04-12-88 Regular
CITY OF DELRAY BEACH
REGULAR MEETING - CITY COMMISSION
APRIL 12, 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
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. The City
does not provide or prepare such record.
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Proclamations
a. Week of the Young Child - April 10-16, 1988.
b. Victims Rights Week - April 17-23, 1988.
c. Soil and Water Stewardship Week - April 24-30, 1988.
d. Israel Independence Day - April 24, 1988.
e. Red Ribbon Week - May 9-13, 1988.
PUBLIC HEARINGS
5. ORDINANCE NO. 4-88: An Ordinance establishing height regulations
throughout the City.
6. ORDINANCE NO. 10-88: An Ordinance annexing the former Germantown
right-of-way and establishing a SC (Specialized Commercial) zoning
designation to property owned by William L. Wallace.
DISCUSSION ITEMS
7. Presentation by CSX Railroad Relative to Speed Increase (Edwin
Radson, DOT).
8. Agenda approval.
Action: Motion to approve.
REGULAR AGENDA
9. ORDINANCE NO. 18-88: (First Reading) An Ordinance amending Chapter
2 "Administration" relative to designation of of municipal departments
by the City Manager.
10. ORDINANCE NO. 19-88: (First Reading) A Land Use Plan Amendment
changing the zoning on 2.7 acres north of Holiday Inn Camino Real.
11. ORDINANCE NOS. 20-88, 21-88, 22-88, 23-88, 24-88 (First Reading)
relative to development and/or expansion of fire facilities on the
beach side.
12. CONDITIONAL USE
conditional use permit
a child care center at
PERMIT REQUEST (CU 6-231): Requesting
and approval of a site plan for establishment
N. W. 2nd Street and N. W. 6th Avenue.
a
of
13. CONDITIONAL USE CU 6-232: Requesting a conditional use permit and
approval of a site plan for the Dr. Kerry Lane A.C.L.F. located at the
northwest corner of N. E. 7th Street and N. E. 8th Avenue.
14. COMMISSION ACTION RE: Clinton-Morgan Subdivision Final Plat and
Appeal of a fire hydrant requirement.
15. COMMISSION ACTION RE: Site Plan Approval - Linton Office Center,
DelPalm Joint Venture, located at the southwest corner of I-95 and
Linton Boulevard.
16. COMMISSION ACTION RE: Petition by Anthony Williams for sale of
proerty at N. W. 9th Avenue and West Atlantic Avenue.
CONSENT AGENDA
17. COMMISSION ACTION RE: Final Plat
Industrial Development on the west side of
Atlantic Avenue and the L-32 Canal.
Approval
Congress
Yu
Avenue
Brothers
between
18. COMMISSION ACTION RE: Site Plan Approval - Delray (Linton Manor
A.C.L.F. located east of the County Mental Health Facility on Military
4rail.
19. COMMISSION ACTION RE: Offer of Settlement - Anderson v. City of
Delray Beach, et al.
20. SOLICITATION PERMIT - VFW Post 4141.
21. COMMISSION ACTION RE: Abandonment of drainage easements in
Fairways of Delray, Lots 22 and 23.
22. RESOLUTION NO. 20-88: A
abatement action required to remove
41 N. W. 3rd Avenue.
Resolution
an unsafe
assessing costs for
building on property at
23. RESOLUTION
action required
2nd Street.
NO. 21-88: A Resolution assessing costs for abatement
to remove an unsafe building on property at 622 N. W.
24. RESOLUTION NO. 22-88: A Resolution assessing costs for abating
nuisances by removing junked and/or abandoned vehicles from 13 parcels
at various locations throughout the City.
25. RESOLUTION NO. 23-88: A Resolution assessing costs for abating
nuisances on 70 parcels of property at various locations throughout the
City.
26. COMMISSION ACTION RE: Awards of Bids and Contracts.
A. Human Affairs International for Employee Assistance Program
Services - $14,700 estimated.
B. Edwin and Marilyn Bianca Variance - Purchase of Lot 1, Nichols
Second Addition for Water Plant Expansion - $96,000.
PROCEDURAL ITEMS
27. Comments and Inquiries on Non-Agenda Items by Citizens.
28. Approval of minutes of Regular Meeting of March 23, 1988 and
Special Meetings of March 15, 1988 and March 31, 1988.
29. Comments and Inquiries on Non-Agenda Items:
A. Commission.
B. City Attorney.
C. City Manager.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA REPORT - MEETING OF APRIL 12, 1988
DATE: April 8, 1988
PUBLIC HEARINGS
Item No.5 Ordinance 4-88. This is a. Public Hearing and Second
Reading of an Ordinance establishing height regulations throughout the
City. The Ordinance amends height regulations in each zoning district
maintaining the 60 foot height limitation. The overlay allows for
buildings to be constructed up to 60 feet with the conditional use.
The areas of the City in
would be applied are in
generally as follows:
which the existing 60 foot height regulation
Ordinance No. 4-88 on page 12 and are
Area "A"- all property located east of Congress Avenue and west
of I-95.
Area "B"- the property encompassed by the Delint DRI (note
amendment prepared below); along with property located west of
S.W 10th Avenue, south of Linton Boulevard, and east of I-95.
Area "C"- the property encompassed by the boundary of Linton
Boulevard, Germantown Road, S.W. 10th Street, and I-95.
Area "D"- the property either
S.W. 1st Street and N.W. 1st
Swinton Avenue.
side of Atlantic Avenue , between
Street, extending from I-95 to
Area "EII_
Railroad,
by Allen
boundaries,
City.
the property encompassed on the west by the F.E.C.
on the east by the Intracostal Waterway, on the south
Avenue extended to said easterly and westerly
and on the north to the northernmost boundary of the
Area "F" - the property located between the one-way pair system
of Federal Highway (5th and 6th Avenues).
Area "G" - the
extending two
right-of-way,
property on either side of Linton Boulevard,
hundred feet (200') north and south of its ultimate
extending from I-95 to Dixie Highway.
Area "H"- the area
F.E.C. Railroad on
and Swinton Avenue
west.
bounded by Linton Boulevard on the south, the
the east, the combination of Southridge Road
on the north, and S.W. 4th Avenue on the
Area "I" - all property within the CBD (Central Business)
District.
Area "J"- the property
north, Federal Highway on
and the City limits on the
encompassed
the east,
south.
by Lindell Boulevard on the
Dixie Highway on the west,
Following initial presentation of the height ordinance and including
discussion at your April 5th workshop, several amendments are
proposed. The Ordinance as written had implied in Section 3l(A) (1),
that a variety of rooftop or non building usages could exceed the 60
foot height limitation without approval of the City Commission. An
AGENDA REPORT
Meeting of April 12, 1988
amendment to the Ordinance at the end of that section adding the
language "however any part of any structure or any part of any item
listed in this subsection shall not extend above the height of sixty
four feet (64') unless specifically approved by action of the City
Commission". will eliminate that question.
Previously the Community Redevelopment Agency had requested that the
Central Business District be treated in a manner consistent with other
commercial areas. This was discussed and concurred with by the
Commission previously. This can be accomplished by deleting the last
five words of Section 30-l7-(A)-(2) (b)-(3) "except as provided for
herein" changing the preceding comma to a colon. This language is
located on page 13 of the proposed Ordinance. On the following page
14, under subsection (iii) delete the sentence "this provision (iii)
shall apply on properties zoned CBD (Central Business District)".
There was a discussion about deleting Water ford Village from the
geographic description area "B". Although exceeding a maximum height
of 48 feet for residential structures is prohibited it was felt that
in order to be safe a modification of area "B" would be advisable.
Thus Section 30-17-(A)-(2)-(b)-(1) of the proposed Ordinance should be
amended to read "Area B - the property encompassed by the Delint DRI
with the exception of that portion platted as "Water ford Village";
along with property located west of S. W. lOth Avenue, south of Linton
Boulevard, and east of I-95".
Finally discussion occurred regarding application of SAD zone
districts as they relate to the 60 foot height limitation. It was the
consensus that the potential for treating a 60 foot height limit for
uses which require application of SAD zoning should be limited to
areas within the 60 foot overlay district(s) rather than being allowed
anywhere in the City that an SAD designation was applied. This can be
accomplished amending Section 31 of the Ordinance on page 14, Section
30-l7-(A)-(2)-(c) with modification of the first sentence as follows
"for special uses which could only be properly accommodated to the use
of the SAD (Special Activities District), the height limitations as
set forth in this section shall not apply provided that the SAD falls
within one of the geographic areas described in Section
30-l7-(A)-(2)-(b)-(1)".
Recommend approval of
code with respect to
foot overlay district
Ordinance 4-88 as amended, amending the zoninq
buildinq height limitations by providing a 60
in certain areas of the City.
Item No. 6 (Ordinance No. 10-88). This is a Second Reading of an
Ordinance annexing the former Germantown right-of-way and establishing
a SC (Specialized Commercial) zoning designation to property owned by
William L. Wallace owner of Wallace Ford. This action is part of an
earlier public-private land transaction in which Mr. Wallace provided
right-of-way for re-alignment of Germantown Road at its present
intersection at Linton Boulevard and constructed the re-aligned street
section. The former Germantown right-of-way was deeded to Wallace by
the County. The annexed property will become part of the Wallace Ford
display area. This item was approved on First Reading by the City
Commission on March 8th.
Planning and Zoning Board conducted a hearing at its February 22nd
meeting which generated no public comment. The Board voted
unanimously to forward the request with a favorable recommendation.
The property is located in enclave 35. This specific property will
receive a level of service for an "A" it will cost the City. Water
and sewer is available. The annexation meets those standards for
rezoning requests which apply to this property. There are details in
the agenda packet.
Recommend approval of Ordinance
No.
10-88 annexing the former
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AGENDA REPORT
Meeting of April 12, 1988
Germantown right-of-way to the City with initial zoning of SC
(Specialized Commercial).
DISCUSSION ITEMS
Item No. 7 Presentation by CSX Railroad regarding speed limit
increase. A representative from the Florida Department of
Transportation, Ed Radson, will be present to discuss a forthcoming
request to increase the speed limit along the CSX Railroad tracks from
approximately just south of Lake Ida Road north to out City limits.
The speed limit is presently 70 miles an hour in that stretch of
track. A request will be coming to increase the speed limit to 79
miles per hour.
The increase in speed is being requested in conjunction with the
commuter rail system which begin operation in late 1988 or early 1989.
A Public Hearing will be scheduled for input at which time the City's
position may be formally presented. This presentation is for
information only to obtain initial comment and respond to questions
from the Commission.
Item No. 8 Agenda approval.
REGULAR AGENDA
Item No. 9 Ordinance No. 18-88. This is the First Reading of an
Ordinance to provide flexibility in the manner in which departments of
the City are established or retitled. It will facilitate the
reorganization of City administrative departments into three major
groupings and comply with language in various administrative and code
sections which is currently underway.
The reorganization consists of the establishment of a Management
Services Group, Development Services Group and Community Services
Group, each of which contain multiple departments with similar
functions and responsibilities. The reorganizations will allow for
closer coordination of like activities within the City, encourage
intradepartmental coordination and cooperation, and streamlining
and decentralizing the decision making.
It is proposed that each of the groups of departments will be headed
by an assistant city manager level staff member. The Management
Services Group has been established and is headed by Assistant City
Manager Bob Barcinski. I propose to replace the presently vacant
position of Director of Development and Inspections with a position,
Director of Development Services. In addition an Assistant City
Manager for Community Services is proposed in lieu of the vacant
position presently titled Director of Public Works. The Assistant
City Manager position was approved in the current year budget but not
funded. No additional funding will be required for this or the
Development Director position.
Recommend approval of Ordinance No. 18-88 providing
departments of the City should be designated by the
pursuant to Municipal Code Section 4.04 through 4.06.
Item No. 10 Ordinance No. 19-88. This is a Land Use Plan Amendment
changing the zoning on 2.7 acres north of Holiday Inn Camino Real from
MF-15 to C. Expansion of the Holiday Inn has been recognized as
desirable by the City for sometime. To that end a land transaction
was initiated whereby City-owned property immediately north of the
Holiday Inn presently used as a parking lot would be traded for a 58
foot strip of land extending from AlA to Andrews at the north end of
the vacant tract. The Land Use map of our Community Redevelopment
plan specifically designated the vacant land north of the Holiday Inn
that municipal
City Manager
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AGENDA REPORT
Meeting of April 12, 1988
as Commercial so that an expansion could be accommodated. Ocean
Properties requested the City to undertake administrative actions
necessary to have a similar designation placed on the City's Land Use
map however those changes were not initiated until early this year.
This item will be considered at the Planning & Zoning Board special
meeting on April 11th. It is related to a subsequent discussion which
will follow regarding location of beachside fire station. In any case
howeverl, the Land Use Plan Amendment should be processed in order to
accomp1ish the planned expansion of the hotel allowing the additional
parking or other community facility usage to be put in place at the
north end of the tract.
Recommend approval of Ordinance No. 19-88 Map amendment on 2.7 acres
north of the Camino Real Holiday Inn changing the designation from
MF-15 to C pending action by the Planning and Zoning Board.
Item No. 11. Ordinance Nos. 20-88, 21-88, 22-88, 23-88, 24-88.
These five Ordinances are proposed for First Reading and advertisement
for Public Hearing at your April 26th meeting. They relate to the
development and/or expansion of fire facilities on the beach side at
either Miramar and venetian (20-88, 21-88, 22-88); the north end of
the vacant tract along Andrews (23-88 and 24-88); or at our existing
Fire facility expanded northward to accommodate fire staff needs which
can be accommodated by Ordinances 23-88 and 24-88 as well.
It goes without saying this issue becomes very complex from a land
transaction/zoning/legal advertising point of view as well as from a
policy point of view. Residents of the Venetian-Miramar site have
voiced strong opposition to pursuing location of the fire station at
that site. This had been intended originally when the land was
purchased in the early 1970s following a bond issue passed for that
purpose. Conversely those residents in the area closer to the Andrews
Avenue location have voiced strong opposition to expansion of the fire
house at either it's present location or at the northern boundary of
the vacant tract of land along Andrews. Essentially they are saying
we have had the fire station long enough and now it's somebody elses
turn.
Depending upon which location is selected, beach access parking will
be affected. The land transaction originally contemplated without
regard to fire station location involved a significant increase in
available beach parking north of Atlantic Avenue and north of it's
present location. The City has had a recognized deficit in beach
parking along the north beach area.
Another complication is the corporate position of the Holiday Inn
Camino Real. They are amenable to working with the City to
accommodate our needs but at the same time are desirous of
implementing their expansion program. If we were to request and/or
condemn a significant amount of property at the north end of the
Andrews tract, the Holiday Inn would have to rethink their expansion
program and other beneficial changes they anticipate.
A third consideration is the locational analysis conducted by the Fire
Department staff. They have reviewed the locations, the present needs
of the Fire Department, and the future needs of the City and have
recommended a facility which requires a footprint of a size that makes
the Venetian and Miramar site more appealing.
The City staff position is evolving but I am not prepared to make a
recommendation at this time. The recommendation will be based on a
balance to be developed following the Public Hearing Monday evening at
which time public comment will be considered; the need to maintain and
make available beach side parking for non-beach side residents of the
City and others who utilize our renourished beach accomplished with
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AGENDA REPORT
Meeting of April 12, 1988
City and others who utilize our renourished beach accomplished with
significant inter-governmental funds; the professional recommendations
of our Fire staff who are responsible for anticipating the needs of
the City now and into the future; the bond covenants which provide the
funding for acquisition of the Miramar-Venetian site; and neighborhood
access, noise, and other environmental impacts.
In order to expedite consideration of this decision and to assure that
the land transaction between the City and Ocean Properties is
consummated in a timely manner, I propose that each of the Ordinances
prepared be adopted on First Reading so that formal public comment can
be heard at your April 26th meeting. In that regard I also propose
that a special notice be sent to property owners within 500 feet of
the affected properties. While sufficient notice has been given as
required by law for the Planning & Zoning Board's Public Hearing, I
believe it would be prudent to provide additional formal notice that
these items are being considered for final action by the City
Commission. The law does not require such notice when the City is
rezoning public property and it is a policy decision as to whether or
not the City desires to give the type of notice required by Statute
and rezoning private property. I have discussed this with staff of
the City Attorney's office, the City Clerk and the Planning Director.
We concur that individual letters sent to owners of property within
500 feet of the City on land to be rezoned would be a prudent step and
would not be inconsistent with State Statute.
Recommend approval on First Reading of
22-88, 23-88 and 24-88 and that the City
special notice to property owners within
owned land to be affected by the proposed
City Commission.
Ordinance Nos. 20-88, 21-88,
Commission provide a 10 day
500 feet of the publicly
rezoning actions before the
Item No. 12 Conditional Use CU 6-231. Edward and Gloria Sutton owners
representing themselves have requested a conditional use permit and
approval of a site plan for establishment of a child care center at N.
W. 2nd Street and N. W. 6th Avenue. The proposal contemplates
conversion of an existing 1,076 square foot single family home on a
10,701 square foot lot for use as a day care facility to be known as
"Honey Bee's Nap and Lap".
Planning & Zoning Board considered this conditional use request and
site plan at their March 21st meeting and recommend approval subject
to the following stipulations:
A. If the property was not a lot of record prior to 1973,
platting will be required.
B. Increase the width of an existing south driveway onto N. W.
2nd Street to 13 feet.
C. Add a note to the spec plan indicating an existing carport
will be used as a drop-off and pickup ~rea.
D. Change general note #2 on the
irrigation will be with water other
9-378(B) of the Landscape Code.
site plan to read "all
than City water per Section
Recommend approval of Conditional Use CU
and Laps Day Care Facility and approval
subject to stipulations cited above.
6-231
of the
for Honey Bee's Naps
attendant site plan
Item No. 13 Conditional Use (CU 6-232) Kerry Lane (MD) represented by
Digby Bridges Marsh and Associates have requested a conditional use
permit and approval of a site plan for the Dr. Kerry Lane A.C.L.F.
(Adult Congregate Living Facility) to be located at the northwest
corner of N. E. 7th Street and N. E. 8th Avenue. The intended use
- 5 -
AGENDA REPORT
Meeting of April 12, 1988
proposes conversion of an
an A.C.L.F. The Community
building modifications and
existing apartment building and duplex into
Appearance Board has approved the external
landscaping.
The Planning & Zoning Board considered
and site plan at their meeting on March
subject to the following stipulations:
A. Applicant to replat the property and dedicate five additional
right-of-way feet for N. E. 8th Avenue for a total of 25 feet
from center-line.
this conditional use request
21st and recommended approval
B. A detail showing patio
partial fulfillment of the
30-17 (T) (2) (e) must be added
amenities, tables and
outdoor amenities required
to the site plan.
chairs, in
in Section
C. Catch basins must be constructed at both ends of the
ex-filtration system.
D. The applicant
construction plans
the right-of-way,
parking, installation
sodding, etc.
must submit, to the Engineering Department,
for all proposed improvements to occur within
including, removal of existing back-out
of sidewalks, drive-way connections and
E. Add a note to the site plan and remodeling plans requiring the
removal of stoves from existing units.
F. The fence line along the north border of this site must be
replaced or must be (i.e. painted, repaired) and hedging provided
inside the fence line around the patio/shuffleboard area.
G. Proposed hedges along N. W.
are required to be placed along
required 5' landscape strip.
8th
the
Avenue and N. E. 7th Street
interior perimeter of the
H. A note must be added to the site plan of intent to Chapter
4A-40,F.A.C. "Minimum Fire Safety Standards for ACLF's".
The attached Planning & Zoning Board staff report provides full
background on this conditional use request.
Recommend approval of conditional use
Kerry Lane A.C.L.F. and approval of
stipulations cited above.
Item No. 14 Clinton-Morgan Subdivision Final Plat and Appeal of a Fire
Hydrant Requirement. Rubin Clinton owner represented by Daniel Morgan
agent proposes the subdivision of a .81 acre R-lA lot for development
of four single family homes. The Planning & Zoning Board gave
preliminary plat approval at its February 22nd meeting subject to
several stipulations, one of which was that the subdivider install a
fire hydrant at a location acceptable to the Fire Chief.
request CU 6-232 for the Dr.
an attendant site plan subject to
This stipulation is on appeal to the City Commission as final plat
approval is considered.
I have reviewed the requirement and reviewed the location of the
subdivision which is located between 2nd and 3rd Streets on 5th
Avenue. Based on my analysis and in further discussion with the Fire
Chief I believe the appeal should be granted and that the requirement
for installation of a fire hydrant should be waived.
There are presently
and at 2nd Street
feet. The Fire
fire hydrants located at 3rd Street and 5th Avenue
and 5th Avenue a distance of approximately 650
Department prefers hydrants to be located
- 6 -
AGENDA REPORT
Meeting of April 12, 1988
approximately 250 feet apart. The effect of requiring an additional
fire hydrant would be to place three fire hydrants within a 650 foot
stretch which may provide for greater water delivery than would be
required for this residential area.
Recommend approval of a
and grant an appeal by
install a fire hydrant.
Item No. 15 Site Plan Approval - Linton Office Center. DelPalm Joint
Venture developed by Ocean Properties and represented by Currie
Schneider, Associates have requested site plan approval for an office
center located at the southeast corner of I- 95 and Linton Boulevard.
final plat for the Clinton-Morgan Subdivision
the developer waiving requirement for him to
Planning & Zoning Board recommended approval of the site plan at its
meeting of November 16, 1987 subject to certain stipulations and the
Community Appearance Board approved elevations and landscaping plans.
This item has been before the City Commission in December 1987.
Action at that time was deferred pending the Linton Office Center
receiving variances in height and setback from the Board of
Adjustment. These variances necessary to allow the project to proceed
were granted by the Board of Adjustment on March 24th. The Planning &
Zoning Board approval was based upon findings of compliance with the
site plan review standards and that inclusion of the teller building
as part of the office building is acceptable subject to the following
stipulations:
A. A replat of Parcell, Linton Center, is required to address
the items discussed in the Planning & Zoning Board's staff report
(11-16-87) which was prepared for consideration of the site plan.
B. Site plan approval shall not become valid until such time as a
preliminary subdivision plat approval is granted by the Planning
& Zoning Board for the replatting of Parcell, Linton Center; and
conversely, this tentative approval shall be valid for a period
of one year in which the preliminary plat must be submitted and
approved.
C. Once this site plan becomes valid, it shall remain valid for
a period of eighteen months per Section 30-22-E.
D. An outstanding water repayment fee of $75,000 be paid prior
to action on the required plat.
E. Fees shall be collected pursuant to the City's Roadway Trust
and Linton Boulevard Beautification programs.
F. Project
intersection
activities.
to
with
provide
Linton
signalization
commensurate
of the new entry
with construction
Recommend site plan approval for the proposed Linton Office Center
project at I-95 and Linton subject to stipulations cited above.
Item No. 16 Petition by Anthony Williams for Sale of Property. Mr. A.
C. "Tony" Williams has requested an opportunity to present an item to
the City Commission. Mr. Williams would like to offer for sale all or
part of his property at N. W. 9th Avenue and West Atlantic Avenue.
This item was initiated by the Engineering Department which, when
reviewing building plans for construction of a small store, suggested
that the City may be interested in acquiring a portion of the SUbject
property to align N. W. 9th Avenue. Upon discussing that possibility
it was determined that N. W. 9th Avenue would not benefit greatly from
this realignment and that in fact it may have potential for vacation
and abandonment should an appropriate development proposal arise in
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AGENDA REPORT
Meeting of April 12, 1988
the future. With this in mind, I broached the possibility of sale of
the property with Mr. Williams and discussed it with the Executive
Director of the Community Redevelopment Agency. The Commission, at
your March 8th meeting authorized City staff to negotiate for
acquisition of the property. Mr. Williams now seeks Commission
review of staff's decision not to make an offer to purchase the
property at N. W. 9th Avenue and Atlantic Avenue
Recommend City Commission not pursue purchase of property at N. W. 9th
Avenue and Atlantic Avenue.
CONSENT AGENDA
Item No. 17 Final Plat Approval - Yu Brothers Industrial Development.
This item is implementation of a condition of approval which was
before the City Commission in May 1987. At that time the Yu Brothers
Food Distribution Facility site plan was approved on the west side of
Congress Avenue between Atlantic Avenue and the L-32 Canal. The site
plan included a 22,326 square foot wholesale sales office and
distribution facility. All conditions of approval have now been
complied with as a result of this final plat which is a boundary plat
to comply with technical requirements.
Recommend approval of the final plat
Development located on the west side
Atlantic Avenue and the L-32 Canal.
for
of
Yu Brothers Industrial
Congress Avenue between
Item No. 18 Site Plan Approval - Delray (Linton Manor) A.C.L.F. Alma
Crepin represented by Larry Schneider, Architect, has requested site
plan approval for a proposed adult congregate living facility located
east of the County Mental Health facility on Military Trail. The
property is currently a single family residence and is adjacent to the
County Mental Health Center on the west, Blood's Grove to the east and
south and rural residential to the north. The action requested is
approval of a change in the manner in which access will be provided to
the A.C.L.F.
This item was previously before the Commission for annexation, zoning
to MOI and site plan approval. The approval required here is for an
alternate access scheme along the south boundary of the Mental Health
Center in lieu of a previous entry spot between BocaRay Center and the
South County Mental Health Center. This previous access had been
opposed by both Fire and Engineering Departments of the City. The
present access scheme along the south boundary of the Mental Health
Center property has been reviewed and found to be satisfactory.
Additionally, this site plan modification requests a grant of
administrative relief to allow restriping of the parking area to
accommodate compact parking spaces. This will allow the South County
Mental Health Center to meet parking codes and accommodate the changed
traffic access point.
Recommend approval of a major
(Linton Manor) A.C.L.F. and a
allow compact parking spaces at
site plan modification for the Delray
request for administrative relief to
the site.
Item No. 19 Offer of Settlement - Anderson v. City of Delray Beach, et
al. This item results from litigation initiated by Charles L.
Anderson, an unsuccessful applicant for a position as police officer,
who subsequently filed EEOC charges and a lawsuit in the U. S.
District Court. At the present time a Federal Court "1983" case is
currently set for pre-trial conference before the Federal Magistrate
in Fort Lauderdale on Thursday, April 28, 1988. Mr. Anderson requests
the City settle this case by paying the sum of $162,500. This offer
has been reviewed by the City Attorney and our consulting law firm,
both of whom recommend rejection.
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AGENDA REPORT
Meeting of April 12, 1988
Recommend of rejection of an offer for settlement of litigation
regarding Anderson v. City of Delray Beach.
Item No. 20 Solicitation Permit - VFW, Post
requested a solicitation permit to conduct
23rd and May 31, 1988. The monies collected
go into the VFWs relief fund which is used
both veterans and non-veterans alike.
4141. VFW Post 4141 has
a poppy sale between May
from the poppy drive will
to help people in need,
Recommend approval of solicitation permit for VFW Post 4141.
Item No. 21 Abandonment of Drainage Easements in Fairways of Delray.
The developer of Fairways of Delray has requested the abandonment of a
small portion of the drainage easements on Lots 22 and 23 of that
development. The portions to be abandoned measure 2-1/2 feet and 3
feet respectively. Our Engineering staff have reviewed the request
and are satisfied that project drainage will not be adversely affected
by the requested abandonment. No other City departments or utility
companies have objections to the proposal.
The request comes in order to accommodate the construction of a
standard Monterey Model Home at the Fairways of Delray the porch of
which will encroach slightly in the City's drainage easement were the
abandonment not to be approved. The drainage easements are currently 15
foot wide strips adjacent to the Delray Beach Municipal Golf Course.
Recommend abandonment of a portion of two drainage easements in
Fairways of Delray, Lots 22 and 23.
Item No. 22 Resolution No. 20-88. This item is a Resolution assessing
costs for abatement action required to remove an unsafe building on
property at 41 N. W,. 3rd Avenue. The Resolution sets forth the
actual costs incurred and provides the mechanism to attach a lien to
this property in the event the assessment of $3,272.50 remains unpaid.
Recommend approval of Resolution No. 20-88 assessing costs for abating
an unsafe building within the City.
Item No. 23 Resolution No. 21-88. This item is a Resolution assessing
costs for abatement action required to remove an unsafe building on
property at 622 N. W. 2nd Street. The Resolution sets forth the
actual costs incurred and provides the mechanism to attach a lien to
this property in the event the assessment of $3,014.00 remains unpaid.
Recommend approval of Resolution No. 21-88 assessing costs for abating
an unsafe building within the City.
Item No. 24 Resolution No. 22-88. This item is a Resolution assessing
costs for abating nuisances by removing junked and/or abandoned
vehicles from 13 parcels at various locations throughout the City.
The Resolution sets forth the actual costs incurred and provides the
mechanism to attach liens to property in the event these assessments
remain unpaid.
Recommend approval of Resolution No. 22-88 assessing costs for abating
nuisances.
Item No. 25 Resolution No. 23-88. This item is a Resolution assessing
costs for abating nuisances on 70 parcels of property at various
locations throughout the City. Debris, weeds, trash, etc. were
removed these parcels. The Resolution sets forth the actual costs
incurred and provides the mechanism to attach liens to property in the
event these assessments remain unpaid.
Recommend approval of Resolution No. 23-88 assessing costs for abating
nuisances.
- 9 -
AGENDA REPORT
Meeting of April 12, 1988
Item No. 26 Bids and Contracts. It is recommended that bids and
contracts be awarded as follows:
A. Human Affairs International for Employee Assistance Program
Services - $14,700 estimated.
B. Edwin and Marilyn Biance Variance Purchase of Lot 1,
Nichols Second Addition for Water Plant Expansion - $96,000.
- 10 -
TO
DEPARTMENTAL
CORRESPONDENCE
QiI O. Barr,\" City Manager
~~~. ~ooc~
David J. Kovacs, Director
Department of Planning and Zoning
[IT' DF
DElRAY BEA[H
~~Ci
FROM
SUBJECT
PLANNING AND ZONING BOARD RECOMMENDATIONS
LAND USE PLAN AMENDMENT AND RELATED REZONES AFFECTING
FIRE STATION, PUBLIC PARKING AND COMMERCIAL EXPANSION
DA1t
4-12-88
At its meeting of April 11, 1988, the planning and Zoning Board
conducted its public hearings on the above matters and have
forwarded the following recommendations to the City Commission.
A. That the City owned property at Miramar and Venetian be
rezoned from RM-15 to C.F. for the purpose of relocation of
Fire Station #2. The recommendation was made on a 4-1 vote
(Sumrall dissenting, Curry absent, Hart's seat vacant).
B.
That the Land Use Plan designation on
acres of private and public land north
(Holiday Inn) Hotel be changed from
recommendation was made on a 5-0 vote.
approximately
of the Camino
MF-15 to C.
2.6
Real
The
C. That the final action in rezoning the private (Ocean
Properties) property north of the current City parking lot
be held in abeyance until such time as the conditional use
application and attendant site plan for the hotel expansion
is before the City. The recommendation was made on a 5-0
vote. The property owner's attorney, Alan Ciklin, agreed
(and even advanced) this action.
D.
That the development of the
Properties) parcel and the City's
exchange include the following:
current private (Ocean
involvement in any land
1. That the land exchange include the balance of the City
owned property (50 x 155 current fire station site) and
seventeen additional feet in width (total of 75') for
the parking lot along the north boundary of the Ocean
Properties parcel.
2. That the land exchange agreement include Ocean
Properties providing all construction associated with
the parking lot development including the required
wall, as necessary, and landscaping.
3.
That Ocean properties accept the drainage from
parking lot onto its remaining parcel and provide
the ultimate disposition of such drainage.
the
for
eM 362
THE EFFORT ALWAYS MATTERS
TO: Walter O. Barry, City Manager
RE: Planning and Zoning Board Recommendations
Land Use Plan Amendment and Related Rezones Affecting
Fire Station, Public Parking and Commercial Expansion
Page 2
4.
That Ocean Properties
demolition of the old fire
abandonment by the City.
be responsible for the
station immediately upon its
5. That the public parking facility be developed in such a
manner to maximize parking spaces; thus, landscaping
should be only to the requirements of the zoning code.
---------------------------------------------------------
During consideration of these items there was quite some concern
about not proceeding with finalizing a rezoning unless assurances
of the specific nature of the resulting development could be
guaranteed. Suggestions were put forward to apply the S.A.D.
approach. An alternative is available since the City is a
"private" property owner in this situation. Thus, the City, in
its private role, could enter into a deed restriction agreement
and restrict the use of the land in that manner. If that is
done, the resulting development's use is restricted and its
design is regulated by the conditional use and site plan
processes.
Given the recommendations of the Board, I suggest that the City
Commission continue with all of the proposed ordinances which
they have before them and conduct their public hearings on April
26th at which time they would formally considered the Board's
recommendations and take action on the Miramar/Venetian rezoning
and Land Use Map amendment and defer action on the others.
c: Fire Chief Koen
Herb Thiele, City Attorney
City Clerk Arnau
Project File
ref:DK#18/A:reportfs
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE 1 II! S I '''' """ SIIII'
iH 1l{\Y I)I\('!I l'IURIIJi\ .n.f~n
\11'\ ~4J_/II')11
MEMORANDUM
Date: April 8, 1988
To: Walter o. Barry, City Manager
From: Herbert W.A. Thiele, City Attorney
Subject: Letter from Mr. and Mrs. Williams Regarding
Acquisition of Property Along N.W. 9th Avenue
Attached please find copies of materials for your information
and further review. Please let us know whether you desire any
additional input or information from the City Attorney's Office
on this matter.
($'
HT:sh
Attachments
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Walter O. Barry, City Manager
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SUBJECT N. W. 9TH AVENUE BETWEEN ATLANTIC AVENUE AND N. W. 1ST STREET
C-.\TE 2/8/88
...
As indicated on the attached atlas sheet, a full right-of-way (50') doesn't
exist for the subject section of roadway. The roadway has been the subject
of a recent lawsuit in which the final judgement was made in favor of the
City. As per Herb Thiele's August 13, 1986 memo (copy attached), the road-
way could legally stay in its present configuration indefinitely. However,
ideally, as per my July 27, 1982 memo (copy attached), a 50 foot right-of-
way should be obtained so that the alignment would be straight from N. W.
1st Street to Atlantic Avenue.
A plan has been submitted by the owner of Lots 10,11 and 12 of Block 2, J.
G. Fenno's subdivision to build a small store on Lot 11. As part of the
Engineering Department's review, it was noted that the development of the
lot would preclude obtaining a 50 foot right-of-way to line up N. W. 9th
Avenue, as originally recommended.
We recommend that the City consider acquiring the right-of-way before the
development of Lot 11, and subject to your approval, we shall discuss the
proposal with the owner. At this time, his plan review is being delayed;
however, we would like to advise him by February 15, 1988.
GDC:GBC:ji:mld
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ORDINANCE NO. 4-88
.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY DF
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 (1)
"BUILDING HEIGHT", SECTION 30-6_ 5 "RM (MEDIUM TO
MEDIUM HIGH DENSITY DWELLING) DISTRICT",
SUBSECTION (I) "BUILDING HEIGHT", SECTION 30-7
"RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT",
SUBSECTION (1) "BUILDING HEIGHT", SECTION 30-7.5
"RH (MEDIUM HIGH TO HIGH DENSITY DWELLING)
DISTRICT", SUBSECTION (I) "BUILDING HEIGHT",
SECTION 30-8 "RM-15 (MULTIPLE F'AMILY DWELLING)
DISTRICT". SUBSECTION (I) "B['ILDING HEIGHT",
SECTION 30-8.1 "PRD-4 (PLANNED RESIDENTIAL)
DISTRICT", SUBSECTION (H) "BflILDING HEIGHT",
SECTION 30-8.2 "PRD-7 (PLANNED RESIDENTIAL)
DISTRICT". SUBSECTION (8) "BUILDING HEIGHT",
SECTION 30-8.3 "PRD-10 (PLANNED RESIDENTIAL)
DISTRICT", SUBSECTION (H) "BUILDING HEIGHT",
SECTION 30-8.4 "PRD-L (LOW TO MEDIUM DENSITY
PLANNED RES IDENT IAL DEVELOPMENT) DISTR ICT" .
SUBSECTION (8) "BUILDING HEIGHT". SECTION 30-8.5
"PRD-M (MEDIUM DENSITY PLANNED RESIDENTIAL
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 (1) "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",
SECTION 30-13.1 "LC (LIMITED COMMERCIAL)
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", SUBSS:CTION (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
(1) "BUILDING HEIGHT", SECTION 30-15.3 "POC
(PLANNED OFF ICE CENTER) DISTR ICT", SUBSECT ION (1)
"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_ e "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
"DEF IN IT IONS". SUBSECT ION (15) "BU ILDING HE IGHT" ,
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, FLORIDA, AS FOLL0WS:
Sect.ion 1. That Chapter 30, "~)ning". Section 30-5
"R-1AAA, R-1AAA-B, R-1AA, R-1AA-B, R-1A, o-lA-B (Single Family)
and R-1A-C (Single Family/Duplex Dwelling) Districts", 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 30-5 "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:
(I) BUILDING HEIGHT
Single family dwellings, duplex dwell-
ings, and recreationa 1, communi ty,
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).
~ion 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)
BIULlllNG HE IGa!
II
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I.
I
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) (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).
- l -
Ord. No. 4-88
:1
Section 3. That Chapter 30, "Zoning", Section 30-5.5
"RL (Low to Medium Density Dwelling) 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 30-5.5 "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)(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).
S"'Cltion 4~ That Chapter 30, Zoning" , Section 30-6
"RM-6 (Multiple Family Dwelling) Distr i ct" , 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 30-6 "RM-6 (Multiple Family Dwelling)
District", Subsection (I) "Building Height", be, and the same is
hereby enacted to read as follows:
:1
:'
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"
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(I) B!}JL1UliGRlllGlIT
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).
SeCltion-5..... 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) BUILDIN~EIGHT
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)(1J.
- 3 -
Ord. No. 4-88
Sp.ct.ion 6. That Chapter 30, "Zoning", Section 30-7
"RM-I0 (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-I0 (Multiple Family Dwell-
ing) District", Subsection (I) "Building Height", be, and the
same is hereby enacted to read as follows:
(I) BUILDING HEIGlIT
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).
Secja.QILL_ That Chapter 30, "Z- ning". Section 30-7.5
"RH (Medium High to High Density Dwelling) 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 30-7.5 "RH (Medium High to High
Density Dwelling) District", Subsection (I) "Building Height".
be! and the same is hereby enacted to read as follows:
(I) 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)(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).
Section 8_ That Chapter 30, "Zoning", Section 30-8
"RM-15 (Multiple Family Dwelling) 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 "RM-15 (Multiple Family Dwell-
ing) District". Subsection (I) "Building Height", be, and the
same is hereby enacted to read as follows:
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( 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) (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
Sect,j on 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) 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)(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).
~t.ion 10._ That Chapter 30, "Zcning", Section 30-8.2
"PRD-7 (Planned Residentiall District", Sutsect.l.on (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) 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)(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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Section 11. That Chapter 30, "Zoning", Section 30-8.3
"PRD-l0 (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-l0 (Planned Residential) District",
Subsection (H) "Building Height", be. and the same is hereby
enacted to read as follows:
(H) 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)(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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Sf\~t,ion 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) BfJILDINQ HEIGliT_
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),
iie.QtJon 13, That Chapter 30, "Z(ning", Section 30-8.5
"PRD-M (Medium Density Planned Residential 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 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 See,
30-17 (A)(l).
SectiQll.....lA.... That Chapter 30, "Zoning", Section 30-8.6
"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 ) BillL.DllliLHlllGlIT
All structures shall be limited to a maximum
height of thirty-five (35) feet.
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iiem;ion 15. That Chapter 30, .. Zoning", Section 30-8.7
"RO (Residential Office) 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 (1) "Building Height... be, and the same is hereby enacted to
read as follows:
( I) IillILD ING HE IGHT
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 pro?ided at Sec,
30-17(A)(1).
Section 16._ That Chapter 30, Zoning", Section 30-9
"NC (Neighborhood Commercial) District.., Subsection (H) "Building
Height", of the Code of Ordinances of the '.~i ty of Delray Beach,
Florida, be, and the same is hereby repealed 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' BJJILDUJJLHEL:;E~
All 5tructureE =hall be limited to a maximum
~Qi~h~ of f r'7-eight (48) feet. except as
p rw de d at .C, P' 3 0 - 17 (A)( 1) .
Section 17. That Chapter 30, "Zoning", Section 30-10
"CC (Community 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 30-10 "CC (Community 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),
Section 18. That Chapter 30, "Zoning", Section 30-11
"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) BUILDING 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 Bus iness) District" , Subsection (H) "Buildi,ng
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 HEIGHI
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All structures shall be limiced to a maximum
height of forty-eight (48) feet, except as
provided at Sec. 30-17(A)(1) & (2).
Section 21~ That Chapter 30. "Zc--in", Sen.i0n 30-13.1
"LC (Limited Commercial) District". SubE -'tior: 'G Bui1Hr:?
Height", of the Code of Ordinances of the -~,..:,f =:el1':O:,' Be.o.~'.:.
Florida. be, and the same is hereby repea1~ L.. :ts p~ti1'etv. ar:d
a new Section 30-13.1 "LC (Li.mited C rr,c-,.'i.a~ f.iot1'i=~
Subsection (G) "Building Height". be. :one '.;,c- .<am", 0._ hC'i.'"
enacted to read as follows:
(G) 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).
5..e..Q!,iQn._.22....... That Chapter 30, "Zoning", Section 30-13.2
"ACT (Agricultural Commercial Transitional) District". Subsection
(G) "Building Height", of the Code of Ordinances of the Cit.y of
Delray Beach. Florida, be. and t.he same is hereby repealed in it.s
ent.iret.y, and a new Sect.ion 30-13.2 "ACT (Agricultural Commercial
Transitional) District". Subsection (Gl "Building Height", be,
and the same is hereby enact.ed t.o read as follows:
(G) BUILDING HEIGHT
All structures shall be limited to
height of forty-eight (48) feet.
provided at Sec. 30-17(A)(1).
a maximum
except as
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Ord. No. 4-88
II
Ser.tion 7.3. That Ohapter 30, "Zoning", Section 3 0-14
"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 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).
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 (Medium Industrial) District", Subsection
(H) "Build ing He ight", be, and the same is here by enacted to read
as follows:
(H) ErrILDING HEIGHT
All structures shall be limit.ed to a maximum
height of forty-eight (48) feet, except as
provided at Sec. 30-17(A)(1) & (2).
5.f: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) BUn,DING HEIGHT
(1) Residential
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,
uxcept 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) Spp.~i~l ~
See Sec. 30-17 (A) (2) (c)
Section~ That Chapter 30, "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) "Bui.lding Height", be, and the
same is hereby enacted to read as follows:
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(I) BUILDIN<LJiE.IGlIT.
All structures shall be limited to a maximum
height of forty-eight (48) feet, except as
provided at Sec. 30-17(A) (11 & (2).
~cliQn..2L That Chapter 30, "Zoning", Section 30-15.3
"POC (Planned Office Center) District". f.ubsect.ion (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:
(I) BUILDlllil..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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~:tJ..on 28. That Chapter 3D, "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.
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
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Sect,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) 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).
Section 30. That Chapter 30, "Zoning", Section 30-15.6
"MOl (Medical Office and Institutional) 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 30-15.6 "MOI (Medical Office and
Insti tutional) District", Subsection (G)" Building Height", be,
and the same is hereby enacted to read as follows:
(GI 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).
Sp.ction31. That Chapter 30, "Zoning". Section 30-17
"Supplementary Regulations", Subsection (A) "Exceptions To Height
Regulations". 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 30-17 "Supplementary Regulations",
Subsection (A) "Exceptions And Increases To District Height
Limitations", be, and the same is hereby enacted to read as
follows:
(A) Exceptions And Increases
Limitations
To District
Heillht
(1) Exceptions To Heillht Limitations. The height
limitations contained in the schedule of
zoning district regulations shall not apply
to antennas, belfries, bins, chimneys,
conveyors, cooling towers, cupolas, flag
poles. mechanical equipment enclosures, radio
towers. shafts, silos, spires, television
towers. 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 C~mmunity Appearance Board.
However, any part of any structure or any
part of any item listed in this subsection
30-17(A)(1) shall not extend above the height
of sixty-four (64) feet, unless specifically
approved by action of the City Commission.
(21 Increases To Di~trjct Heillht Limitations
(al
Prohibitions. There are no
which allow. nor is the
Adjustment empowered to
increase of height. for any
following zone dist.ricts:
provisions
Board of
grant. an
use in the
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Ord. No. 4-88
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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
ART (Agricultural Residential
Transitional) District
RL (Low to Medium Density Dwelling)
District
RM-6 (Multiple Family Dwelling) District
RM (Medium to Medium High Density
Dwelling) District
RM-10 (Multiple Family Dwelling)
District
RH (Medium High to High Density
Dwelling) District
RM-15 (Multiple Family Dwelling)
District
PRD-4 (Planned Residential) District
PRD-7 (Planned Residential) District
PRD-10 (Planned Residential) District
PRD-L (Low to Medium Density Planned
Residential Development) District
PRD-M (Medium Density Planned
Residential Development) District
MH (Mobile Home Park) District
RO (Residential Office) District
NC (Neighborhood Commercial) District
ACT (Agricultural Commercial
Transitional) District
(b) Increases Permitted To Sixty Fe~t (60').
Subject to the procedures contained in
Section 30-21(C), and based upon a
finding of compliance with each of the
enumerated criteria listed below. an
increase to a maximum height of sixty
feet (60') may be approved by the City
Commission in any zone district not
listed in Section 30-17(A) (2) (a) above.
(1)
That the structure is to
in one of the following
areas:
be locat.ed
geographic
Area "A" all property located
east of Congress Avenue and west of
1-95.
Area "B" - the property encompassed
by the Delint DRI. with the
exception of that portion platted
as 'Waterford Village'; along with
property located west of S.W. 10th
Avenue. south of Linton Boulevard.
and east of 1-95.
Area "e" - the property encompassed
by the boundary of Linton
Boulevard. Germantown Road. S.W.
10th Street. and 1-95.
Area "D" - t.he property either side
of Atlantic Avenue. between S.W.
1st Street and N.W. 1st Street.
extending from 1-95 to Swinton
Avenue.
- 12 -
Ord. No. 4-88
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Area "E" - the property encompassed
on the west by the F.E.C. Railroad,
on the east by the Intracoastal
Waterway, on the south by Allen
Avenue extended to said easterly
and westerly boundaries, and on the
north to the northernmost boundary
of the City.
Area "F" the property located
between the one-way pair system of
Federal Highway (5th and 6th
Avenues) .
Area "G" - the property on either'
side of Linton Boulevard, extending
two hundred feet (200') north and
south of its ultimate right-of-way,
extending from 1-95 to Dixie
Highway.
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Area "H" the area bounded by
Linton Boulevard on the south, the
F.E.C. Railroad on the east, the
combination of Southridge Road and
Swinton Avenue on the north, and
S.W. 4th Avenue on the west.
Area "I" - all property within the
CBD (Central Business) District.
Area "J" - the property encompassed
by Lindell Boulevard on the north,
Federal Highway on the east, Dixie
Highway on the west, and the City
limits on the south.
(2) That the increase in height will
not provide for, nor accommodate,
an increase in the floor area
(within the structure) beyond that
which could be accommodated by
development which adheres to a
height limitation of forty-eight
(48) feet; except for the following
situation: An increase in
intensity is allowed when the
increase from forty-eight (48) feet
to sixty (60) feet is for the
purpose of accommodating
residential use on the top floor of
the structure: however, the
increase in intensity is only for
the added residential use area.
(3 )
That,
based
more.
the increase in
on or will result
of the following:
height
in one,
is
or
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Ord. No. 4-88
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(i)
a demonstrable need that to
accommodate the nature of a
particular use or a
particular matter or type of
construction, a greater than
normal space between floors,
or height of story is
necessary; or,
(11)
that seventy-five percent
(75%) or greater an area of
the ground floor is devoted
to parking and vehicular
traffic circulation; or,
(iii) that for each foot in height
above forty-eight (48) feet,
an additional building
setback of two (2) feet is
provided from the bUilding
setback lines which would be r
established for a forty-eight
(48) ft. tall structure. The
additional setback is
required from all setback
lines (i. e., front, side and
rear) .
(c) In~reases Permitted Above Sixtv Feet
~O') SDe~ial Activities Distri~t.
For special uses (not including
residential, commercial. or industrial
uses) which can only be accommodated
through the use of the SAD (Special
Activities) District. the height
limitations for such a use within any
SAD shall be specifically set forth in
the enacting ordinance of that specific
SAD. provided that the SAD falls within
one of the geographic areas described in
Section 30-17 (A) (2) (b) (1). The
foregoing provision shall not apply to
residential uses or normal uses within
any SAD. but such use shall be governed
by the height limitations contained in
the SAD regulations.
Section 32. That Chapter 30. "Zoning", Section 30-1
"Def ini tions". Subsection (15) "Building Height". of the 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 the highest finished roof surface of
a flat roof or to the mean level between
eaves and ridge for gable. hip or gambrel
roofs. W~~r~/~~/gr.~e/~.$/~~~~//~$t.~rK$W~~1
t~e/~~fg~t/~f/./~~fr~f~g/~.t/~e/~~.$~re~/fr~~
tW~/~e.~/ere1.tf~~/~f/t~~/fK~K$We~/r~t//gr.~~
.t/t~e//fr~~t//~f/t~~//~~fr~f~gll/IMeKgWtll.$
.~~rfe~//t~//.//$t~rt//f~~rfe$lltWellt.rtt~.r
~f$t.~~e//fr~~//t~~///t~//td~//I~fllt~~lllf~Y
$~~~e$$f1e/ff~f$We~/fr~~r/'~rf.~e'll.r_yt~K.t
tWe/~f$t.~~e//f$/~dt//tre.ter/tW..//te.l/frgy
teet/
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Ord. No. 4-88
0":cG.t.i-DLl__:1.'L. ThAt. Chapt.Br 311. "Zoni Tl...". :=.ection 30-1
"Definitions". 2.ubsect,ion (45) "Grade". of t.hp. Code of Ordinances
of the City of Delray RBach, Florida. be. and the same is hereby
am~nded to rearl 8S fGllnws:
(4f,) Grade.
(a) For buildings adjoining one (]) street.
the m~an e1evation$ of the $z~e~~Ykll~~
~he/qen~etl/~fllY.he/~~YY//i~J~InYng//~he
$~tee~ Q.rD_YIl. _ _Qf__th~L_. s..t.L~:L_al9...nL-~
lQL_frQntage.
(b) For buildings adjoining more than one
( 1) street. the average of the m~!'!Jl
elevations of the $I~e~_lklli~///the
ienY.et$/~f/_YI/I~iYY$/_~!~znlng/I$~teet$
'cI,-,wn ,-,f t.hp. Micin.inK...atrp.p.t.s.
(c) For bui ldings hivzng I 1,1"' /~_IY 11_<1. .NzJi(znit
~he l$tteeY..' 11~i'(e 1 /;fdct ,. N,e /Y<i<l<iY / Nf I I~h<i
fYJi(Iih<icl/>ii,.(rucili' l<;1f /-r;'f /"t~J,,(l'icll l_clUi<iJi(~
~~/th<ill<ix~etz~t/~iYY~ /~f/~hell~i,.(zY<1.YJi(g
!ihiill:L___In:~___ bl1i.lL..._J:!'::h adh...~Q.<:'__!&
miniml1m :,<etb.;\ck rAql\iJ'~,s. trLtL__lOJ::MA
shall_J)i'c___ d~cumined _<is ._Me_. aVAra,.e_N
t.hA m-B~n_._,._.~.L~YJ3..ti.Qr.L _,(If .'_ t"-h~,------.:tlr~~t__._(~r
Q.t.rAe~C'L__,.,bi'~h.. llu'llo--.tJl":.. ..Q,'u"c.",.L _'JJ2!:>lLtJ.bJ. c, h
the hu i 1 d.1.nK_k...l(2<::.-tl,~"i.
:3_e.ction H._ That Chapter 30. 'Zoning". Sc,ct,ion 30-1
"Definitions". Subsection (92) ":=.tory". of the Code of Ordinances
of the City of Delray Beach. Florida. be. and t.h... same is hereby
amended to read as follows:
(:j~~) St,or:", The port,ion of "hl1i.lding inclllded
betwAen the sl~rface (If 8nv floor and the
":llrface of t,he next f!r'0r !'\bove it.. or if
t,here be no floor ~b()ve tt., then th.e .,?,pace
he tween such fl(lor and the ~eiling next above
it. !:kight._ M__g.QP li ec;:!__j;..9_~"L 'cLt.Qx:yj,.rnJ2 U..".5.:tb'O'
ve.r.tiEa Ldi",-t?fu~~_f.rDln. j:,QP tQ_t...QP.0J_ tWQ (2)
'0. W:cQ8"",.<;j.Y_e_ _tiQi shF.'.rJ... f~QQL _Q m::ff\Qe tL_
:3.ect.i.on__3.5.~ That all ordinances or parts of ordinances
in conflict herewith be. and the same are herehy repealed.
:3f'!::.ti.oIl.1.6. That should any 'Oect.ion or provi"iion of
this 0rdinance or any portion thereof. anv paragraph. 'Oentence.
or word be declared by a Court of compet.ent jurisdiction to be
invalid. 'Ouch decision 'Ohall not affect the validity of the
remainder hereof as a whole or part thAreof other than the p!'\rt
declared to be invalid.
::&~~tlim_.3'L That this ordinance ",hall become effective
immediately upon passage on second and final reading.
- 15 -
Ord. No. 4-88
PASSED AND ADOPTED in
final reading on this the
regular session
day of
on second and
1988.
'I
I'
.1
]1
I!
I
I
I
i
MAY 0 R
ATTEST;
____ __m_.. ....._n____.. _.. ._.___ ________________
City Clerk
First Reading
Second Reading
- 16 -
Ord. No. 4-88
DEPARTW:NTAL
CORRESPONDENCE
CITY DF
DELRAY BEAlH
~~-~
TO
A ~-:!JJ%~:~::
~\.) J. Kovacs, Director
Department of Planning and Zoning
FRorv1
CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 22, 1988
SUBJECT FIRST READING OF ORDINANCE AMENDING THE ZONING CODE WITH RESPECT
TO THE HEIGHT LIMITATIONS
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
regulations
Element".
development
priority.
to address modifications to the City's height
is stated in the "Policy Guide to the Land Use
In December, 1987, by a City Commission directive, the
and processing of such regulations was made a high
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".
~
-'::f\136:;
THE EFFORT AL!NAYS MATTER:"
1
To: Walter o. L .~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' overlay
being between Federal Highway
of Lindell;
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
l
CD
-a
Community
Redevelopment
Agency
Delroy Beach
March 17, 1988
,~PR 11:;;00
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 Communi~y
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,
~
lc
~-
Lynch
Thomas
Chairman
cc: Agency Board Members
64 S.E. 5th Avenue, Delroy Beach, Florida 33444
(305) 276-8640
DEP ARTf\':NT AL
CORRESPONDENCE
[ITY DF
DElRAY BEA[H
---'~~
TO
~ter O. Barry, City Manager
Dav~':~~~~~rector
Department of Planning and Zoning
FROM
CITY COMMISSION DOCUMENTATION -- SUPPLEMENTAL
MEETING OF APRIL 12, 1988
SUBJECT HEIGHT ORDINANCE
April 6, 1988
ITEM BEFORE THE COMMISSION:
The items before the City Commission include:
a)
b)
public hearing on the proposed height ordinance
action on the proposed ordinance
~
BACKGROUND/ANALYSIS:
Proceeding with a height ordinance is pursuant to the City's Land
Use Policy Guide and direction given by the City Commission at
its meeting of December 1, 1987.
Background data was provided at the time of first reading. Since
that time a work session was held with the City Commission.
Additional information was gleaned at that workshop and is
addressed as follows:
Item 1
Absolute height limit -- approval by City Commission:
It was suggested that the provision "Exceptions to
Height Limitations" have a limit beyond which City
Commission approval would be required. The suggested
limit was 64' which would accommodate the maximum
height which is allowed for a structure and the
accommodation of normal roof equipment.
Recommended change: Add to Section 31 of the Ordinance:
30-17-(A)-(1) add to the end of this Code Section the
following: "However, any part of any structure or any
part of any item listed in this subsection
30-l7-(A)-(1) shall not extend above the height of
sixty-four feet (64') unless specifically approved by
action of the City Commission."
u~>);:
THE E;cFORT AL_'.^JA.YO MAl TERS
l
TO: Walter o. Bar.y, City Manager
RE: City Commission Documentation -- Supplemental
Meeting of April 12, 1988
Height Ordinance
Page 2
Item 2
Request of the C.R.A. regarding the C.B.D.:
The C.R.A. has requested
District be treated in a
commercial areas.
that the Central
manner similar
Business
to other
Recommended chanqes: Amend Section 31 of the Ordinance:
Page 13, under Code Section 30-l7-(A)-(2)-(b)-(3)
delete the last five words "except as provided for
herein" and change the proceeding comma to a colon.
Page 14, under code subsection (iii)
sentence "This provision (iii) shall apply
zoned CBD (Central Business District)."
delete the
on property
Item 3
Reguest of Mayor to delete Water ford Villaqe from the
geographic description of Area "B":
..
Although exceeding a maximum height of 48' for
residential structures is prohibited in this area, it
does not present a problem in deleting the area from
the geographic description. Note: in order for a
structure to exceed the 48' limitation, it would first
be necessary to alter the Delint D.R.I. and then rezone
the property.
Recommended Change: Amend Section 31 of the Ordinance:
30-17-(A)-(2)-(b)-(1) of the Code should be revised in
its entirety to read: "Area 'B' the property
encompassed by the Delint DRI with the exception of
that portion platted as 'Waterford Village'; along with
property located west of S. W. 10th Avenue, south of
Linton Boulevard, and east of 1-95."
Item 4
Confine SAD exceptions to certain qeographic areas:
There appeared a consensus that the potential for
exceeding a 60' limi t for uses which require
application of the S.A.D. zone district should be
limited to the areas wherein the sixty foot limit
applies as opposed to be'~llowed anywhere in the City
(where an S.A.D. designation may be applied for
whatever reason). This consensus appears reasonable in
that it alleviates a possible doubt or concern which
may be held by the general public in the future
application of the height regulations.
I
TO: Walter o. Barry, City Manager
RE: City Commission Documentation -- Supplemental
Meeting of April 12, 1988
Height Ordinance
Page 3
Recommended Change: Amend Section 31 of the Ordinance:
Change Code Section 30-l7-(A)-(2)-(c) as follows: "For
special uses which can only be properly accommodated
through the use of the SAD (Special Activities
District), the height limitations as set forth in this
section shall not apply provided that the SAD falls
within one of the geoqraphic areas described in
30-17-(A)-(-2)-(b)-(1). then continue with the
balance as is presently written.
Item 5
Other geographic area
were also discussed.
areas be altered.
changes: The following areas
It is not recommended that these
.,.
Between Congress and 1-95, south of the Courthouse and
north of Linton Shopping Center. A break 1n the
corridor at this point seems inappropriate in a general
sense: since the existence of 1-95 and the proposed six
lane major arterial of Congress were the criteria which
define this corridor. If a specific parcel is
inappropriate, that more specific situation would be
assessed through the conditional use hearing process.
Between the Federal Highway pairs, south of the CBD,
concerns were raised about this area being in proximity
of single family homes. There is a separation of
Federal Highway, itself being a 60' right-of-way, and
commercial zoning with a depth of at least 130', and an
alley between eligible properties (for the 60' height)
and residentially zoned property. Further, the same
concerns could be raised about the designation as it
applies north of the CBD along the Federal Highway
pairs, along the Atlantic Avenue corridor, and the CBD
itself. Because of the broad applicability which
exists, it is suggested that a change not be made
solely on the originally stated basis.
Other points of concern may be raised during the public hearing.
If so, we will be prepared to make recommendations as to changes
to the text of the ordinance, if a change is warranted.
City Attorney review: Prior to taking an action, the
Commission should consult with the City Attorney to determine if
any proposed amendments would affect the caption and/or require
renoticing of the public hearing.
I
TO: Walter o. Ba. I, City Manager
RE: City Commission Documentation -- Supplemental
Meeting of April 12, 1988
Height Ordinance
Page 4
ALTERNATIVE ACTIONS:
1. Hold the public hearing, defer action, and provide
direction.
2. Hold the hearing and adopt the proposed ordinance on
second and final reading incorporating changes as the
Commission deems appropriate.
RECOMMENDED ACTION:
By motion, move second and final reading of the enacting ordinance
incorporating amendments for items 1 through 4, inclusive, as"
listed in the Planning Director's Commission Documentation
report.
Note: additional changes may be warranted upon the receipt of
additional public input.
REF/DJK#17/B:CCHT.TXT
l
ORDINANCE NO. 10-88
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 20, TOWNSHIP 46 SOUTH, RANGE 43
EAST, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED AT THE NORTHWEST CORNER OF THE
INTERSECTION OF LINTON BOULEVARD AND
GERMANTOWN ROAD; 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. Wallace Ford, Inc., formerly known as Bill
Wallace Ford, Inc., a Florida corporation, is the fee-simple
owner of a parcel of land lying in Section 20, Township 46 South,
Range 43 East. Palm Beach County, Florida. being more particular-
ly described as follows: Commencing at ~he Northeast corner of
Lot 53 of the Plat "Sands O'Sea" as recnrded in Plat Book 21,
Page 27, of the Public Records of Palm Beach County, Florida,
thence S. 89 degrees 49' 49" W. along thp North line thereof, a
distance of 11. 01 feet.; thence S. 24 degrees 36' 15" W. along the
Westerly Right-of-Way line for "Germantown Road", as deeded in
Official Records Book 4325. Pages 1646. 1647 of the Public
Records of Palm Beach County, Florida. a dis~ance of 43.32 feet
to the Point of Beginning of this description; thence continue S.
24 degrees 36' 15" W. along said West line. a distance of 519.44
feet; thence S. 40 degrees 22' 50" W. along the Westerly Right-
of-Way line for "Germantown Road" as shown on State of Florida
State Road Department Right-of-Way Map for 1-95, Section
93220-2411, Sheet 18, a distance of 123.31 feet; thence S. 86
degrees 26' 27" E. along the Easterly projection of the North
Right-of-Way line for "S. W. 12th Street (Linton Boulevard)" as
shown on said State Road Department Right-of-Way Map, a distance
of 135.04 feet to a point on curve; thence Westerly along the
Easterly Right-of-Way line for "Germantown Road" as shown on the
Right-of-Way Map for "S. W. 12th Street", as recorded in Road Plat
Book 4, Pages 25, 26 of the Public Records of Palm Beach County,
Florida, along the arc of a curve to the left, whose radius point
bears N. 30 degrees 19' 06" E., having a radius of 25.00 feet, a
central angle of 30 degrees 44' 43", an arc distance of 13.25
feet to the Point of Tangency; thence N. 89 degrees 34' 23" E.
along the North Right-of-Way line for "S. W. 12th Street (Linton
Boulevard) as shown on said Right-of-Way Map for "S.W. 12th
Street", a distance of 44.60 feet; thence N. 44 degrees 34' 23"
E., a distance of 46.32 feet to a point of intersection with the
west right-of-way line for "Germantown Ro.9d" as shown on t.he Plat
of "BILL WALLACE NISSAN" as recorded in Plat Book 56, at Page 91
of the Public Records of Palm Beach County, Florida; thence N. 00
degrees 25' 37" W. along said West line, a distance of 203.95
feet to a point of curvature; thence Northerly continuing along
said West line along the arc of a curve to the right having a
radius of 804.00 feet, central angle of 25 degrees 01' 52", an
arc distance of 351.25 feet to the Point of Beginning; and,
WHEREAS, Roger Saberson. as duly authorized Agent for
Wallace Ford, Inc.. formerly known as Bill Wallace Ford, Inc., a
Florida corporation, has requested by his petition to have the
property annexed into the municipal limits of the City of Delray
Beach; and,
(p
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 rlescribed land located in
Florida, which lies contiguous to said Ci~v
of the City of Delray
annexes to said City
Palm Beach County.
to-wit:
A parcel of land lying in Section 20, Town-
ship 46 South. Range 43 East. Palm Beach
County. Florida, being more particularly
described as follows: Commencing at the
Northeast corner of Lot 53 of the Plat "Sands
O'Sea", as recorded in Plat Book 21. Page 27
of the Public Records of Palm Beach County,
Florida; thence S. 89 degrees 49' 49" W.
along the North line thereof, a distance of
11. 01 feet; thence S. 24 degrees 36' 15" W.
along the Westerly right-of-way line for
"Germantown Road" as deeded in Official
Records Book 4325, Pages 1646, 1647 of the
Public Records of Palm Beach County, Florida,
a distance of 43.32 feet to the Point of
Beginning of this description; thence contin-
ue S. 24 degrees 36' 15" W. along said West
line, a distance of 519.44 feet; thence S. 40
degrees 22' 50" W. along the Westerly
right-of-way line for "Germantown Road" as
shown on State of Florida State Road Depart-
ment Right-of-Way Map for 1-95, Section
93220-2411, Sheet 18. a distance of 123.31
feet; thence S. 86 degrees 26' 27" E. along
the Easterly projection of the North Right-
of-Way line for "S. W. 12th Street (Linton
Boulevard)" as shown on said State Road
Department Right-of-Way Map, a distance of
135.04 feet to a point on "Ilrve; thence
Westerly along the Ea~terly right-of-way line
of "Germantown Road" as shown on the Right-
of-Way Map for "S. W. 12th Street", as record-
ed in Road Plat Book 4. Pages 25. 26 of the
Public Records of Palm Beach County, Florida,
along the arc of a curve to the left, whose
radius point bears N. 30 degrees 19' 06" E.,
having a radius of 25.00 feet. a central
angle of 30 degrees 44' 43", an arc distance
of 13.25 feet to the Point of Tangency;
thence N. 89 degrees 34' 23" E. along the
North Right-of-Way line for "S.W. 12th Street
(Linton Boulevard)" as shown on said Right-
- 2 -
Ord. No. 10-88
of-Way Map for "S. W. 12th Street", a distance
of 44.60 feet; thence N. 44 degrees 34" 23"
E.. a distance of 46.32 feet to a point of
intersection with the West right-of-way line
for "Germantown Road" as shown on the Plat of
"Bill Wallace Nissan" as recorded in Plat
Book 56, Page 91 of the Public Records of
Palm Beach County, Florida; thence N. 00
degrees 25" 37" W. along said West line, a
distance of 203.95 feet to a point of curva-
ture; thence Northerly continuing along said
West line along the arc of a curve to the
right having a radius of 804.00 feet, a
central angle of 25 degrees 01" 52", an arc
distance of 351.25 feet to the Point of
Beginning.
The subject property is located at the
northwest corner of the intersection of
Linton Boulevard and Germantown Road.
The above-described
acre parcel of land,
parcel cont.ains - a
more or le,o; s.
0.99
~~on 2. That the Boundaries of the City of Delray
Beach, Florida. are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach.
Florida.
Section 3. That Section 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 Commer-
cial) 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 ~ 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.
- 3 -
Ord. No. 10-88
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 __.______________
Second Reading ~
- 4 -
Ord. No. 10-88
DEPARTtv'~NTAL
CORRESPONDENCE
CITY DF
DElRRY BEA[H
r I~
c::.1ter O. Barry, City Manager
~cu-~tJ ~o tJCLCJ-.
avid J. Kovacs, Director
Department of Planning and Zoning
Wf"""-.
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. '_">"-"~',.'''' ;;';',-"- ~"'~, . "
CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 8 1988
FIRST READING OF ENACTING ORDINANCE FOR
THE WALLACE - GERMANTOWN ROAD ANNEXATION
February 29, 1988
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is first reading of an
ordinance which will annex and zone a portion of property which
was formally right-of-way of Germantown Road. The property is
now under the ownership of Wallace Ford. The requested zoning is
SC Specialized Commercial. A public hearing will follow on.
second reading. Tentative hearing date is April lZth.
BACKGROUND:
The request is one of the steps necessary to wrap-up a previously
known situation. The situation is that through a public-private
arrangement, Bill Wallace provided right-of-way for a realignment
of Germantown Road where it meets Linton Boulevard. Wallace
Nissan constructed the realigned street section. The former
right-of-way was deeded to Wallace by the County. Once the
annexation is complete, the land will be added to the Wallace
Ford dealership for ingress/egress and display parking. The staff
report which provides more detail on the history of this parcel
is attached.
The associated conditional use request and site plan has been
before the Planning and Zoning Board which has recommended
approval. The conditional use request will be before the
Commission following second reading of the enacting ordinance.
Planning and Zoning Board recommendation: The Board held a public
hearing at which there was no comment. The Board unanimously
forwarded the request with a recommendation of approval.
b
: "c EC;cc:'F' A._.. M
To: Walter O. rry, City Manager
Re: City Commi~sion Documentation
Meeting of March 8, 1988
First Reading of Enacting Ordinance for
The Wallace - Germantown Road Annexation
Page 2
ALTERNATIVE ACTIONS:
1. Approve on first reading and set a hearing date.
2. Continue with direction.
3.
It is not appropriate
first hearing stage
initiated.
to deny such a request at the
since it has been privately
RECOMMENDED ACTION:
Hold first reading of the enacting ordinance for this annexation~
with City zoning of SC and set a pUblic hearing date.
Attachment:
- Staff Report
PLANNING 8 LONING
CITY OF OELRAY
BOARD
BEACH
MEET I NG oqTE: February 22, 1988
STAFF REPORT
AGENDA ITEM:
III. C.
ITEM:
WALLACE FORD ANNEXATION AND ZONING OF FORMER GERMANTOWN RIGHT-OF-WAY
ADJACENT TO EXISTING DEALERSHIP
'~o
I
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.....
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--.-
:
;'
GENERAL
DATA:
General Data:
Owner.......................... .William L. Wallace
Agent...........................Roger Saberson, P.A.
Digby Bridges, Marsh and
Associates
Location....................... .Northwest corner of Linton
Boulevard and Germantown Road
.....
Property size................... .9881 acres
County Land Use.................Medium to Medium High Residential
(M-MII)
County Zoning...................Multiple Family Residential (High
Density) RH; General
Conmercial CG
City Plan Designation...........commercial
Adjacent Zoning.................SC to the north, east and west.
CC to the South
Existing Land Use...............Abandoned Germantown Road
right-af-way
Propo$ed Land Use4....4...4.4..4Extension of Existing Display
parking area for Bill Wallace
Ford dealership
Water and Sewer Service.........Adequate by extension of existing
site's service
ITEM: xa.. Co
I
FLORIDA
BOB MARTIl'CEZ
OOVERJ'IIlOR
APR - 3 '98~
DEPARTMENT
Ot
TRANSPORTATION
KAYf: r"l. HEl'IDtRSOI"t
SECIU!.TAHY
/80 Southwest 24th Street
For-t Lauderdale, Florida --=;331::-)~2696
Telephone l\llmber: (3(,'5) 5='2.-4~44
Ap>'ll 7, 1788
;-."\r-. Wal ter 8an--v, C i t':l >1anagF.W
10(1 [\J. W. 1st Avenue
Delt-av Beach, Florida
Dear" '''1r. Barrv:
RE: PassenqEr Tt-,::u:-, ~:;peed Inct-ease
The DEpat-tl1lE'r,t of Tr-a.riSpDi-tatlon is l"'"EVlewlrlg the neCE'551tv
to lncr-eaSE" thE' rr,a:><irn\..JlTI pa,S'5engec trair; speed from 7() mph tr:) )'-) rnph JI
thE' C:SX Rai1road witrnn tt-tE' Cltf' c;f uelr-ay Beach. t\ie r"Equest that
t.i(ne be allot.ted at 'y"ouc COTiflls_sion lAkJr"I-- Shop meeting o'f April Il~
1988 -fot- u<::-. t~J in for-m and r: larlfy the need few this increa.se. 1.
Coord J rh3 tor"
[FR:de
1
I
DEPARTMENTAL
CORRESPlJNDENCE
[ITY DF
DElRAY BEA[H
TO Walter O. Barry, City Manager
F~:<'}rerald B. Church, P.E., City Engineer
Information Hearing - CSX Railroad Speed Increase
SLe,,:T Re: Letter, Mr. Edwin F. Radson, April 7, 1988
4/8/88
The DOT is responsible for handling requests for changing speed
limits for trains. The FDOT, with CSX Railroad (formerly Seaboard
Coast Line) want to increase train speeds from 70 MPH to 79 MPH at
the Lake Ida railroad crossing. The other crossings at Atlantic
Avenue and Linton Boulevard are presently at 79 MPH. This request
came about in connection with the Tri-County Commuter Train System
which want to run their trains at 79 MPH.
Mr. Radson will present details of the proposal. The FDOT plans .
to follow-up with a public hearing at which time the City may .
comment.
Some municipalities limit train speeds to a maximum of 45 MPH.
The City's Code of Ordinances does not include any regulations for
train speed, except for automobiles converted to operate on
railroad tracks, which may not go faster than 25 MPH through a
railroad crossing (Sec. 26-2).
There have been complaints by residents about the loud train horns.
The blowing of train horns is regulated in the City Code (Sec. 16-
40) but since the CSX is an interstate system, the City's statutes
do not govern them.
GBC:ji
Enclosure
:~'.' =5 ='
THE EcFORT AL:'JAY: M "'T~H.i
I
ORDINANCE NO. 18-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINIS-
TRATION", ARTICLE I, "IN GENERAL" OF THE CODE OF
ORDINANCE. OF THE CITY OF DELRAY BEACH, FLORIDA, BY
REPEALING SECTION 2-1.5, "MUNiCIPAL DEPARTMENTS
ENUMERATED", BY ENACTING A NEW SECTION 2-1.5,
"MUNICIPAL DEPARTMENTS", TO PROVIDE THAT MUNICIPAL
DEPARTMENTS SHALL BE AS DESIGNATED BY THE CITY
MANAGER; PROVIDING A GENERAL REPEALER CLAUSE,
PROVIDING A SAVINGS CLAUSE AND PROVIDING AND EFFEC-
TIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That Chapter 2, "Administration", Article I,
"In General", Section 2-1.5, "Municipal Departments Enumerated", of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby
repealed.
Section 2. That Chapter 2, "Administration", Article I,
"In General" is hereby amended by enacting a new Section 2-1.5,
"Municipal Departments", to read as follows:
Sec. 2-1.5.
Municipal Departments.
The municipal departments of the City shall be as designated
by the City Manager in such numbers and organizations deemed necessary
to carry out the powers and duties of the office of City Manager
enumerated in Section 4.04-4.06.
Section 3. That should any section or prov~s~on of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular
reading on this the day of
session on second and final
, 1988.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
9
ORDINANCE NO. 19-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH. FLORIDA, CHANGING THE CITY'S
LAND USE PLAN DESIGNATION IN THE COMPREHEN-
SIVE PLAN FOR A PARCEL OF LAND LYING AND
BEING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE
43 EAST, DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA, LOCATED NORTH OF EAST ATLANTIC
AVENUE AND SOUTH OF LOWRY STREET. IF EXTENDED
EASTWARD, BETWEEN STATE ROAD NO. AlA AND
ANDREWS AVENUE, FROM MF-15 (MULTIPLE FAMILY -
15 UNITS/ACRE), IN PART, AND P (PUBLIC), IN
PART, TO C (COMMERCIAL); AMENDING THE LAND
USE PLAN; 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, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject
property is as follows:
See Exhibit "A" att,ached hereto and made a
part hereof.
Section 2. That the Land Use Plan designation of the
subject property in the Comprehensive Plan is hereby changed to C
(Commercial) .
Section 3. That the Planning Director of
Delray Beach shall, upon the effective date of this
change the Land Use Plan of Delray Beach, Florida,
wi th the provisions hereof.
the City of
ordinance,
to conform
Section 4. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or prOV1S1on of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent Jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 6. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
10
EXlWll'L':.A~
PARCEl, B:
Commencing at the intersection of the center line of Atlantic
Avenue and the East right-of-way line of Andrews Avenue extended; ,
thence Northerly with said East right-of-wOY line 341,04 feet to
the Point of Beginning of said Parcel B; thence continuing along
said East right-of-way line 213,79 feet; thence with an interior
angle to the left of 89 degrees 47' 30", 458,87 feet Easterly to
the West right-of-way line of Ocean Boulevard (S.R. AlA); thence
wi th an interior angle to the left of 81 degrees 18' 07", 216. 28
feet Southwesterly along said West right-of-way line; thence with
an interior angle to the left of 98 degrees 41' 53", 425.38 feet
to the Point of Beginning (containing 2.17 acres. more or less);
TOGETHER WITH
PARCEL c:
Commencing at the intersection of the center line of Atlantic
Avenue and the East right-of-way line of Andrews Avenue extended;
thence Northerly with said East right-of-way line 291.04 feet;
thence with an interior angle to the left of 89 degrees 47' 30",
155.00 feet Easterly to the Point of Beginning; thence continuing
Easterly 262,55 feet to the West right-of-way line of Ocean
Boulevard (S.R. AlA); thence with an interior angle to the right
of 98 degrees 41' 53", 50.58 feet Northeasterly to the South line
of the aforementioned Parcel B; thence with an interior angle to
the right of 81 degrees 18' 07", 270.38 feet Westerly along the
South line of Parcel B; thence with an interior angle to the
right of 89 degrees 47' 30", 50.00 feet Southerly to the Point of
Beginning (containing 0.306 acres, more or less);
TOGETHER WITH
PARCEl, D:
Commencing at the intersection of the center line of Atlantic
Avenue and the East right-of-way line of Andrews Avenue extended;
thence with said East right-of-way line Northerly 291.04 feet to
the Point of Beginning of Parcel D; thence continuing along said
East right-of-way line Northerly 50.00 feet; thence with an
interior angle to the left of 89 degrees 47' 39", 155.00 feet
Easterly to the West line of Parcel C; thence with an interior
angle to the left of 90 degrees 12 '30". 50.00 feet Southerly;
thence wit,h an interior angle to the left of 89 del';rees 47' 30'''.
155.00 feet Westerly to the Point of Beginning (contRinlng 0.178
acres. more or less).
10
ORDINANCE NO. 20-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH. FLORIDA. REZONING AND
PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE
FAMILY DWELLING) DISTRICT IN CF (COMMUNITY
FACILITIES) DISTRICT LOTS 1 AND 2. BLOCK "D".
JOHN B. REID'S VILLAGE. 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 21.
PAGE 95. SAID LAND IS LOCATED AT THE SOUTH-
EAST CORNER OF MIRAMAR DRIVE AND VENETIAN
DRIVE, AND AMENDING "ZONING MAP OF DELRAY
BEACH. FLOR IDA. 1983"; 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, FLORIDA. AS FOLLOWS;
Section 1. That the following described property in
the City of Delray Beach, Florida, is hereby rezoned and placed
in the CF (Community Facilities) District as defined in Chapter
30 of the Code of Ordinances of the City of Delray Beach, Flori-
da, to-wit;
Lotsl and 2, Block "D". XJHN B. REID'S
VILLAGE, Delray Beach. Florida. 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
21. Page 95.
The subject property is located at the
southeast corner of Miramar Drive and Vene-
tian Drive. Delray Beach, Florida.
The above-described parcel contains a 1.04
acre parcel of land. more or less.
Section 2. That
shall, upon the effective
Zoning Map of Delray Beach.
sions of Section 1 hereof.
the Planning Director of said City
date of this ordinance, change the
Florida, to conform with the provi-
S~ction 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of
this ordinance or any portion thereof. any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid. such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Secti~~ That this ordinance shall become effective
immediately upon passage on second and final reading.
II
PASSED AND ADOPTED in regular session on second and
final reading on this the __~__ day of . 1988.
MAY (I R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 -
Urd. No. 20-88
ORDINANCE NO. 21-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH. FLORIDA. REZONING AND
PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE
FAMILY DWELLING) DISTRICT IN LC (LIMITED
COMMERCIAL) DISTRICT A PARCEL OF LAND LYING
AND BEING IN SECTION 16. TOWNSHIP 46 SOUTH.
RANGE 43 EAST. DELRAY BEACH. PALM BEACH
COUNTY, FLORIDA: SAID LAND IS LOCATED NORTH
OF EAST ATLANTIC AVENUE AND SOUTH OF LOWRY
STREET. IF EXTENDED EASTWARD. BETWEEN STATE
ROAD NO. AlA AND ANDREWS AVENUE. AND AMENDING
"ZON ING MAP OF DELRA Y BEACH. FLOR IDA. 1983":
PROVIDING A GENERAL REPEALER CLAUSE: PROVID-
ING A SAVING CLAUSE: PROVIDING AN EFFECTIVE
DATE.
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DEGRAY BEACH. FLORIDA. AS FOLLOWS:
Q.e<'et.J<;>.n_.l. That. the fo 110win/< descri bed propert.y in
the City of De]ray Reach. Florida. is hereby rezoned and placed
in the LC (Limited Commercial) District as defined in Chapter 30
of the Code of Ordinances of the City of Delray Beach. Florida.
t.o-wi t.:
f,ee Exhibit. "A" at.t.a<'hed hereto "nd made "
part hpreof.
2._t7~(:..ti.QJL_2__c Thft t,
shall. upon the effective
Zoning Map of Delray Beach.
sions of Section 1 hereof.
thp Planning Director of said City
date of this ordinance. change the
Florida. to conform with the provi-
~QtiQn.....1~ That a] 1 ordi nances or part.s of ord inances
in conflict herewith he. and the same are hereby repealed.
5~QliM__4.. That. s hould .~ny section or provi s ion of
this ordinance or any portion thereof. any p"ragraph. sentence.
or word be declared hy a Court of competent jurisdiction to be
invalid. such decision shall not affect the validity of the
remainder hereof as a whole or part. t.hereof ot.her than the part
declared to be invalid.
Sp,Gti(>JJ.....'i. That. t.hi~. ord inance s ha 11 become effect.i ve
immediately upon passage on second anrl final reading,
PASSED AND ADOPTED in
final readin/< on this the
rei?\J IF:ll". se~,5 i on
rl(=lyot ..____._____
on second and
. 1988.
MAY () R
ATTEf.T:
Ci t.y Clerk
First. Reading
Second R",adin"
II
6C,//("I,
.
~/,;
EXHLB LT__'A'
Commencing at the intersectioq of the center line of Atlantic
Avenue and the East right-of-way line of Andrews Avenue extended;
thence Northerly along the said East right-of-way line 537.83
feet to the Point of Beginning; thence continuing Northerly along
said East right-of-way line 75.00 feet; thence with an interior
angle to the left of 89 degrees 47' 30", 467. 9~) feet to the West
right-of-way line of Ocean Boulevard (S, R. AlA): thence with an
int,er i or angle of 81 degrees 18' 07" t.o the left,. 7~), 67 feet
Southwesterly along said West right-of-way line: thence with an
interior angle of 98 degrees 41' 53., 455.20 feet Westerly to the
Point of Beginning (containing 0.80 act'es, rnl)re i:lr less),
.]
ORDINANCE NO. 22-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE
FAMILY DWELLING) DISTRICT IN CF (COMMUNITY
FACILITIES) DISTRICT A PARCEL OF LAND LYING
AND BEING IN SECTION 16, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA; SAID LAND IS LOCATED NORTH
OF EAST ATLANTIC AVENUE AND SOUTH OF LOWRY
STREET, IF EXTENDED EASTWARD. BETWEEN STATE
ROAD NO. AlA AND ANDREWS AVENUE, AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1983";
PROVIDING A GENERAL REPEALER CLAUSE; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Sectio~ That the following described property in
the City of Delray Beach, Florida, is hereby rezoned and placed
in the CF (Community Facilities) District as defined in Chapter
30 of the Code of Ordinances of the City of Delray Beach, Flori-
da, to-wit:
See Exhibit "A" attached hereto and made a
part hereof.
Section 2. That
shall, upon the effective
Zoning Map of Delray Beach.
sions of Section 1 hereof.
the Planning Director of said City
date of this ordinance, change the
Florida, to conform with the provi-
Section 3._ That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading ___m
Second Reading ~_
1/
cfl-.--r ./ A'A .-")? f;f
EXHIBIT .JL..
Commencing at the intersectio~ of the center line of Atlantic
Avenue and the East right-of-way line of Andrews Avenue extended;
thence Northerly with said East right-of-way line 341.04 feet to
the Point of Beginning; thence continuing along said East"
right-of-way line 196.76 feet; thence with an interior angle to
the left of 89 degrees 47' 30", 455.20 feet. Easterly to the West
right-of-way line of Ocean Boulevard (S.R. AlA); thence with an
interior angle to the left of 81 degrees 18' 07", 199.28 feet.
Southwesterly along said West right-of-way line; thence with an
interior angle to t.he left of 98 degrees 41' 53", 425.38 feet to
the Point of Beginning (containing 2.08 acres, more or less).
.]
ORDINANCE NO. 23-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE
FAMILY DWELLING) DISTRICT IN LC (LIMITED
COMMERCIAL) DISTRICT A PARCEL OF LAND LYING
AND BEING IN SECTION 16, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA; SAID LAND IS LOCATED NORTH
OF EAST ATLANTIC AVENUE AND SOUTH OF LOWRY
STREET, IF EXTENDED EASTWARD, BETWEEN STATE
ROAD NO. AlA AND ANDREWS AVENUE, AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1983";
PROVIDING A GENERAL REPEALER CLAUSE; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
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 rezoned and placed
in the LC (Limited Commercial) District as defined in Chapter 30
of the Code of Ordinances of the City of Delray Beach, Florida.
to-wit;
See Exhibit "A" attached hereto and made a
part hereof.
~ That
shall, upon the effective
Zoning Map of Delray Beach,
sions of Section 1 hereof.
the Planning Director of said City
date of this ordinance, change the
Florida, to conform with the provi-
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
/ I
c<:. ~".f "A'c
,.,,,
~ - :::-;"
EXHIBIT "A"
PARCEL &;._
Commencing at the intersection of the center line of Atlantic
Avenue and the East right-of-way line of Andrews Avenue extended; ,
thence Northerly along the said East right-of-way line 554.83
feet to the Point of Beginning of said Parcel A; thence continu-
ing Northerly along said East right-of-way line 58.00 feet;
thence with an interior angle to the left of 89 degrees 47' 30",
467.95 feet to the West right-of-way line of Ocean Boulevard
(S. R. AlA); thence with an interior angle of 81 degrees 18' 07"
to the left, 58.67 feet Southwesterly along said West
right-of-way line; thence with an interior angle of 98 degrees
41' 53", 458.87 feet Westerly to the Point of Beginning (contain-
ing 0.617 acres, more or less);
TOGETHER WITH
PARCEL B;_.
Commencing at the intersection of the center line of Atlantic
Avenue and the East right-of-way line of Andrews Avenue extended;
thence Northerly with said East right-of-way line 341.04 feet to
the Point of Beginning; thence continuing Northerly along said
East right-of-way line 100,00 feet; thence with an interior angle
to the left of 89 degrees 47' 30", 155.00 feet; thence with an
interior angle to the left, 100.00 feet Southwesterly; thence
with an interior angle of 98 degrees 41' 53", 155.00 feet Wester-
ly to the Point of Beginning (containing 0.55 acres, more or
less) ,
.1
ORDINANCE NO. 24-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE
FAMILY DWELLING) DISTRICT IN CF (COMMUNITY
FACILITIES) DISTRICT A PARCEL OF LAND LYING
AND BEING IN SECTION 16, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, DEL RAY BEACH, PALM BEACH
COUNTY, FLORIDA; SAID LAND IS LOCATED NORTH
OF EAST ATLANTIC AVENUE AND SOUTH OF LOWRY
STREET, IF EXTENDED EASTWARD, BETWEEN STATE
ROAD NO. AlA AND ANDREWS AVENUE, AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1983";
PROVIDING A GENERAL REPEALER CLAUSE; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
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 rezoned and placed
in the CF (Community Facilities) District as defined in Chapter
30 of the Code of Ordinances of the City of Delray Beach, Flori-
da, to-wit:
,
See Exhibit "A" attached hereto and made a
part hereof.
Section 2. That
shall, upon the effective
Zoning Map of Delray Beach,
sions of Section 1 hereof.
the Planning Director of said City
date of this ordinance, change the
Florida, to conform with the provi-
Se~tion 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of
this ordinance or any portion thereof. any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of . 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
J I
~l'( ,/t'A...z v -F P
(~~,
EXHIBIT "A"
~<\;.;~;;;,:'
,,';"'u
L
,~ Commencing at the intersection of the center line of Atlantic
;ip.:.Avenue and the 8astright';'of-w.~y line of Andrews Avenue extended;
:.<:thence Northerly with said East right-of-way line 341. 04 feet to
f::;"'the Point' of. '~liinning; thence Norther 1y with said East
;;;?#ght-of-way line 113. 79 feet; thence with an interior' angle to"
'.i,;the left of 89 degrees 47' 30", Easterly 458.87 feet; thence with
: is,(:a.h interior angle ,to the right of 81 degrees 18' 07" , Southerly
~ ,'-' "','.
',266.86 feet; thenoe with an interior angle of 89 degrees 47' 30",
~:f.',1'lesterlY 262.55 feet; thence with an interior angle 90 degrees
.(:,,012' 30", Northerly 155.00 feet; thence with an exterior angle of
',<;;:,!~O degrees 121.30". Westerly 155.00 feet to the Point of Begin-
"~;'dl.ing (containing 2.26 acres. more or less).
' ">';~r~.:;<
,....:.;:-., '~
.~,':it~f~,:t
;.",,::,:
., ,,> :~.',~~>
'"J';;(t-r#~: -,'
" ""';~~Yi.~:,
.;:-.1,.;.-
!
I
I
:
DEP ART~ "CNT AL
CORRESPONDENCE
[ITY OF
DElRAY BEA[H
---,~(j
TO
G:x~~,~v ~~~ITY MANAGER
David ~ovacs. D~
Department of Planning and Zoning
FROM
SL;BJECT
CITY COMMISSION DOCUMENTATION
MEETING OF APRIL 12, 1988
FIRST READING OF VARIOUS ORDINANCES RELATED TO THE FIRE STATION #2
DECISION AND ALSO TO PROPERTY NORTH OF THE CAMINO REAL HOLIDAY INN
4-5-88
ITEMS BEFORE THE COMMISSION:
On this agenda there are several ordinances which have been
prepared for first reading. This process is being followed in
order to fast-track the decision making associated with potential
hotel expansion north of the Camino Real Holiday Inn and with the
siting of Fire Station #2 on Barrier Island.
All options have been prepared in ordinance form; however, the
City Commission need only to hold first reading on the directiqn
it wishes to pursue. Public hearings on the options will be held
by the Planning and zoning Board on April 11th. The Board's
recommendations will be presented at the commission meeting.
The ordinances which are selected for first reading will then be
scheduled for public hearing at the Commission's regular meeting
of April 26th.
The ordinances which have been placed on the agenda include:
I. Rezoning of City owned
from RM-15 to C.F. in
#2 at that site.
property at Miramar and Venetian
order to construct Fire Station
_ ~. Enacting a Local Land Use Map Amendment on 2.7 acres
north of the Camino Real Holiday Inn changing the
designation from MF-15 to C.
Rezoning of private property north of the Holiday Inn
>~ in two separate combinations (alternatives) of L.C. and
lb C.F. zoning in order to accommodate the potentials of:
a) hotel expansion,
b) beach parking,
c) fire station relocation or reconstruction.
1\
.c;j-
THE EFFORT ALWAYS MATTERS
I
I-t;
I
TO: Walter o. ~~rry, City Manager
RE: City Commission Documentation
Meeting of April 12, 1988
First Reading of Various Ordinances Related to the Fire
Station #2 Decision and Also to Property North of the
Camino Real Holiday Inn
Page 2
BACKGROUND:
See the
issues.
part of
attached summary
The detailed P &
the documentation
report for background on the general
Z staff reports will be included as a
for the public hearings.
ALTERNATIVE ACTIONS:
1. Defer any action until the next meeting of the City
Commission (This action would be contrary to
discussions with the owner of the property north of the
Camino Real Holiday Inn processing of his pending
application for land use and rezoning has already been
delayed in order to address all matters at a single
meeting).
2.
Approve
reflect
Board.
on first reading those ordinances
the recommendations of the Planning and
which
Zoning
3. Approve on first reading all ordinance options.
4. Select specific ordinances which the Commission feels
are most appropriate to consider at second reading.
RECOMMENDED ACTION:
Approval on first reading of those ordinances which reflect the
recommendations of the Planning and Zoning Board.
Attachments:
four ordinances, to be provided by the City Clerk
ref:DJK#18/A:ccfire
MEMORANDUM
.-.
TO:
, . DELRAY, BEA~HJPLrING, AND ZONING
~_".J .~.'-'~
DAVID ~VACS, DIREC~
DEPARTMENT OF PLANNING AND ZONING
BOARD
FROM:
SUBJECT: SUMMARY DOCUMENT REGARDING LAND USE ACTIONS ON THE
BOARD'S SPECIAL MEETING AGENDA OF APRIL 11, 1988
SITUATION:
At a Special Meeting of the Planning and Zoning Board which is
scheduled for Monday, April 11, 1988, three public hearing will
be aired. The public hearings involve:
a Land Use Plan Amendment proposing to change the
deSignation on privately owned land north of the Camino Real
Holiday Inn from High Density Residential to Commercial;
a Rezoning proposing to change the zoning on
owned land from High Density Residential
combination of Community Facilities (CF)
Commercial (LC) zoning; and,
that privately
(RM-lS) to a
and Limi ted
a Rezoning proposing to change the zoning on a City owned
parcel located at the corner of Venetian and Miramar from
High Density Residential (RM-15) to Community Facilities
(CF) .
There is a common element to each of these public hearings. That
common element is the siting of Fire Station #2.
FOCUS BEFORE- "THE BOARD:
The action before the Board is not only focussed upon the siting
of the fire station but also involves community issues of
economic development and beach parking, together with the always
present neighborhood issue of land USe compatibility.
.
I
,
To: Planning' i Zoning Board
Re: Summary D~~ument Regarding Land Use Ac~ions On The
Board's Special Meeting Agenda of April 11, 1988
April 4, 1988
Page 2
At the conclusion of the meeting, the Board should provide
recommendations to the City Commission regarding each of the land
use (plan amendment and zoning) questions, and by inference
direction regarding the ultimate siting of Fire Station #2.
EVENTS LEADING TO THE MONDAY EVENING SPECIAL MEETING:
There are three different activities which have all come to near
fruition at the same time. These are:
a) progress on the "Barrier Island" Fire Station relocation;
b) the provision of additional beach area parking; and,
c) expansion of the Camino Real Holiday Inn.
The events leading to each are briefly described in the following
material.
Fire Station Siting: In December, 1969, a bond election was held
for the purpose of funding water system improvements, a drainage
program in the area south of downtown, and purchase and
development of land for two fire stations. One of the fire
stations was to be west of the Intracoastal Waterway and one was
to replace the existing fire station on Barrier Island and was to
serve the south "beach" area. Separate \Totes were recorded for
each of the improvement programs. The fire station improvement
program received more votes then either of the other programs.
74% of the votes cast of the fire station issue were supportive
of it. Land was obtained for the fire station west of the
Intracoastal and it was built. A parcel of land at Venetian and
Miramar was purchased in 1971 for the Barrier Island Station (#2)
but limitations on funding precluded its construction at that
time.
The Miramar Fire Station site was shown on the City's Land Use
Map as property to be used for public purposes. No action was
taken to rezone the property since, in the 1970s, public
facilities were accommodated under any zoning designation. In
the 1980's when the Community Facilities (CF) zone district was
created, there was no attempt to rezone existing, or proposed
facilities, to that designation.
In 1986, the Fire Department, under the direction of Chief Kerry
Koen, investigated the Department's response times through a
computerized "response model" program. The potential of
relocating the Barrier Island Station from Andrews to Miramar was
assessed through that model. The relocation decision was
supported through that modeling.
,
I
To: Planning. i Zoning Board
Re: Summary D~_~ent Regarding Land Use Actions On The
Board's Special Meeting Agenda of April 11, 1988
April 4, 1988
Page 3
Later in 1986, construction funding for the Miramar site was
specifically targeted as a part of a $10,000,000 capital
improvement program financed by a Utilities Tax Bond. With
funding in-hand, the Department set about to proceed to design
and construction.
Beach Parking: Increasing the availability of off-street parking
for beach visitors is a continuing objective of the City. This
objective is particularly appropriate north of the downtown
where, at present, only one lot exists. This lot contains
twenty-four (24) metered spaces and is located immediately north
of the Camino Real Holiday Inn.
In an attempt to secure more beach related parking, the City
Commission in March of 1986, through resolution, approved the
concept of a land exchange between the City and Ocean Propertie&
(land owners of property north of the City parking lot -- and
land owners of the Camino Real HOliday Inn). Upon completion of
the land exchange, the City land would become a part of HOliday
Inn expansion plans (the property is already zoned L.C.); and, in
return, Ocean Properties would construct a forty-four (44) space
lot immediately south of the Manor House.
Thus, at no taxpayer cost, fifteen additional off-street parking
spaces would be provided along with attendant landscaping.
Economic Development -- Expansion of Camino Real Holiday Inn:
The expansion of the Holiday Inn has been recognized by the City
for quite some time. The Land Use Map of the Community
Redevelopment Plan specifically designated the vacant land north
of the Holiday Inn as commercial so that an expansion could be
accommodated. Ocean Properties requested the City to undertake
the administrative actions necessary to have a similar
designation placed on the City's Land Use Map; however, a change
of personnel in first the Planning Department, and then the City
Manager's Office, hindered initiation of those actions.
Early in 1988, Ocean Properties again approached the City and
stated that- it was necessary to proceed expeditiously since the
potential for expansion was at-hand. Arrangements were then made
to undertake the administrative actions necessary to first modify
the Land Use Map and then effect the appropriate rezonings.
From Independent Actions to a Consolidated Agenda: As each item
proceeded independently, actions occurred which necessitated a
reexamination of each to affirm their appropriateness or to
change the current course of action.
To: Planning' i zoning Board
Re: Summary D~_ument Regarding Land Use Actions On The
Board's Special Meeting Agenda of April 11, 1988
April 4, 1988
Page 4
First, objections were raised to the fire station siting at
Miramar after the design contract had been awarded site analysis
was about to commence. Concurrently, the boundaries for the
Ocean Properties' plan amendment and rezoning request were being
drawn. An expanded fire station site on that property was then
placed under consideration. Pursuant to new directives in the
conduct of City affairs, direction was given that the Miramar
fire station siting decision should be reviewed and that a formal
public hearing should be held for the purpose of rezoning the
site from its current high density residential designation to a
community facilities designation.
All independent processing was terminated and. the Planning
Department was directed to place all items before the Planning
and Zoning Board. Thus, the special hearing scheduled for April
11, 1988.
FRAMING THE PLANNING AND ZONING BOARD'S RESPONSIBILITY:
Detailed staff reports will be prepared for each of the separate
hearing items which are before the Board. They will be technical
in nature and will set parameters (findings to be made, etc.),
which must be followed when acting on each item. However,
because of the common element of the fire station siting and the
Board's other statutory responsibility of commenting on the
location of public facilities pursuant to its role as the Local
Planning Agency, the Board needs to develop an overall framework
for its decisions. Upon review of the detailed staff reports and
the conclusion of the public hearings, the Board may proceed in
one of the following manners:
a) The Status Quo: This alternative is to recommend
proceeding with the current activities as previously
directed and approved by the City Commission. This
alternative would result in:
19 additional parking spaces in a new 44 space
parking lot located along AlA (Ocean Boulevard)
immediately south of the Manor House (single bay
lot with landscaping at minimum requirements);
expansion of the Holiday Inn in a manner most
desired by the property owners;
construction of a fire station at Miramar and
Venetian on the site which was originally obtained
for that purpose; and,
the City retaining a 7,750 sq.ft. parcel (50' x
155') on Andrews which is the site of the current
fire station.
r
To: Planning.d Zoning Board
Re: Summary Document Regarding Land Use Actions On The
Board's Special Meeting Agenda of April 11, 1988
April 4, 1988
Page 5
bl
Changes in Direction: There is an opportunity,
perhaps appropriateness, in changing direction on
of the three components of this complex decision.
changes could include:
and
any
The
increasing, decreasing, or eliminating the
proposed beach parking area through a change in
land area dedicated to the use or a change in
design (considering a double bay lot - for greater
efficiency, and/or enhanced landscaping);
shifting the fire station siting away from the
Miramar property to the Andrews Avenue property;
attempting to accommodate public desires (parking
and/or fire station siting) to such an extent tha~
they hinder private plans for expansion of the
hotel;
divesting the City of its hOldings on Andrews.
The manner and degree of changes which are to be made in
each of the components of this overall matter will determine
the final outcome of the Board's recommendation.
FACTORS TO BE CONSIDERED IN FORMATION OF A RECOMMENDATION:
There are many factors to be considered in reaching a complete
recommendation on this complex directive. Many of these factors
are identified in the following material. They are listed from
the more general to the more specific. A particular decision on
any of the more general factors may preclude or make unnecessary
an action on a more specific factor; thus, it is appropriate to
work from the general to the specific. Summary comments of
several of the factors are presented with this material; details
of the analysis leading to these comments are found in the staff
reports fo~-the individual land use items.
Land Use Map Amendment: A failure to proceed with the map
amendment (RM-15 to C) will preclude expansion of the hotel.
Further, it would negate the City's directive to proceed with a
land eXChange. Parking would not be expanded and enhanced. The
fire station project would continue at Miramar unless the City
purchased additional property (20,150 sq.ft.l from Ocean
Properties. The Ocean Properties holdings would be marketed for
high density residential purposes (zoning district potential of
approximately 40 units).
l
To: Planning ,d Zoning Board
Re: Summary L ~ument Regarding Land Use A~ti6ns On The
Board's special Meeting Agenda of April 11, 1988
April 4, 1988
Page 6
Rezoning at Miramar and Venetian: Approval of the C.F. zone
designation would give a "green light" to the fire station
program (unless C.F. zoning was provided with a specific
restriction against a fire station, see options which follow).
Site design would incorporate features to minimize neighborhood
impacts e.g. providing a drive-through arrangement thus reducing
the need for backing movements and the associated acceleration
noise and "beeping"; boundary landscaping; and low building
profile.
Other public facility uses which could be made of the site
include:
location of a water storage tank;
improvement as a parking lot this use does
appropriate since it is 1,200 feet from the beach,
serve the north beach, is only 350 feet away
existing beach parking lot, and does not have a
way linking it to the beach;
not seem
does not
from an
pedestrian
development as a passive park i.e. leaving in its present
state -- there is much less a need for a park in this area
than in other portions of the community, funds for park
development are committed and long-term funding projections
are not favorable. This parcel would meet community park
needs best through its sale and allocation of revenue to
park development elsewhere.
If the C.F. zoning were rejected, the property should be sold
(since the reason for its original purchase would no longer be
valid). Under present zoning (RM-15), the property could be
developed with approximately fifteen (15) units.
Standards (criteria) which must be considered in the rezoning
decision include the seventeen items identified in Code Section
30-23-(D) in additional to general planning practice applied in
the determination of appropriate land use.
Rezoning on Andrews Avenue: This rezoning consideration is much
more complicated since three land uses may be involved - public
parking, a fire station, commercial expansion - not to mention
the potential for residential development (approximately 40 units
under current zoning). (Of course, if the land use amendment is
not approved, the complete discussion which follows is
meaningless).
.
, "
. .....
l
To: Planning ~nd Zoning Board
Re: Summary ~ument Regarding Land Use ^ctions On The
Board's Special Meeting Agenda of April 11, 1988
April 4, 1988
Page 7
Even if it is determined that the Miramar site is acceptable for
fire station siting, it is still appropriate to consider the
Andrews Avenue area as a fire station site. (See the next
analysis topic regarding site selection factors with respect to
fire station siting). Two options are available in terms of
zoning along Andrews. One is expansion at the existing location
i.e. adding approximately 20,000 sq. ft. The other is relocating
to the north part of the Ocean Properties site on a 27,900 sq.ft.
parcel. While the present facility has been generally accepted
within the neighborhood, relocation to the north can be expected
to engender opposition since it would represent an encroachment
into a residential area.
Regardless of the fire station decision, the original concept of
a single bay, 44 space parking lot along the north property line
should be reexamined. By increasing the width of the lot from
the previous agreement of 58' to 75' the number of parking spaces
could be doubled. The initial site plan allowed for only the
minimum requirement of landscaping along AlA. That amount is far
less than provided in other beach parking lots where some 30\ of
the ocean side of the lot is landscaped. 30,355 sq.ft. of lot
area would be required for a parking lot similar to other beach
parking lots along with the additional width to maximize use.
27,086 sq.ft. is provided pursuant to the conceptual land
exchange agreement. In all cases, it appears that it is most
appropriate that any parking be located along the south boundary
of the Manor House. thus providing a land use separation between
the Manor House and either commercial or community facility land
use to the south.
The property devoted to expansion of commercial use, as
envisioned by the property owner, was approximately 2.6 acres or
112,900 sq. ft. of land area. To accommodate fire station
expansion and the best parking lot development that area would be
reduced by 23,419 sq.ft. or 21\. Undoubtedly this occurrence
would terminate current expansion plans. The immediate result
may be that the City would have to purchase this additional
property (and perhaps the original 27,086 devoted to parking
through the_land exchange for a total purchase of 50,505 sq.ft.l
When considering that the only funds' currently available are
those set-aside in the Utility Tax Bond for construction, it
becomes apparent that the City will not be able to exact the
ultimate in fire station siting and beach parking at the Andrews
Avenue site.
Again any rezoning action must consider the seventeen standards
in Code Section 30-23-(D) and good planning practice.
r
""'"
To: Planning c , Zoning Board
Re: Summary Do_~ent Regarding Land Use Ac~ions On The
Board's Special Meeting Agenda of April 11, 1988
April 4, 1988
Page 8
Fire Station Siting: The Planning and Zoning Board is also the
Local Planning Agency. As such, it is to provide recommendations
in the siting of public facilities. This role goes beyond that
of land use and includes capital improvement programming Le.
consideration of financing, service, and need.
Since 1969 it has been determined that reconstruction (and
relocation) of the Barrier Island Fire Station is a City
objective. The eXisting facility is undersized and cannot be
renovated (documentation exists in staff reports).
The two sites which are under scrutiny at present both have an
acceptable response time scenario with the Miramar having a
slightly better scenario.
The construction costs
the ultimate cost of
Andrews requires costs
of a two story fire station may add 20\ to
the facility. A one story facility at'
for the acquisition of more land.
Two known, but non-q1,1antified factors, which also have some
bearing are: a) the Miramar site will require substantial site
preparation; and, b) the Andrews Avenue site should require
signalization at Andrews, will require substantial site
preparation associated with the expansion option (adjusting the
grade), may require rework of a portion of Andrews Avenue, and
should necessitate removal of some on-street parking along
Andrews.
Land Use issues aside, the above factors favor siting the fire
station at Miramar and Venetian.
Site Design Impact Mitigation: At the present level of
consideration, Le. rezoning, it is generally inappropriate to
consider specific site design issues. However, in this
circumstance since City owned property is involved, it is
appropriate to establish guidance, if not specific criteria,
which any subsequent development plan must meet.
EVOLVED RECOMMENDATION:
In working through the above information and approach to
analysis, coupled with the facts which have been provided to-date
along with comments already received from the public, a scenario
has evolved. This scenario is the tentative planninq staff
recommendation and is as follows:
1. Recommend approval of the Land Use Plan Amendment thus
changing an area of 2.7 acres from P and MF-1S to C.
This is a local amendment since it involves less than 3
acres.
. .
-,
l
To: Planning an' zoning Board
Re: Summary Doc .ent Regarding Land Use Act._,ms On The
Board's Special Meeting Agenda of April 11, 1988
April 4, 1988
Page 9
2. Recommend rezoning the City owned property at Miramar
and Venetian from RM-15 to C.F. for the purpose of
construction Fire Station *2 at that site.
3. Recommend rezoning the northerly 75' of the current
Ocean Properties holdings from RM-15 to C.F. for the
purpose of developing a beach parking facility.
4. Recommend that in exchange for the additional 3,500
sq. ft. required for the expanded parking area, the City
negotiate the transfer of the remaining City holdings
on Andrews (7,750 sq.ft.) but also receive the
following:
Ocean Properties absorbing the increased
construction cost for the expanded parking lot;
Ocean Properties providing the increased
landscaping along AlA entry to the parking area;
Ocean Properties accept the drainage from the
parking area onto its remaining parcel and the
ultimate disposition of such drainage;
Ocean Properties shall be responsible for the
demolition of the old fire station immediately
upon its abandonment by the City.
5. Provide guidance that the resulting beach parking
facility have a minimum of sixty parking spaces and
that it shall have substantial landscaping within its
eastern (AlA) portion.
METHOD OF PROCEEDING:
The following framework is suggested as the manner of proceeding
at the public hearings:
1. Introduction of overall subject by the planning Staff.
2. Board questions as to the subject matter before them.
3. opening of the first public hearing and taking
testimony which relates only to that topic (not the
more complex matter of the entire issue before the
Board) and then continue the hearing to later in the
agenda. In this manner specific testimony which may
need to be in the record on each specific hearing is
appropriately entered.
I
t r
,.,...
I
To: Planning a~~ Zoning Board
Re: Summary D~ ~ent Regarding Land Use A~~ions On The
Board's Special Meeting Agenda of April 11, 1988
April 4, 1988
Page 10
4. Repeat step 3 with the next two pUblic hearing items.
5.
Reopen the previous hearings in total and
testimony on the "evolved recommendation",
substitute, if one is provided by staff.
completion of this testimony close the public
portion of the agenda.
allow
or its
At the
hearing
6. Board discussion and formation of its recommendation to
the City Commission.
Note: Each individual recommendation as to the land use
map' amendment and each rezoning action must be based
upon stated findings.
c:
Walter o. Barry, City Manager
Kerry Koen, Fire Chief
Joe Weldon, Director of Parks and Recreation
Betty Matthews, Beach Property OWners Association
Douglas Brown, Venetian Drive resident (petition spokesman)
Ray Ashmore, Manor House Manager
Tom MCMurrain, Ocean Properties
Ken Simback, Executive Director,
Community Redevelopment Agency
Technical Review Committee Members
Project File
REF/DJK#16/B:FIRESUM.TXT
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I
FROM
KERRY B. KOEN, FIRE CHIEF
[ITY DF ~
DElRAY BEA[H
~~(j
DEPARTt\ ~NTAL
CORRESPONDENCE
TO
DAVID KOVACS, PLANNING DIRECTOR
SUBJECT
FIRE STATION LOCATION ANALYSIS
DATE
3-29-88
The City of Delray Beach purchased a computer based fire
station location model in July of 1986 to assist the Fire
Department in evaluating the efficiency of current fire station
locations. The model permits both present and projected community
fire protection and emergency medical service requirements to be
systematically evaluated.
This model is not designed to "select" fire station sites.
It is designed to facilitate a complex process by allowing th~
Fire Department to develop several site selection scenarios which
can be compared with current coverage patterns and achieved
travel times. It is important to note that fire stations must be
located not only to cover a "first due" response territory, but
also to provide expeditious supplementary response to other
portions of the community. This supplementary response may be
necessary to cover another fire station's firs~-due territory if
the engine company or rescue unit designated to serve this area
is assigned to another active incident; provide second or third
due response assignments to structural fires or other emergencies
where additional equipment and personnel are required; or to
cover an open territory when units are assigned to training or
out of service for maintenance or repairs. Accordingly, fire
station sites must be carefully selected to provide primary and
supplemental coverage consistent with potential hazards, risks,
and call loads.
METHODOLOGY
A project team consisting of various departmental personnel
with a variety of expertise was named by the Fire Chief to
formulate the necessary work methods, including a city wide risk
analysis of buildings and structures. This risk analysis would
later be the basis for initial input to the model to determine
relative effectiveness of selected alternative station site
scenarios.
Page 1
CM 362
THE EFFORT ALWAYS Mp,TTERS
l
The sixteen square miles of the city were divided into 386
"Fire Demand" zones which grouped similar hazards found in these
relatively small geographical areas. A focal point, or centroid,
was selected within each zone, approximately equidistant from all
zone boundaries, to represent the zone for modeling purposes.
Each fire demand zone was sized ~elative to the type of risk
contained in the zone. Zones containing the more severe hazards
were typically sized smaller than those zones containing less
severe hazards. A scale of five risk levels was used for this
purpose.
A computer readable street and highway network was developed
by the project team. This process required the precise
measurement of all road segments within the city which might be
used by the Fire Department when responding to emergencies.
Measurements were made from intersection to intersection where a
"node" was designa ted to represent the intersect ion. The
distance between each node was designated as a "link" and
direction of travel and achieved average travel speeds were
assigned in each instance. Each data element was entered to the
appropriate model subprogram.
STATION SITES
Presently, the City of Delray Beach has four fire stations.
Each of these fire station sites was incorporated into the
previously described computer readable street and highway network
file. In addition, each existing station site was assigned
between five and fifteen fOal terna te" Ista t ion sites wi thin the
street network files for use during the analysis phase. These
alternate sites were distributed in such a manner to create site
scenarios to determine whether or not an improvement in travel
time might be achieved if existing stations were relocated. It
is important to emphasize that none of the alternate sites were
selected by the project team on the basis of availability or
affordability of land, but rather to permit the project team,
using the model, to analyze alternatives which might then lead to
further investigation of a travel time improvement, if
improvement was achieved. These alternate sites might best be
described as intersection designations rather than specific
parcels. This technique is standard methodology when applying
this type of model.
PRELIMINARY ANALYSIS
One of the main reasons leading to the implementation of the
fire station location model was the imminent need to replace two
existing fire stations, both constructed in 1955, and to
determine an appropriate site for a future fire station in the
southwestern portion of the city. The additional fire station
Page 2
I
location is needed to reduce excessive response times in that
portion of the community, and to provide additional system
capacity for both fire operations and emergency medical services
on a city wide basis. The two older existing fire stations are
extremely small and no longer serve the needs of the community.
Neither site leads itself to suitable expansion. One of these
older stations, Fire Station No. 2 at 23 Andrews Avenue, is
approved in the current capital improvements program budget for
reconstruction. A replacement for Fire Department Headquarters,
presently at 101 West Atlantic Avenue, has been requested by the
Fire Department and the City Administration and has been included
in the current five year infrastructure plan. Similarly, future
Fire Station No. 5 in the southwest area of the city has also
been requested and is included in the same capital improvements
program. Neither of these two projects is currently funded.
A contract has now been negotiated with an architectural
firm to design a replacement facility for Fire Station No.2.
Therefore, a determination regarding a site selection must be
made as soon as possible. Further, a site must also be selected
for Fire Department Headquarters in the immediate future in order
that a project budget may be developed and land acquisition may.
be finalized. Site selection for future Fire Station No. 5 is
equally important, given the limited availability of land in this
area suitable for a fire station location.
FIRE STATION NO. 2
Fire Station No. 2 primarily serves the area of the
community east of the Intracoastal Waterway. In addition to the
present site, five alternate sites (intersection designations)
were included in the street and highway system network:
23 Andrews Avenue (current site)
Miramar and Venetian
Casuarina and Gleason
Linton Blvd. and South Ocean Blvd.
Vista Del Mar and North Ocean Blvd.
Andrews Avenue and N.E. 8th Street
Data related to the six sites in this geographical area
indicated that a site in the vicinity of Casuarina and Gleason
produced the lowest overall average travel time to all fire
Page 3
l
demand zones served initially by units from thi~ flcility. This
is not surprising given the approximate equal distance from both
the north and south ends of the first due response area; the
relatively narrow width of the service area; and the relatively
even distribution of structural risks throughout the response
area. However, this alternate site does not produce a
supplementary response pattern west of the Intracoastal Waterway
which is as efficient as the current site, or the site at Miramar
and Venetian Drive. This is primarily due to the very limited
east/west road network dependent entirely upon the three bridges
serving the area namely the Linton Boulevard Bridge, the
Atlantic Avenue Bridge and the Eighth Street Bridge.
AVERAGE TRAVEL TIMES - EXISTING AND ALTERNATE SITES
LOCATION AVERAGE TRAVEL TIME
Casuarina and Gleason 2.03 Min.
Miramar and Venetian 2.25 Min.
23 Andrews Avenue 2.29 Min.
Vista Del Mar and North Ocean 2.63 Min.
Linton Blvd. and South Ocean 2.87 Min.
Andrews Avenue and N.E. 8 St. 3.72 Min.
I
During the process of evaluating alternative sites, several
configuration and construction options have been explored. These
options include:
1. The construction of a one story fire station on the City
owned sites at Venetian and Miramar.
2. The construction of a one story fire station immediately
north of the present fire station.
3. The construction of a two story fire station immediately
north of the present fire station.
4. The construction of a one story fire station on Andrews
Avenue at the north end of the parcel owned by Ocean
Properties.
5. The construction of a two story fire station on Andrews
Avenue at the north end of the parcel owned by Ocean
Properties.
Page 4
l
6.
The construction of a one story fire station on the
present parking lot occupied by Manor House at the
corner of Lowry and Andrews.
The construction of a two story fire station on the
present parking rot occupied by Manor House at the
corner of Lowry and Andrews.
7.
In a general sense, all of these sites would provide
approximately the same overall average response time for the
first due response territory. In addition, several of these
options could be developed into a workable plan to provide an
appropriate sized facility and reasonable amounts of parking.
However, as we look at the finer points of each option, we must
consider off site improvements, ownership of land, acquisition of
additional property, routing of emergency equipment, etc.
Accordingly, the Fire Department feels that the replacement
facility should be constructed on the municipally owned property
on the southeast corner of Miramar and Venetian Drive for the
following reasons:
1. The site is located on a street system of adequate width.
and it is within a relatively short distance of Atlantic
Avenue and the Atlantic Avenue Bridge. This location
would expedite response and improve safety by using the
signalized intersection at Venetian Drive and East
Atlantic Avenue for a major portion of emergency
responses. In addition, this intersection provides
excellent visibility [or both emergency equipment
operators and motorists. The optional sites along
Andrews Avenue would be using Andrews Avenue for primary
access to either the north or south. If any of these
sites are used, Andrews Avenue should be considered for
improvement, including a signalized intersection at
Andrews and East Atlantic.
2. The property is owned by the City of Delray Beach. It
was purchased in 1971 for the purpose of constructing a
replacement fire station. If any of the optional sites
along Andrews Avenue are used additional property would
have to be acquired.
3. The property is of adequate size to accommodate a fire
station to meet the needs of the community both now and
in the future. The optional sites along Andrews would
typically utilize smaller lots which might limit the
utility of the facility in the future.
4. The property occupies a corner site which has definite
advantages with reference to ingress and egress for both
Page 5
l
emergency equipment, staff and the public.
of this size would permit rear drive access
apparatus area. This option would not be
any of the Andrews Avenue sites were
additional depth were acquired.
A corner lot
to the fire
available if
used unless
5.
No other suitable vacant property exists
which is owned by the City. Acquisition
additional land could be very high without
offsetting service improvement benefits.
in the area
costs for
significant
6. The site does provide a slightly improved overall travel
time when compared to the current site or the Andrews
Avenue alternatives. Further, the ability to respond
rapidly westward to support other units on a citywide
basis is enhanced given the proximity to the Atlantic
Avenue Bridge.
Should you require additional information
issue prior to the scheduled hearing before the
Zoning Board on April 11, 1988, please contact me.
concerning this
Planning and
\!~ ~~. \~--
Kerry B. Koen
Fire Chief
cc; Mr. Barry
KBK/ew
Page 6
I
(lllrlC
S( hneiLIc,
A..:;sociatc's
-\1\ 1'\
"1,1,,:,<1
,\ 1:;1"11'" i)'-',:I1"1
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Deird\ lk.l: h fl
j ',';4-1
lfl'), 276-4';l')1.
lYl.SSlJ.?, :"37-2279
March 29. 1988
CITY OF DELRAY BEACH
100 NW 1st Avenue
Delray Beach. Florida
33444
Re: Remodelina of Rxistlnq P,rp ~t~t10n R7446 01
Delray Rea~h Fira Station on Barrier Tsland
To Whom It Mav Con~ern:
We feel that It IS not prlldpnt tl~' rpfnnrl.f>] nr (~onstrucr an
addi tion to the e:<ist j ng stat ion nn Annl-ews Avenue. Problems
arIse In the rpmnneJlnq of the f>X1st1na strll~t"rf>. namely, It
must be re-des I qned for a<:ldi t I ona I f I nor loads (1. e. excavat i ng
to foundation and addlna ad<:lltl0nal sUDDort to the footinas and
walls: removal and replacement of the roof anli its structure;
installation of a ~entral HVAC system and the entIre electrIcal
system is undersjzed and reqlllYAS rpn!arpm~nt). AddItionally,
any parlong ,'It tl,e p'ar ,-,f n.", 1-,,1I1-1,n<1 WIll no lonaer be
accessibl", from thf> (W~~AN r'F:,Wr:RTfEf;, LTD. site (,'amIno Real
Hotel) and will reqUIre the ollr~hClc"" otadriitlonallandfor
access.
It is in nllr npinlnn that thp nt~~rtiralltv
adding to this bui IdIncr w0111!i b" m'".", C'",-;t Iv
and would result: In r1 lessp:r desinn l-PSlIlt.
nf
rlnd
remoriellng "nd
time consuminq.
If there are Clny further quest inns cnn~ern]na this matter, please
contact us at ynlll" f'cirl iest rc.nvenl pnc-p. <
Sincerely.
C JRRIE srllNETlIF:n ilSSn('1 ATE:~ A [ ^
JObert G.~
F>artner
1._, A
.,
RGC/jp
A:site.446
\
CUI fll'
Sch neid,
Associates
AlA" PA
.\ i,,'.""" ;J,.",''''
25 ....l'dhr('l'/{'
rklr<l~' HI'JI h. f I
33444
March 30. 1988
'lO5/276-4951.
391~5S92, 737-227g
CITY OF DELRAY BEACH
100 NW 1st Avenue
Delray Beach. Florida
3:1444
Re: DELRAY BEACH FIRE :3TATION on Barr1er Island
Site Plan Analys1s 87446.01
To Whom It May Concern:
As reguested by the r::ity of Delray Beach. we investigated two
sites for the proposed new fIre stat10n No.2. one on Andrews
Avenue and one on Miramar Drive. The Andrews Avenue slte was to
incorporate variations for building type and to examine the
possibility of retaininq the existing facilitv while
construction would proceed on the new building. Eight (8) site
alternatives Werf' statf'd 1n a br1ef1ncr memo received by th1S
office on February 29. 1988. Four (4) additional site plans were
later requested to be drawn in addIt10n to the previous eig~t
(8). for a total of twelve (12) sit.e alternatives. A preliminary
program for the stat1<m was establIshed w1th Chief Koen to set
the perImeters for these SIte evaluations and they are as
follows:
*
Apparatus room to contaIn three (3) bays. BU1ld1ncr to be
two (2) story In heicrht:
GENERAL AREAS
Reception
Medical Treatment
Watch Room
Decontamination
Storage B1ns for FIre Equ1pment
Repa1r Workshop
Hose Tower two (2) story height
Hose Storage
*
Site is to include Spaces for:
Hose Drying & Clean1ncr
Maintenance
Training Functions
Sixteen (16) Parkincr Spaces one III of Wh1Ch 1S for
Handicapped
A ten foot by twelve foot 110' X 12') dumpster
enclosure
*
Livinq quarters to include spaces tor:
Sleeping Accomodatlons for sixteen (16) beds and
One (11 officer'R RU1te
Ei ght (R) st udy spaces
l
CITY OF DELRA Y BEACH
DELRAY BEACH FIRE STATION on BarrIer Island
Page 2 of ;,
March 30. 1988
Forty 1401 lockers
Showers and Restroom facilities
TrainIng/Classroom for ten (10) people
Workout Space
Open Eating Area
Day Room
As a result of these requirements. we have assumed a basic square
footage and floor plan for a single story buildinq and a two (2J
story building. We have also made other basic assumptions which
are as noted below:
Soil bearIng capacity to be the same on all sites and usinq
a qeneric figure of 2000 PSI.
All utilities are equally accessible and require the same
scope of work.
Site drainaqe to be equal in scope of work.
All building materIals. type and Intent to be equal.
Building proqram to remaIn constant with exceptIon that a
two (2) story buildIna will include two (2) staIrs. an
elevator and fire poles.
Type and intent of landscaping to be equal. however.
quantity may vary wIth lot size.
Diesel fuel tanks are to be provided on the site and the
scope of work is assumed equal.
After the plans were prepared. a request was made to evaluate the
possible costs relating to each SIte. The evaluations of the
site as prepared by the ArchItect. represent the ArchItect.s best
jUdgment as a design professional familiar with the construction
industry. It is necognized. however. that the Architect has no
control over the cost of labor. materials or equipment. over the
Contractor's methods of determining bid prices. or over
competitive biddinq. market or negotiatIng conditions.
Accordingly. the Architect cannot and does not warrant or
represent that these estimates will not vary from the actual
construction costs of the proJect. This is NO~ intended to be a
f..11'1>1 a na I ys is.
1 A5a & A5b AS9:l.1me @ 100% Cost 1 the recommended best site)
2 Ala & Alb Assume @ 115% Cost
3 A4a Assume @ 120% Cost
4 A2a & A2b Assume @ 130% Cost
5 I\4b Assume Ig 135% Cost
Sincerely.
C RRIE CHNET lER ASSOCIATES AlA. PA
CurrIe. AlA
l
CITY OF DELRAY BEACH
DEL RAY BEACH FIRE STATlnN nn
l-larrler
Paae 3
March 30.
of 3
1988
I s I and
Ajl[llT 10l'lA1~S.C(JPE()F .WUBK
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Site : 0 0
s::.learil}g________u :
Material
Storaqe (Site)
Asbestos
DemolItion
Asphalt Site
Demolition
Earthwork
(Gradinq/Filll
Concrete
Curb
Retaining Wall
(east side)
Landscaping
( i ncre~~d__g.Ie~L____L_,l___ _ __~___
Additional
Founda t i on_______'-__~ ____
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SteeJ~____.__.._ _.~___.._..l______,_L._
Stairs
(concrete _ or ~_L!!Pl._:____--,-.,__L_O
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Fire Doors
Rated
Shaftwal1s
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Poles
Additional
HVAC
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A6b do not meet required program due
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/~
[ITY DF DElRAY BEACH
CITY ATTORNEY'S OFFICE
MEMORANDUM
RECEIVED
Date:
April 4, 1988
APR 5 1988
To: David Kovacs, Director of Planningf'LAtJNING
From: Susan A. Ruby, Assistant City Attorney
SUbject: Notice Requirements for City's Initiated Rezonings of
Public Property
T have received your memorandum on the above-referenced
subject. In response to your memorandum of March 29, 1988 you
posed three questions. In response to your first question, it
is our office's opinion that it is not technically necessary to
give the notice prescribed by Florida Statutes Section
l66.04l(3)(c), when the City is rezoning public versus private
property. In fact, it is our position that it is not necessary
to go through any formal process of rezoning if it concerns
public property, as the City is not bound by zoning
requirements.
However, in light of our past actions, and previous rezonings
of public properties, it would be best to follow the same
procedures that ~le have followed in other similar cases.
As stated previously, while it is technically not required to
give the notice prescribed by Florida Statutes for City
initiated rezonings when the City is rezoning pUblic property,
. ~J. it is a policy decision as to whether or not the City desires
\ 'l""" \...-.\ to give the type of notice required by the statute for the
Q(lII' \ rezoning of private property when zoning public properties.
~ ~~ Therefore, this decision should be made by the City Commission.
"O/'
Your second quest.ion concerned whether the notice provisions
apply to the Ocean Property (Holiday Inn) site since the
rezoning was first initiated by a private property owner.
Again, it is technically not necessary to provide the notice
required by Florida Statute l66.04l(3)(c) when the rezoning is
initiated by a private party for private property as is
apparently the case with regard to the Ocean Property site.
However, it is our office's opinion that we should treat all
rezonings to C. F. zoning districts, as far as notice
requirements are concerned, in the same manner. Thus it is
necessary for you to research our past actions to see what
l
David Kovacs, Director of Planning
April 4, 1988
Page 2
notice we have provided when the rezoning was to a C.F. zoning
district category.
In response to your third inquiry concerning affected property
owners, it would be prudent to notify property owners within
500' of the property to be rezoned.
The questions posed by you in your memorandum of March 29, 1988
required policy decisions as to which kinds of notices the City
intends to provide when rezoning property to the C. F . zoning
district.
If you should have any further questions regarding this matter,
please do not hesitate to contact our office.
~
SAR:ci
cc Walter o. Barry, City Manager
Elizabeth Arnau, City Clerk
,0
FROM
SUBJECT
'eN'"
eM 362
DEPARTf\ -=NTAL [ITY OF
CORRESPONDENC~~Ec::,,'~') 011: ..DElRAY BEA[H
~ Thiel~, City Attorney cij0r~~~-,~~,:-,,-=- ~
~~~ov C\'1"."-'.".o., .~~(i
David J. Kovacs, Di~or
Department of Planning and Zoning
NOTICE REQUIREMENTS FOR CITY INITIATED REZONING AS THEY
PERTAIN TO ADJACENT OWNERS
DATE March 29,1988
************* HIGH PRIORITY ITEM ---- URGENT **************
SITUATION:
F.S. 1985, Chapter 166.041 (3){c) sets forth procedures for
noticing rezonings of private real property which are initiated by
a governing body.
Subsection (c)l. requires written notice to each real property
owner whose land the municipality will rezone or whose land will
be affected by the change in permitted use ...... These notices
are to be given at least 30 days prior to a public hearing which
is to be held before the governing body.
The City is considering a rezoning of City owned land at Miramar
and Venetian from RM-15 to C.F.
The City is considering a rezoning of privately owned land north
of the Holiday Inn from RM-15 to L.C. in-part, and C.F. in-part.
The private property owner has initiated the rezoning petition
and will/is amending it, as necessary, to accommodate the desires
of the City with respect to the ultimate description of the C.F.
designation.
OPINIONS REQUESTED:
1.
Do the notice provisions of l66.04l(3)(c) not apply to the
Miramar/Venetian site since it is municipally owned?
2.
Do the notice provisions also not apply to the Ocean
Properties site since the rezoning was first initiated by a
private property owner?
iftJ
THE EFFORT ALWAYS MATTERS
1'0:
Re:
Herb Thie. , City Attorney
Notice Requests For City Initiated Rezoning
As They Pertain To Adjacent Owners
March 29, 1988
Page 2
3.
In the eVent that either of the above opinions are negative,
is the special 30 day notice requirement apply to property
owners within 500 feet of the property to be rezoned in
addition to the property owner i. e. what is the effect of
the term "whose land will be affected"?
a) there are no standards in the statute
b) the 500' standard is found in our zoning code as the
property to be noticed for the P & Z hearing ...
c) it has been City practice to notify owners within 500'.
URGENCY:
First reading of affected ordinance is scheduled for April 12th.,
It is desired that second reading (public hearing) be held on
April 24th. If opinions #1 or #2 are negative and opinion #3
requires notice to property owners within 500', a 30 day notice
will be required. If we provide notice prior to first reading
we can have the public hearing on May 10th; however, we may
notice an item which may not appear before the City Commission
(i.e. if they do not hold first reading). If we provide notice
after first reading, the public hearing will not be until May
24th.
Since the resolution of this matter is of urgency to the City, an
immediate response is requested.
Note:
In all cases, normal and proper notice requirements
have been made for the P & Z hearings and are scheduled
for normal enactment of City ordinances.
c:
Walter o. Barry, City Manager
Elizabeth Arnau, City Clerk
Kerry Koen, Fire Chief
Project File
REF/DJK#16/B:OPINION.TXT
l
DEPART~AENT AL
CORRESPt;NDENCE
TO
( Walter O.fBtn' City Manager
~.lt.-.J c_ (' -<J\J ./-'\00 W'
David J. Kovacs, Dir~
Department of Planning and Zoning
FRO~"'
CITY COMMISSION DOCUMENTATION - SUPPLEMENTAL
MEETING OF APRIL 12, 1988
SUBJECT ORDINANCE REGARDING REZONING AND PLAN AMENDMENTS
April 6, 1988
Attached is a memorandum exchange between Assistant City Attorney
Susan Ruby and myself. The point upon which these memo focuses
is whether or not it is necessary, or desirable, that a special
notice to individual property owners be provided with respect to
the City Commission pUblic hearing on the rezoning involving the
City owned Miramar/Venetian property.
It is determined that a special notice mailed thirty days prior
to the pUblic hearing is not required since the City is rezoning
its own property. If the City were initiating rezoning of private
property, it is clear that such notice would be required.
We have noticed, through individual letters, the public hearing
before the Planning and Zoning Board. This notice is in addition
to that required by Florida Statute for the rezoning of City
owned land.
Thus, we have provided notice, by individual letter, to owners of
property within 500 feet of the City owned land to be rezoned of
the rezoning actions which are before the City.
It is Ms. Ruby's thought that it is a policy decision as to
whether or not the rezoning of public land should be handled the
same as would be required for the City initiated rezoning of
privately owned property. See paragraph three of her memo. I
agree with that position.
In the case at-hand, the interdependency of rezoning actions on
separate properties creates a unique situation. Sufficient
notice has been given as required by law. Notice to individual
property owners has been given of the pending rezoning actions.
What would not be achieved if we were to proceed (without a
adhering to the requirements which apply to private property) is
that another letter to individuals notifying them of the City
Commission hearing dates would not be sent out thirty days prior
to said hearing date.
~'''~ JG 2
TrlF ErFORT ALWAYS MATT~RS
.
To: Walter o. .rry, City Manager
Re: City Commission Documentation - Supplemental
Meeting of April 12, 1988
Ordinance Regarding Rezoning and Plan Amendments
Page 2
Reguested Direction: It appears that the City Commission,
at the time of first reading of the Miramar/Venetian rezoning
ordinance should make a determination regarding this matter.
I recommend that a special 30 notice not be required in that
equivalent notice that certain rezoning hearings are before the
City has been given (notices mailed with respect to the Planning
and Zoning Board hearing).
My recommendation is based on:
1) that the interdependency of all items before the City
makes this a unique situation;
2) if a special mailing is made for Miramar site (when not
required) it can be argued by residents by the Andrews
site that they should also receive such a special
notice;
3) accommodating a thirty day notice would set the
earliest consideration of this matter at the public
hearing level before the City Commission on May 10th.
If new information is gained at that time, the ultimate decision
may be further delayed. Since the fire station, parking, and
hotel expansion issues are all of paramount interest to City
residents, I feel they should be addressed in a combined fashion
at the earliest possible date before the Commission.
Although not recommended, the Commission may desire to provide a
special notice, less than 30 days in advance, to property owners
within 500 feet of both the Miramar and Andrews site.
Attachment:
- memo exchange Kovacs and Ruby
I
-
DEPART~r:NTAL
CORRESPONDENCE
CITY OF
DElRAY BEA[H
.~..-.
'~~~\
-~~~~!
~TER O. BARRY, CITY MANAGER
~ U-~ j ,Va vCv"'l-
David J. Kovacs, Direccor
Department of Planning and Zoning
CITY COMMISSION DOCUMENTATION
REGULAR MEETING OF APRIL 12, 1988
:T CONSIDERATION OF A CONDITIONAL USE REQUEST AND ATTENDANT SITE PLAN
FOR HONEY BEE'S NAPS AND LAPS, A DAY CARE FACILITY
ITEM BEFORE THE COMMISSION:
4-5-88
The action
conditional
site plan.
requested of the City Commission is approval of a
use request for a day care center and its attendant
Action is by motion. This item can be placed on the consent
agenda.
.
BACKGROUND:
Attached is the Planning and Zoning Board staff report which
provides complete background. Initially the submittal was quite
lacking and unacceptable. After an informal workshop discussion
with the planning and Zoning Board, the property owner worked
with Paul Darling of our staff in the preparation of a site
layout which meets code requirements. Those items which exist
and must be altered have been reflected in the recommended
conditions of approval.
There was no public comment at the Board's public hearing.
Subsequent to the P & Z Board's action, the project has cleared
the Community Appearance Board.
ALTERNATIVE ACTIONS:
1.
Approve based
conditions as
Board.
upon the findings
recommended by the
and subject
planning and
to the
Zoning
2. Continue with direction.
3. Deny based upon specifically cited ,factors.
)t-
T; _ Ec:f:()RT AL/',;"( M .'1. -
l
TO: Walter o. Be y, City Manager
RE: City Commiss~on Documentation
Regular Meeting of April 12, 1988
Consideration of a Conditional Use Request and
Attendant site Plan for Honey Bee's Naps and Laps, a
Day Care Facility
Page 2
RECOMMENDED ACTION:
By motion, approval of the conditional use request and
site plan for Honey Bee's Naps and Laps Day Care Center
to the recommendation of the planning and Zoning Board.
attendant
pursuant
Attachment:
- P & Z Staff Report
ref:DJK#18/A:ccnaplap
,
PLANNING 8 LJNING
CITY OF OELRAY
BOARD
BEACH
STAFF REPORT
MEETING ffiTE:
MARCH 21, 1988
AGENDA 1 TEM:
III. C.
ITEM:
CONSIDERATION OF A CONDITONAL USE REQUEST FOR HONEY BEE'S NAP AND LAP,
NW 2nd STREET AND NW 6th AVENUE AND ATTENDANT SITE PLAN
. .
..
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GENERAL DATA: . .
OWner...........................Edward and Gloria Sutton
Applicant.......................Edward and Gloria Sutton
Location........................Northwest corner of N.W. 2nd
Street and N.W. 6th Avenue
Property Size................... . 246 acres (10,701 sq.ft.l
City Plan Designation...........SF - Sinqle Family
ZOnln9..........................North, south, east and west of
subject property is zoned R-IA -
sinqle Family as is the property
itself
Exi.ting Land U.e...............Sinqle family home
Propo.ed Land U.e...............Child care center
Water and S-r Service........ . Existing water and sewer on site
.,'
.
ITEM: III. c...
l
ITEM BEFORE THE BOARD:
The action being requested of the Board is that of making a
recommendation on a conditional use request and attendant
site plan for single family residential conversion to a
Child Care Facility. This existing single family residence
is located at the northwest corner of N.W. 2nd Street and
N.W. 5th Avenue.
BACKGROUND:
There appears to be no pre-development history on this
parcel as it is presently an unplatted single family lot
with an existing single family home.
The proposal before you is a request to convert an existing
1,076 square foot single family home on a 10,701 foot lot to
an infant care facility. In staff review of the original
site plan submittal, several serious code deficiencies where
identified, among these were inadequate parking, back-out
parking on to N.W.6th Avenue, inadequate drop off areas, and
inadequate screening. The applicant was requested to appear
before the Planning and Zoning Board at its workshop meeting
of February 26, 1988. The Board's consensus was that with
redesign, the site plan could be made to function adequately
while meeting the technical code requirements. A
recommendation was given to the applicant to meet with staff
and work up a site plan meeting the necessary technical
requirements.
Discussions were held and a revised site plan incorporating
the following concepts was submitted:
a) Parking originally proposed as backout parking along NW
6th parking has been redesigned on site.
b) The play area originally encroaching onto the 25 ft.
front setback has been corrected.
c) A drop off and pick-UP area meeting the requirements of
Section 30-17(M)(5) has been redesigned and is now
functioning as such.
d) A landscape plan meeting Chapter 9 Article 10 has now
been provided.
e) Proposed screening and fencing requirements under
Section 30-l7(M)(4) has been provided.
TO: Plann;-~ and Zoning Board
RE: Honey ~e's Naps and Laps - Condi anal Use and Site
Plan Approval
Page 2
PROJECT ANALYSIS:
DAY CARE CRITERIA:
In addition to the requirements of Section 30-21, Day Care
Facilities must meet the requirements of Section 30-17(M).
Section 30-l7(M)(1) requires a minimum lot area of
7,500 sq.ft. This lot meets this requirement as it
contains 10,701 sq.ft.
Section 30-l7(M)(2) requires a minimum of floor area of
35 sq.ft. per child exclusive of space devoted to
bathrooms, halls, kitchens, offices and storage. This
structure contains approximately 1,076 internal square
footage, after subtraction of the bathroom, storage,
office and kitchen areas, the usable floor area is 740
square feet. This would allow a maximum of 21 children
and is indicated on the site plan.
Section 30-l7(M)(3) requires a minimum of (75) square
feet of outdoor play area per child. The applicant has
provided 2,662 sq.ft. of outside open space allowing a
maximum of 35 children. The applicant is limited to 21
per Section 30-l7(M)(2) as indicated above.
Section 30(M)(4) requires a 6 ft. fence around the play
area. This has provided along with hedging for
screening.
Section 30-17(M)(5) requires a
drop off area to be provided.
this requirement has been met.
convenient pick-up and
with the revised plan
Section 30-l7(M)(6) requires compliance with State and
County regulations. These must be meet to obtain the
required Day Care License.
CONDITIONAL USE REQUEST::
This conditional use request has been reviewed using
criteria in Section 30-21D (Criteria for the Evaluation of
Conditional Use Requests).
Standard #1: Deals with ingress and egress and is dealt
with under Standard #3 of site plan standards. No problems
exist.
Standard #2 (Off street parking and loading areas), Standard
#3 (Refuse and service areas): These standards are addressed
under site plan standards #4 and #5.
Standard #4: Existing water and sewer hookups are present
for the residential dwelling and no modifications will be
required.
TO: Plannin .nd Zoning Board
RE: Honey Bee's Naps and Laps - Conditiuaal Use and Site
Plan Approval
Page 3
Standard #5 (Screening and buffering): Adequate screening
and bUffering have been provided through the use of Ficus
and Hibiscus hedging which border the property, parking, and
trash refuse areas.
Standard #6 (Signs and lighting): No lighting is to be
provided on the site and no signage is indicated. The
applicant should be advised sign permits will require
separate application through the building department.
Standard #7 (Set backs and open spaces): The applicant
originally had not met the required 25 foot front set back
in which no play area is allowed. In the revised submittal,
this setbacks is met. The existing building does not meet
the 25' front building setback required in the R-lA zoning
districts. Under Section 30-24(D)(1) a non-conforming
structure can continue if not altered or enlarged to
increase the non-conformity. The applicant is providing
2,662 square feet of outside open space. This amount
exceeds that which is required.
.
Standard #8 (Compatibility): One intent of allowing child
care facilities in single family residential areas is to
provide for the neighborhood demand of that service. In
assessing a conditional use request of this type, a positive
finding should be required that the proposed use will create
little or no additional outside vehicular trips as those
associated with meeting non-neighborhood needs. No similar
facilities exist in proximity and this facility appears to
serve an immediate neighborhood need.
Standard #9 (Height) and Standard #10 (Economic effect on
adiacent properties): The proposed use will occur within a
formal residential dwelling which, in respect to height and
outside appearance, shall remain residential in character.
Due to the compatibility and harmonious outside appearance,
this facility should have little or no economic effect on
adjacent properties. It will, once completed, present a
more aesthetically pleasing site for surrounding neighbors.
SITE PLAN ANALYSIS:
The site plan has been reviewed using criteria outlined in
section 30-22(D) "Standards for Evaluating Site and
Development Plan Applications". FOllowing is the result of
this review.
Standard 11 (Sufficiency of materials) has been met with the
submission of additional information as requested after
the initial review.
I
TO: Plann; --q and Zoning Board
RE: Honey ~e's Naps and Laps - Condi _onal Use and Site
Plan Approval
Page 4
Standard 12 (Impact of the proposed use) The proposed use
appears compatible with adjacent residential uses. The new
facility will allow, per Section 30-17 (M)(2) a maximum of
21 children. This facility will serve the immediate needs
of the surrounding neighborhood thus causing little outside
traffic and creating a positive impact.
Standard 13 (Ingress and egress) The proposal as originally
submitted had serious inadequacies as pertains to this
criteria. In the original plan, the applicant did not
provide an adequate pick-up and drop off area as required by
Section 30-l7(M) (5). In the revised plan, the applicant
has provided a functional 13 foot drop off and pick-up area
and has contained all parking and maneuvering areas on site.
Standard 14 (Off street parking and loading areas) The
applicant originally proposed back-out parking onto N. W.
6th Avenue. With the revised plan, this situation has been
eliminated and adequate parking has been provided. This ~
facility is not required to provide loading areas pursuant
to the Zoning Code.
Standard IS (Screens and buffers) Adequate screening and
buffering has been provided through use of Ficus and
hibiscus hedging. Applicant has provided adequate screening
for refuse areas.
Standard 16 (Drainage) There will be little change with
regard to impervious areas on the site. No adverse
situations are apparent. Drainage plans are required as a
part of the building permit approval process.
Standard 17 (Sanitary sewers) Standard 18 (Utilities) These
services exist on site and are adequate to accommodate the
proposed use.
Standard 19 (Recreation and open space) This process is
met. See discussion under Conditional Use IS and #7 and
under the Day Care Facility section of this report.
Standard #10 (Site development) This criteria's intent is
to assure that the appearance and general layout of the
development will be compatible and harmonious with adjacent
properties, as well as the City as a whole. This proposal,
being residential in character, as well as meeting a
neighborhood need, meets this criteria.
TO: Planni and Zoning Board
RE: Honey Bee's Naps and Laps - Conditlonal Use and Site
Plan Approval
Page 5
TECHNICAL REVIEW:
The applicant has addressed most of Staff's initial comments
in the revised site plan submittal, the following
outstanding comments need to be addressed:
1. The existing south driveway onto NW 2nd Street
must be increased to 13 feet in width.
2. A note must be added to the plan indicating the
existing carport as a drop off/pick-up area.
3.
General Note No# 2 must be changed to read ALL
IRRIGATION WILL BE WITH WATER OTHER THAN CITY
WATER as per Section 9-378(B) of the Landscape
Code.
.
COMMUNITY APPEARANCE BOARD REVIEW:
The Community Appearance Board will review this development
on March 23, 1988. The following recommendations are being
proposed by the City Horticulturist.
a) The two trees shown within the play area should be
Mahoganies to increase on-site species diversity.
b) The hedges along NW 6th Avenue and NW 2nd Street
must be shown to scale and the inside edge placed
5 feet inside the property line. Sod must be
installed between the hedge and the property line.
c) Foundation planting must be added to the south
edge of the building, Hibiscus hedge is
recommended.
ASSESSMENT: Based on the above analysis from both a site
plan and conditional use prospective, it is apparent the
proposal is compatible, meets a definite neighborhood need,
and is appropriately located.
ALTERNATIVE ACTIONS:
1. Continue with directions.
2. Recommend approval of site plan and conditional use
request.
TO: Plann' J and Zoning Board
RE: Honey ~ee's Naps and Laps - Condi_~onal Use and Site
Plan Approval
Page 6
RECOMMENDED ACTION:
Recommend approval of the site plan and conditional use
request subject to the following comments:
A. If the property was not a lot of record prior to
1973, platting will be required.
B. The existing south driveway onto NW 2nd street
must be increased to 13 feet in width.
C. A note being added to the plan indicating the
existing carport as a drop off/pick-up area.
D. General note No. 2 must be changed to read All
Irrigation will be with water other than City
Water as per Section 9-378(B) of the Landscape
Code.
.
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DEPARTM~-NTAL
CORRESPONDENCE
TO
e~J~~:ity Manager
David J. Kovacs, D~
Department of Planning and Zoning
[ITY DF
DELRAY BEA[H
.Gi
-2~_.
FROM
SUBJECT
CITY COMMISSION DOCUMENTATION
MEETING OF APRIL 12, 1988
CONSIDERATION OF A CONDITIONAL USE REQUEST AND ATTENDANT SITE PLAN
FOR THE KERRY LANE A.C.L.F.
April 5, 1988
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is approval of a
conditional use request which would provide for the conversion of
the Hamilton Apartments to an A.C.L.F. licensed to accommodata
the elderly. The site plan for redevelopment of the site is a
companion item.
Action is by motion. This item may be included on the consent
agenda. There was no controversy at the Board's public hearing.
There was one nearby resident present who requested information
regarding the proposed use.
BACKGROUND:
The attached Planning and Zoning Board staff report provides full
background on this request.
The Community Appearance Board has approved the external building
modifications and the landscaping.
Planning and Zoninq Board recommendation: Based upon findings
supportive of appropriate site plan standards (30-22-D) and
conditional use standards (30-2l-D), the Board has recommended
approval subj ect to the eight (8) conditions listed on pages 5
and 6 of the staff report.
ALTERNATIVE ACTIONS:
1. Approval pursuant to the Board's recommendation.
2. Continue with direction.
3. Deny with reasons stated.
(3
,::~,1 26:':
THE EFFORT ALWAYS MATTERS
To: Walter O. Barry, City Manager
Re: City Commission Documentation
Meeting of April 12, 1988
Consideration Of A Conditional Use Request And
Attendant Site Plan For The Kerry Lane A.C.L.F.
Page 2
RECOMMENDED ACTION:
By motion, based upon the findings made by the Planning and
Zoning Board, approval of the conditional use request and
attendant site plan for the proposed Kerry Lane A.C.L.F. subject
to the eight conditions recommended by the Planning and Zoning
Board and the additional condition that this approval is valid
for a period of eighteen (18) months pursuant to Code Section
30-21-E.
.
Attachment:
- P&Z Staff Report of March 21, 1988
l
rv fLANN I NG 8 L.:~,.,J I NG BORRD
~ CITY OF OELRAY BEACH
STAFF REPORT
- --
MEET I NG DATE: March 21, 1988
AGENDA ITEM:
III. D.
ITEM:
CONSIDERATION OF A CONDITIONAL USE REQUEST FOR THE DR. KERRY LANE ACLF,
NE 7th ST. AND NE 8th AVE. AND ATTENDANT SITE PLN
,
. .
.
.
GENERAL
DATA:
General Data:
OWner......................... ..Kerry S. Lane, M.D.
Agent.......................... . Digby Bridges, Architect
Digby Bridges, Marsh and Assoc.
Location....................... . Northwest corner of N.E. 7th
Street and N.E. 8th Avenue
Property Size................... .333 acres (14,500 sq.ft.)
City Plan Designation...........MF-10 (Multiple Family - 10 u/a)
Adjacent Zoning............ .....North and West of subject
property is RM-10 (Multiple
Family). South and east of
sUbject property is R-1AA (Single
Family) .
Existing Land Use......... ......Existing apartment/hotel
Proposed Land Use....... ........Conversion of existing apartment
building and duplex into proposed
A.C.L.F. (Adult Congregate Living
Facility) .
Water and Sewer Service.. ..... ..Existing water and sewer on site
ITEM: .lIT. D.
l
ITEM BEFORE THE BOARD:
The action being requested of the Board is that of making a
recommendation on a conditional use request and attendant
site plan for an ACLF. The applicant is proposing to convert
an existing 13 unit apartment complex (Hampton Apts.) to a
36 bed ACLF and renovate an adjacent duplex apartment
building to serve as the amenities building. The site is
located at the northwest corner of NE 7th Street and NE 8th
Avenue.
BACKGROUND:
Construction began on the Hampton Apartment building on April
12, 1956, and was completed February 19, 1957. In 1959 the
structure underwent internal modifications from the .
18 rooms in 14 apartments to 20 rooms in 13 apartments. The
duplex now proposed as the amenity building was constructed
in 1954 and given final Certificate of occupancy on July 6,
1954. No subsequent land development actions have been
processed.
ACLF REQUIREMENTS NARRATIVE AND STANDARDS:
Section 30-17(T) of the Zoning Code outlines additional
requirement ACLF site plan approval must meet.
Section 30-l7(T)(1)(a) requires the sleeping rooms to
meet HRS minimum standards. This requirement must be
met to obtain an HRS, ACLF license.
Section 30-17(T)(1)(G) requires a minimum of (10%) ten
percent of the total floor area to be devoted to common
area for recreational or therapeutic use. This
development has 7,190 feet of floor area and is
providing 3,408 sq.ft. of internal and external common
space.
Section 30-17(T)(1)(c) minimum requirements for sinks,
commodes and showers have been met.
Section 30-l7(T)(2)(a) deals with past approval
procedural matters.
l
TO: Plannir ,nd Zoning Board
RE: Conside~~tion of a Conditional Use 'nequest for the Dr.
Kerry Lane ACLF
Page 2
Section 30-l7(T)(2)(b) requires all ACLF's to comply
with Chapter 4A-40, F.A.C. "Minimum Fire Safety
Standards for ACLF's". This section also requires Fire
Department notification of resident's units not capable
of self preservation. A note indicating intent to
comply with this requirement should be added to the
site plan.
Section 30-l7(T)(2)(c) requires a minimum of 900 sq.ft.
of lot area per bedroom. This requirement has been
met. Outside passive recreation space minimums of 35
sq.ft. per resident are outlined for MOl Districts.
Section 30-l7(T)(2)(d) requires ACLF's in residential
areas to be compatible, with elevations etc., being
residential in character. This building as an existing
use does not apply, though from a use standpoint, it is
more compatible than the existing use.
Per Section 30-l7(T)(2)(e) the applicant must provide
outdoor amenities to include landscaping, design
features and the yard space to serve the residents.
The applicant is upgrading an existing 24 foot by 24
foot concrete patio in the NW corner of this site. A
new 12 foot by 24 foot patio and shuffleboard court are
proposed in the northeast corner of the site. Minimum
outside amenity standards are outlined in Section
30-l7(T)(2)(C) but apply only to MOl zoning
classification. This project meets these standards of
35 sq.ft. per resident with the proposed patios and
shuffleboard amenities. Though meeting the above
standard, this site appears to provide inadequate
outside amenities for the proposed 32 residents. It
would be difficult to deny this plan for these reasons
as it meets code requirements, but if the Board shares
this concern, future direction should be provided.
.
CONDITIONAL USE ANALYSIS:
This conditional use request is also assessed under
standards for evaluating conditional uses as found in
Section 30-21 (D) of the Zoning Code.
Standard #1: (Ingress and Egress) Ingress and egress is
being improved by the revised site plan proposed in
connection with this conditional use. This site presently
utilizes back-out parking onto both N.E. 8th Avenue and N.E.
7th Street while the proposed site plan accommodates all
parking demands on site. The maneuvering areas for the
existing back-out parking which encroach upon rights-of-way
are to be sodded.
I
/
TO:
RE:
Planni JPnd Zoning Board
Consid~~tion of a Conditional
Kerry Lane ACLF
Page 2.1
Use ~quest for the Dr.
Standard #2: (Off street parking and loading areas) This
development is required under Section 30-l8(D)(4)(b) to
provide 1 parking space per 4 beds. This 32 bed facility
requires 8 parking spaces and eight have been provided.
Proposed parking areas are much improved over existing
parking conditions.
Standard #3: (Refuse and services areas) These areas are
adequately accommodated through the provision of a dumpster
location on site.
Standard #4: (Utilities) Water and sewer, as well as other
utilities currently serve the existing structures.
Standard #5: (Screening and buffering) Standard #6:
(Signs and lighting) These standards are provided by
hedging on the south and east borders of the site.
Screening treatment on the north boundary needs to be
improved and is addressed under Site Plan Standards No.5.
No lighting is shown nor has been applied for with this sit~
plan submittal. The applicant is advised that signage will
require separate application thru the Building Department
and will require CAB approval.
Standard #7: (Required setbacks and open space) The two
story structure does not meet the 25 foot side (street)
setback, or the 15 foot side (interior) setback. The one
story building does not meet the 15 foot side (interior)
setback, or the 25 foot rear setback required under Section
30-7 (F). As these are existing non-conforming buildings,
these discrepancies may continue in that additional floor
area is not being created. Per Section 30-24 (D)(l), a
change of use can occur in a non-conforming structure as
long as it does not enlarge or increase the non-conformity
of the structure.
Required open space by Section 30-l7(T)(2)(d) has been
provided pursuant to the requirement of Section
30-l7(T)(1)(C) requiring a minimum of 10% common space and
by minimum standards for the MOl District of 35 sq.ft. per
resident under Section 30-l7(T)(2)(C). This standard
appears to be inadequate as addressed under ACLF
Requirements of this staff report.
Standard #8: (General compatibility) and Standard #9:
(Height of the building) The proposed ACLF use is
compatible within this RM-10 neighborhood setting. This is
an existing commercial building a hotel/motel. The proposed
ACLF use provides a more compatible use with the
neighborhood than the existing commercial use. The building
height of two stories is generally compatible with
surrounding church to the east.
l
TO: Plann ~nd Zoning Board
RE: Consideration of a Conditional Use '~qUest for the Dr.
Kerry Lane ACLF
Page 3
Standard #10: (Economic effects on adjacent properties)
The proposed conversion to an ACLF will have a less negative
impact on surrounding properties than the existing
commercial hotel/motel use, though the elimination of
introduction of "transient" residents in the neighborhood
and the removal of a "commercial" use from this
residentially zoned area.
SITE PLAN ANALYSIS:
This site plan has also been reviewed under Section
30-22/22(D) of the Zoning Code. "Standard for Evaluating
Site and Development Plan Applications".
Standard #1: (Sufficiency of material) This standard is
met in that the material submitted is sufficient for site
plan review.
Standard #2: (Density) This proposal is for 16, two
.
bed units along with a 24 hour on-site manager's unit on a
.33 acre site. Density is applied differently to ACLF
developments and requires 900 sq.ft. of lot area per
resident per Section 30-l7(T)(2)(c) of the ACLF
Requirements. This development meets these requirements.
Standard #3: (Ingress and egress) Standard #4: (Off-
street parking and loading areas) These standards have been
greatly improved through elimination of back-out parking and
installation of on-site parking spaces. See Conditional Use
Standards No. 1 and 2.
Standard #5: (Screens and buffers) Hedging is provided on
the south and east borders of the site. Proposed
renovations of a concrete fence are indicated along the
north border of the property. Upon site inspection, no
concrete fence exists; a unkept wooden fence of
approximately 6 feet in height presently screens this
development from adjacent residential uses. Recommend the
applicant be required to replace or upgrade (i.e. painted,
repaired) the fence line and provide hedging inside the
fence line around the patio/shuffleboard area.
Standard #6: (Drainage) A French Drain system currently
exists on site and will be retained to accommodate required
drainage needs.
Standard #7: (Sanitary sewers) Standard #8: (Utilities)
Sewer and water, along with other utilities, exist on site
and are adequate to accommodate the proposed use.
Standard #9: (Recreation and open space) Indoor recreation
space provided is adequate, but outdoor amenity space may be
considered as inadequate as discussed under the ACLF
Requirement section of this report.
l
TO:
RE:
Plannir( nd Zoning Board
considerdcion of a Conditional
Kerry Lane ACLF
Page 4
(
Use'~~quest for the Dr.
Standard #10: (Site development) This standard deals with
appearance and general layout as it relates to general
compatibility with adjacent properties. As this is an
existing structure, compatibility is approached from a use
prospective. The proposed ACLF use is much more compatible
than the existing hotel/motel commercial use. With approval
of the proposed site plan, site appearance will be greatly
improved from it's now generally rundown state.
TECHNICAL REVIEW:
In initial review of this site plan the building department
requested information regarding the type of proposed
building construction. The applicant has not submitted the
needed information and is hereby advised the extent of
external modifications may be limited by the construction
type. construction type determines the amount of unprotected
openings (windows etc.,) the structure is allowed on the
outside walls. .
The applicant has addressed many of staff's initial review
comments through a revised site plan submittal, yet the
following comments are outstanding and should be included as
conditions of approval.
1. The applicant must replat the property and therein
dedicate five (5) additional right-of-way feet of
for N.E. 8th Avenue for a total of 25 feet from
centerline.
2. A detail showing patio amenities, tables and
chairs, in partial fulfillment of the outdoor
amenities required in Section 30-17 (T)(2)(e) must
be added to the site plan.
3. Catch basins must be constructed at both ends of
the ex-filtration system.
4. The applicant must submit, to the Engineering
Department the construction plans for all proposed
improvements to occur within the right-of-way e.g.
removal of existing back-out parking, installation
of sidewalks, drive-way connections and sodding,
etc.
5. A note must be added to the site plan and
remodeling plans requiring the removal of stoves
from existing units.
6. The fence line along the north border of this site
must be replaced or upgraded (i.e. painted,
repaired) and hedging provided inside the fence
line around the patio/shuffleboard area.
l
TO: Planni and Zoning Board
RE: Conside.dtion of a Conditional Use __equest for the Dr.
Kerry Lane ACLF
Page 5
7. Proposed hedges along NW 8th Avenue and NE 7th
Street are required to be place along the interior
perimeter of the required 5' landscape strip.
COMMUNITY APPEARANCE BOARD ACTION:
The site plan has been reviewed and approved as submitted,
to CAB on March 8, 1988.
ASSESSMENT:
The existing commercial use does not provide anyon-site or
off-site recreational amenities for the existing 13
apartments. This is of less impact than the proposed
conversion, in that present residents have a greater ability
to seek off-site recreational facilities. The lack of
outdoor recreation space and the fact that minimum
requirements are met is a significant factor to be
considered in action on future ACLF's.
.
ALTERNATIVES:
1. Continue with direction.
2. Recommend approval of the Conditional Use request
and attendant site plans proposed.
RECOMMENDATIONS:
Recommend approval of site plan and Conditional Use
request based upon positive findings of Section
30-22(D) (Site Plan Standards), Section 30-2l(D)
(Conditional Use Standards) and section 30-17(T) (ACLF
Requirements) and subject to the following conditions:
1. The applicant must replat the property and therein
dedicate five (5) additional right-of-way feet of
for N.E. 8th Avenue for a total of 25 feet from
centerline.
2. A detail showing patio amenities, tables and
chairs, in partial fulfillment of the outdoor
amenities required in section 30-17 (T)(2)(e) must
be added to the site plan.
3. catch basins must be constructed at both ends of
the ex-filtration system.
4. The applicant must submit, to the Engineering
Department the construction plans for all proposed
improvements to occur within the right-of-way e.g.
removal of existing back-out parking, installation
of sidewalks, drive-way connections and sodding,
etc.
l
TO:
RE:
Plannl 3.nd Zoning Board
Consi~~~tion of a Conditional
Kerry Lane ACLF
Page 6
..
Use
,quest for the Dr.
5. A note must be added to the site plan and
remodeling plans requiring the removal of stoves
from existing units.
6. The fence line along the north border of this site
must be replaced or must be (i.e. painted,
repaired) and hedging provided inside the fence
line around the patio/shuffleboard area.
7. proposed hedges along NW 8th Avenue and NE 7th
Street are required to be place along the interior
perimeter of the required 5' landscape strip.
8. A note must be added to the site plan of intent to
Chapter 4A-40, F.A.C. "Minimum Fire Safety
standards for ACLF's".
ref:PD#4/A:aclf
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N.E. 7th STREET
PLANT LISTS
CODE BOTANICAL NAME COMMON NAME REMARKS
BB BUClDA BUCERAS BLACK OLIVE 12'HT 6'T,6'S
OV aUERCUS VIRGINIANA LIVE OAK 12'HT 6'T 6'S
FB FICUS BENJAMINA FICUS 1 e'o/e 2'-S'H.
IX IXORA COCCINEA IXORA MAUl 1 S'o/C, 2'H.
SR STREUTZIA REGINAI BIRD OF PARADISE 2'ofc,
BN BO AIl'NV1'c'ii'lo BOUGAINVILLEA 2'ofc.
~~ENERAJ- NOTES
1. All planted beds or hedges to receive 2" shredded mulch.
2. All are.. to receive 1001 automatic irrigation.
3. All open areas t~ be sodded with St. Auguatine tlFloratanll aolid 104
4. All plant material to be Flori" Fancy.. per grades & 8tandard.
for Florida nursery 8tandards.
5. All trees to be single trunk up to 4 feet.
l
DEPARTMI":NTAL
CORRESPONDENCE
TO
Walter O. Barry, City Manager
FROM David J. Kovacs, Director
Department of Planning and Zoning
CITY COMMISSION DOCUMENTATION
MEETING OF APRIL 12, 1988
SUBJECT CONSIDERATION OF AN APPEAL OF CERTAIN CONDITIONS AND THEN ACTION
ON THE FINAL PLAT FOR CLINTON-MORGAN SUBDIVISION
4-7-88
ITEM BEFORE THE COMMISSION:
There are two actions requested of the Commission. The first is
consideration of an appeal of the requirement to install a fire
hydrant; the second is action on the final plat for this four lot
subdivision.
Each item should be considered separately.
motion.
Action on each is by
.
BACKGROUND:
This proposal is located on
See the attached P & Z staff
detailed site information.
N.W. 5th Avenue, north of Atlantic.
report for a location map, plat, and
This project is a simple four lot subdivision -- with a few
hitches. The preliminary plat was submitted in November;
additional information was required in December; revisions missed
the deadline for January action at the P f& Z; thus, the item
received P & Z approval of the preliminaryrln February. An item
which necessitated special review was the determination of
whether or not an alley existed within the block (the property
was previously unplatted but within a block).
There were six conditions affixed to the Board's approval of the
preliminary plat. They have been handled as follows:
#1. A sewer main exists to serve the new lots. No further
action is required prior to platting.
#2. The City Engineer has accommodated this item by
allowing sidewalk installation upon individual lot
development. This represents relief from the normal
requirement of up-front installation.
Ilf--
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THE EFFORT ALWAYS MATTERS
l
.
TO: Walter O. Be ,y, City Manager
RE: City Commission Documentation
Meeting of April 12, 1988
Consideration of an Appeal of Certain Conditions and
then Action on the Final Plat for Clinton-Morgan Subdivision
Page 2
#3. APPEALED ITEM: A fire hydrant is required. The
applicant is required to either install the required
improvement or provide financial security to guarantee
its installation. The easiest way to accommodate this
normal requirement is immediate installation or payment
to the City. Mr. Morgan by his letter of April 4,
1988, is seeking waiver of the improvement.
#4.
Improvement
sewer taps
building on
plans are not necessary since water
exist and sidewalks are deferred to
the individual lots.
and
the
#5. (Technical plat requirements) & #6. (time frame) are
both accommodated in the final plat submittal.
Planning and Zoning Board recommendation:
February, the Board both approved the
certified the Final Plat.
By its action
preliminary plat
in
and
.
Staff recommendation re appealed item: Installation of the fire
hydrant is required by the Fire Marshall. Improvements are to be
guaranteed prior to action on a final plat. It is inappropriate
to waive the requirement for the hydrant unless it is shown that
the Fire Marshall is incorrect in making his requirement. It is
inappropriate to delay installation or payment because the total
cost will be imposed upon the first builder. Dividing the cost
four ways (for lots) and COllecting for each upon construction
creates an unwarranted administrative task. Further, new
development is to provide for these up-front costs. The City is
not to front the cost, track repayment obligations, and perhaps
not be reimbursed for the original outlay for many years into the
future.
ALTERNATIVE ACTIONS:
1. Grant the appeal and approve the final plat.
2. Deny the appeal and approve the final plat subject to
payment of the cost of the hydrant.
3. Deny the final plat on the basis of not complying with
the installation of required public improvements.
RECOMMENDED ACTION:
Separate actions:
1. By motion, deny the request for waiver of fire hydrant
installation.
.
'-~
TO: Walter O. B~ _y, City Manager
RE: City Commission Documentation
Meeting of April 12, 1988
Consideration of an Appeal of Certain Conditions and
then Action on the Final Plat for Clinton-Morgan Subdivision
Page 3
2. By motion, approve the final plat for the
Clinton-Morgan Subdivision subject to either the
installation of the required fire hydrant or the
payment thereof, said condition to be met prior to
execution of the final plat. And further, that if the
condition is not met prior to expiration date of the
preliminary plat approval, the action on the final plat
shall be void.
Attachment:
- P & Z Staff report of February 22, 1988
- letter of April 4, 1988, from Daniel Morgan
ref:DJK#17/A:ccmorsub
.
l
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April 4, 1988
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL. 33444
Re: Clinton, Morgan Subdivision (Fire Hydrant) Preliminary Plat
Dear Sir:
I have reason to believe, providing an additional Fire Hydrant prior
to final plat is an unjustified cost to this project.
.
If upon further review there is justification for this Fire Hydrant
I propose that the costs incurred be shared by existing homeowners,
land owners and the City of Delray Beach. The impact will be no greater
tomorrow than today.
This project is to enhance the City of Delray Beach, and update that
area with new homes and bringing much needed tax dollars to the City.
".7 /--I<:-<-;J 'I 72c ?-c~':.1'/ LA/..,Ia< rlCt#'~ /2<'7-" :.-~.,h7 ;t-..-,"/~j/~
...r::. P'11' ",oJ.. 'I", /;.- P:-I, A/3/-....... p!4-rr-- fi
, ~ ~ 1;1 vi d ~ I-- ,,-.;: Iv "I "', .,~ Respectfully submitted
q?~.(~74/
"t.c~\\lc\1
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?L~\i"'NG
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PLANNING 8 LONING
CITY OF OELRAY
BOARD
BEACH
--- STAFF REPORT ---
MEET! NG DATE:
AGENDA ITEM:
February 22, 1988
IV.G
ITEM: PRELIMINARY PLAT - CLINTON & MORGAN SUBDIVISION
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GENERAL DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rubin Clinton
Applicant's Name...................Daniel Morgan
Agent............... ............... .Daniel Morgan
Location...........................Approximately located at the
southwest corner of NW 3rd
- Street and NW 5th Avenue
Parcel size-........................ .81 acres
Land Use Plan Designation..........SF (Single Family)
Existing Zoning....................R-1A
Adjacent Zoning....................R-1A to the north, south,
west, and east
Water and Sewer Service............Available adjacent site
Proposal...........................Subdivision
development
homes
onto four lots for
of single family
ITEM:
IV. &
l
ITEM BEFORE THE BOARD:
The action being requested of the Board is that of approval of a
preliminary subdivision plat. This action is final with the
Board's action. since this project is very straight forward,
the staff is also seeking certification of the submittal as an
acceptable final plat; thus allowing the project to proceed to
the City Commission without further action by the Board.
BACKGROUND:
This subdivision proposal was first received on December 4, 1987.
Upon initial review, it was thought that a 16 foot wide alley
along the west border of this property had been abandoned in 1976
by Resolution No. 37-76. Such an action may have been taken in
connection with a proposed Jonwal Beach Corp. housing
development. The proponent was contacted and requested to
include 1/2 of the alley (81 in his plat. After researching this
issue, the proponent returned to TRC on January 27, 1988, with
the original Town of Linton plat on which no alley was indicated."
The proponent indicated he wanted to proceed with the property he
was now platting with the entire alley abandonment if any,
reverting to the owner of the parcel to the west.
Another item of concern is whether this subdivision would create
a substandard lot to the north. The proponent provided
documentation showing the substandard lot was a lot of record and
was not being created by this subdivision.
Upon this satisfactory resolution of those concerns, the
proponent submitted a revised plat for Planning and Zoning Board
action.
PROJECT ANALYSIS:
This subdivision appears to be very straight forward.
Water service is available adjacent to this site along N.W. 5th
Avenue.
A fire hydrant is necessary in the immediate area in order to
accommodate hydrant spacing needs.
Sewer service is available in the area. It may be necessary to
extend a sewer main from the street to the north or to bore under
N.W. 5th Avenue to actually service the newly created lots. The
developer is urged to contact the Utilities Department as to
specifically how sewer service can be obtained. Extending sewer
to the site is a cost obligation of the developer.
l
TO: Planning and ~_aing Board
RE: Preliminary Plat - Clinton and Morgan Subdivision
Page 2
Streets and
right-of-way
mitigated at
right-of-way.
Sidewalks:
exists along
this time
A five foot
5th Avenue.
through the
(5') deficiency in the
This deficiency should be
dedication of additional
The Subdivision Code requires the improvement of adjacent public
improvements/streets to City standards. The site lacks sidewalks
and the street section is substandard in that it is only twenty
feet in paved width. It is appropriate that the installation of
sidewalks be required of this subdivision. The street section
improvements should be waived in that there are no plans for
improvements of other portions of the streets serving this site.
Improvements: A final plat requires that that improvement plans
for public facilities be accepted by the City Engineer.
Accordingly, plans for sidewalks and utility (main) extensions
must be provided prior to action on a final plat.
Zoninq Code Compliance: The zoning for this property is R-1A..
The minimum district requirements for lot dimensions are:
Area.........7,500 sq.ft.
Frontage.....60 feet, all interior lots
Depth........100 feet
The above minimum requirements are met or exceeded for
There are no unusual geographic features which would
affect development or siting a structure on any of the
each lot.
adversely
lots.
ALTERNATIVE ACTIONS:
1. Approve the preliminary plat and certify the subdivision as
adequate for final plat approval with stipulations stated.
2. Approve the preliminary plat but require the final plat to
come before the Board for certification prior to action by
the City commission.
3. Continue with direction.
RECOMMENDED ACTION:
By motion, approve the preliminary plat for the
Subdivision" and certify same as adequate as
subject to the following:
"Clinton-Morgan
a final plat,
1. that the subdivider is required to extend sewer service
to the site in a manner acceptable to the Director of
Utilities.
l
TO: Planning and _~ning Board
RE: Preliminary Plat - Clinton and Morgan Subdivision
Page 3
2. That the subdivider is required to install a
residential sidewalk along the 5th Avenue frontage of
the property being subdivided.
3. That the subdivider is required to install a fire
hydrant at a location acceptable to the Fire Chief.
4. That the required improvement plans and arrangements
for installation of improvements be submitted to and
accepted by the City Engineer prior to placing the
final plat before the City commission.
5. That technical requirements for the preparation of a
final plat be met.
6.
That this approval is valid for a period of
If a final plat is not submitted and made
within that period, a new preliminary plat
must be processed.
six months.
of record
submission
, .
Attachment:
- xeroxed copy of subdivision plat
ref:PD#2/A:srppcm
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DEPART~--'NTAL
CORRESPONDENCE
TO
fEr\o: :1J ,1!~::ger
DavM.ytovacs, Director '1'-
Department of Planning and Zoning
FROM
CITY COMMISSION DOCUMENTATION
MEETING OF APRIL 12, 1988
SUBJECT PROPOSED LINTON OFFICE CENTER PROJECT (1-95 AND LINTON)
April 5, 1988
ITEM BEFORE THE COMMISSION:
The action requested of the City Commission is approval of a site
plan for new development to be known as the Linton Office Center.
The project is located at the southeast quadrant of 1-95
Linton. The item had been before the City Commission
December, 1987, but action was deferred pending receipt
variances (height and setback) from the Board of Adjustment.
and ,
in
of
Action is by simple motion. This item can be placed on the
consent agenda. If a Commissioner wishes it reviewed because of
the previous issue of height, it can be removed for specific
discussion. The project is located in an area where sixty foot
applications would be allowed pursuant to the height ordinance
which will be enacted earlier in the Tuesday evening agenda.
BACKGROUND:
The Planning and Zoning Board staff report which provides a
history of development proposals for this property, along with an
analysis of the request is attached.
The variances which were necessary to allow the project to
proceed were granted by the Board of Adjustment on March 24th.
There are a few aspects of the overall project which are yet to
be addressed during the platting process which is to follow.
Accommodating those matters may require minor modifications to
the site plan. However, it is appropriate to act on the site
plan at this time in order to obtain approval of the overall
project and then proceed with the platting process.
Community APpearancef~~~roval of the elevations and landscaping
has been granted.
I~
eM 362
THE EFFORT ALWAYS MATTERS
l
To: Walter O. BarL~, City Manager
Re: City Commission Documentation
Meeting of April 12, 1988
Consideration Of The Site Plan For The Proposed
Linton Office Center Project (1-95 & Linton)
Page 2
Planning and Zoning Board Recommendation: At its meeting of
November 16, 1987, the Board recommended approval based upon
findings of compliance with the site plan review standards and
that inclusion of the teller building as a part of the office
building is acceptable;andJsubject to conditions. The conditions
which are still applicable include:
1. That a replat of Parcell, Linton Center, is required.
said plat to address the myriad of items discussed in
the Planning and Zoning Board's staff report (11-16-87)
which was prepared for consideration of the site plan.
2. That the site plan approval shall not become valid
until such time as a preliminary subdivision plat
approval is granted by the Planning and Zoning Board '
for the replatting of Parcell, Linton Center; and
conversely, this tentative approval shall be valid for
a period of one year in which the preliminary plat must
be submitted and approved.
3 .
That on::e this
valid for a
30-22-E.
site plan becomes valid, it shall remain
period of eighteen months per Section
4. That the outstanding water repayment fee of $75,000 be
made prior to action on the required plat.
5.
That fees shall be
Roadway Trust and
programs.
collected pursuant to the City's
Linton Boulevard Beautification
6. That the project shall provide signalization of the new
entry intersection with Linton commensurate with
construction activities.
ALTERNATIVE ACTIONS:
1. Approve pursuant to the Planning and Zoning Board
recommendation.
2. Deny with reason stated.
3. Continue with direction.
To: Walter O. BaL_Y, City Manager
Re: City Commission Documentation
Meeting of April 12, 1988
Consideration Of The Site Plan For The Proposed
Linton Office Center Project (1-95 & Linton)
Page 3
RECOMMENDED ACTION:
By motion, based upon the findin~made by the Planning and Zoning
Board, approval of the site plan for the proposed Linton Office
Center subject to the conditions of approval as recommended by
the Planning and Zoning Board.
Attachments:
City Commission documentation for meeting of 12-2-87 ,
P&Z staff report of 11-16-87
Background staff report re master planning items dated
8-28-87
The site plan is available in the Planning Department
REF/DJK#16/B:CCPR1EST.TXT
l
PLANNING 8 ZONING BOARD
CITY OF DELRAY BEACH
MEET I NG O1TE: m:aMon~~~~Siu~~~t 1 ~2f6 continued
STAFF REPORT ---
AGENDA ITEM: IV. H.
ITE~: MASTER PLANNING ITEMS ASSOCIATED WITH THE LINTON OFFICE CENTER
.
llIUlt&Y
".41.
... CR
..
GENERAL DATA:
OWner
Agent
Developer
LocatJ.on
.
"
q
~
.
"
........... .........
... .......... ... ....
.. .......... ........
....................
. Parcel Size . . . . . . . . . . . . . . .
Current Zonln9 ...............
Comprehensive Plan Designation
Current land use .............
Proposed land use . . . . . . . ..'.
Water and Sewer
JuriscUction
. . . . . . . . . .
Action Before the Board.......
...............
"
LA" t
OELPALM JOINT VENTURE
Robert Currie, Ar~hitect
Ocean Properties, Ltd.
'.
Southeast corner formed by
1-95 and Linton Boulevard
6.73 acre, more or less
Community Commercial (CC)
Commercial
vacant .
80,000 sq. ft. office building
7,000 sq.ft. restaurant
Sank with dr~ve-through
City of Delray B~ch
City of Oelray Beach
Consideration of master
planning items prior to sub-
mission for site plan approval
ITEM.
l
MA YOR A\ D CO\1\1I551O\ CO:\I:\Il'\ICA nON
NO
8ATE
To, Honorable Mayor anu City CO,,",'''ISSlon
Subject: City Commission Documentation
Meeting of December 1, 1987
Q "': "j ~:;::H"
From: DaVi~~acs, Director
Department of Planning and Zoning
Center
~~,.""."\
.~ ~ \
I .
~/
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is that of approval of a
site plan pursuant to Code Section 30-22. Normally this action
is requested after all other reviews and associated actions have
been taken; however, in this situation, special circumstances..
have necessitated the applicant to request action from the
Commission prior to Board of Adjustment actions. A letter
requesting early action and the reasons for the request is
attached.
Proceeding in the manner requested will not create any problems
in terms of processing. Nor should it affect the Board of
Adjustment's decision making process.
BACKGROUND:
The site under review is the western portion of the former CRJ
development. The CRJ project is no longer being pursued. The
site plan before the Commission involves 6.7 acres for an office
complex with a free-standing restaurant. It also provides for a
public street which will provide the primary access to a proposed
hotel to be located in Waterford Place. The attached Planning
and Zoning Board staff report provides additional background
information and an analysis of the site plan.
I .3
.
- -'.',"'"',
CJ Orn. .,scr:w;
James L.
Pennjn~Jton
(:-.' ',',:, ,.::. f-
Dare
.-
-
I
.
To: Honorable Mayor and City Commission'
Re: City Commission Documentation
Meeting of December 1, 1987
Re: Site Plan for Linton Office Center
Page 2
PLANNING AND ZONING BOARD RECOMMENDATION:
At its meeting of November 16, 1987, the Board recommended
approval subject to conditions. One of those conditions required
Board of Adjustment approval of two variances which must be
approved in order to accommodate the site plan as currently
drawn. If either, or both, of the variances are denied the
project will not be abandoned; rather, site redesign will be
necessary and will be processed as a minor site plan amendment.
There are a few aspects of the overall project which are yet to
be addressed during the platting process which is to follow.
Accommodating those matters may require minor modifications to
the site plan. However, it is appropriate to act on the site'
plan at this time in order to obtain approval of the overall
project and then proceed with the platting process.
ALTERNATIVE ACTIONS:
1. Approve the site plan pursuant to the Planning and Zoning
Board recommendations and condi tioned upon action by the
Board of Adjustment.
2. Continue with direction to either a) review in more detail
at a workshop, or b) defer action until completion of Board
of Adjustment action.
3. Deny the site plan based upon any of the applicable criteria
found in Section 30-22-D of the zoning code.
RECOMMENDED ACTION:
By motion, approve the site plan for Linton Center pursuant to
the findings, waivers, and conditions as recommended by the
Planning and Zoning Board but subject to the condition that if
any of the required variances are denied by the Board of
Adjustment that said site plan be revised and processed through
the appropriate site plan modification procedure.
Attachment:
- McMurrain letter of November 23, 1987
- P&Z Staff Report of November 16, 1987
REF/DJK#9/B:MCMURN.TXT
....." .......~.! .
; ; ,: ;
~. .:'-' ~
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:; ....
properties, ltd.",
r, ~!: ~~_.
8132 Glades Road, 80ca Raton. Floroda 33434 . 305/487-4900
tHW 2 3 1987
.:..;....!
'"
November 23, 1987
Mr. David J. Kovacs, Director
Planning & Zoning Department
City of De1ray Beach
100 N.W. 1st Avenue
De1ray Beach, Florida 33444
RE: Linton Centre
Dear Mr. Kovacs:
,
I am requesting that the Linton Centre site plan be heard by the City
Council on December 8, 1987. The earliest that we can be on the Board
of Adjustment meeting is January 14, 1988. Because of an obligation,
we must know the outcome of the Council meeting prior to December 15,
1987.
Thankyou for the consideration.
Sinc,rely,
--'Tt,MV . -
Thomas 1. McMurrain
TTM:rao
PLANNING ~ ZONING
CITY OF DELRAY
BOARD
BEACH
---
STAFF REPORT
- --
~ETING CJfTE: November 16, 1987
AG~ ITEM:
III. H
ITEM: SITE PLAN FOR LINTON OFFICE CENTER
.
.
-
~.
~
.
"
PROJECT DATA:
owner
......................
DelPalm Joint Venture
(mortgage release interest)
Developer
Agent
......................
OCean Properties
Currie - Schneider, Associates
Southeast corner of 1-95 and
Linton Boulevard
Location
.....................
Parcel .i..
6.73 acres
................
CCftMrcial
L&IItcl U.. P1aD desi9l\&tion .....
ZOftin9
Caa.unity eo..ercial (Ce)
.....................
Adjacent ZOnin9 ...............
current U.e
SC and POC to north across
Linton, CC on parcel ~iate
to east, SAD to south, 1-95
is the west border.
................
Vacant
Proposed U.e
................
Office center w~th separate
restaurant bIlildin9 and r_te
bank teller facility
Water &Del S-r servicu ......
Extensions of water and sewer
_ins
ITEM.
IlL
l
.
ITEM BEPORE '1'HB BOARD:
The specific action
recommendation on the
Section 30-21-D.
before the Board is
submitted site plan
that of making a
pursuant to Code
PROJECT BACKGROUND AND DESCRIPTION:
The area under consideration is actually a part of a larger
(25.342 acres) which was previously approved for development at
the CRJ project. The property has been purchase4 by a new
owner who wishes to develop the west 6+ acres at this time. The
development concept for the property is now different in that a
public road system will separate the east and west portions of
the site with each portion taking its primary access of this new
public street. The public street will also provide the pr~
access to a proposed hotel to be located south of Li~
(extended) in the revised Waterford Village project. if.
This site was before the Board in August at which time direction
was given relative to "master planning" items and the extent of
conditions which had been affixed to the previously approved CRJ
development plan.
This revised concept has drawn some concern from the Planning and
Zoning Board during informal workshop sessions. Some
Board members felt that the CC zone designation was no longer
appropriate for the proposed uses. However, a close reading of
the CC district regulations permits the requested uses; thus, the
project has proceeded.
The previously approved (CRJ) project required several
improvements to the adjacent road system. Some of those
improvements (e.g. on S.W. 10th Avenue) are not applicable to
this project, while others (full improvement of the intersection
of the new public street with Lindell/Germantown) area. This
project also involves land area currently a part of Lindell
Boulevard and Germantown Road (southwest portion of site) which
was previously to be abandoned as a part of the former Delint
(now Waterford Village) project. To insure that the above items
were properly reviewed with this site plan analysis specific
information on previous dedications and land ownerships was
requested. A review of that information shows that the (CRJ)
site has been divided for financing purposes but that formal
subdivision has not occurred. A formal subdivision will be
required in order to properly provide dedications, divide
interests in the property, and accommodate the requested
abandonments.
To: Planning j Zoning Board
Re: Site Plan tor Linton Office Center
Page 2
SITE PLAN ANALYSIS:
The site plan analysis is a bit complicated for this project in
that a _jor variance is required, rear yard setback
interpretation is necessary, an abandOnment is involVed, off-site
improvements associated with the previously approved site plan
are readdressed, there is the matter of adding a part of a new
public street, the development must coincide with Linton and
Germantown Road improvements which are currently underway by
others, and of couree, basic on site development compliance.
Heiqht Variance: The elevations show 55+ feet of building
height. This exceeds the limitation of 45 feet per the CC zone
district. The Land Use Policy Guide, under Height and Intensity
POlicy Statement 12 states "the City should establish a maximum
height in commercial and industrial zones of 48' by right, and
should allow up to 60 I at very select locations, based. upon
meeting the requirements set forth in a height overlay
ordinance". Such an overlay ordinance does not exist; however,
at informal work sessions, the Board has indicated. its support
for granting of a variance at this location pursuant to :J
development reflected on the site plan. ':_
Setback Variance: The proposed teller facility
drive-through for the banking facility extends into the rear yard
setback. During preliminary review it was felt that this matter
could be resolved simply through interpretation of which were
side, rear, and front yards. However, two code provisions
require that the area in question be the rear yard. These are: a)
the definition of frontage which places the front yard along a
major thoroughfare (Linton), and b) that the CC district requires
an eighty foot (80') setback along the frontage the first ten
feet of which must be landscaping. This requirement is met along
Linton but not along the new public (entry) street where, in
order to meet the frontage requirements, the restaurant would
need to be moved to the west and the perimeter landscaping along
the new street would need to be increased from six feet to ten
feet.
The Board should make a recommendation regarding disposition of
this item by the Board of Adjustment. In doing so the Board
should a180 consider the next item in this analysis - the size of
the teller facility.
Uses: The Community Commercial (CC) zone district was created
for high intensity retail uses (such as the previous CRJ
project). However, each of the requested uses (per building) is
allowed. in the CC District and the project has continued. its
processing. A specific requirement of the CC district is that
any buildinq'must have a ground floor area of at least 4,000
Square feet. The proposed teller building has a ground floor area
of only 375 square feet. To overcome this situation a canopy has
been extended. from the main building to the bank teller
structure. Details of the canopy have not been provided.. This
canopy will extend over the drive which carries traffic to the
entry of the drive-through facility.
, .
l
To: Planninq al. Zoning Board
Re: Site Plan for Linton Office Center
paqe 3
The Board ~ accept this concept in order for the teller
buildiD9 ttt...1n a part of the project. Otherwise, a variance
will be ~2e4 frOlll the Board of Adjustment. Further, it is
assumed that the teller is an extension of a full service bank
which is located in the office building. If not, the teller is
not permitted.
Abandonment: The Board previously considered and recommended
approval of the abandonment of the western extension of Lindell
Boulevard and the adjacent portion of Germantown Road. That
recommendation was then associated with the Delint project (now
Waterford Place). The right-of-way is now totally included in
the Linton Office Center project. The abandonment should be
effected throuqh the platting process.
PUblic Street and Access Systems: The entry to this property is
now also proposed to be the primary access to the hotel site in
the Waterford Place project. As such, and since the entry will
also be servinq a different project on the east portion of Linton
. Center Parcell, the entry road takes on a public nature and ~m
to be dedicated and used as a part of the public street network. ..
.'
However, the westerly portion of the street is proposed fo*tt
development with the Linton Office Building project and the
balance provided with development on the east portion of the
entire site. A detailed program for accommodatinq this phasinq
of improvements is necessary. The program must provide for
maintenance and traffic control responsibilities durinq
construction of the major projects and for repair of the street
surface. A program has not yet been set forth (primarily because
of the changing nature of the circulation system and the
relationships between this project and Waterford Place). Such a
program should be a part of the platting submission.
Further, a complete cross-section of the ultimate development of
this new public street must be determined; special features such
as a median are proposed. The site plan under consideration
shows sidewalks adjacent to the curbline; this situation is
generally not acceptable as it is desired to have a grass
separation between the travelway and the pedestrian way. Aqain,
an item wbicb can be a part of the platting submission.
The most significant part of the public access system, as it
pertains to the site plan, is the confirmation that the new
intersection of Germantown Road, Linton, and the new entry align
properly and that appropriate dedications are obtained alonq
Linton. Information addressing this matter was requested;
however, the resulting submittal did not provide the survey data
to allow verification that the intersections do align and that
adequate dedications along Linton are reflected on the site plan.
This matter is of extreme importance since since it sets the
north and east boundaries of the site plan. Items which need
firm resolution include:
l
To: Planning an~ ~oning Board
Re: Site Plan for Linton Office Center
Page 4
the connection of the new sidewalk along Linton with
the existing sidewalk;
the cross section of ultimate improvements along Linton
to insure that the turning (eastbound) lane is properly
accommodated with sufficient right-of-way;
location of sidewalks vis-a-vis the curbline i.e.
desire for separation of vehicular and pedestrian
traffic by a grass area (possibility of a meandering
walkway?);
the relationship of the surveyed center lines of the
new entry and Germantown Road.
One item which is easily resolved is that code calls for ten foot
sidewalks in commercial areas. The City Engineer supports the
proposed width of six feet. The procedure for accommodating the
decreased width is by action of the City commission upon a
recommendation from the Board.
Internal Site Plan Matters: As far as the site itself goes,
there have been several changes made (as suggested by various
staff members) which make the site plan very functional an4
acceptable. Relatively minor items which still need attention't
include: I
, I
revisions to the location of plant materials on the
landscaping plan to avoid. conflict with utility easements
which take up the first ten feet abutting the north, south,
and west perimeters;
providing dimensions along the south property boundary;
providing alternative species for Ficus trees - Java Palms
are suggested.
These items can be addressed when the project goes before the
Community Appearance Board. (Note: CAB review will occur after
the writing of this staff report.)
Utility Matters: Generally the proposals for water and
extensions are acceptable. However, the following items
need to be resolved. Again, these are best resolved
considering the necessary subdivision plat.
sewer
still
when
extension of water and sewer mains
pavement of the new street so that the
to be cut in the future;
easterly under the
street does not need
verification from the Director of Public Utilities that the
Master Water Plan, 16" transm~ssion main, can be located in
the new 'street right-of-way and that a connection can be
made between its southern end to the watermain casing
located under 1-95;
l
.
To: Planning and ~oning Board
Re: Site Plan for Linton Office Center
Page 5
a outstanding requirement of the CRJ approval was
property is required to pay a fee of $75,000
expended for the upgrading of the City's water
accommodate development on this overall parcel.
that
which
system
this
was
to
Additional Impact Fees and Other Items:
Payment of $.50 per square foot of office space for deposit to
the City's Roadway Trust Fund for improvements to the capacity of
the 1-95 interchange applies to this project.
Payment of $10.00 per linear front foot along
for the Linton Boulevard Beautification project
to City commission policy.
Linton
applies
Boulevard
pursuant
As mentioned and discussed several times in this staff report, it
is necessary that the entirety of Parcell, Linton Center be
replatted in order to identify the separate interests in the west
and east portions, to accommodate requested abandonments, to
provide for dedication of the new public street, to provid,
dedications along Linton Boulevard, to fix points of ingress and;t
egress and limit access elsewhere, to accommodate easements for I
public water and sewer mains, and to provide the agreements for"
the installation of services and phasing of improvement of the
new public street.
STANDARDS FOR THE EVALUATION OF SITE AND DEVELOPMENT PLANS:
These standards are found in Code Section 30-22-D.
(1) Sufficiency of Statements and Materials: While the site
plan itself is sufficient, the materials necessary for
proper determinations relative to rights-of-way and pUblic
improvements are not. To accommodate the site plan action,
it is suggested that conditional approval be given until the
northern and eastern property boundaries are firmly affixed
through the platting process.
(2) Density of the Proposed Use: While the project does not
create normal problems identified with over intensive use
(e.g. crowding of boundaries, congestion) these do not exist
on the proposed plan. However, two variances are required;
one for height and one for yard encroachment. Denial of
either variance would make a finding supporting this
criteria invalid.
(3) Ingress and Egress
(4) Off-street parking and loading areas
(5) Screens and Buffers
- each of these items are adequately addressed on the
submitted site plans
l
To: Planning an ~oning Board
Re: Site Plan for Linton Office Center
Page 6
(6) Drainage: Swales are provided for on site retention.
However, drainage calculations have not been provided to the
City Engineer for verification of design capacity. This may
be accommodated in a condition of approval.
(7) Sanitary Sewer and (8) Utilities:
These items are sufficient for the proposed site
development. Points raised in the staff report need to be
addressed. These may be addressed in the subdivision
submission.
( 9)
Recreation
the extent
provided.
and Open Space standards do not apply except
of providing perimeter landscaping - which
to
is
(10) Site Development: This subjective standard appears to be
met in the overall acceptance of the proposed development.
There are no specific problems or concerns with the overall
site layout with respect to compatibility and harmony with
adjacent and nearby properties nor with the City as a whole~-t
i
ALTERNATIVE ACTIONS:
, ,
1. Forward with a recommendation of approval as a final site
plan subject to conditions.
2. Forward with a recommendation of approval as a tentative
site plan provided that items of continuing concern are
resolved in favor of the site plan e.g. subdivision items
and variances being granted from the Board of Adjustment.
3. Continue with direction and concurrence (i.e. holding the
site plan until subdivision and variance items are
resolved) .
4. Forward with a recommendation of denial based upon any or
all of the following:
excessive building height;
the existence of a building which has less than the
required ground floor area of 4,000 sq.ft.
l
.
To: Planning anL "oning Board
Re: Site Plan for Linton Office Center
Page 7
RECOMMENDED ACTION:
By motion, forward the site plan for Linton Office Center to the
City Commission with a recommendation of approval subject to the
following findings, waivers, recommendations, and conditions:
Findings:
That the site plan essentially meets the standards for evaluation
of a site and development plan provided that variances are
granted (as recommended herein) and that platting verifies the
north and east property boundaries as shown on the site plan.
That the inclusion of the teller building as a part of the office
building is acceptable.
Waivers:
That the Planning and
granted to the width
. feet.
Zoning Board recommends that a waiver
of commercial sidewalks from ten to
be
si~
:f
I
"
Variances Recommendations:
That the Planning and Zoning Board
variance for building height in
consistent with the Land Use Policy
this location within the City.
That the Planning and Zoning Board recommends the granting of a
variance for reduction of rear yard setback to forty feet (40').
recommends the granting of a
that such a variance is
Guide and is appropriate for
Conditions:
1. That site plan approval shall not become valid until such
time as a preliminary subdivision approval is granted by the
Planning and Zoning Board for the replatting of Parcel I,
Linton Center, and conversely, this tentative approval shall
be valid for a period of one year in which the preliminary
plat must be submitted and approved..
2.
That once this
for a period
30-22-E.
site plan becomes valid, it shall be
of eighteen months or pursuant to
valid
Section
3.
That action
the Board
Commission.
on the required variances shall be obtained from
of Adjustment prior to action by the City
l
To: Planning an ~oning Board
Re: Site Plan ftJ.. Linton Office Center
Page 8
4. That prior to action by the City Commission drainage
calculations are to be submitted to and deemed acceptable by
the City Engineer.
5. That a replat of Parcell, Linton Center is required. Said
plat to addresses the myriad, of items discussed in the
Planning and Zoning Board staff report (11-16-87) prepared
for consideration of the site plan.
6.
That revisions to plant
alternative species for
acted upon by the CAB.
That the outstanding water repayment fee of $75,000 be
prior to action on the requested plat.
materials in utility easements
the Ficus trees be reviewed
7.
8.
The fees shall be collected pursuant to City Roadway
and Linton Boulevard Beautification programs.
That the project shall provide signalization of the
entry intersection with Linton commensurate
construction activities.
9.
REF/DJK*lO/B:QXRSJT.TXT
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and
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March 30, 1988
Mr. A. C. Williams
P. O. 417
Deerfield Beach, Florida 33441
Dear Mr. Williams:
Subject: Your Project N. W. 9th Avenue
West Atlantic Avenue
The City of Delray Beach has considered the possibility
of acquiring the right-of-way for N. W. 9th Avenue. In
this regard, the City is not interested in pursuing ac-
quisition of any of your property, either a portion, or
in its entirety, for right-of-way for N. W. 9th Avenue.
.
Should you need additional information, kindly contact
me.
Sincerely,
~~tZ
Gerald B. Church, P.E.
Acting Director of Public Works/City Engineer
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City Manager
Martin 0' Shea /
Gates D. Castle I
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COFtRESPtJNDENCE
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FROM ?,tf{;erald B. Church, P.L, City Engineer
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SUBJECT N. W. 9TH AVENUE BETWEEN ATLANTIC AVENUE AND N. W. 1ST STREET
DAE 2/8/88
As indicated on the attached atlas sheet, a full right-of-way (50') doesn't
exist for the subject section of roadway. The roadway has been the subject
of a recent lawsuit in which the final judgement was made in favor of the
City. As per Herb Thiele's August 13, 1986 memo (copy attached), the road-
way could legally stay in its present configuration indefinitely. However,
ideally, as per my July 27, 1982 memo (copy attached), a 50 foot right-of-
way should be obtained so that the alignment would be straight from N. W.
1st Street to Atlantic Avenue.
A plan has been submitted by the owner of Lots 10,11 and 12 of Block 2, J. '
G. Fenno's subdivision to build a small store on Lot 11. As part of the
Engineering Department's review, it was noted that the development of the
lot would preclude obtaining a 50 foot right-of-way to line up N. W. 9th
Avenue, as originally recommended.
We recommend that the City consider acquiring the right-of-way before the
development of Lot 11, and subject to your approval, we shall discuss the
proposal with the owner. At this time, his plan review is being delayed;
however, we would like to advise him by February 15, 1988.
GDC:GBC:ji:mld
Attachments
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DEPARTrvr::NTAL
CORRESPONDENCE
[ITY OF
DELRAY BEA[H
_--2~Gi
TO ~ER O. BARR~ CITY MANAGER
cee'" ~~~~~cs,O~~r
Department of Planning and Zoning
CITY COMMISSION DOCUMENTATION
MEETING OF APRIL 12, 1988
SUBJECT CONSIDERATION OF THE FINAL PLAT FOR YU BROTHERS INDUSTRIAL
DEVELOPMENT
ITEM BEFORE THE COMMISSION:
4-7-88
The action requested of the Commission is approval of the Yu
Brothers Final Plat.
This item may be placed on the consent agenda.
BACKGROUND:
The associated project, Yu Brothers Food Distribution, is locat~d
on the east side of Congress, south of Lake Ida Road.
This plat is required as a condition of approval for
Brothers Food Distribution Facility site plan which was
by the City Commission in May, 1987. The facility will
of approximately 23,000 sq.ft. of building area.
the Yu
approved
consist
More information on the plat processing is found in the attached
P & Z Staff Report. All conditions of approval have been
complied with. Financial guarantees are not required since this
project is only a boundary plat as opposed to a subdivision plat.
A subdivision plat provides for the creation of separate interest
in real property, whereas the boundary plat provides for
"cleaning-up" the boundary and providing dedications.
Improvement guarantees are accommodated through the site plan and
building permit processes.
ALTERNATIVE ACTIONS:
There is only one action to be taken and that is
one course of action is available since the
heretofore been approved and the plat is only
which complies with technical requirements.
approval.
site plan
a boundary
Only
has
plat
RECOMMENDED ACTION:
By motion, approval of the Yu Brothers Final Plat.
attachment:
- P & Z Staff Report of August 28, 1987
ref:DJK#17/A:ccyusub
/7
Te., E i'OF.' A.
M."'~,[H::
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pLANNING B L~~ING
CITY OF OELRAY
BOARD
BEACH
.
MEET ING rnTE:
Friday, August 28, 1987
(Continued from Monday, August 24, 1987)
STAFF REPORT
AGENDA ITEM:
IV. E.
ITEM:
Yu Brothers Food Distribution Facility - Preliminary/Final Plat
.
.
.
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GENERAL DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . .
Agent............................................... ..
Location. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Size................................................. ..
Existing Land Use
Designation.................. .
Current Zoning................
Request...................... .
Development Proposal..........
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Yu Brothers, Inc.
Ted Bessette
On the west side of
congress Avenue, between
Atlantic Avenue and the
L32 Canal.
1.346 acres.
I - Industrial
LI - Light Industrial
Subdivide an unplatted
tract.
To allow a 22,326 sq. ft.
wholesale sales office
with attendant
distribution facilities.
ITEM.
To:
Re:
Plannin- ~'Zoning Board
Yu Brothers Food Distribution
Preliminary/Final Plat
August 24, 1987
Page 2
, (
Fac~l~cy -
ITEM BEFORE THE BOARD:
Pursuant to the Subdivision Regulations, Code Section 24-18
(A)(4l, the Planning and Zoning Board is to review final
plats, prior to action by the City Commission, and make a
determination regarding "compliance certification". This
project Yu Brothers Food Distribution Facility,has
previously received site plan approval and is therefore
acceptable as a preliminary/final plat.
The specific action before the Board is that of making a
determination as to whether or not the final plat complies
with the final plat regulations of the City and the
previously approved site plan.
PREVIOUS CONSIDERATIONS:
April 27, 1987:
Recommendation of approval of the site
plan by the Planning and Zoning Board.
.
May 26, 1987:
Approval of the site plan by the City
Commission, - see attached conditions.
COMPLIANCE WITH PREVIOUS CONDITIONS OF SITE PLAN APPROVAL
AND PLATTING REQUIREMENTS:
Site Plan
1. Conditions 3 through 13, 17 and 18 pertain to the site
plan and have been accommodated on revised site plans.
2. Conditions 1, 2 and 16, relate to the final plat and
have been addressed by this submittal.
3. Conditions 14 and 15 requires the payment of fees upon
obtaining a certificate of occupancy. This matter is
procedural.
4. Condition 19 and 20 are standard procedural conditions
and are covered by ordinance.
Platting
5. Pursuant to Section 24-18 (B), the final plat is in
proper format and has been properly executed by the
surveyor and the owners.
6. That approval permits fro~ S.F.W.M.D. be submitted to
the City.
7. Provide a letter of confirmation from Palm Beach County
Engineer confirming that the 60 foot right-of-way to
the centerline of Congress Avenue is sufficient.
(
To: Planning .. Zoning Board
Re: Yu Brothers Food Distribution Facility~
Preliminary/Final Plat
August 24, 1987
Page 2
ITEM BEFORE THE BOARD:
Pursuant to the Subdivision Regulations, Code Section 24-18
(A)(4), the Planning and Zoning Board is to review final
plats, prior to action by the City Commission, and make a
determination regarding "compliance certification". This
project Yu Brothers Food Distribution Facility,has
previously received site plan approval and is therefore
acceptable as a preliminary/final plat.
The specific action before the Board is that of making a
determination as to whether or not the final plat complies
with the final plat regulations of the City and the
previously approved site plan.
PREVIOUS CONSIDERATIONS:
April 27, 1987:
Recommendation of approval of the site
plan by the Planning and Zoning Board.
,
May 26, 1987:
Approval of the site plan by the City
Commission, - see attached conditions.
COMPLIANCE WITH PREVIOUS CONDITIONS OF SITE PLAN APPROVAL
AND PLATTING REQUIREMENTS:
Site Plan
1. Conditions 3 through 13, 17 and 18 pertain to the site
plan and have been accommodated on revised site plans.
2. Conditions 1, 2 and 16, relate to the final plat and
have been addressed by this submittal.
3. Conditions 14 and 15 requires the payment of fees upon
obtaining a certificate of occupancy. This matter is
procedural.
4. Condition 19 and 20 are standard procedural conditions
and are covered by ordinance.
Platting
5. Pursuant to Section 24-18 (B), the final plat is in
proper format and has been properly executed by the
surveyor and the owners.
6. That approval permits from S.F.W.M.D. be submitted to
the City.
7. Provide a letter of confirmation from Palm Beach County
Engineer confirming that the 60 foot right-of-way to
the centerline of Congress Avenue is sufficient.
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DEPAR......' Jr"N'-'-1' '
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CORRESPONDENCE
[IT'll OF
DELAAY BEA[H
2~_~
~ER O. BARRY, CITY MANAGER
C\1 )dCi~V~C')~~i~~
Department of Planning and Zoning
CITY COMMISSION DOCUMENTATION
REGULAR ~EETING OF APRIL 12, 1988
scc",CONSIDERATION OF A MAJOR SITE PLAN MODIFICATION FOR TIlE DELRAY
- (LINTON MANOR) A.C.L.F. RE: A CHANGE IN ACCESS
4-5-88
ITEM BEFORE THE COMMISSION:
The action requested of the Commission
the way access will be provided to
Linton Manor) A.C.L.F.
is approval of a change in
the proposed Delray (aka
This item is fast-tracked before the Commission upon
the applicant. The Planning and Zoning Board will
formal recommendation at its special meeting of April
request
provide
11th.
of
a
This item can be
it is classified
controversy. It
initial approval
Commission.
accommodated on the consent calendar. Although
as a "major" amendment it does not present any
is processed as a major amendment since the
involved negotiations on the access issue by the
BACKGROUND:
This item was before the Commission previously for annexation,
zoning of M.O.I., and site plan approval. The annexation action
was delayed pending satisfactory resolution of the method of
primary access to the project site (the site is not adjacent to
an existing street). The Fire and Engineering Departments
opposed the initially proposed access which involved joint use
of the entry between BocaRay Center and South County Mental
Health. The Commission (primarily through the efforts of the
Mayor) developed an alternative access scheme along the south
boundary of the Mental Health property. The annexation was then
consummated, and the site plan approved, on that basis.
Subsequently, approval for accessing Military Trail at
negotiated point was not approved by the County.
reexamination of the access situation by the Fire
Engineering Departments and with some further modifications
the proponent, the previous objections have been lifted.
the
Upon
and
by
In order to accommodate the revised northerly entry, it is also
necessary to grant administrative relief thus allowing restriping
of the parking area to accommodate compact parking spaces and
thus having the South County Mental Health meet parking code.
1<6
T E
A ::"v. i\ll,;.TT[H
TO: Walter o. Be ~y
RE: City Commission Documentation
Regular Meeting of April 12, 1988
Consideration of a Major Site Plan Modification for the
Delray (Linton Manor) A.C.L.F. - Re: a Change in Access
Page 2
ALTERNATIVE ACTIONS:
1. Continue with direction.
2.
Approve the modification
accompanying request for
compact parking spaces.
to the site
administrative
plan
relief
and
for
3. Deny the requested modification and direct that access
be gained in some other manner than through a
connection to Military Trail. Such an action may
necessitate pUblic sector assistance (condemnation)
since this property is now in the City and is zoned for
the proposed use.
RECOMMENDED ACTION:
By motion, approval of the site plan modification shifting access
to the north and the accompanying request for administrative
relief to allow restriping for compact car spaces.
Attachment:
- letter from the project representative
ref:DJK#18/A:cclmaclf
l
~LANNING 8 ~~NING BOARD
CITY OF OELRAY BEACH
~
MEETING o:nE:
STAFF REPORT ___
November 16, 1987
AGENDA ITEM:
III. F
ITEM:
SITE PLAN FOR DELRAY (LINTON MANOR) A.C.L.F.
--y\ .f
N
'J(
~
j.t. j
GENERAL DATA:
PROJECT DATA:
OWner
.......4...............
Alma Crepin
Agent
........................
Larry Schneider, Architect
East of the County Mental
Health facility on Military
Trail
Location
......................
Parcel size
..................
5.13 acres
Land Use Plan Designation .... ART
Zoning
.....................
MOl (in process)
Adjacent Zoning
...........
MOl to west, County RS to
east, south, and north
Current Use
................
Single family residence
Adjacent Uses
................
County Mental Health to west,
Blood's Grove to east and
south,rural residential to
north
Proposed Use
.................
A.C.L.F to be built in two
phases
Water and Sewer Service
Extension of City mains
ITEM:
ill. F.
l
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o
-
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m~ I I
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'MfUTAR'f TRAIL
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Currie
Sch neider
Associates
'\1'\. PA,
-\rchl(t'Ch, PIJJ1rWI,
& Interior O"",lgf1l'r,
R.ECEIVFD
MAR 3 0 19Mtl
25 Sf'dbreelf'
Delray Beach FL
13444
MARCH 28. 1988
MR. WALTER BARRY, CITY MANAGER
CITY OF DEL RAY BEACH
100 NW 1ST AVENUE
DELRAY BEACH, FLORIDA 33444
CITY MANAGER'S OrneE
305/276-4951.
391-5592.737-2279
~AL-
RE: LINTON MANOR SITE ACCESS 87422,02
DEAR MR. BARRY:
-
f;NCLOSED YOU WILL 1"~~ A COPY OF A CORRESPONDENCE REGARDING THE
LIN THE ABO REFERENCED PROJECT. WE KINDLY REQUEST
YOUR INCLUSION OF THIS ITEM ON THE CITY COMMISSION'S MEETING OF
APRIL 12, 1988 FOR TW EASONS:
--
.......~"'" .,,,...,..,,. .~.. r~"""'",""'.-""-"""'''''''~-'''' ;...."...~
1. AT THE NOVEMBER 1987 MEETING OF THE CITY COMMISSION. THEY
APPROVED THIS PROJECT FOR DEVELOPMENT. DUE TO CONFLICTS
WITH THE COUNTY ENGINEERING DEPARTMENT, THE ACCESS FOR THIS
PARCEL WAS NOT ACCEPTED, IN SUBSEQUENT MEETINGS HELD WIT~
THE CITY ENGINEER. A VIABLE ALTERNATIVE HAS BEEN REACHED
AND THOSE PLANS HAVE BEEN SUBMITTED TO THE PLANNING
DEPARTMENT FOR THEIR REVIEW AND PRESENTATION TO THE PLANNING
AND ZONING BOARD,
2. THIS PROJECT IS STILL FRESH IN THE MINDS OF THE MEMBERS OF
THE PLANNING AND ZONING BOARD AND THE CITY COMMISSION, AND
THEREFORE, THEY ARE WELL AWARE OF OUR CONCERNS REGARDING THE
ACCESSIBILITY TO THIS SITE, WE HAVE GAINED THAT ACCEPTANCE
AND VIEW THE MODIFICATION TO THE OOCUMENTS AS A MINOR ONE.
DURING ALL THE PUBLIC HEARINGS, THERE HAS BEEN NO ONE TO
OBJECT TO THIS PRO,JECT, THE ClOSEST NEIGHBOR IS THE SOUTH
COUNTY MENTAL HEALTH CENTER AND THEY HAVE WORKED DILIGENTLY
WITH US AND OUR CLIENT TO ASSIST IN THE FORMALIZATION OF
THIS PRO.JECT.
WE, THEREFORE. REQUEST THIS ITEM TO BE INCLUDED ON THE APRIL 12TH
COMMISSION MEETING SO THAT THE THIS PRO.JECT CAN GO FORWARD. WE
THANK YOU IN ADVANCE FOR YOUR ASSISTANCE REGARDING THIS ISSUE,
SINCERELY,
rRRIrn~C~ASSOCIATE'3
l~Y M, :'CHNEIDER, AlA
P~~fER
LMS/,Jp
A:BARRY.42::'
ATA, PA
CC: DAVID YOVACS
GERALD CHURCH
GEORGE CANTY
l
/ Currie
< Schneidt.
Associates
AlA, PA
Architects. Planners
& lnlerior Designers
2S Seabreeze
Delray Beach, Fl
33444
MARCH 28. 1988
305/276-4951,
391-5592,737,2279
MR. DAVID KOVACS
PLANNING DIRECTOR
CITY OF DEL RAY BEACH
100 NW 1ST AVENUE
DELRAY BEACH. FLORIDA 33444
RE: LINTON MANOR SITE ACCESS
87422.02
DEAR MR. KOVACS:
WE ARE KINDLY REQUESTING THAT THE MODIFICATION TO THE SITE PLAN
FOR LINTON MANOR, RECOMMENDED FOR APPROVAL BY THE PLANNING AND
ZONING BOARD AND LATER APPROVED BY THE CITY COMMISSION. BE RE-
HEARD AT THE PLANNING AND ZONING BOARD'S APRIL 11, 1988 MEETING.
WE ASK FOR THIS TIME FRAME BASED ON THE FOLLOWING DATA. .
THE PROJECT PROCEEDED WITH SUBMITTALS IN JUNE OF 1987 AND A
CONCERN WAS RAISED DUE TO THE ACCESSIBILITY THROUGH THE EXISTING
RIGHT-OF-WAY EASEMENT. THIS EASEMENT IS LOCATED ON THE NORTH
SIDE OF THE SOUTH COUNTY MENTAL HEALTH CENTER.
AFTER PRELIMINARY PLANS WERE SUBMITTED FOR REVIEW, A CONCERN WAS
RAISED BY THE ENGINEERING AND FIRE DEPARTMENTS REGARDING
VEHICULAR ACCESS VIA THIS EASEMENT,
DISCUSSION ENSUED AND A RECOMMENDED SOLUTION WAS PRESENTED WITH
THE ACCESS TO OCCUR ON THE SOUTH SIDE OF THE SOUTH COUNTY MENTAL
HEALTH CENTER WITH A DIRECT LINKAGE TO MILITARY TRAIL. THIS WAS
ACCEPTED BY ALL DEPARTMENTS AND WAS EVENTUALLY APPROVED AT THE
CITY COMMISSION MEETING OF NOVEMBER 1987, AT THAT TIME. PALM
BEACH COUNTY ENGINEERING WAS QUESTIONED AS TO THEIR POSITION
REGARDING THIS ACCESS. THIS WAS FOUND TO BE UNACCEPTABLE BY THEM
AND A MEETING WAS HELD IN FEBRUARY 1988. AT THAT MEETING, JIM
PETERS, ANDY HERTEL. JERRY CHURCH, THE OWNER AND THE ARCHITECT
MET TO DISCUSS THIS ACCESS, AT THAT POINT IN TIME, THE COUNTY
STRONGLY RECOMMENDED THE EXISTING NORTH ENTRYWAY AND IT WAS
SUGGESTED THAT THE CLIENT AND THE CITY WORK ON THIS SOLUTION.
MEETINGS WERE THEN HELD WITH THE CITY ENGINEER AND IT WAS
ESTABLISHED THAT THE NORTH ACCESS WOULD BE ACCEPTABLE TO THE
ENGINEERING AND FIRE DEPARTMENTS. THIS WAS RESOLVED BY A
DOCUMENT THAT WAS SUBMITTED TO YOUR DEPARTMENT ON MARCH 14, 1988
FOR A SITE PLAN MODIFICATION.
l
MR. DAVID KOVACS
LINTON MANOR SITE ACCESS 87422.01
MARCH 28. 1988
PAGE 2
IT WAS ESTABLISHED BY YOUR DEPARTMENT THAT THIS WOULD NEED TO BE
PRESENTED TO THE PLANNING AND ZONING BOARD. AS WELL AS THE CITY
COMMISSION. DUE TO THE FORMAT OF THE ACCEPTANCE OF THE ORIGINAL
SOUTH ACCESS.
AT THIS TIME THE DOCUMENTS ARE IN THE POSSESSION OF THE PLANNING
DEPARTMENT FOR REVIEW, IMPLEMENTATION AND FOR PRESENTATION TO THE
BOARD AT THEIR NEXT MEETING. WE WOULD GREATLY APPRECIATE IT IF
THAT NEXT MEETING COULD BE THE APRIL 11TH MEETING SO THAT WE MAY
PRESENT THIS TO THE CITY COMMISSION FOR THEIR REASSESSMENT AT
THEIR APRIL 12TH MEETING, BY COpy OF THIS CORRESPONDENCE WE ARE
REQUESTING THE SAME FROM THE CITY MANAGER.
THIS REQUEST IS DUE TO THE FACT THAT ALL EFFORTS HAVE BEEN
EXHAUSTED BY THE ARCHITECT AND CLIENT TO RESOLVE THIS ISSUE AND
IT NOW APPEARS THAT ALL DEPARTMENTS HAVE ACKNOWLEDGED THIS
MODIFICATION AND WE WISH TO PROCEED WITH THIS PROJECT AS QUICKLY
AS POSSIBLE AFTER THIS LENGTHY DELAY,
THANK YOU IN ADVANCE FOR YOUR ASSISTANCE IN ATTAINING OUR MUTUAL
GOALS.
INCERE~~hI~A
URR~. ~ SSOCIATES
LARR M. SCHNEIDER. AIA
PAR NER
AIA, PA
LMS/JP
A:ACLF01,422
CC:
GEORGE CANTY
WALTER BARRY, CITY MANAGER J
GERALD CHURCH. CITY ENGINEER
l
[ITY OF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 31" 51 hi Slldll. SIITI 4
I)!:UL\Y 13LAClL I'LORIDA 33483 305/243-7090
NEMORANDUM
Date:
March 25, 1988
'1"10:
City commission
Walter 0, Barry, City Manager~
From:
Herbert W.A. Thiele, City Attorney
Subject:
Offer of Settlement Regarding Anderson v. City of
Delray Beach, et al.
Attached hereto for your reference and review, please find copy
of correspondence received by the City Attorney's Office with
regard to the above-captioned litigation.
You may recall that this litigation was instituted by Charles
L. Anderson, pro se, with regard to Mr. Anderson's unsuccessful
application for hiring by the City as a pOlice officer, and who
then subsequently filed both EEOC charges and then subsequently
this lawsuit in the United States District Court for the
Southern District of Florida. At the present time there
remains pending against the City of Delray Beach and the named
individual defendants, a 42 U.S.C. Sec. 1983 cause of action,
along with a race discrimination claim.
The letter of March 16, 1988 from Mr. Anderson requests that
the City settle this case by paying to Mr. Anderson the sum of
$162,500.
The case is currently set for a pre-trial conference before the
Federal Magistrate in Fort Lauderdale on Thursday, April 28,
1988.
Since this is a formal offer that is before the City at the
present time, we would request that this matter be placed on
the City Commission's regular agenda for Tuesday, April 12,
1988 for your consideration of this settlement offer by Mr.
Anderson. The City Attorney's Office, along with our outside
consulting law firm on this matter, Crowell and Moring, both
recommend that you reject this settlement offer.
/q
l
.
City Commission
Walter O. Barry, City Manager
March 25, 1988
Page 2
If you would
matter, please
convenience.
like additional information
contact me personally at
concerning this
your earliest
~
HT:sh
Attachment
cc: Chief Charles Kilgore, Delray Beach Police Department
Marty Buben, Personnel/Labor Relations Director
David M. Huddleston, Director of Finance
Lee Graham, Risk Management Administrator
Thomas P. Gies, Esq., Crowell and Moring
Gallagher-Bassett Insurance Services
,
l
2291 NW 12 Court
P~~Beach, Florida 33060
March ..., 1988
:g14b\ ~
City of Delray Beach
Office of the City Attorney
Attorney Herbert W.A. Thiele
100 NW First Avenue
Delray Beach, Florida 33444
Rl:j]FIVCO -~.::
"7 ;:: ""ON:
-~-- 1 -1..L i_~.
C1f;1 /.~i, ~ ~ .'. -- __
r;ii~ 0! L,~,;~-,,~ .~.....Orf;t' ,
~. .' \ bf3('}f
Dear Attorney Thiele:
I have made an appointment with your secretary for a meeting at your office
on April 15, 1988, at 2:30 PM, as stipulated in the Order for a Pre-Trial
Conference .
Dlring the meeting, I ~ld like to discuss the pre-trial stipulation, and
possibly a reasonable out-of-=urt settlarent. A settlarent would save a
lots of tiIre fran litigating the issues of this claim. If possible, I will
settle this claim, prior to the Court's decision on my M:ltion to Rehear for
Sunrnary Judgrrent, and/or JuQgrrent on the Pleadings for the plaintiff.
I am almost positive that after reviewing the caselaw and admissible evidence
exhibited in the Court file that it would be a waste of time to litigate the
issues of this claim. I sincerely feel that a settlarent would save money for
the City of Delray Beach.
I am willing to settle this claim for cl minimum of $162,500.00. I arrived
at this figure by canputing back pay for .?~ years with the yearly salary
'incluQing benefits averaging at approximately $25,000 per year. Therefore,
the back pay would be app=ximately $62,000.00. I feel that additional damages
to me should equal at least $100,000.00. Several years ago, the City of Riviera
Beach Police Department lost on a discrimination in the amount of $500,000.00.
Qi}ull:~Y '~,
J --
l~fL. erson
2291 NI'! 12 Court
Panpano Beach, Florida 33060
(305) 974-6679
Copy forwarded to:
City of Delray Beach;
Thanas P. Gies & Kathleen J. Raynsford
Crowell & M:lring
1001 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
Y..~fW .
O'NEAL.pRIEST :O~I~~ WARS OF THE U,S,
5 S,E. 2 Avenue ,4141
P,O, Box 2094
Oelray Beach, Florida 33444
~/~ /9' 8?
[)~j~/
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OF FORE
I N WARS ''1-0
OF THE UN r-
ITED STAT S
I
Chapter 22 of the Code of Ordinances
Adopted June 8, 1982
APPLICATION FOR PERMIT TO SOLICIT
IN ~E CITY OF DELRAY BEACH, FLORIDA
Vfltfl!/.C; ()f f&R /G IV 11);:1 rr s
Name of Organization
S.~[. :J.NdflVt/1)-/t?Il'/7Jch fl 33Y,/'I
Address I
r)J()():/ #fJ~/
,
17t~?dd?
Telephone Number
Incorporated. Yes,)( Nn. Date nf Inco<po"ation. /'7'~
COMI11 1'1/'1 DEI? 72HI ~/Ct:; L((pf /f/1S1/~{jS sr. '/:J.OC;:f 7i 37 ___
SR.VIC/:Cc)M(Vf, Rof;t,1T L4. ROc,,< 39'/'!I /7IYGi-t:-R!J/f, 1fVR~ 33S'Yj
-erR, VICK' COfllH -R R"'/ 1-/f1// :(f~J1Y~T/&- PI? CJLF-4rr'/?/ C/:-'.J3Y3S
NjP;\!es of Officers'and Di..rec~ors J!':S~o?" dl:c--d"c~//olv./1L
rJff/iEl?/v'flLj prtr/? /0710 fit / '/ fC4L J A;y ,
~ t~1~L~" ~ 6T?v ~-r-rl
. I ) (I / v-.(." -r~"" ~ ".1 #/
Purpose of Organization
JV"6A/~-
,
Name of Local Paid Executive:
KIND OF ACTIVITY:
/fjt} );1/*<;
(Gene al ~olicitation,
GbtV. Sollcl/fi-rJOY
Ball, Motion Picture; etc.)
;;; t4 d VII /VC E Q () 8 U/r/~A 1(1:- r; ,vel
Specific Purpose of Solic~tat~on .
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 r~sult in revocation of the permit to solicit~
lIt1fR V /1;// :2fAtncE"IZtF- 'M. OcE/ly7tiGc-IlJ3~JF
Name an Ad~ress :>f Local Chai an or erson Directing Solicitation
Goal IlI,[, () {)(} , do
~~ 2] /'l:'?,r. 70 ~f/I! 31
Da es of Sol~citation
~!:t:t::;on
srl/EJ
Methods
Il/O ),/ F
Paid Promoters or Ilo1idIt;'rs
o
Percentage Agreement
Estimated Administrat~ Cost
in Delray Beach
o
of Fund Raising
Items Underwritten
': 1
~.~:;~~~.;.
r," ~
Estimated Percentage of Proceeds to
be expended in De1ray Beach:
/0'0 c;!(
.
LATEST SOLICITATION IN THE CITY OF
Total Expenses in 19 f1'1
DELRAY' BEACH:
PCjV~
CF
Total Amount collected in 19 r7
Remitted to National or State in 19r1 c:J
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.
(jJo1ifLflf/ VE$IiJKS Or 1S!l;GtY w,4f;>S
Name of Applicant
By'
day of
Title:
SWORN TO AND SUBSCRIBED before me this
0\a.\c.k
.
,19 ~
Notar
Approved:
My Commission Expires:
Notary Publi,. Slale of Aorido
My Commission Expires Feb. 19, 1'191
ionud Thrv TIOY fel.. ~ IIIUfilll/lC. Inc.
City Council:
Disapproved:
.'
-2-
.A
I,
, .
.
. ,
mF.U'fH'ICl\'rION C1\nn
In C'';'',lplitlllce \'Iil:h 1\rticl<.: III, Chapter, 22 of the Cock:
CITY' 01:' DJ::IJu\Y DE1\ClI, FLORID1\
By luw thi3 curd mu%;t be. rClnd or t)rcl;entccl
to all l?r.onpcctJ.vc: ClOllor3.
NOT AN.I:.~DORSEr-1F.m.' FOP. INI:~OnMl\TI N ONLY
Palm Beuch County Chapt 'of t: v::
\
~I SA
Will conduct it3 annu 1 appeal. '
From Nflj.2J trd /169 to /lIA,Y:1f1 g Y
Distribution of $ '/"' L/) ,
Income Last Year ~JC/
Fund Raising,
Admini3tration and
Public Info~ation
Research
Patient, Service
Public Health
Information
Reserve Fund
Transmitted to
National,
State or Area
$
$
$
()
()
(" -)'0
(7<./
0%
() %
J()c) %
.
$
$
() %
tJ%
c?
0%'
$
/ -r (T1:I , . 1/\/) 0:
Total Distrihution $ (f)() ~
Each Dollar contributed ~c -V~~ ~()~
~ /I/Y;
last year \tw\lS spent as sho',.m below.
-~,.,
'.
Fund Raising,
Administration and
Public Information
0%
\
-"'\
\
)
/
I
I
. ~\ /
,l...M~:r~_.--.;/
Patient
Service
jOO %
Not<:!: Compliilnce wi.th other arpl:i~ilblc 1"w5 i.s not
waived by the issuance of a pennit ~o solicit.
To be used only by the solicitor whose sigllilture
appears below. Compare with your receipt.
Signiltures:
Dclrny 13enc:h Chnirlllan
Solicitor
Date effecl:.tve:
~<l.~~hR~ E>:PirC5:~d 3~/~8"3
- - L'.-'--l
- --~-- -- --- -------.
RESOLUTION NO, 24-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING THE WEST 2.5 FEET OF THE 15 FOOT
WIDE DRAINAGE EASEMENT LOCATED ALONG THE EAST
SIDE OF LOT 22, TOGETHER WITH THE NORTH 3,0
FEET OF THE 15 FOOT WIDE DRAINAGE EASEMENT
LOCATED ALONG THE SOUTH SIDE OF LOT 23,
"FAIRWAYS OF DELRAY", ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 54, PAGES
160-161, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLOR IDA,
WHEREAS, Seagull Associates South Corp., a Florida
Corporation, is the fee-simple owner of Lots 22 and 23, "Fairways
of Delray", 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 54, Pages 160-161; and,
WHEREAS, Paul Schmergel, Jr., Vice President of
Associates South Corp" a Florida Corporation, has made
tion for abandonment of a portion of a 15 foot wide
easement located within Lots 22 and 23, "Fairways of
and,
Seagull
applica-
drainage
Delray" ;
WHEREAS, the fee-simple owners of Lots 21 and 24,
"Fairways of Delray", each have not object.ed to same; and,
WHEREAS. the City Council of the City of Delray Beach,
Florida. finds that its interest in the described property is no
longer needed for the public good and deems it to be in the best
interests of the City of Delray Beach to vacate and abandon said
portion of the 15 foot wide drainage easement located within Lots
22 and 23, "Fairways of Delray",
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS:
Sectjon 1. That pursuant to Chapter 177,
177,101(5) and Chapter 166 of the Florida Statutes, it is
determined to vacate and abandon all right and interest it
to the following described real property:
Section
hereby
holds
The West 2.5 feet of the 15 foot wide drain-
age easement located along the East side of
Lot 22. together with the North 3.0 feet of
the 15 foot wide drainage easement located
along the South side of Lot 23. "FAIRWAYS OF
DELRAY", according to the Plat thereof
recorded in Plat Book 54. Pages 160-161. of
the Public Records of Palm Beach County,
Florida.
PASSED AND
day of
ADOPTED
in
regular session
, 1988,
on
this
the
MAY 0 R
ATTEST:
City Clerk
"')..-1
DEP ARTtv..=NT AL
CORRESPONDENCE
TO Walter O. Barry, City Manager
FROM ~Gerald
I
B. Church, P.E., City Engineer
[ITY DF
DELRAY BEAtH
1"~~Ci
SUBJECT
Abandonment Request - Fairways of Delray
3-21-88
The developer of Fairways of Delray has requested the abandonment
of 2.5' and 3.0' of the drainage easements on lots 22 & 23,
respectively. Engineering is satisfied that the project drainage
will not be adversely affected by the requested abandonment.
Further, the other City departments and utilities companies have
no objections to the proposal. Therefore Engineerinq recommends
that the City Commission grant the requested abandonments.
An Agenda Request form is attached for further processing.
"
GDC :GBC: ji
cc: City Clerk (w/copy of petition for Abandonment)
-y\
eM 362
THE EFFORT ALWAYS MATTEHS
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are based on the National Vertical Datum of 1929 and said
benchmarks supplied,by U.S.C. & G.S.
. -~
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. J. GIBSON AND ASSOCIATES. INr
Engineer$ and'Land Surveyors
3850 N.W. 2nd .Av~nue Boca Raton. Florida 33431
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CERTlF ICATE:
We hereby certify that the attached sketch of survey of the hereon described property is
true and correct to the best of our kn~ledge and' belief as. surveyed under our direction
on12~~1~7. We further certify that this sketch of survey meets the minimum technical
standards set forth in rule 21HH-6 adopted by 'the Florida Board of Land Surveyors. pur-
suant to Florida Statutes 472.027. There are no above !lround encroachments other than
those shown hereon. Subject. to easemepts, and'Ri ght Of-Way of. rec rd. ' ( .~.
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, J, GIBSON AND ASSOCIATES, INC
Engineers and Land Surveyors
3850 N.W. 2nd Avenue Boca Raton, Florida 33431
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Elevations shown hereon are based on the.National Vertical Datum of 1929 and said
elevations are based on benchmarks sUPPlieY,bY U,S.C. & G,S. .........,
CERTIFICATE: / '.........
We hereby certify that the attached sketch of survey of the hereon described property is
true and correct to the best of our knowledge and belief as surveyed under our direction
on \I'\(o'l"ltJ7. We further certify that this sketch of survey meets the minimum technical
standards set forth in rule 21HH-6 adopted by the Florida Board of Land Surveyors, pur-
suant to Florida Statutes 472,027. There are no above ground encroachments other than
those shown hereon. Subject,to easements and Rights-Of-Way of record. (
Owl), No:87-/709 SF: 0,.;:....:"'/
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,.
RESOLUTION NO. 20-88
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 \'IITHIN 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,
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 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 three theusRnd
two hundred seventy two and 50/100 as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
02:2
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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
wi th the same penal ties 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 I 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 shall become effective thirty
(30) days from the date of adoption and the assessment (s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
of
PASSED AND ADOPTED in regular session on this the 12th
April , 19 8&
day
MAY 0 R
ATTEST:
City Clerk
- 2 -
Res. No. 20-88
NOTICE OF ASSESSMENT
~-L
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Date
TO: Audrey Stevens
ADDRESS: 1371 6th Street, West Palm Beach, Fl 33401
PROPERTY: 41 NW 3rd Avenue, Delray Beach, FI 33444
LEGAL DESCJtD?rICN: S8.3' of Lot 2 and all of Lot 3, Block 44, Town of Linton, according
to Plat Book 1, Page 3 of the official records of Palm Beach County, Fl
You, as the record owner of, or holder of an interest in, the above-described
property are hereby advised that a cost of $3,272.50 by resolution of
the.-Sity Council of the City of Delray Beach, Florida, dated 7'~ ~'l. /:l
19l1.., has been levied against the above-d.escribed property.
The costs were incurred as a result of a nuisance abatement action regarding
the above-described property. You were given written notice on 9-15-87
that the building official has determined that a building located on the above-
described property was unsafe. You were advised in that notice of the action to
be taken to remedy that unsafe condition and of the time within which the remedial
action was required to be taken.
v
You failed to appeal the decision of the building official to
the Board of Construction Appeals although you were infomed
of your right to an appeal and of the procedures for obtaining
appeal. You have also failed to take the corrective action
required by the notice of the building official.
You appealed the decision of the building official to the
Board of Construction Appeals. You were given written
notification on that you were required
to take the corrective action required by the decision of
the Board of Construction Appeals within a stated period of
time. You failed to take the action as required by the order
of the Board of Construction Appeals.
The City of Delray Beach has therefore taken remedial action to remJVe the
unsafe condition existing on the above-described property on 3-30-88
at a cost of $3,272.50 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.
~"7~ 4~
City Clerk
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RESOLUTION NO. 21-88
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,
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 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 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 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 three thousand
fourteen and 00/100 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
q-73
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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
wi th the same penal ties 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 shall become effective thirty
(30) days from the date of adoption and the assessment (s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
of
PASSED AND ADOPTED in regular session on this the 12th
Apr il , I 9.J!..8.
day
ATTEST:
MAY 0 R
City Clerk
- 2 -
Res. No. 21-88
NarlCE OF ASSESSMENT
~
/;z,195'1
Date
'IO: Joe Jr and Ruhy Pntt~
ADDRESS: 618 NW ?nd Str@Pt'. DF! 1 T~Y Rp;:It"'h. Fl 11444
PROPERTY: 622 NW 2nd Street. Dp.lra.v Re;ir:h. Fl 11444
IEGAL DESCRIPTICN:
E35' of W50' of N135' of Block 11. Town of DelT~y. a.r:r:nrnini rn
Plat Book 1, Page 3 of the official records of Palm Beach County, Fl,
You, as the record owner of, or holder of an interest in, the arove-described
property are hereby advised that a =st of $3,014.00 by resolution of
theSity COuncil of the City of Delray Beach, Florida, dated P'" ,'.I. (L.. ,
19.11, has been levied against the above-described property.
The =sts were incurred as a result of a nuisance abatement action regarding
the above-described property. You were given written notice on 10-8-87
that the building official has determined that a building located on the above-
described property was unsafe. You were advised in that notice of the action to
be taken to raredy that unsafe condition and of the time within which the reredial
action was required to be taken.
x
You failed to appeal the decision of the building official to
the Board of Construction Appeals although you were infonned
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 =rrective action required by the decision of
the Board of Construction Appeals within a stated period of
time. You failed to take the action as required by the order
of the Board of Construction Appeals.
The City of Delray Beach has therefore taken reredial action to rervve the
unsafe =ndition existing on the above-described property on 3-30-88
at a =st of $3.014.00 which includes a ten percent (10%)
administrative fee. If you fail to pay this cost within thirty (30) days, that
=st 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 bJilding official.
BY ORDER OF THE CITY COUNCIL.
<7~!-Z c:r~~,-
City Clerk
""---
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RESOLUTION NO. 22-88
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 14 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative
has, pursuant to Chapter 14 of the Code of Ordinances, removed junked
and/or abandoned vehicles owned by persons described in the list
attached hereto and made a part hereof, for violation of the provisions
of Chapter 14 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 14 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated
representative has determined that a nuisance existed in accordance
with the standards set forth in Chapter 14 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 public nuisance pursuant to
Sections 14-2 and 14-3 of the Code of Ordinances; and,
WHEREAS, the property owner (s) named in the list attached
hereto and made a part hereof did fail and neglect to remove said
junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 14 within
the time limits prescribed in Chapter 14 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as
required by Chapter 14 of the Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Adminis-
tration or such agents or contractors hired by the City Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 14 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 nuisance(s) as aforesaid; and,
WHEREAS, the City Council of the City of
pursuant to Chapter 14 of the Code of Ordinances desire~
cost of said nuisance(s) against said property owner(s) ,
Delray beach,
to assess the
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS
Section 1. That assessments in the individual amounts as
shown by the report of the City Manager of the City of Delray Beach,
involving the City's cost of abating the aforesaid nuisances a copy of
which is attached hereto and made a part hereof, are hereby levied
against the parcel (s) of land described in said report and in the
amount(s) indicated thereon. Said assessments so levied shall, if not
paid within thirty (30) days after mailing of the notice described in
c2'1
Section 3, 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.
binding obligations
are levied.
That such assessment shall be legal, valid and
upon the property against which said assessments
section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice (s) that the City Council of the City of
Delray Beach on the 12th day of April, 1988 has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable
within thirty (30) days after the mailing date of said notice of
assessment, after which a lien shall be placed on said property, and
interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment (s) contained
herein and 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 eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of
Palm Beach County, Florida, and upon the date and time of recording of
the certified copy of this resolution a lien shall become effective on
the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable
attorney's fee.
Section 6. That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, in
the form of prescribed in Section 14-5 of the Code of Ordinances, shall
be mailed to the property owner.
day of
PASSED AND ADOPTED in regular session on this the 12th
April , 1988.
MAY 0 R
ATTEST:
City Clerk
-2-
Res. NO.22-88
COST OF ABATING NUISANCES UNDER CHAPTER 14, SECTION 3
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION
ASSESSMENT
LOT 1, NICHOLS 2ND ADDITION
TO DELRAY, PB 21, P 70, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(201 S.W. 7TH STREET)
LOT 14, BLOCK 7, OSCEOLA PARK,
PB 3, P 2, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(617 S.E. 3RD AVENUE)
LOT 22, BLOCK 2, ATLANTIC PARK
GARDENS, DELRAY, PB 14, P 56,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(18 S.W. 12TH AVENUE)
E50' OF W583' OF S140' OF
N165' OF N 1/2 OF NW 1/4 OF
SW 1/4 OF NW 1/4, SECTION
17-46-43, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(N.W. 2ND STREET)
E50' OF W583' OF S140' OF
N165' OF N 1/2 OF NW 1/4 OF
SW 1/4 OF NW 1/4, SECTION
17-46-43, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(N.W. 2ND STREET)
S50' OF N250' OF E135' OF
BLOCK 13, TOWN OF DELRAY, PB
1, P 3, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(20 S.W. 6TH AVENUE)
S30' OF LOT 6, BLOCK 28, TOWN
OF DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(17 N.W. 5TH AVENUE)
LOT 64 (LESS E3'), LOTS 65,
66 & N15' OF W12' OF LOT 84
IN OR303P673 & S12.5' OF PAR
LYG N OF & ADJ TO LOT 64
(LESS E3'), PALM SQUARE
UNREC., PALM BEACH COUNTY,FL
(49 PALM SQUARE)
LOT 4, PT OF SUB. OF BLOCK
64, DELRAY BEACH, PB 20, P
39, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(316 S. SWINTON AVENUE)
S 1/2 OF LOT 15 & LOT 16,
BLOCK 54, RESUB. OF S 1/2 OF
BLOCK 54, DELRAY, PB 11, P
2, PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(138 S.W. 1ST AVENUE)
LOT 1, BLOCK 10, ATLANTIC
GARDENS, DELRAY, PB 14, P 63,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(201 S.W. 11TH AVENUE)
OWNER
EDWIN & MARILYN VARIANCE
201 S.W. 7TH STREET
DELRAY BEACH, FL 33444
JAMES L. & MAUREEN MAAS
3825 LONE PINE ROAD
DELRAY BEACH, FL 33445
WILLIE WILCOX
18 S.W. 12TH AVENUE
DELRAY BEACH, FL 33444
JACQUEL DAWSON
2917-82 S.W. 13TH ST.
GAINESVILLE, FL 32608
JACQUEL DAWSON
2917-82 S.W. 13TH ST.
GAINESVILLE, FL 32608
ERROL GAYLE
20 S.W. 6TH AVENUE
DELRAY BEACH, FL 33444
LEONARD DAVIS
% GENERAL DELIVERY
V.A. BRANCH P.O.
LOS ANGELES, CA 90073
NOEL S. & PATRICIA SMITH
49 PALM SQUARE
DELRAY BEACH, FL 33483
LEVERT JR. & DEVONNE
HERRINGTON
316 S. SWINTON AVENUE
PELRAY BEACH, FL 33444
ERMINIA BENITEZ
STELLA B. MARTINEZ
138 S.W. 1ST AVENUE
DELRAY BEACH, FL 33444
W. & ANNIE L. THOMAS
201 S.W. 11TH AVENUE
DELRAY BEACH, FL 33444
-3-
$240.00
50.00 (ADM. COST)
(RECORDING)
$240.00
50.00 (ADM. COST)
(RECORDING)
$240.00
50.00 (ADM. COST)
( RECORDING)
$240.00
50.00 (ADM. COST)
(RECORDING)
$240.00
50.00 (ADM. COST)
(RECORDING)
$240.00
50.00 (ADM. COST)
(RECORD ING)
$240.00
50.00 (ADM. COST)
(RECORDING)
$ 40.00
50.00 (ADM. COST)
(RECORDING)
$240.00
50.00 (ADM. COST)
(RECORDING)
$240.00
50.00 (ADM. COST)
(RECORDING)
$240.00
50.00 (ADM. COST)
(RECORDING)
Res. NO.22-88
S3' OF LOT 10 & LOTS 11 & 12,
BLOCK 43, TOWN OF DELRAY, PB
1, P 3, PUBLIC RECORDS, PALM
BEACH COUNTY, FL -
(130-132 N.W. 2ND AVENUE)
LOT 22, LINCOLN ATLANTIC PARK
GARDENS, PB 23, P 226, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(138-140 S.W. 13TH AVENUE)
EDDIE & YVONNE ODOM, JR.
3905 LOWSON BOULEVARD
DELRAY BEACH, FL 33445
R. & MARY ANN FERGUSON
3893 CORTEZ LANE
DELRAY BEACH, FL 33445
$240.00
50.00 (ADM. COST)
(RECORDING)
$240.00
50.00 (ADM. COST)
(RECORDING)
VIOLATION IS: SECTION 14-3 - STORING, PARKING OR LEAVING vffiECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY PROHIBITED;
DECLARED A NUISANCE; EXCEPTIONS.
-4-
Res. No. 22-88
II
I
RESOLUTION NO. 23-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL RAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH 1 SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES 1
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS 1 PROVIDING FDR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN
UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS 1
PROVIDING FOR THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City manager or his designated representative has,
pursuant to Chapter 13 of the Code of Ordinances, declared the existence
of a nuisance upon certain lots or parcels of land, described in the
list attached hereto and made a part hereof, for violation of the
provisions of Chapter 13 of the Code of Ordinancesl and,
WHEREAS, pursuant to Section 13-16 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated
representative has inspected said land(s) and has determined that a
nuisance existed in accordance with the standards set forth in Chapter
13 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 public
nuisance pursuant to Sections 13-16 and 13-17 of the Code of Ordinances
describing the nature of the nuisance(s) and sent notice that within ten
(10) days from the date of said notice forty-two (42) days in the case
of violation of Section 13-14 pertaining to seawalls) they must abate
said nuisance, or file a written request for a hearing to review the
decision that a nuisance existed within seven (7) days from the date of
said notice, failing in which the City of Delray Beach would proceed to
correct this condition by abating such nuisance, and that the cost
thereof would be levied as an assessment against said propertYl and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 13-16 within the time limits prescribed in
said notice and Chapter 13 of the Code of Ordinances, or if the property
owner(s) did request and receive a hearing, said property owner(s)
failed and/or neglected to abate such nuisance(s) within seven (7) days
subsequent to the rendering of a decision adverse to the property
owner(s) (thirty-five (35) days for violation of 13-14) 1 and,
WHEREAS, the City of Delray Beach, through the City
Administration or such agents or contractors hired by the City
Administration was therefore required to and did enter upon the land(s)
described in the list attached and made a part hereof and incurred costs
in abating the subject nuisance(s) existing thereon as described in the
noticel and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 13 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 nuisance(s) as aforesaid, said report indicating the costs
per parcel of land involvedl and,
WHEREAS, the City Council of the City of Delray Beach, pursuant
to Chapter 13 of the Code of Ordinances desires to assess the cost of
said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
025
II
il
,
I
I
I
I
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcells)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, 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 first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice (s) that the City Council of the City of
Delray Beach on the 12th day of April, 1988 has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein 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
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
Section 6. That at the time the City Clerk sends the certified
copy of this resolution for recording, a notice of lien, in the form
prescribed in Section 13-20 of the Code of Ordinances, shall be mailed
to the property owner.
of
PASSED AND ADOPTED in regular session on this the
April , 1988.
12th
day
MAY 0 R
ATTEST:
City Clerk
- 2 -
Res. No.23-88
COST OF ABATING NUISANCES UNDER CHAPTER 13
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION
ASSESSMENT
S50' OF E135' OF W285' OF Sl/2
OF N 1/2 OF LOT 6, SUB.
17-46-43, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(NW 11TH AVE. & NW 1ST ST)
LOT 11, BLOCK 67, TOWN OF
DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(N.E. 1ST AVENUE)
S150' OF W135.5' OF BLOCK 26,
TOWN OF DELRAY, PB 5, P 64,
PUBLIC RECORDS, PALM BEACH
.COUNTY,FL
(415 N.W. 2ND STREET)
N69.5' OF LOT 9, BLOCK 78,TOWN
OF DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(SE 2ND AVE. & SE 1ST ST.)
LOT 10, BLOCK 25, TOWN OF
DELRAY, PB 5, P 2, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(NW 5TH AVE. & NW 3RD ST.)
LOTS 1 TO 9, INC., RESUB. OF
BLOCK 85, TOWN OF DELRAY, PB
1, P 3, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(29 S.E. 2ND AVENUE)
S30' OF LOT 6, BLOCK 28, TOWN
OF DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(N.W. 5TH AVENUE)
S24.7' OF LOT 5 & N44.7' OF
LOT 6, BLOCK 28, TOWN OF
DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(25 N.W. 5TH AVENUE)
S50' OF N300' OF W135' OF
BLOCK 33, TOWN OF DELRAY, PB
1, P 3, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(N.W. 4TH AVENUE)
LOT 21 & N 1/2 OF LOT 22/LESS
E5' RD R/W, BLOCK 109, TOWN OF
DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(72 & 72 1(2 S.E. 6TH AVENUE)
S 1/2 OF LOT 22 & LOT 23/LESS
SR R/W, BLOCK 109, TOWN OF
DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(86-86 1/2 S.E. 6TH AVENUE)
LOT 6, BLOCK 15, TOWN OF
DELRAY, PB 13, P 18, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(S.W. 7TH AVENUE)
OWNER
CLINTON M. KITCHENS
1102 N.W. 2ND STREET
DELRAY BEACH, FL 33444
$125.00
50.00 (ADM. COST)
(RECORDING)
J.REEVE & ANNE S. BRIGHT $ 75.00
700 SEA SAGE DRIVE 50.00 (ADM. COST)
DELRAY BEACH, FL 33483 (RECORDING)
FREDERICK D. McCOY $ 85.00
215 N.W. 5TH AVENUE 50.00 (ADM. COST)
DELRAY BEACH, FL 33444 (RECORDING)
J.REEVE & ANN S. BRIGHT
700 SEA SAGE DRIVE
DELRAY BEACH, FL 33483
DAVID HARGROVE
220 N.W. 4TH AVENUE
DEERFIELD BEACH, FL 33441
WM. C.WILLIAMS,III,TRUST
PALM BCH. CTY COURTHOUSE
#341
WEST PALM BCH, FL 33410
LEONARD DAVIS
% GENERAL DELIVERY
VA BRANCH P.O.
LOS ANGELES, CA 90073
$ 85.00
50.00 (ADM. COST)
(RECORDING)
$125.00
50.00 (ADM. COST)
(RECORDING) ,
$ 85.00
50.00 (ADM. COST)
(RECORDING)
$125.00
50.00 (ADM. COST)
(RECORDING)
ALEC M. SHATZ $ 85.00
THOMAS J. WOOLLEY, JR. 50.00 (ADM. COST)
P.O. BOX JJ (RECORDING)
BOYNTON BEACH, FL 33425
T. & OLETHA JONES $ 40.00
P.O. BOX 1571 50.00 (ADM. COST)
DELRAY BEACH, FL 33447 (RECORDING)
GEORGE F. KEENAN, JR.
464 POND STREET
BOSTON, MA 02130
GEORGE F. KEENAN, JR.
464 POND STREET
BOSTON, MA 02130
LUCIUS SIMMONS
1301 KANAB AVE., N.W.
PALM BAY, FL 32907
-3-
$ 12.50
25.00 (ADM. COST)
(RECORDING)
$ 12.50
25.00 (ADM. COST)
( RECORDING)
$ 22.50
25.00 (ADM. COST)
(RECORDING)
Res. No.23-88
LOT 7, BLOCK 15, TOWN OF
DELRAY, PB 13, P 18, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(S.W. 7TH AVENUE)
W1/2 OF LOT 7, BLOCK 30, TOWN
OF DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(S.W. 5TH AVENUE)
LOT 17, BLOCK 103, TOWN OF
DELRAY, PB 2, P 19, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(229 S.E. 4TH AVENUE)
LOT 1, BLOCK 9, ATLANTIC
GARDENS, PB 14, P 63, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(S.W. 11TH AVENUE)
LOT 10, BELLEHAVEN UNIT B,
PB 27, P 27, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(356 S.W. 10TH AVENUE)
LOT 7, BLOCK 4, CHATELAINE
NO.1, PB 29, P 95, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(3530 BLVD. CHATELAINE)
LOT 24, BLOCK 4, DELRAY BEACH
HIGHLANDS, SEC. 3, PB 27, P
108, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(1320 S.W. 20TH TERRACE)
ELY 522.52' OF N1/4 OF NEl/4
OF NW1/4 LYG W OF FIND CNL
R/W (LESS S25' OF E131.49' OF
NLY 47' OF WLY 53' FOR RD R/W
IN OR2346P784), SUB. 28-46-43,
DELRAY BEACH, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(McCLEARY ST)
(U.S. GOV'T SPOIL AREA)
LOT 28, POINCIANA HEIGHTS,
PB 26, P 45, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(319 N.W. 12TH AVENUE)
LOT 1, BLOCK 8, OSCEOLA PARK,
PB 3, P 2, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(702 S.E. 4TH AVENUE)
N100' OF LOT 4, BLOCK L,
REIDS VILLAGE, REPLAT OF
BLOCKS L, M & N, PB 23, P 137,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(VENETIAN DRIVE)
LOT 5, BLOCK 1, REPL. OF PT
OF LOTS 2 & 3, MODEL LAND
CO. 's SUB., PB 26, P 113,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(S. SWINTON AVENUE)
LOT 5, BLOCK B, WEST SIDE
HEIGHTS, DELRAY, PB 13, P 61,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(131 N.W. 9TH AVENUE)
LUCIUS SIMMONS
1301 KANAB AVE., N.W.
PALM BAY, FL 32907
ALBERT MARTIN &
MARILYN S. BARON
P.O. BOX 41-4002
MIAMI BEACH, FL 33141
JUAN MEDINA
131 N.W. 1ST AVENUE
DELRAY BEACH, FL 33444
ANNIE M. WATT, MAGGIE L.
WATT % ADELINE JENKINS
245 S.W. 12TH AVENUE
DELRAY BEACH, FL 33444
MARY MELVIN &
ISAAC MELVIN
356 S.W. 10TH AVENUE
DELRAY BEACH, FL 33444
HIGINIO GAGO
3530 BLVD. CHATELAINE
DELRAY BEACH, FL 33445
PAUL & KAREN FRIEND
9220 CLAREWOOD, #1043
HOUSTON, TX 77036
MIKE L. BLANK
P.O. BOX 1245
DELRAY BEACH, FL 33447
FRANK L. & EMMA HOWARD
736 PLACE TAVANT
DELRAY BEACH, FL 33445
R.M. & EDWINA JOLLY
702 S.E. 4TH AVENUE
P.O. BOX 479
DELRAY BEACH, FL 33444
BOOI SERVICES
1000 N.E. 3RD AVENUE
DANIA, FL 333C4
RALPH & MARGARET McEWAN
165 E. PALMETTO PARK RD.
BOCA RATON, FL 33432
FIRST FED.SAVINGS & LOAN
ASSN., % WEINER ET AL
P.O. BOX 694347
MIAMI, FL 33269
-4-
$ 22.50
25.00 (ADM. COST)
(RECORDING)
$ 45.00
50.00 (ADM. COST)
(RECORDING)
$ 65.00
50.00 (ADM. COST)
(RECORDING)
$ 55.00
50.00 (ADM. COST)
(RECORDING)
$ 25.00
50.00 (ADM. COST)
(RECORDING)
$ 75.00
50.00 (ADM. COST)
( RECORDING)
$ 18.44
50.00 (ADM. COST)
(RECORDING)
$185.00
50.00 (ADM. COST)
(RECORDING)
$ 60.00
50.00 (ADM. COST)
(RECORDING)
$ 25.00
50.00 (ADM. COST)
(RECORDING)
$245.00
50.00 (ADM. COST)
(RECORDING)
$ 75.00
50.00 (ADM. COST)
(RECORDING)
$ 30.00
50.00 (ADM. COST)
(RECORDING)
Res. No.23-88
SI/2 OF LOT 22 & N40' OF LOT
23, BLOCK 87, LINN'S ADDN. TO
OSCEOLA PARK, DELRAY, PB 1,
P 133, PUBLIC RECORD~, PALM
BEACH COUNTY, FL
(244 S.E. 3RD AVENUE)
S25.7' OF Wl/2 OF LOT 7 & W
1/2 OF LOT 8, BLOCK 59, TOWN
OF DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(15 N.W. 1ST STREET)
S25' OF N135' OF W35' OF E135'
OF BLOCK 21, TOWN OF DELRAY,
PB 1, P 3, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(S.W. 5TH AVENUE)
E50' OF W450' OF S135' OF W
1/2 OF S 1/2 OF LOT 5, SUB.
8-46-43, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(615 N.W. 4TH STREET)
LOT 27, BLOCK 1, ATLANTIC PARK
GARDENS, DELRAY, PB 14, P 56,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(N.W. 12TH AVENUE)
N25' OF LOT 30 & ALL OF LOT
31 & SI/2 OF LOT 32, BLOCK
10,OSCEOLA PARK, PB 3, P 2,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(921 S.E. 2ND AVENUE)
LOTS 1 TO 3, INC. & E 5' OF
LOT 4, BELLEVIEW COURT, PB 11,
P 45, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(840 S. SWINTON AVENUE)
NI00' OF EI31.6' OF BLOCK 63,
TOWN OF DELRAY, PB 6, P 3,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(200-204 S. SWINTON AVENUE)
LOT 4, BLOCK 11, SEACREST
PARK, PB 4, P 31, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(N.W. 3RD AVENUE)
LOT 17, BLOCK 8, CARVER
MEMORIAL PARK SUB., PB 20, P
56, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(N.W. 14TH AVENUE)
LOT 29, BLOCK B, TOURIST NOOK,
PB 11, P 47, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(N.W. 8TH AVENUE)
S50' OF N200' OF W120' OF
BLOCK 25, TOWN OF DELRAY, PB
5, P 2, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(N.W. 5TH AVENUE)
BENITO ANDINO
244 S.E. 3RD AVENUE
DELRAY BEACH, FL 33444
JOHN & JOANNE S. LEHMAN
3015 FLORIDA BOULEVARD
DELRAY BEACH, FL 33483
GREAT SOUTHERN
P.O. BOX 15262
WEST PALM BCH, FL 33402
CARRIE WILLIAMS
615 N.W. 4TH STREET
DELRAY BEACH, FL 33444
BENNIE THOMAS
1720 1ST STREET NORTH
WINTER HAVEN, FL 33881
SIMON BAZELAIS
921 S.E. 2ND AVENUE
DELRAY BEACH, FL 33444
PERRY PROPERTIES,INC.
38 HIGH AVENUE
NYACK, NY 10960
CLERMONT MESIDOR ESTATE
200 S. SWINTON AVENUE
DELRAY BEACH, FL 33444
$ 90.00
50.00 (ADM. COST)
(RECORDING)
$140.00
50.00 (ADM. COST)
(RECORDING)
$ 75.00
50.00 (ADM. COST)
(RECORD ING)
$ 65.00
50.00 (ADM. COST)
(RECORDING)
$ 65.00
50.00 (ADM. COST)
(RECORDING)
$ 75.00
50.00 (ADM. COST)
(RECORD ING)
$125.00
50.00 (ADM. COST)
(RECORDING)
$ 75.00
50.00 (ADM. COST)
(RECORDING)
MILDRED L. ROBERTS, F.W. $ 45.00
ROBERTS,E.S.&D.L. STONE 50.00 (ADM. COST)
605 E 43RD STREET (RECORDING)
BALTIMORE, MD 21212
HAROLD R. CLARK $ 45.00
525 S. CASWELL AVENUE 50.00 (ADM. COST)
COMPTON, CA 90220 (RECORDING)
DELVERNA C. RILEY
231 N.W. 8TH AVENUE
DELRAY BEACH, FL 33444
EDWIN C. IVY
519 S.W. 15TH TERRACE
DELRAY BEACH, FL 33444
-5-
$ 20.00
50.00 (ADM. COST)
(RECORDING)
$120.00
50.00 (ADM. COST)
(RECORDING)
Res. No. 23-88
S50' OF N150' OF W120' OF
BLOCK 25, TOWN OF DELRAY, PB
5, P 2, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(N.W. 5TH AVENUE)
LOTS 32 & 33, BLOCK 32, TOWN
OF DELRAY, PB 6, P 97, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(S.W. 5TH AVENUE)
LOT l/LESS E10', BLOCK 6,
WHIDDEN'S SUB., PB 2, P 58,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(COR. WEST ATLANTIC AVENUE &
N.W. 10TH AVENUE)
LOT A, BLOCK 2, BELAIR
HEIGHTS, PB 20, P 45, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(W. ATLANTIC AVENUE)
W80' OF E300' OF S130' OF
N145' OF LOT 9/LESS R/W SR
806, SUB. 17-46-43, PB 1, P
3, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(W. ATLANTIC AVENUE)
LOT 2, NICHOL'S 2ND ADDITION
TO DELRAY BEACH, PB 21, P 70,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(209 S.W. 7TH STREET)
E211.11' OF LOT 21 (LESS N50'
RD R/W) , SUB. OF SECTION
21-46-43, PUBLIC RECORDS,
PALM BEACH COUNTY FL
(1180 S.W. 10TH STREET)
NlOO' OF E131.6' OF BLOCK
63, TOWN OF DELRAY, PB 6,
P 3, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(200 S. SWINTON AVENUE)
LOT 9, BLOCK 2A, LAKEVIEW
HEIGHTS UNIT 1, PB 4, P 67,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(111 N.W. 6TH STREET)
NlOO' OF W120' OF BLOCK 25,
TOWN OF DELRAY, PB 5, P 2,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(N.W. 5TH AVENUE)
LOT 4, BLOCK B, WEST SIDE
HEIGHTS, DELRAY, PB 13, P 61,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(133 N.W. 9TH AVENUE)
LOT 1, BLOCK 4, PRIEST'S ADDN.
TO ATLANTIC PARK GARDENS, PB
23, P 70, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(203 S.W. 14TH AVENUE)
M.L. & EQUILLA JENKINS
4656 S 17TH WAY
PHOENIX, AZ 85040
ROGER JOHNSON
2213 HOOD STREET
HOLLYWOOD, FL 33020
GENEVA JOHNSON
775 19TH AVENUE SOUTH
ST. PETERSBURG, FL 33705
JOHN ANDREWS
125 S.W. 8TH AVENUE
DELRAY BEACH, FL 33444
JOHN ANDREWS
125 S.W. 8TH AVENUE
DELRAY BEACH, FL 33444
DANNY R. & LINDA GLASER
209 S.W. 7TH STREET
DELRAY BEACH, FL 33444
L. & J. ENTERPRISES
% AERO-DRI
11060 KENWOOD ROAD
CINCINNATI, OH 45242
CLERMONT MESIDOR ESTATE
200 S. SWINTON AVENUE
DELRAY BEACH, FL 33444
ROBERT & ELIZABETH BOYCE
111 N.W. 6TH STREET
DELRAY BEACH, FL 33444
EDITH B. BUTLER
P.O. BOX 363
DELRAY BEACH, FL 33447
JOSEPH E. THURIN &
GISHLAINE & JEAN P.
LOYINSKY
133 N.W. 9TH AVENUE
DELRAY BEACH, FL 33444
VIRGINIA BRYANT
203 S.W. 14TH AVENUE
DELRAY BEACH, FL 33444
-6-
$ 95.00
50.00 (ADM. COST)
(RECORDING)
$ 45.00
50.00 (ADM. COST)
(RECORDING)
$ 85.00
50.00 (ADM. COST)
(RECORDING)
$ 37.50
25.00 (ADM. COST)
(RECORDING)
$ 37.50
25.00 (ADM. COST)
(RECORDING)
$125.00
50.00 (ADM. COST)
(RECORDING)
$ 75.00
50.00 (ADM. COST)
(RECORDING)
$ 25.00
50.00 (ADM. COST)
( RECORDING)
$ 25.00
50.00 (ADM. COST)
(RECORDING)
$ 60.00
50.00 (ADM. COST)
(RECORDING)
$ 25.00
50.00 (ADM. COST)
(RECORDING)
$735.00
50.00 (ADM. COST)
(RECORDING)
Res. No.23-88
LOT 2 & N6' OF LOT 3/LESS W5'
RD R/W, BLOCK 74, TOWN OF
DELRAY, PB 11, P 12, PUBLIC
RECORDS, PALM BEACH ~OUNTY,FL
(239 N.E. 1ST AVENUE)
LOT 2, BLOCK 7, ROSEMONT PARK,
DELRAY, PB 13, P 60, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(605 S.W. 8TH AVENUE)
LOT 1, BLOCK 23, TOWN OF
DELRAY, PB 10, P 69, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(S.W. 5TH AVENUE)
LOT 29, BLOCK 1, SOUTHRIDGE,
PB 9, P 66, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(STERLING AVENUE)
LOT 2, BLOCK 7, SEACREST PARK,
PB 24, P 33, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(N.E. 3RD AVENUE)
LOT 16, NICHOL'S 1ST ADDITION
TO DELRAY BEACH, PB 21, P 69,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(704 S. SWINTON AVENUE)
E187' OF SE 1/4 OF SW 1/4 OF
SW 1/4 LYG S OF LAKE IDA ROAD
R/W, SUB. 8-46-43, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(ROOSEVELT AVENUE)
E3' OF LOT 13 & ALL OF LOT
14, BLOCK B, THIRD ADDITION
TO HIGH ACRES, PB 24, P 19,
PUBLIC RECORDS, PAU1 BEACH
COUNTY, FL
(3 N.W. 17TH STREET)
NlOO' OF E 1/4 OF SE 1/4 OF
LOT 1, SUB. OF SECTION
20-46-43, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(S.W. 4TH AVENUE)
E50' OF S135' OF BLOCK 3,
TOWN OF DELRAY, PB 1, P 3,
PUBLIC RECORDS, PALM BEACH
COUNTY,FL
(CORNER OF N.W. 1ST STREET &
N.W. 7TH AVENUE)
N50' OF W130.44' OF W 1/2 OF
S 1/2 OF BLOCK 4, TOWN OF
DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(N.W. 8TH AVENUE)
E23.5' OF LOT 17, NASSAU PARK,
PB 16, P 67, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(SOUTH OCEAN & NASSAU STREET)
LOT 18, NASSAU PARK, PB 16,
P 67, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(SOUTH OCEAN & NASSAU STREET)
ALEX SHATZ, ET AL
7287 W. ATLANTIC AVENUE
DELRAY BEACH, FL 33446
W.E. & OLA MAE HOLLAND
605 S.W. 8TH AVENUE
DELRAY BEACH, FL 33444
JOHN & JAMES PATMAN
82 N.W. 5TH AVE.,#15
DELRAY BEACH, FL 33444
ROBERT ASSANTES
FRED WENISCH
2909 N. DIXIE HIGHWAY
POMPANO BEACH, FL 33064
RICHARD & THERESA GEORGE
2209 E. PINERIDGE COURT
DELRAY BEACH, FL 33444
FRANCK & ELNA FRANCOIS
704 S. SWINTON AVENUE
DELRAY BEACH, FL 33444
KEITH DENNIS
135 SPRINGWOOD TRAIL
ALTAMONTE SPRINGS, FL
32714
CAROL A. DAVIDSON
3 N.W. 17TH STREET
DELRAY BEACH, FL 33444
FRANCES L. CAMPBELL
CRAVEN CAMPBELL
4250 S.W. 21ST STREET
HOLLYWOOD, FL 33023
ARIDEEN CLOSE
135 W. DOLPHIN DRIVE
DELRAY BEACH, FL 33445
EARL & ODESSA McDONALD
414 S.W. 15TH AVENUE
DELRAY BEACH, FL 33444
JASON S. TERRACE, INC.
2911 N.W. 29TH AVENUE
BOCA RATON, FL 33434
JASON S. TERRACE, INC.
2911 N.W. 29TH AVENUE
BOCA RATON, FL 33434
-7-
$ 40.00
50.00 (ADM. COST)
(RECORDING)
$ 75.00
50.00 (ADM. COST)
(RECORDING)
$ 35.00
50.00 (ADM. COST)
(RECORDING)
$ 40.00
50.00 (ADM. COST)
(RECORDING)
$ 55.00
50.00 (ADM. COST)
(RECORDING)
$ 50.00
50.00 (ADM. COST)
(RECORDING)
$150.00
50.00 (ADM. COST)
(RECORDING)
$125.00
50.00 (ADM. COST)
(RECORDING)
$ 60.00
50.00 (ADM. COST)
(RECORDING)
$ 50.00
50.00 (ADM. COST)
(RECORDING)
$ 50.00
50.00 (ADM. COST)
(RECORDING)
$ 28.34
16.68 (ADM. COST)
(RECORDING)
$ 28.33
16.66 (ADM. COST)
(RECORDING)
Res. No.23-88
LOT 19, NASSAU PARK, PB 16,
P 67, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(SOUTH OCEAN & NASS~U STREET)
LOT 3, BLOCK 7, OSCEOLA PARK,
PB 3, P 2, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(608 S.E. 4TH AVENUE)
N58' OF S312.12' OF E135' OF
BLOCK 10, TOWN OF DELRAY, PB
1, P 3, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(N.W. 6TH AVENUE)
N50' OF S356.4' OF E135' OF
BLOCK 24, TOWN OF DELRAY, PB
1, P 3, J,'UBLIC_RECORDS, PALM
BEACH COUNTY, FL
(S.W. 5TH AVENUE)
N145' OF E135' OF BLOCK 24,
TOWN OF DELRAY, PB 1, P 3,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(S.W. 5TH AVENUE)
S45.56' OF N190.56' OF E135'
OF BLOCK 24, TOWN OF DELRAY,
PB 1, P 3, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(S.W. 5TH AVENUE)
LOT 22, BLOCK 32, TOWN OF
DELRAY, PB 6, P 97, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(S.W. 5TH AVENUE)
LOT 4, BLOCK 23, TOWN OF
DELRAY, PB 10, P 69, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(S.W. 5TH AVENUE)
JASON S. TERRACE, INC.
2911 N.W. 29TH AVENUE
BOCA RATON, FL 33434
VIOLA BURTON
608 S.E. 4TH AVENUE
DELRAY BEACH, FL 33483
IVERSON LASTER
511 N.W. 2ND STREET
DELRAY BEACH, FL 33444
ADELENE JENKINS
245 S.W. 12TH AVENUE
DELRAY BEACH,FL 334A4
HOUSE OF GOD DELRAY
BEACH FLORIDA
5605 SIMS ROAD
DELRAY BEACH, FL 33445
HOUSE OF GOD DELRAY
BEACH FLORIDA
5605 SIMS ROAD
DELRAY BEACH, FL 33445
J.W. & MARGARET YOUNG
317 S.W. 5TH AVENUE
DELRAY BEACH, FL 33444
ELEANORE S. WILSON, EST
% DONNA HANEY
MARK PERRY, ATTORNEY
50 S.E. 4TH AVENUE
DELRAY BEACH, FL 33483
$ 28.33
16.66 (ADM. COST)
(RECORDING)
$ 75.00
50.00 (ADM. COST)
(RECORDING)
$225.00
50.00 (ADM. COST)
(RECORDING)
$ 65.00
50.00 (ADM. COST)
(RECORDING)
$ 45.00
25.00 (ADM. COST)
(RECORDING)
$ 45.00
25.00 (ADM. COST)
(RECORDING)
$ 45.00
50.00 (ADM. COST)
(RECORDING)
$135.00
50.00 (ADM. COST)
( RECORDING)
VIOLATION IS: SEC. 13-13 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-8-
Res. NO.23-88
v ((~~
[ITY DF DELRAY BEA[H
'80 '.;'/J 1~' A\jE~jUE
DU.FlAY tlEACH '-<GRiDA 33444
'OS 243,7000
MEMORANDUM
TO:
Walter O. Barry, City Manager
Robert A. Barcinski, Assistant City Manager~
AGENDA REQUEST - CONRACT RENEWAL HUMAN AFFAIRS
INTERNATIONAL - EMPLOYEE ASSISTANCE PROGRAM
March 16, 1988
FROM:
SUBJECT:
DATE:
Request consideration by the City Commission at their March 22,
1988 meeting for renewal of the contract with Human Affairs
International, Inc. to provide the City's Employee Assistance
Program.
The Employee Assistance Program was implemented last year as
part of the employee benefit package. The EAP program provides
counselling services on behavioral, medical and social programs.
Counselling servics are provided for alcoholism, drug and
chemical abuse, stress management, personal emotional problems,
marital and family problems, financial problems, legal problems
and other problems. Services are provided to our employees,
their spouses, their dependents and retirees with services
available on a 24 hour, seven day week basis. Up to eight
counselling sessions per user per problem area are provided.
This program was bid last year. Human Affairs International,
Inc. was selected over other bidders because:
1. They have an office on the Boca-Delray line.
2. They have an 800 number telephone crisis line (anywhere in
the U. S.).
3. They have an impressive fOllow-up program which gives
quality assurance that allows the City to monitor the
effectiveness of the program.
4. Because of the number of counselling sessions provided.
This has been a highly successful program and has been well
accepted by our employees. Average utilization for an EAP
program nationwide is 6%. Our utilization during the past year
has been 14%.
In addition, Human Affairs International provides the City with
in-house training seminars. Sessions have been held on such
J-.&A
THE EFFORT ALWAYS MATTERS
l
I
Memo to Walter O. Barry
Subject: Agenda Request
International - EAP
March 16, 1988
Page Two
Contract Renewal Human Affairs
subjects as Stress Management, Dealing with Teen-age Problems,
etc. The contract per iod for renewal is March 18, 1988 until
March 17, 1989.
Human Affairs International is requesting a price increase from
$1.80 per salaried employee per month to $1.98 per salaried
employee per month. This price increase could be absorbed in
the current fiscal year budget and the balance of the increase
will be budgeted into the fiscal year 1988-89 budget. Total
estimated yearly cost with the price increase would be
approximately $14,700 which is based on an estimate of 620 full-
time salaried employees.
Costs to rebid this program would exceed or equal the price.
increase requested. Costs to rebid include advertising, staff
time to prepare and review bid specifications, training time of
employees and supervisors, and mailing and printing costs for
explanation letters and program flyers.
Staff; Personnel Director, Finance Director and myself recommend
renewal:
1. For the same reasons stated in the original award.
2. Because we feel the renewal is cost effective.
3. Because of the success of the company and acceptance and
utilization of the program by our employees, supervisors
and union representatives.
4. Because of the confidentiality maintained by HAl.
If you have additional questions, please contact me.
RAB:nr
Encl
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March 2. 1988
.tI'i' 1'1 i .
....~.-' ,~-
''J
MAR 7 'l988
Marty Buben
Personnel Director
City of Delray Beach--<::ity Hall
101 NW 1 Avenue
Delray Beach. FL 33444
Dear Ms. Buben:
CITy M.~""">:i;'
. '. \ 1',-
Per Ms. June Green' s instructions. tw:> anendrlv:nts to the contract
betw:en City of Delray Beach and Hunan Affairs have been enclosed.
During a recent internal audit conducted by Hunan Affairs. the
cost per errployee per month for each program provided was evaluated.
According to this study, in order to provide cost effective services. a
fee of $2, 85 per errployee per month should be charged for a 1-8 session
program. We realize l1ao.ever that it is in our best interest to
maintain an ongoing professional relationship with the City of Delray
Beach and therefore. we are sutmitting a fee increase of only $1. 98
for services provided during 1988-89.
Human Affairs is pleased to have worked with the City of Delray
Beach, According to our records utilization has been more than
expected (approximately 14% as canpared to an average of 6%). Extra
post traumatic sessions have been provided for fire depa.rt:m:nt
personnel. In addition, there has been a strong interest by
supervisory staff to utilize Human Affairs on a consultation basis in
dealing with troubled errployees. It is our opinion that these are
strong indicators of a successful program. We look fo:rward to a
continued relationship with the City of Delray Beach.
After your perusal of the enclosed contracts. if you find that
everything is in order. please sign both copies. retain one for your
files and return the other to the following address:
curtis Gray. Contracts Manager
Human Affairs International. me.
5801 S. 300 East. SUite #255
Murray, ur 84107
5801 SOUTH 300 EAST, SUITE 2551 MURRAY, UTAH 84107 / PHONE (801) 268-0553
I
'-~
,
Marty Buben
March 2, 1988
Thank you for the opportunity of se:rving this contract, your
ccmnitJrent and support is awreciated.
Yours truly,
~ #;&r:f-
CUrtis Gray
Contracts Manager
CG/tln
Enclosures
cc: June Green
l
March 17, 1988
Ms. Ma rty Bu ben
City of Delray Beach
100 N, W, 1st Avenue
Delray Beach, Fl, 33444
Dear Marty;
The total number for the City of Delray people who have used
your Employee Assistance Program since it's inception is;
97. The number of people that have used the E.A,P, service
since the last report is; 40,
The following problem area's were addressed;
Family
Marital
Financial
Emotional
Alcohol
Drug
Another's alcohol/drug
Legal
Work related
Medical
Social Services
Other
Most of the people were referred by family members and six
were referred by co-workers or supervisors, Of this current
number, 12 number of people were employees and 11 number of
people were dependents,
We recently presented a lunch time learning seminar on how
to live with your teenager. We are pleased that these
seminars have been well received and often result in
increased utilization,
I am looking forward to our meeting on April 11th, at which
time I will introduce you to our new director Kory Krucher.
I have thoroughly enjoyed knowing you and Becky and your
staff and working with the various departments of the City of
Delray. I value your support and your friendship,
Sincerely,
~8
2l~
..: ",J
June B. Green
Oirector
HAl - Boca Raton
902 CLINT MOORE RD.. SUITE 246 I CONGRESS CORPORATE PLAZA TWO
BOCA RATON, FL 33431 I TELEPHONE (305) 994-3636
JBG/caj
enclosure
I
I,,~
HUMAN AFFAIRS INTERNATIONAL
PARTIAL CLIENT LIST
LOCAL CLIENTS:
I.B.M. (Local and National)
Barnett Bank (Area and Statewide)
C & S Banks
Fair Oaks Hospital
Mod-Comp
Savannah Hospital
NATIONAL CLIENTS:
Boise Cascade
Boy Scouts of America
Brown & Williamson Tobacco Company
Cigna
Eastman Kodak
Honeywell
Metropolitan Life
Schering-Plough
TRW
City of Chapel Hill, NC
City of Lexington, KY
Scott Paper Company
Rockwell International
l
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'-'.,"
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
"I'lil
MEMORANDUM
Date: March 2, 1988
To: Walter O. Barry, City Manager
From: Jeffrey S. Kurtz, Assistant City Attorney
Subject: Variance Sale to City of Delray Beach
Lot 1, NICHOLS SECOND ADDITION
Attached please find an original Contract for Sale and Purchase
between Mr. and Mrs. Variance and the City of Delray Beach for
the purchase of Lot 1, NICHOLS SECOND ADDITION.
It would be appreciated if you would add this item as a special
meeting to the workshop of March 29, 1988 for acceptance by the
City Commission. I have attached copies of the contract and
William Doney's letter of transmittal to our office for your
reference.
If you should have any questions concerning this matter, please
do not hesitate to contact me.
~~9~
Attachments
cc: City Commission
Robert Pontek, Public Utilities Director
J-~B
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LA W OFFICES
.JAMES W. VANce
WILLIAM P. CONEY
JAMES W. VANCE, P.A.
SUITE 200. BARRISTERS BUILDING
1615 FORUM PLACE
WEST PALM BEACH. FLORIDA 33401
TELEPHONE
{30SJ 6e4-!5~44
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March 8, 1988
Mr. Jeffery Kurtz
Assistant City Attorney
310 S.E. 1st Street
Suite 4
Delray Beach, FL. 33483
Re: Variance Sale to City of Delray Beach
Lot 1, NICHOLS SECOND ADDITION
Dear Jeff:
Enclosed herewith please find an original, with
copies, of a proposed Contract for Sale and Purchase between
Edwin Variance and Marilyn Bianco Variance, his wife, and
the City of Delray Beach for the purchase of Lot 1, NICHOLS
SECOND ADDITION TO DELRAY BEACH. As you will note, the
proposed purchase price is ninety-six thousand dollars ($96,000)
and the scheduled closing date would be April 5, 1988. The
sellers are to deliver possession as of the date of closing.
I also enclose for your reference a copy of a letter from
Associated Appraisers dated January 27, 1988, which indicates
that the appraised value of this property is ninety-one
thousand, five hundred dollars ($91,500.00).
Please take whatever steps are necessary to have
the City Commission consider the Contract for approval. Upon
doing so, please retain the original Contract for the City
files and return three (3) executed copies to me.
WPD/sjw
enc.
Sb]Jl~,,-
WILLIAM P. DONEY, ESq~e
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