03-22-88 Regular
CITY OF DELRAY BEACH
REGULAR MEETING - CITY COMMISSION
March 22, 1988
7:00 p.m.
AGENDA
Commission Chambers
Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered at
this meeting or hearing, such persons will need a record of these pro-
ceedings, 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. Proclamations:
a. National Community Development Week - April 2-9, 1988.
b. Days of Remembrance of the victims of the Holocaust - March
22, 1988.
c. Delray Beach Library Golden Jubilee - April 17, 1988.
d. Arbor Month - Month of April, 1988.
5. Agenda approval.
Action: Motion to approve.
PUBLIC HEARINGS
6. ORDINANCE NO. 8-88: An Ordinance annexing a 6.37 acre parcel
located at the northwest corner of Federal Highway and LaMat
Avenue with a zoning of SC (Specialized Commercial) (Chamberlain
Property).
7. ORDINANCE NO. 9-88:
Historic District.
An Ordinance establishing the Del-Ida Park
REGULAR AGENDA
8. ORDINANCE NO. 4-88: (First Reading) An Ordinance dealing with
height regulations throughout the City.
9. ORDINANCE NO. 11-88: (First Reading) An Ordinance for the
annexation of Enclave 6, located at the southeast corner of
N. W. 22nd Street and N. W. 2nd Avenue.
10.
ORDINANCE NO. 14-88: (First Reading)
annexation of Enclave 7, located at the
W. 22nd Street and Lake Drive.
An Ordinance for the
southwest corner of N.
16.
17.
14. COMMISSION ACTION RE: Request of a variance by Jeanne Stahl to
allow the construction of a dock at 1026 Seasage Drive.
15. COMMISSION ACTION RE: Request for Administrative Relief from
Charles N. Rhein to allow the use of compact parking spaces at
845 N. E. 6th avenue.
COMMISSION
application
application
ACTION RE: Establishment of filing fees
for "Nomination of Historic Designation" and
for "Certificate of Appropriateness".
for
for
COMMISSION ACTION RE:
Center SAD (Special
office".
Modification to the Pylon Professional
Activities District) to allow "business
18. COMMISSION ACTION RE: Request for $5,000 additional funding
toward Directions 88 under the auspices of the Delray Beach
American Assembly.
19. FINAL PLAT REOUEST: Request for final plat for L.L. Park of
Commerce located on North Congress Avenue east of Congress just
south of the L-32 Canal.
20. CONDITIONAL USE AND SITE PLAN REOUEST: Requesting a conditional
use and attendant site plan for expansion of Mazda Dealership on
South Federal Highway and LaMat. (Owner - William Chamberlain,
by Agent - Mark Marsh).
21. COMMISSION ACTION RE: Addition of Parks & Recreation surplus
equipment for sale at auction on April 16th.
22. CONDITIONAL USE AND SITE PLAN REOUEST: Requesting a conditional
use and attendant site plan to establish a Day Care Center on
Lake Ida Road (Owner - Community Child Care Center, by Agent -
Currie, Schneider & Associates).
23. COMMISSION ACTION RE: Change Order #1 to a contract with
Pathway Enterprises, Inc. relative to AlA sidewalk project.
CONSENT AGENDA
24. COMMISSION ACTION RE: Request for solicitation permit for the
Delray Beach Police Explorer Post 319 to conduct a fund raising
event.
25. RESOLUTION NO. 17-88: A Resolution amending the 1987-88 budget
relative to grant awards.
26.
27.
28.
RESOLUTION NO. 18-88:
ment action required to
245 N. W. 14th Avenue.
A Resolution assessing costs for abate-
remove an unsafe building on property at
RESOLUTION NO. 19-88:
ment action required to
244 S. E. 3rd Avenue.
A Resolution assessing costs for abate-
remove an unsafe building on property at
COMMISSION ACTION RE:
Jimmy Lee Murry, 315
Treatment Plant.
Acquisition of property from Mr. and Mrs.
S. W. 7th Avenue, adjacent to the Water
29. COMMISSION ACTION RE: Acauisition of nronertv frnm Mr ~nA Mrc
32. COMMISSION ACTION RE: Reappointment of Jeanette Slavin
(Commissioner Dougherty's appointee) to the Delray Beach Human
Relations Committee to a term ending March 15, 1990.
33. COMMISSION ACTION RE: Reappointment of Alvero Vera as a regular
member of the Board of Adj ustment to a term ending March 15,
1991.
34. COMMISSION ACTION RE: Reappointment of three members to the
Board of Construction appeals to terms ending January 8, 1990:
Patrick Keen, Master Electrician
Del Swilley, General Contractor
Paul Myers, Master Plumber
35. COMMISSION ACTION RE: Award of Contract.
Liquid chlorine - Jones Chemical -
$125,000
PROCEDURAL ITEMS
36. Comments and Inquiries on Non-Agenda Items by Citizens.
37. Approval of minutes of Regular Meeting of March 8, 1988 and
Special Meeting of March 10, 1988.
38. Comments and Inquiries on Non-Agenda Items:
a. Commission
b. City Attorney
c. City Manager
AGENDA 3-22-88
Page 3
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
CITY MANAGER
SUBJECT:
AGENDA REPORT - MEETING OF MARCH 22, 1988
DATE:
March 18, 1988
PUBLIC HEARINGS
Item No. 6 (Ordinance No. 8-88). This is a Public Hearing and Second
Reading of an Ordinance annexing a 6.37 acre parcel located at the
northwest corner of Federal Highway and LaMat Avenue. The property is
owned by William Chamberlain who is represented by Mark Marsh of Digby
Bridges, Marsh & Associates.
The property is contiguous to the City and is located within Enclave
50, an enclave which is classified as "A" meaning that upon annexation
and development no substantial cost to the City will arise. A request
for SC zoning accompanies the annexation. The owner contemplates
expansion of an existing Mazda Dealership. Previously opposition to
the annexation had been expressed. A letter received by staff from
the adjacent property owner's representative indicates that no
objections to the annexation, rezoning, site plan, conditional use
approval and abandonment of right-of-way exist.
Recommend ao\?roval of Ordinance No. 8-88 annexing a 6. 37 :c~:
located at the northwest corner of Federal Hiahway and L M
with a zonina of SC (Specialized Commercial).
1~~~~;
Item No. 7
Hearing of
District.
distributed
(Ordinance No. 9-88). This a Second Reading and Public
an Ordinance establishing the Del-Ida Park Historic
Information regarding the composition of the district was
to you earlier.
Recommend approval of Ordinance No. 9-88 establishin9 the Del-Ida Park
Historic District.
REGULAR AGENDA
Item No. 8 (Ordinance No. 4-88) Proposed Zone Code Amendment re Height
Regulations. This is First Reading of an Ordinance dealing with height
regulations throughout the City. The Ordinance amends height regu-
lations in each zone district maintaining the 60 foot height limitation
which presently exists. The Ordinance applies the 60 foot limitation
along defined corridors or development areas, eliminating the require-
ment that each structure above 48 feet be treated as a conditional use.
In December 1987, the City Commission directed the Planning & Zoning
Board to address the City's height regulations in conjunction with our
Land Use Element of the Comprehensive Plan. Proposed regulations were
aired at a Public Hearing on February 22nd, continued to February 29th,
following which the Planning & Zoning Board recommendations were made.
Staff reports and minutes for each of the formal Board meetings are
included in your agenda packet.
In response to public comment, the Planning & Zoning Board modified the
initial height regulation proposal to extend the 60 feet overlay
designation to the Central Business District; delete a proposal
designating certain areas in which a 90 foot limitation might apply;
adding an additional area to the 60 feet overlay designation between
Federal Highway and Dixie Highway south of Lindell; and add minor
housekeeping items to maintain code consistency. Subsequently the
Community Redevelopment Agency Board requested that height
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AGENDA REPORT
Meeting of March 22, 1988
regulations be applied in the Central Business District as they are
applied elsewhere to other properties. The Ordinance as it presently
reads in Section 31(A) (2) (b) (3) (iii) (on page 14 of 4-88) requires
property zoned Central Business District (CBD) to have a setback of two
feet for each foot in height above 48 feet, a requirement not found in
other zones.
The areas of the City in which the existing 60 feet height regulation
would be applied are found in Ordinance No. 4-88 on page 12 and are as
follows:
a. East of Congress Avenue and west of I-95.
b. Property encompassed by the Delint DRI and property west of West
10th Avenue, south of Linton Boulevard and east of I-95.
c. Linton Boulevard, Germantown Road, S. W. 10th Street and I-95.
d. Either side of Atlantic Avenue between S. W. 1st Street and N. W.
1st Street extending from I-95 to Swinton Avenue.
e. Property bounded by the F.E.C. Railroad and the Intracoastal
Waterway between Allen Avenue on the south and the City limits on
the north.
f. Between the one-way pair system of Federal Highway, 5th and 6th
Avenues.
g. Ei ther side of Linton Boulevard extending 200 feet north and
south of its ultimate right-of-way extending from I-95 to Dixie
Highway.
h. Linton Boulevard on the south, the F.E.C. Railroad on the east,
the combination of South ridge Road and Swinton Avenue on the
north and S. W. 4th Avenue on the west.
i. All property within the Central Business District.
j. Property encompassing Lindell Boulevard on the north, Federal
Highway on the east, Dixie Highway on the west and the City
limits on the south.
Each of these are predominantly high intensity use areas and extend
along the City's primary north, south and western corridors.
Recommend approval of Ordinance No. 4-88 on First Re~d~na ~~bie~t to
deletion of languaae contained applving mandatory setb c re ire ents
to propertv zoned CBD.
Item No. 9 (Ordinance No. 11-88). This is an enacting Ordinance for
the annexation of Enclave 6 which consists of two parcels totaling .76
acres, each of which contains one single family home. Proposed zoning
for the enclave is R-l-AA. The level of service is classified as "B"
meaning that service meets general standards and is equal to that
provided to similarly situated areas in other parts of the City.
This action is pursuant to recommendations accepted by the City
Commission earlier in the Enclave Report which in turn was prepared
pursuant to Florida Statutes requiring an urban services plan as a
prerequisite to certain annexations. This enclave is one of five
chosen for first processing.
Recommend approval of Ordinance No. 11-88 annexing Enclave 6 with
proposed zonina R-l-AA.
Item No. 10 (Ordinance No. 14-88). This is an enacting Ordinance for
the annexation of Enclave 7 which consists of two parcels totaling one
acre containing two single family homes on two lots. Proposed zoning
for the enclave is R-I-AA. The level of service is classified as "B"
meaning that service meets general standards and is equal to that
provided to similarly situated areas in other parts of the City.
Recommend approval of Ordinance No. 14-88 annexina Enclave 7 with
proposed zonina of R-l-AA.
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AGENDA REPORT
Meeting of March 22, 1988
Item No. 11 (Ordinance No. 15-88). This is an enacting Ordinance for
the annexing of Enclave 9 which contains one parcel totaling .45 acres
consisting of one single family residence and one lot. Proposed zoning
for the enclave is R-l-AA. The level of service is classified as "B"
meaning that service meets general standards and is equal to that
provided to similarly situated areas in other parts of the City.
Recommend approval of Ordinance No. 15-88 annexing Enclave 9 with
proposed zoning of R-l-AA.
Item No. 12 (Ordinance No. 16-88). This is an enacting Ordinance for
the annexing of Enclave 11 which contains one parcel totaling .79 acres
consisting of one single family residence. Proposed zoning for the
enclave is R-I-AA. The level of service is classified as "B" meaning
that service meets general standards and is equal to that provided to
similarly situated areas in other parts of the City.
Recommend approval of Ordinance No. 16-88 annexing Enclave 11 with
proposed zoning of R-l-AA.
Item No. 13 (Ordinance No. 17-88). This is an enacting Ordinance for
the annexing of Enclave 12 which consists of two parcels totaling .85
acres consisting of one existing residence and one vacant single family
lot. Proposed zoning for the enclave is R-I-AA. The level of service
is classified as "B" meaning that service meets general standards and
is equal to that provided to similarly situated areas in other parts of
the City.
Recommend approval of Ordinance No. 17-88 annexing Enclave 12 with
proposed zonina of R-l-AA.
Item No. 14 Request for Variance by Jeanne StahL This item is an
appeal for a variance regarding a boat dock which is built at 1026
Seasage Drive. The applicant, Jeanne Stahl, appeared at your March 8th
meeting at which time I requested a two week postponement to research a
question regarding the building permit. In your agenda packet is a
copy of plan submitted when application was made for a building
permit. It clearly indicates the distance from the north property
owner's line is less than required and that the boat dock must be moved
to provide 10 feet of clearance or a variance must be applied for.
This is dated March 4, 1987. The City Engineer will be present to
address any questions which might arise in this connection. City staff
have recommended a denial of the variance.
Recommend Commission action following an appeal for a variance by Ms.
Jeanne Stahl.
Item No. 15 Request for Administrative Relief to Parking Requirements.
This item is a request by Charles N. Rhein in conjunction with a
proposed dental facility to be located at 845 N. E. 6th Avenue. The
administrative relief requested is to allow the use of compact car
parking spaces to be used in meeting on-site parking requirements.
These requests are processed through the Technical Review Committee for
recommendation with final action by the City Commission.
This item was properly requested by the applicant through his letter of
February 18, 1988. The project because of its small scale is not
subject to site plan review and approval by the Planning & Zoning
Board. The Technical Review Committee considered the staff analysis
and recommended approval for the relief requested.
Recommend administrative relief request
the use of compact parking spaces
reauirements at 845 N. E. 6th Avenue.
from Charles N. Rhein to allow
in meetina on-site parkina
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AGENDA REPORT
Meeting of March 22, 1988
This subdivision plat has been required as a condition of approval of a
site plan for a proposed ice manufacturing facility. The Planning &
Zoning Board approved the preliminary plat on February 22nd subject to
three stipulations which have been complied with and are included in
this action. The stipulations required that the site plans reviewed
first be submitted and approved by the Planning Department and that
improvement plans be acceptable to the Engineering Department. Both
have reviewed the site plan and recommend approval. The third
stipulation established a six month window for approval of the plat
which will have been met.
Recommend approval of a
Commerce located on North
of the L-32 Canal.
final subdivision plat for L.L. Park of
Congress Avenue east of Congress just south
Item No. 20. Conditional Use and Site Plan Approval for Expansion of
Mazda Dealership on South Federal Highway and LaMat. This item is for
approval of a conditional use request contemplating approval of
annexation of the Chamberlain property which was the subject of Item
No. 6 on your agenda. The request involves expansion of an existing
Mazda Dealership from its present 2.3 acres to a total of 6.37 acres.
The property to be developed includes a number of substandard houses
and deteriorating facilities which will be replaced under this proposal.
The site plan's traff ic circulation items include the abandonment of
Old Dixie Boulevard, an improved Avenue F connecting Dixie Highway to
Federal Highway, closure of an existing median cut in Federal Highway
and development of an alternate, new, median cut at Avenue F, subject
to the approval of the Department of Transportation. The Planning &
Zoning Board approved the site plan at their February 22nd meeting
subject to stipulations listed below.
Initially some opposition was generated from an adjacent property owner
to the north. That opposition has been withdrawn as noted in a
tranmittal letter contained in agenda Item No. 6 annexing this
property. The site plan has been reviewed under the "automobile
dealership" development standards of our City Code details of which are
included in your agenda packet. Building elevations and the
landscaping plan have been before the Community Appearance Board and
have been approved. The proposed use is allowed as a conditional use
in SC zones.
Recommend approval of conditional use and site plan approval for
ex~ansion of a Mazda Automobile Dealership along South Federal Highway
subiect to the followina stipulations:
A..
.b.a.
.!;;.a.
.Q...
~
That lighting fixtures on the developed ~ortion of the site be
reduced to 25 feet.
That existina encroachment of disPlay parking be allowed with~~
the parameter landscape along Federal Highway until such time __
Federal Highway is widened and that upon widening of Federal
Hiahwav. the parameter landscapina stri~ shall be provided ~;;:d
that this arrangement shall be formalized in an agreement
acceptable to the City prior to approval of the final plat.
That the final ~lat be submitted throuah the Planning & Zoning
Board to include all property within the parameter of the
proposed Mazda Dealership.
Final plat submission shall include construction docume~~~ f~r
short term improvements of Avenue F and aareements pertai_ ~d~ ~~
lona term improvements of Avenue F remedial work on F__ r _
Hiahwav. Except that if the Department of Transportation d~~s
not permit the median improvements required. then the median
improvements shall be deleted from the conditions of approval.
Approval set forth in this conditional use and site pian shall be
valid for a period of 18 months pursuant to City Code sections.
Item No. 21
23rd, you
Purchasing
Sale of
authorized
warehouse.
Surplus Property.
sale of surplus
During a tour
At your meeting on February
property located at the
of the Parks maintenance
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AGENDA REPORT
Meeting of March 22, 1988
CONSENT AGENDA
Item No. 24 Solicitation Permit, Delray Beach Police Explorers.
Police Explorer Post 319 is sponsored by the Delray Beach Police
Department. The Explorers are proposing to conduct a fund raising
activity which involves painting addresses on the rear of buildings
which face alleys. The numbers would be stenciled on the property in a
prominent location. It is believed the numbering will help business
owners as well as Police and Fire Departments when responding to
emergency calls. A $10 donation will be requested for each number
placed on a business.
Recommend approval of a solicitation permit for the Delrav Beach Police
Explorer Post 319 in order to conduct a fund raising event.
Item No. 25 Resolution No. 17-88 Budget Amendment. Subsequent to
adoption of the 1987-88 budget, the City received three grant awards.
Additionally, the 1986-87 Community Development Block Grant program
fund balance which carried into the new fiscal year must be
reprogrammed. It should be noted that this balance will be
reprogrammed to fund activities committed to during 1986-87 but not
paid for. Each of these items is included in this Resolution.
The grants received are as follows:
Comprehensive Plan assistance from the State
Department of Community Affairs
Historical Preservation Grant from the State
Division of Historical Resources
Rental Rehabilitation Grant from U. S. Depart-
ment of Housing and Urban Development
1986-87 CDBG fund balance
$ 37,756
25,000
142,900
104,390
Recommend approval of Resolution No. 17-88 amendina Resolution No. 39-
87 which adopted the 1987-88 budget.
Item No. 26 Resolution No. 18-88. The Resolution authorizes the City
to abate an unsafe building condition which exists at 245 N. W. 14th
Avenue that allows for a method to recover costs totaling $1,298.
Abatement of this unsafe building follows proper notification of
defects and appeal procedures provided for by a City ordinance.
Recommend approval of Resolution No. 18-88 abating an unsafe building
condition at 245 N. W. 14th Avenue.
Item No. 27 Resolution No. 19-88. The Resolution authorizes the City
to abate an unsafe building condition which exists at 244 S. E. 3rd
Avenue that allows for a method to recover costs totaling $2,090.
Abatement of this unsafe building follows proper notification of
defects and appeal procedures provided for by a City ordinance.
Recommend approval of Resolution No. 19-88 abating an unsafe building
condition at 244 S. E. 3rd Avenue.
Item No. 28 Acquisition of Property Adjacent to Water Treatment Plant.
The City Commission previously authorized staff acquisition of lots
adjacent to the City's Water Treatment Plant needed for the expansion
of the Plant. We have received an offer to purchase property owned by
Mr. and Mrs. Jimmy Lee Murry for $40,000. The property is located at
315 S. W. 7th Street and has been appraised at $38,500. Pursuant to
our policy, $500 in moving expense will also be allowed raising the
total acquisition price to $40,500. A copy of the letter of offer and
a contract for sale and purchase is included in your agenda packet.
Recommend acceptance of an offer from Mr. and Mrs. Jimmv Lee Murrv
sell Lot 8. Nichols Second Addition to the City in the a~;;;;nt
$40.000 plus $500 moving expenses and authorizin~ the City Att~r~~v
take the appropriate steps necessarv to consummate the transacti~~.
to
~~
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AGENDA REPORT
Meeting of March 22, 1988
Item No. 29 Acquisition of Property Adjacent to Water Treatment Plant.
The City Commission previously authorized staff acquisition of lots
adjacent to the City's Water Treatment Plant needed for the expansion
of the Plant. We have received an offer to purchase property owned by
Mr. and Mrs. Nieves Vasquez for $95,000. The property is located at
319 S W. 7th Street and has been appraised at $91,500. Pursuant to our
pOlicy, $2000 in moving expense, ($500 for the owners and $1,500 for
tenants who are presently on the property) will also be allowed raising
the total acquisition price to $97,000. A copy of the letter of offer
and a contract for sale and purchase is included in your agenda packet.
~e~~m~~d :~ce~.tance o~ ~~ of~eJ. ;~~m :~. ~~d ~~~. ~:e~~~ V::~ue: ~~
~~p ~ot ~ N1chols ec. - ~~~;~u~ to ~ f1tv ~ t~r a~ ~~
~~5t~~~ :'~~~ap~2r~~~0~:~~-;~~~~:xj;~;sc:ar;n~o a~~~~~~~~~~ tt~ee t~~~~a~~l~~~
Item No. 30 Delray Beach Human Relations Committee Appointments. The
Human Relations Committee consists of 14 persons each appointed for two
year terms. Members are appointed by a combination of the Commission
(4), the Nacirema (3), NAACP (3) and the Greater Delray Beach Chamber
of Commerce (3). The Chamber of Commerce has recommended the following
two year appointments:
Mark Little, 375 N. E. 3rd Street
Rusty Russillo, 240 N. E. 2nd Avenue
Tom Patterson, 5200 West Atlantic
These appointments fill two vacancies which presently exist and replace
one member, Carolyn Cunningham who did not wish to be considered.
Recommend ratification of thre~ ~ha:ber o~ ~~mme~c~ ~p~~~n~m~~:s ~~ the
Delrav Beach Human Relat10ns Co_m tt_e to _~__s e~_n_ ___c_____ 1__0.
Item No. 31 Delray Beach Human Relations Committee Appointments. The
Human Relations Committee consists of 14 members appointed from groups
identified in the previous agenda item. The terms of Willy J. Spivey,
Annetta Baldwin and Clifford Durden have expired. Each of these
members is eligible and seek reappointment.
Recommend r~tificati?n of ~h~:~ ~A~~~.::p~;~;~e~i~ t~ the Delray Beach
Human Relat10ns Comm1ttee t_ ___m_____1__ _____ ___ 19_0.
Item No. 32 Appointment to the Delray Beach Human Relations Committee.
The Human Relations Committee consists of 14 members appointed from
groups identified in agenda item 30. Board member Jeanette Slavin was
appointed by Commissioner Dougherty for a two year term which expired
March 15, 1988. Ms. Slavin requests reappointment and Commissioner
Dougherty recommends her to the Human Relations Committee.
,
~:~~~T~~~ ~':~~\:~~t ~:. C~~:~:~~~ne:laDvoi~9h~~~v': ~~~inveeeartOtet:: ~~T~g
::~i~~~ ~arc~~~: ~~90.
Item No. 33 Board of Adjustment Appointment. The Board of Adjustment
consists of five regular members, each appointed for three year terms.
Alvero Vera is presently serving as a member of the Board of Adjustment
and seeks reappointment to an additional three year term.
R~c~:me~d re:p~o;~Jr~;t ~: ~lvero Vera to the Board of Adjustment for a
three vear term endt_ M__c_ 15. 1991-
Item No. 34 Appointments to the Board of Construction Appeals. The
Board of Construction Appeals consists of nine members, each of whom
serve two year terms and represent various occupation groups required
on the Board itself. The terms of Patrick Keen, Master Electrician;
Del Swilley, General Contractor; and Paul Myers, Master Plumber have
expired. Each of these members is eligible for and seek reappointment.
-8-
AGENDA REPORT
Meeting of March 22, 1988
~:c~~~ind ~ent ff ;efr~k ~:e~ Maste~ ~:;r~an. ~ SWillei"
~~~era~ cO~ir~~~~~ :;t~;~i~ =~e~"f ;a:;~r Plum~:~ for i~~o~~~~~~~ ~~
the Board of Constru~tlo P 0 year ms end
.lllQ. .
Item No. 35 Bid and Contract Award. The following bid is recommended
for approval:
Liquid chlorine bid awarded to the low bid firm,
Jones Chemical for chlorine in one ton cylinders,
150 lb. cylinders and Hichlon in 100 lb. drums at
various unit costs.
'$125,000
-9-
[ITY DF DELRAY BEA[H
100 NW. 1st AVENUE
DELRA Y BEACH, FLORIDA 33444
305/243-7000
Item 35(b), Amendment 1 to a contract between the City of Delray
Beach and Sasaki Associates, Inc. Attached is an amendment to
contract between the City and Sasaki Associates for additional
design work in conjunction with the Atlantic Avenue
Beautification Project totaling $161,450. Additionally, the
amendment allows at the City's option for purchase of additional
architectural services from Sasaki detailed on pages 2 and 3 of
the amendment. Selection of options will be presented to the
city Commission in the form of additional amendment(s) to the
agreement depending upon subsequent assessment of their value to
the City.
I recommend this item be added as Agenda Item 35(b) and approved
as submitted.
""....1
,i .
F /~fc~
~:::;.. .
b(~
/
Sasaki Associates, Inc.
AMENDMENT
The Agreement between the City of Delray Beach and Sasaki Associates, Inc.
dated March 18, 1987, shall be amended as follows:
Article 2 - The Owner's Responsibilities
2.11 Provide a representative to weekly meetings in Delray Beach
with the Architect during the Construction Documents Phase for
work to be completed prior to December 1, 1988. This repre-
sentative's responsibility is to facilitate timely City review
and decisions on a continuous basis.
2.12 Obtain, process and facilitate agency permits and approvals
with information supplied by the Architect.
2.13 Acquire all easements necessary for project construction.
2.14 Obtain the necessary FP&L agreements to accomplish the
proposed street lighting.
2.15 Complete the FOOT turnover of Atlantic Avenue.
2.16 Determine the adequacy of the proposed plans to meet the
requirements of automobile traffic.
2.17 Obtain the necessary FOOT agreements to accomplish the
proposed road and sidewalk design.
2.18 Obtain the necessary FEC agreements to work within their
right-of-way.
Article 14 - Basis of Compensation
14.2.1 The total fixed fee for basic services (SA 6540.00) shall be
$161,450.
14.2.2 The compensation for basic services shall be scheduled as
follows:
Schematic Design Phase $ 12,800
Design Development Phase $ 32,000
Construction Documents Phase $ 71,785
Bidding & Negotiation Ph ase $ 8,973
Construction Phase $ 35,892
TOTAL BASIC SERVICES $161,450
Amendment Page 2
Article 15 - Other Conditions or Services
15.6 The "fixed limit of Construction Cost" shall be amended to
read $2,300,000.
15.14 Phasing - The project may be staged so that:
15.14.1
15.14.2
The portion from the eastern Swinton Avenue
right-of-way to the western right-of-way of Fifth
Avenue, with the exclusion of the FEC right-of-way,
may be scheduled so that construction shall be com-
pleted by December I, 1988.
The portion from Fifth Avenue eastward to the
Intracoastal Waterway including the FEC right-of-way
may follow, depending upon FOOT and FEC RR approvals.
15.15
Schedule - The work is to be scheduled such that construction
is accomplished from April to November.
The following Additional Services may be required. Compensa-
tion for these services shall be in accordance with paragraph
14.4 and shall not exceed amounts specified below without
prior written authorization:
15.16
15.16.1
15.16.2
15.16.3
The Architect will provide the services described
under Article I for the reconstruction, as needed,
of Atlantic Avenue and its drainage from Swinton
Avenue to Fifth Avenue, and lowering of the water
main as required by the reconstruction. Compensa-
tion for these services shall be $46,750.
(SA 6540.05)
As a part of the Construction Document Phase of the
work, the Architect will provide a plan and/or
specification for diverting pedestrian and vehicular
traffic during the two phases of construction.
Compensation for these services shall be $4,000
Phase One and $2,000 Phase Two. (SA 6540.06)
As a part of the Construction Document Phase of the
work, the Architect will provide a plan and/or
specifications for adjusting the signalization along
Atlantic Avenue during construction and to the new
condition that will exist after construction. Comp-
ensation for these services shall be $3,500 Phase
One and $2,000 Phase Two. (SA 6540.07)
Amen~ent
Page 3
Article 15 (continued)
15.16.4 The Architect will provide a detailed engineering
survey as necessary to effect proper engineering
design of the reconstructed Atlantic Avenue. Comp-
ensation for these services shall be $2,000 Phase
One. (SA 6540.08)
15.16.5 The Architect will provide a detailed estimate of
Probable Construction Cost including detailed
quantities and unit prices for the two phases of
construction. Compensation for these services shall
be $2,000. (SA 6540.09)
15.16.6 The Architect will provide the administration of an
accelerated design and bidding process. This
includes weekly meetings during the Construction
Document Phase of Phase One between the Architect
and a City representative. Compensation for these
services shall be $5,000. (SA 6540.10)
15.16.7 The Architect will, at the City's option, provide
full-time Project Representation during the Phase
One Construction period. One or more Project
Representatives will be available depending on the
contractors accelerated and possibly overtime
schedule to facilitate timely review and decisions
on a continuous basis. Compensation for these
services is estimated to be $38,000 based on a
twenty week construction schedule excluding re-
quirements for overtime work. (SA 6540.11)
Amendment
Page 4
IN WITNESS WHEREOF, the parties hereto have executed this Amended Agreement
on this day of , 1988.
ATTEST:
WITNESS:
CITY OF DELRAY BEACH: OWNER
By:
City Clerk
City of Delray Beach
Doak S. Campbell, III, Mayor
These Contract Documents Approved as to Form:
Assistant City Attorney
WITNESS:
As to Consultant
Richard H. Rogers, Principal
Sasaki Associates, Inc.
Consultant
0677A
Sasaki Associates, Inc.
P!,H1ning / i\rchitc>( 1111-('.' Ldf1d',c.q)(' ,bhitc'cltlr(' l ri ldn I \''-,igJ1
Civii Engineering / lilViror)lLH'11Ld .'wl\in>..:.
March 21, 1988
Mr. Walter O. Barry
City Manager
City of Delray Beach
100 N. W. First Avenue
De1ray Beach, FL 33444
RE: Atlantic Avenue Beautification Project
SA 6540
Dear Mr. Barry:
I am in receipt of your letter authorizing Sasaki Associates, Inc. to
proceed with services on the above referenced project as defined in
the City Commission action of March 15, 1988. We are proceeding as
authorized but require clarification regarding several scope items
outlined in your letter.
1. Phasing
1.1 We have excluded the FEC right-of-way from Phase One since
that area may cause delays. However, if the City is able to
obtain agreements with FEC within five weeks from today, we
can incorporate it into our documents.
1.2 Completion of construction by December 1, 1988 is based on a
ten week documents phase (beginning March 23), a six week
bid and award period and a twenty week construction phase.
Sasaki can only be responsible for the documents phase. We
will do our best to help the City monitor and identify prob-
lems, if they should occur, in the other phases.
1.3 Phase Two Construction is scheduled for completion in 1989,
subject to funding. If it Occurs in later years, the esti-
mate of construction cost and the design fees will require
adjus tment.
4649 Ponce de Leon Boulevard, Coral Gables, Florida 33146 305/6611346
Sasaki Associates, Inc.
Mr. Walter O. Barry
March 21, 1988
Page 2
2. Project Representation
2.1 The contract amendment allows for the City, at its option, to
retain Sasaki for full-time, on-site inspection services.
2.2 Based on the increased pressure on the construction phase
(twice the work in the same amount of time) we believe the
City will require at least one full time Project Representa-
tive to facilitate timely review and decisions on a continu-
ous basis.
3. Costs
3.1 Your letter requests deletion of construction costs for
"fast-tracking." In fact, those costs will increase due to
the anticipated overtime schedule the contractor will be
forced to maintain to complete twice as much work. However,
you have combined two phases, so some phasing and escalation
costs can be deleted.
3.2 Project Representation can be provided by Sasaki at the City's
option, refer to item 2 above.
4. Left-Turn Lane
4.1 My recommendation at S.E. 3rd Avenue is to provide the
merchants with adequate left-turn movement, either through
signalization, stop signs or a left~turn lane; your letter
requires a left-turn lane.
4.2 We have spent many hours during the past week (and weekend)
studying the implications of re-introducing the left-turn lane
and find the following:
4.2.1
It can physically be accomplished without traffic or
safety hazards and will not require additional
design or construction time.
4.2.2
The merchants on the north side of the street be-
tween 3rd and 4th will not be able to have the
sidewalk widened in front of their stores. (They
should be informed.)
4.2.3
All on-street parking on the south side of the block
between the FEC and 3rd, and between 3rd and 4th,
will be lost. Total of seven spaces.
Sasaki Associates, Inc.
Mr. Walter O. Barry
March 21, 1988
Page 3
4.3 In light of the above, we believe your traffic consultant
should study the viability of using a delayed signal, since
this is only a three-way intersection.
5. Surface Treatments
5.1 In discussions with Mr. Church on March 18, 1988, we reviewed
the optional treatments suggested. He agreed that the alter-
nates identified required additional design, drawing and
specification work which could not be accomplished under the
accelerated schedule. (Remember that you have asked us to do
twice as much work in the same time frame with no increase in
fee. )
5.2 We believe that a specification alternate of concrete vs. unit
pavers is possible, but not banding or tile.
We have already forwarded a contract amendment as requested and are
proceeding to set up our first coordination meeting with Mr. Walker at
3:00 p.m. on March 22, 1988.
If you have any questions on the above, please don't hesitate to call
or join us at the coordination meeting.
Sj:rx, ~
Ian A. Nestler
Senior Associate
IAN/lgc
0742A
cc: G. Church
J. Walker
N. Davila
R. Rogers
M. Feltham
)PLANNING & iuNING
CITY OF DEL RAY
BORRD
BEACH
MEETING DATE:
STAFF REPORT
~.v)J
0~ _~s
ll'-fJ.o .4-'1>"
:J'r
MARCH 21, 1988
AGENDA ITEM:
IV. C.
ITEM:
;4J
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.
,
,
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..
CONSIDERATION OF WATER SERVICE AGREEMENT (VICKERY) FOR PROPERTY LOCATED
WEST OF MILITARY TRAIL. SOUTH OF ATLANTH~ AVFNTlF
....
'-
IV
..
2l
GENERRL
DRTA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Edward K. Vickery
Location........................East side of S.W. 51st Terrace;
west extension of Jefferson Road;
west of Military Trail
Description.....................The South 1/2 of the North 2/5 of
the West 1/2 of the Southeast 1/4
of the Southeast 1/4 of the
Southeast 1/4, less the West 30
feet hereof for Right-af-Way,
Section 14, Township 46 South,
Range 42 East, Palm Beach County,
Florida.
Parcel Size.....................l acre
Jurisdictlon....................Palm Beach County
County Zoning...................AR (Agricultural/Residential:
Farming or 5 acre lots)
Current Use.....................One single family home
City Land use Plan..............SF (Single Family)
Sewer Service...................Septic system existing
,
t..
ITEM: 1Jl. ~
Water Service...................Requires extension of service
".
.
'.
ITEM BEFORE THE BOARD:
The action requested of the Board is that of making a
recommendation relative to issuing a water service agreement
for this property. The recent guidelines as recommended by
the Board will be used as the basis for forming the Board's
recommendation.
ANALYSIS:
~1 Eliqibility for annexation: There is no portion of the
the property currently eligible for annexation. The subject
property is located west of Military Trail, an area in which
unwritten City Commission pOlicy appears to allow extension
of water service with no clear future annexation schedule in
place. Thus, the water service agreement provides the
appropriate vehicle at this point in time.
~2 Status of use with respect to the Land Use Element and
potential/applicable City Zoninq: The City Land Use
designation of this property is (SF) Single Family. The
existing use of this property is one single family home on a
one (1) acre parcel of land, presently an allowable use
within this designation. The property is not served by an
acceptable street system; thus, it may not be desirable to
annex it, and this residential enclave, in the future. The
County Land use Designation is high density residential.
The recommended future land use for this area is for
property aggregation and redevelopment with access off
Military TraiL
~3&4 Ability to serve: The City presently has a 8" water
main to the north of this site at the southwest corner of
Atlantic Blvd. and Military Trail. That main serves Pine
Plaza. Service can be provided by the extension of a 2"
Polypipe type line approximately 240 feet southward from
this existing 8"line. The applicant will be responsible for
the cost of the installation of this additional 240 feet of
pipe. This individual 2" main would be private i.e. the
City will not be responsible for the extension beyond the 8"
main. The proposed extension would be removed if and when
redevelopment occurs.
On March 7,1988, the Palm Beach County Health Department
informed the City of Delray Beach that it will withhold
approval on future applications for watermain extensions due
to the City's current water status. SUbsequently, the City
Commission at its meeting of March 8, 1988, authorized the
purchase of granulated activated carbonfilters for
installation at the series 20 wellheads. With these in
"
..
TO:
RE:
Plann~ and Zoning Board ..
Water~rvice Agreement - Vicker~
Page 2
place, the contaminating volatile organics can be stripped
from the water allowing the series 20 wellfield to come
back on line, thus alleviating present water shortages.
Due to this present water situation, this water service
agreement can be approved but actual connection should not
be allowed until the present water situation improves.
This site is served by a septic system and gravity sewer is
not available to this area.
#5 Code Compliance: The current Land Use of single family
residential is consistent with the Land Use Plan and the
potential zoning once the property is annexed. An internal
and external code inspection was conducted on March 9, 1988,
to determine if overcrowding or severe code violations
existed. No violations exist other than the previously
noted situation regarding a lack of appropriate access.
ASSESSMENT:
Under normal circumstances, providing service to this site
would not burden the water system. In light of Delray
Beach's current water situation, staff recommends this water
service agreement be approved but not executed until the
present water crisis has been elevated.
ALTERNATIVES:
1. Forward this request with a recommendation for
approval, with the stipulation that it will not be
executed until such time as mandatory water
conservation measures have been lifted.
2. Forward with a recommendation of denial, or
deferral, until such time as the present water
situation has improved.
3. Continue with direction.
RECOMMENDED ACTION:
By motion, upon a finding that the requested water service
agreement meets the evaluation guidelines for water service
agreements adopted by the Board, the request of a water
service agreement be forwarded to the City Commission with a
recommendation that it be approved. Execution of the water
service agreement should be deferred until the present water
shortage is over.
ref:PD#4/A:vickery
\
\ . \.
[ITY DF DELRAY BEA[H
~iY",J
(} 7f
;r1Y~
I 'i
100 NW. 1st AVENUE
OELRAY BEACH, FLORIDA 33444
305/243.7000
MEMORANDUM
TO:
Mayor and Members of City Commission
Walter O. Barry, City Manager l~~" --- ~
PLANNING & ZONING BOARD ACTIONS vv--- ~
March 22, 1988
FROM:
SUBJECT:
DATE:
Attached are memos to me from the Director of Planning & Zoning
regarding actions taken at the Planning & Zoning Board meeting
of March 21st.
The first details certain comments made in opposition to the
annexation of enclaves scheduled for consideration on tonight's
agenda. It appears that item e under comments from Bill Murtha
should be addressed. It is possible that payment for costs of
water connections made during the enclave process can be spread
over a five year period on an installment basis using market
rate interest on the balance outstanding. The other items
appear to have been answered at the Planning & Zoning Board
meeting.
Item 17 regarding the pylon Professional Building generated
considerable discussion at the Planning & Zoning Board last
evening. The Planning & Zoning Board recommended in favor of
the specific use request but did agree to stipulate that
concerns regarding security at the entry, a wall to the north, a
hedge to the south, and drainage to the north be addressed and
resolved prior to any additional use requests or modifications
to the SAD and that physical solutions be provided within 120
days of approval of this use request to the pylon SAD.
These items do not change the recommendations made in the agenda
report.
WOB:nr
Encl
'^
TO
Waltee::\s P:~~
David J. Kovacs, Director
Department of Planning and Zoning
[ITY OF
DELRAY BEA[H
~~(i
. DEPARTMENTAL
CORRESPONDENCE
FROM
SUPPLEMENTAL CITY COMMISION DOCUMENTATION
MEETING OF MARCH 22, 1988 - AGENDA ITEM 8
ENCLAVE ANNEXATIONS
DA TE March 22, 1988
SUBJECT
At its meeting of March 21, 1988, the Planning and Zoning Board
conducted its public hearing on this subject and did forward a
recommendation that the enclaves be annexed.
However, during the public testimony, objections were raised.
These objections included:
Marilvn Carr. Citizens Aqainst Political Annexation
(CAPA). questioned the City's authority to rezone the
properties. She referred to section 4 of the Enclave Act
which required that the City not prohibit continuance of an
existing use. It was explained that section 4 was
specifically referring to "use" and did not include the term
"zoning".
Bill Murtha. CAPA. raised or demanded the following:
a)
an exact accounting of the differences
County RS zoning and City R-IAA zoning
Board responded only to the question of
stating both districts allowed single
residential units;
between
the
use by
family
b) that the enclave question is in litigation since a
suit was filed in October, 1987. He stated that
the Court has not told the City that it could
continue the annexation process. The Board
responded that the City is proceeding upon the
knowledge of the City Attorney who is our legal
advisor in this matter. And, that the Court has
not told the City that it could not proceed.
c) a claim that the City has not directed the enclave
annexations to be pursued; the Board responded
that upon acceptance of the Enclave Report
direction was given, and funding authorized. to
proceed with the enclave annexations.
g
~:\1 362
THF Ef'FORT ALWAYS MATTERS
To: Walter O. Barry, City Manager
Re: Supplemental City Commission Documentation
Meeting of March 22, 1988 - Agenda Item 8
Enclave Annexations
Page 2
d) that the City misled individuals into believing
that once annexed, County taxes would not have to
be paid. The Board informed Mr. Murtha that such
a representation was not accurate. Mr Murtha
produced literature distributed by the City at the
time of enclave referendum which supported his
claim.
e) that the City misled individuals into believing
that properties which connected to the water
system post annexation through the enclave process
would have any charges allocated over a five year
period instead of all charges paid at the time of
installation. He produced documentation to that
effect. He then claimed that individuals have
been forced to pay full costs when they annexed
and sought water service. The Board responded
that 1) individuals who voluntarily sought
annexation for water service did indeed have to
pay all charges at the time of installation of
service, and, 2) the City Commission would have to
deal with the representations made regarding
allocation of payment over a period of time.
Larry Shramko, owner of Lot 2 Hiqh Acres Addition A.
located in Enclave 12: Objected to the annexation. His
property is on a well and is on City sewer. His objections
followed the reasoning expressed by Mr. Murtha. A primary
objection was to an increase in taxes. The Board noted that
the property tax increase on all of Enclave 12 would be less
than three hundred dollars.
There were also claims, by individuals representing property
owners who did not appear, that a specific owner did not receive
notice. A review of the files showed that the named property
owner was on all mailing lists and was on the "mailing label"
reproduction.
The above is provided for information and documentation purposes.
c:
City Clerk
City Attorney
Project File
DEPARTMENTAL
CORRESPONDENCE
TO
Walt~: o~\f.arrY, C~Y ~an.ager
~ (L\ J \j ~UOP
David J. ovac~Jnirector -~
Department of Planning and Zoning
[ITY OF
DELRAY BEA[H
~(i
FROM
SUBJECT
SUPPLEMENTAL CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 22, 1988 - AGENDA ITEM 17
PYLON PROFESSIONAL BUILDING S.A.D. MODIFICATION
DATEMarch 22, 1988
At its meeting of March 21, 1988, the Planning and Zoning Board
conducted its pUblic hearing on this item. There were several
residents present and objections were aired regarding physical
aspects of Pylon Professional Building and the resulting impacts
upon adjacent properties.
While there were no objections to the specific use request before
the Board, it was felt by the Board and neighbors that the
adverse physical impacts should be corrected as a part of the
S.A.D. modification process.
Areas of Objections included:
improper buffering to the south,
improper drainage to the north,
improper bUffering/screening to the north.
improper use of the parking area in the evening
The Board addressed
reconunendation:
the
matter
through
the
following
1. to allow the specific tenants of National Film Service
and Strategic Training Systems to have occupancy;
2. that the concerns aired regarding security at the
entry, a wall to the north, a hedge to the south, and
drainage to. the north all be addressed and resolved
prior to consideration of any additional use requests
(i.e. modifications to the S.A.D.); and,
3. that physical solutions be provided for the above items
within 120 days of the approval of this modification.
If this is not done, the City will seek removal of
tenants.
The above recommendation accommodates the desire of the owner to
have his two tenants on the property as expeditiously as possible
and provides leverage to the City to have the adverse physical
impacts appropriately addressed.
c:
City Attorney
City Clerk
Project File
/'1
C\~ 16:"
THE EFFORT ALW.1YS MATTERS
".
> ......~....(....It""'..._."., "_.P- ",~-"'_'.,"!M"."'.:.,,,I
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,,." :
ORDINANCE NO. 8-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED
IN SECTION 29. TOWNSHIP 46 SOUTH. RANGE 43
EAST. WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED ON THE NORTH SIDE OF LA MAT AVENUE.
BETWEEN U. S. HIGHWAY NO. 1 AND OLD DIXIE
HIGHWAY; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO SC
(SPECIALIZED COMMERCIAL) DISTRICT; PROVIDING
AN EFFECTIVE DATE.
WHEREAS. William A. Chamberlain is the fee-simple owner
of Lots 10 through 21. inclusive; Lots 22 through 25. inclusive,
less the East 2.00 feet thereof; and the South One-Half (S 1/2)
of Lot 26. less the East 2.00 feet thereof, Block 13, DEL-RATON
PARK, according to the Plat thereof recorded in Plat Book 14 at
Page 9 of the Public Records of Palm Beach County. Florida;
together with that portion of the ten (10) ft. alley right-of-way
abutting Lots 21. 22. 23. 24, 25 and the South One-Half (S 1/2)
of Lot 26, Block 13, DEL-RATON PARK, and the East One-Half (E
1/2) of that portion of the ten (10) ft. alley right-of-way
abutting Lots 6, 7, 8, 9. 10 and the South One-Half (S 1/2) of
Lot 5, Block 13. DEL-RATON PARK, according to the Plat thereof
recorded in Plat Book 14 at Page 9 of the Public Records of Palm
Beach County. Florida (abandoned alleys as recorded in Palm Beach
County Official Record Book 4230. Page 1983, and Official Record
Book 2965. Pages 1779-1782); together with Lots 31 through 42,
inclusive. and Lots 27 through 30, inclusive, less the East 2.00
feet thereof. and the North One-Half (N 1/2) of Lot 26, less the
East 2.00 feet thereof, Block 13, DEL-RATON PARK, according to
the Plat thereof recorded in Plat Book 14 at Page 9 of the Public
Records of Palm Beach County, Florida; together with that portion
of the ten (10) ft. alley right-of-way abutting the North One-
Half (N 1/2) of Lot 26 and Lots 27, 28, 29. 30 and 31, Block 13,
DEL-RATON PARK. and the East One-Half (E 1/2) of that portion of
the ten (10) ft. alley right-of-way abutting Lot 42. Block 13,
DEL-RATON PARK, according to the Plat thereof recorded in Plat
Book 14 at Page 9 of the Public Records of Palm Beach County,
Florida (abandoned alleys as recorded in Palm Beach County
Official Record Book 4230, Page 1983 and Official Record Book
2965, Pages 1779-1782); together with Lots 24 through 46. inclu-
sive, Block 2; Lots 1 through 10. inclusive, Block 14; Lots 1
through 9. inclusive, Block 13, DEL-RATON PARK, according to the
Plat thereof recorded in Plat Book 14 at Page 9 of the Public
Records of Palm Beach County. Florida; together with the West
One-Half (W 1/2) of the ten (10) ft. alley right-of-way lying
adjacent to Lots 1 through 9, inclusive, Block 13, DEL-RATON PARK
(abandoned by Palm Beach County Official Record Book 4230, Page
1983 and Official Record Book 2965, Pages 1779-1782), and the
West One-Half (W 1/2) of the ten (10) ft. alley right-of-way
lying adjacent to Lots 1 through 10, inclusive, Block 14,
DEL-RATON PARK (abandoned by Palm Beach County Official Record
Book 4222. Pages 1625-1627); together with that part of abandoned
Avenue "G". DEL-RATON PARK. according to the Plat thereof
recorded in Plat Book 14 at Pages 9 and 10 of the Public Records
of Palm Beach County. Florida. more particularly described as
follows: Begin at the Northwest corner of Lot 1. Block 13 of
said Plat of DEL-RATON PARK, thence East along the North line of
said Lot 1 a distance of 120.00 feet to the center line of the
alley right-of-way lying east of and adjacent to said Lot 1,
II
"
Ii
6
,
thence North along the Northerly extension of said center line a
distance of 50 feet to the intersection with the, Easterly
extension of the South line of Lot 10, Block 14. thence West
along said South line a distance of 120.00 feet to the Southwest
corner of said Lot 10, thence South ~ distance of 50 feet to the
said Point of Beginning; and.
WHEREAS. Roger G. Saberson. as
for William A. Chamberlain. has requested
the property annexed into the municipal
Delray Beach; and,
duly authorized Agent
by his petiUon to have
limits of the City of
WHEREAS, the subject property hereinafter described is
now contiguous to the corporate limits of the City of Delray
Beach, thus making said petition for annexation effective at this
time; and,
WHEREAS. the designation of a zoning classification is
Part of the annexation proceeding, and provisions of City Code
Section 30-23 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 COUNCIL OF
THE CITY OF DELRAY BEACH. FLORIDA, AS FOLLOWS:
Section 1. That the City Council
Beach, Palm Beach County, Florida, hereby
the following described land located in
Florida, which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
to-wit:
Lots 10 through 21, inclusive. and Lots 22
through 25. inclusive. less the east 2.00
feet thereof. and the South One-Half (S 1/2)
of Lot 26, less the East 2.00 feet thereof,
Block 13. DEL-RATON PARK. according to the
Plat thereof recorded in Plat Book 14 at Page
9 of the Public Records of Palm Beach County,
Florida;
TOGETHER WITH that portion of the ten (10)
ft. alley right-of-way abutting Lots 21, 22.
23. 24, 25 and the South One-Half (S 1/2) of
Lot 26. Block 13. DEL-RATON PARK, and the
East One-Half (E 1/2) of that portion of the
ten (10) ft. alley right-of-way abutting Lots
6, 7, 8, 9, 10 and the South One-Half (S 1/2)
of Lot 5, Block 13, DEL-RATON PARK. according
to the Plat thereof recorded in Plat Book 14
at Page 9 of the Public Records of Palm Beach
County, Florida (abandoned alleys as recorded
in Palm Beach County Official Record Book
4230, Page 1983, and Official Record Book
2965, Pages 1779-1782);
TOGETHER WITH Lots 31 through 42, inclusive.
and Lots 27 through 30. inclusive, less the
East 2.00 feet thereof. and the North One-
Half (N 1/2) of Lot 26. less the East 2.00
feet thereof. Block 13. DEL-RATON PARK.
according to the Plat. thereof recorded in
Plat Book 14 at Page 9 of the Public Records
of Palm Beach County. Florida;
- 2 -
Ord. No. 8-88
-I
TOGETHER WITH that portion of the ten (10)
ft. alley right-of-way abutting the North
One-Half (N 1/2) of Lot 26 and Lots 27, 28,
29. 30 and 31, Block 13. DEL-RATON PARK, and
the East One-Half (E 1/2) of that portion of
the ten (10) ft. alley right-of-way abutting
Lot 42, Block 13. DEL-RATON PARK, according
to the Plat thereof recorded in Plat Book 14
at Page 9 of the Public Records of Palm Beach
County. Florida (abandoned alleys as recorded
in Palm Beach County Official Record Book
4230, Page 1983 and Official Record Book
2965. Pages 1779-1782);
TOGETHER WITH Lots 24 through 46, inclusive,
Block 2, DEL-RATON PARK, according to the
Plat thereof recorded in Plat Book 14 at Page
9 of the Public Records of Palm Beach County,
Florida;
TOGETHER WITH Lots 1 through 10. inclusive.
Block 14, DEL-RATON PARK, according to the
Plat thereof recorded in Plat Book 14 at Page
9 of the Public Records of Palm Beach County,
Florida;
TOGETHER WITH Lots 1 through 9, inclusive,
Block 13, DEL-RATON PARK, according to the
Plat thereof recorded in Plat Book 14 at Page
9 of the Public Records of Palm Beach County,
Florida;
TOGETHER WITH the West One-Half (W 1/2) of
the ten (10) ft. alley right-of-way lying
adjacent to Lots 1 through 9, inclusive,
Block 13, DEL-RATON PARK (abandoned by Palm
Beach County Official Record Book 4230, Page
1983 and Official Record Book 2965, Pages
1779-1782), and the West One-Half (W 1/2) of
the ten (10) ft. alley right-of-way lying
adjacent to Lots 1 through 10, inclusive,
Block 14, DEL-RATON PARK (abandoned by Palm
Beach County Official Record Book 4222, Pages
1625-1627) ;
TOGETHER WITH that part of abandoned Avenue
"G", DEL-RATON PARK, according to the Plat
thereof recorded in Plat Book 14 at Pages 9
and 10 of the Public Records of Palm Beach
County, Florida, more particularly described
as follows: Begin at the Northwest corner of
Lot 1, Block 13 of said Plat of DEL-RATON
PARK, thence East along the North line of
said Lot 1 a distance of 120.00 feet to the
center line of the alley right-of-way lying
east of and adjacent to said Lot 1, thence
North along the Northerly extension of said
center line a distance of 50 feet to the
intersection with the Easterly extension of
the South line of Lot 10, Block 14, thence
West along said South line a distance of
120.00 feet to the Southwest corner of said
Lot 10. thence South a distance of 50 feet to
the said Point of Beginning.
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Ord, No, 8-88
The subject property is located on the north
s ide of LaMat Avenue, between U. S. Highway
No. 1 and Old Dixie Highway.
The above-described
acre parcel of land.
parcel oontains
more or less.
a
5.34
Seotion -2.L 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 30-23 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tracts of land hereinabove described are
hereby declared to be in Zoning District SC (Specialized
Commercial) 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 if any word, phrase, clause, sentence
or part of this ordinance shall be declared illegal by a Court of
competent jurisdiction, such record of illegality shall in no way
affect the remaining portion.
Section 7. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on this the
regular session
day of
on second and
, 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading Febru.ary 23, 1988
Second Reading
- 4 -
Ord. No. 8-88
DEPARTfv''=:NTAL
CORRESPONDENCE
TO
~. O. Barry, City Manager
"\J C'-0~ ~ ' \} \!) ~'Cce >-,-
David J. Kovacs, director
Department of Planning and Zoning
[ITY OF
DELRAY BEA[H
7~(j
FROM
SUBJECT
CITY COMMISSION DOCUMENTATION
FIRST READING OF ENACTING ORDINANCE FOR THE
MAZDA ADDITION WITH S.C. ZONING
DATE February 16, 198
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is that of first reading
of the enacting ordinance for the annexation, with zoning of
Specialized Commercial (SC), for the Mazda Dealership and
associated property located northwest of the intersection of
LaMat and Federal Highway. A public hearing will be held at
second reading which is tentatively scheduled for March 22nd.
This item has not yet cleared the Planning and Zoning Board, it
will be reheard by them on Monday, February 22nd. The first
reading of the enacting ordinance is being accommodated at this
time at the special request of Mr. Roger Saberson, attorney
representing the landowner.
BACKGROUND:
b
eM 362
THE EFFORT ALWAYS MATTER~
~
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To: City COllUl. ~sion Documentation
Meeting of February 23, 1988
Re: First Reading Of Enacting Ordinance For The
Mazda Addition with s.c. Zoning
Page 2
The Board has also reviewed a conditional use request with
attendant site for the actual use/site expansion. That matter
will be presented to the Commission upon enactment of the
annexation ordinance (tentative date of March 22nd).
The annexation and zoning do not present matters of concern.
There are matters of concern with respect to the actual site
development but these are addressed via a separate action/item.
The Planning and Zoning Board's staff report is attached for
informational purposes.
ALTERNATIVE ACTIONS:
1. Continue with direction
2. Hold first reading of the enacting ordinance and set a
hearing date.
RECOMMENDED ACTION:
Approve the enacting ordinance for the Mazda Addition on first
reading.
Attachment:
P&Z Staff Report of January 25, 1988
REF/DJK#14/B:MAZDACC.TXT
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PLi-=JNNING 8 = JNING
CITY OF OELRAY
BOARD
BEACH
STAFF REPORT
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MEETING o:ITE:
January 25, 1988
AGENDA ITEM:
III. E.
ITEM:
ANNEXATION AND INITIAL ZONING OF SC FOR THE MAZDA ADDITION
(CHAMBERLAIN PROPERTY AT FEDERAL HIGHWAY AND LAMAT)
lIS
~AL"'S
OF'
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TROPIC
....
.
GENERAL
DATA:
GENERAL DATA:
OWner
......................
William Chamberlain
Agent
.......................
Mark Marsh, Architect
Digby Bridges. Marsh, & Assoc.
Location
.......................
Northwest corner of Federal
Highway and LaMat Avenue
Property Size
6.37 acres
County Plan & Zone Designations.
Commercial, General Commercial
City Plan Designation
Commercial
Adjacent Zoning
Various commercial categories
north, east, and south. Res.
to west across Dixie & RR.
Existing La.:-".c. USI.'
~~::d~ (jC!rllClstlip, V~(:.irlt
tlOUSCS, unused llght-of-way
Proposed Land Use
Expansion of Mazda dealership
and associated uses (body Shop
repair, service, sales)
Water and Sewer Service
Extension of on-site services
already provided by the City.
ITEM: JIt. G.
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121 The tlme limits of subsection ICI(1) above may be
waived by three (3) affirmative Votes of the City
Councll when such aCtion is found and deemed necessary
to prevent injustice or to facilitate the proper
development of the City.
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In considering an application for rezoning, the Planning and
Zoning Board and the City council shall make written
findings indicating that the proposed change has been
studied and considered in relation to the following
standards, where applicable:
III Will the Change be contrary to the proposed land use
plan and have an adverse effect on the plan?
121 Will the change be contrary to the existing land use
pat-t.ern?
(3)
Wi 11 the Change
to adjacent and
zoning?
create an isolated diStrict unrelated
nearby districts; i.e., is this spot
(4)
Will the change alter
thereby increasing the
as schools, utilities,
the population density pattern,
load on pUblic facilities such
.-ereet., .eo. 7
IS) Are the present diStrict boundaries illogically dr~wn
in relation to the existing condition on the property
proposed for change?
161 Have changed or Changing conditions made this proposed
rezoning necessary?
(7) Will the Change adverse~y influence living conditions
in the neighborhood?
(8) Will the Change create 0: excessively increase traffic
congestion or otherwise affect public safety?
(9) Will the change cre.te a drainage problem7
(10) Will the change seriously reduce light and air to
adjacent are.s7
Ill) Will the change adversely affeCt property values in the
adjacent area7
(12) Will the change be a deterrent to the improvement or
development of adjacent property in accord with
exiSting requlations7
(13) Will the change constitute a grant of special privilege
to an individual owner as contrasted with the public
welfare?
(14) Are there subStantial reasons Why the property cannOt
be used in accord with exiSting zoning?
(15) Is the Change OUt of scale with the needs of the
neighborhood or the City?
116 )
Is it imposs~ble to find Other adequate sites
City for the proposed use in zoning districts
allowing such use?
1171 Has sufficient evidence been presented to JUStify the
need for the change7
in the
already
- 263 -
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February 22, 1988
Planning and Zoning Board
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Withdrawal of Objections
Delray Beach Mazda (William Chamberlain)
Applications for Annexation, Rezoning, Site Plan and
Conditional Use Approval and Abandonment
Dear Board Members:
Please be advised that on behalf of my clients Aiden Corp.,
Sherwood Sheehan, Jr., Mrs. Sheehan, Henry V. Hawley, Mrs. Howley and
Sherwood Pontiac-GMC Truck, Inc. I hereby withdraw any and all
objections which I communicated to the City of Delray Beach verbally or
in writing in regard to all of the above Applications.
Sincerely yours,
HUNT, COOK, RIGGS, & HEHR,P.R.
By
u
Jos
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tlECEfVED
11M r. If 19S8
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ORDINANCE NO. 9-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, DESIGNATING AN AREA
BOUNDED ON THE WEST BY SWINTON AVENUE, ON THE
SOUTH BY N.E. 4TH STREET, ON THE NORTH BY
N.E. 8TH STREET, AND ON THE EAST BY THE
FLORIDA EAST COAST RAILROAD, AN HISTORIC
PRESERVATION DISTRICT; AMENDING THE ZONING
MAP OF DELRAY BEACH, FLORIDA, 1983; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Historic Preservation Board, at the
meeting held on February 11, 1988, unanimously recommended the
designation of Del-Ida Park as an Historic District,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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 designated the
Del-Ida Park Historic District:
Blocks 1 through 13. inclusive. along with
Tracts A, Band C, DEL-IDA PARK. according to
the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in Plat Book
9 at Page 52.
Section 2. That the Planning Director of the City of
Delray Beach, Florida. shall, upon the effective date of this
ordinance, amend the Zoning Map of Delray Beach, Florida. to
show, in an overlay manner, the above designation.
Section 3. That this ordinance shall become effective
ten days after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of _ . 1988.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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ORDINANCE NO. 4-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ~F
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30.
"ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-5
"R-1AAA, R-1AAA-B, R-1AA, R-1AA-B, R-1A, R-1A-B
(SINGLE FAMILY) AND R-1A-C (SINGLE FAMILY/DUPLEX
DWELLING) DISTRICTS", SUBSECTION (I) "BUILDING
HEIGHT", SECTION 30-5.1 "ART (AGRICULTURAL
RESIDENTIAL TRANSITIONAL) DISTRICT", SUBSECTION
(G) "BUILDING HEIGHT", SECTION 30-5.5 "RL (LOW TO
MEDIUM DENSITY DWELLING) DISTRICT", SUBSECTION (I)
"BUILDING HEIGHT", SECTION 30-6 "RM-6 (MULTIPLE
FAMILY DWELLING) DISTRICT", SUBSECTION (I)
"BUILDING HEIGHT". SECTION 30-6.5 "RM (MEDIUM TO
MEDIUM HIGH DENSITY DWELLING) DISTRICT".
SUBSECTION (I) "BUILDING HEIGHT", SECTION 30-7
"RM-l0 (MULTIPLE FAMILY DWELLING) DISTRICT",
SUBSECTION (I) "BUILDING HEIGHT", SECTION 30-7.5
"RH (MEDIUM HIGH TO HIGH DENSITY DWELLING)
DISTRICT", SUBSECTION (I) "BUILDING HEIGHT",
SECTION 30-8 "RM-15 (MULTIPLE "AMILY DWELLING)
DISTRICT". SUBSECTION (I) "BrTLDING HEIGHT".
SECTION 30-8.1 "PRD-4 (PLANN!m RESIDENTIAL)
DISTRICT". SUBSECTION (H) "BiILDING HEIGHT".
SECTION 30-8.2 "PRD-7 (PLANNED RESIDENTIAL)
DISTRICT". SUBSECTION (H) "BUILDING HEIGHT",
SECTION 30-8.3 "PRD-l0 (PLANNED RESIDENTIAL)
DISTRICT", SUBSECTION (H) "BlllLDING HEIGHT".
SECTION 30-8. 4'PRD-L (LOW TCl MEDIUM DENSITY
PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT".
SUBSECTION (H) "BUILDING HEIGHT", SECTION 30-8.5
"PRD-M (MEDIUM DENS ITY PLANNED RES IDE NT IAL
DEVELOPMENT) DISTRICT". SUBSECTION (H) "BUILDING
HEIGHT", SECTION 30-8.6 "MH (MOBILE HOME PARK)
DISTRICT", SUBSECTION (J) "BUILDING HEIGHT".
SECTION 30-8.7 "RO (RESIDENTIAL OFFICE) DISTRICT",
SUBSECTION (I) "BUILDING HEIGHT". SECTION 30-9 "NC
(NEIGHBORHOOD COMMERCIAL) DISTRICT", SUBSECTION
(H) "BUILDING HEIGHT", SECTION 30-10 "CC
(COMMUNITY COMMERCIAL) DISTRICT", SUBSECTION (H)
"BUILDING HEIGHT", SECTION 30-11 "GC (GENERAL
COMMERCIAL) DISTRICT". SUBSECTION (H) "BUILDING
HEIGHT". SECTION 30-12 "SC (SPECIALIZED
COMMERCIAL) DISTRICT", SUBSECTION (H) "BUILDING
HEIGHT", SECTION 30-13 "CBD (CENTRAL BUSINESS)
DISTRICT", SUBSECTION (H) "BUILDING HEIGHT",
SECT ION 3 0-13. 1 "LC (L IMITED COMMERC IAL)
DISTRICT". SUBSECTION (G) "BUILDING HEIGHT",
SECTION 30-13.2 "ACT (AGRICULTURAL COMMERCIAL
TRANSITIONAL) DISTRICT", SUBSECTION (G) "BUILDING
HEIGHT". SECTION 30-14 "LI (LIGHT INDUSTRIAL)
DISTRICT", SUBSECTION (H) "BUILDING HEIGHT".
SECTION 30-15 "MI (MEDIUM INDUSTRIAL) DISTRICT",
SUBSECTION (H) "BUILDING HEIGHT". SECTION 30-15.1
"SAD (SPECIAL ACTIVITIES) DISTRICT". SUBSECTION
(H) "BUILDING HEIGHT", SECTION 30-15.2 "PCC
(PLANNED COMMERCE CENTER) DISTRICT". SUBSECTION
(I) "BUILDING HEIGHT", SECTION 30-15.3 "POC
(PLANNED OFFICE CENTER) DISTRICT", SUBSECTION (I)
"BUILDING HEIGHT", SECTION 30-15.4 "MIC (MIXED
INDUSTRIAL AND COMMERCIAL) DISTRICT", SUBSECTION
(H) "BUILDING HEIGHT", SECTION 30-15.5 "CF
(COMMUNITY FACILITIES) DISTRICT". SUBSECTION (I)
"BUILDING HEIGHT". AND SECTION 30-15.6 "MOl
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(MEDICAL OFFICE AND INSTITUTIONAL) DISTRICT".
SUBSECTION (G) "BUILDING HEIGHT", BY REPEALING ALL
OF THE ABOVE REFERENCED SUBSECTIONS RELATIVE TO
BUILDING HEIGHT, AND ENACTING NEW SUBSECTIONS IN
ORDER TO ESTABLISH NEW BUILDING HEIGHT REGULATIONS
WITHIN SAID ZONING DISTRICTS; BY AMENDING SECTION
30-17 "SUPPLEMENTARY REGULATIONS". BY REPEALING
SUBSECTION (A) "EXCEPTIONS TO HEIGHT REGULATIONS"
IN ITS ENTIRETY, AND ENACTING A NEW SUBSECTION (A)
"EXCEPTIONS AND INCREASES TO DISTRICT HEIGHT
LIMITATIONS"; BY AMENDING SECTION 30-1
"DEFINITIONS". SUBSECTION (15) "BUILDING HEIGHT".
BY AMENDING THE DEFINITION OF BUILDING HEIGHT; BY
AMENDING SECTION 30-1 "DEFINITIONS", SUBSECTION
(45) "GRADE". BY AMENDING THE DEFINITION OF GRADE;
BY AMENDING SECTION 30-1 "DEFINITIONS", SUBSECTION
(92) "STORY", BY AMENDING THE DEFINITION OF STORY;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLDRIDA, AS FOLLc~S:
Sect,j on 1. That Chapter 30, ":ming". Section 30-5
"R-1AAA, R-1AAA-B, R-1AA, R-1AA-B. R-1A, f-1A-B (Single Family)
and R-1A-C (Single Family/Duplex Dwelling) Districts", Subsection
(1) "Building Height", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby repealed in its
entirety, and a new Section 30-5 "R-1AAA. R-1AAA-B. R-1AA.
R-1AA-B. R-1A, R-1A-B Single Family and R-1A-C Single Fami-
ly/Duplex Dwelling Districts". Subsection (I) "Building Height",
be, and the same is hereby enacted to read as follows:
(1) BtJILDIN(LHEIGHT
Single family dwellings, duplex dwell-
ings. and recreational, community,
and/or accessory structures in single
family residential developments shall be
limited to a maximum height of thir-
ty-five (35) feet, except as provided 'at
Sec. 30-17(A)(1). Structures housing
all other uses allowed within the
district shall be limited to a maximum
height of forty-eight (48) feet, except
as provided at Sec. 30-17(A) (1).
futQ:t1on 2. That Chapter 30. "Zoning", Section 30-5.1
"ART (Agricultural Residential Transitional) District", Subsec-
tion (G) "Building Height", of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby repealed in
its entirety, and a new Section 30-5.1 "ART (Agricultural Resi-
dential Trans i tional) District" . Subsection (G) "Building
Height", be. and the same is hereby enacted to read as follows:
( G ) lli.LILllIN G HE I G liT.
Single family dwellings. and recreational.
community, and/or accessory structures in
single family residential developments shall
be limited to a maximum height. of thirty-five
(35) feet, except as provided at Sec.
30-17(A)(l). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet. except as provided at Sec.
30-17(A)(l).
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Ord. No. 4-88
Section 3. That Chapter 30, "Zoning", Section 30-5.5
"RL (Low to Medium Density Dwelling) District", Subsection 0)
"Building Height", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby repealed in its
entirety, and a new Section 30-5.5 "RL (Low to Medium Density
Dwelling) District", Subsection (I). be, and the same is hereby
enacted to read as follows:
(I) BUILDING HEIGHT
Single family dwellings, duplex dwellings,
and recreational, community, and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet, except as provided at Sec.
30-17(A)(1l. Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet, except as provided at Sec.
30-17(A)(1l.
Ser:ti~ That Chapter 30. Zoning" , Section 30-6
"RM-6 (Multiple Family Dwelling) District", Subsection 0)
"Building Height". of the Code of Ordinances of the City of
Delray Beach. Florida, be, and the same is hereby repealed in its
entirety. and a new Section 30-6 "RM-6 (Multiple Family Dwelling)
District". Subsection (ll "Building Height". be, and the same is
hereby enacted to read as follows:
( I) m!1LJlIJ:IGHKmliT
Single family dwellings. duplex dwellings.
and recreational, community. and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet, except as provided at Sec.
30-17(A)(1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet, except as provided at Sec.
30-17CA)(1).
S~Q.fi.~. That Chapter 30, "Zoning". Section 30-6.5
"RM (Medium to Medium High Density Dwelling) District", Subsec-
tion (I) "Building Height". of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby repealed in
its entirety. and a new Section 30-6.5 "RM (Medium to Medium High
Density Dwelling) District". Subsection (I) "Building Height",
be. and the same is hereby enacted to read as follows:
( I ) B!!IL.Illili:LlilIT
Single family dwellings, duplex dwellings,
and recreational, community. and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet, except as provided at Sec.
30-17(A) (1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet. except as provided at Sec.
30-17(A)(1).
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Ord. No. 4-88
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Sect,ion 6. That Chapter 30, "Zoning". Section 30-7
"RM-10 (Multiple Family Dwelling) District". Subsection (1)
"Building Height", of the Code of Ordinances of the City of
Delray Beach, Florida, be. and the same i~ hereby repealed in its
entirety, and a new Section 30-7 "RM-10 (Multiple Family Dwell-
ing) District", Subsection (I) "Building Height", be, and the
same is hereby enacted to read as follows:
(1) BUILDING HEIGlIT
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Single family dwellings. duplex dwellings,
and recreational, community. and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet, except as provided at Sec.
30-17(A)(1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet. except as provided at Sec.
30-17(A) (1).
SectioIL'L. That Chapter 30. "Z,ling". Section .30-7.5
"RH (Medium High to High Density Dwelling) 'Jistrict", Subsection
(1) "Building Height", of the Code of Ord' nances of the City of
Delray Beach. Florida. be, and the same is hereby repealed in its
entirety. and a new Section 30-7.5 "RH (Medium High to High
Density Dwelling) District", Subsection (I) "Building Height".
be, and the same is hereby enacted to read as follows:
(I) BfJILDING HEIGHT
Single family dwellings. duplex dwellings.
and recreational, community. and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet, except as provided at Sec.
30-17(A)(1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet, except as provided at Sec.
30-17(A)(1).
Secti on 8, That Chapter 30. "Zoning", Section 30-8
"RM-15 (Multiple Family Dwelling) District", Subsection (1)
"Building Height", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby repealed in its
entirety, and a new Section 30-8 "RM-15 (Multiple Family Dwell-
ing) District". Subsection (1) "Building Height". be, and the
same is hereby enacted to read as follows:
( I)
BUILDING .HEIGHT
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Single family dwellings. duplex dwellings,
and recreational. community, and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet, except as provided at Sec.
30-17(A) (1). Structures hOUSing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet, except as provided at Sec.
30-17(A)(1).
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Ord. No. 4-88
Se~tl()n 9. That Chapter 30, "Zoning", Section 30-8.1
"PRD-4 (Planned Residential) District", Subsection (H) "Building
Height", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety. and
a new Section 30-8.1 "PRD-4 (Planned Residential) District",
Subsection (H) "Building Height". be, and the same is hereby
enacted to read as follows:
(H) BD!LDING HEIGHT
Single family dwellings, duplex dwellings,
and recreational, community, and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet. except as provided at Sec.
30-17(A)(1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet. except as provided at Sec.
30-17(A) (1).
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~t.iQll--.llL.. That, Chapter 30, "Zening", Section .30-8.2
"PRD-7 (Planned Residential) District", Subsect.Ion (H) "Building
Height", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety, and
a new Section 30-8.2 "PRD-7 (Planned Residential) District",
Subsection (H) "Building Height", be. and the same is hereby
enacted to read as follows:
(H) BlilLDl~G HEIGHT
Single family dwellings. duplex dwellings,
and recreational. community. and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet. except as provided at Sec.
30-17(A) (1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet, except as provided at Sec.
30-17(A) (1).
Sect inn 11. That Chapter 30, "Zoning", Section 30-8.3
"PRD-10 (Planned Residential) District", Subsection (H) "Building
Height", of the Code of Ordinances of the City of Delray Beach,
Florida. be. and the same is hereby repealed in its entirety, and
a new Section 30-8.3 "PRD-10 (Planned Residential) District",
Subsection (H) "Building Height". be. and the same is hereby
enacted to read as follows:
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(H) BrJILDIN(L.HEIGHT
Single family dwellings, duplex dwellings.
and recreational, community, and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet, except as provided at Sec.
30-17(A)(1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet. except as provided at Sec.
30-17(A)(1).
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Ord. No. 4-88
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Section 12. That Chapter 30. "Zoning". Section 30-8.4
"PRD-L (Low to Medium Density Planned Residential Development.)
District", Subsection (H) "Building Height". of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby repealed in its entirety. and a new Section 30-8.4
"PRD-L (Low to Medium Density Planned Residential Development)
District". Subsection (H) "Building Height.", be, and the same is
hereby enacted to read as follows;
( H ) BU I L D ING.JIKlGHT_
Single family dwellings, duplex dwellings.
and recreational, community, and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet, except as provided at Sec.
30-17(A) (1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet.. except as provided at Sec.
30-17(A) (1).
:ie.Qtj.QR~ That Chapt.er 30, "Z ning", Section 30-8.5
"PRD-M (Medium Density Planned ResidenLal Development) Dis-
trict", Subsection (H) "Building Height". of the Code of Ordi-
nances of the City of Delray Beach. Florida, be, and the same is
hereby repealed in its entirety, and a new Section 30-8.5 "PRD-M
(Medium Density Planned Residential Development) District",
. Subsection (H) "Building Height". be, and the same is hereby
enacted to read as follows;
(H) BUILDING HEIGHI
Single family dwellings, duplex dwellings.
and recreational, community. and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet, except as provided at Sec.
30-17(A)(1). Structures housing all other
uses allowed within the dist.rict shall be
limited to a maximum height of forty-eight
(48) feet. except as provided at Sec.
30-17(A)(1).
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Secti~1L.. That Chapter 30. "Zoning", Section 3D-8.S
"MH (Mobile Home Park) District", Subsection (J) "Building
Height". of the Code of Ordinances of the City of Delray Beach.
Florida, be. and the same is hereby repealed in its entirety, and
a new Section 30-8.6 "MH (Mobile Home Park) District". Subsection
(J) "Building Height". be, and the same is hereby enacted to read
as follows;
( ,J ) IlliILDllliLHElG.1IT
All structures shall be limited to a maximum
height of thirty-five (35) feet..
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Ord. No. 4-11B
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~etljon 15. That Chapter 30, "Zoning". Section 30-8.7
"RO (Res idential Off ice) District" . Subsection (I) "Building
Height". of the Code of Ordinances of the City of Delray Beach,
Florida. be. and the same is hereby repealed in its entirety. and
a new Section 30-8.7 "RO (Residential Office) District.". Subsec-
tion (I) "Building Height". be, and the same is hereby enacted to
read as follows:
( I ) BllI.LlllliG HE T GlIT
Single family dwellings, duplex dwellings.
and recreational, community, and/or accessory
structures in these residential developments
shall be limited to a maximum height of thir-
ty-five (35) feet. except as provided at Sec.
30-17(A) (1). Structures housing all other
uses allowed within the district shall be
limited to a maximum height of forty-eight
(48) feet, except as provided at Sec.
30-17(A)(1).
Secti 9JL-1fL~ That Chapter 30. Zoning", Section 30-9
"NC (Neighborhood Commercial) District". 2,'bsection (H) "Building
Height". of the Code of Ordinances of the ~ity of Delray Beach,
Florida. be. and the same is hereby repealpd in its entirety, and
a new Section 30-9 "NC (Neighborhood Commercial) District",
Subsection (H) "Building Height", be, and the same is hereby
enacted to read as follows:
( H) illIIL.llltIG_-HEl.GliT
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All structures shall be limited to a maximum
height of forty-eight (48) feet. except as
provided at Sec. 30-17(A)(1),
SActi on 17. That Chapter 30. "Zoning". Section 30-10
"CC (Community Commercial) District.", Subsect.ion (H) "Building
Height", of t.he Code of Ordinances of the Cit.y of Delray Beach.
Florida, be, and the same is hereby repealed in it.s ent.irety, and
a new Section 30-10 "CC (Community Commercial) District". Subsec-
tion (H) "Building Height.". be, and the same is hereby enact.ed t.o
read as follows:
(H) BUnDING HJi:IGHT
All structures shall be limited to a maximum
height of forty-eight (48) feet, except as
provided at Sec. 30-17(A)(1) & (2).
Sect ion 18. That. Chapter 30. "Zoning", Section 3 0-11
"GC (General Commercial) District". Subsection (H) "Building
Height". of the Code of Ordinances of the City of Delray Beach.
Florida, be, and the same is hereby repealed in its entirety, and
a new Section 30-11 "GC (General Commercial) District.", Subsec-
tion (H) "Building Height", be. and the same is hereby enacted to
read as follows:
(H) BUILDING HEIGHT
All structures shall be limited to a maximum
height of forty-eight (48) feet. except as
provided at Sec. 30-17(A)(1) & (2).
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Ord. No. 4-88
Section 19. That Chapter 30, "Zoning", Section 30-12
"SC (Specialized Commercial) District". Subsection (H) "Building
Height", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety, and
a new Section 30-12 "SC (Specialized Commercial) District",
Subsection (H) "Building Height", be, and the same is hereby
enacted to read as follows:
(H) liUILDING HEIG~
All structures shall be limited to a maximum
height of forty-eight (48) feet. except as
provided at Sec. 30-17(A) (1) & (2).
Section 20. That Chapter 30, "Zoning". Section 30-13
"CBD (Central Business) District", Subsection (H) "Building
Height". of the Code of Ordinances of the City of Delray Beach,
Florida. be, and the same is hereby repealed in its entirety, and
a new Section 30-13 "CBD (Central Business) District". Subsection
(H) "Building Height", be. and the same is hereby enacted 'to read
as follows:
(H) BUILDING HEIGH~
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All structures shall be limited to a maximum
height of forty-eight (48) feet, except as
provided at Sec. 30-17(A) (1) & (2).
Ser.tion 21. That Chapter 30, "Zoning", Section 30-13. 1
"LC (Limited Commercial) District", Subsection (G) "Building
Height", of the Code of Ordinances of the City of Delray Beach.
Florida, be. and the same is hereby repealed in its entirety, and
a new Section 30-13.1 "LC (Limited Commercial) District".
Subsection (G) "Bui Iding Height". be. ,':Ind the same is here by
enacted to read as follows:
(G) BfJILD ING HE IGHT
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All structures shall be limited to a maximum
height of forty-eight (48) feet. except as
provided at Sec. 30-17(A) (1) & (2).
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S.e.Qt,iQJL~ That Chapter 30, "Zoning", Section 30-13.2
"ACT (Agricultural Commercial Transitional) District". Subsection
(G) "Building Height". of the Code of Ordinances of the City of
Delray Beach. Florida. be. and the same is hereby repealed in its
ent.irety, and a new Section 30-13.2 "ACT (Agricultural Commercial
Trans i tional) District". Subsection (G) "Building Height", be,
and the same is hereby enacted to read as follows:
(G) BlJILDING HEIGHT
All structures shall be limited to a maximum
height of forty-eight (48) feet. except as
provided at Sec. 30-17(A) (1).
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Ord. No. 4-88
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Section ?3. That Ohapter 30, "Zoning", Section 30-14
"LI (Light Industrial) District". Subsection (H) "Building
Height", of the Code of Ordinances of the City of Delray Beach,
Florida. be, and the same is hereby repealed in its entirety. and
a new Section 30-14 "LI (Light Industrial) District", Subsection
(H) "Building Height". be, and the same is hereby enacted to read
as follows:
(H) BUILDING HElGl:lT_
All structures shall be limited to a maximum
height of forty-eight (48) feet. except as
provided at Sec. 30-17(A)(1) & (2).
Section 24. That Chapter 30, "Zoning", Section 30-15
"MI (Medium Industrial) District". Subsection (H) "Building
Height". of the Code of Ordinances of the City of Delray Beach,
Florida. be. and the same is hereby repealed in its entirety, and
a new Section 30-15 "MI (Medi urn Indus trial) District", Subsection
(H) "Building Height", be, and the same is hereby enacted to read
as follows:
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(H ) JillI L DIN G.JIE.lillIT
All structures shall be liml~ed to a maximum
height of forty-eight (48) feet, except as
provided at Sec. 30-17(A)(1) & (2).
3~ction 25. That Chapter 30, "Zoning", Section 30-15. 1
"SAD (Special Activities) District". Subsection (H) "Building
Height". of the Code of Ordinances of the City of Delray Beach.
Florida. be. and the same is hereby repealed in its entirety. and
a new Section 30-15.1 "SAD (Special Activities) District".
Subsection (H) "Building Height" be, and the same is hereby
enacted to read as follows:
(H) BUILDING HEIGHT
(1) Res identi a1.
Single family dwellings, duplex
dwellings, and recreational, community,
and/or accessory structures in these
residential developments shall be
limited to a maximum height of
thirty-five (35) feet, except as
provided at Sec. 30-17 (A) (1). Multiple
family dwellings, and recreational,
community, and/or accessory structures
in multiple family residential
developments shall be limited to a
maximum height of forty-eight (48) feet.
except as provided at Sec. 30-17(A) (1).
(2) Commercial
All structures shall be limited to a
maximum height of forty-eight (48) feet,
except as provided at Sec. 30-17(A)(1) &
(2).
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Ord. No. 4-88
(3) Industrial
All structures shall be limited to a
maximum height of forty-eight (48) feet,
except as provided at Sec. 30-17(A)(1) &
(2) .
(4) Spe0.ial ~
See Sec. 30-17 (A) (2) (c)
:iection-.2.L That Chapter 3D, "Zoning". Section 30-15.2
"PCC (Planned Commerce Center) District", Subsection (I)
"Building Height". of the Code of Ordinances of the City of
Delray Beach. Florida. be, and the same is hereby repealed in its
entirety, and a new Section 30-15.2 "PCC (Planned Commerce
Center) District". Subsection (1) "BuUding Height", be, and the
same is hereby enacted to read as follows:
(I) BnILDINruUUGll..T_
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All structures shall be lim:ted to a maximum
height of forty-eight (48) feet, except as
provided at Sec. 30-17(A) (ll & (2).
5.etlimL2L- That Chapter 30, "Zoning", Section 30-15.3
"POC (Planned Office Center) District". Sub",ection (I) "Building
Height", of the Code of Ordinances of the City of Delray Beach.
Florida, be. and the same is hereby repealed in its entirety, and
a new Section 30-15.3 "POC (Planned Office Center) District",
Subsection (1) "Building Height". be, and the same is hereby
enacted to read as follows:
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(1)
Bn I L D.1.lliLHElillIT
All structures shall be limited to a maximum
height of forty-eight (48) feet. except as
provided at Sec. 30-17(A)(1) & (2).
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Q.e.cUQn 28. That Chapter 30, "Zoning", Section 30-15.4
"MIC (Mixed Industrial and Commercial) District". Subsection (H)
"Building Height.". of the Code of Ordinances of the City of
Delray Beach. Florida, be. and the same is hereby repealed in its
entirety, and a new Section 30-15.4 "MIC (Mixed Industrial and
Commercial) District". Subsection (H) "Building Height", be, and
the same is hereby enacted to read as follows:
(H) BUILDING HEIGHT
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All structures shall be limited to a maximum
height of forty-eight (48) feet, except as
provided at Sec. 30-17(A)(1) & (2).
" 10 -
Ord. No. 4-88
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5...ect.ion 29. That Chapter 30, "Zoning". Section 30-15.5
"CF (Community Facilities) District". Subsection (I) "Building
Height", of the Code of Ordinances of the City of Delray Beach.
Florida. be. and the same is hereby repealed in its entirety, and
a new Section 30-15.5 "CF (Community Facilities) District",
Subsection (I) "Building Height", be. and the same is hereby
enacted to read as follows:
( I ) lill.lLm.liG.--HE,ItlHT
All structures shall be limited to a maximum
height of forty-eight (48) feet, except as
provided at Sec. 30-17(A) (1) & (2).
5...;Lction -.lQ... That Chapter 30, "Zoning". Section 30-15.6
"MOl (Medical Office and Institutional) District", Subsection (G)
"Building Height", of t.he Code of Ordinances of t.he City of
Delray Beach. Florida, be. and the same is hereby repealed in its
entirety. and a new Section 30-15.6 "MOl (Medical Office and
Institutional) District", Subsection (G) "Building Height", be,
and the same is hereby enacted to read as follows:
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(G) BUILDING HE-IDH.T.
All structures shall be limted to a maximum
height of forty-eight (48) feet, except as
provided at Sec. 30-17(A)(1) & (2).
S"c.tiQJl 31. That Chapter 30, "Zoning". 2,e('tion ,lii-17
"Supplementary Regulations". Subsection (A! "Except 1on,o, To He i ght
Regulations". of the Code of Ordinances "If the City f Delray
Beach. Florida, be. and the same is hereby repea'A'j ~,. '.ts
entirety. and a new Section 30-17 "Supple,mentary Be",:;"','"s".
Subsection (A) "Exceptions And Increase:" To D15 tr l,ct HC' i ",ht
Limitations". be. and the same is hereby enacted to read as
follows:
(A) Excm;rt,i9,illL~And.__._Increa!'\.!.:.:3. To . DMtr..1.c.t.
I.J..mi:ta:t.i.QJls"
Hei..ht
( 1) ExQ.e.p.tiQD.s......TQ..Jl~.i ..ht L.i.m.i.:tB,t.iQlt~~ The he ight
limitations contained in t.he schedule of
zoning distrJct regulations shall not apply
to ant.ennas. belfries. bins. chimneys.
conveyors. cooling towers. cupolas. flag
poles. mechanical equipment enclosures. radio
towers. shafts, e,ilo5. spires, television
t,owers. ventilators, and parapets. Other
appurtenances usually required to be placed
above the roof level and not intended for
human occupancy, which are not listed in the
above. may be allowed. but are subject to
approval of the Community Appearance Board.
(2 ) l.nQ.reas e:L..'!'Q...l!.i.s..tJ::.1..c.t...lI~g.tl:t. Ll.mi.t.aU.QM.
(a)
Erohibitions. There are no
which allow. nor is the
Adjustment empowered to
increase of height for any
following zone districts:
provisions
Board of
grant. an
use in the
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Ord. No. 4-88
R-1AAA. R-1AAA-B. R-1AA. R-1AA-R. R-1A.
R-1A-R (Single FAmilv) and R-1A-C
(:=.ingle Family/Dllplex Dwelling)
fli st,ri8t,p,
ART (Agriclllt,llrcd Resident.ial
Transitional) District
RL (Low t,o Medillm Densit,y Dwelling)
Di.st.rict
RM-R (Mllltiple FAmily Dwellin@) District
RM (Medi 11m to Med i urn High Dens ]t,y
Dwelling) District
RM-10 (Multiple Elamily Dwelling)
flist,rict
RH (Medillm Hi~h to High Density
Dwelling) District
RM-15 (Multiple Family Dwelling)
Di""t,rict,
PR[~4 (Planned Residential) District
PRD-7 (Planned Res idential) Di strict
PRD-10 (Planned Residential) District
PRD- L (Low to Med 'nil Density Planned
Residential Dev iopment) District
PRD-M (Medillm Den ity Planned
Residential Dev~lopment) District
MH (Mobile Home P",'kl District
RO (Residential Office) District
NC (Neighborhood Commercial) District
ACT (Agricultural '0mmercial
Tr.,nsi t.l Cl-n;=:i 11 +- "['l,-..t
(hi
IncJ'eAf,e'O, Peer",i t,- " :;L>lty .Fee,t.. (fiO' J
Subject to th~ Ires contained t~
Section 3[1-)1;r ~il;l based upon ~
fi nding of comp 1; .."ee with each of thee
enumerated criteria listed below. an
in8reasA t,o a maximllm height, of sixty
feet (60') may be approved hy the City
Commission in any zone district not
li.sted in Section 30-17(A)(2)(a) above.
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That the strllct,llre if I to be locat,Ad
in nnA of thA following geographic
areas:
AreA "A" All propArt,y I08at,ed
east of Congress Avenue and west of
[-;~5 .
Are" "R" ~ t,he property encompA.;=,,~',ecl
hv thA DAlint DRI: alc>]'1g with
property located west of S,W, 10th
AVenlJe. 5011th of Linton Boulevard.
Rnd ea5~ of 1-95.
Arp:ft "C" - trIP. propert,y en~ornp.3:s.7.,pd
hy t.he houndary of Lint,()rt
BO\.l],evard. 13ermRntown Road. S. W.
10th Street, and 1-95.
AreA "D" - t.he prOpArt,y either ~:idA
of Atlant,ic Avenue, bet,ween c,, W.
1st StreAt and N.W, 1st StreAt,
AxtAnding from 1-95 to Swinton
Avenue.
- 12 -
Ord. No. 4-88
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Area "E" - t.he propert,y en~ompM;sed
on the west by the F,E,C. Railroad.
on the east. by t.he Int.racoastal
Wat.erway. on the sout.h by Allen
Avenue ext.ended t.o said east.erly
and west.erly houndaries. and on t.he
nort.h t.o t.he northernmost. boundary
of t,he Cit.y.
Area "F'" the property locat,ed
between the one-way pair system of
Federal Highway (5th and 6th
AVerll.l~;:', ) .
Area "G" the propert,y on either
side of Lint.on Boulevard. ext.ending
t.wo hundred feet (200") nort.h and
sout.h of its ult.imat.e right-of-way.
extending from 1-95 to Dixie
Highway,
Area "H" ;.,he area bounded by
Linton Boule' ard on t.he sout.h. the
F.E.C. Railr ad on the east. the
combination f Sout.hridge Road and
Swinton Aven11e on the north. and
S,W, 4th Avenue on the west..
Area "I" ~ ,"'Ill. property t.,lit.h1I'i t,hp.
eRD (Centr:~d Bl.l.p,j ness) Di::;;t_r~c~.
Area ".J" - t,hp propet.t.,v i.:.nc:,-)r(i"C;:;::o~:::.:ed
by Linde] 1 Br;1.11evard (In t.hp ,-[crt.h.
Federal Hjghway on ~hp ea~~, Dixie
Highway on t.he west.. and t.he Cit.y
limit.s on t.he south,
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That. t.he increase in height. will
not provide for. nor accommodate.
an incre~5e in the floor area
(wit.hin t.he structurel beyond that
which could be accommodat.ed by
development. which adheres to a
height limitat.ion of fort.y-eight.
(48) feet; except. for t.he following
situatj_on: An increase in
int.ensit.y is allowed when t.he
increase from fort.y-eight (48) feet
to sixty (!3-n) feet. is Ior the
purpose of accommodating
"'resident,ial !)se on the top floor of
t.he ",truct,ure; howeve.a' t,he
increaRe in intAn~itv 15 onl for
t,he added\b1~e;;+~l use ar><!.
That t.he increase in h""ight. is
based on or will result in one. or
more. of t.he followin!;>': except ae'f
provided for herein: /' \ ~ifV'
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(3 )
l"V
9 ~lv/' 0" 'v~
, l} eN'"
~
- 13 -
Ord. No. 4-88
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d" . ,\ ,y
u'~ ~ \\V'~\\t\
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// '- ~\ l\)l"vl
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(i) a demonstrable need that to
accommodatA the nature of a
particular use or a
particular matter or type of
construction, a greater than
normal space hetween floors,
or height of story is
neces:=:ary: or.
(il) that seventy-five percent
(75%) or greater an area of
the ground floor is devoted
to parking and vehicular
~raffjc ~jrculation: or,
(iiil that for each foot in height
ahove forty-eight (48) feet,
an additional building
setback of two (2) feet is
provided from the building
setback lines which would be
estahl ~hed for a forty-eight
(48)'~ tall structure.
This ""ovision (ili) shall
apply n property zoned CBn
(CentrRl Business) District,
The additional setback is
requirF>r1 from a1] set,ha('l.~
line:::. (i.p" front., 5ide an:-'
rear') .
1M r"-","L<':~',.,_.E"'-rl!1jJ&e.d _ uE\. h<we.__ J3 I X.:t,L.J..ee t.
.U3_0 - ) . .Spe,., t!>J A<:;t,iv i t, ie!".. Dist.r kt
For q~~~f.; whjch CAn nnly be properl v
accommodat,ed throllgh t,he Use of t.he :',AD
(Special Activities) District. the
height limitation~ as set forth in this
section shall not apply. Rather. the
hpigh~ limitations for 5llCh a lIse within
any SAD shall bp specIfIcally set forth
in the enacting ordinance of that
specific SAD. The foregoi_ng provision
shall not apply to residential uses or
normal uses within any ~3AD. but. ~lJ.ch use
shall be governed by the height
limItations contained in the SAD
r~gul-3.t,jon5 ,
Secctio.ll"J2., That Chapt.er 30, .. Zoning". ,",ect.ion 30-1
"Definit,ions". Subsect.ion (15) "Building Height.". of t.he Code of
Ordinances of the City of Delray Beach, Florida, be. and the same
is hereby amended to read as follows:
(15) Building Height. The vertical distance from
grade to t.he highest finished roof surface of
a flat roof or to the mean level between
paves and ridge for gable. hip or gambrel
roof!':" \IIM..-toi lvil;' Nt:tdti IM,# 1 16..-..-vi 1 N$t'.i16YUMe'<t I
t'htiIMtil~Mt'/~fl:tI16~IYdlvig/m:t1116ti/~ti:t$~t<id/ft~m
r.Mti/mti:tvi/<iUv':tt:I~vi/~f/r:M<i!lflvil>iMo!d/Y~t'//t.t:t<to!
:tr./t:hoillfi~vit:ll~f/t'Mtill16~rY<tYvit.III/~o!YgMt:II:t$
:tPPYYoidllt:~II:tI/~t:~il//lmpYr<i!~IIt:Me'/lytitt'Y~:ty
<tr$r.:tvide'l/fi~m/It:~PIIIt'~//t'~pl/l~fllt'w~lllfZr
$w~de'~~rytilfYvir~Moict/fY~~i/~wtf:tde'~//pi~yrdrvig
iHi/diiii~~~//fi/~6il!it~i{~t/{~i6//{~&//(!df
Uoit' /
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Ord. No. 4-88
:3.,"cGlcj~'D...:i.CL ThAt. Chapter 311. "Zoni n.,.". :=,ection 3()-1
"Definitions". Subse"t.i.on (45) "Grade". of t.h" Code of Ordinances
of the City of Delray ReAoh. Florida. be. and the SAme is hereby
amended to rearl as follows:
(45) Grade,
(a) For buildings Adjoining one II) st.reet..
the ID~au elevations of the sI~ewiYklli~
~he/~~d~~tll0fllth~/wiYYlli~i~YdYdgllth~
stt<i<it GXQ.T,lJl__Qf..tM._ '"'t];"~:L.gl,ffiR....t.l:&
lQt..fxont.i\E:e.
(b) For bUildings adjoining more than one
( 1) s t,reet,. the a ve rage of the ffi>O'an
elevations of the -y~~wiYkllitlllthe
~<ir;(Uts 101 lin / Nin_lir,fJ9!Yr;(Ydlt IN~Uet:'^'
'~rown of t,he <lJJi2.iJl.in.. s tr"et~,
(c) For buildings hiVYdg/lr;(d/wiYYI/i~19!Yr;(Yr;(g
th~/_ttlie~/ /I~h~//o(v,t "gol/Y<iv<iY //d1 / /~f{<t
fJl;IY_hli~/'ilAt1,:;(<ili /01 IL' /l"t9!IAl'I<t / /,:;(,jJi~<idt:
~0' /t:hli 1 Nx'Uti'0'tNin. l0'f It:h<il 1l>i1A'n~Jl;lg
!:U1i!::lL__.2.~._ bullL_!:! 'lL--<L<ibgx"nQ~_.._ t,o
minimum set.bMY~tt9.!.liI'"J:a~lU&.,_:tJJe __,gJ::i\d~
s ha llbf'.__..d.e~t'~lle d ,,,,-,,. __.:the ..a ve ~"!. _.N
~IO~~n.____~.t~yatj_Q_n - T t-~-!..~ _!:5t.rh.f::t______Q.r
"'-tr~:t.,",_.J.lbiQh. ,,1" , ,i 'JQ<;'lLw.hic'h
th" bui l.<:LLlllLlc,'~ r.
:3.".<::lirHLJA.L That Chapt.er
"Definit,ions". Subsection (92) "St.nrv
of the City of Delray Reach. Florida bp,
amended to read AS follows:
:=,ection 30-1
-"..:. of Ordinances
:::-;,3_rne i:::. he:rebv
19~~) Story. The port,ion of i1 blli Iding inoJllCled
bet.ween the ::.urfac.e of an\." floor and t,he
s11rface of the next flnor Above i~. nr if
there be no floor ~bove t~. then the spa~e
between such floor and the (~eiling next above
it.. E1:ejght.. ij,g;,i'!pplJ.<;orLtD_-,i.. xct.,Qt:yJmFl Le" .tb.e
\1<':xiic,,,, LJli~Lt,"-(l_D~,.fr.()Jn. .t,,;,p t.Q mt-QP cl.f two (2)
$.l)_C:-,-QJ;-,--,,:,_,;',~tY_e_ ~f_iJ)j~,_h.e_d... flQ9J::'.. _.5 ILt f_?',ces..:_
S."'c.t.i.on_.3.5."_ That All ordinances or parts of ordinances
in conflict herewith be. and t.he same i1re hereby repeAled.
2l.t.G.t.i.oIl_a.B_. That should any section or provision of
this ordinance or any portion thereof. any paragraph. sentence.
or word be declared by a Court of compet.pnt. jurisdiction to be
invalid, such decision shall not affect the vi11idity of the
remainder hereof as a whole or part. thereof other t.han t.he part.
declared to be invalid.
S'''Q:thm.37'. That t.his ordinance shall become effective
immediately upon passage on second and final reading,
- 15 -
Ord. No. 4.88
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PASSED AND ADOPTED in
final reading on this the
regular session on second and
day of 1988.
MAY 0 R
ATTEST;
----- ~-..._. .. -~-.-..._.- _._-~--..- -._---_.-----~----_._----
City Clerk
First Reading _
Second Reading
- 16 -
Ord. No. 4-88
DEP ART~f4~NT AL
CORRESPONDENCE
[IT' DF
DELRAY BEA[H
~~(i
TO
A~jJI;=
~J. Kovacs, Director
Department of Planning and Zoning
FROM
CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 22, 1988
SUBJECT FIRST READING OF ORDINANCE AMENDING THE ZONING CODE WITH RESPECT
TO THE HEIGHT LIMITATIONS
DATE March 15, 1988
ITEM BEFORE THE COMMISSION:
The action requested of the City commission is first reading of
an enacting ordinance dealing with height regulations. The
ordinance amends the height regulations in each zone district and
establishes exceptions to those height regulations in a
supplemental district regulation. Also, associated housekeeping
amendments of definitions are proposed.
BACKGROUND:
The need to address modifications to the City's height
regulations is stated in the "Policy Guide to the Land Use
Element". In December, 1987, by a City Commission directive, the
development and processing of such regulations was made a high
priority.
Proposed regulations were developed by the planning Department
and the Planning and Zoning Board during properly noticed
workshop sessions. The proposed regulations were aired at a
pUblic hearing held on February 22, 1988. Formal action on the
proposed regulations was taken by the Board at a continued
meeting on February 29, 1988. Staff reports and minutes for each
of the formal Board meetings are attached.
Pursuant to standard procedures, the Board's recommendation was
forwarded to the City Clerk for incorporation in ordinance form
and the item was placed before the Commission for first reading
consideration.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Board has forwarded the proposed ordinance with a
recommendation that it be enacted. The documentation before the
Board shows that the proposed ordinance is consistent with
statements of policy as contained in the "Policy Guide".
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THE EFFORT ALWAYS MATTERS
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To: Walter O. :ry, City Manager
Re: City Commission Documentation
Meeting of March 22, 1988
First Reading of Ordinance Amending the Zoning Code with
Respect to the Height Limitations
Page 2
In response to public comment, the Board modified its initial
draft to:
a) extend the overlay designation to the C.B.D.;
b) to delete a proposal to designate areas in which
criteria for going to a 90' limitation would apply;
c)
added an additional
designation, said area
and Dixie Highway south
area to the 60'
being between Federal
of Lindell;
overlay
Highway
d) and minor housekeeping/consistency items.
These modifications have been included in the proposed ordinance
as drafted by the City Clerk.
OTHER COMMENTS:
Subsequent to the Planning and Zoning Board's action, the C.R.A.
took a formal action to request that the height regulations
should apply in the C.B.D. in the same manner that they apply
elsewhere. Accommodating such a request would require a
modification to the ordinance as presently drafted. However,
formal notice of the Community Redevelopment Agency's action has
not been presented to this Department.
ALTERNATIVE ACTIONS:
1. Have first reading of the ordinance, as drafted, and
set a public hearing for second reading.
2. Have first reading of the ordinance incorporating the
request as made by the C.R.A. (if such a request is
formally submitted) and set the public hearing for
second reading.
3. Defer action at this time and schedule for discussion
at.?- work session prior to formal consideration of the
Board's recommendation.
RECOMMENDED ACTION:
By motion, hold first reading of the ordinance (incorporating the
Community Redevelopment Agency's request if it is formally
received) and set a public hearing date for second reading.
Attachments:
Proposed Ordinance (furnished by the City Clerk)
P & Z Board staff report of February 22, 1988
Minutes' excerpt of February 22nd P&Z Public Hearing
Minutes' excerpt of February 29th P&Z Continued Meeting
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,. ~ Community
'-III Redevelopment
-a Agency
Delroy Beach
March 17, 1988
APR 1 'I~do
Mr. Walter Barry
City Manager
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Mr. Barry,
At their meeting of March 2, 1988 the Community
Redevelopment Agency Board reviewed a proposal by the Planning
and Zoning Board to amend the zoning code to permit additional
building height in certain areas of the city,' including the CBD
zone. As it was presented to the CRA Board, the amendment would
require that buildings exceeding the present 45 foot height
limitation in the CBD would need to provide an additional 2 feet
of setback for each 1 foot of height requested above the
limitation. In addition, those projects would need to meet one of
two requirement to provide either parking on the ground floor
level or be of a type of construction or use that would require
extraordinary floor to floor dimensions.
It was the unanimous recommendation of the Board to support
the proposed amendment permitting additional height. The Board
further requested that the requirement for additional setbacks in
the CBD district be stricken from the proposed amendment and that
projects in the CBD be given the option of providing either the
additional setback, first floor parking or extraordinary floor to
floor dimension as other projects under the proposed amendment
would be required to do.
Very truly yours,
~
cc: Agency Board Members
64 S.E. 5th Avenue. Delroy Beach. Florida 33444
(305) 276-8640
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DEPARTfv'r.:NTAL
CORRESPONDENCE
[ITY OF
DELRAY BEA[H
~~(j
TO
G,alt r O. _Barry. City Manage. r
-...~~~.~C/lC{
J. Kovacs, Director --
Department of Planning and Zoning
FROM
CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 22, 1988
ANNEXATION OF ENCLAVES 6. 7. 9. 11 and 12
DATE March 15. 1988
SUBJECT
ITEM(S) BEFORE THE COMMISSION:
The action requested of the City Commission is first reading of
five separate annexation ordinances. These ordinances are for
five of the enclaves which are to be annexed to the City under
authority granted by the Delrav Beach Enclave Act.
A separate
for each
enclave.
ordinance is required for each separate enclave and
zoning classification which is applied within an
BACKGROUND:
The City Commission has heretofore accepted the Enclave Report
which was prepared pursuant to Florida Statutes which require
preparation of an "urban services plan" as a prerequisite to
commencement of certain annexations. Upon acceptance of the
report, the Commission directed that the annexation process be
initiated in a manner consistent with the report.
These first five enclaves represent a "shakedown" of the
processing required for formal annexation. These five enclaves
were chosen for processing since they are straightforward and do
not present any problems or concerns with regard to land use or
provision of services. Letters of notification to property
owners, letters of notification regarding zoning to adjacent
property owners, and a legal notice in the newspaper have been
provided. Special notice requirements are required prior to the
commission's public hearing at second reading. These will be
handled by the City Clerk.
Cf, )0,
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eM 362
THE EFFORT ALWAYS MATTERS
.
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To: Walter O. ,rry, City Manager
Re: City commission Documentation
Meeting of March 22, 1988
First Reading of Five Separate Enacting Ordinances for the
Annexation of Enclaves 6, 7, 9, 11 and 12
Page 2
PLANNING AND ZONING BOARD RECOMMENDATION:
The Planning and Zoning Board will hold its public hearing on
Monday March 21, 1988. The findings which the Board will be
required to make following that public hearing include:
1. that these annexations will not create an enclave;
2. that service will be provided to these properties in a
manner similar to that for similarly situated
properties which are already in the City;
3. that the proposed zoning is consistent with adjacent
zoning and complies with the findings required of Code
Section 30-23-D.
Each of these findings has been documented in the staff report
which has been provided to the Board. The Board's formal
recommendation will be presented to the Commission on Tuesday
evening.
The proposed zoning for all of the properties in each of these
enclaves is R-1-AA. All adjacent properties are currently zoned
R-1-AA.
ALTERNATIVE ACTIONS:
1. Continue with direction.
2. Hold first reading of the individual enacting
ordinances and set the public hearing date for second
reading.
RECOMMENDED ACTION:
By motion, adopt the individual enacting ordinances on first
reading and set the hearing date for second reading (tentative
date is April 26, 1988).
Attachments:
- location map for Enclaves 6,7,8,11 and 12
- individual enacting ordinances (provided by City Clerk)
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1~~1 ENClAVE ACT STUDY
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CITY [f lIl.ffiY BEflDj
NG 8 Zl>>IfMJ
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ORDINANC~ NO, 11-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH. FLORIDA. ANNEXING TO THE
CITY OF DELRAY BEACH LOT 39. LAKE SHORE
ESTATES. ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 25. PAGE 26. OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA.
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI-
PAL LIMITS OF SAID CITY: SAID LAND IS LOCATED
AT THE SOUTHEAST CORNER OF N,W, 22ND STREET
AND N.W. 2ND AVENUE: REDEFINING THE BOUNDA-
RIES OF SAID CITY TO INCLUDE SAID LAND:
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND: PROVIDING FOR THE ZONING THEREOF
TO R-IAA (SINGLE FAMILY DWELLING) DISTRICT:
PROVIDING A GENERAL REPEALER CLAUSE: PROVID-
ING A SAVING CLAUSE: PROVIDING AN EFFECTIVE
DATB:
WHEREAf',. t.he Legis lat.llre of t.he ;O,t,at.e of F) ori d,,", passed
t.he Delray Beach Enclave Act.. Ohapt.er 86-427, Laws of ,Florida.
providing for the annexat.ion of enclaves wit.hin the general
bOllndaries of the City of Delray Beach: and.
Cit.y of
e lect;or~;
would be
dllm held
election
WHEREAS. pursuant. t.o the Delray Beach Enclave Act.. the
Delray Beach called for a referendum of t.hose qualified
within t.he City of Delray Beach and t.he enclaves that.
subject. t.o annexat.ion under the Act. with said referen-
on November 4. 1986. in conJunct.ion wit.h a general
for Palm Beach County. Florida: and.
WHEREAS. the referendum held on November 4.
approved bv a single mi'dorit,y vot,e of f',aid qualified
and.
1986. was
elect.ors:
WHEREAS. t.he Cit.y of Delray Beach has prepared an
Enclave Report. out.lining t.he Cit.y's plan for implementation of
t.he Delray Beach Enclave Act.. which ident.ifie"" si.xt.y-.five (65)
enclaves eligible for annexation pursuant to the Act: and.
WHEREAS. t.he Cit.y of
Ru~horized to annex lanrtR in
f!~nc~ I Fi VA Act,.
D~lray BARCh has heretofore
accordance wit.h t.he Delray
been
Bea.ch
NOW. THEREFORE. BB~ IT OI~DA TNED BY THB; C TTY COflNC: If, OF
THE C TTY OF DELRA Y REACH. Ff,OR TllA. Af', FOLLOWS:
:o,ect.i.o.n 1, That, t.he C', ty COI.H1ci]
Beach. Palm Beach County. Florida. hereby
the following described land located in
Florida. which lies contiguous to said City
of the Cit.y of Delray
annexes to said City
Palm Beach County.
to-wi t.:
Lo.t. 39. LAKE SHORE ESTATES. according t.o
Plat. t.hereof recorded in Plat. Book 25.
26. of the Public Records of Palm
Count.y. Florida.
the
Page
Beach
The subject. property is located at t.he
sout.heast corner of N.W, 22nd Street. and N.W.
2nd Avenue.
The above described parcel cont.ains a 0.38
acre parcel of land. more or Jess.
9
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S.E;'Qt.i.QJL2.L That, t.he 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.
SectiQD__1~. That Section 30-23 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 R-IAA (Single Family
Dwelling) as defined by existing ordinances of the City of Delray
Beach. Florida.
P'.eoUon A.. That. the land hereinabove descri.bed shall
immediately become subject to all of the franchises, privileges.
immunities. debts. obligations. ],iahi.Jities. 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.
:~"l.(::.ti'<:U:L5., That. t,hIs annexation of t.he 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 bv the City pursuant to current require-
ments and condi.tions.
:~-"'J';.t.jOXL.6.,_ That all ordinance;o, or parts of ordinances
in conflict herewith be. and the same are hereby repealed,
s.~(~t,j_QJ} .1..,. That. should any sect.ion or provislon of
this ordinance or any port.ion t.hereof. any paragraph, sentence.
or word be declared by a Court of competent jurisdiction to be
invalid. such decision shall not affect t.he validity of t.he
remainder hereof as a whole or part thereof ot.her than the part
declared to be Invalid.
:",e.c.t..Ion.a... That, t.hls ordinance shall become effecti ve
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on this the
rp.guJar session
day of
on
second and
1988,
!1 A Y 0 R
ATTEST;
City Clerk
First Reading
~:lecond Read i ng
- 2 -
Ord. No. 11-88
ORDINANCE NO. 14-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH. FLORIDA. ANNEXING TO THE
CITY OF DELRAY BEACH LOT 1. LAKE SHORE
ESTATES. AND LOT "A". LAKE SHORE ESTATES.
ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 25. PAGE 26. OF THE PUBLIC RECORDf',
OF PALM BEACH COUNTY. FLOR IDA. WH ICH I,AND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY: SAID LAND IS LOCATED AT THE
SOUTHWEST CORNER OF THE INTERSECTION OF N,W.
22ND STREET AND LAKE DRIVE. AND ON THE WEST
SIDE OF THE INTERSECTION OF N,W. 22ND STREET
AND LAKE DRIVE: REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR
THE RIGHTS AND OBLIGATIONS OF SAID LAND:
PROVIDING FOR THE ZONING THEREOF TO R-1AA
(SINGLE FAMILY DWELLING) DISTRICT; PROVIDING
A GENERAL REPEALER CLAUSE: PROVIDING A SAVING
CLAUSE: PROVIDING AN EFFECTIVE DATE,
WHEREAS. the Legislature of the State of Florida passed
the Delray Beach Enclave Act. Chapter 86-427. Laws of Florida.
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach: and.
WHEREAS. pursuant t~ the Delray Beach Enclave Act. the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act. with said referen-
dum held on November 4. 1986. in conjunction with a genera]
election for Palm Beach County. Florida: and.
WHEREAS. the referendum held on November 4. 1986. was
approved by a single majority vote of said qualified electors:
and.
WHEREAS. the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act. which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; and.
WHEREAS. t,he Cit.y of
authorj_zed to ~nnex lands in
Enclave Act.
De I ray Beach has heret.ofore
accordance with the Delray
been
Beach
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS;
::;",')tiDXL.1.._ Tha t the C.\. t,y Counc i ]
Beach. Palm Beach County. Florida. hereby
the following described land located in
Florida. which lies contiguous to said City
of the City of Delray
annexes to sai,d City
Palm Beach County.
t.o-wit;
Lot 1. LAKE SHORE ESTATES. according to
Plat therAof recorded in Plat Book 2fi.
26. of the Public Records of Palm
County, Florida.
the
Page
Beach
The subject property is located at
SOlJthwest corner of the intersect.ion of
22nd Street and Lake Drive,
the
N. W.
The above-described parcel cont,ains a 0.73
acre parcel of land. morA or less,
10
TOGETHER WITH
Lot "A". LAKE SHORE ESTATES. according to the
Plat thereof recorded in Plat Book 25. Page
26. of the Public Records of Palm Beach
County. Florida.
The subject property is
side of the intersection
and ["ake Drive,
located on the west
of N.W. 22nd Street
The above-described
acre parcel of land.
p.:::lrce.l cont,ains
more or less.
a
0.27
Section 2. That the Boundaries of the City of Delray
Beach. Florida. are hereby redefined to include therein the
Rbov~-described tract of J.and anrl said land is hereby declared to
be within the corporate limits of the City of Delray Beach.
Florida,
S.e<:'"tiQ~3..L That :3ectlon 30-23 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 R-1AA (Single Family
Dwelling) as defined by existing ordinances of the City of Delray
Beach. Florida,
:3BJ::1,.i'OIL4.... That the land hereinabove described shall
immediAtely become subject to all of t,he 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.
5.e~:t_i.QrL.t!,_L That t.hi::; annex.~t.i.on of t,he f:.ubject, proper-
ty. including adjacent roads. alleys. or the like. if any. shall
not be deemed accept.ance by the Ci t.y of any mal ntenance responsi-
bility for such roads. alleys. or the like. unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
S~G.t.j.on..6.. That all ordinances or parts of ordinances
In conflict herewith be. and the same are hereby repeAled.
5<oo1,1QTI....7., That should any section or provision of
this ordinance or any portion t.hereof. any paragraph, sentence.
or word be declared by a Court of competAnt jurisdiction to be
invalid. such decision shall not affect the validity of the
remainder hereof as a whole or part thereof ot.her than t.he part
declared to be invalid,
SftG.tJnT\....8. ThAt t.his ordinance ShAll become effective
immerliately upon passage on second ~nd final re~ding.
final
PASSED AND ADOPTED in
reading on this the
regular
day of
session
on second and
1888.
ATTEST:
MAYOR
Cit.y C:,lerk
First. Reading ..._....
:'3ec:ond Re8.d ing
- 2 -
Ord. No. 14-88
'.
ORDINANCE NO, 15-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH. FLORIDA. ANNEXING TO THE
CITY OF DELRAY BEACH LOT 19. LAKE SHORE
ESTATES, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 25. PAGE 26. OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA.
WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY: SAID LAND IS
LOCATED SOUTH OF N.W. 22ND STREET. ON THE
EAST SIDE OF THE CUL-DE-SAC AT THE END OF
N,W. 4TH AVENUE: REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR
THE RIGHTS AND OBLIGATIONS OF SAID LAND:
PROVIDING FOR THE ZONING THEREOF TO R-1AA
(SINGLE FAMILY DWELLING) DISTRICT: PROVIDING
A GENERAL REPEALER CLAUSE: PROVIDING A SAVING
CLAUSE: PROVIDING AN EFFECTIVE DATE.
WHEREAS. the Legislature of the State of Florida passed
the Delray Beach Enclave Act. Chapter 86-427. Laws of Florida.
providing for the annexation of enclaves within the genera]
boundaries of the City of Delray Beach: and.
WHEREAS, pursuant to the Delray Beach Enclave Act. t.he
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act, with said
referendum held on November 4. 1986. in conjunct.ion with a
general election for Palm Beach County. Florida: and.
WHEREAS. the referendum held on November 4. 1986. was
approved by a single majority vote of said qualified electors:
and.
WHEREAS. the City of Delray Beach has prepared an
Ennlave Report outlining the City's plan for implementation of
the Delray Beanh Enclave Ant. whinh identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act: and.
WHEREAS. tbe City of
Rl.lthorized to annex lands in
~;nc 1 a ve Act"
Delray Beacb has heretofore
accordance with the Delray
been
RAFt~h
NOW. THF:REFORE, R~; IT ORDA INED BY THE CITY CGUNC 1[, OF
THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS:
Section 1. That the City Council
Beacb. Palm Beach County. Florida, hereby
the following described land Ipcated in
Florida. which lies contiguous to said City
of the City of Delray
annexes to said (~ity
Palm Beach County,
t.o-wit:
Lot 19. LAKE SHORE ESTATES. according to
Plat thereof recorded in Plat Book 25.
26. of the Public Records of Palm
COlmt,y. Florida.
t,he
Page
Beach
The subject property is located south of N.W,
22nd Street. on the east side of the
cnl-de-sac at. t.he end of N, W. 4t,h Avenue.
The above described parcel contains a 0.45
acre parcel of land. more or less,
II
Section 2. That the Boundaries of the City of Delray
Beach. Florida. are herehy redefined to include therein the
above-descri hed tract of land and said land is heretfv declared t.o
he within the corporate limits of the City of Delray Beach.
Florida.
S.""cJ,JDn:;L. That. Sect.ion 30-23 of t.he Zoning Code has
heen followed in the est.ablishment. of a zoning classificat.ion in
this ordinance and the tract of land hereinabove described is
herehy declared to be in Zoning Dist.rict R-IAA (Single Family
Dwelling) as defined by exist.ing ordinances of t.he City of Delray
Beach. Florida,
:~ecti(>n 4.. That, t.he land herein,3bove descri bed 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
suhjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach,
SectLo.I\_5L That this annexatinn of t.he suhject proper-
ty, including adjacent roads. alleys. or the like. if any. shall
not be deemed acceptance by t.he City of any maintenance responsi-
bility for such roads. alleys. or the like, unless otherwise
2,pecifically initiat.ed by t.he Cit.y pursuant to current. require-
ments and conditions.
f!_eQ.t,jc~~n H.. That..,] 1 or-dj n;::,nceg or part.s of 0)"'11j nances
in conflict herewith be. and the same are herehy repealed,
fleotJrm. 7. That. s hou ld any ",ecti on or provis ion of
this ordinance or any portj.on thereof. any paragraph. sentence.
or word he declared by a Court of competent jurisdict.ion 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 he invalid.
S_~{~t,j_Qn_~~,_ Th:,t. this ordinance ::"haJ 1 become effective
immediately upon passage on second and final reading,
fin,;]
PASSED AND ADOPTED in
reading on this the
regl.l1ar ~p.s;::-;jon
day (If
on
sp.(;ond :'ind
_. 19B?,.
MAY U R
ATTEST:
City Clerk
First. Reading
Second Reading
- 2 -
Ord. No. 15-88
II
!!
ORDINANCE NO. 16-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH. FLORIDA. ANNEXING TO THE
CITY OF DELRAY BEACH LOT 5. LAKE SHORE
ESTATES. ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 25. PAGE 26. OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA.
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI-
PAL LIMITS OF SAID CITY; SAID LAND IS LOCATED
ON THE WEST SIDE OF THE CUL-DE-SAC AT THE
sonTH END OF LAKE DRIVE; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; PROVIDING FOR THE ZONING THEREOF
TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS. the Legislature of the State of Florida passed
the Delray Beach Enclave Act. Chapter 86-427, Laws of Florida.
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach; and.
WHEREAS, pursuant to the Delray Beach Enclave Act. the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act. with said referen-
dum held on November 4. 1986, in conjunction with a general
election for Palm Beach County. Florida; and.
WHEREAS. the referendum held on November 4. 1986. was
approved by a single majority vote of said qualified electors;
and.
WHEREAS. the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act. which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; and.
WHEREAS. the City of
aut.horiz.ed to annex lands in
Enclave Act.
Delray Beach has heretofore
accordance with the Delray
been
Beach
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS:
5 "-0.t ion. 1... That the City Council
Beach. Palm Beach County, Florida. hereby
the following described land located in
Florida. which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
to-wit:
Lot 5. LAKE SHORE ESTATES. according to
Plat thereof recorded in Plat Book 25.
26. of the Public Records of Palm
County. Florida.
the
Page
Beach
The subject property is located on the west
side of the cul-de-sac at the south end of
Lake Drive.
The above described parcel contains a 0.79
acre parcel of land, more or less.
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~"-Q~t.QJ:L_2_,_ That. the Boundaries of t,he Cit,y of Delr.~y
Beach. Florida. are hereby redefined t.o 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,
~tj~~~ That Sec.tion 30-23 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 R-IAA (Single Family
Dwelling) as defined by existing ordinances of the City of Delray
Beach. Florida,
:2ect.iQuA_," 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,
:ieQliQJ:L5~ That this annexat,ion of t,he subject proper-
ty, inclUding adjacent roads. alleys, or the like, if any. shall
not be deemed acceptance by the City of any maintenance responsi.-
bi.lity for such roads. alleys. or the like. unless otherwise
specifi.cally initiated by the City pursuant to current require-
ments and conditions,
Qe.s::.llon-DJ_ That all ordinances or parts of ordinances
i.n confli.ct herewith be. and the same are hereby repealed,
Se('tiD~ That should any secti,on or provision of
this ordinance or any porti.on thereof, any p~ragraph, sentence.
or word be declared by a Court of competent Jurisdiction to be
invalid. such decision shall not affect the validi.ty of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid,
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~e_Q:ti.Qn_fL.. That this ordinance s hall become effective
immediately upon passage on second and final reading,
PASSED AND ADOPTED in
final reading on thi.s the__~___
regular session on second and
day of__________________________, 1988.
.-- ----- - -_.,----- -"---'-'-- - - - --_._-------~-
MAY 0 R
ATTEST:
---. - -_. ..-. -- -.----., ,,--.- ..--'-.---- -~--_._--._----- --'--- -----
City Clerk
Fi.rst, Reading_____________________
Second Reading
- 2 -
Ord. No. 16-88
ORDINANCE NO. 17-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA. ANNEXING TO THE
CITY OF DELRAY BEACH LOT 15. LAKE SHORE
ESTATES. ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 25. PAGE 26. OF THE
PUBL IC RECORDS OF PALM BEACH COUNTY. FLOR IDA.
AND LOT 2. SECOND ADDITION TO HIGH ACRES.
ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 23. PAGE 37. OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY. FLORIDA. WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; SAID LAND IS LOCATED ON THE WEST
SIDE OF THE CUL-DE-SAC AT THE SOUTH END OF
N.W. 4TH AVENUE. AND ON THE NORTH SIDE OF
N.W. 18TH STREET. BETWEEN N.W. 4TH AVENUE AND
LAKE DRIVE; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO R-IAA
(SINGLE FAMILY DWELLING) DISTRI~T; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS. the Legislature of the State of Florida passed
the Delray Beach Enclave Act. Chapter 86-427. Laws of Florida,
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach: and.
"
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WHEREAS, pursuant. to t,he Delray Beach Enclave Act. t.he
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject t,o annexation under t.he Act. wi t.h said referen-
dum held on November 4. 1986. in conjunction with a general
election for Palm Beach County. Florida; and.
WHEREAS. the referendum held on November 4. 1986. was
approved by a single majority vote of said qualified electors:
and.
WHEREAS. the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act. which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; an4.
WHEREAS. the City of
authorized to annex lands In
Enclave Act.
Delray Beach has heretofore
accordance with the Delray
been
Beach
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS:
Segtion__L. That the City Council
Beach. Palm Beach County. Florida. hereby
the following described land located in
Florida. which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County.
to-wi t:
Lot 15. LAKE SHORE ESTATES. according to
Plat thereof recorded in Plat Book 25.
26. of the Public Records of Palm
Count.y. Florida.
the
Page
Beach
13
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The subject property is
side of the cul-de-sac
N. W. 4th Avenue.
located on the west
at the south end of
The above-described
anre parcel of land.
parce 1 nont,a i ns
more or less,
a
0.54
TOGETHER WITH
Lot 2. SECOND ADDITION 1'0 HIGH ACRES.
according to the Plat thereof recorded in
Plat Book 23, Page 37. of the Public Records
of Palm Beach County. Florida,
The subject property is located on the north
side of N.W. 18th Street. between N.W, 4th
Avenue and Lake Drive.
The above-described
acre parcel of land.
parcel contains
more or less.
a
0.31
Q!"ccct.1.QXL 2..... That t.he BoundarieE', of the City of Delray
Beach. Florida. are hereby redefined to include therein the
above-described tracts of land and said land is hereby declared
to be within the corporate limits of the City of Delray Beach.
Florida.
:""O'Qt.1J>n.3,. That Section 30-23 of t.he 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 R-IAA (Single Family
Dwelling) as defined by existing ordinances of the City of Delray
Beach. Florida.
3.~.QtiQn_4. That the land herei nabove 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.
Sect~on~, That this annexation of the subject proper-
t.y. inc]llding adji;lcent roads. alleys. or t.he 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
specifi.cally initiated by the Cit.y pure.uant. to current. requi re-
ments and conditions.
S~.Qt_iQn.3~_ That all ordinancee, or parts of ordinances
in conflict herewith be. and the same are hereby repealed.
Sectton7L 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.
3e('c1:.1-Q)LI3.... That t.h1s ordinance shalJ become effective
immediately upon passage on second and final reading.
- z -
Ord. No. 17-88
PASSED AND ADOPTED in
final reading on this the ____
regular session on second and
day of _________________. 1988.
MAY 0 R
ATTEST:
City Clerk
First. Readinl<
Second Relldinp:
- 3 -
Ord. No. 17-88
DEPART-1ENTAL
CORRESPONDENCE
TO
Walter O. Barry, City Manager
[ITY OF
DELRAY BEA[H
~~~
FROM
)
~~Gerald B. Church, P.E.
f Director of Public Works/City Engineer
SUBJECT
VARIANCE REQUEST BY JEANNE STAHL
2/8/88
Jeanne Stahl requests a variance to Chapter 9, Article XV.5,
Section 9-529b, Condition 2 (required 10' setback for docks).
Background: Mrs. Dorothy McArthur (1020 Seas age Dr.) requested
that this office determine if the dock being constructed at 1026
Seasage had been issued a permit. The Engineering Department
determined that no permit existed and ordered all work stopped
until a permit had been obtained. Said permit was obtained and
plans were approved with a la' setback (Permit #5730-87M). After
the dock construction was completed, Mrs. McArthur again called
this office requesting that an inspection be done -- she felt the
dock was too close to her property. Said inspection confirmed
that the dock was too close to the adjacent property.
On April 6, 1987, Ms. Stahl was officially notified of the problem
(see attached letter). The contractor at no time during the
construction of this dock notified Engineer: ,- 9 that work was under-
way, nor did he request the required inspect ons.
Since this dock could have been built to cod' without causing a
hardship for the petitioner, Engineering recommends this variance
not be granted.
This item had been placed on the City Commission's May 26, 1987
Meeting Agenda, but was requested to be withdrawn by Ms. Stahl.
The adjacent property owner has been contacted for comments on
requested variance.
GDC:GBC:ji
Attachments
14-
eM 362
THE EFFORT ALWAYS MATTERc
CODE ENFORCEMENT BOARD ORDER OF THE CITY OF DELRAY BEACH, FLORIDA
RE: CASE NUMBER C.E.B. 87-1732
Jeanne Stahl
1026 Seasage Drive
Delray Beach, Florida 33444
VIOLATION ADDRESS AND
LEGAL DESCRIPTION: 1026 Seasage Dr.,
Delray Beach, Florida; Lot 13, Block
5, Seagate Extension according to
Plat Book 24, Page 67 of the official
records of Palm Beach County, Florida
At the Code Enforcement Board Hearing held on January 26, 1988, Jeanne Stahl
was found guilty by the Code Enforcement Board of the City of Delray Beach of
violating City of Delray Beach Code of Ordinance Sections as enumerated below.
The violations OCcur on property that the Code Enforcement Board determined
you own in Delray Beach as legally described above as the violation add~ess
and legal description.
The Code Enforcement Board found that you were notified of the violations
enumerated below on or about August 5, 1987, and further that you were proper-
ly notified of this Code Enforcement Board Hearing on January 7, 1988 by
Certified Mail which was received by Jeanne Stahl. Jeanne Stahl was not
present at the above hearing.
Based on testimony and evidence offered to and accepted by the Code Enforce-
ment Board of the City of Delray Beach by Gates Castle, Assistance City
Engineer, the Code Enforcement Board adjudged by a vote of 7 to 0 that you
were guilty of the following violations which were determined to occur at the
above violation address and legal description locatL'n:
1. Code of Ordinance Section 9-529(b) (2) which requires that docks not
be constructed within 10 ft of the property line of adjacent proper-
ty when the frontage is 100 feet or less.
The evidence submitted and accepted indicated that the frontage of
the property in question is 100' or less and that a dock was bUilt
closer than 10' of the property line of the northerly adjacent
property.
It is hereby ordered and adjudged by the Code Enforcement Board of the City of
Delray Beach that Jeanne Stahl be given 60 days from the date of this Board
Order to correct the aforementioned violations by either receiving a variance
from the City Commission of Delray Beach or removing the portion of the dock
built closer than 10' to the adjacent property line. If the required
corrections are not made within the above time period, a fine of $10/day shall
be assessed for each and every violation not corrected until fin~l correction
is achieyed. There shall be a presumption of non-compliance unhBS the viola-
tor notifies the Code Enforcement Division of the City of Delray Beach of
compliance on a timely basis.
QM1~~
Chairman
~/d;-. In 1~7?g
Date
Certified Mail # P 391 596 572
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ENGINEERING DIVISION
April 6, 1987
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CERTIFIED MAIL
#P 391 503 424
RETURN RECEIPT REQUESTED
Mrs. Jeanne Stahl
1026 Seas age Drive
Delray Beach, Florida 33444
11:CrJ. J l}.q <- --r - 7J V'\', \l ~
Re: Dock on Lot 13, Block 5
Seagate
Dear Mrs. Stahl:
As per our conversation, March 10, 1987, your newly
constructed dock does npt conform to the plans
approved by this office for issuance df a Building
Permit. The nonconformance, specifically the dock
extends within ten feet of the adjac~nt property.
You must either obtain a variance frn:City Com--
missioners (contact Donna - Ext. 12 in the Building
Department) or remove that section c the dock that
does not conform.
You will have thirty (30) days to respond or this
matter will be forwarded to the Code Compliance
Division.
If this office can be of any assistace, please con-
tact me.
Very t~uly yours,
S-!y.-L 0-fl
Stephen W. Ford
Coastal/Land Development Engineer
SWF:mrc
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[ITY OF DELAAY BEA[H
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
305/243- 7000
MEMORANDUM
TO:
Mayor and Members of City
Commission
..//'
tAl .
FROM:
Walter O. Barry, City Manager
SUBJECT:
PLANNING & ZONING BOARD ACTIONS
March 22, 1988
DATE:
Attached are memos to me from the Director of Planning & Zoning
regarding actions taken at the Planning & Zoning Board meeting
of March 21st.
The first details certain comments made in opposition to the
annexation of enclaves scheduled for consideration on tonight's
agenda. It appears that item e under comments from Bill Murtha
should be addressed. It is possible that payment for costs of
water connections made during the enclave process can be spread
over a five year period on an installment basis using market
rate interest on the balance outstanding. The other items
appear to have been answered at the Planning & Zoning Board
meeting.
Item 17 regarding the Pylon Professional Building generated
considerable discussion at the Planning & Zoning Board last
evening. The Planning & Zoning Board recommended in favor of
the specific use request but did agree to stipulate that
concerns regarding security at the entry, a wall to the north, a
hedge to the south, and drainage to the north be addressed and
resolved prior to any additional use requests or modifications
to the SAD and that physical solutions be provided within 120
days of approval of this use request to the Pylon SAD.
These items do not change the recommendations made in the agenda
report.
WOB:nr
Encl
THE EFFORT ALWAYS MATTERS
. . Df"PAq--V.' "=\'-- f'1 .
iC. - 1\-
CORRESP C'\JDEI JCE
----- .-~
TO
/"
Walte~o. ~a.rry, C.!ty Manager
~0) ,) :J...)J,>5<.__
David J. Kovacs, Director
Department of Planning and Zoning
I' p ~ I
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FROM
SUPPLEMENTAL CITY COMMISION DOCUMENTATION
MEETING OF MARCH 22, L988 - AGENDA ITEM 8
SUBJECT ENCLAVE ANNEXATIONS
D'
March 22, 1988
At its meeting of March 21, 1988, the Planning and Zoning Board
conducted its pUblic hearing on this subject and did forward a
recommendation that the enclaves be annexed.
However, during the public testimony, objections vlere raised.
These objections included:
Marilyn Carr. Citizens Aqainst Political Annexation
(CAPA), questioned the City's authority to rezone the
properties. She referred to section 4 of the Enclave Act
which required that the City not prohibit continuance of an
existing use. It was explained that section 4 was
specifically referring to "use" and did not include the term
"zoning".
Bill Murtha, CAPA, raised or demanded the following:
a)
an exact accounting of the differences
County RS zoning and City R-IAA zonlng
Board responded only to the question of
stating both districts allowed single
residential units;
between
the
use by
family
b) that the enclave question is in litigation since a
suit was filed in october, 1987. He stated that
the Court has not told the City that it could
continue the annexation process. The Board
responded that the City is proceeding upon the
knowledge of the City Attorney who is our legal
advisor in this matter. And, that the Court has
not told the City that it could not proceed.
c) a claim that the City has not directed the enclave
annexations to be pursued; the Board responded
that upon acceptance of the Enclave Report
direction was given, and funding authorized, to
proceed with the enclave annexations.
~
eM 362
THE EFFORT ALWAYS MATTERS
To: Walter O. Barry, City Manager
Re: Supplemental City Commission Documentation
Meeting of March 22, 1988 - Agenda Item 8
Enclave Annexations
Page 2
d) that the City misled individuals into believing
that once annexed, county taxes would not have to
be paid. The Board informed Mr. Murtha that such
a representation was not accurate. Mr Murtha
produced literature distributed by the City at the
time of enclave referendum which supported his
claim.
e) that the City misled individuals into believing
that properties which connected to the water
system post annexation through the enclave process
would have any charges allocated over a five year
period instead of all charges paid at the time of
installation. He produced documentation to that
effect. He then claimed that individuals have
been forced to pay full costs when they annexed
and sought water service. The Board responded
that 1) individuals who voluntarily sought
annexation for water service did indeed have to
pay all charges at the time of installation of
service, and, 2) the City Commission would have to
deal with the representations made regarding
allocation of payment over a period of time.
Larry Shramko. owner of Lot 2 Hiqh Acres Addition A,
located in Enclave 12: Objected to the annexation. His
property is on a well and is on City sewer. His objections
followed the reasoning expressed by Mr. Murtha. A primary
objection was to an increase in taxes. The Board noted that
the property tax increase on all of Enclave 12 would be less
than three hundred dollars.
There were also claims, by individuals representing property
owners who did not appear, that a specific owner did not receive
notice. A review of the files showed that the named property
owner was on all mailing lists and was on the "mailing label"
reproduction.
The above is provided for information and documentation purposes.
c:
City Clerk
City Attorney
Project File
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eel ~ F:I:: ~,p :: \J f:iEI'J CE
-.....-- - .--"...-.
TO
Walt~: O. Barry, C4,Y ~lanager
\~--' (',- ,) \,' l)( ()(lC
David J. Kovacs, '~irector " \....
Department of Planni.ng and ZOl1i~g
I
DELI II " I I A[H
~:~,;;~ Ci
FROM
SUPJ>LEl1ENTAL C [TY COMMISSION DOCUMENTATION
MEETING OF MARCH 22, 1988 - AGENDA ITEM 17
PYLON PROFESSIONAL BUILDING S.A.D. MODIFICATION
SUBJECT
lA March 22, 1988
At its meeting of [~arch 21, 1988, the Planning and Zoning Board
conducted its public hearing on this item. There were several
residents present and objections were aired regarding physical
aspects of Pylon Professional Building and the resulting impacts
upon adjacent properties.
While there were no objections to the specific use request before
the Board, it was felt by the Board and neighbors that the
adverse physical impacts should be corrected as a part of the
S.A.D. modification process.
Areas of Objections included:
improper buffering to the south,
improper drainage to the north,
improper buffering/screening to the north.
improper use of the parking area in the evening
The Board addressed
recorrunendation:
the
matter
through
the
following
1. to allow the specific tenants of National Film Service
and strategic Training Systems to have occupancy;
2. that the concerns aired regarding security at the
entry, a wall to the north, a hedge to the south, and
drainage to the north all be addressed and resolved
prior to consideration of any additional use requests
(Le. modifications to the S.A.D.); and,
3. that physical solutions be provided for the above items
within 120 days of the approval of this modification.
If this is not done, the City will seek removal of
tenants.
The above recommendation accommodates the desire of the owner to
have his two tenants on the property as expeditiously as possible
and provides leverage to the City to have the adverse physical
impacts appropriately addressed.
c:
City Attorney
City Clerk
Project File
/'1
eM 362
T -IE EFFon ALWAYS MATTERS
DEPARTrvC:NTAL
CORRESPONDENCE
[ITY OF
DELRAY BEA[H
TO ~~:e~ 0.. Ba~~y, ~ty Manage~
~~J. CD~'..?--
FROM David J. Kovacs, D ~ecto~
Depa~tment of Planning and Zoning
CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 22, 1988
SUBJECT UTILIZATION OF COMPACT CAR PARKING SPACES
~A T'C March 15, 1988
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is approval of a request
for Administrative Relief to parking requirements. Said relief
is to allow the use of compact car parking spaces to be used in
meeting on-site parking requirements.
Such requests
commi ttee for a
City commission.
are processed through the Technical
recommendation with final action being
Code Section 30-18-F-l applies.
Review
by the
BACKGROUND:
This request for Administrative Relief was properly requested by
Charles Rhein through his letter of February 18, 1988 (copy
attached). The property is located aT 845 N.E. 6th Avenue (North
bound Federal Highway). The proposed use is a dental facility.
The project, because of its small scale, is not SUbject to
site plan approval by the Planning and Zoning Board.
Accordingly, the request was reviewed by the Technical Review
Committee.
Attached is a Departmental Memorandum setting forth the situation
and its analysis. Upon review of this information, the Committee
recommended approval, citing compliance with the requirements of
30-18-F-(1) (d).
ALTERNATIVE ACTIONS:
1. Approve.
2. Deny
3. Continue with direction
RECOMMENDED ACTION:
By motion, approval of the requested Administrative.Relief.
Attachments:
letter of 2/18/88 from Charles Rhein
staff memo of 3/2/88
IS
eM 362
THE EFFORT ALWAYS MATHh
l
,
33444
1 Faollity
'Avenue
Fl,pri~
'cCentletMjli:
..' ,',}~~ ,'~:>- ~,-"':,~';::':.~'>;~~':,, ,':-., . ,'.' , ',", .'.
.... '=j.!.'Tl;lE1\~~J6Ict 'wIll be bUJ,lt'.o)'f'il!; .
,,~:t1:f~a:t!1f;Ij.9!JlJ!ay. The proposeo ftj:;';';j.;~
"!!t![,::>t"i . . ';j~, , ;"
;fi-:~"-~~t::;, ,0" ~ , (, .
;'W~/ . .,' .uesting administrative re
parki::n~'sp!l~.s. Which will be used for;"I
The'corn' ". rl<irlg spaces would provide
cparkin,eCfen1:al practice and crelji "
to the: ,.,..~ layout.. .These parking aR
project,~~Ve~lar~~~~~~ing areas ar'
proposed bunding. We ,feel these parking sp cas
the entire project,by providing adequate parking
building layout with expanded planting areas.
with the necessity to grant the administrative relief.
are any questions or additional information required,
contact,. t the fP'UEl\Iling number: 994~9.5~~,;
""'~
.. ~:~~,,~~'<f-';' ':
After reviewing,the enclosed site plan, we feel you will agree
If there
please
>,..
"~';"'~" .
, >~4);o:" , ..,' ,.,_"" ~
- ,,- ,'.i'- .
1'Ch&l:les N. Rhein
::;",- <i',". ',,<.,
,'I::ncl
l
,-~
,
M E M 0 RAN DUM
TO: David J. Kovacs, Director of Planning and Zoning
FROM: Paul Dorling, Planner 11
SUBJECT: ADMINISTRATIVE RELIEF REQUEST FOR PROPOSED DENTAL
FACILITY
DATE: March 2, 1988
A request has been received by the Planning and Zoning
Department for Administrative Relief to allow five compact
car spaces to be used for long term employee parking under
Section 30-18(f)(1)(d). This section states:
Administrative relief may be approved in accordance
with Section 30-18 (B) (6) to allow the use of compact
car parking spaces for long term employee parking. In
order to apply for such relief, a site plan shall be
submitted showing the location and number of the
proposed compact car spaces.
Section 30-18(B)(6)(a) states:
When approved in accordance with the prOV~Slons of
Section 30-18 (F) "Administrative Relief," uses which
provide long term parking, i.e. a parking lot or
facility that is intended to be used primarily by
on-site employees, may be permitted to provide compact
car parking spaces up to thirty percent (30%) of the
total parking requirement.
The required total parking requirement for this
proposed 2,370 square foot dental facility under Section
30-18 (D)(4)(ee) is five (5) spaces per 1000 square feet, or
twelve (12) total spaces. The thirty (30%) of total parking
spaces allowed under Section 30-18 (B)(6)(a) equates to 3.6
spaces or three (3) maximum compact spaces allowed. The
proponent is providing a total of fourteen (14) spaces, two
above the required. If these two additional spaces are
provided as compact spaces, it would equal five (5)
compact spaces, the total requested in the
administrative relief.
This administrative relief request is allowable under
the Zoning Code Section 30-18 (F)(l)(d). Any approval
should be contingent on the compliance with Section
30-18(C)(3)(e) (dealing with marking requirements) and
the specification on the site plan and parking spaces,
for employee use only.
ref:PD#3/A:dentist
l
DEPARl AENTAL
CORRESPONDENCE
[ITY OF
DELRAY BEA[H
TO
Walte!; O. '" Barr~, ~ity Manager
\~. (j[cCL
David J. Kovacs, irector
Department of Planning and Zoning
FROM
CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 22, 1988
SUBJECT FILING FEES FOR ITEMS REQUIRING ACTION BY THE
HISTORIC PRESERVATION BOARD
_" March 15. 1988
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is the establishment of
fees as provided for in the Ordinance which established the
Historic Preservation Board and requirements pertaining to
matters of historic preservation.
BACKGROUND:
Code Section 31-11-(3) requires
charges" as a part of the
Historic Designation".
payment of "any nomination fee or
application for "Nomination for
Code section 31-16-(3) requires payment of a "filing fee" with an
application for a "Certificate of Appropriateness".
Both fees are to be approved by the City Commission.
HISTORIC PRESERVATION BOARD RECOMMENDATION:
At its meeting of March 10, 1988, the Board recommended that the
above fees be set at $25.00 per application.
ALTERNATIVE ACTIONS:
1. Set the fee as recommended by the Historic Preservation
Board.
2. Continue with direction as to criteria to be used in
the establishment of these fees.
REcoMMENDED ACTION:
By motion, established a fee of $25 for each of the following:
a) application for "Nomination of Historic Designation",
b) application for "certificate of Appropriateness".
c: David Huddleston, Director of Finance
Elizabeth Arnau, City Clerk
Martin O'Shea, Chief Building Official (Acting)
Clemmer Mayhew, Chairman Historic Preservation Board
110
C,i1362
THE ErFCF: A, ,\AY'< MATT[R~
1
DEPARTW:NTAL
CORRESPONDENCE
[ITY OF
DELRAY BEA[H
TO
(~.at ter O. Barry, City Manager
.~~J.kD~~~
David J. Kovacs, Director
Department of Planning and Zoning
FROM
CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 22, 1988
SUBJECT MODIFICATION TO USES PERMITTED IN THE PYLON S.A.D.
DATE March 15, 1988
ITEM BEFORE THE COMMISSION:
The action requested of the Commission
category of "general office" to the
allowed in the PYLON S.A.D.
is that of adding the
list of uses which
use
are
The process of adding uses to an existing S.A.D. Zone Designation
requires processing akin to that used in a modification to an
approved conditional use (pursuant to City commission policy
directive). It has been determined by the Director of Planning
and Zoning that this specific request be processed as a major
modification thus requiring neighborhood notice with final action
by the City commission.
The applicant has requested early consideration of this request
so that the prospective tenant National Film Service
establish its business office there.
BACKGROUND:
The PYLON S.A.D. is an office building which was built adjacent
to residential areas. The S.A.D. designation was used in order
to afford a high degree of control of the uses and of the site
development.
This request has been processed as a major modification in order
to ascertain the performance of the structure and uses in the
eyes of the neighborhood. If there are no concerns expressed, it
is intended to require the owner to process a land use plan
amendment and a rezoning to a conventional designation. If
concerns are raised, the SAD designation will be retained and
further uses accommodated through the appropriate modification
process.
The request at hand, '. general office'; is designated as "business
office" in the zoning code. Since professional offices are
currently among the list of permitted uses, it is not anticipated
that the request will present any problems.
I~
eM 362
THE EFFORT ALWAYS MATTERS
.
To: Walter O. Be ~y, City Manager
Re: City Commission Documentation
Meeting of March 22, 1988
Modification to Uses Permitted in the Pylon S.A.D.
Page 2
PLANNING AND ZONING BOARD RECOMMENDATION:
The Board will conduct its public hearing on this item at its
meeting of March 21st. The Boards recommendation will be
conveyed to the commission on Tuesday evening.
ALTERNATIVE ACTIONS:
1. Approve the modification and add "business offices" as
a use within the PYLON S.A.D.
2. Continue with direction.
3. Deny the request.
RECOMMENDED ACTION:
By motion, add "business offices" as a use allowable within the
PYLON S.A.D.
Attachment:
- location map and cover sheet from P&Z Staff Report
l
,
Meeting Date:
Agenda Item:
Item:
March 21, 1988
III.C
Conditional use request for the Pylon
Professional Center (S.A.D.) on the East Side
of Military Trail between N.W. 3rd Drive and
N.W. 5th Street
General Data:
Owner...........................Pylon Medical Associates, LTD.
Agent...........................Larry M. Schneider
Currie, Schneider and Associates
AIA, PA
Location........................East side of Military Trail
between N.W. 3rd Drive and N.W.
5th Street
Parcel Size.....................85,712 sq.ft. (1.967 acres)
Land Use Plan Designation.......MF-6 (Multiple Family - 6
units/acre)
Zoning Designation..............SAD (Special Activities District)
Adjacent Zoning.................North, South and East of subject
property is zoned RM-6 (Multiple
Family Residential); West of
subject property is zoned County
CG (General Commercial)
Current Use.....................Professional office building
Proposed Use....................General Office use in addition to
those uses allowed by the SAD
that was approved (specifically
professional offices)
Jurisdiction....................City of Delray Beach
Water Service...................Available on site
Sewer Service...................Available on site
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','"'""'1 "/; t~-' "Ii''' "-/- .t:7 n
.it\ 1:> ,__, " " , '" ,
MAR 7 1988
CITY f:'~iiAGEK S OFFIC[
March 7, 1988
Mr. Walter O. Barry
City Manager
CITY OF DELRAY BEACH
100 NW 1st Avenue
Delray Beach, Florida 33444
Re: PYLON PLAZA CONDITIONAL USE
88464
Dear Mr. Barry:
This letter is to request that the Conditional Use
PLAZA tenant space for National Film Service be
agenda for the upcoming commission meeting of March
Archit(,Cb. PIJnnf'r,>
& Interior De~)gn{'r\
25 SeabreeLe
Oelrav Bf'Jch. Fl
33444
305/276-4951,
3'11.5592,737-2279
for the PYLON
added to the
22, 1988.
We request this in order to expedite the use for this tenant
as he has urgent need to occupy that space.
Thank you for your consideration in this matter.
Sincerely,
NH'EI;R::SOC~~ES
Rpbert d. Currie, AIA
Partner
AIA, PA
RGC/jp
A:useagend.464
cc: William Ditzhazy
Bryan Delia
l
FAU UNIVERSITY TC. ER I
220 Southeast 2nd Avenue
Fort Lauderdale, Florida 33301
Telephone (305) 355-5255
FLORIDA ATLANTIC "IVERSITY
FLORIDA INTERNATIONAL UNIVERSITY
.Joint Center for Environmental and Urban Problems
March 15, 1987
The Honorable Mayor Doak Campbell
and Members of the Delray Beach City Council
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Mayor and City Council Members:
I am writing to ask you to increase your funding pledge for
the Delray Beach American Assembly to $15,000. Since our last
discussion, the Palm Beach County Commission adopted an
administrative order which establishes a funding program for
Community Consensus-Building Events. Under this administrative
order, the Board of County Commissioners may fund up to 50%, and
no more than $10,000, of the amount contributed by a local
municipality for anyone consensus-building event. This new
policy has changed our fund raising strategy to cover the
Assembly's $35,000 cost. If the City Council approves this
$15,000 request, I am confident that the County Commission will
provide matching funds of $7,500. The Delray Beach Chamber of
Commerce has already pledged $5,000 and the remaining $7,500 will
be raised from private donors.
The American Assembly Steering Committee has been meeting on
a bi-weekly basis for the last several months and has established
a viable schedule for completion of its tasks. Its first task of
determining the date and location of the conf.erence was completed
last month. The Amercian Assembly is set for May 19-21, 1988 at
Indian River Plantation. The Steering Committee's two other
tasks--developing conference discussion questions and selecting
Assembly participants--are well under way.
I am enclosing a copy of the County administrative order
which details the matching program requirements and a copy of a
memo which describes the Steering Committee role. If you have
any questions, please feel free to call me at (305) 355-5255.
S~n cere l.y, "./ ( ,
-', //
/' / -'
( i{'/.' 'L:~'~~ ~~Hav~n~smi ~h-=---
Associate Director
I~
attach
REPLY TO'
220 SOUTHEAST 2nd AVENUE, FORT LAUDERDALE, FL 33301 (305)355-5255
FLORIDA ATLANTIC UNIVERSITY, ADMINISTRATION BUILDING, Room 14A, BOCA RATON, FL 33431 (3051 393-31B5
FLORIDA INTERNATIONAL UNIVERSITY, ACADEMIC II, Room 135, BAY VISTA CAMPUS, NORTH MIAMI, FL 33181(305) 940-5B44
An Affirmative Actionl.Equa/ Opportunity Institution
l
':-~
ATTACHMENT A
A.O. No., 1-20
Ordered: January 5, 1988
Effective: January 5, 1988
ADMINISTRATIVE ORDER
PALM BEACH COUNTY
Title:. Funding for Community Consensus-Building Events
Puroose: To offer elected
regarding County funding
building events.
Authoritv: Approved by the Board of county Commission on
January 5, 1988.
officials and staff
for municipal/county
quidelines
consensus-
policv: The Board of County Commission recognizes that there
is countywide public benefit in promoting policy consensus-
building among municipalities, the business community, civic
organizations, regulatory aqencies, and the County.
Definition: As it relates to this Administrative Order, a
consensus-building event is defined as a planned activity, such
as the American Assembly process, intended to bring about a
general agreement of opinion on pOlicy-setting issues.
Guidelines:
1. The County will make a timely public announcement for the
purpose of accepting and reviewing requests for funding
and to incorporate these requests into the County's budget
preparation process. The details of the review process
will be developed and distributed by staff within the
first quarter of the calendar year.
2.
The Board of County Commission will
amount based upon the requests made,
$50,000, to assist in defraying direct
building events.
3. After appropriate staff review and comment, the Board may
fund up to 50', and no more than $10,000, of the amount
conericueed by Ll... loca.l. mun-rcrpall.t~es ror anyone
consensus-cullding event, provided that the event meets
the intent of these quidelines. Where deemed to be in the
best interests of the county, the Board may elect to
increase the level of funding for anyone event beyond the
$10,000 cap.
annually budget an
but not to exceed
costs of consensus-
l
,~
4. In an effort to promote greater regional cooperation,
funding preference shall be granted to events which are
regional in scope. A~~t municipalities and the
unincorporated areas should be part1clpan~s.
.
5. The agenda for the event must contain issues of direct
impact on the county.
6. Appropriate County staff and elected officials shall be
participants iri -the - event:
:-~
. 7.1
Coun~ staff and electec1..~f.ficiAls ..hnuld be--p-~~cipating
members-~lfteering committees establ;cbed for the
purposes-Of-aevelopingtheagenaaand-participant list.
~he County, however, recognizes that the final determina-
tion of the participant list and agenda will rest with the
Administrator/Project Manager of the event.
8.
It shall be the responsibility
tion/individual to demonstrate
consensus-building event will
guidelines.
of the requesting organiza-
satisfactorily that their
meet the intent of these
9.
County staff will be pro-active in establishing these
community consensus-building events and assist the Palm
Beach County Municipal League, councils of governments,
Chambers of Commerce, and other interest groups in their
efforts.
. :: ----r i .
1.0 . ... .-1.., l-. .L l:x 1-{'0 "'..^----
lvi....,-~"........... t~,-.J'd.~~<.-~LL / _-::r~r\.L J\..L \.At--:"'" "\.', _:- / ~~....
This Administrative Order is hereby submitTh'ci t~c"the\.io~rd of
commissioners of Palm Beach county, Florida.
Jan winters .
county Administrator
01/88
~
,
;,~
f.
DEPART"':NTAL
CORRESPONDENCE
[ITV OF
DELRAY BEA[H
~~~
TO
('W~l~er O. Barry, City Manager
~~a;~ J. VOU~
David J. Kovacs, Director
Department of Planning and Zoning
FROM
CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 22, 1988
SUBJECT FINAL PLAT FOR THE L.L. PARK OF COMMERCE
DATe March 15, 1988
ITEM BEFORE THE COMMISSION:
The action requested of the City commission is approval of a
final subdivision plat for the L.L. Park of Commerce. The action
of the Commission is final. Following approval,the plat will be
signed and recorded.
BACKGROUND:
This plat has been required as a condition of approval of the
site plan for the proposed Crystal Ice (manufacturing) site plan
which was previously approved by the City commission.
The property being platted involves
Congress Avenue immediately south of
one structure is on the property.
Lempo-Lupo.
4.98 acres located east of
the L-32 Canal. Presently,
That project was known as
There are some unusual aspects associated with this plat in that
a phasing-in of a future public street is provided. Complete
details of this situation are contained in the Planning and
Zoning Board staff report of February 22, 1988, which is
attached.
PLANNING AND ZONING BOARD ACTION:
The Planning and Zoning Board approved the preliminary plat on
February 22, 1988, subject to three conditions. The first deals
with revised site plans which have now been submitted to and
accepted by the planning Department. The second requires
improvement plans to be accepted by the Engineering Department.
That Department has given approval to the final plat by its memo
of February 24, 1988. The third condition established the time
frame of 6 months for the preliminary plat. The Board also
certified the submission as acceptable for a final plat.
19
eM 362
THE EFFORT ALWAYS MATTERS
I
.,
To: Wal ter 0.: :ry, City Manager
Re: City commission Documentation
Meeting of March 22, 1988
Final Plat for the L.L. Park of Commerce
Page 2
ALTERNATIVE ACTIONS:
1. Approval as a ministerial action.
2. Continue with direction to address any specific aspects
of the plat and its implications
RECOMMENDED ACTION:
By motion, approval of the final plat for the L.L. Park of
Commerce and authorize the Mayor to sign the mylar.
Attachment:
- P&Z Staff Report of 2/22/88, Item IV.C
.
PLANNING 8 ~~NING
CITY OF OELRAY
BOARD
BEACH
STAFF REPORT
-- -
MEETING ffiTE:
F.EBRUARY 22, 1988
AGENDA ITEM:
IV.C
ITEM:
SUBDIVISION PLAT FOR LL PARK OF COMMERCE
"-
.. GENERAL
DATA:
proiect Data:
Owner................ .. ........... .Delray Dixie Highway
Associates
Agent.. ... ............. ... .........Kevin M. Cornnell
Developer..........................Delray Dixie Highway
Associates
~
Location.......................... .North Congress Avenue, East of
Congress just South of L32
Canal
Parcel size....................... .4.98 acres or 216,943 s.q.ft.
Land Use Plan Designation..........lndustrial
Zoning Designation.................MIC (Mixed Industrial &
Commercial District)
Adjacent Zoning....................MI (Medium Industrial) to the
south, LI (Light Industrial)
to the west, CC (Community
Commercial) to the north and
MI (Medium Industrial) to 1-95
to the east
Current Use....................... .partial light industrial and
showroom, remainder vacant
Sewer and Water Services...........Water service is available on
this site through connections
to .a main on Congress; sewer
is not available at this time
ITEM:
I
'.
ITEM BEFORE THE BOARD
The action being requested of the Board is that
preliminary plat submitted for the Lembo-Lupo
together with certification of the submittal as
as a final plat.
This plat is a replat of the existing Lembo-Lupo Park of Commerce
plat (1.1 acres) together with the remaining 4.8 acres of the
original holdings.
of approval of a
Park of Commerce
being acceptable
The Board's action on the
will not appear again
certification is made.
preliminary plat is final. This project
before the Board if final plat
BACKGROUND:
The owner desires to divide the property into three separate
parcels ... A,B, & C.
Parcel A is the present site of the Lembo-Lupo Park of Commerce
Industrial Building with 14,400 sq.ft. on a 1.18 acre site. At
the time of development of this site, site plan approval was not
required.
On June 30, 1983, a sketch plan for the entire site, then
congress Park of Commerce, was reviewed by the Planning
Zoning Board. Formal action was not taken. A name change
recommended and now the project is known as the Lembo-Lupo
of Commerce.
named
and
was
Park
On August 23, 1983, the final plat for the Lembo-Lupo Park
Commerce was reviewed and recommended for approval by
planning and Zoning Board. Final plat approval by
commission followed on September 13, 1983. That plat created
lots.
of
the
City
two
In 1985, a conditional use request and site plan for a project
called the Solimar Park of Commerce was submitted on the . entire
holdings. This proposal included a 55,450 sq.ft. development
comprised of three (3) buildings, one of which was the existing
14,400 Lembo-Lupo Park of Commerce. The Board recommended
approval on November 11, 1985 with City commission approval on
December 17, 1985. The Solimar Park of Commerce final plat was
then submitted, processed, and recommended for approval by the
Planning and Zoning Board on March 10, 1986. The plat was then
scheduled for City Commission action but was. withdrawn at the
proponent's request. Both the Solimar site plan and plat are no
longer in force.
l
.~
TO:
RE:
Planning a
Preliminary
Page 2
Zoning Board
Plat for LL Park of Commerce
In August, 1987, a site plan for Crystal Ice was approved on a
portion of the holdings. The Crystal Ice development plan
involves 1.26 gross acres, 1.09 net acres with a 14,850 sq.ft.
building intended to house an ice manufacturing operation. The
site plan was recommended for approval by the Planning and Zoning
Board on September 21, 1987, with City Commission approval being
granted on October 13, 1987, subject to conditions. One of those
conditions was that a subdivision plat for the entire site be
submitted.
At the time of the Crystal Ice approval, a conceptual plat was
viewed. It consisted of a cul-de-sac located in the approximate
center of the property and extending from congress. It provided
access for a four lot subdivision. Prior to formal submission of
the subdivision plat, a site plan for one of the (to be) newly
created lots was reviewed, by staff, on a preliminary basis. It
was discovered that in order to accommodate the conceptual
subdivision layout, the lots on the north became unbuildable. At
this same time, the City Engineer wished to explore the
possibility of providing access to the property along a street
which would board the south property line.
The resulting preliminary subdivision plat is now before the
Board.
PLAT ANALYSIS:
The plat is comprised of three lots. Lot A encompasses the
existing Lempo-Lupo Building. Lot C encompasses the proposed
Crystal Ice manufacturing building. Lot B is for future
development. Access for Lots A & B is via Congress. Lot C is
accessed by a new street system. Reciprocal easements are
provided over the interior of the lots so that traffic within the
overall development can use any point of access.
New Street System: The new street system provides for a future
public street along the south boundary of Lempo-Lupo Park. The
street will have a curve in it; thus, there is an irregular
dedication. The future street has been laid out in order to
coincide with an existing paved travelway along an easement and
to minimize disruption to an existing building to the south.
The street will function as a private street until such time as
development, or subdivision, occurs to the south. At that time,
the offer of dedication on the Lempo-Lupo Park will be exercised
by the City and the property to the south will be required to
improve the new street. Over time this new street will continue
to the east to serve additional development.
I
~
TO: Planning ~ . Zoning Board
RE: Preliminary Plat for LL Park of Commerce
Page 3
Sewer Service: A gravity main will be laid in the future
right-of-way of the new street. The gravity main will collect
flow from Lots A, B, and C and then flow to the east to a lift
station. That lift station will serve a force main which goes
west to Congress. An easement is provided over Lot C in order to
accommodate the sewer service from Lot B.
Water Service: An 8" water main runs along the routing of the new
street. It will serve Lots A and C directly. An easement over
Lot C will be provided for the benefit of Lot B.
Impacts on Existing/Proposed Development: A situation is created
wherein the required 25' (street) side setback for the Lempo-Lupo
Building will not be met upon dedication of the pUblic street.
Thus, the creation of a non-conforming situation. While this is
not a desirable practice, it is not prohibited. The resulting
setback will be only three feet. Again this is not desirable.
The City Engineer's Office has checked the situation for site
distance problems which may occur and feels that a less than
acceptable situation will not be created.
Accommodating the utility easements and the reconfiguration of
the north access on Lot C affects the approved Crystal Ice site
plan. That site plan should be formally modified. Also, site
development of the Lempo-Lupo parcel is affected by the new
access system. A current point of access to the south is to be
closed and an easement for internal (park) accessibility is
provided north of the building. Again, a formal site plan
modification should be processed.
ASSESSMENT:
The newly proposed lot layout and access scheme was developed in
concert among the owner and the City's engineering and utility
departments. Although a side yard encroachment will be created
and the proposal is complex in terms of a future dedication and
improvements at a later date by the property owner to the south,
it is desired (from a City perspective) to proceed with this
project. We are dealing with a short-term situation in order to
obtain the appropriate long-term solution.
ALTERNATIVE ACTIONS:
1. Continue with concurrence and direction.
2. Approve the preliminary plat and certify the submission
as acceptable as a final plat subject to conditions.
l
.
TO: Planning; 1 Zoning Board
RE: Preliminary Plat for LL Park of Comme~ce
Page 4
3.
Approve (subject
plat and require
the Board.
to conditions)
the final plat
only as a preliminary
to come again before
4. Deny the preliminary plat based upon an inappropriate
access being provided.
RECOMMENDED ACTION:
By motion, approve the preliminary plat for the
Commerce and certify the plat as acceptable for
sUbject to the fOllowing conditions: .
1. that prior to, or concurrent with action on the final
plat revised site plans for the Lempo-Lupo parcel and
the Crystal Ice parcel be submitted to the Planning
Department for review and action as a non-impacting
site plan modification.
LL Park of
a final plat
2. That construction plans and prOVls~ons for installation
of pUblic improvements be approved by the City Engineer
prior to action on the final plat.
3. That this approval is valid for a period of six months
within which a final plat is to be made of record.
Attachment:
- xerox reduction of plat
REF:PD#2/A:ppllpc
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DEPARTfv1~NTAL
CORRESPONDENCE
[ITY DF
DELRAY BEA[H
~~~
TO
~~ O. B~rrY'ji~nager
Da:~.Pto~~, DirectoruClC-k-
Department of Planning and Zoning
FROM
SUBJECT
CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 22, 1988
CONDITIONAL USE REQUEST, WITH ATTENDANT SITE PLAN FOR EXPANSION OF
A MAZDA AUTOMOBILE DEALERSHIP
DA TE March 15, 1988
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is approval of a
conditional use request, with attendant site plan, for the
expansion of a Mazda Automobile Dealership, This action is
required pursuant to code sections 30-21-C and 30-22-C,
The expansion is from an existing site of 2,3 acres to a total of
6,37 acres. Inherent in the site plan approval is the
abandonment of that portion of Dixie Boulevard which is
encompassed within its (site plan) boundaries,
BACKGROUND:
The land area involved in this request was just annexed to the
City with SC zoning, The proposed use is allowed as a
condi tional use, Si te development must meet the "automobile
dealership" development standards of Code Section 30-12-N-(5).
Full baCkground information and assessment of the conditional use
request and site plan is found in the Planning and Zoning Board
staff reports of January 25, 1988, and February 22, 1988,
Besides the objection of the owner to the north, the only other
item of controversy dealt with requirement desired by the City
Engineer and the Fire Chief that a pUblic access be provided, at
pUblic street standards, between Dixie Highway and Federal
Highway along the general alignment of Avenue "F". An agreement
had been negotiated among those City Departments and the
applicant, the contents of which have been included in the
conditions of approval as recommended by the Planning and Zoning
Board,
The building elevations and landscaping plan have been before the
Community Appearance Board and have been approved,
7.-0
eM 362
THE EFFORT ALWAYS MATTER~
.
,
l~..
! .
,
To: Walter 0, . rry, City Manager
Re: City Commission Documentation
Meeting of March 22, 1988
Conditional Use Request, with Attendant Site Plan for
Expansion of a Mazda Automobile Dealership
Page 2
PLANNING AND ZONING BOARD RECOMMENDATION:
The Board, at its meeting of February 22, 1988, forwarded a
recommendation to the City commission, This recommendation is
contained in the attached staff report for that meeting. It
involves three findings, a recommended waiver pertaining to the
installation of sidewalks, four conditions of approval, and the
establishment of an 18th month period for the validity of the
conditional use and site plan approvals. The applicant requested
clarification that in the event D,O,T, approval is not granted
for the required median work, the related condition would become
void. The Board so stipulated,
ALTERNATIVE ACTIONS:
1, Approve the requests pursuant to the Planning and
Zoning Board's recommendation.
2. continue with direction.
3. Deny the requested conditional use request, with
reasons stated; or approve. that request but only after
modifications to the attendant site plan.
RECOMMENDED ACTION:
By motion, approve the conditional use request and attendant site
plan for the proposed Mazda Automobile Dealership expansion
based upon the findings and subject to the conditions as
recommended by the Planning and Zoning Board as reflected in its
Minutes of February 22, 1988.
Attachments:
P&Z Staff reports of February 22, 1988, and January 25,
1988
Minutes of the February 22, 1988, P&Z Meeting
.
>~
i
MEMORANDUM
TO
PLANNING AND ZONING BOARD
OF DEL JY BE~;;
\UC~
DAVID J. KOVACS, DIR~CTO~
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: AGENDA ITEM III,L
MEETING OF FEBRUARY 22, 1988
REHEARING OF CONDITIONAL USE REQUEST FOR EXPANSION OF
THE MAZDA DEALERSHIP AND ATTENDANT SITE PLAN
ITEM BEFORE THE BOARD:
The action before the Board is that of providing a recommendation
to the City commission on a conditional use request and attendant
site plan for the expansion of an existing Mazda automobile
dealership which is located at 2001 South Federal Highway.
Inherent ip this consideration is the abandonment of that part of
Dixie Boulevard which is within the site. However, the formal
action of abandonment will be accomplished at the time of
platting.
BACKGROUND:
This same item was before the Board at its
1988. Please see the staff report for
background and the analysis of the site
before the Board.
meeting of January 25,
that date for more
plan which was then
On January 25, 1988, the Board considered additional submissions
and an additional report, with recommendations, generated through
the City Engineer's Office and then took action to forward the
request to the City commission with a recommendation of approval
subject to conditions. Subsequently, the applicant's attorney
discovered an error in the newspaper notice and requested
rehearing. Thus, the item is again before the Board.
PROJECT ANALYSIS:
This rehearing affords us the opportunity to properly document
the item before the Board along with a statement of findings and
conditions.
1II.~
.
k.
~ .
TO: PLANNING AND ZONING BOARD
RE: REHEARING OF CONDITIONAL USE REQUEST FOR EXPANSION OF THE MAZDA DEALERSHIP
AND ATTENDANT SITE' ~
PAGE 2
The previous staff report cited unresolved code violations or
standards which have been satisfactorily addressed in a revised
submission. These include:
provision of an unloading area: Attached is an excerpt from the
revised site plan which shows an acceptable loading area. This
area is to be located in the travelway between the existing
building and La Mat. The area is to be stripped and signed
accordingly. The use of this area for unloading of vehicles does
not unduly restrict traffic flow within the site. In order to
accommodate trailer movements alterations are required on some
existing landscaping islands,
Landscaping along Federal Highway: On the same excerpt, an
additional five foot (5') of landscaping is provided along the
Federal Highway frontage. The applicant's attorney has also
stated that an agreement to provide additional land~caping when,
and if, Federal Highway is improved is acceptable as a condition
of approval.
Landscaping requirements on existing site: On the
additional landscaping areas are shown along the north
thus correcting existing deficiencies.
excerpt,
boundary
Avenue "F": The most significant of the items of concern dealt
with the City imposed requirement to provide through access
between Federal Highway and Dixie Highway, Another excerpt is
attached which shows the solution to this requirement. Mazda
will dedicate 25' along its north boundary for the purpose of the
extension of Avenue F -- this dedication will connect to the
existing Avenue F right-of-way. Mazda will also improve the new
25' section to drive-way standards at this time and will also
grade the surface of Avenue F from the "drive-way" to Federal
Highway,
In addition to the above short-term solution, Mazda will also
provide financing for 20% of the improvement costs for
reconstructing Avenue F to full City standards between Dixie and
Federal, Mazda will also provide for the closing of an existing
Federal Highway median cut at Avenue G and provide for the
installation of a new Federal Highway median cut at Avenue F.
The median work is subject to approval by the Department of
Transportation and may be credited against any impact fees ,which
are collected from the Mazda expansion, (See attached
correspondence of January 25, 1988, from the Engineering
Department. )
The above solution is opposed by the property owner to the north
(see attached letter of February 16, 1988, from Attorney Joe
Cook), The first point of opposition is to the abandonment of
Dixie Boulevard (to be addressed later in the staff report); the
second point of opposition is to the requirement that Avenue F be
continued as public street whereas his client wishes it to be
abandoned in its entirety; and the third point of opposition is
.
~'~~
TO: PLANNING AND ZONING BOARD
RE: REHEARING OF CONDITIONAL USE REQUEST FOR EXPANSION OF THE MAZDA DEALERSHIP
AND ATTENDANT SITE' N
PAGE 3
that of the cost sharing formula in that he feels Mazda should
improve the entire Avenue at this time if it is to be improved at
all.
Remaininq items: The following items were raised in the previous
staff report. Their disposition is noted.
sidewalk installation: the Board agreed to recommending a
waiver be granted
existing lighting standards which exceed height limitations
are to be brought into compliance
statements pertaining to
the required landscape
incorrect
encroachment
setback along
of parking area
Dixie Highway
into
were
abandonment of Dixie Boulevard: A formal application for
the abandonment of Dixie was before the Board previously.
After the Board recommended its action, the applicant
requested the petition be put on hold until the site plan
and annexation came forward, The abandonment is an integral
part of the site plan's implementation. As a condition of
approval of the site plan, a plat is required. During the
platting process formal action on the abandonment will
occur. The property owner to the north objected to the
abandonment of Dixie Boulevard. That objection was
forwarded to the City Attorney who replied that the
objection had no standing in that the benefitting property
owners are those who have holdings parallel to the
centerline of the right-of-way which is to be abandoned.
Further, the owner to the north has access to his holdings
from Avenue F and Dixie Highway; thus, he is not being
denied access from a public street,
Standards for Evaluating Site and Development Plans. and Criteria
for the Evaluation of Conditional Use Requests: The specific
standards and criteria which are to be reviewed were reviewed in
the previous staff report. Those items for which a finding of
compliance could not be made have been adequately addressed in
the revised site plan submittal and have been discussed in this
staff report. Thus, a finding of compliance with each set of
criteria can be made,
ASSESSMENT:
The revised site plan submission complies with the previous
raised concerns and mitigates the previous basis for
recommendation of denial, The proposed development either
complies with all development standards of the City, including
those of 30-12-N-5 (Auto use development standards) or can be
conditioned to assure compliance,
.
,
, .
!
~.
~.
TO: PLANNING AND ZONING BOARD
RE: REHEARING OF CONDJ~TONAL USE REQUEST FOR EXPANSION ~~ THE MAZDA DEALERSHIP
AND ATTENDANT SIT, LAN
PAGE 4
ALTERNATIVE ACTIONS:
1, Recommend approval of the conditional use request and
revised site plan, subject to conditions,
2. Recommend denial with a basis stated.
3,
Continue, with concurrence of the applicant,
direction to staff.
and
STAFF RECOMMENDATION:
By motion, forward this conditional use and attendant site plan
to the City Commission with a recommendation of approval based
upon the following:
A. The site plan of record complies with Standards for
Evaluation Site and Development Plans as set forth in
code section 30-22-D, said standards having been
reviewed in the staff reports of January 25, 1988, and
February 22, 1988.
B, The requested conditional use complies with Criteria
for the Evaluation of Conditional Use Requests as set
forth in code section 30-23-D, said criteria having
been reviewed in the staff reports of January 25, 1988,
and February 22, 1988.
C,
That the 18' travelway between
building and the south property
non conforming situation,
the existing sales
line is accepted as a
D.
That a waiver is recommended with respect
standard requirement for installation of
sidewalks.
to the
public
E,
The submitted materials comply, or
the development regulations of the
with the following conditions:
will comply, with
City upon compliance
1. That the lighting fixtures on the developed
portion of the site are to be reduced to 25';
2, That the existing encroachment of display parking
is allowed within the perimeter landscape strip
along Federal Highway may remain until such time
as Federal Highway is widened. At that time the
perimeter landscaping strip shall be provided.
This arrangement shall be formalized in an
agreement prepared by the applicant. Said
agreement must be accepted by the City Commission
prior to approval of the required final
plat.
l
~
TO: PLANNING AND ZONING BOARD
RE: REHEARING OF CONDTTIONAL USE REQUEST FOR EXPANSION OF THE MAZDA DEALERSHIP
AND ATTENDANT SI1 ?LAN
PAGE 5
3. That a final plat be submitted through the
Planning and Zoning Board, said plat to include
all property within the perimeter of the proposed
Mazda dealership and to provide for all
dedications associated therewith.
4. That the final plat submission shall include
construction documents for the short-term
improvement of Avenue F and agreements pertaining
to the long-term improvement of Avenue F and the
median work on Federal Highway, The noted
improvements are to be as reflected in this staff
and the City Engineer'S memo of January 25, 1988.
F, The approval set forth herein shall be valid for a
period of eighteen months pursuant to code sections
30-2l-E and 30-22-E from the date of City commission
action on the Planning and Zoning Board recommendation,
Attachments:
staff report of January 25, 1988
excerpts of the revised site plan (2)
City Engineer correspondence of January 25, 1988
Letter from Joe Cook, Attorney, dated Feb 16, 1988
~
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CORRESPONDENCE
.,....---
TO
FROM
SUBJECT
C~l :62
Delray Beach Mazda - Site Plan
DATE 1-25-88
Subsequent to the P & Z workshop of 1/7/88, representatives of
the developer, together with the Engineering and Fire Depart-
ments, have sought an equitable solution to the access needs
in the area of Mazda. A compromise is nearing completion which
will result in revised comments from Engineering. Following is
a description of that compromise.
Avenue F:
, \.
Avenue F is currently a shell rock road in a County right-of-way.
The R/W begins at US 1 and ends east of Dixie Highway. It was
recognized that a road is required to provide cross traffic be-
tween US l/Dixie Hwy. and allow improved emergency access. '
Attempts by the developer's representatives to acquire the com-
plete R/W for Ave. F failed because qf complications in deeds
and leases. The developer will dedicate the south 25' of Ave.
F, which he now controls, to the City. The remaining 25' will
be dedicated as a site plan requirement of Sherwood Pontiac.
Mazda will construct a temporary roadway, to driveway standards,
within the new 25' R/W to interconnect Dixie Hwy. and the current
shell rock road in Ave. F. The developer will also contribute a
proportionate share of the cost of paving Ave. F to City Stand-
ards from US 1 to Dixie Hwy. This share is approximately 20\.
Actual construction of Ave. F; includinq removal of the temporary
roadway, and will be a site plan requirement of the Sherwood Pont-
iac. The developer of Mazda will enter into an agreement with
the City covering the financial aspects.
Avenue G:
with the cross access at Ave. F, the City has no need of continuing
Avenue~. The future of Avenue G seems to point towards abandonment.
Therefore, it seems appropriate to allow a T-turnaround on Ave. G.
The T-turnaround normally denotes a temporary condition awaiting
road extension; in this case the temporary condition awaits ab~n~on-
ment.
Federal Highway Medians:
To insure adequate traffic movements, a well-designed median open-
ing is needed for Ave. F. Since Ave. G will eventually be abandoned,
no median opening is required.
THE EFFORT ALWAYS MATTERS
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Departmental Cor,'Spondence
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'Planning and Zoni...g Board
Delray Beach Mazda - Site Plan
1-25-88.
Page two
- .
The d.V.l~~OfMaSda will close the existing, substandard
median ope. . .'at Ave. G and will construct a median opening
at Ave. F. This work is subject to F.D.O.T. approval and
will be done as a credit to the Road Impact Fee.
Accomplishment of the above work will assure safe and efficiant
access in the area. Accomplishment of the compromise represents
the ability of the public and private sectors to work together
to ga~n a public good while still respecting private rights.
JPW: j i
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HUNT, COOK, RIGGS & MEHR, P,A,
ATTORNEYS AT LAW
C>YLO"'4 PARK. SUITE 250
5301 NORTH F"EOERAL HIGHWAY
BOCA RATON, FLORIDA 33487
"'OBERT,J, HUNT.
..JOSEP'" R, COOK.
DAVID A, RIGGS.
RYNA E. ""EH#f
CLARK R. KERR, HI
TELEPHONE: (305) 997-9223
TELECOPIER: (305) 997-6224
. AI.SO ...OMITTIEC N. Y. eAR
February 16, 1988
BY HAND
RECEIVED
Mr, David J. Kovacs
Director of Planning and Zoning
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Public Notice #6-224
FEB 1 6 1988
PLAW~it~G
Dear Mr, Kovacs:
We are attorneys for Sherwood Pontiac and Aiden Inc" the
owners of properties to the north and south of Avenue F in
Delray Beach. In connection with the conditional use and site
plan approval for the property described in public notice
#6-224, we believe it is important that the City planner's
office, together with the other relevant City departments,
fully discuss and properly assess the impacts of the site plan
approval.
First and foremost, it is my clients' position that Avenue
F should be abandoned, Approximately one year ago, the City
both entertained and encouraged my clients with respect to the
'abandonment of Avenue F, There is adequate access between
Dixie Boulevard and Federal Highway provided by La Mat Avenue
to the south, and Avenue C to the north, The uses of the
property surrounding Avenue F are almost eXClusively involved
in the automobile industry, With the availability of Dixie
Boulevard, my clients will be able to provide adequate access
to their properties on a private basis, without any need for a
pUblic right of way in Avenue F, We do not believe that the
pUblic safety, health and welfare is at all enhanced by
expanding Avenue F and making provisions for it to cut through
to Dixie Highway,
In the alternative, my clients object to the site plan on
its merits, While my clients intend to vigorously oppose the
annexation and rezoning with respect to this area, my clients
will even more strenuously oppose the site plan approval
process unless the proponent of the site plan (the "Mazda
Dealership") is required to absorb the total cost of the
proposed annexation, rezoning, and site plan approval,
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f'
I'
Mr. David J, Kova~~
February 16, 1988
Page 2
In substance, the Mazda Dealership is proposing to expand
its automobile dealership by eliminating rights-of-way which
provide access to my clients' property: i ,e. a portion of
Dixie Bouelvard and a portion of Avenue G. The acreage being
acquired by the Mazda Dealershp resulting from the abandonment
of a portion of Dixie Boulevard and Avenue G is very
significant, and the abandonment of these rights-of-way is in
part repsonsible for the City's insistence on Avenue F access
between Federal Highway and Dixie Highway, In order to obtain
the abandonment of Dixie Boulevard and Avenue G, which is
critical to the Mazda Dealership's expanded automobile
dealership, the City is insisting on improvements to be made to
Avenue F, which is a dramatic change in the City's position of
only six months ago that Avenue F could be abandoned.
The Mazda Dealership argued at the last public hearing
that my clients would be benefitted by Avenue F being
improved, However, that is simply not the case. My clients
would prefer to have Avenue F abandoned so that they could
unify the autombile dealership uses involved on their
properties to the north and south of Avenue F, In fact, just
as the Mazda Dealership would not take the position that an
expanded Dixie Boulevard is benefical to its property, my
clients feel that an expansion in use of Avenue F would be of
no benefit to their property, and similarly believe that an
abandonment of Avenue F would greatly enhance their properties,
Accordingly, my clients object strenuously to any
assertion that the Avenue F improvements are beneficial to
their property or should be paid by them, Furthermore, my
clients object to any private impact fee arrangement which the
Mazda Dealership may propose to the City with respect to Avenue
F. The City's position with respect to the improvements of
Avenue F is in large part a result of the Mazda Dealership's
proposed site plan and the abandonment of the rights-of-way
required by the site plan, Before any arrangements are made
between the Mazda Dea lership and the Ci ty wi th respect to the
impact fees to be paid with respect to the improvements of
Avenue F, and the proposed allocation of that cost among the
property owners, we believe that the City planning office
should have substantive input from my cients.
Along these lines, my clients believe that as a condition
to the site plan approval, the City should require the Mazda
Dealership to complete fully the improvements to Avenue F in
accordance with the City's requirements, In other words,
whatever improvements the City will ultimately require for
Avenue F, those improvements should be required from and paid
for now by the Mazda Dealership as a condition to site plan
HUNT, COOK, RIGGS & MEHR, P.A,
ATTO~NEYS AT LAW
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Mr. David J, Kov~_s
February 16, 1988
Page 3
approval, This is particularly important inasmuch as
clients assert now and will assert in the future that the
will not be able to establish any entitlement to impact
from my clients with respect to Avenue F,
my
City
fees
In summary, it is my clients' position that any
improvements to Avenue F to be required by the City are
directly a result of the site plan approval process
contemplated by the Mazda Dealership, The changed use in that
property is principally responsible for the City's change in
posi tion with respect to the abandonment of Avenue F, For
these and other reasons, the Mazda Dealership should bear all
expenses associated with the improvement of Avenue F, and the
Mazda Dealership's efforts to shift a portion of the expense
(i, e. the cost of improving Avenue F) to my clients should be
rejected by the City, Furthermore, my clients will oppose in
the future any proposed impact fees with respect to Avenue F in
connection with future deve19pment of my client's properties.
We are willing to meet with you and other City officials,
either before or after the next public hearing on Monday,
February 22, 1988 to discuss this matter.
Very truly yours,
HUNT, COOK, RIGGS & MEHR, P.A.
By:
Joseph R, Cook, Esq,
~ ~ ~.lt / RJ'JJ
/mj 3678C/78C
cc: Mr. Henry Howley
Mr. Sherwood Sheehan
HUNT, COOK, RIGGS & MEHR, P,A.
ATTORNEYS AT LAW
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PLANNING B 70NING
CITY OF OELRAY
BOARD
BEACH
MEETING D=lTE:
AGEI\OA ITEM:
STAFF REPORT
-- -
JANUARY 25, 1988
III,F
SITE PLAN AND CONDITIONAL USE APPROVAL FOR MAZDA DEALERSHIP
ON SOUTH FEDERAL HIGHWAY AND LAMAT
ITEM:
lIS
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TROPIC 8A Y
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GENERAL DATA:
GENERAL DATA:
OWner
00...00....00.0...00.0.
William Chamberlain
Agent
0000.000....00.00.0...
Mark Marsh, Architect
Digby Bridges, Marsh, & Assoc.
Location
.00000..0...0000000000
Northwest corner of Federal
Highway and LaMat Avenue
Property Size
.0.0....0.0...0..
6.37 acres
County Plan & Zone Designations.
Commercial, General Commercial
City Plan Designation
Commercial
Adjacent Zoning
.......0..00
Various commercial categories
north, east~ and south. Reso
to West across Dixie & RR.
EXisting Land Use
" ...... ....
Mazda dealership, vacant
houses, unused right-af-way
Proposed Land Use
............
Expansion of Mazda dealership
and associated uses (body shop
repair, service, sales)
Water and Sewer Service
...0.0.
ExtenSion of on-site services
already provided by the City.
ITEM: 111. ~
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ITEM BEFORE THE BOARD:
The action before the Board is that of providing a recommendation
to the City Commission on a conditional use request and attendant
site plan for the expansion of an existing Mazda automobile
dealership which is located at 2001 South Federal Highway.
The Board's action is guided by compliance with the "Standards
for Evaluation of Site and Development Plans" and the "Criteria
for Evaluation of Conditional Uses". The development standards
which apply are those in the SC District regulations for new
automobile dealerships. In a companion action the property is
being annexed and zoned,
BACKGROUND:
The proposed expansion of use encompasses a 3.94 acre expansion
to the existing 2.3 acre Mazda dealership. To accommodate this
project a portion of Dixie Boulevard, lying totally within the
site, needs to be abandoned, Such a request was previously
before the Board and was recommended for denial since there wa~f'
not a development proposal to accompany that request. Tha~
request was not pursued further at that time. The abandonmen~
will officially be accommodated at the time of platting whic~
will follow approval of the site plan.
Additional background information is found in the companion staff
report which was prepared for agenda item III,E, the annexation
and initial zoning.,
PROJECT ANALYSIS:
The site development is governed by Code Section 30-l2-N-5,
special regulations for auto uses in the SC zone district, A
site plan has been prepared pursuant to those regulations. The
analysis which follows first addresses the standards for
evaluation of site plans and conditional use requests, then
addresses some specific concerns, and concludes with an
assessment of where this part (conditional use and site plan) of
the project stands procedurally,
Standards for Evaluatinq Site and Development Plans (30-22-D):
*1 and *2 are met in that the site plan submittal, was complete
for analysis purposes and the proposed intensity of use is
similar to that on property to the north and to that proposed for
development immediately to the south.
I
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TO:
RE:
Planning a'
Staff Repot~
Page 2
Zoning Board
- Mazda Conditional Use a.,.l Site Plan Approval
11 which involves ingress and egress is not satisfied to the
satisfaction of the City Engineer and Fire Chief. The submitted
site plan (plan under which this review is taking place) does not
provide for a connection between Federal Highway and Dixie
Highway. The original (early platting) of this area did provided
for such connections as avenues e,g. "F", "G", etc., tied Federal
to the former Dixie Boulevard. Over time several of the avenues
have been abandoned; thus, eliminating those connections.
Proceeding with the site plan, as submitted, would eliminate the
last possible connections between La Mat and Linton. This
resulting situation is considered to be unacceptable in terms of
providing for the public safety, proper traffic flow, and
emergency services.
!! is met with respect to parking in that display, employee, and
customer parking is adequately provided, Some parking is
provided on the roof tops of some buildings. This parking is i~
addition to the on-site requirements. However, 1! is not met i~
a satisfactory manner with respect to unloading of aut~
transports. Although an unloading on the developed portion of the
site is anticipated for use, it is not currently used and
transports unloading in the La Mat travelway. This situation is
unacceptable, The submitted site plan does not provide for
adequate unloading. To do so the following must be provided:
- ability to enter the site in a forward moving direction;
- ability to maneuver on site plan without "jockeying"
movements;
- ability to unload autos without disrupting the internal
traffic flow; and
- the ability to exit the site in a forward moving
direction.
~5 involves screening and buffering. There are three situations
~n which code requirements are not met. Two occur on the
developed portion of the site and include:
a) two locations in the north and east parking areas
where more than ten parking spaces run concurrently
without a landscape island, and
b) encroachment into the required twenty foot perimeter
landscape strip which is required along Federal Highway.
Compliance with the requirement would necessitate removal
of several display parking spaces.
In the expansion portion of the site, parking is proposed within
the required perimeter landscape strip along Dixie Highway. This
situation occurs elsewhere in similar circumstances, under
special agreement, wherein the developer is to remove the parking
if and when Dixie is widened to its full width.
(
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TO:
RE:
Planning aT
Staff Repor...
Page 3
Zoning Board
- Mazda Conditional Use a..... Site Plan Approval
Another aspect of "screening" is that of the roof top parking.,
The Community Appearance Board has required a parapet which
obscures vehicles from the line-of-sight of adjacent roadways.
*6.*7. & *8 involve drainage, sewage, and utilities.
adequately accommodated through the extension of
services and the relocation of easements and utilities
to the wishes of affected utility companies.
All are
existing
pursuant
!! recreational and open space requirements do not apply since
this is a commercial development.
!1Q deals with the overall impact of the site development,
Provided that satisfactory resolution is made of the unloading
situation and the cross traffic connection, this overall standard
will be met.
Criteria for
(30-23-D):
the
Evaluation
of
Conditional
Use
I
Request~
,
!l dealing with ingress and egress has been addressed under *3 of
the site plan standards. However, this (conditional use)
criteria also addresses pedestrian safety. A normal development
improvement is that of sidewalks along adjacent streets. The
submitted site plan does not show sidewalks along Dixie, La Mat,
or Federal Highway. The agent wishes to seek relief from
installation of those sidewalks. The Engineering Department is
firm that relief should not be granted except in the case of
Dixie where the travelway is quite a distance from the property
line (location of public sidewalks), With respect to Federal and
La Mat, it is felt that installation of sidewalks is appropriate
and that the pedestrian walkway system will be expanded as
development and redevelopment occur.
*2. *3. and *4 deals with parking, trash pick-up, and
have been addressed under the site plan standards.
areas are not sa~isfactorily provided.
!il deals with screening and buffering and have been
under the site plan standards. Problems exist.
loading and
Unloading
addressed
~ involves signs and lighting.
expansion portion of the site,
height of lighting fixtures on
These lighting fixtures should
While meeting standards on the
there are some violations of the
the developed portion of the site.
be brought into compliance.
!l involves setbacks and open space, Standards for these items
are generally met. Encroachments into perimeter landscape areas
are addressed under standard #5, screening and buffering, of the
.
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TO:
RE:
Planning a
Staff Repol.':
Page 4
Zoning Board
- Mazda Conditional Use a"d Site Plan Approval
site plan standards. One area with a substandard travelway
exists because of the proximity of the eXisting sales building to
the south property line. This situation existed even prior to
conversion of the previous use to an auto dealership. It appears
appropriate to acknowledge this situation simply as being
non-conforming.
*8 (compatibility) #9 (height) and *10 (economic effects on
adjacent properties): do not present any unusual issues with, the
proposed site layout, The use (automobile dealerships) has been
questioned in this part of the City; however, the previous action
of rezoning to SC establishes the appropriateness of the
expansion of the existing use. Otherwise, code requirements
which would affect the above criteria are complied with.
Other site plan items: ,.
Several items were noted on the initial submittal and a requesJ
was made to provide revisions. While most have been provided,
those dealing with the deficiencies identified above have not
been. In addition, details of the traffic ramps leading to the
'roof top parking must meet standards of a 12'6" clearance and a
24' minimum width in order to accommodate fire and emergency
vehicle accessibility. These details need to be provided.
A plat was provided with the initial submission. However, it was
set aside while site plan items where first resolved. Completion
of the platting processing is required prior to issuance of
building permits,
ASSESSMENT:
The site plan has two major aspects, traffic flow and unloading
areas, which are yet to be resolved. In addition to those two
items, specific Board action/direction is necessary to r~solve
other items which require relief, These items, along with the
suggested manner of resolution, are:
1, That the lighting standards on the developed portion of
the site are to be reduced to a height of 25',
2, That the 18' travelway between the existing sales
building and the south property line is accepted as a
non-conforming situation,
~
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TO:
RE:
Planning al
Staff Report
Page 5
Zoning Board
- Mazda Conditional Use and Site Plan Approval
3.
5.
Parking lot landscaping on the developed portion of the
site is to be brought into compliance through the
removal of two parking spaces and the installation of
landscape islands in their place,
That the existing encroachment of display parking
within the perimeter landscape strip along Federal
Highway may remain until such time as Federal Highway
is widened. At that time the perimeter landscaping
strip shall be provided, This shall be formalized in
an agreement prepared by the applicant.
ncroachment of parking will be allowed within
ndscape strip along Dixie Highway
such a Dixie is widened to its
th the erimeter landscaping strip a~'
sha~ then be ided. This shall be formalized in q
agreement prepared by the applicant. t
I
That a waiver of sidewalk installation along Dixie
Highway be granted. All other public sidewalks are to
be installed concurrent with on-site development.
\
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6.
Manner of proceeding: It is suggested that the Board, by
consensus or motion, provide formal action or direction on each
of the above six points. It is then suggested that consideration
of the conditional use request and the site plan be continued to
the Board's February meeting, In this way, the appropriate City
departments can continue to work toward a resolve of the traffic
flow concerns and the site plan can be revised to accommodate the
unloading situation.
Proceeding in this manner will not affect the overall time frame
for processing the project since the City Commission will not be
taking formal action on the annexation and zoning request until
a public hearing in March. The Board's action on the conditional
use and site plan in February will then catch-up to the zoning
action and would be acted upon at the same meeting (the
conditional use and site plan cannot be approved prior to the
annexation action in any event).
ALTERNATIVE ACTIONS:
1. Continue, with concurrence, after resolve of the six
points identified under the "assessment" portion of
this staff report,
~
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TO: Planning ir i Zoning Board
RE: Staff Rep~ _ - Mazda Conditional Use
Page 6
,d Site Plan Approval
2. In addition to the above, address the manner of
accommodating unloading and the cross-traffic
situation. This course of action is not recommended in
that the Fire Chief and the City Engineering department
have not yet reached a satisfactory resolve of the
matter. Even if these points are discussed, action on
the site plan without a satisfactory solution actually
shown is not desirable. If need be, it would be
appropriate to set such discussion as a specific
workshop agenda item for the Board's February 12th
meeting,
3. Recommend denial of the site plan, as submitted and
reviewed, based upon a failure to be able to make
appropriate findings for Standards for Site Plans #3
(ingress and egress) and #10 (public safety) and
Criteria for Conditional Uses #1 (access both vehicula~'
and pedestrian) and #2 (loading areas).,
.
RECOMMENDED ACTION:
Conduct the public hearing for the conditional use; address new
items which are brought up; address the six items identified in
the assessment portion of the report; and then continue
consideration to the February 22nd meeting of the Board.
Attachments:
- Standards for the Evaluation of Site and Development Plans
- Criteria for the Evaluation of Conditional Use Requests,
REF:A:DK#14/A:Lamata
.
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YEAR
'75
'79
'73
'74
'74
10 yr +
'81
'73
'73
10 yr +
'81
'84
'84
'84
'84
'84
'61
'79
'78
10 yr +
PARKS AND RECREATION
EQUIPMENT LIST FOR AUCTION
EQUIPMENT
Golf Cart
Battery Charger
Gravely & Brush
(tractor attach-
ments)
1 Reel Mower
Spartan sprayer
Lindig Soil
Shredder
camper Doors
Ford 3000 Tractor
Ford 3000 Tractor
1 John Bean
Sprayer
1 Yazoo Mower
Cushman Mower
Cushman Mower
Cushman Mower
Jacobsen Turf King
76" Mower
Roll Pac Sweeper
Bull Dozer 787
1 Olathe Sweeper
1 Generator
Clarke Buffer
3 Lifeguard Stands
8 Sylvania 400
Watt Court Lights
3 Interior Doors
2 Solid Wood Doors
1 Pair Double Glass
Doors
CITY 1
14253
14039
781
782
14116
14218
14108
14243
14676
14058
MODEL 1
JR B
R10
37PTOB
2056
DL
48
4.5PG-
3P/1R
C-20
I
SERIAL 1
7536084
9494
C-341532
C-3787-97
150678
762554
569073
569057
569045
67701
707
480416
027477-
1147
20-C 4852
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DEP ART~/1~NT AL
CORRESPONDENCE
[ITV DF
DElRAY BEA[H
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TO ~ter 0, Barry, City Manager
FROM ~M~J0'iSf~e4~or
Department of Planning and Zoning
SUBJECT
CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 8, 1988
CONSIDERATION OF A CONDITIONAL USE REQUEST WITH ATTENDANT
SITE PLAN TO ESTABLISH A DAY CARE CENTER ON LAKE IDA ROAD
(COMMUNITY CHILD CARE CENTER)
c.,.February 8, 1988
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is approval of a
conditional use request to establish a day care facility on
former City property located on Lake Ida Road at 5th Avenue, The
site plan for site development is also before the Commission. A
concurrent action is appropriate,
BACKGROUND:
In 1986, the City donated property to Community Child Care for a
day care facility. In 1987, the Commission took an action to
waive all fees associated with the processing and development of
the project.
In late 1987, Community Child Care engaged the voluntary services
of the architectural firm, Curry and Schneider, for purposes of
developing a site plan and completing the land use review
process. Once an approval is given, funding for construction
will be pursued,
The Planning and Zoning Board's staff report which provides more
background and an analysis of the request is attached.
Planninq and Zoninq Board recommendation: At the Board's pUblic
hearing there was no opposition to the request, Members of
Community Child Care were present to support the item, A request
was made that (staff) recommended conditions for the improvement
of 6th Avenue to Lake Ida Road and the reconstruction of 5th
Avenue adjacent to the site be deleted. The Board concurred with
the request citing previous actions of the City in support of
the use which meets a community need and further stating it felt
it was the City's obligation to correct the traffic problem at
5th Avenue, 4th Street, and the junction with Lake Ida Road, The
Board then forwarded the request with a unanimous recommendation
of approval for the use and the attendant site plan,
The Board also felt that the City should initiate an abandonment
of N, W. 6th Avenue and to allow the facility to be able to
locate further to the west on the site,
CL'o" 362
THe E:-r-
,I::... _~/,'A YS MATTER ~
J-J-..
l
>- ~
To: Walter 0, E ry, City Manager
Re: City Commission Documentation
Meeting of March 8, 1988
Consideration of a Conditional Use Request with
Attendant Site Plan to Establish a Day Care Center on
Lake Ida Road (Community Child Care Center)
Page 2
ALTERNATIVE ACTIONS:
1. Approve the requested use and site plan pursuant to the
recommendation of the Planning and Zoning Board,
2, Approve the requested use and site plan pursuant to the
staff recommendation as contained in the Planning and
Zoning Board staff report.
3, Continue with direction,
4, Denial of the requested use or site plan with reasons
stated,
5, In conjunction with any of the above, initiate an
action to consider the abandonment of N.W, 6th Avenue.
RECOMMENDED ACTION:
By motion, approval of the requested conditional use of a day
care center and approval of the attendant site plan subject to
the conditions as recommended by the Planning and Zoning Board
i.e, conditions (1) through (5) of the Board's staff report and
the additional condition that pursuant to Code Section '30-21-E
and 30-22-E this approval is valid for a period of 24 months,
It is not recommended that an action to consider abandonment of
N,W. 6th Avenue be initiated at this time since there are
properties which take access off of 6th and since it is not
necessary that the avenue be abandoned for the day care center to
proceed,
Attachment:
- Planning and Zoning Board staff report
.
PLANNING 8. ZL,,,ING
CITY OF OELRAY
BOARD
BEACH
STAFF REPORT
MEETING ~TE: FEBRUARY 26, 1988 (CONTINUED FROM FEBRUARY 22nd)
AGENDA ITEM: III. E
ITEM:
CONDITIONAL USE REQUEST:
COMMUNITY CHILD CARE CENTER (with Site Plan)
LAKE IDA ROAD AT 5th & 6th AVENUES
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GENERAL DATA:
General Data:
Owner.....""...,.,.,.,.".... ,Community Child Care Center
Agent.",..",..,....,...,..", .Currie, Schneider & Associates,
AlA, PA
Location...,.,...,.,..,..",...,South side of Lake Ida Road
between N,W, 5th Avenue and N,W.
6th Avenue
'-
Property Size.....,.........""l.132 acres
City Plan Designation.,..,..""Public
Adjacent Zoning..,.,..."..,.,..Residential (R-1A)
Existing Land Use,..,..""...,.Vacant land
Proposed Land Use.,.,......."..Community Child Care Center
Water and Sewer Service....,.",Service can be provided by
connecting into eXisting adjacent
lines
ITEM: II/,E
l
~~~
ITEM BEFORE THE BOARD:
The specific action before the Board is
recommendation on a conditional use request
plan for Community Child Care Center #2 to be
Road between 5th and 6th Avenues.
that of making a
and attendant site
located on Lake Ida
Backqround:
On December 16, 1986, the City commission "donated" this site
for a new child care center as the present Community Child Care
Center located at 215 SE 1st Avenue was unable to expand in its
present location. The site had therefore been a part of larger
City holdings which included the pump station located just north
of Lake Ida Road. The transfer was consummated after the City
prepared a legal description.
On May 26, 1987, a request "to waive all fees in connection with
the use, platting, planning and building of the proposed
community Child Care Center" was granted by the City Commission.
In January, 1988,a formal site plan and conditional use
application for this parcel was received by the Planning and
Zoning Department, The proponents have indicated that no
immediate development is proposed, but upon approval, final costs
will be assessed and those costs will set fund raising goals.
PROJECT ANALYSIS:
The proposed site development consists of a one-story, 4,456
sq,ft, child care center with the required outside play area.
Fifteen on-site parking spaces are provided, There is a single
point of access (located on N,W. 4th Street) and there is an
on-site drop-off area, The parcel is currently vacant; thus
there is no problem in providing required landscaping and meeting
building setbacks. Since Lake Ida is an arterial street and
access is available via other street, an access onto Lake Ida
Road is not permitted. It is anticipated that the center will
accommodate 60 children and will have 8 employees.
The primary means of accessing the facility is from Lake Ida Road
then onto N.W, 4th Street and then intQ the site. The traffic
pattern at Lake Ida Road, N.W. 5th Avenue, and N.W, 4th Street is
confusing and not properly designed. In the best of worlds, that
poor traffic situation should be rectified prior to increasing
traffic at it. However given the previous City efforts to
encourage this use, it is not appropriate to withhold development
permission for this project until the traffic problem is
corrected, The site development will not adversely affect the
City's ability to correct traffic problems in the future.
I
.""!
TO: Planning and Zoning Board
RE: Staff Report - community Child Care Center
February 22, 1988
Page 2
The project has
elevations and
landscape plans
been before the C.A,B. which has approved the
has approved the landscaping subject to final
being approved by the City Horticulturist,
Standards for Evaluatinq site and Development Plans: Section
30-22(D) of the Zoning Code,
Standard il (sufficiency of statements and graphic materials) has
been met through the revised submission of February 3, 1988.
Standard i2 (impact of the proposed use) Because the site is
separated from adjacent uses by a public streets on all sides
property line (neighbor) problems do not exist. Also, the site
lies between an arterial street and developed single family
residential areas; thus, serving as somewhat of a buffer. The
most significant impact will be that of traffic entering the
facility. That impact is limited to additional congestion as the
routing does not go in front of any private driveways. Thus, the
proposed use does not appear to present adverse impacts on the
immediate neighborhood.
Standard i3 (ingress and egress) Access to the facility has been
discussed in the proceeding paragraphs. The adverse impacts
associated with Lake Ida Road and the nearby intersection will be
a responsibility of the City to correct, The City Engineer has
pointed out that a normal requirement for development is the
construction of abutting streets. In this situation, he is
seeking construction of N.W. 6th Avenue from N.W, 4th Street to
Lake Ida Road; and the reconstruction of N,W. 5th Avenue to City
standards. The above physical improvements have been listed as
normal conditions of approval,
standard i4 (parking and loading areas) Required on-site parking
is provided as is a drop-off area for children A loading berth
is not required. The drop-off area needs to be appropriately
stripped and pavement markings (arrows) need to be provided for
the by-pass lane.
Standard i5 (screens and buffers) are adequately provided for in
site development. All setbacks and landscape buffers have been
provided.
Standard i6 (drainage) This site used to be a part of an earlier
area wide surface drainage system. Recently, drainage facilities
have been installed in the area and the surface drainage flow no
longer courses this site, However, it is necessary to assess the
matter in which on-site drainage is handled. This matter has not
been addressed in the submissions. An appropriate condition of
approval is affixed.
Standards 7 & 8 (water, sewer, and utilities) All are adequately
accommodated through the direct service to mains adjacent to the
site,
l
,
TO: planning ana Zoning Board
RE: Staff Report - Community Child Care Center
February 22, 1988
Page 3
standard *9 (recreation and open spaces) is met
space and the required recreation/play area being
the required 75 sq,ft. per child.
with 91%
over and
open
above
Standard *10 (suitability of site
proposal's appearance and general
harmonious with adjacent properties.
development) is met as
layout is compatible
this
and
Criteria for Evaluatinq Conditional Use Section 30-2l-(D)
The evaluation of this particular project under the proceeding
site plan standards generally suffices for the 30-2l-D analysis.
The submittal has been reviewed and approved by the Community
Appearance Board.
Other Items: The following item did not fall within the above
criteria and standards.
a) platting: Normally a plat would be required since
dedication of right-of-way is desired and this property
had not heretofore been platting. However, since the
City provided the initial legal descriptions and carved
the parcel out from a larger holding, it is appropriate
that the City provide the appropriate plat, In order
to assure that right-of-way is properly accommodated,
documents should be prepared which either reserve,
accommodate, or dedicate the additionally required
rights-of-way. This matter should be ultimately
resolved among the City Engineer, City Attorney, and
the property owners. The rights-of-way which are
affected include a five foot dedication along N.W. 5th
Avenue and additional right-of-way as shown on the site
plan,
ASSESSMENT:
The proposed use is needed by the community, Its proposed
location is good from a community-wide perspective. The site is
well designed and there should not be an adverse neighborhood
impacts. The factors associated with dedications and platting,
while normally the responsibility of the owner, are assumed to be
obligations of the City pursuant to previous Commission action
and direction relating to this particular site.
The immediate off-site traffic impacts are adverse. Accordingly,
the desired improvements are listed as recommended conditions of
approval. It is anticipated that these will be challenged by the
owner who will seek relief from having to provide them.
I
.
TO: Planning and Zoning Board
RE: Staff Report - Community Child Care Center
February 22, 1988
Page 4
ALTERNATIVE ACTIONS:
1. Continue with concurrence and direction.
2. Recommend approval subject to conditions, or with
modification to the recommended conditions,
3,
Deny based upon information provided at
hearing and/or upon the realization that
traffic improvements will not be provided
with development,
the public
appropriate
commensurate
RECOMMENDED ACTION:
By motion, based upon a finding that the
plan meets the standards for evaluation
criteria for evaluation of a conditional
of the proposed Community Child Care
fOllowing conditions:
proposed use and site
of site plans and the
use, recommend approval
Center subject to the
that drainage plans be provided to
for his approval prior to acceptance
by the Building De~artment.
2. That pavement markings be provided for the child
pick-up/drop-off area and the by-pass lane.
1.
the City Engineer
of building plans
3. That dedication of right-of-way, as shown on the site
plan, be accommodated by proper documentation. This
matter is to be resolved in a manner satisfactory to
the City Attorney and City Engineer and shall be
completed prior to the acceptance of building plans by
the Building Department,
4. That the paved walkways, as shown on the site plan as
located in rights-of-way be constructed concurrent with
development.
5.
That the building
construction plans for
Street.
plan submittal also include
driveway connection to N.W, 4th
l
,
TO: Planning and Zoning Board
RE: Staff Report - Community Child Care Center
February 22, 1988
Page 5
6, That N.W. 6th Avenue be constructed from N.W, 4th
Street to Lake Ida Road.
7.
That N.W, 5th
standards.
Avenue be
reconstructed to
City
Attachment:
- reduced copy of site and development plan
ref/pd*2/A:srcccc
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DEPARTMeNTAL
CORRESPONDENCE
TO
Walter O. Barry, City Manager
[ITV DF
DELAAY BEA[H
'T~Ci
FROM ~Gerald B. Church, P.E., City Engineer
SUBJECT
A-l-A Sidewalk Project
DATE
3-7-88
The subject project involved the replacement of the existing
asphalt sidewalk with a new wider concrete sidewalk along the
entire length of public beach. During the course of the project,
two situations were encountered which weren't covered in the
original contract. Namely, the relocation of sprinkler control
valves and a portion of the main irrigation line out from under-
neath the new sidewalk. This work was deemed necessary in order
to prevent future damage to the sidewalk if repairs or alterations
to the sprinkler system were necessary. The Parks Department
agreed to allow the contractor to do the work and Engineering
recommends approval of the change order.
The project funding involved $100,000 from Recreational Impact
Fees and the balance from the Beach Restoration Fund. Therefore,
it is recommended that the funds for this Change Order come from
the Beach Restoration Fund.
Three originals of the Change Order, along with the Agenda Request
Form are attached for review and further processing.
GDC:GBC:ji
Attachments
t.-3
CM 362
THE EFFORT ALWAYS MATTER;,
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CHANGE ORDER
No, 1
Dated February 25
,198L
Project No. 04-30-87-DB
Project Name: A-l-A SIDEWALK
Owner: City of Delray;Beach, Florida
Contractor: PATHWAY ENTERPRISES, INC.
Contract Date: June 12, 1987
To: PATHWAY ENTERPRISES, INC.
, Contractor
You are directed to make the following changes in the subject contract:
(1) Relocate existing sprinkler pumps and valve boxes belonging to the
Parks Department
(2) Remove and relocate 770 L.F, of sprinkler line found under proposed
concrete sidewalk
..
which changes are more specifically described in the attached amended plans, drawings, and
speciCica tions.
.
The reason for the change is as follows: These pumps. valve boxes and sprinkler lines
are in the area of ro osed concrete sidewalk and should be relocated for
future access.
The contract price and contract time shall be adjusted because of such changes as follows:
.
A. Contract Price
I. Contract price prior to this change order: $149. 058.25
Page One of Two Pages
l
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CHANGE ORDER *_1_
2. Net iRcrease resulting from this change order: 2 , 982. 51
,3. Current contract price including this change order: 152, 040 ,76
B. Contract Time
1. Contract time prior to this change order:
2. Net increase resulting from this change order:
3. Current contract time including this change order:
120 days
'None
120 days
City of Delray Beach, Florida, OWNER
By:
Attest:
City Clerk
City of Delray Beach
Approved as to form:
City Attorney
\
The above changes are accepted on ,3 ~ / , 198 BS. I understand that all the
provisions of the Contract Document related to Project No. {)FJ 0- <l'7-J} ~ which are not
inconsistent with the terms of this Change Order shall remain in effect and apply to all work
undertaken pursuant to this Change Order.
Witness:
eL~A-, p~-(
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As to Contractor
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I , ~Z/A('. . CONTRACTOR
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Title
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By:
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Delray Beach Police Department
300 West Atlantic Avenue . Delray Beach, Florida 33444-3666
(305) 243-7888
m~
CHARLES KILGORE
Chief. 'ot Police
March 10, 1988
Walter 0, Barry, City Manager
CITY OF DELRAY BEACH
100 Northwest First Avenue
Delray Beach, Florida 33444
Dear Mr, Barry:
The Delray Beach Police Explorers, Post 319, is a non-profit
organization chartered by the Boy Scouts of America,
The Police Explorers respectfully request authorization to
carry out the following fund raising activity within the city
limits of Delray Beach,
~
The explorers would provide a service to area ousinesses by
painting their addresses on the rear of the building, facing the
alley; the numbers would be stenciled on, This would not only
assist the business owner, but would also be a great help to the
Police and Fire Departments, when responding to calls,
The Explorer Post would,actively advertise this service through
local public service messages and by door to door solicitation, A
ten dollar ($10,00) donation would be requested for this service.
I have discussed this matter with Chief Kilgore and have his
full support,
Thank you for your kind consideration,
Sincerely,
CHARLES' KILGORE f)t.
Chief of Police
By:
>)
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PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER
~
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Chapter 22 of the Code of Ordinances
Adopted June 8, 1982
APPLICATION FOR PERMIT TO SOLICIT
IN 'llHE CITY OF DELRAY BEACH, FLORIDA
DELRAY BElICH POLICE EXPLORERS (POST 319)
Name of Organization
300 WEST ATIANTIC AVE., DELRAY BEACH, FL. 33444-3666
Address
243-7888
Telephone Number
Incorporated: Yes:
No: X
Date of Incorporation:
GEDFFREY R, WILLIAMS, ADVISOR
Names of Officers and Directors
ro ro~JjIlli: ~~I~ qF YQTTMr:: P=<:riI\T~ TN'T'RRRq'l'Rfl IN LAW PNF()1<rFMF'NT AS A CAREER.
Purpose 0 rgan1zat10n .
Name of Local Paid Executive: AN ALL VOlliNTEER PRCGRAM
KIND OF ACTIVITY:
THE APPLICATICN OR STREET ADDRESSES CN THE REAR OF BUSINESSES VIA STENCILS
AND PAINT.
(General SOlicitation, Ball, Motion Picture, etc.)
'IQ N)SIST TIE POLICE AND FIRE DEPARIMENTS IN LOCATING BUSINESS ADRESSESv!HEN
RESPONDING 'IQ CALLS,
Specific Purpose of Solicitation
The applicant shall attach to this Application on a $eparate Exhibit A, a
,list of persons, including their address and telephone number, who shall
be available to answer inquiries during the hours when the solicitation is
being conducted from all persons being solicited, relative to verification
of the identity of solicitors and the nature of the solicitation. This
Exhibit A need not be published as part of the required publication set
forth in Section 22-49 of the Charitable Solicitations Ordinance. Failure
to provide such list,'or to comply with the availability requirement set
forth above may result in revocation of the permit to solicit~
GEOFFREY R. WILLIAMS, ADVISOR
Name and Address 0:: Local Chairman or Person Directing Solicitation
$1000.00
Goal
PRESENT THRU 12-31-88
Dates of Solicitation
OOOR 'IQ OOOR, CCM1lJNITY SERVICE MESSAGES (RADIO, NEWSPAPER)
Methods of Solicitation
NrnF.
Paid Promoters or Solicitors
Percentage Agreement
$150.00
Estimated Administrative Cost of Fund Raising
in Delray Beach
STENCILS/PAINT
Items Underwritten
. ~~::d~/
. ,.,.
u.
Estimated Percentage of Proceeds to
be expended in De1ray Beach:--lDo~
.
LATEST SOLICITATION IN THE CITY OF DELRAY'BEACH:
,
Total Amount collected in 19
NONE
Total Expenses in 19
Remitted to National or State in 19____
Amount of Proceeds Expended in Palm Beach County in 19
To this form must be attached:
Copy of Charter
Copy of By-Laws
Statement of income and expenditures for previous year for local,
regional and national organization.
The applicant hereby agrees that prior to allowing solicitors to
undertake activity soliciting'charitable contributions that the applicant
will inform each solicitor of the nature and purpose of the drive and
provide each solicitor with a copy of the advertisement or other publication
approved under Section 22-49 of the Charitable Solicitations ordinance. The
solicitor shall be informed that he is to show this material to any person
raising a question as to the expenditure of funds being solicited.
The applicant further agrees to acquaint said solicitors with all the
rules and regulations provided in Article III, Chapter 22, Code of Ordi-
nances of this City, and agrees that any violations thereof will subject the
organization to punishment as provided therein, including the revocation of
the right to solicit in this City.
This application shall be sworn to by the applicant and shall be accom-
panied by a consent of the charitable organization involved consenting to
the solicitation of funds on behalf of said charitable organization.
n~.., "'~T~=~91
BY,dltr. WllllW$
Title: ADVISOR
SWORN TO AND ~,UBSCRIBED before lIIe this
tRCG-n 6(?/L , 19 V .
.2
day of
~~/~'L
ot ry Public, State of Florida
City Council:
My Commission Expires:
IIOTARY PUBLIC. STATE OF FLORIDA
IJYCOMMISSION EXPIRES APRIL 23, 1991.
.ONOJ;;D THRU NOTARY PUBL.IC UNOERWRITERS,
Approved:
Disapproved:
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IDF:HTU'ICJ\'rION Clm.
In C'';'',lplii:l11ce ,,,ith 1\rticl<:, III, Chapter, 22 of the Coelc,
, CITY OJ:' DJ~IJ{AY DE1\CII, FLORIDJ\,
By law this carel mu!:t be rCl'1d or p'rellented
to all prof'lpectiyc dOllors.
NOT 1\N E~DORSEr1F.~rr FOR INFORMATION ONLY
.
Palm Beach County Chapter of
DELRAY BE\CH POLICE EXPLORERS' ,(POST 31-9) BOY SCOUTS OF AMERICA
Will conduct its annual appeal;
From 12-09-87 to 12-31-88 '
.'
Distribution of $
Income Last Year ~OD
Fund Raising,
Adminigtration and
Publie Info~ation $ 4()o (oo "
, .'
Research $ "
Pai:ieni:. Service $ "
.
Public Health
Information $ "
Reserve Fund $ "
Transmitted to
Nai:ional,
State or Area $ ".
Toi:al Disi:ribution $
"
Each Dollar contributed to
lasi: year ....-as spent as sho~-m below.
,-~
......
Fund Raising,
Administration and
Public Information
"
Patient
Service
"
\
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/
/
,I
/
,/
.....
.....
~
"
...............-_0_
Not~: Compliance with other applicable lnws is not
waived by the issuance of a permit ~o solicit.
To be used only by the solicitor whose signature
appears Qelow.Coll1pare with your receipt.
~. /J/, ) )" .
Signatures: '~ tC'J fJ,cl./l')'v0
Del.y ench Chairman Solicitor
Date effect.tve: 3 -(0 _ '? g-
E>qlire:i:
- - - 3 _
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RESOLUTION NO. 17-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING RESOLUTION NO, 39-87 WHICH MADE APPROPRIATIONS
OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF
DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1987-88, BY MAKING
NECESSARY TRANSFERS TO THE FOLLOWING DEPARTMENTS/DIVISIONS:
PLANNING AND ZONING, COMMUNITY DEVELOPMENT AND CAPITAL IMPROVEMENT,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I, That Resolution No. 39-87 be, and the same is hereby
amended to read as follows:
That the following sUms of money be, and hereby are appropriated
upon terms, conditions and provisions hereinabove and hereinafter set forth:
Revenues
Ad Valorem Tazes
Franchise Tazes
Utility Tazes
Other Tazes
Licen.e. .nd Permit.
Intergovernmental
Charg.. for Service.
Fine. and Forfeiture.
Intere.t Earning.
Recovery of Admin Co.ts
Miscellaneou.
Total Revenue.
Other Finane ing Source.
Contribution. in Lieu
of Taxe.
Prior Year Federal Rev
Sharing Fund Balance
Prior Year Fund Bal.
Total Finane ing
Source.
Total Revenue. and
P inane ing Sources
Ii
I:
,:
CITY OF DELRAY BEACH
OPERATING BUDGET POR PISCAL YEAR 1987-88
POR GOVERNMENTAL PUND TYPES
General
Pund
Community
Developm..nt
Fund
Lav
Enforceaent
Trust Fund
$ 10.544.629
2.366.300
3.417,300
786, 000
1.274,960
~.~~.~3,735,586 ~GQG 705,290
578.875
349.000
321.972
1.255.668
293.643
.$-~-86-l,-l.O'~
$ 24,923,933
4U,4OQ
705,290
$ 1.297.242
$
$
20.000
925. 000
276.033
$ 2.242.242
$ ""2'7-.~....t9'
27,166,175
-4-5'8;eee
705,290
276.033
- 1 -
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Rea, No. 17-88
Expendituree
Current
General Government $
Police
Fire and Emergency
Service.
Develop.ent and
In.pection
Pl.nning and Zoning
Engineering
Public Won.
Pan. and Recreation
Grant. and
Contingenc i..
Debt Service
Capital Improvement
Community Development
Total Ezpenditurea
Other Financing U...:
Operating Transfer. Out $
**Total Ezpenditure.
and Financing
Propo.ed Hillage for
1987-88
Operating
Debt Service
Ii
II
I
II
Total Hillage
General
Fund
Community
Development
Fund
Law
Enforcement
Tru.t Fund
2.685.672
7.690.378
4.913.399
1.387.408
-464,TT6- 502,532
386.126
1.836.008
3.199.783
1.214.310
2.528.980
-~".eoe- 598,000
-~,~;ooe 705,290
-$-26;1l1';MO
$ 26,942,596
-~,~;ooo-
705.290
276.033
223.579
-$-:l~rlg~r419-
$ 27,166,175
276.033
5,2991
,7009
6.0000
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R.., No,
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CITt or DELRAY BEACH
OPERATING BUDGET FOR FISCAL 1987-88
FOR ENTERPRISE FUND TtPES
Water & Del ray City
Sewer Golf Karina C..nery Sanitation
Fund Cour.e Fund Fund FWld
Operatina Revenue.1
Charse. for Servic:e. $10.995.000 78.000 48.000 1.963.000
Golf & Re.taurant
Operator Fee. 222.000
Total Operatina
Revenue. $10.995.000 222.000 78.000 48.000 1.963.000
Operatina Expen.e.1
Per.onel Servic:e. $ ~473.718 0 0 68.804 0
Other Operatina Ezp, $ 4.448.772 47.000 28,42.5 50.748 1.850.100
Depree iation $ 1.200.000 50,000 20,000 0 0
Total Operatina Exp. $ 8.122.490 97.000 48.425 119.552 1.850.100
Operatina Inc:ome $ 2.872.510 125, 000 29.575 (71.552) 112.900
Nonoperatina Revenue. (Expen.e.)
Intereat Revenue
and BoneS lund. $ 640.000 23 . 000 4.500 3.500 45.000
Kiac:ellaaeoa. Revenue
(Exp.n..) ( 64.859) ( 2.115) 75 1.000 0
Inter..t Expen.e ($2.269.575) ( 119.552) 0 0 0
Total Nonop.ratina
Revenue , (Expen.e) ($1.694.434) ( 98.667) 4.575 4.500 45.000
Inc:ome Before Op.rating
Tran.fer. In (Out) $ 1,178.076 26.333 34.150 (67.052) 157.900
Operatina Tran.fer. In (Out)
Operatina Trand.ra J n 75.298 0 0 95.371 0
Operatina Tran.. Out ($1.249.529) (16.353) ( 5.120) ( 3.074) (151.000)
Total Operatina Tran.
In (Out) ($1.174.231) (16,353) ( 5.120) 92. 297 (151.000)
***Net InC:OIIe $ 3.845 9.980 29.030 25.245 6.900
- 3 -
Rea, No. 17-88
S.etion 2. Th.t.ll moni.. h.ninbefore appropriated .n .ppropri.ted upon thli
term., eondition., and provi.ion. h.reinb.for. and h.rein.ft.r ..t forth.
Section 3. Th.t .ubjeet to the qu.lifieation. eOnt.in.d in thb re.olution .d
.ppropri.tion. .ad. out of the G.neral Fund .n deel'nd to b. .a:imum, eonditional, an~
proportion.t. .ppropri.tion., the purpo.. b.ing to make the .ppropri.tion. p.yabl. in full
in the "OWIt. h.r.in named if n.e....ry and th.n only in the .v.nt the .ggng.u rev.nu..
eoll.eted and other r..oure.. av.ilable during the P.riod e_neinl the lat d.y of Oc:tcb.r,:
1987, and urain.ting the 30th day of S.ptember, 1988, for whieh the .ppropri.tion. are
mad., ere .uffiei.nt to p.y .11 the .ppropri.tion. in fUll, oth.rvi.. the ..id .ppropri.~
tion. .hell b. d..ed to b. p.yable in .ueh proportion .. the toul .ua of n.lized rev.nu~
of the Gen.ral Fund i. to the tot.l amount of rev.nu.. ..timated by tb. City Couneil to b.
,v.ilabl. in the p.riod eomm.nc ing the 1st d.y of Oc:tober, 1987, and t.rmin.ting the 30t~
d.y of S.ptemb.r, 1988. i
S.etion 4. Th.t.ll b.lane.. of the .ppropri.tion. p.yable out of tb. GeIl.r.J
Fund of the City Tr...ury un.neumbered .t the elo.. of bu. in... on the 30th day of S.pt.mb.~
1987; ue.pt .. otb.rvia. provided for, an h.reby d.elared to b. lap..d into the Cit~
Tnuury and ..y be u.ed for the payment of the .ppropri.tion. whieh ..y b. mad. in .n~
.ppropriation for the fbe.l year cOllllllencing the tat d.y of Oc:tcb.r, 1987, provided, how.,
ev.r, nothing in tbi. S.ction .h.ll b. con.tru.d to b. 'pplicabl. to un.ncumb.r.d b.l.nca.
r_.ining to the cr.dit of tha Water and Sewer Fund, S.nitation Fund or any fund. cr..ted b~
the ..tting up of .p.ci.l ravenue, but .uch balance. .h.ll be u..d in financing the propo.e~
ezpanditur.. of th... fund. for the fi.cal ye.r cOllllllencing the 1.t day of Octcb.r, 1987. I
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S.etion 5. Th.t no dep.rtm.nt, bur.au, ag.ncy or individu.l r.c.ivinl .ppropri.~
tion. und.r the proviaion of thi. re.olution .h.ll eze.ed the amount of it. .ppropriation,:
a:c.pt with the con..nt and approv.l of the City Council fir.t obt.in.d; and if .ueh d'p.rt~
unt, bur..u, 'I.ncy, or individu.l .h.ll a:c..d the amount af it. .ppropri.tion withoutl
auch cona.nt and .pproval of the City Council, the .dminbtrative officer or individUal, inl
the diacntion of the City Council, may be deemed guilty of neglect of official duty and may'
b. subject to removal therefor.
Section 6, That nothing in thb raaolution shall b. con.trued .. autborbing .ny!
reduction to b. ..d. in tb. amount. appropri.ted in tbia reaolutioll for the paym.nt of!
ii int.n.t on, or ntir...nt of, the debt of the City of Delray Be.ch. Florid..
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S.etion 7. Th.t none of tb. 1II0ni.. enum.rated in thia ruolution in connection'
witb tb. Gen.r.l Fund, W.t.r .nd Sew.r Fund, S.nit.tion Fund or .ny oth.r Fund of the Cityl
.b.ll b. up.nd.d for any purpose. th.n tho.. for whieb tbey .r. .ppropri.ted, aDd it .h.ll!
b. the duty of tb. Dinctor of Financ. to nport kllOWll viol.tioua of thi. .ectioll to th.1
City Man'l.r. I
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S.ction 8. Th.t .11 monie. coll.cted by any d.p.rtlll.nt. bur.au. .g.ney or indiyi-,
du.l of the City Gov.rnm.nt .hall b. p.id prolllptly into the City Trea.ury, ,
S.ction 9. Th.t the foregoing budg.t b. .nd heraby b adopted .. tb. official
budget of tb. City of Delr.y Beacb for the .fonaaid p.riod. Provided, hoveYer that the
r..trietion. with rp..p.ct to tb. ezp.nditure'/ezren.e. of tb. fund. .ppropri.ted .hell apply
only to tb. lump .~. ..ount. for cla.ses of ezpenditure'/ezpea... which have beell !Deluded
in tbi. re.olution.
S.ction 1 ). Th.t public hearing. ....: e held OD the ta: levy and the budget on
S.ptember 8, 1987 and S.ptember 22. 1987.
S.ction 11, That tbi. resolution ahall be effective immediately upon passage,
MAYOa
;i ATTIlST:
City Clerk
- 4 -
R.., No, 17-88
[ITY DF DELAAY BEA[H
':"'iE~,JUE
DELHAY BeACH, FLORIDA 33444
305,243 7000
MEMORANDUM
TO:
Walter O. Barry, City Manager
Robert A. Barcinski, Assistant City Manager
AGENDA REOUEST BUDGET AMENDMENT'
March 16, 1988
FROM:
SUBJECT:
DATE:
Request the attached budget amendment be placed on City
Commission agenda for March 22nd for their consideration and
approval. The purpose of this amendment is to budget revenues
and expenditures for three grants received after the fiscal year
1987-88 budget was adopted and to reappropriate 1986-87
unencumbered Community Development Block Grant funds. The three
grants received and the amounts are as follows:
1.
Planning & Zoning State Assistance
Grant for Comprehensive Plan
Historical Preservation Grant
Rental Rehabilitation Grant
$ 37,756
25,000
142,900
2.
3.
The 1986-87 unencumbered balance in the Community Development
Block Grant program is $104,390. These funds will be
reappropriated to the same line items in the 1987-88 budget.
This amendment is needed for accounting purposes.
A detailed summary sheet from Budget Director Yvonne Kincaide is
attached along with a budget resolution.
RAB:nr
Encl
~s
THE Ei"<'RT AL'NAlS MATTERS
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RESOLUTION NO. 18-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII 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 RECORD-
ING OF THIS RESOLUTION, 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 9, Article XIII 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 9 and those Codes adopted in Chapter 11 of the Code
of Ordinances: and,
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WHEREAS, pursuant to Chapter 9, Article XIII 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 9 and/or Chapter 11 of the Code of Ordinances, and did
furnish the respective owner(s) of the 1and(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 9, Article XIII of the Code of
Ordinances describing the nature of the violations and sent notice that
the building was to be vacated wi thin three (3) days from notice 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 one hundred
and twenty (120) days, 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 demol-
ished from the date of the said notice: 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 9-482 the Build-
ing Official caused the abatement action to be done: and,
WHEREAS, the City Manager of the City of De1ray Beach has,
pursuant to Section 9-483 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Council 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 Council of the City of Delray Beach, pursuant
to Chapter 9, Article VIII of the Code of Ordinances desires to assess
the cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, That assessments in the amount of $1,298.00
One thousand two hundred ninety eight and no/lOO dollars as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel (s) of land described in said report and in the amount (s) indi-
cated thereon. Said assessments so levied shall, if not paid within
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thirty (30) days after mailing of the notice described in Section 9-483
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 Council 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 sha~l 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.
of
PASSED AND ADOPTED in regular session on this the 22nd
March , 19 88,
day
MAY 0 R
ATTEST:
City Clerk
- 2 -
Res. No.18-88
NOTICE OF ASSESSMENT
?n~/ .:<!..:z., /flfP
Date
;
TO: Charlie and Evelina Gainer
ADDRESS: 245 NW 14th Avenue, Delray Beach, Fl 33444
PROPERlY:
245 NW 14th Avenue, Delray Beach, Fl 33444
LEGAL DESCRIPTICN:
Lot 15. Block A, Carver Memorial Park, according to Plat Book 20,
Page 56 of the official records of Pal~ 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 $1.298,00 by resolution of
the City Council of the City of Delray Beach, Florida, dated '7rJ~ -< -<
19 <?f, has been levied against the above-described property,
'!be costs were in=red as a result of a nuisance abatement action regarding
the above-described property, You were given written notice on 2-19-88
that the building official has detennined that abuilding' located on the above-
described property was unsafe, You were advised in that notice of the action to
be taken to rerredy that unsafe condition and of the ti:. within which the rerredial
action was required to be taken,
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You failed to appeal the decision the building official to
the Board of Construction Appeals :hough you were inforned
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 buildi!1g official.
You appealed the decision of the building official to the
Board of Construction Appeals, You 'Nere given written
notification on that you were required
to take the corrective action requi~ed by the decision of
the Board of Construction Appeals w~thin a stated period of
tirre, You failed to take the actio:" as required by the order
of the Board of Construction Appeals.
'!be City of Delray Beach has therefore taken rerredial action to rem::Jve the
unsafe condition existing on the above-described property on 3-2-88
at a cost of $1,298,00 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 COUNCIL,
L~~ fEe-<--_u
City C erk
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RESOLUTION NO, 19-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII 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 RECORD-
ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS~1ENTS;
PROVIDING FOR THE MAILING OF NOTICE,
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 9, Article XIII 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 9 and those Codes adopted in Chapter 11 of the Code
of Ordinances; and,
WHEREAS, pursuant to Chapter 9, Artccle XIII of the Code of
Ordinances of the City of Delray Beach, the Building Official or his
designated representative has inspected said ~and(s) and has determined
that an unsafe building existed in accordance with the standards set
forth in Chapter 9 and/or Chapter 11 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 9, Article XIII of the Code of
Ordinances describing the nature of the violations and sent notice that
the building was to be vacated within three (3) days from notice 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 one hundred
and twenty (120) days, 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 demol-
ished from the date of the said notice; 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 9-482 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 9-483 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Council 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 Council of the City of Delray Beach, pursuant
to Chapter 9, Article VIII of the Code of Ordinances desires to assess
the cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, That assessments in the amount of $2,090.00
Two thousana nJ.nety and nO/100 dollars as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel (s) of land described in said report and in the amount (s) indi-
cated thereon. Said assessments so levied shall, if not paid within
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thirty (30) days after mailing of the notice described in Section 9-483
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.
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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 Council 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 sha,l become effective thirty
(30) days from the date of adoption and th, assessment (s) contained
herein shall become due and payable thirty (3J) days after the mailing
date of the notice of said assessment(s), af~er 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 22nd day
of March ,1988,
MAY 0 R
ATTEST:
City Clerk
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Res, No. 19-88
NOl'ICE OF ASSESSMEm'
7n4A<l.~ ,;2.02.-/ 19"
Date
'1'0:
Benito Andino
ADDRESS:
244 SE 3rd Avenue, Delray Beach, FI 33444
PROPERTY:
244 SE 3rd Avenue, Delray Beach, FI 33444
LEGAL DESCRIPTICN:
Osceola Park, according to Plat
County, FI
You, as the record owner of, or holder of an interest in, the above-described
property are hereby advised that a cost of $2,090,00 by resolution of
the City Council of the City of Delray Beach, Florida, dated <.yyJlllA e~ :2 ~
19 ii, has been levied against the aOOve-described property.
S 1/2 of Lot 22
and N40' of Lot 23,
Book I, Page 133 of
Block 87, Linn's Addition to
the official records of Palm Beach
'!be costs were incurred as a result of a nuisance abatement action regarding
the aOOve-described property, You were given written notice on 2-18-88
that the building official has deteDllined that a building located on the above-
described property was unsafe, You were advised in that notice of the action to
be taken to remedy that unsafe conch tion and of the tine wi thin which the remedial
action was required to be taken.
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You failed to appeal the decision cf the building official to
the Board of Construction Appeals although you were informed
of your right to an appeal and of the procedures for obtaining
appeal. You have also failed to take the corrective action
required by the notice of the building official,
You appealed the decision of the building official to the
Board of Construction Appeals, You were given written
notification on that you were required
to take the corrective action required by the decision of
the Board of Construction Appeals within a stated period of
tine, You failed to take the action as required by the order
of the Board of Construction Appeals,
The City of Delray Beach has therefore taken remedial action to rerrove the
unsafe condition existing on the above-described property on 2-22-88
at a cost of $2,090.00 which includes a ten percent (l0%)
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 COONCIL,
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City Clerk
[ITY DF DELAA
CITY ATTORNEY'S OFF!
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MEMORANDUM
From:
Jeffrey S. Kurtz, Assistant City Attorney
~\(v
NICHOLS SECOND ADDITION
Date:
March 2, 1988
To:
Walter O. Barry, City Manager
Subject:
Acquisition of Lot 8,
Pursuant to Resolution No, 33-87 which authorized the City
Attorney's Office to enter into negotiations for the acquisi-
tion of lots adjacent to the City's Water Treatment Plant, as
such lots are needed for the expansion of the Plant, and the
Commission's workshop meeting of August 18, 1987 wherein
relocation policies were established for persons displaced by
the City's acquisition of land, the law office of James W,
Vance, P,A, have received another offer to sell from a property
owner, The Murrys own Lot 8 of the NICHOLS SECOND ADDITIONS of
division and are willing to part with ~heir property for
$40,000 plus $500 in moving expenses, The appraised value of
the property is $38,500 and closing is presently scheduled for
April 1, 1988.
It would be appreciated if you would place this item on the
Commission's agenda for their acceptance. I have attached
copies of Bill Doney's letter of transmittal and the proposed
contract of sale for your reference. Should you have any
questions concerning this matter, please do not hesit,ate to
contact our office.
JSK:sh
Attachments
cc: City Commission
Robert Pontek, Director of Public Utilities
'yg
LAW OFFICES
JAMES W. VANCE
WILLIAM P. DONEY
JAMES W, VANCE. P.A,
SUITE 200. BARRISTERS BUILDING
1615 FORUM PLACE
WEST PALM BEACH. FLORIDA 33401
TELEPHONE
(3051 SBA-55AA
February 18, 1988
,'~"::
Jeff Kurtz, Assistant City Attorney
City of Delray Beach
310 S. E, 1st Street, Suite 4
Delray Beach, Fl. 33483
.3'33'iD ~';,
>{.}__+'3.',{ _
CH\' At~Of(HY{~. Oi~i:."~
(:H:; ':: r:~::'!Jny~}~!;~s!,:J
RE: Murry Sale to City of Delray Beach
Lot 8, NICHOLS SECOND EDITION TO DEL RAY BEACH
Dear Jeff:
Enclosed herewith please find the original of a proposed
contract between Jimmy Lee Murry and Mary Elizabeth Murry,
his wife and the City of Delray Beach concerning the sale of
their property to the City located at 315 S. W. 7th Street.
Please proceed to take whatever steps are necessary to have
the contract executed by the appropriate City official and
return 3 copies to me, As you will note, the purchase price
is $40,000, and Closing is scheduled for April 1. I also
enclose for your reference a copy of a letter from William
W. Branch of Associated Appraisers which shows the appraised
value of the property to be $38,500.
Please contact me if you have any questions or comments
concerning this matter.
WPD/prn
Encl,
'J!J;f"1b,
WILLIAM p, DONEY, ESqU~
(I
RSSOC'~TfD
P P R ~ I ~ ER S
" COnSULTAnTS JOe.
JAMES R. BRANCH, SREA, MAl
JOE R. KERN. SRA
KENNETH J, KISSEL, MAl
'1/11t-'H(i,tl' 'yf.l-n.' H..., .~, t 2U28-P() H. \1)1')')_!'.. "U ..'hGrd'lr'. fl \1'1
ASSOCIATES
MARCIA M BRANC~
WILLIAM W BRANCl--
KATHLEEN A, CROMWEl...
VIRGINIA S, GRA;
AUDREY J HORSEFIELD
DONNA M_ KERN
JOSEPH C MilBURN, JR, R.W:
ANTHONY J, REtCl--
F. L RODGERS
January 27, 1 98E
James Vance, Attorney at Law
Suite 200 Barristers Building
1515 Forum Place
West Palm Beach. Florida 33401
Dear Mr. Vance:
As per your request I have conducted a market analysis in order to update the
original appraisal dated March 5. 1 987 of the following described parcels:
Parcell
Property Control No. 12-43-45-20-08-000-0010
Legal Description: Nichols Second Addition to Delray Beach, Lot 1.
Owner of Record:
Edwin and Marilyn B. Variance
201 SW 7th St.
Delray Beach. Florida
Appraised Value:: $91.500.
Parce I 2
Property Control No. 12-43-45-20-08-000-0020
Legal Description: Nichols Second Additon to Delray Beach, Lot 2,
Owner of Record:
First Nationwide Bank
3840 Rosin Court - Suite 250
Sacramento. CA 95834
Appraised Value: $38.000,
Parcel 3
Property Control No, 12-43-45-20-08-000-0030
Legal Description: Nichols Second Additon to Delray Beach. Lot 3.
Owner of Record:
. :J.:t~.1.~1 S1tf.t....:t..,.,.......IIt},ot
.
.
Owner of Record:
Edgiel and Betty J. Shspherd, Jr.
213 S.W. 7th Street
Delray Beach, Florida
Appraised Value: S'I1.000.
Parce I 4
Property Co"trol No. 12-43-46-20-08-000-0040
Legal Description: Nichols Second Addition to Delray Beach. Lot 4.
Owner of Record:
Olive H. Tucker
225 S.W. 7th Street
Delray Beach. Florida
Appraised Value: S46.500.
Parcel 5
Property Control No. 12-43-46-20-08-000-0050
Legal Description: Nichols Second Addition to Delray Beach, Lot 5.
Daniel C. Rathburn G Patricia B. Rathburn
303 S. W. 7th St.
Delray Beach. FL 33444
Appraised Value: S45.500,
ParLe I 6
Property Control No. 12-43-46-20-08-000-0060
Legal Description: Nichols Second Addition to Delray Beach, Lot 6.
Owner of Record:
Paul and Anita M, Bell
307 S. W. 7th Street
Delray Beach, Florida
Appraised Value: $48.000.
FJarcel 7
Property Control ~,jo. 12-43-46-20-08-000-0070
Legal Description: Nichols Second Addition to Delray Beach. Lot 7.
~:Jwner of Record:
3erald N. Dean
311 S. W. 7th Street
:=Jelray Beacn. Florida
.
.
Appraised Value: $35.000.
Parcel 8
Property Control No. 12-43-46-20-08-000-0080
Legal Description: Nichols Second Addition to Delray Beach, Lot 8.
Owner of Record:
J. L. and Mary E, ~-'lurry
315 S.W. 7th Street
Defray Beach, Florida
/'.ppraised Value: $38.500.
Parcel 9
Property Control No. 12-43-46-20-08-000-00g0
Legal Description: Nichols Second Addition to Oelray Beach, Lot g,
Owner of Record:
Nieves L. and Leaner Vasquez
319 S.W. 7th Street
Delray Beach, Flcrida
Appraised Value: $9I,OOO,
Total value all parcels: $'175.000. ff you have any questions please call.
Sincerely,
William W. Branch
WWB/ajh
PARTIES,
of 315
~~',~ T,me ~~JRRY & ~'ARY ELI~ETE ML"RRY
S. W. 7th Street. Delrav Beach _ Florida
rTt'flV r'lJ;' nm:Rnv ~J<'Zl~~. P'YllPmn.
, ("Seller
[Phon. 272-8328
, ("Buyer
ghon. 684-5544
6-nditions which INCLUDE
and
of
hereby agree that the Seller shall sell and Buyer shatl buy the following property ("Property"l upon the following
Standards For Real Estate Transactions set forth on the reverse side hereof or attached hereto ("Standard(5)").
I.
DESCRIPTION,
(a) Legal description of Property located in
P.:=ilrr: ~~f"'h
County, Florida:
Lot 8, NICEOLS SECO[\J1) ADDITION 0:;:0 DELRAY BE,ZI.c;:.;, according
to the Dlat thereof recorded in the Office of the Clerk
of the Circuit Court, in and for Palm Beacl1 County, Florida,
in Plat Book 21, page 70
(bl Street address, if any, of the Property being conveyed is 315 SoWo 7th Street, Delrav Beach, FLo
Ie) Personal property ("Personalty") included: NJt,::,~
(d) Buyer shall pay cost of docurrentary stanps on deed, OY1I1er's title policy and recording
costs, Taxes shall be prorated to date of closing,
II. PURCHASE PRICE, ,
PA YMENT,
(a) Deposit(5) to be held in escrow by
,$ 40.000.00
in the amount of
,$
I
.
~
I
"
Ib) Subject to AND assumption of Mortgage in favor of
having an approximate present principal balance of , $
(c) Purchase money mortgage and note bearing interest at % on terms set forth herein below, in the
principal amount of . . . . . . . . . . . . . , . . . . . $
Id) Other $
(a) Balance to close, (U.S. cash, LOCALL Y DRAWN certified or cashier's check) subject to adjustments and prorations ,$ 40.000.00
Ill. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not axecuted by all parties, and the FACT OF EXECUTION communicated in writing
telegraphically between the parties on or before Fe.brlli=lTV 10. 1988 , the aforesaid deposit/s) shall be, at Option of Buyer, returned to Bu'
and the offer withdrawn and null and void. The date of Contract ("Effective Date") shall be the date when the last one of Seller and Buyer has signed this offer.
IV, FINANCING,
(a) If the purchase price or any part thereof is to be financed by a third partY loan, this Contract for Sale and Purchase ("Contract") is conditioned up
the Buyerobtaining a firm commitment for said loan Within_days from Effective Date, at an interest rate not to exceed %; term of
years; and in the principal amount of $ . Buyer will make application within_days from Effective Date, and use rea:iOnal
diligence to obtain said loan. Should Buyer fail to obtain same or to waive Buyer's rights hereunder within said time, either party may cancel Contract,
(b) The existing mortgage described in Paragraph I I (bl above has (CHECK (1) or (2)): (1) Oa variable interest rate OR (2) Oa fixed interest rate of__
per annum. At time of title transfer some fixed interest rates are Subject to increase. If increased, the rate shall not exceed % per annum. Sel
shall, within_ days from Effective Date, furnish a statement from all mortgagees stating principal balances, method of payment, interest rate <:
status of mortgages. If Buyer has agreed to assume a mortgage which requires approval of Buyer by the mortgagee for assumption, then Seller sl-
promptly Obtain and deliver to Buyer all required applications and Buyer shall diligently complete and return same to the mortgagee. Any mortga~
charge not to exceed $ shall be paid 1/2 by Seller and 1/2 by Buyer. If the Buyer is not accepted by mortgagee or the requiremel
for assumption are not in accordance with the terms of the Contract or mortgagee makes a charge in excess of the stated amount, Seller or Buyer m
rescind this Contract by prompt written notice to the other party unless either party elects to pay any increase in interest rate or excess mortgage char
The amount of any escrow deposits held by mortgagee shall.be credited to ~Ier et <tosing,
!3Uver er s
V. TITLE EVIDENCE: Within~days from Effective Date, SiKH shall, at expense, deliver to Buyer or Buyer's attorney, in accordance w
Standard A, (CHECK (1) or (2)): (1) 0 abstract of title OR (2) g;( title insurance commitment with fee owner's title policy premium to be paid by Seller at closi
VI. CLOSING DATE: This transaction shall beclosed and the deed and other closing papers delivered on the 1st day of April 19 ~, unl
extended by other provisions of the Contract.
VII. RESTR ICTlONS; EASEMENTS; LIMITATIONS: The Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed
governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements,
to be located contiguous to the Property lines and are not more than 10 feet in width as to the rear or front lines and 7~ feet in width as to the side Jines, unl
otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortQllges, if any; ot.her:
None ; provided, however, that thl
exists at closing no violation of the foregoing and same does not prevent use of the Property for purposel
VIII.OCCUPANCY: Seller represents that there are no parties in Occupancy other than Seller, but if Property is intended to be rented or occupied beyond closil
the fact and terms thereof shall be stated herein, and the tenant{s) shall be disclosed pursuant to Standard F. Sellar agrees to deliver occupancy of Property at tit
of closing unless otherwise stated herein. If occupancy is to be delivered prior to closing, Buyer assumes all risk of loss to Property and Personalty from date
occupancy. shall be responsible and liable for maintenance thereof from said date, and shall be deemed to have accepted the Property and Personalty in th
existing condition as of time of taking occupancy unless otherwise stated herein or in separate writing.
f
,
,
.
.
IX. ASSIGNABI LITY: (CHECK (1) or (2)): Buyer (1) Qg may anion OR f21 0 mllv not Bllian. Contrer.t
XII. SPECIAL. CLAUSES: (utilize space below}
..~.. 'v ...,,_v~ ~. ,,- ~"".~' ""." '_~'~c."....., ,..c. ",~"','"''''''" ,,,""" ~'H""";1O ""'''~''CU II1OI"lU "lfU "'OUI:: ~dl [r,,,reo,,
THIS IS INTENDED TO BE A LEGALLY BINDIN- ~DNTRACT.
IF NOT F' Y UNDERSTOOD, SEEK THE ADVICE OF AN Al ,NEY PRIOR TO SIGNING.
THIS FORM HAS BHN APPROVEO BY THE FLORIDA ASSOCIATION OF REALTORS ANO THE FLORIOA BAR.
Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a particular transaction. ref
and conditions should be negotiated based upon the respective interests, Objectives and bargaining Positions of a/l interested persons.
Copyright 1985 by The Florida Bar and the Florida Association of REALTORS, Inc.
-----------
-----------
WITNESSES; (Two recommended but NOT required)
Executed bY Buyer on
(Buyer)
(Buyer)
Executed by Seller on
WITNESSES: (Two recommended but NOT required)
~h.~~
VJn~ T.RR MURHY ISelle,)
~MOA'~C '-W\(1AJ\~
M", In, '-:Tr -',-:0,. - ft.ft".............JSeller)
L".J.:.""UU. .t:.i.!.J.L~:..o.t!i.!.!"1 ,Ly.:u!UU.'
Deposit(s' under Paragraph I I received; if other than cash, then subject to clearance.
By,
(Escrow Agent)
BROKER'S FEE' ICHECK & COMPLETE THE ONE APPLICABLE)
o IIF A LISTING AGREEMENT IS CURRENTLY IN EFFECn
Seller agrees to pay the Broker named below, including cooperating sub-agents named, according to the terms of an existing, separate listing agreement;
OR
o IIF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT),
Seller agrees to pay the Broker named below, at time of closing, from the disbursements of the proceeds of sale, compensation in the amount of (COMPL.E-
ONL. Y ONEl % of gross purchase price OR $ , for Broker's services in effecting the sale by finding a Buyer ready, willing and able
purchase puriuiiitto the foregoing Contract. In the event Buyer fails to perform and deposit(s) is retained, 50% thereof, but not exceeding the Broker's fee abo
provided, .hall be paid to the Broker, as full consideration for Broker's services including costs expended by Broker, and the balance shall be paid to Seifer. If t
transaction shall not be closed because of refusal or failure of Seller to perform, the Seller shall pay said fee in full to Broker on demand. In any litigation arisi
out of this Contract, concerning the Broker's fee, the prevailing party shall be entitled to recover reasonable attorney fees and costs,
(firm name of Broker)
By;
(authorized signatory)
(Seller)
(name of cooperating sub-agent)
SPECIAL CLAUSeS,
(Seller)
Rev. 1/85
modification 0' change in thi, Contract ,hall be valid or binding upon the partie, unless in ""'iting and executed by the party 0' pert ie, to be bound the,eby,
Rev. 1/85
[l1TY n~1rF <
", ;~ .YrUC~r~
CITY ATTORNEY'S or-
HEMORANDUM
Dat,e:
March 2, 1988
To:
Waltel- O. Barry, City Manager
From:
Jeffrey S. Kurtz, Assistant City Attorney
Subject: Acquisition of Lot 9, NICHOLS SECOND ADDITION
The Vasquezes, who are the owners of Lot 9, NICHOLS SECOND
ADDITION which is one of the Lots the City is seeking to
acquire near the Water Treatment Plant, have offered to sell us
their property at a purchase price of $95,000. The appraised
value of the property is $91,500 and in accordance with the
City Commission policy, the Vasquezes shall receive an addi-
tional $500 in moving expenses as the owners and tenants who
are on the property shall receive $1,500 towards their moving
costs,
It would be appreciated if you would p., - this item on an
upcoming agenda for acceptance by the City .:ommission, I have
attached copies of the contract and willL -, Doney's letter of
transmittal to our office for your referenc~.
If you should have any questions concerning this matter, please
do not hesitate to contact me.
JSK:sh
Attachments
ce: City Commission
Robert Pontek, Public Utilities Director
-7 {I'
j,/
__,\,JI
LAW OFFICES
~"-""l6~:
_J~S ,~~c
. ;.~. -:-. r ;T.:~' , ~",
c\~,,' , _.1 "
City ;:: i} ';1;1f
.JAMES W. VANCE
WILLIAM p, DONEY
JAMES W, VANCE, P,A,
SUITE 200. BARRISTERS BUILDING
1615 FORUM PLACE
WEST PALM BEACH, FLORIDA 33401
TELEPHONE
(305l684.5544
February 23, 1988
Jeffrey Kurtz, Esquire
Assistant City Attorney
City of Delray Beach
301 S,W. 1st Street
Delray Beach, Fl, 33483
RE: Vasquez Sale to City of Delray Beach
Lot 9, NICHOLS SECOND ADDITION
Dear Jeff:
Enclosed herewith please find the original of a
proposed Contract for Sale and Purchase concerning the
above referenced property, Please take whatever steps
are necessary to obtain approval by the C~ty Commission.
As you will note, closing is scheduled for April 29.
After the Contract is executed by the aDpropriate City
official, please return 3 copies to me ~r my files.
I also have enclosed a copy of a ,etter from
Associated Appraisers dated January 27, 1988 indicating
the appraised value of the property as Leing $91,000,00,
In addition to the contract purchase price, the City
will be paying relocation costs in the sum of $500,00
to the owner and $1,500.00 to a tenant on the property.
Please contact me if you have any questions or
comments concerning this matter.
WPD/pm
Encl.
cc: Bob pontek
Director of Utilities
Sinl~r~lJ1
2I~.
WILLIAM P. DONEY, Esqu e
!~ ~flTA t""'!..~OR .)~_~
iASE
PARTIES: ~~R\~ ~~~~~ ~"'r1 T,Fn1,;()R l/);nlTTR'Z hi" wi!'" ,!"Selle
of 3]9 S.\\'. 7th Street, Delray Beach, Floriaa 33444 (Phone 734-fi3n
and ~T'T'Y OF D1':r,RAY BEACH. FIDRfDA . ("Buye
of C'./n ,James IV. Vance. P,A.. 1615 Forum Place, Ste. 200, I'lest Palm Beach, FL (Phone 684-5544
hereby agree that the Seller shall sell and Buyer shall buy the following propertY ("Property") upon the following terms and conditions which INCLUDE
Standards For Real Estate Transactions set forth on the reverse side hereof or attached hereto ("Standard(s)").
I.
OESCR IPTION:
(a) Legal description of Property located in
Palm Beach
County. Florida:
Lot 9, KlGiOLS SECOND ADDITION TO DELRAY BEACH,
according to the plat thereof as recorded in
Plat Book 21, page 70, of the Public Records of
Palm Beach County, Florida,
(b) Street address, if any, of the Property being conveyed is
(c) Personal property ("PersonaltY") included: None
.y t'f~.d) SUecial Clauses: BU1'er shall pay costs of recording deed, docurrentary
/. i;, ~!'- t'l\_Ja i.nE';~ .c,:;l]J.ceo raxl,~s siic1lo&. De JLu:ca~el. to o.ore of Closing 0
--- -" P('~f"Z.:~ ""'$ I ~" a,\\ ci€u..r Pl'bU.Sll-nS 110+ If!'i~sht1'\J..4'I'\CJ
/ Q..l~ ~ Ipali. mO\';\I'\t{ I/..)(ft'7\W <.i-~ ~ I let'\<\.".
II. PURCHASE PRICE . ,..... '" .... ....... .... "
PAYMENT:
(a) Depositls) to be held in escrow by
319 S,W, 7th Street, Delrav Beach, Florida
33444
starrps and
,$ 95.000.00
in the amount of
.$
(b) Subject to AND assumption of Mortgage in favor of
having an approximate present principal balance of . $
(c) Purchase money mortgage and note bearing interest at__% on terms set forth her"in below, in the
principal amou nt of . . . . . $
Idl Other $
(e) Balance to close, (U,S, cash, LOCALLY DRAWN certified orcashier'scheck) subject to adju;~ments and prorations ,$ 9S. 000 _ 00
Ill. TIME FOR ACCEPTANCE; EFFECTIVE a~TE: If this offer is not executed by all parties. and the FACT OF EXECUTION communicated in writing
Ma.rc.l~ I
telegraphically between the parties on or before pae:rb1Q:....~~ IE:. 1988 , the aforesaid deposit(s) shall be, at option of Buyer, returned to Bu
and the offer withdrawn and nUll_and v~id. ~h~ da~ c:f Contract ("Effective Date") shall be the date when the last one of Seller and Buyer has signed this offer.
IV. FINANCING: /1/ / ~/?V"--_.
(a) If the purchase price 6r 'nf'1:la"rt thereof is to be financed by a third party loan, this Contract for Sale and Purchase ("Contract") is conditioned UJ:"
the Buyerobtaining a firm commitment for said loan Within_days from Effective Date, at an interest rate not to exceed %; term of
years; and in the principal amount of $ , Buyer will make application within_days from Effective Date, and use reasona
diligence to obtain said loan, Should Buyer fail to obtain same or to waive Buyer's rights hereunder within said time, either party may cancel Contract
I
i
j
,
(b) The existing mortgage described in Paragraph II(b) abov~ hilS (CHECK (1) or (2l): (1) Oa variable interest rate OR (2) oa fixed interest rateof
per annum. At time of title transfer some fixed interest rates are subject to increase, If increased, the rate shall not exceed % per annum, Sel
shall, within days from Effective Date, furnish a statement from all mortgagees stating principal balances, method of payment, interest rate,
status of m~. If Buyer has agreed to assume a mortgage which requires approval of Buyer by the mortgagee for assumption, then Seller sl"
promptly obtain and deliver to Buyer all required applications and Buyer shall diligently complete and return same to the mortgagee. Any mortga.
charge not to exceed $ shall be paid 1/2 by Seller and 1/2 by Buyer. If the Buyer is not accepted by mortgagee or the requireme
for assumption are not in accordance with the terms of the Contract or mortgagee makes a charge in excess of thtl stated amount, Seller or Buyer Il'
rescind this Contract by prompt written notice to the other party unless either party elects to pay any increase in interest rate or excess mortgage char
The amount of any escrow deposits held by mortgagee shall be credited to Seller at closing.
V. TITLE EVIDENCE: Within~days from Effective Date, ~en.all, at~:~pense, deliver to Buyer or Buyer's attorney, in accordance.....
Standard A, (CHECK (1) or {2)}: {fTOabstract of title OR (2l:XJ title insurance commitment with fee owner's title pOlicy premium to be paid by~t closl
VI. CLOSING DATE: Thistransactionshallbe910sedandthedeedandotherclosingpapersdeliveredonthe ~m day of ~l 19 ~6e~uni
<!jlF.n.dedbY~erpmv;,.ons,of'f'C.ont"ct. ~lle..... 'IY\~ e.X~ do",,"";j bl{ 30~ '^1'OI1 "~,,,,='./Q ct~
VII.AESTRll':ro;.s; b:SEM~ LIMITATIONS: The Buyer shall take title subject to. zon;n9. restr;ct;ons. prOhibitions and oth" requ;rements ;mpo"d
governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements
to be located contiguous to the Property lines and are not more than 10 feet in width as to the rear or front lines and 714 feet in width as to the side lines, un
otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; ot.her:
; provided, however, that th
exists at closing no violation of the foregoing and same does not prevent use of the Property for purpose
VI II. OCCUPANCY: Seller represents that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closi
the fact and terms thereof shall be statad herein, and the tenant(s) shall be disclosed pursuant to Standard F, Seller agrees to deliver Occupancy of Property at t.
of closing unless otherwise stated herein, If Occupancy is to be delivered prior to closing, Buyer assumes all risk of loss to Property and Personalty from date
occupancy, shall be responsible and liable for maintenance thereof from said date, and shall be deemed to have accepted the Property and Personalty in tr
existing condition as of time of taking occupancy unless otherwise stated herein or in separate writing.
"
!
,
,
.
.
WITNESSES; (Two recommended but NOT "wired)
Executed by Buyer on
CITY OF DELRAY BEduyed
WITNESSES: (Two recommended but NOT required)
(Buyer)
/ '
Executed by Seller on~~..iLA- .-.D-
/v -<)__ ~
.r
/ '
, ~ -t 0..."u-<~/ ffs~l
4- ~~Z Sell -)/
LOONOR VASQUEZ ~ <6>,,~L:'}<A
A_.~
,tj ~ ,;&.:Q~e',-
Deposit(s) under Peragraph II received; if other than cash, then Subject to clearance,
By:
(Escrow Agent)
BROKER'S FEE: (CHECK & COMPLETE THE ONE APPLlCABLEI
o (IF A LISTING AGREEMENT IS CURRENTLY IN EFFECT!:
Seller agrees to pay the Broker named below, including cooperating sub-agems named, according to the terms of an existing, separate listing agreement;
OR
o !iF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT):
Seller agrees to pay the Broker named below, at time of closing, from the disbursements of the proceeds of sale, compensation in the amount of (COMPLE-
ONLY ONEJ_% of gross purchase price OR $ , for Broker's services in effecting the sale by finding a Buyer ready, willing and able
purchase pursuant to the foregoing Contract. In the event Buyer fails to perform and deposit(s) is retained, 50% thereof, but not exceeding the Broker's fee sbe
provided, shall be paid to the Broker, as full consideration for Broker's services including Costs expended by Broker, and the balance shall be paid to Seller. If t
transaction shall nOt be closed because of refusal or failure of Seller to perform, the Seller shall pay said fee in full to Broker on demand. In any litigation arisi
out of this Contract, concerning the Broker's fee, the prevailing party shall be entitled to recover reasonable attorney fees and costs.
l'.UJE
(firm name of Broker)
By;
(authorized signatory J
_(Seller)
(name of cooperating sub-agent)
SPECIALCL~
(Seller)
Rev. 1/85
Contract shall bind and inure to the benefit of the parties hareto end their successors in interest, Whenever the context permits, singular shall include plural and
gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to said party.
U. CONVEYANCE: Seller shall convey title to the Property by statutory warranty, trustee, personal representative or guardian deed, as appropriate to
status of Seller, subjeCt only to matters contained in Paragraph VII hereof and those otherwise accepted by Buyer. Personalty shall, at request of Buyer, be conve
by an absolute bill of sale with warranty of title, subject to such matters as may be otherwise provided for herein,
V. OTHER AGREEMENTS; No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract
modification or Change in this Contract shall be valid or binding upon the parties unless In writing and executed by the party or parties to be bound thereby.
Rev. 1/85
[ITY DF DELAAY BEA[H
:c';'J::-
[)t.Li~i\ y i:3t::':'i~,";:'LOHIDA JJ444
:]O:j,24J-,'GU(1
MEMORANDUM
TO:
City Commissioners
, =./7 /
,tl t--/--Y'
FROM:
Walter O. Barry, City Manager
SUBJECT: DELRAY BEACH HUMAN RELATIONS COMMITTEE -
APPOINTMENTS
DATE: March 18, 1988
The Human Relations Committee consists of fourteen (14)
persons each appointed for two terms. Members are appointed
by a combination of the Commission (4), the Nacarima (3),
NAACP (3) and the Greater Delray Beach Chamber of Commerce
(3). The Chamber of Commerce has recommer,ded the following
two year appointments:
Mark Little, 375 N.E. 3rd Street
Rusty Russillo, 240 N.E. 2nd Avenue
Tom Patterson, 5200 West Atlantic Avenue
These appointments fill two vacancies which presently exist
and replace one member, Carolyn Cunninghah. who did not wish
to be considered.
Recommend ratification of three Chamber of Commerce appoint-
ments to the Delray Beach Human Relations Committee to terms
ending March 15, 1990.
WOB:sk
3D
MATE"
[ITY DF DElAAY BEA[H
~'l_,~,\ r lJ:: ^'< < H ,_:')h ~-:',:. J,'C<-4'-1
),1., 'c.)\)
MEMORANDUM
TO:
City Commissioners
/
Manager ~'-' 1'2"..,~
FROM:
Walter O. Barry, City
SUBJECT: DELRAY BEACH HUMAN RELATIONS COMMITTEE -
APPOINTMENT
DATE: March 18, 1988
The Human Relations Committee consists of fourteen (14)
members appointed from groups identified in the previous
agenda item (#30). At this time, the terms of Willy J.
Spi vey, Annetta Baldwin and Clifford Durden have expired.
Each of these members is eligible and seek reappointment.
Recommend ratification of three NAACP appointments to the
Delray Beach Human Relations Committee to terms ending March
15, 1990.
WOB:sk
31
rvl ~ ~ ~',,;;
[ITY DF DELRAY BER[H
MEMORANDUM
TO:
City Commission
/
FROM:
, -/
Walter O. Barry, City Manager l,-1'//~~/
DELRAY BEACH HUMAN RELATIONS COMMITTEE -
APPOINTMENT
SUBJECT:
DATE:
March 18, 1988
The Human Relations Committee consists of fourteen (14)
members appointed from groups identifiec in the previous
agenda items (#30 and #31). Board membu Jeanette Slavin
was appointed by Commissioner Richard Dougherty for a two
year term which expired March 15, 1988. Ms. Slavin requests
reappointment and Commissioner Dougherty recommends her to
the Human Relations Committee.
Recommend appointment of Commissioner Richard Dougherty I s
nominee to the Human Relations Committee, Ms, Jeanette
Slavin for a two year term which expires Mcrch 15, 1990,
WOB:sk
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[ITV DF DElAAV BEA[H
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MEMORANDUM
TO:
City Commissioners
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FROM:
Walter O. Barry, City Manager t,,<(?-
SUBJECT: BOARD OF ADJUSTMENT - APPOINTMENT
DATE: March 18, 1988
The Board of Adjustment consists of five regular members,
each appointed for three year terms. Alvero Vera is pres-
ently serving as a member of the Board of Adjustment and
seeks reappointment to an additional three year term.
Recommend reappointment of Alvero Vera to the Board of
Adjustment for a three year term ending March 15, 1991.
WOB:sk
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33
[ITY DF DELRAY BEA[H
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MEMORANDUM
TO:
City Conunission
ManagerC",/ \)/~/
APPEALS - APPOINTMENT
FROM:
Walter 0, Barry, City
SUBJECT:
BOARD OF CONSTRUCTION
DATE:
March 18, 1988
The Board of Construction Appeals consists of nine (9)
members, each of whom serve two year terms and represent
various occupation groups required on the Board itself,
The terms of Patrick Keen, Master Electrician; Del Swilley,
General Contractor; and Paul Myers, Master Plumber have ex-
pired. Each of these members is eligible for and seek re-
appointment,
Reconunend appointment of Patrick Keen, McC~
Del Swilley, General Contractor and Paul
Plumber for appointment to the Board of (
for two year terms ending January 8, 1991
Electrician;
, Master
uction Appeals
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[Iry DF DElRAY BEH'[H
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MEMORANDUM
TO:
City Commission
Walter O. Barry, City Managerl~'
1'-(),~ /
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FROM:
SUBJECT:
BOARD OF CONSTRUCTION APPEALS - APPOINTMENT
DATE:
March 18, 1988
The Board of Construction Appeals consists of nine (9)
members, each of whom serve two year terms and represent
various occupation groups required on the Board itself.
The terms of Patrick Keen, Master Electr]~cian; Del Swilley,
General Contractor; and Paul Myers, Master Plumber have ex-
pired, Each of these members is eligible for and seek re-
appointment,
Recommend a[
Del Swilley,
Plumber for
for two yea1
)intment of Patrick Keen, Master Electrician;
;eneral Contractor and Paul Myers, Master
)pointment to the Board of Construction Appeals
cerms ending January 8, 1990.
WOB:sk
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FROM
Walter O. Barry, city Manager
Robert A. Barcinski, Asst. city Manager~
Ted Glas, Purchasing Director
[ITY DF
D~LRAY HEAlH
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OEPARTMF:NTAL
CORRESPO..JDENCE
TO
THROUGH:
Co-op Liquid chlorine Bid
3-07-88
Of,T::
SUBJECT
The City of Boca Raton, Florida, purchasing Department is lead
organization for the Cooperative Bid on Liquid Chlorine.
They received and opened formal bids on February 9, 1988 at 3:00
P.M. At that time three (3) vendors responded with bids.
A Tabulation of Bids is attached for your review,
The Palm Beach county cooperative purchasing Group met on
February 29, 1988 and voted to recommend the award of the
low bidder, Jones Chemicals. This recommendation has the
concurrence of the City of Delray Beach utilities Department,
Recommendation is as follows:
Award to: Jones Chemicals
PRODUCT
UNI'l' COST
Chlorine - 1 Ton cylinder
Chlorine - 150 lb. cylinder
Hichlon - 100 lb. drum
333,00
4::,00
88.45
This new bid reflects a 4% reduction in chlorine COgt from the
last contract.
The estimated annual total cost for ch.orine is $125,000.00 and
is budgeted in Public Utilities Accoun: 4441-5122-536-35,15.
Attachment: (1)
Tabulation of Bids
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CM 362
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