 8&8'. operating in sin91e,
family homes in our community, As
summarized by Duncan Erley ,n the
American Planning ASSOCiation'. Plan.
nlng Advisory Service: "The impacf or a
B&B establishment should be no greater
than that 01 a private home with weekend
guesrs," C
i
,
I
The author would like to thank Owosso
Planning Director, Phil Hathaway and
Manlstee County Planning Director. Kurt
SchinC1ler lor thelf assistance in the preo-
arat/on of thiS artlcls.
.
.,
~~ d- ~>r \YIlde. - Bt-.t ~~...-eqK~
7_
or",......,., lit'" City C1.r1l nndS that an applICant cannot meet a...-
req....montth.n tI1ty "'all...... authortty to d.ny th. .ppllcant a ~ Tho
denoal may be _aJecllO lilt City CoulICIl. ..ho may then ..0I1lh tllIlacIs of
,no .... and ",.q a final d_.
10.72 S_... "-...... __,
The City Clel1l: shaLl haw the autftorily to tltus. to renew a license or to sus.
pend or revoke a license tor continued It'd repeated violations of tne pravJ..
SlonS 0' thIS ordinance, A d_ to d.ny a "cense may be appealed to th.
City CouncIl by tIlt apPIlconI.'l,Qy ~ense ISlued under Ihe provISIOns of this
ordinance may be revoked by lilt CIty CouncIl tor gOOd cau$l SIlown aher
investiQation and opportunity to the holder of such license to be heard in oppo-
Sition thereto; in SUCh investigation tnl complianc. Qf non<ompliatlC1 with
the st;tflaw and loW ordinances. the conduct of tn, lice"s" in reolnllo tne
public, and otner consideration shall b. weiQhed in determination of SUCh
issue.
10.73 Any license 'Slued io non-transferabl..
10.74 PI.1Ily lor VI_HI.
It Shall be a misdem.anor to violatl this ordinance and a flnl of Onl Hundred
Oolla.. ($100,00) or ninety (90) days in 1111. or both. may be ....ssed in thl
discretion 0' the court.
CITY OF OWOSSO
HISTORIC CRI7ERIA FOR EVALUATION OF
lEa ANa IREAKFAar OWEWNOS
HISTORICAL OWEWNOS
I. STRUCTURES (ARCHITECTURAL LANDMARKS OF SIGNIFICANCE)
A. For th, purposes of these enteria. lrchitecturallandmana may bt considered
slgnific1l1t if they are prolorypes of or if they are examples of a peflod. style.
iltchitectural movement or method of constn.lctlon. or It lhey ire th, most
notable works - or the best surviving wor'l in a given region - of a pioneer
architect, designer or a master builder.
B, An architoeturallandmar1c generalty WIll be considered on ils orioinal sitl. par-
ticularly it its signlflcance is basically derived from "S dlsign relaUonsllip to its
site.
C, A roeon51ruction or elC1lnSively rehabilitated building glnerally will not bl con,
sidered unless no other authlntic struc1Ure of its type SUl'ilv.s in thl Olvln
region and only then it the StruCturl is roeonstructed n.ar its orioinal sitl and
authentically executed in in envjronment approximating the Original setting.
0, Architecturallandmart<s achieving recoonillon ..'thin thl lut 50 yea.. ..iii bl
conSidered only ,I they pOSleSl excepUonal d.sign mlrit 01 transClndlnt siO-
nlficance.
E. The applicant and proPlrty o..nl" are hereby adVISed that th. conUnuino
integnty 01 thl reoistered architecturallandmart<s' Slonificancl must bl main.
tllned by obsel'ilno generalUy accIPted presol'iatlon 51andards. Should an
action by the owner or st'lould other circumstances beyond !'Us control caus.
an 'dverse eHect on the Integrity ollhe d..ellino, any Iic.nsl previously autho-
filed may be Withdrawn.
F, The 101l0..inO adverse eHects are amono lhose lIIat may be considlred u
bases lor ..,thdra..a1 of landmart<s registration SUfUl:
1, Destruction or alteration of all or any sionillcant pan of th. architectural
landmark or its sit..
2, Isolation trom, or alteration of its surroundino Invironmlnt. particuluty in
the case 01 .n architectural landmanc ..hose basic siQnificancI d.nves
from its relationship to its site.
3. IntrOduClion 01 visual, audible. or atmospheriC llements that are out 01
Character ..ith thl property nits seltino.
4, In general, any .cUon lIIIl deIltoys or .rodes the integrity or Ih. sionifi-
cance that ..as thl b~MlCtUrallandmar1c's desionaUon may _
be grounds lor ..ithdrawel 01 lilt otflcjal reoio"ation.
II, EMPHASIS ON INDIVIDUALS
A, An Indiv,dual must havI had a profound innuencl on Ihe history of the area.
regIon. or State.
B, The primary emphasis shaU be thl sitl or sites 01 thl achievemlnt of an Indi,
vidUal or personality, Binhplac.. dlath plac.. or Sill 01 interm.nt "'aU not bl a
consideration unless something of histoncaJ importance is connected with his
b,nh or death.
III. ACCESS
A. The sIte must be viSIbly accessible to the public.
POINT OF HISTORICAL INTEREST
A. Significance
1. Siles
a. Sites should be Significant to the countY or local area's social. cultural.
economIcal. political. religIOUS. or military histOry.
b. Race. creed. calor, or politIcal aNitiation WI not blu tne determlna.
lion of the validIty of a POint of hisloncaJ intlftsl registratIOn iPphca.
tion.
c. Application must b. supported by adequate researcn and blblioQrapni.
cal proof.
2. Individuals
a. Th. individual sponsored for recognitIon should have made a Slgnlfi.
cant histoncal contnbution to the irta on on. 01 lhe lilldS Outlined
above.
b. Pnmary emphasis should be upon the SIte of the aChievement rather
than upon the place of birth. death. or gravt$lte.
B, Acclss
1. The site Should be accessible to Ihl pubtic'.
ORDINANCE NO. 83.151
VIII.,. ., Sougmuck
AUlgan County, Michigan
An OrdinancI 10 amend Schedule A, Anlcl12 and Arlicll 16 olthl Vill,," 01
Saugatuck Zonino Ordinance No, 60-133
Thl VillaOI 01 Saugaruck Ord"ns:
1. The definition of loardlng HOUlI (.. Wld,I., NlUsel. Rloldlnll., as set
fonh in Anicie 2,3,0, WI,d..nd Tlrm. oln.I' IS "'reby Oeloted,
2. A new defiRltion lor the purposes at defining an "'nn" is hereby added to
Mlcle 2, 3,0 as follo..s:
Inn. A structure which was constructed for famity reSIdential purooses but
whiCh may be used for th, purpose or renting bedrooms on a nlgntly baSIS to
tourists. provided that Certain loning requlflments ilt met.
3. Article 16, 16.9 is hereby deleted in Its present form in its entIrety with the fol.
lowing wording to be Substituted:
Anlcll II. 11.1 Ino. (u. dlllolll.o.)
(1) USIS of residential structures lor Inn purposes may be permlned In com-
mercial zones or in certain residential lones wilh Older. Single' family
homes lOCated in cl... ,rnlmlty to commtrcial arlU,
(2) Because many older. Sin011 famity homes arl larOIl and reprlSOnt siZ..bll
maintlnancl and energy costs lor a sinOl1 lamiIy. it is t..~ that res"'c-
tion to only sinOl1 lamily use may laster inadequatl mainllnancI or even
abandonmem. The POUibl1 consequences ",.y bl a gen'ra1 apPlaranCI
0' bIiOht..hich, II allo..ed to Procled in a down....d trend, could erode the
SOCial stability of a neiOhborhood, BUed upon Ihl above, sam. areu are
reoarded u conducivl for limited us. lor Inn purposes: but only ..hen cer,
tain conditions as may be required by the Ptanning Commission In order to
presel'ie thl Character, u ""II u health, saflty and ..eifare 01 the nergh-
bortlood are mel.
(3) Therl Shall be ample open space other than that reqUIred to .ccommod.te
the required oH-street ParldnO, Natural screening by USI 01 plant marenals
or other SCreening may be reqUired to scrHn par1cinO areas from adiolRlng
resident"i propenies, OH-street parlcing in tronl yard ....s shall nOI be
permined,
(4) Food may only b. sel'ied in an Inn to lhose persons renting an Inn room
only durinO their stay at thl Inn.
(5) A residential structure shall not havI or b. convlnld to more rental rooms
than thl number of bedrooms ..hich exist at Ihl lime of enactmenl olth,s
Amendmlnt and .dequate livino spaCI must bl presel'ied for Manager or
Owner's quaners,
(6) In lhl Community Residential zonl. Inn sions shaU only b. .IIo..ed tor
Identification PUrpoSIS and shall be allowed only .ner PlannIMO Commis-
sion revie.. and approval and Shall not exCled light (6) square lelt.
(7) Additions to . struclure lor the purpOSI 01 provldinO additional Inn rental
rooms shall not bl .Uo..ed except on those parcels of propeny ..hlch
adioin or arl contiouous to the City Center CommercII' Zonl District. In
addition to other critena. the Planning CommiSSion shall calculate that no
addition will result in prOViding less than one thouund nine hundred
(1,900) square leet allot area lor ..ch rental Inn bedroom,
4. Sell.dul. A, whtch provides tor a schedule at uses permlned in the estao.
lished districts 01 the VillaOI 01 Saugatuck, is herlby .mended to delete LOdg,
ing Houses as a permlned use or as permitted SpeCIal Land Use.
5. Selledul. A, is hereby amended to allow Inns as a permitted use In lhl Cenler
ResidentIal. CER Zone Oistnct and as a permitted SpeCIal Lana Us. In lne lOt.
lOWing lone districts: CommunItY ReSidential. CR and CommunitY ReSlaeMJI
High DenSity, CHR,
6. ArtiCle II. Table 1 is hereby amended to delete LOdging House. Boarolnq :'
Rooming House and the word "Inn" is added 10 the Motel/Hotel c.ateqof'/ '::
oH.street parklnQ space requirements.
ThiS OrOlnance was aOOPled on 'he 17th day 01 OctOber, 1963,
. _ _ 0 ",. _ . _ . '_
.
O'?illINA..~CE NO, 70-89
AN OBDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY
KNOWN AS THE OCEAN APFI,J;: ESTATE I,OCATED AT 610 N.
OCEAN BOULEVARD, WHICH IS MORE FULLY DESCRIBED IN
EXHIBIT 1 TO THIS ORDINANCE, AS A LOCAL HISTORIC
SITE; PROVIDING FOR CERTAIN REQUIREMENTS OF DESIGNA-
TION; PROVIDING FOR THE AMENDMF.~ OF THE "ZONING MAP
OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN
OVERLAY MANNER SAID DESIGNATION; PROVIDING A NON-
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE;
AND PROVIDING FOR A SUNSET PROVISION.
WHEREAS, Chapter 174 of the City of Code of the City of Delray
Beach provides for the designation and protection of hist.oric sites;
WHEREAS, the owners of "Ocean Apple Estate", a home designed
by noted South Florida architect John Volk for famed cartoonist and City
of Delray Beach resident Fontaine Fox, have nominated "Ocean Apple
Estate" to be designated as an historic site if certain variances and
waivers can be obtained from the City of Delray Beach.
:1
I'
,I
I
I
WHEREAS, the Historic Preservation Board'of the City of Delray
Beach prepared a designation report for the designation of "Ocean Apple
Estate" as an historic site and held a duly noticed public hearing in
regard to the designation of the property a~ an historic site at which
no member of the public spoke in opposition to the designation of the
property as an historic site; and
WHEREAS, the Historic Preservation Board of the City of Delray
Beach has recommended that on September 20, 1989 "Ocean Apple Estate" be
designated an historic site subject to certain variances and waivers
proposed by the owner/applicant in the nomination/designation report;
and
WHEREAS, the City Commission of the City of Delray Beach has
conducted a duly noticed pUblic hearing in regard to the designation of
"Ocean Apple Estate" as an historic site.
NOW, THEREFORE, BE IT ORDAINED BY THE r;ITY COMMISSION OF TIlE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. De~iqnation.
Ocean Apple Estate at 610 N. Ocean which is legally described
on the survey which is attached and incorporated into this Ordinance as
Exhibit 1 is hereby designated as the Ocean Apple-Fontaine Fox Historic
Site in accordance with and under the provisions of Chapter 174 of the
Ci.ty Code of the City of Delray Beach, subject to the terms of this
Ordinance.
I
I
I
I
Section 2. Requirements of Desiqnation.
NotWithstanding any provision of the City Code of the City of
Delray Beach and any other provision of this Ordinance, the following
requirements shall apply to the use and development of Ocean Apple
Estat.e:
1) no more than three (3) dwelling units shall be used 'and
developed within the boundaries of the Ocean Apple Estate-Fontaine
Fox Historic Site; and
2) no nwelling unit used or developed on that portion of the
Ocean Apple Estate-Fontaine Fox Historic Site which lies east of
lL-t
St.ate P.-::>ad 71-1-1, shall cont.ain more than two thousand and four
hLlndred (2,400) sguare feet of gross floor area.
Section 3. That the Planning Director of the City of Delray
Beach, Florida, shall, upon the effective date of -this ordinance, amend
the zoning map of DelrdY Beach, Florida, to show, in an overlay manner,
the above designation.
Section 4. Severability.
I t: is the in tention of the City Commission of the City of
Delray Beach that this ')rdinanca and each every of its terms be con-
sidered a part of a single whole and that the Ordinance not be severable
and that: if a court of competent jurisdict:ion finds that any section of
this Ordinance is 'm1awful or unenforceable the Ordinance shall be
unenf orceable ill it,s entirety.
Section 5. Effective Date.
This Ordinance shall become effective upon adoption on second
and final reading.
Section 6. Sunset Provision.
This Ordinance shall expire and be of no further legal force
and effect sixty (60) days after its effective date unless the
owner/applicant of the Ocean Apple Estate-Fontaine Fox Historic Site has
obtained the following variances and necessary waivers:
1. A variation from the minimum lot area requirements of the
R-l-AAA ~oning district to allow the construction of a '
single family detached dwelling on that portion of the
Ocean Apple Estate-Fontaine Fox Historic Sit,e that, lies
east of State Road A-l-A; ~nd
2. a variar ion from the side yard setback requirement.s of
tnl>. R-l-"AA zoning district to allow the construction of
a single family detached dwelling within five (5) feet of
t\)e north property line and five (5) feet of the south I
property line of that portion of the Ocean Apple Estate-
Fontaine Fox Historic Site which lies e~st of State Road
A-l-7\.
3. Waiver of the 80 foot right-of-way requirement for State
Road A-l-A within the boundaries of the Ocean Apple
Est3.te-Fol1taine Fox Historic Site and the establishment
of " 60 foot r.'t.ght-of-way rl>.quirement for the Ocean Apple
Estat,e for the purposes of any municipal permit or
development order,
PASSED AND ADOPTED in regular
reading on this the ____ day of
session on second and fina.l
, 1989.
NAi'OR
Nl"1'EST:
City Clprk
First- Reading
Second Reading
I
I
I'
2
:JRD . NO. 70-89
,
... ':'-+ :';' ..'..
o ~ -:,. ~ 0:':: .. ~ ':':
~ r., :. " _ ;. " ~ o!' '
':':'
EXHIBIT 1
LEGAL DESCRIPTION
The South Half of Lot 4 lying West of State Road A.1-A, less the West 435.5 feet
thereof: '
that part of the South JO feet of Lot 3 and the North half of Lot 4 lying West of State
Road A-l-A;' and
Lot 3, less the South 10 feet thereof:'
Block E, Revised Plat of Blocks D and E, Palm Beach Shore Acres, Delray Beach, Palm
Beach County, Florida, according to the Plat thereof recorded in Plat Book 7 at page 38
of the Public Records of Palm Beach County, Florida.
, less the West 25 feet thereof for road right.of.way.
AND
that part of the South 10 feet of Lot 3 lying East of the Right-of-way of State Road A-
l,A.
Said land is subject to easements, reservations, restrictions, covenants and rights-of-way of
record.
,
C I T Y
COM MIS S ION
DOCUMENTATION
TO:
ROBERT A. BARC:~'O ASS~TANT
"~/(' , ~
FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
CITY MANAGER
VIA:
FROM:
STAN WEEDON, ASSISTANT PLANNING
DIRECTO~
SUBJECT: MEETING OF OCTOBER 10, 1989
LOCAL HISTORIC SITE DESIGNATION
OCEAN APPLE ESTATES (610 NORTH OCEAN BOULEVARD)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approving an Ordinance 70-89 for the designation of 610
North Ocean Boulevard (Ocean Apple Estates) as a Local
Historic Site pursuant to the request of the property owner
Roderick T. Wilson and the recommendation of the Historic
Preservation Board.
BACKGROUND:
The owner has requested that the City designate the subject
property as a Local Historic Site and submitted the required
nomination report and designation report. The subject property
is comprised of 2.5 acres on both the landward and seaward sides
of State Road A-l-A and is improved with a two bedroom principal
residence, garage, swimming pool and three quest cottages. The
house is significant because it was initially owned by Fontaine
Fox, a world-~amous cartoonist (Toonerville Trolley) and was
designed by renowned Florida architect John Volk. The house is a
Cape Cod bungalow style beach cottage.
The Historic Preservation Board at its meeting of Friday,
September 15, 1989 accepted the nomination report. At a special
meeting of the Board on Wednesday, September 20, 1989 the Board
held a public hearing and recommended that the City designate the
subject property as a Local Historic Site.
There are special circumstances which affect the property and have
resulted in the Historic Preservation Board recommending two
conditions to the designation. These conditions are that no more
than three dwelling units may be constructed on the property, and
that any dwelling unit constructed east of State Road A-l-A shall
not exceed 2,400 square feet of gross floor area.
In addition, the Ordinance contains a sunset provision which
stipulates that the ordinance shall expire if three specific
variances are not approved by the Historic Preservation Board
within 60 days of the effective date of Ordinance 70-89. These
three variance/waivers are:
1. A variance from the minimum lot size of the R-l-AAA
District for that portion of the property lying east of
State Road A-1-A; and
2. A variance from the side yard setback of the R-l-AAA
District to allow a five (5) foot setback on the north
and south property lines of that portion of property
lying east of State Road A-1-A; and
II
3. A waiver of the 80 foot right-of-way requirement for
State Road A-1-A within the boundaries of the Fontaine
Fox Local Historic Site and the establishment of a 60
foot requirement for the purposes of permits and
development orders which may be issued by the City for
the subject property.
PLANNING AND ZONING BOARD CONSIDERATION:
This item does not go before the Planning and Zoning Board.
RECOMMENDED ACTION:
By motion, approve Ordinance 70-89 thereby designating 610 North
Ocean Boulevard (Ocean Apple Estates) as a Local Historic Site to
be known as the Fontaine Fox Historic Site.
Attachments:
- Ordinance 70-89
SW/FOXDOC
MEMORANDUM
TO: Members of the De1ray Beach Human Relations Committee
FROM: Joseph Valentino, Chairman
SUBJECT: RESIGNATION
DATE: October 2, 1989
I, Joseph Valentino, hereby resign my membership and position as
Chairperson of the Human Relations Committee.
I feel that I am not accomplishing what I had anticipated. As a result,
it has affected my general health. Under these circumstances, someone,
other than myself, can make the HRC a more viable and effective
organization.
I thank all those who have demonstrated confidence in me and who have
assisted me in the efforts of this Committee. Any manner that I may be
of assistance to the ensuing Chairperson, he or she may contact me.
Most sincerely,
cf: ~~ cIat-~
Joseph Valentino
lamb
cc:
City Co;unission
Malcolm T. Bird,
John W. Elliott,
Services Group
Interim City Manager ~
Assistant City Manager, Management
Jv.txt
\5
MEMORANDUM
TO:
MALCOLM BIRD - INTERIM CITY MANAGER ,
LULA BUTLER ~ DIRECTOR, COMMUNITY IMPROVEMEN~
FROM:
SUBJECT:
APPOINTMENT OF MEMBER TO EDUCATION BOARD
OCTOBER 3, 1989
DATE:
The Education Board is requesting that the City
the vacan t pos i tion on the Education Board.
recommending for the Commission's consideration,
of either Cynthia Gracey or Alice Finst.
Commission fill
The Board is
the appointment
LB:DQ
L/2
A:Agenda.Oct
1\0
[ITY DF DELRAY BEA[H
~~
CITY ATTORNEY'S OFFICE
3!O S.l !'; STRUT, StTi'! - LJli.R.\'r' 8L\('J-l. H.ORIDA 334,1\3
.In: '2.J.~.-1\('11 r/UTOPILR ~n7/~7i\-l-75S
!!;Er10RANDUN
Date: October 5, 1989
To; City Commission
From: Herbert W.A. Thiele. City Attorney
SUbject: Settlement Offer in Currie v. City of Delray Beach
and Palm Beach County
Tbe City Attorney's Office is now j,n receipt of a formal offer
to settle the litigation now on appeal entitled Robert Currie,
et al, v. City of Delrav Beach and Palm Beach County.
You may recall that following an adverse jury verdict in this
case, the trial judge has entered an Order, both on its own
motion and in response to the City's motion, which overturned
completely the jury's verdict and ordered a new trial in this
matter. The Plaintiffs have now lOdged an appeal of this
decision of the trial court before the Fourth District Court of
Appeal of Flori.da, and the City and County have cross-appealed
on other--matters.
While this matter is now in its early stages before the
Appellate Court, the City's outside counsel who has led the
defense of this case has now received an offer to settle the
matter from the attorney representing the Curries. This offer
of settlement would be the payment of the sum of $130,000.00
from each of, the two Defendants, the City and Palm Beach
County.
Due to our position on the facts of this case, as well as the
prov~s~ons contained in the sovereign immunity legislation
appearing at Florida Statutes Section 768.28, it is our recom-
mendation on a technical basis that this settlement offer be
rejected by the City Commission. By copy of this memorandum to
the City Manager's Office, we are hereby requesting that this
matter be placed on the next City Commission agenda for City
Commission review and a decision on this settlement offer.
In the interim, if you would like any details concerning this
litigation matter, please contact the City Attorney's Office,
v1f\
HT:sh
cc: Malcolm T. Bird, Interim City Manager
Lee R. Graham, Risk Management Director
Kent Pratt, Esq.
\1
CITY ATTORNEY'S OFFICE
TEL ~Io.
407 278 4755 Oct 06,89 16:01 P,02
[IT' I F I ELlA' BEAtH ~, "'~'i!'~'~,,"' ,,'
~' .~, ~U':I"~' ',"'" "",," "
"'i; ,'~~;'~~ t';;:":'\:::',:,:""r;:":~"}',,,,, ,:.'",'" "- .:", '," ;'
. ., ,--,tl11i/j;, "",' ;i,<:,i~~~(:i:I~~i,;!I':i!l(i,l:ii:".i!;~ii!'iii"""".,'.
,,' ""~',,"',roI!III~~,ftl~~,, ....,.~~'''~,.."..,_'Jl.,w,~'!YjIIJlj!!,'"!''!,',lillt''.,,,..,.::1", i,~',:ll....,: ,> _"1,1".",,,..,; .',. -. ,. '1""'11 ,1","I""_,~"J',,
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. './":>"";"~'1" .... 4~ -;'~"':J:jV:f~,I-
" 'Fr-, ,,' ",.: ',~: ~~:':"",:I;(, ':':!'.,;:~, ~ :;~ '." ,~",,;: "" .~'
....:.l<:/
CITY ATTORNEY'S OFFICE
310 S,l!.1St STREET, SUITE 4 DURAY BEACH, FLORIDA 334S3
407/243.7090. TELr:COPIER 4071278~75S
MEMORANDUM
Pate: October 6, 1989
To: City Commission
From: Jeffrey S. Kurtz, Assistant City Attorney
Subject: City of Delray Beaoh v. Ma.son Equipment Compa.ny a.nd
Elgin l"lanufacturina settlement Offer of ~1.5, 000
Lee Graham, '1'ony RamoS of Peterson & Bernard, and mysel.f
attended a mediation with representat.ives of Mason Equipment
company and Elgin ManUfaoturing on, Friday, october 6, 1989.
The firm of peterson and Bernard was retained by the city in
1986 to represent us against the retailer (Mason) and manufac-
turer (E1,gin) of a street sweeper which had burned in 1985.
The street sweeper caught fire and burned due to it being
defectively manufactured, l'esultlng: in the City incurring
damages of $66,500 for a repla.cement machine and approximately
$28,000 for rental of an interim machine while we completed our
bid process on the new machine and delivery of said machine.
Unfortunately, the Blgl,n SweepeJ: bUJ:nt two months after t,he one
year warran,ty had expired and that constitutes the emphasis of
the Defendant's defense. Trial on this matter has been
schedUled for the, docket. beginning October 30, 1989. The
Defendants' Motions for summary Judgment on the warranty issue
were defeated, and absent settlement, the City expects to
receive a favorable jury verdiot.
The mediation has been ci:mtinued until Friday t October 13 to
allow the, City commission to consi,der the offer of $12,000 from
Elgin and $3,000 from Mason for a total of $15,000. The
parties are also to explore other avenues of settlement,
incJ.udlng th.e possl1:l1l1ty of receiving a reconditioned sweeper
from Elgin.
It is the City
mendation that
settlement.
Attorney's Office and the Risk Manager's recom-
the city commission reject the $15,000 offer of
,
Should you have any questions, please do not hesitate to
contact our office.
JSK:sn
co: Maloolm T. Bird, Interim City Mlina'1er
Robert A. Barcinski, Assistant'City Mana'1er
David Huddleston, blrector of Finance
Lee R. Graham, Risk Management Director
((?A
300 West Atlantic Avenue . Delray Beach, Florida 33444,3666
(407) 243,7888 Fax (407) 243,7816
. Ii'
IJ~
Delray Beach Police Department
CHARLES KILGORE
Chief of Police
MEMORANDUM
TO:
~h
Malcolm Bird, Interim City Manager
Charles Kilgore, Chief of Police
October 2, 1989
FROM:
DATE:
SUBJECT:
AGENDA REQUEST FOR EXPENDITURE OF
LAW ENFORCEMENT TRUST FUNDS
As you are aware, we are in the final stages of preparation
for the Accreditation process. One area of unforeseen
expense in order to comply with an accreditaiton standard
requ~res that we outfit our marked patrol units with various
items that will allow us to better respond to emergency
situations. These items include first aid kits, fire
extinguishers, flares, disposable blankets and traffic
accident investigation materials. All these items will be
stored in rubber containers and carried in the trunks of our
patrol units.
It is estimated that the cost to outfit each
approximately $133.50, with a total need of
equip forty (40) patrol vehicles.
car will
$5,340.00
be
to
po
HARLES KILGORE
Chief of Police
CK/RML/gb
Attachment
PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER
l~
^
ARTHRITIS FOUNDATION ~
~7
~)k
p(01,,cr
MID EAST BRANCH
FLORIDA CHAPTER
EXECUTIVE BOARD
1\bCi<,i.'i/ED
SEP 2 11989
Mr, John F. Wymer. Jr.
P,eJiden/
September 20, 1989
CITY MANAGERS OFFICE
Mr, Jeff Koons
ViC(J PrelJdenl
Mr. Rupert Mock
VicePresidenf
Mr. Jack Porter
VicaPrGJ!dGnl
Mr. Malcom Bird
City Manager
100 N.W. 1st Avenue
De1ray Beach, FL 33444
Mrs. Earl Haywood
SeCtOIOfy
Mrs. Groce Gasper
rl9aSUftilf
BOARD OF DIRECTORS
Mr. Donald Calloway
Donald A, Fliehs. O. D.
Joseph Z. Forslot, M.D,
Mrs. Grace Gosper
Cynthia Gusfafson. M.D
Mrs. Earl Haywood
Mrs. Afy Khcmnei
Mr. Ron S. Kochman
Mr. Jefl Koons
Mr. Richard J. Lake
Mrs. Patrick Malone
Mr, Eugene McDonald
Mr. W. Rupert Mock
Ira Pardo. M,D
Mrs. Grace Perry
Mr, Jock Porter
Michael Schweitz. M.D.
Mr. William I. Tracy
John C. Whelton, M.D,
Mr. John F. Wymer
Dear Mr. Bird:
Last year we were required to pay a $300.00 fee
for an Occupational License under the charitable
Solicitation Code in order to solicit in the
City of Delray Beach.
During a recent conversation with your Sign and
License Administrator, Joyce Desormeau, I was
informed that that fee could be waived. Could
you please place the Arthritis Foundation on the
adjenda for consideration by the City Committee?
Thank you very much.
SilinelY, ,. /J.
J/(1 ~
P~ ~~ht:~r.
Executive D~~~or
PWP:elm
2930 Okeechobee Blvd., West Palm Beach, FL 33409
Phone WPB (407) 478-1166' Boca Raton/Delray (407) 278-2701
\9
C I T Y
COM MIS S ION
DOCUMENTATION
TO:
ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
J-t..;f~
FRANK R. SPENCE, DIRECTOR
(~VELOPMENT SERVICES GROUP
\"Jili~,(J ~UC~C.b.-
DAvID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
VIA:
FROM:
SUBJECT:
MEETING OF OCTOBER 10, 1989
REQUEST FOR WAIVER OF PROCESSING FEES,
DRUG ABUSE FOUNDATION OF PALM BEACH COUNTY, INC.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
qranting a waiver to the land use processing fees for a
conditional use and site plan submittal made by the Drug
Abuse Foundation of Palm Beach County.
BACKGROUND:
In October, 1988, property owned by the First Baptist Church of
Delray Beach was rezoned from R-1A to C.F. in order that a sale
to the Drug Abuse Foundation and an eventual change in use could
occur. The property is located at Swinton and S.W. 4th Street.
At that time, a request for the waiver of payment of rezoning
processing fees was granted.
The project is advancing to its next phase i.e. conditional use
processing and' site plans. By letter of September 19, 1989, the
Foundation is seeking relief from payment of processing fees
since it is an organization which is, in part, publicly
supported.
PLANNING AND ZONING BOARD CONSIDERATION:
This item does not go before the Planning and Zoning Board.
RECOMMENDED ACTION:
By motion, grant a waiver regarding payment of processing fees
for conditional use, site plan and variances which may be needed
for the present and future land use applications which pertain to
the Drug Abuse Foundation site at Swinton and S.W. 4th Street.
Attachments:
request letter of September 19, 1989
REF/DJK#52/CCWAIVER.TXT
2.t:>
DRUG ABUSE
lF~lUJ[M[Q)~ lIij~[M
of Palm Beach County, Inc.
OFFICERS
Claudia A Sweeney
President
Ernest G, Simon
Vice President
Addle L. Owens
SecretarYI Treasurer
Raymond E, Gerner
Past President
Richard Siemens
LIfe Director
DIRECTORS
Lorenzo Brooks
Donaid Snyder. M.D,
Leon Weekes
Simon Barnes
Sue McMaster
Kathieen Daley
Jerry Taylor
W Scott Tiernan
Herbert Gimelstob
Denny De Sio
Donald Ralph
Allan Taylor, M.Ed.
Executive Director
TREATMENT PROGRAMS
Screening. Evaluation. end
Case Management
Residential Services
Outpatient Services
Day/Night Services
Family Services
PREVENTION PROGRAMS
ALPHA I Program
Boynton Beach
ALPHA II Program
Boca Raton
ALPHA III Program
Delroy Beach
Early Intervention
Program
FOllow,Up and
Outreach Program
1m.
6. Linton Blvd., Suite 202, Delray Beach, .~L 33444 407/278-0000 732.{)SOO
September 19, 1989
Mr. Malcolm Bird
Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Bird:
The Drug Abuse Foundation of Palm Beach County, Inc. is
currently located in the City of Delray Beach and has
been for its 20 year 11 fe. We find ourselves in the
happy positie,('1 of acquiring our own faCility, the First
Baptist Church of Delray Beach, and are making applica-
tion for site plan and conditional use approval from the
City.
We are planning to operate a full service campus at this
site for the prevention and treatment of drug abuse in
this community. We have already received a change in
zoning for this property, and although we will not be
closing on the property until January 1992, we will now
be leasing the western-most two acres from the Church
and building the first component of our campus - a 40 bed
residential treatment facility.
The Drug Abuse Foundation of P.B. County, Inc. is a United
Way Agency and is also supported by public dollars from
cities such as Delray Beach, Boynton Beach, Boca Raton,
as well as Palm Beach County and Health and Rehabilitative
Services of Florida (HRS).
Our request to you and the City Commission is a waiver of
the, applicable site plan and conditional use fees for
the Foundation. We are a non-profit agency dedicated to
serving the community and we ask that the City further
show its support of the Foundation's endeavors in this
matter, if at all possible.
Si9-c~.rely:.-. ~~. . "
&~'C/'!4t~r?;...z:...'?2~~-c'/C~ y
Claudia A. Sweeney ./
President
RECIE~V!ED
'.. '-, t, !."
CAS/es
cc: David
Kovacs, Planning Director ~
---------------
"Working Together In Partnership For A Drug-Free Palm Beach County"
M E M 0 RAN DUM
TO: MALCOLM BIRD, INTERIM CITY MANAGER
FROM: DOROTHY ELLINGTON, COORDINATOR, COMMUNITY DEVELOPMENT fJ ~
THRU: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR
DATE: AUGUST 29, 1989
SUBJECT: AGENDA REQUEST/WAIVER OF POLICY
REGARDING CDBG FUNDING OF PROPERTIES
WITHIN THE DESIGNATED TARGET AREA.
The CDBG Program Statement of Policies and Procedures at
Paragraph C2 states that " only those properties located within
the boundaries of the CDBG designated target area are eligible
for housing assistance". We respectfully request that this
policy be waived to allow us to do eligibility determination of
an owner of property which lies outside these boundaries in order
to sUbsequently bring this property up to standard code.
Background
The Community Development Division received a referral from HUD,
Jacksonville office, regarding a resident of the city whose house
is in deteriorating condition requiring repairs. The householder
had written a letter to Congressman Harry Johnston requesting
assistance.
We have done an initial inspection of this property and
determined that it will need rehabilitation. Althouth we have
not done an extensive eligibility determination, our initial
investigation of the owners finances reveals that she is probably
eligible for CDBG funding. The property is located at 240 N. E.
20th Street.
Without a waiver to City Policy we cannot proceed.
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U.S. Deparlmenl
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Housing and Urban Development
,Llc.;kSt)llVllle Office Region IV
325 West Adams Street
Jilcksorlvill(~, FlomJ<l 32202.4303
4.6CMA
SEP 2 1 1989
Honorable Harry Johnston
Member, United States House
of Representatives
1501 Corporate Drive, Suite 250
Boynton Beach, FL 33426 j, ' '
Dear Mr. Johnston: Ju~1 ' ~'
This correspondence is in respo "" LU YUU.L l""lOe Olf
September 1, 1989, regarding your constituent Barbara Newell,
referenced in your letter as Document No. 8594-crd. In her
letter Ms. Newell inquires about the availability of housing
rehabilitation assistance for her property on 240 N.E. 20th
Street, Delray Beach, Florida.
. "~-:c-c:--,
'I
Delray Beach participates in the Community Development Block
Grant Program and receives funds every year from HUD, for a wide
range of community development activities, including funds for
the rehabilitation of owner-occupied single family properties.
We' suggest that Ms; Newell contact Mr. Robert Barcinski,
Assistant City Manager, City of Delray Beach, at City Hall,
100 N.W. 1st Avenue, or call direct Ms. Dorothy Ellington,
Program Coordinator, at (407) 243-7282 to inquire about her
eligibility to participate in this program and the current fund
availability for it.
We appreciate your interest in HUD's programs.
Sincerely,
(]tAtu. ~
'7';.im Chaplin
?anager, 4.65
-. ----.
RECEI'"
SEP25
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69
COMMUNITy
ADMINISrn,\
"i-"<"'i';' '.>;::,;,I.":',"',.~:",,:... I,';,':,
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C I T Y
COMMISSION
DOCUMENTATION
TO:
ROBERT A. BARC~ANT CITY MANAGER
F~E~E' DIRECTOR
(DEVELOPMENT SERVICES GROUP
\\~ ICv- <: \ .:J \/GUC.Al-
~ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
VIA:
FROM:
SUBJECT: MEETING OF OCTOBER 10, 1989
REQUEST FOR WAIVER OF RIGHT-OF-WAY DEDICATION
OLD HARBOR PLAZA
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
qranting relief from requirements for the dedication of
right-of-way for an expanded intersection at Federal
Highway and Linton Boulevard.
BACKGROUND:
On February 27, 1989, the Planning and Zoning Board approved a
preliminary plat for the creation of two parcels within what is
known as Old Harbor Plaza (northeast corner of Linton and Federal
Highway) . The purpose of the plat was to create a separate
parcel for the Amoco Station on the corner. As a condition of
approval written verification from the County was required that
there would be no additional right-of-way requirements along this
site.
By letter of March 9, 1989, (attached) the County stated the need
for additional' right-of-way. The applicant, by his letter of
October 2, 1989 (attached), is seeking relief from this
dedication requirement.
Since the writing of the County letter, the County Comprehensive
Plan has been adopted (but not yet certified). The City's Plan
which calls for dedications for expanded intersections pursuant
to the County's Thoroughfare Plan (Traffic Element A-2.2) has not
yet been adopted.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not specifically considered
this waiver request. It did however require confirmation that no
additional right-of-way would be required as a condition of
approval of the preliminary plat.
RECOMMENDED ACTION:
By motion, denial of the request for relief from the dedication
of right-of-way for an expanded intersection pursuant to the
County's Thoroughfare Plan.
Attachments:
*
*
*
Knight Enterprises, Inc. request letter of 10/2/89
County Engineering letter of 3/9/89
Portion of site survey
REF/DJK*Sl/CCHARBOR.TXT
Z:2..
,
Iiv~a:d of Count)' Commissi""c,',
Carol J. Elmquist. Chairman
Karen T. Marcus, Vic.:c Ch,lir
Carol A. Roberts
Ron Howard
Carole Phillips
\- c.( \ '
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IJ &tttlJ) fW.t P,
Cunt' Administra
, Jan Winters
- ftJ .l:\d., p~
DCPU111lcnc uf Engineer
.nd Public \Vork~
~
March 9. 1989
RECEIVED
ENGINEERING OEPT,
Donna Covelli
Caulfield and Wheeler
7301 A West Palmetto Park Rd.
Su ite IOOA
Boca Raton, FL 33433
K:JJ1<:ttr f:1.,IeIZc. y
SUBJECT:
EXPANDED RIGHT -OF-WAY REQUIREMENTS FOR THE NORTHEAST CORNER OF LINTON
BOULEVARD AND U.S.1. INTERSECTION
Dear Ms. Covelli:
I am writing in reply to your request for information regarding the ultimate
right-of-way requirements for the subject intersection.
The Thoroughfare Right-of-Way Protection Map which will be adopted as a part of
the 1989 Comprehensive Plan for Palm Beach County, designates this intersection
as an "Expanded Intersection".
Therefore, the following right-of-way will be required from the northeast corner
of the intersection:
On Linton Boulevard; 76' from centerline of right-of-way
On U.S.I.; 64' from centerline of right-of-way
This additional right-of-way should include a safe corner at the intersection
of the two rights-of-way. (the long chord of a 40' radius)
I hope this information is sufficient to fill your needs. Please do not hesitate
to contact this office if you have any questions.
Sincerely,
OFFICE OF THE COU TY ENGINEER
A~"
Engineering Asst. III - Traffic Division
RECEIVED
I.IAA 1 4 89
PLANNING
ASH: j r
~ Gates Castle, P.E., City of Delray Beach Engineering
File: Intersection "Linton Blvd. & U.S.I."
ash\linton.uSl
BOX 2429 WEST PALM BEACH. nORIDA 33402-2429 (407) 684-4000
"1\11 h'll..! (lpporlullil~ :\Ilirlll.lfi\l' :\clioll I:rllplo)cr"
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ReSident;
.
"1 Canmerciol Development / Mar "Ma1clgement
_...l.
I"~i
October 2, 1989
Mr. Malcom Byrd, City Manager
CITY OF DELRAY BEACH
201 N.W. 1st Avenue
Delray Beach, Fla 33444
RE: Waiver for Right-of-Way Plat Dedication
Dear Mr. Byrd:
We are currently processing a replat of Old Harbor Plaza to
create a separate parcel for the service station. The review
process requested additional right-of-way dedications which would
be severely detrimental to the eXisting property. In a previous
action by the City Council, a waiver was granted for a right-of-
way dedication in a similar circumstance regarding an Exxon
Station.
Relief is requested
Boulevard and U.S.
based on the fact
comprehensive plans
for the right-of-way dedications on Linton
Highway 1 for the total frontage. This is
that there had not been proved and adopted
to require this right-of-way dedication.
We would appreciate your scheduling this request for the waiver
of the right-of-way dedication at the Council's earliest
convenience. If I can be of any further assistance, please don't
hesitate to contact me.
Sincerely,
e~:!M~
Vice President
Planning & Development
cc: Mayor Doak Campbell
David Kovacs, Planning Director
Bill Knight
MALCBYRD.JSK
KNIGHT
NTERPRISES,
INC.
---------------
7000 West Comlno Reol . Boca Raton, Florida 33433-9984. (305) 395-9200/428,0110/734-4199
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C I T Y
COM MIS S ION
DOCUMENTATION
TO:
ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
~tK ;.~P~R
DEVELOPMENT SERVICES GROUP
VIA:
(
''-,
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DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: MEETING OF OCTOBER 10, 1989
MAJOR MODIFICATION TO A CONDITIONAL USE. EXPANSION OF
THE WALLACE AUTOMOBILE DEALERSHIPS AT LINTON AND S.W.
10TH AVENUE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a major modification to a conditional use.
The modification involves the addition of 5.8 acres to
the existing dealerships, existing and planned, which
are located north of Linton Boulevard and between
Wallace Drive and S.W. lOth Avenue extend northward.
BACKGROUND:
In a separate action on this agenda, the City Commission will
consider second and final reading of an ordinance which rezones
the property involved in the proposed expansion to the S.C. zone
district. With the enactment of the rezoning, it is appropriate
to act upon the conditional use application under which the
expansion will be allowed. The site and development plan for the
expansion is currently under review by the Planning and Zoning
Board.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of September 18, 1989, the Board held a public
hearing on the conditional use aspect of the development
proposal. The Board then unanimously recommended approval of the
conditional use request sUbject to the following conditions:
1. That the east boundary be designed in the manner as
desired by the applicant and as reflected on the sketch
plan; .
2. That lighting along S.W. 10th Avenue be a maximum of 40
foot-candles and be confined on-site.
3. That improvements to S.W. lOth Avenue be phased
corresponding with availability of the entire 50 feet
of required right-of-way.
4. That information regarding the adequacy of the employee
parking be provided with the site plan review
submission.
RECOMMENDED ACTION:
By motion, approve the major modification to a conditional use
request which provides for the addition of 5.8 acres to the
Wallace Automobile Dealerships on Linton Boulevard, based upon
the findings and subject to the conditions as recommended by the
Planning and Zoning Board.
Attachments:
cover sheet from the 9/18 P&Z report
map attachments from the 9/18 P&Z report
REF/DJK#52/CCAUTO.TXT
2..3
PLANNING B ~.JNING
CITY OF OELRAY
BOARD
BEACH
STAFF REPORT
MEETING OnE: SEPTEMBER 18. 1989
AG~ ITEM:
!II. B.
I TEN:
MAJOR MODIFICATION OF THE WALLACE DEALERSHIP CONDITIONAL USE ON THE
NOTRH SIDE OF LINTON BETWEEN GERMANTOWN ROAD AND S.W. 10TH AVENUE EXTENDED
.
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GENERAL
DATA:
OWner...........................William L. Wallace, Presiden~
Wallace Ford, Inc. and Wallace
Dodge, Inc.
Agent...........................Michael S. Weiner. Esq.
Location........................North side of Linton Boulevard,
between Germantown Road and S.W.
10th Avenue, if extended
northward
Property 51%e...................16.71 Acres (727,832 sq.ft.)
EXisting Land Use Plan..........c (Commercial)
Proposed Land Use Plan..........General Commercial
(Comprehensive Plan)'
City Zoninq.....................sc (Specialized Commerciall. poe
(Planned Office Center) and
R-lA (Sin9le-Family Dwelling
( District) (IN PROCESS OF REZONING
FOC AND R-lA TO SC).
Adjacent Zoninq.................North of the subject property is
zoned CF (Community Facilities).
South is zoned GC (General
Commercial), east is zoned RM-lS
(Multiple-Family Dwelling
nistrlct) and west is zoned SC.
Existing Land Use...............Existlng automobile dealerShip,
in part and vacant land, in part.
Proposed Land Use...............Automobile dealership
Water service...................Existinq 10" main located along
the south side of Linton Blvd.
and an eXisting 10" main along
the east side of Germantown Rd.
Existinq 6" and 8" mains located
on-site.
Sewer Service.... ...............Existing force main and 8" sewer
lines are located on-site.
ITEM: IlI.B
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111 . _ Condemned propert.y
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[ITY DF DELAAY BEA[H
100 N.W.1st AVENue
MEMORANDUM
DELRA Y BEACH, FLORIDA 33444
407/243-7000
TO:
Malcolm T. Bird, Interim City Manager
FROM:
~obert A. Barcinski, Asst. City Manager/Community Services
SUBJECT: PLAN CHANGE - CITY HALL EXPANSION PROJECT
DATE: October 6, 1989
Action
Commission is requested to approve a change in the City Hall Expansion
Plan which would provide additional space for the Data Processing
Department. The estimated cost of this change would be $40,000.
Background
The proposed plan change would add
Data Processing. The original plan
by approximately 288 square feet.
approximately 624 square feet to
would have only expanded this area
This request is for approval of additional architectural service to
redesign office space previously allocated in the original City Hall
expansion plan. During initial planning, space was allocated in the
former Planning Offices for Data Processing. Re-evaluation of space
needs have revealed that the Data Processing function requires more
space than originally allocated. Additional revisions will need to be
accomplished as the reallocated space takes a portion of the offices
designated for Signs and Licenses. Tentatively, we have determined
the costs of these changes both for architectural fees and
construction to b~ approximately $40,000. A change order is currently
being prepared and will be presented for ratification at your October
24th meeting.
A decision is needed now in order to avoid additional costs. Costs
would be higher if interior construction begins and then we make this
change. The contractor is ready to begin construction of partitions.
This change could be funded through savings costs realized from the
conference room adjustment and from bond interest earnings.
A formal change order will be presented at your next meeting. A
sketch of the proposed change is attached.
Recommendation
Approve plan change and authorize architect to proceed.
RAB/sfd
THE EFFORT ALWAYS MATTERS
24
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MEMORANDUM
TO: MALCOLM BIRD - INTERIM CITY MANAGER
FROM: LULA BUTLER- DIRECTOR, COMMUNITY IMPROVEMENT~
SUBJECT: REQUEST APPROVAL OF SUBMISSION OF GRANT APPLICATION TO
DEPT OF HOUSING AND URBAN DEVELOPMENT
DATE:
OCTOBER 5, 1989
Staff is recommending City Commission approval to submit an
application to the Dept of Housing and Urban Development for
funding for the Youth Sports Club Program in the amount of
$15,000.
The grant requires a 100% match of CDBG funds. The matched
monies will be taken from the unused portion of Housing
Rehabilitation funds from fiscal year 1988/89. The application
is required to be submitted to HUD by October 16, 1989.
The funds are to be used to provide assistance to public housing
agencies to combat drugs. The City will implement activities
under the administration of the Parks and Recreation Department
for the establishment of Carver Estates Baton and Drill Team,
Carver Estates Gymnastics Team and the Carver Estates Ocean
Awareness Club. The grant will also be used to upgrade the
existing softball field to be used by children living in the
project.
Staff recommends approval of the grant submission.
LB:DQ
L/2
A:Grant.CC
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2,5
REQUEST FOR GRANT ASSISTANCE FOR THE YOUTH SPORTS
CLUBS TO COMBAT DRUGS AT PUBLIC HOUSING SITES
PROPOSAL TO
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT
SECRETARY'S FUND DIVISION
FROM
THE CITY OF DELRAY BEACH
FLORIDA
\
NARRATIVE STATEMENTS
1) Describe any unique or innovative methods. approaches or ideas which
address the objective of establishing or enhanCing youth sports clubs
as a means of combatting drug usage or trade in public housing
developments.
The community of Delray Beach, Florida has long been aware of the
increasing "plague" that street drugs have brought to our young
people. Drug use among many young people often accompanies the lack
of direction and alternative activities that allow for a sense of
belonging and self-worth. The City. through its Parks and Recreation
Department. has developed a number of city wide programs which have
had a favorable impact upon our young people, including a large
percentage of youths from the Delray Beach public housing development
site. .
While these endeavors. which include the After School Recreation/Child
Care Program. Summer Day Camp Program and more recently the Kids and
Cops Program, have been extremely well received and successful, we
continue to seek additional offerings. This proposal provides the
opportunity for us to expand and create recreational programs which
are totally focused upon the needs and desires of those young people
living at our public housing development.
Carver Estates is Delray Beach's only public housing development. The
sports clubs' membership will come from the Estates. So as to develop
a strong sense of pride and community spirit we will allow the club
members. under the supervision of experienced recreational staff, to
organize. name. and plan the clubs' activities. Potential clubs could
include the Carver Estates Baton and Drill Team and/or the Carver
Estates Gymnasts Team. These clubs could perform and take part in
various city and community functions to include parades. the Delray
Affair (annual street fair) and area sporting events. Not only would
such participation create a sense of pride and self-worth. it would
also assist in the development of leadership and cooperative skills
that participants will use for the rest of their lives.
For those who might not desire to be quite so adventurous. other
alternatives would be available. For some time we have wanted to form
an Ocean Awareness Group. Living in a coastal area in South Florida
offers unique opportunities not only to recreate but also to study
this vast and amazing world. The formation of such a group or club
would provide these young people. who, through lack of occasion may
not be able to reap the full benefits of living in such a wondrous
area.
The activities would provide for a positive impact in an environment
that is known for its drug activities. Children living at Carver
Estates would be able to experience participation in activities that
would not normally be afforded to them.
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2) Describe the specific merits of the proposal including local
overnment and rivate sector financial and ro rammatic su ort,
related efforts to combat drugs in the community in general or
vicinit of the ublic housin site, other outh directed activities,
roven nature of the services to be rovided and the ca acit of the
communit to sustain both on oin and efforts be un as a result of the
availability of Special Project Funds.
The De1ray Beach Parks and Recreation Department has been offering
comprehensive recreational activities to its citizens for over
twenty-five years. Over the past fifteen years the Department has
operated a summer day camp program which is 70% subaidized by the City
and through the cooperation and support of the State Board of
Education provides each participant with a free daily lunch. In the
Fall of 1987, the After School Recreation/Child Care Program was
started. This program focuses on the needs of the many "latch-key"
children aged six through fifteen, by providing structured,
supervised, and meaningful recreational activities which allow t~e
development of long-term social and interpersonal relationships in a
non-school setting. In 1988 this program was expanded to three sites
which serve 250 children through the cooperation and generous
financial support of the Children's Services Council of Palm Beach
County. Due to the need for this type of program and its success, the
council has approved a renewal of its support for FY 89-90.
While the two above noted programs assist in this community's efforts
to combat drug use by our youth, a new program that was started only
two weeks ago takes an entirely different approach. The Delray Police
Department, in cooperation with local school offiCials. City
Administration, Parks and Recreation Staff and the Fraternal Order of
Police, has started the Kids and Cops Program. The purpose of this
program is to strengthen the relationships between our local youth and
members of the police department. Off-duty police officers have
volunteered their time to assist in the coaching and team activities
of the Delray Rocks Football Program. This program is sponsored by
the City's Parks and Recreation Department and is made up of community
youth, many of whom live at Carver Estates. The police officers will
also conduct seminars on topics to include drug abuse, alternatives to
criminal behavior, education, responsibility and real life
experiences. Additionally, the City, in its summer camp program
conducted major activities under the "Just say no to Drugs" program.
The children participated in an anti-drug march and received the award
from Florida Recreation and Park Association for its drug awareness
program.
By adding the option of sports clubs to our already existing efforts,
we will realize yet another avenue to reach our youth and show them
that we not only care about them but that we are demonstrating that
they are important to the community and even more crucial, that they
are important to themselves and that what they have to offer is
important.
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2) Merits of proposal - con't.
As can be seen, the community of Delray Beach Recognizes that it is
lucky to have concerned and resourceful citizenry and leadership. Our
recreational programs have not only expanded but have sought to be
creative in scope in order to meet the ever changing needs of those
served. Certainly ways and means will be found to continue the sports
club concept in future years if and when Special Project Funds are no
longer available.
3)
ua1ifications, ca abilities,
who will be res onsible
In order to facilitate your understanding of the makeup of our Parks
and Recreation Department a copy of the organizational structure is
attached. The overall administrative responsibility for the opera\ion
of our sports club program would fall into the capable hands of Ms.
Carol Olsen, Recreation Superintendent. Ms. Olsen has been with the
department since May 1983 (resume attached). The day to day operation
of the program would be the responsibility of Mr. Nathaniel Tucker,
Center Supervisor located at the Carver Community School Gymnasium.
Mr. Tucker has been with the city since February 1964 (resume
attached). While we would anticipate that some of the activities will
be conducted by existing staff we will need to hire a part-time play
leader to allow for the expansion of services on the grounds of Carver
Estates. The Estates has an all-purpose room, which with some
modifications could be utilized for some of the sports clubs'
activities. A copy of the job description for the play leader is
attached for review.
In that CDBG funds will be utilized for the cash match requirements,
Ms. Dorothy Ellington, Community Development Coordinator, will be
involved in various coordinative functions and grant monitoring
associated with this project. Ms. Ellington has been with the city
for one and a half years (resume attached).
We are pl~ased with the professionalism and organizational makeup of
our Parks and Recreation Department. In 1989 we were recognized by
the Florida Recreation and Parks Association for our work in drug
prevention activities and programs. A copy of their letter to us is
attached for your review.
4) Describe the a licant's and an ro osed subreci ient's ca abilities'
on oin or related efforts e erience' existin facilities; innovative
or proven techniques undertaken by the applicant or sub recipient which
will be applied in meeting this Special Pro1ects grant objective;
otential for the continuation of outh sorts club activities in the
future.
As can be seen from the preceding narrative statements, the City, in
cooperation with local school and community service officials, has
1
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4) The applicant's capabilities, ongoing efforts, facilities etc.-con't.
taken the initiative in creating and maintaining a highly responsive
recreational program. The addition of the sports club concept. will
serve to increase the overall effectiveness of our offerings for those
young people living at Carver Estates.
The activities of our sports clubs will be directed from two primary
locations. The Carver Community School Gymnasium is one of three
sites that participate in our current After School Recreation/Child
Care Program. Carver School is adjacent to the Carver Estates housing
development and serves upwards of 100 children daily, in our after
school program, the majority of whom live at Carver Estates. The
school's gymnasium is well equipped and will be an ideal location for
a number of sports activities. Due to its close proximity to the
development, there will be no transportation difficulties for the
participants. The second site is located within the housing
development itself. Carver Estates maintains outdoor basketball
courts as well as a softball field. While the courts are in good
condition the ball field will need some restoration to bring it on
line. In addition the housing authority administrative offices, which
are located at Carver Estates, includes an all-purpose room. This
room can be used for club membership meetings and/or other associated
activities.
The housing authority officials are excited about this opportunity and
are more than willing to cooperate in the formulation of these sports
clubs. Unlike some situations in other communities, the Authority and
the City staff have a good working relationship. In fact, for FY
89-90 the City will provide the Authority with the sum of $20,000
(CDBG funds) to help alleviate some extensive drainage problems at the
site.
It is this type of community cooperation and planning which has
allowed us to maintain and expand our recreational programs. There is
no reason to believe that our sports club program would be otherwise.
A good measure of success can be shown by the recent second year
renewal of financial support from the Chi1drens Services Council for
our highly successful After School Recreation/Child Care Program.
5) Provide the names of the Public Housing Authorities to be served, the
number of youths at each location anticipated to be assisted, the
severity of the drug problem at the local public housing development,
and the extent of local government (including law enforcement
authorities), housing authority or resident management groups planned
or actual efforts to rid the development of drugs.
Carver Estates is the only public housing development within the City
of Delray Beach, Florida. The Estates is made up of 200 residences
with a total population of about 600 individuals. Of this number
5
5) Provide the names of the Public Housing Authorities _ con't.
there are at lesst 150 children between the ages of six and fifteen.
While we cannot be certain how many of these children would care to
participate in this program we can estimate from other program
participation that we would expect 50 to 75 participants in our sports
club program.
In 1987, in an effort to curb the increasing drug problem at the
development, the housing authority decided to contract out for
security services. Off-duty Delray police officers make up this
security force. At this time ten to twelve officers are involved in
patrolling the development between the hours of 8 pm and midnight,
Monday through Thursday, and from 8 pm to 2 am on Friday, Saturdsy,
and Sunday. The primary mission of the officers is to provide high
visibility within the community. Over the past two years these
efforts have had a vast effect on the drug problem. The officers h~e
also been successful in working with the residents themselves to keep
"outsiders" from roaming freely within the community. This fact alone
was a large part of the past drug problem.
This is another area where we can denote cooperative efforts and
support between the City and Housing Authority. Due to the
Authority's limited financial resources the City subsidizes 30% of the
cost for these security services.
6) Describe the extent to which local sports organizations or major
sports figures are involved.
South Florida has the type of climate that lends itself to outdoor
recreational activity throughout the year. A number of sports figures
and organizations live or have training facilities within easy access
to De1ray Beach. The following are just a few of the potential
offerings:
1. Miami Heat Professional Basketball Team
2. Miami Dolphins Professional Football Team
3. Various Professional Baseball Spring Training Camps
4. Mission Bay: Olympic Swimmers Training Complex
In addition, dozens of golf/tennis professionals live in the area,
including Steffie Graf, Chris Evert, Doug Sanders and Greg Norman. It
is not unusual for these individuals to be available to assist with
youth oriented programs. A fine example would involve the Buckv Dent
Baseball School operated out of Miller Park which is one of De1ray's
parks and recreation facilities. Mr. Dent, who is the current manager
for the New York Yankees. arranged for one of his assistants to be
involved in Delray's summer camp program this past season. Various
one or two day clinics can also be arranged with current and former
major league players.
We have the resources available to us to provide a well-rounded
experience for our sports club members.
"
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7)
Describe the extent of Public
resident management support
coordination efforts.
Housing Authority and where applicable,
of the pr01ect including on-going
The Delray Beach Housing Authority's Staff are very supportive of the
idea for "Sports Club" being organized for children living in the
project. The Authority has experienced positive impacts from programs
already established by the Parks and Recreation department, where
Carver Estate children are participating. The Executive Director has
worked with City staff in the planning process for this grant
application. The Authority welcomes the increased activity and
recognizes the positive impact that may occur as a result.
Crimes and other disturbances associated with the drug problem at
Carver Estates have been decreasing significantly over the past 2
years as a result of the police security, organized seminar on "Say no
to drugs" activities and established recreation activities that
promotes organized, disciplined programs for the children. .The
authority has expressed its intent to a 100% commitment to assist the
City in project implementation.
8)
Describe the
private sector
match of local
extent of local government
contributions which exceed
CDBG or other local funds.
and/or other
the required
public and
100 percent
As can be seen from reviewing the preceding narrative responses, the
City of Delray Beach is involved in a number of programs and services
which have had a beneficial effect upon the youth and residents of our
housing development at Carver Estates. The recreational programming
provided to the Carver Middle School costs the city $70,000 annually.
One third of the program participants live at Carver Estates. These
in-kind services would equate to better than $23,000. The total
budget for our After School Recreation/Child Care Program for FY 89-90
is in excess of $192,000. The Children's Services Council is
providing $136,000. towards this program with the city providing the
balance. One fourth of the program participants live at Carver
Estates which would equate to $48,000 of in-kind services.
As noted in the fourth narrative statement, the City subsidizes 30% of
the security costs for Carver Estates. This amounts to $18,000
annually. For FY 89-90 we will provide the housing authority with
$20,000 in CDBG funds to help correct some extensive drainage problems
at the site.
The above examples demonstrate that the City of Delray Beach is 100%
committed to providing the best possible services to All of its
citizens. We are excited about the opportunities that the creation of
sports clubs can provide our young people.
7
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YOUTH SPORTS CLUBS
DETAILED BUDGET
ADMINISTRATION
ADMINISTRATOR. . . . . . . . . . . . . . . . . . . . . . $0
SITE SUPERVISOR................... $0
CONTRACTED INSTRUCTORS............$5460
MATERIALS(PAPER,FILES).............$200
OTHER (POSTAGE ,ADVERTISMENT,
PRE-EMPLOYMENT PHYSICAL)........$340
TOTAL............................. .$6000
STAFF AND EQUIPMENT
PLAY LEADER II (PART-TIME).........$3000
BASED ON 9HRS PER WEEK AT $6.41HR.
EQUIPMENT (BATONS ,BATS ,BALLS.BASES ,
TROPHIES.ETC.).................... .$1500
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4500
IMPROVEMENTS TO BALLFIELD
CARVER ESTATES
SODDING.......................... ..$3000
CLAY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2000
IRRIGATION AND WELL................$7000
BLEACHERS. . . . . . . . . . . . . . . . . . . . . . . . . . $2500
DUGOUTS. . . . . . . . . . . . : . . . . . . . . . . . . . . . $3500
SCOREBOARD. . . . . . . . . . . . . . . . . . . . . . . . . $500
WATERFOUNTAINS.....................$1000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $19,500
GRAND TOTAL (GRANT+CDBG MATCH).....$30.000
September 11, 1989
City of Delray Beach
100 Northwest First Avenue
Delray Beach, Florida 33444
RE: AMERICAN LEGION POST # 188 of Delray Beach
CARNIVAL
In an ongoing effort to continue to renovate the American
Legion Post #188 located on Northwest 8th Avenue and Martin
Luther King Blvd., I am requesting permission of the City
to hold the Carnival again this year.
The dates of November 20 through November 26, 1989 are being
requested for the American Legion Post to host the Carnival
again in Delray Beach at the site of Southwest 8th Avenue and
Southwest lOth Street, South of the Delray Beach Cemetery.
This location was a successful site for our last Carnival and
we would appreciate the City's consent for the American Legion
Post to host the Carnival.
All of the proceeds from this carnival is being used to renovate
the Post on Northwest 8th Avenue.
Thank you for your attention and prompt response. I look
forward to hearing from you so that final plans can be made
for the Carnival. I can be reached at 407-278-4136 and at
my address of 312 Northwest tenth Avenue, Delray Beach, Florida
33444.
Cordially,
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/ Mr. Lawrence E. IStraiIlge, Sr.
Post Commander
American Legion Post #188
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Z-7
ENGINEERING DEPARTMENT
M E M 0 RAN DUM
TO:
MALCOLM T. BIRD
INTERIM CITY MANAGER
THROUGH: ,9!:RANK R. SPENCE
~~IRECTOR DEVELOPMENT SERVICES
FROM: )1' ~~_ GATES D. CASTLE, P.E.
CITY ENGINEER
DATE: OCTOBER 4, 1989
SUBJECT: ATLANTIC AVENUE BEAUTIFICATION-PHASE II
------------------------------------------------------------
Attached for your review is change order #1 for the subject
project. Changes were required to meet FDOT requirements,
correct Architect oversights in bid preparation and to
reflect plan revisions. The attached table details the
changes, cost and explains the reason for changes. The
total increase in the Contract is $50,417.04, for a new
total of $678,384.54.
An Agenda Request form for this item is attached.
GDC:slg
Attachments
2~
ATLANTIC AVENUE BEAUTIFICATION - PHASE II
CHANGE ORDER #1
ITEM
Replace 20" Banner arms with
24" arms on street lights
(Phase I)
Add lower banner arms to
street lights (Phase I)
Add lower banner arms to
street lights (Phase II)
Replace PVC road crossings
with ductile iron pipe for
irrigation
Replace PVC road crossings
with ductile iron pipe for
electrical
Add 1500 S.F. Conc. Bench
slabs
Add 780 L.F. Conc. Curb
Add 132 L.F. 6" PVC
Roof Drain
Thermoplastic Strip-
ing
Total Cost Increase
F'
-~,..~..~ ~.':': -..
COST INCREASE
$4177.64
$4489.00
$3465.00
$8883.03
$8042.37
$4500.00
$11700.00
$3960.00
$1200.00
$50,417.04
.'
r
REASON
DDA Request
DDA Request
DDA Request
FDOT Require-
ments
FDOT Require-
ments
Architect
oversight in
bid prepara-
tion
Architect
oversight in
bid prepara-
tion
Design
Revision
Design
Revision
_~..... .'......: uu_,..;;"
CHANGE ORDER
No. 1
Dated , 198_
ProjeC!t No.
nt-l;=tnri("! Avpnnp 'RPrlllrifi("!;=ttinn _ Pht=l~p TT
ProjeC!t Name:
Owner: City of Delray BeaC!h, Florida
ContraC!tor:
Charles S. Whiteside, Inc.
ContraC!t Date: September 7, 1989
To:
Charles S. Whiteside
, ContraC!tor
You are direC!ted to make the following C!hanges in the subjeC!t C!ontraC!t:
See Attachment
whiC!h C!hanges are mqre specifiC!ally described in the attaC!hed amended plans, drawings, and
speC!ifiC!a tions.
The reason for the C!hange is as follows:
FDOT requirements, architect oversight
in bid preparation, design revisions as shown on attachment.
The C!ontraC!t priC!e and C!ontraC!t time shall be adjusted beC!ause of suC!h C!hanges as follows:
A~ ContraC!t Price
1. ContraC!t priC!e prior to this C!hange Order: $ 627 . 967. 50
Page One of Two Pages
CHANGE ORDER *___l
2. Net inC!rease resulting from this change order:
$50,417.04
3. Current contraC!t priC!e inC!luding this C!hange order: $ 6 7 8, 384 . 54
B. ContraC!t Time
1. ContraC!t time prior to this change order:
2. Net inC!rease resulting from,this C!hange order: Nn C'h"ng"
3. Current contraC!t time inC!luding this change order:
City of Delray BeaC!h, Florida, OWNER
By:
Attest:
City Clerk
City of Delray Beach
Approved as to form:
City Attorney
The above changes are acC!epted on , 198_. I understand that all thl
provisions of the ContraC!t Document related to Project No. which are no
inconsistent with the terms of -this Change Order shall remain in effect and apply to all worl
undertaken pursuant to this Change Order.
Witness:
, CONTRACTOR
By:
Title
As to Contractor
.,.
Page Two of Two Pages
'j
-l
I
,
RESOLUTION NO. 73-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELEAY
BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION
OF A SIXTEEN (16) FOOT ALLEY LYING WEST OF AND ADJACENT
TO LOT 8, RESUBDIVISION OF BLOCK 64, CITY OF DELRAY
BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF, RECORDED
IN PLAT BOOK 20, PAGE 39, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
WHEREAS,
fee-simple owners
Florida, according
in Plat Book 20,
and,
Roy B. Harp and Dorothy H. Harp, his wife are the
of Lot 8, Block 64, of the City of Delray Beach,
to a plat of the resubdivision of said Block recorded
Page 39, Palm Beach County, Florida Public Records,
WHEREAS,
abandonment of a
division of Block
Lynn Van Houghton, Agent,
portion of a 16 foot alley
64, City of Delray Beach,
has made application for
adjacent to Lot 8, resub-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DELRAY BEACH,
FLORIDA AS FOLLOWS:
SECTION 1. That pur$uant to Chapter 177. (5) of the Florida
Statutes, it is hereby determined to vacate and abandon all right and
interest it holds to the following real property:
A parcel of land being a portion of the 16 foot Alley
shown on the Plat of Subdivision of Block 64, accord-
ing to the plat thereof, recorded in Plat Book 20,
Page 39, of the Public Records of Palm Beach County,
Florida, being more particularly described as follows;
Commence at the Northwest corner of Lot 8, Block
64, of said plat of Subdivision of Block 64; thence
South along the West line of said Lot 8, for a
distance of 5.00 feet to the POINT OF BEGINNING;
thence continue South along said West line for a
distance of 20.80 feet; thence at right angles to
the previous course, West for a distance of 0.40
feet; thence at right angle to the previous course,
North for a distance of 20.80 feet; thence at right
angles to the previous course, East for a distance
of 0.40 feet to the POINT OF BEGINNING.
PASSED AND ADOPTED in regular session on this the , Ot'h day
of n~rnbo~ , 1989.
MAY 0 R
ATTEST:
City Clerk
~9
, "
E~~,'o~~' '"
LEGAL DESCRIPTION
Alley Abandonment Description
A parcel of land being a portion of the 16 foot Alley shown on the
Plat of Subdivision Of Block 64, according to the Plat thereof,
recorded in Plat Book 20, Page 39, of the Public Records of Palm
Beach County, Florida, being more particularly described as
follows;
Commence at the Northwest corner of Lot 8, Block 64, of said Plat
of Subdivison Of Block 64; thence South along the West line of
said Lot 8, for a distance of 5.00 feet to the POINT OF BEGINNING;
thence continue South along said West line for a distance of 20.80
feet; thence at right angles...to the previous course', West for a
distance of 0.40 feet; thence at right angle to the previous
course, North for a distance of 20.80 feet; thence at right angles
to the previous course, East for a 'distance of 0.40 feet to the
POINT OF BEGINNING.
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Joseph lij: "',Connor';',' ~<l:,<
Professi'opa~ 'ftand ',.::i1#',. ~e~or
1555 Soutj\I'''l,eaeiral'\ a.ighway
Delray Beach',"'Florida 33483
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Insurance Proara. Data: ~.
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Co..uni ty Panal No.
;, J.R.M. Date
Flood Zone
Base Flood Elevation
125102 0004 C
~e~t~'ber 30th, 19S2
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~EQdl Descriction:
Lot 8, Resubdvi,ion of Block 6~ City of Delray B2ach
Florida, accordIng to the plat Ihereof) recorded in piat 800'
20, Page 39, of the Public Record; of ~al. Beach County,
Florida.
Property Addre;s:
S)2 South S~lnton Avenue
Delray Be.ch, Florida
Ce.ti Ii ed To:
illite A, Young
Frances S, Youn!
eulfAtl.ntic Ti Ie Agency Inc,
Florid. Ho.e Loan Corporalion, and/or The Secretary of
Hou,ing and Urban Develop.ent, his successors and/or a,signs,
.s thetr interests oay app.ar.
60. 00'
a ".,&.
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Standard Survevor's Hates:
1. Lands shown her.on have not b.en abstracted by this office
for .asc.ents reservations or rights-of-oay of record.
2. Burin9 Relerence: B.aring. and/or Angles shown hereon
are relatlle to that line noted hereon as the 'SEARING LINE',
as oonu.ented in the field,
3. Elevations shown hereon, if anYI are relative to the
National Geodetic Vertical Datu. 0 1929.
4. The basis of this survey is the Legal Description provided
by the cl i en to
5, Underground i.provefoents were not located.
Additional Survevor's Notes:
Ihe one story Nood /...e garage encroach.s 0.3 fe.t loore or lessl
into the 16 loot dedicated alley alonq the We.'" property line,
I HEREBY CERTIFY Ihallhe skelch shown hereon and Ihe surlley on which II is based was done
under my supervision and is correcllo the best 0' my knowledge ilnd belle' rlnd thalli conlorms
to lhe appllcablo roqulremOnls 0' Chapler ~ 72 01 Iho Florida SI.llulus and Chapler 21 HH ollha
Florida AdminislraUlI8 COde:
NOle: This Document is not valid unless sealed with an embossed Surveyor's Seal.
Dateol Drawing: 8-I';.B~
Dal. 01 Surv.V: 8-1t!-89
FIe;d Book I ,pag. 30
J ph C, D'Conno
Prol.ssionalland Surv.yor
Florida Regislrallon No. 4562
JOSEPH C, O'CONNOR, INC.
Professional Land Survey Coruulcanc
40H 78-9249
1555 S. Federal Highway. Delray Deach, FL 33483
/1 ort')lt.:Js St.t.rvs!:I
,cif'r:
i01~e I f'l.a/U:.es
~u.n.9
REVISIONS
"_.4&.,, ,..,
9.20.g,. ., IJH.t....' $_".y...;
SCALE: /....30.
DATE: 8/11'/81
JOB NO,: 89o~"
ORAWN BY: .T.Ot:.
CHECKEO BY: ;7:01:.
ENGINEERING DEPARTMENT
M E M 0 RAN DUM
TO:
MALCOLM T. BIRD
INTERIM CITY MANAGER
THROUG~~RANK R. SPENCE
'V~IRECTOR DEVELOPMENT
FROM: ~~\ GATES D. CASTLE, P.E.
~ /CITY ENGINEER
SERVICES
DATE: OCTOBER 3, 1989
SUBJECT: ABANDONMENT OF A PORTION OF AN ALLEY IN BLOCK 64,
ADJACENT TO LOT 8
- - - - - - - - - - - - - - - - - - - - - - - -
Due to the minor extent of the abandonment request no
objections have been received or are anticipated.
Attached is the proposed Resolution for the abandonment of
the alley segment. It is requested that this matter be
considered by City Commission at their October 10th meeting.
An Agenda Request is attached for this item.
GDC:slg
Attachments
cc: City Clerk (w/copy of Resolution & Attachments)
Planning
\
RESOLUTION NO. 74-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER l65, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter l65, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter l65 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter l65, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land (s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner (s) of the land (s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained wi thin Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section l65.41 the Build-
ing Official caused the abatement action to be done; and,
Ii
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
::
;:
,
"
Ii
Ii
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
::J),
I'
---
Section l. That assessments in the amount of $631.40
Six hundred thirtx one and 40.100 dollars as shown by
the report of the C~ty Manager of the City of Delray a copy of which ~s
attached hereto and made a part hereof, are hereby levied against the
parcel (s) of land described in said report and in the amount (s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee,
PASSED AND ADOPTED in regular session on this the
of October ,l989.
lOth
day
MAY 0 R
ATTEST:
City Clerk
,
I'
ii
- 2 -
Res. No. 74-89
,
NOTICE OF ASSESSMENT
~E~-<-/ / (.1 /~ P9
Date '
TO: Higino Gago
ADDRESS: 3530 Boulevard Chatelaine, Delray Beach, Fl 33445
PROPERTY: 3530 Boulevard Chatelaine, Delray Beach, FI 33445
LEGAL DESCRIPTION:
Lot 7, Block 4, Chatelaine Plat #1 accordin~ to Plat
Book 29, Page 94 of the official records of Palm Beach County, Fl.
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $631.40 by resolution
of the City Commission of the City of Delray Beach, Florida, dated ~C~~./
/t ,1989, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 7-10-89
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You apvealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
x
You appealed the decision of the Building Official to the Board
of Construction Appeals on The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 7-23-89
at a cost of $631.40 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION.
--6~; ki7~ ;f~""
City Cler
----.------..------.------
- - _. . __.n _ _ ____,_~_.. _
RESOLUTION NO. 75-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ESTABLISHING GENERAL PROCEDURES TO PROVIDE
FOR AND ENCOURAGE PUBLIC PARTICIPATION IN THE PLANNING
PROCESS INCLUDING CONSIDERATION OF AMENDMENTS TO THE
COMPREHENSIVE PLAN AND EVALUATION AND APPRAISAL REPORTS.
WHEREAS,
comprehensive
Chapter 163;
the City of Delray Beach is preparing a new
plan pursuant to the provisions of Florida Statues,
and,
WHEREAS, Administrative Rule 9J-5.004 requires that general
procedures for public participation in the planning process be
adopted; and,
WHEREAS, the Planning and Zoning Board, as the Local
Planning Agency, and the City Commission have reviewed and
endorsed a public participation program which involves the public
in the decision making process;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1: That the City Clerk shall be responsible for
ensuring that the provisions of Florida Statues, Chapter 163 and
Administrative Rule 9J-S are met with respect to notice of pUblic
hearings before the Local Planning Agency and the City
Commission, thus providing that owners of real property are
given notice as to official actions which may affect the use of
their property; and, further, that prior to undertaking the
preparation of the comprehensive plan and any evaluation and
appraisal report, the City shall by reader advertisement in the
local newspaper solicit participation from the public in such
endeavors.
Section 2: Tha t in addition to the notices required in
Section 1, above, the Director of Planning and Zoning shall
provide for periodic newspaper accounts on aspects of the plan,
its elements, and results of any evaluation and appraisal report,
and further said Director shall, through pUblic work sessions
before the Local Planning Agency and the City Commission, provide
for public disclosure of the proposed plan, future plan
amendments, or the the results of any evaluation and appraisal
report.
Section 3: That all notices of pUblic hearings on the
comprehensive plan, amendments thereto, or evaluation and
appraisal reports shall provide for the receipt of written
comments; and, further, the Director of Planning and Zoning shall
identify all such correspondence either at public workshops or
other public meetings of the Local Planning Agency.
Section 4: That the Director of Planning and Zoning is
responsible for assuring that all required public hearings which
are to be held before the Local Planning Agency and the City
Commission are held in a timely manner.
Section 5: That each item of pUblic testimony shall be
recorded in the minutes of the Local Planning Agency and the City
Commission as appropriate, and that all written comments received
from the general public and property owners within the City are
dUly recorded as received in the minutes of the Local Planning
Agency; and, further, that the Director of Planning and Zoning
shall provide an appropriate response to each such item of
testimony either at the time the testimony is provided at a
public meeting or in written memorandum thereafter. ~l
-- - -. - ....-.----- ,.---- --'-
-------...--. ._~-----
Section 6: That the Director of Planning and Zoning shall
provide an "executive summary" of the proposed comprehensive
plan, and amendments thereto, and any appraisal and evaluation
report and these summaries shall be made available to the public,
at no charge, at the front counter of the Planning Office and at
the public library.
PASSED AND ~DOPTED in regular session on this the lOth day
of October, 1989.
Doak S. Campbell, III, Mayor
ATTEST:
Elizabeth Arnau, City Clerk
, , ,
- 2 -
Reso. No. 75-89
C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
~Jf~
VIA: FRANK R. SPENCE, DIRECTOR
('U'DEVELOPMENT SERVICES GROUP
",\~\.,~ C\..J u\ j ~ \JOv~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 10, 1989
FORMAL ADOPTION OF PUBLIC PARTICIPATION REQUIREMENTS
ASSOCIATED WITH THE COMPREHENSIVE PLAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a resolution which formally adopts aspects of
the public participation program associated wi th the
preparation of the Comprehensive Plan.
BACKGROUND:
In October, 1987, the City Commission in a work session endorsed
an extensive public participation program for the (then)
upcoming planning effort. Although that program greatly
exceeded the requirements of Administrative Rule 9J-S it did not
address some requirements (which were) however met) nor was it
adopted by resolution. )
In our review comments received from the D.C.A. the fOllowing
deficiency was, identified:
"9J-S.004 Although the City included a history of past
actions and the future steps to be taken to adopt this
comprehensive plan, it did not include an adopted ordinance
or resolution setting forth the general procedures to be
followed to encourage public participation in the planning
process, including future amendments and Evaluation and
Appraisal Reports (EAR)."
D.C.A. recommended that this objection be overcome by adding an
adopted resolution to the Plan which addresses the following
portions of 9J-S.004(2) and (3):
(2) (a) provisions to assure that real property owners are put
on notice, through advertisement in a newspaper of
general circulation in the area, of official actions
that will affect the use of their property;
(b) provisions to keep the general public informed;
(c) provisions to assure that there are opportunities for
the public to provide written comments;
(d) provisions to assure that the required public hearings
are held;
(e) prov~s~ons to assure the consideration of and response
to pUblic comments.
(3) Local governments are encouraged to make executive summaries
of (the) comprehensive plan available to the general pUblic
and should, while the planning process is ongoing, release
information at regular intervals to keep its citizenry
apprised of planning activities."
To: Malcolm Bird, Interim City Manager
Re: Formal Adoption of Public Participation Requirements
Associated with The Comprehensive Plan
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
Prior to direction to proceed with the public participation
program which was undertaken, the Planning and Zoning Board
reviewed and recommended that the program be followed. The Board
has not reviewed the response to the D.C.A. comment.
RECOMMENDED ACTION:
By resolution, formally adopt the general guidelines for public
participation in the planning process.
Attachment:
resolution
REF/DJK#52/CCPART.TXT