05-24-88 Regular
CITY OF DELRAY BEACH
REGULAR MEETING - CITY COMMISSION
MAY 24, 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. Proclamation:
Flag Day - June, 14, 1988.
5. Presentation - Community Education Award (Kelly Brown, Principal,
Carver Middle School.
6. Agenda approval.
Action: Motion to approve.
PUBLIC HEARINGS
7. SUNBELT DENNTRONICS CABLE LTD. Requesting waiver and approval of
relocation of office service center.
8. ORDINANCE NO. 21-88: This is a Second Reading of an Ordinance
rezoning land presently zoned RM-15 to LC and CF in order to
accommodate expansion of the Holiday Inn, relocation of a fire facility
and additional beach side parking.
9. ORDINANCE NO. 22-88: This is Second Reading of a companion
Ordinance to Ordinance No. 21-88.
10. ORDINANCE NO. 25-88: (Cullum) This is a Second Reading of an
Ordinance annexing property and establishing an initial City zoning of
RM for a parcel located at the southwest corner of AlA and Brooks Lane.
11. ORDINANCE NO. 26-88: This is a Second Reading of an Ordinance
annexing the balance of Enclave 40 on the south side of Brooks Lane.
12. ORDINANCE NO. 27-88: (Teitzman) This is a Second Reading of an
Ordinance annexing property south of Germantown Road, north of the L-37
Canal and west of the Andover Subdivision.
13. ORDINANCE NO. 28-88: This is a Second Reading of an Ordinance
annexing the Aqua Crest Swimming Pool at Atlantic High School.
14. ORDINANCE NO. 29-88: (IandiMarino) This is a Second Reading of an
Ordinance amending the Land Use Plan for property located on Lindell
between Federal Highway and Dixie Boulevard, changing zoning from MF-lO
to C.
15. ORDINANCE NO. 32-88:
of an Ordinance amending
between 7th Avenue and the
to CBD.
(Parking Facility) This is a First Reading
the Land Use Plan for property on 1st Street
Intracostal Waterway changing zoning from RM
REGULAR AGENDA
16. ORDINANCE NO. 34-88: (First Reading) An Ordinance for the
annexation of Enclave 2, located within the Seacrest Subdivision. If
passed, Second Reading and Public Hearing, June 28th.
17. ORDINANCE NO. 35-88: (First Reading) An Ordinance for the
annexation of Enclaves 5A and 5B, located on the northeast corner of
Seacrest Boulevard and Pineridge Road. If passed, Second Reading and
Public Hearing, June 28th.
18. ORDINANCE NO. 36-88: (First Reading) An
annexation of Enclave 36, located north of
approximately 100 feet east of Germantown Road.
Reading and Public Hearing, June 28th.
Ordinance for the
Linton Boulevard,
If passed, Second
19. ORDINANCE NO. 37-88: (First
annexation of Enclave 14, located at
Drive (N. W. 11th Street) and N. W.
Reading and Public Hearing, June 28th.
Reading) An Ordinance for the
the southeast corner of Denver
4th Avenue. If passed, Second
20. ORDINANCE NO. 38-88: (First Reading) An
annexation of Enclave 16, located south of
approximately 100 feet east of N. W. 8th Avenue.
Reading and Public Hearing, June 28th.
Ordinance for the
Lake Shore Drive
If passed, Second
21. ORDINANCE NO. 39-88: (First Reading)
annexation of Enclave 17, located at the N. E.
Avenue and N. W. 7th Street. If passed, Second
Hearing, June 28th.
An Ordinance for the
corner of N. W. 8th
Reading and Public
22. ORDINANCE NO. 40-88: (First Reading)
annexation of Enclave 18, located between Lake
7th Street, approximately 100 feet west of
passed, Second Reading and Public Hearing, June
An Ordinance for
Shore Drive and N.
N. W. 6th Avenue.
28th.
the
W.
If
23. ORDINANCE NO. 41-88: (First Reading) An Ordinance for the
annexation of Enclave 19, located east of N. W. 6th Avenue on the west
to N. W. 4th Avenue on the east, from N. W. 9th Avenue on the north to
Gardenia Terrace on the south. If passed, Second Reading and Public
Hearing, June 28th.
24. ORDINANCE NO. 42-88: (First Reading) An Ordinance for the
annexation of Enclave 20, located between N. W. 7th Street and Gardenia
Terrace East, approximately 200 feet east of N. W. 8th Avenue. If
passed, Second Reading and Public Hearing, June 28th.
25. ORDINANCE NO. 43-88: (First Reading) An Ordinance for the
annexation of Enclave 21, located between N. W. 7th Street and Gardenia
Terrace, west of N. W. 5th Avenue to approximately 150 feet west of N.
W. 6th Avenue. If passed, Second Reading and Public Hearing, June
28th.
26. ORDINANCE NO. 44-88: (First
annexation of Enclave 25, located
approximately 360 feet north of N. E.
Reading and Public Hearing, June 28th.
Reading)
west
8th
An Ordinance for the
of N. E. 9th Avenue,
Street. If passed, Second
27. ORDINANCE NO. 45-88: (First Reading) An Ordinance for the
annexation of Enclave 26, located between N. E. 8th and 9th Avenues,
approximately 130 feet north of N. E. 8th Street. If passed, Second
Reading and Public Hearing, June 28th.
28. ORDINANCE NO. 46-88: (First Reading) An Ordinance for the
annexation of Enclave 27, located at the northwest corner of the
intersection of N. E. 8th Street and N. E. 9th Avenue. If passed,
Second Reading and Public Hearing, June 28th.
29. ORDINANCE NO. 47-88: (First Reading) An Ordinance for the
annexation of Enclave 28, located between N. E. 9th and lOth (Palm
Trail) Avenues, directly north of N. E. 8th Street. If passed, Second
Reading and Public Hearing, June 28th.
30. ORDINANCE NO. 48-88: (First
annexation of Enclave 30, located at
Reading) An Ordinance for the
the southeast corner of N. E. 8th
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Street and N. E. 10th Avenue (Palm Trail). If passed, Second Reading
and Public Hearing, June 28th.
31. ORDINANCE NO. 49-88: (First Reading) An Ordinance for the
annexation of Enclave 29, located approximately 300 feet north of N. E.
8th Street, east of the Intracoastal Waterway and west of Andrews
Avenue. If passed, Second Reading and Public Hearing, June 28th.
32. ORDINANCE NO.
annexation of Enclave
and Linton Boulevard,
the west. If passed,
50-88: (First Reading) An Ordinance for the
3lA, located generally between S. W. 10th Street
between S. W. 9th Avenue on the east and 1-95 on
Second Reading and Public Hearing, June 28th.
33. ORDINANCE NO. 51-88: (First
annexation of Enclave 33, located at
Avenue and Ella Street. If passed,
June 28th.
Reading) An
the southe'ast
Second Reading
Ordinance for the
corner of S. W. 8th
and Public Hearing,
COMMISSION ACTION
34. APPOINTMENT TO COMMUNITY APPEARANCE BOARD:
member to the Community Appearance Board to a
1989.
Appointment of regular
term ending August 25,
35. APPOINTMENT TO DOWNTOWN DEVELOPMENT AUTHORITY: Appointment of
Downtown Development Authority member to a term ending July 1, 1989.
36. APPOINTMENT TO HOUSING AUTHORITY BOARD: Appointment of Housing
Authority Board Member to a term ending May 24, 1992.
37. REQUEST FOR LANDSCAPE VARIANCE: Requesting a landscape variance
of the landscape plan approved by the Community Appearance Board for
321-323 N. E. 2nd Avenue.
38. AMENDMENT TO CONTRACT: Amendment to Delray Beach Golf Course
Restaurant and Bar license agreement.
39. TEMPORARY USE AGREEMENT: Proposed Temporary Use Agreement from
Florida Power & Light for location of the fourth Carbon Filter unit.
40. SETTLEMENT OFFER WALKER VS CITY: Settlement offer in the case of
Walker vs. the City of Delray Beach.
41. CONTRACT FOR FIRE DEPARTMENT MEDICAL DIRECTOR: Contract between
the City and Dr. Joseph R. Yates as Fire Department Medical Director.
42. AMENDMENT OF EMPLOYMENT AGREEMENT: Amendment of Employment
Agreement between the City and the City Manager.
43. REQUEST FOR REZONING: Recommendation for rezoning properties from
RM 10 to CF to allow construction of a parking facility north of N.W
1st Street, conducting a Public Hearing at 1st Reading of an enabling
Ordinance June 14, 1988.
44. ADDENDUM TO AGREEMENT BETWEEN CH2M
to an agreement between the City and
assessment and remedial services totaling
HILL AND CITY: Addendum
CH2M Hill for well
$503,600.00.
No. 2
field
45. SIGN CODE VARIANCE - JACOBSON'S DEPARTMENT STORE.
46. ANNEXATION - ENTERPRISE LEASING PROPERTIES: Requesting annexation
of property owned by Enterprise Leasing with initial City zoning of GD.
47. PALM BEACH COUNTY LAND USE MAP AMENDMENT: Request by Kilday &
Associates representing William Bowman to reconsider City opposition to
a proposed County Land Use Map amendment changing 6.95 acres on
Atlantic Avenue west of Military Trail from Residential to Commercial.
48. REZONING LINDELL AND FEDERAL HIGHWAY: Requesting rezoning for
IndiMarino property from RM-lO to GC.
49. WATER AND SEWER BOND REFINANCING.
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50. INTERIM MANAGEMENT
an agreement between
Executives (PRIME) to
Development Department.
SERVICES - DEVELOPMENT DEPARTMENT: Approval of
the City and Project and Interim Management
provide interim management services for the
CONSENT AGENDA
51. RESOLUTION
abatement action
37 and 37-1/2 N.
NO. 30-88: A Resolution assessing the costs for
required to remove an unsafe building on property at
W. 10th Avenue.
52. EXECUTION OF INTERLOCAL AGREEMENT: Execution of Interlocal
Agreement/E-9ll Emergency Telephone Number System between the City and
Palm Beach County Board of Commissioners.
53. CITY OF DEL RAY BEACH CODE OF ORDINANCES: Authorization to prepare
ordinance enacting a Code of Ordinances for the City and amending
Charter to provide for change from City Council to City Commission.
54. PAYMEMT REQUEST
payment request #25
Contractors, Inc.
expansion.
#25: Ratification
in the amount of
for the Regional
of SCRWTD
$7,260 to
Wastewater
Board approval of
S. G. Phillips
Treatment Plant
55. PAYMENT REQUEST #26: Ratification of SCRWTD Board approval of
final payment #26 in the amount of $12,500 and retainage to zero to S.
G. Phillips Contractors, Inc. for the Regional Wastewater Treatment
Plant expansion.
56. PALM BEACH COUNTY BEACHES AND SHORES COUNCIL: Appointment of
patricia Brainerd to fill the seat of former Commissioner Dougherty on
the Palm Beach County Beaches and Shores Council.
57. ANNEXATION - SOUTH FEDERAL HIGHWAY: Requesting annexation of
property known as A&R Fruit Stand and the balance of Enclave 55 with
initial City zoning of GC.
58. CONDITIONAL USE PERMIT REQUEST (6-237): Requesting a conditional
use permit and attendant site plan for First Years Quality Care (day
care center).
59. FINAL PLAT APPROVAL - WATERFORD VILLAGE: Requesting a final plat
for Waterford Village (residential component of Waterford Place).
60. ANNEXATION LINTON BOULEVARD AND S. W. 4TH AVENUE:
annexation of property owned by Dan Burns on Linton south of
to the F.E.C. Railroad with initial City zoning of GC.
Requesting
4th Avenue
61. COMMISSION ACTION RE: Awards of Bids and Contracts.
A. Lighting for Pompey Park Gymnasium Community Development
Block Grant Activity - Basic Lighting Maintenance, Inc. - $10,400.
B. Topping and Linestopping
Hydra-Stop, Inc. - $15,290.
Unit and Linestop Fittings
C. Long Term Disability Program
$75,000.
Mutual Benefit Life Company _
D. Polymer 844A - American Cyanamid Company - $76,000.
E. Paper Products and Janitorial Supplies _
The Stevens Company - $5,632.50.
Jim Walters Papers - $6,940.04.
Eli Witt Company - $478.00.
Standard Sanitary Supplies - $9,066.70.
Picard Chemical Company - $115.00.
-4-
Tropical Chemical Company - $7,540.60.
F. First Nationwide Bank Purchase of Lot 2, Nichols Second
Addition for Water Plant Expansion - $38,000 plus closing costs.
PROCEDURAL ITEMS
62. Comments and Inquiries on Non-Agenda Items by Citizens.
63. Approval of minutes of Regular Meetings of April 26, 1988 and May
10, 1988.
64. 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 MAY 24, 1988
DATE: May 20, 1988
PRESENTATION
Item No.6. Mr. Kelly Brown, Principal, Carver Middle School will be
presenting the Community Education Award.
PUBLIC HEARINGS
Item No. 7 Sunbelt-Denntronics Cable Limited is requesting waiver of
Chapter 10, Section 10-8 (c) of the Code of Ordinances which requires
that a cable franchisee shall maintain an office and service in the
City. Commission previously approved the waiver which stipulates that
the property will voluntarily annex into the City when it becomes
contiguous to our boundaries. waiver of code requirements call for 2
Public Hearings before the waiver becomes effective.
Recommend consideration
Sunbelt-Denntronics Cable
on the issue for June 10,
of the
Limited
1988.
waiver of code requirements for
and schedule a Second Public Hearing
Item No. 8 (Ordinance No. 21-88) This is a Second Reading of an
Ordinance rezoning land presently zoned RM-15 to LC and CF in order to
accommodate expansion of the Holiday Inn property and provide for
additional beach side parking. During discussion of this change to
LC, concern was expressed that the rezoning should be contingent on
use of the property for hotel expansion purposes. Staff believes this
can be accommodated through appropriate deed restriction language.
Adoption of this Ordinance is consistent with the consensus arrived at
during our work session on May 17th. At that time agreement was
reached on the sketch plan which depicted beach parking, Fire Station
2 relocated and hotel expansion.
Recommend adoption of Ordinance 21-88 rezoning land owned by Ocean
Properties from RM-15 to LC and CF.
Item No. 9 (Ordinance No. 22-88) This is a Companion Ordinance to
Ordinance No. 21-88. This is a Second Reading of an Ordinance
rezoning land presently zoned RM-15 to LC and CF in order to
accommodate expansion of the Holiday Inn property and provide for
additional beach side parking. During discussion of this change to
LC, concern was expressed that the rezoning should be contingent on
use of the property for hotel expansion purposes. Staff believes this
can be accommodated through appropriate deed restriction language.
Adoption of this Ordinance is consistent with the consensus arrived at
during our work session on May 17th. At that time agreement was
reached on the sketch plan which depicted beach parking, Fire Station
2 relocated and hotel expansion.
Recommend adoption of Ordinance 22-88 rezoning land owned by Ocean
Properties from RM-15 to LC and CF.
Item No. 10 (Ordinance No. 25-88) This is a Second Reading of an
Ordinance annexing property and establishing an initial City zoning of
RM for a parcel located at the southwest corner of AlA and Brooks
Lane. Robert J. and Stephanie Cullum owners represented by william
Seach are requesting voluntary annexation. The Cullums have initiated
this annexation voluntarily which is a part of Enclave 40. The zoning
of RM is consistent with the current County zoning designation and
AGENDA REPORT
Meeting of May 24, 1988
with the specified land
potential of the site
regulations are adhered
use
is
to.
designation in the City. The development
five units provided that the RM district
The Planning and Zoning Board at its meeting of April 18th recommended
approval of the request. There was opposition heard at the Boards
Public Hearing urging four units per acre rather than the potential of
five units per acre. Staff is comfortable with the recommendation as
site plan decisions will occur during site plan review.
Recommend approval of Ordinance No. 25-88 annexing property located at
the southwest corner of AlA and Brooks Lane.
Item No. 11 (Ordinance No. 26-88)
Ordinance annexing the balance of
zoning of R-l-AA. This annexation
the north side of Brooks Lane which
residence. Water and sewer service
level of service to this parcel is
This is a Second Reading of an
Enclave 40 with an initial City
involves a .2 acre lot located on
currently contains a single family
are received from the City and the
flA'I.
The Planning and Zoning Board at its
approval. The only objection to
organization which voices objection
Enclave Act.
meeting April 18th recommended
the annexation was from an
to any annexation under the
Recommend approval of Ordinance No. 26-88 annexing a .2 acre parcel of
property located in Enclave 40 owned by the Boughton Hotel, Inc.
located at the north side of Brooks Lane just west of AlA.
Item No. 12 (Ordinance No. 27-88) This is a Second Reading of an
Ordinance annexing property south of Germantown Road and north of the
L-37 Canal, and west of the Andover Subdivision and applying and
initial City zoning of R-l-AAA. Sol and Hannah Teitzman have
requested this voluntary annexation. The annexation involves 4.2
acres of property for which water and sewer service presently does not
exist. There are no firm plans for development at this time however
the applicant may process a request for child care (ranch) facility
subsequent to annexation. Development will be subject to hearing
through the conditional use process.
The property is part of Enclave 69 which includes the Woodview
Subdivision. A Public Hearing was held at the Planning and Zoning
Board on the balance of Enclave 69 but no action was taken and the
item was continued to a May 23rd special meeting.
The Planning and Zoning Board at its April 18th meeting recommended
approval of the voluntary annexation request.
Recommend approval of Ordinance No. 27-88 annexing 4.2 acres of
property owned by Sol and Hannah Teitzman located in the south side of
Germantown Road, north of the L37 Canal and west of the Andover
Subdivision and applying a City zoning of R-l-AAA.
Item No. 13 (Ordinance
Ordinance annexing the
School with an initial
Board at its meeting
annexation request and
No. 28-88) This is a Second Reading of an
Aqua Crest Swimming Pool at Atlantic High
City zoning of CF. The Planning and Zoning
on April 18th recommended approval of the
the CF zoning.
When Atlantic High School was annexed to the City, Palm Beach County
owned the Swimming pool site and it was not annexed. Subsequently the
County has authorized annexation proceeding and had requested R-l-AA
zoning which is the designation applied to the Atlantic High School
property. Staff has corresponded with Palm Beach County relative to
proceeding with CF zoning and no objection has been raised.
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AGENDA REPORT
Meeting of May 24, 1988
Recommend approval of Ordinance No. 28-88 annexing the Aqua Crest
Swimming Pool located on the east side of Seacrest Boulevard, south of
Seacrest Lane, on the northwest corner of the Atlantic High School
site and applying a zoning of CF to the 2.67 acre tract.
Item No. 14 (Ordinance No. 29-88) This is a Second Reading and Second
Public Hearing of an Ordinance amending the City's Land Use Plan by
changing the designation on a 1.105 acre parcel located on Lindell
between Federal Highway and Dixie Boulevard. Dominic IandiMarino has
requested a change in the Land Use Plan to designate his property C
(Commercial) rather than the present MF-lO (Multi Family-lO
units/acre). This Plan Amendment is a prerequisite to the owner's
zoning request which is before the Commission as agenda Item No. 48
below.
The property currently is the site of 4 single family homes. Earlier
in 1983, a change to allow a Cumberland Farms convenience store and
gasoline facility was sought. The City Commission approved the Site
Plan and Conditional Use but the approval expired following its 18
month life. No approved site plan or conditional use now exists for
this site.
The property is surrounded by commercial land use designations
including the Lehman site to the south.
The Planning and Zoning Board at its April 18th meeting recommended
approval of this Land Use Plan amendment. In making this decision, a
determination should also be made that this is a local plan amendment,
and as such does not require State review.
This request was initiated prior to the Commission approval change in
the zoning procedures. As a result, advertising was already in place.
In the future requests such as this will come for action prior to
ordinance preparation on public notice.
Recommend approval of Ordinance No. 29-88 amending the Land Use Plan
of the City of Delray Beach by changing the designation on 1.105 acres
owned by IandiMarino from MF-lO to C.
Item No. 15 (Ordinance No. 32-88). This is a First Reading of a Land
Use Plan Amendment changing the zoning of property east of northeast
1st Street and 7th Avenue from residential to CBD. At its meeting on
May 16th, the Planning and Zoning Board held a Public Hearing and
recommended that the Land Use Plan amendment presented here not be
enacted. In lieu of this amendment, the Board has recommended that
zoning of CF (Community Facilities) be applied to the property and
that a finding be made that the Land Use Plan need not be amended.
The finding is recommended because the ultimate use of a public
parking facility is consistent with the existing zoning and plan
designation of MF-lO.
Recommend denial of Ordinance No. 32-88 and determine that the Land
Use Map does not need to be changed in order to accommodate the
proposed use of a parking facility at 1st Street and 7th Avenue
because the facility can be accommodated under the existing Map and
zoning designations.
REGULAR AGENDA
Item No. 16 (Ordinance No. 34-88) This is a First Reading of an
enacting Ordinance for the annexation of Enclave 2 which contains two
single family lots under one ownership within the Seacrest
Subdivision. Proposed zoning for the enclave is R-lAA. The level of
service is classified as "B" meaning that service meets general
standards and is equal to that provided similarly situated areas in
other parts of the City.
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AGENDA REPORT
Meeting of May 24, 1988
Recommend approval of Ordinance No. 34-88 annexing Enclave 2 with
proposed zoning of R-lAA.
Item No. 17 (Ordinance No. 35-88) This is a First Reading of an
enacting Ordinance for the annexation of Enclave 5A which consists of
four single family residences with proposed zoning of R-I-AC and
Enclave 5B which 1S vacant with proposed zoning of NC. The property
is located on the northeast corner of Seacrest Boulevard and Pineridge
Road. The level of service is classified as "B" meaning that service
meets general standards and is equal to that provided similarly
situated areas in other parts of the City.
Recommend approval
proposed zoning of
NC.
of Ordinance No. 35-88 annexing Enclave No. 5A with
R-I-AC and Enclave No. 5B with proposed zoning of
Item No. 18 (Ordinance No. 36-88) This is First Reading of an
enacting Ordinance for the annexation of Enclave 36 consisting of one
parcel totaling .23 acres containing a Southern Bell switching
structure with proposed zoning of CF. The property is located north
of Linton Boulevard, approximately 100 feet east of Germantown Road.
The level of service is classified as "A" meaning that all existing
services are immediately available.
Recommend approval of Ordinance No. 36-88 annexing Enclave 36 with
proposed zoning of CF.
Item No. 19 (Ordinance No. 37-88) This is a First Reading of an
enacting Ordinance annexing Enclave 14 consisting of one parcel
totaling .34 acres containing one single family residence with
proposed zoning of R-lAA. The property is located at the southeast
corner of Denver Drive (N.W. 11th Street) and N.W. 4th Avenue. The
level of service is classified as "B" meaning that service meets
general standards and is equal to that provided similarly situated
areas in other parts of the City.
Recommend approval of Ordinance No. 37-88 annexing Enclave 14 with
proposed zoning R-lAA.
Item No. 20 (Ordinance No. 38-88) This is a First Reading of an
enacting Ordinance for the annexation of Enclave 16 which consists of
one parcel totaling .33 acres containing one single family residence.
Proposed zoning for the enclave is R-lAA. The property is located
south of Lake Shore Drive approximately 100 feet east of N.W. 8th
Avenue. The level of service is classified as "B" meaning that
service meets general standards and is equal to that provided
similarly situated areas in other parts of the City.
Recommend approval of Ordinance No. 38-88 annexing Enclave 16 with
proposed zoning R-lAA.
Item No. 21 (Ordinance No. 39-88) This is a First Reading of an
enacting Ordinance for the annexation of Enclave 17 consisting of one
parcel totaling .34 acres containing one single family residence,
located at the N.E. corner of N.W. 7th Street, approximately 100
feet west of N.W. 6th Avenue. Proposed zoning for the enclave is
R-lAA. The level of service is classified as "B" meaning that service
meets general standards and is equal to that provided similarly
situated areas in other parts of the City.
Recommend approval of Ordinance 39-88 annexing Enclave 17 with
proposed zoning of R-lAA.
Item No. 22 (Ordinance No. 40-88) This is a First Reading of an
enacting Ordinance for the annexation of Enclave 18 consisting of one
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AGENDA REPORT
Meeting of May 24, 1988
parcel totaling .64 acres containing two single family residences,
located between Lake Shore Drive and N.W. 7th Street, approximately
100 feet west of N.W. 6th Avenue. Proposed zoning for the enclave is
R-lAA. The level of service is classified as "B" meaning that service
meets general standards and is equal to that provided similarly
situated areas in other parts of the City.
Recommend approval of Ordinance No. 40-88 annexing Enclave 18 with
proposed zoning R-lAA.
Item No. 23 (Ordinance No. 41-88) This is a First Reading of an
enacting Ordinance for the annexation of Enclave 19 consisting of 12
parcels totaling 3.08 acres containing 11 single family residences and
one vacant lot, located east of N.W. 6th Avenue on the west to N.W.
4th Avenue on the east, from N.W. 9th Avenue on the north to Gardenia
Terrace on the south. Proposed zoning for the enclave is R-lAA. The
level of service is classified as "B" meaning that service meets
general standards and is equal to that provided similarly situated
areas in other parts of the City.
Recommend approval of Ordinance No. 41-88 annexing Enclave 19 with
proposed zoning R-lAA.
Item No. 24 (Ordinance No. 42-88) This is a First Reading of an
enacting Ordinance for the annexation of Enclave 20 consisting of two
parcels totaling 1.08 acres containing two single family residences,
located between N.W. 7the Street and Gardenia Terrace east,
approximately 200 feet east of N.W. 8th Avenue. Proposed zoning for
the enclave is R-lAA. The level of service is classified as "B"
meaning that service meets general standards and is equal to that
provided similarly situated areas in other parts of the City.
Recommend approval of Ordinance No. 42-88 annexing Enclave 20 with
proposed zoning R-lAA.
Item No. 25 (Ordinance No. 43-88) This is a First Reading of an
enacting Ordinance for the annexation of Enclave 21, which consists of
four parcels totaling 1.27 acres containing three single family
residences and one vacant lot, located between N.W. 7th Street and
Gardenia Terrace, west of N.W. 5th Avenue to approximately 150 west of
N. W. 6th Avenue. Proposed zoning for the enclave is R-lAA. The
level of service is classified as "B" meaning that service meets
general standards and is equal to that provided similarly situated
areas in other parts of the City.
Recommend approval of Ordinance No. 43-88 annexing Enclave 21 with
proposed zoning of R-lAA.
Item No. 26 (Ordinance No. 44-88) This is a First Reading of an
enacting Ordinance for the annexation of Enclave 25 which consists of
one parcel totaling .34 acres containing two single family residences,
located west of N. W. 9th Avenue, approximately 360 feet north of
N.E. 9th Street. Proposed zoning for the enclave is RM. The level of
service is classified as "A" meaning that all existing services are
immediately available.
Recommend approval of Ordinance No. 44-88 annexing Enclave 25 with
proposed zoning of RM.
Item No. 27 (Ordinance No. 45-88) This is a First Reading of an
enacting Ordinance for the annexation of Enclave 26 which consists of
two parcels totaling .67 acres containing three single family
residences located at the northwest corner of the intersection of N.E.
8th Street and N.E. 9th Avenue. Proposed zoning for the enclave is
RM. The level of service is classified as "A" meaning that all
existing services are immediately available.
- 5 -
AGENDA REPORT
Meeting of May 24, 1988
Recommend approval of Ordinance No. 45-88 annexing Enclave 26 with
proposed zoning RM.
Item No. 28 (Ordinance No. 46-88) This is a First Reading of an
enacting Ordinance for the annexation of Enclave 27 which consists of
two parcels totaling .18 acres containing two commercial uses,located
at the northwest corner of the intersection of a N. E. 8th Street and
N. E. 9th Avenue. Proposed zoning for the enclave is GC. The level
of service is classified as "A" meaning that all existing services are
immediately available.
Recommend approval of Ordinance No. 46-88 annexing Enclave 27 with
proposed zoning GC.
Item No. 29 (Ordinance No. 47-88) This is a First Reading of an
enacting Ordinance for the annexation of Enclave 28 consisting of
three parcels totaling .72 acres containing three commercial uses
located between N.E. 9th and 10th (Palm Trail) Avenues, directly
north of N.E. 8th Street. Proposed zoning for the enclave is GC. The
level of service is classified as "A" meaning that all existing
services are immediately available.
Recommend approval of Ordinance No. 47-88 annexing Enclave 28 with
proposed zoning GC.
Item No. 30 (Ordinance No. 48-88) This is a First Reading of an
enacting Ordinance for the annexation of Enclave 30 consisting of one
parcel totaling 1.3 acres containing a commercial use (marina) located
at the southeast corner of N.E. 8th Street and N.E. 10th Avenue
(Palm Trail). Proposed zoning for the enclave is GC. The level of
service is classified as "B" meaning that service meets general
standards and is equal to that provided similarly situated areas in
other parts of the City.
Recommend approval of Ordinance No. 48-88 annexing Enclave 30 with
proposed zoning of GC.
Item No. 31 (Ordinance No. 49-88) This is a First Reading of an
enacting Ordinance for the annexation of Enclave 29 which consists of
a 1.03 acre portion of a canal located approximately 300 feet north of
N.E. 8th Street, east of the Intracostal Waterway and west of Andrews
Avenue. Proposed zoning for the enclave is RM. The level of service
is classified as "A" meaning that all existing services are
immediately available.
Recommend approval of Ordinance No. 49-88 annexing Enclave 29 with
proposed zoning of RM.
Item No. 32 (Ordinance No. 50-88) This is a First Reading of an
enacting Ordinance for the annexation of Enclave 3lA which consists of
90 parcels totaling 38.62 acres. A mixture of uses exist including
single family homes, vacant residential lots, commercial uses,
industrial parcels, agricultural land and community facilities (Palm
Beach County Mental Health Facilities), located generally between S.W.
9th Avenue on the east and 1-95 on the west. Proposed zoning for the
enclave is ART, R-lA, GC, LI, CF, PCC, SC, and ACT. The level of
service is classified as "D" meaning water and sewer is not generally
available and there are significant costs and factors to provide
service to the enclave. On the other hand the benefit to the City
comes from the increase level of code enforcement and Police presence
which is necessary in this particular enclave. The difficulty in
coordinating law enforcement and property maintenance codes weigh in
favor of annexation of this enclave.
- 6 -
AGENDA REPORT
Meeting of May 24, 1988
Recommend approval of Ordinance No. 50-88 annexing Enclave 3lA with
proposed zoning ART, R-lA, CC, LI, CF, PCC, SC, ACT.
Item No. 33 (Ordinance No. 51-88) This is a First Reading of an
enacting Ordinance for the annexation of Enclave 33 consisting of
three parcels totaling .71 acres containing one single family
residence located at the southeast corner of S.W. 8th Avenue and Ella
Street. Proposed zoning for the enclave is R-lA. The level of service
is classified as "B" meaning that service meets general standards and
is equal to that provided similarly situated areas in other parts of
the City.
Recommend approval of Ordinance No. 51-88 annexing Enclave 33 with
proposed zoning of R-lA.
Item No. 34 Appointment of regular member to the Community Appearance
Board. As a result of a resignation by a Member of the Community
Appearance Board, a vacancy exists. Presently two alternates serve on
the Community Appearance Board. Mr. J. B. Smith, the alternate with
the longest tenure has requested an appointment as a regular member to
the CAB. In addition an application was received from Mark L. Krall.
Should the Commission appoint the Alternate member of the CAB to serve
as a Regular member, we will notice the vacancy for an Alternate
member for subsequent future appointment.
Recommend Commission appointment of 1
Community Appearance Board.
Item No. 35 Appointment of Downtown Development Authority member. A
recent resignation from the Downtown Development Authority has created
a vacancy on that board. The following applications have been
received: Carl Carter, Hugh Cage, Bruce Gimmy, Jon Levinson, Victor
Seidman and Frank Wheat.
(one) regular member to the
Recommend Commission appointment of 1
Development Authority.
Item No. 36 Appointment of three Housing Authority Board Members. The
Delray Beach Housing Authority consists of seven members, each
appointed to four year terms. Eugene Strews is eligible to serve
another term and has requested reappointment to a term ending July 14,
1990, Lawrence Parker has applied for appointment to a term ending
October 27, 1991 while Cynthia Gracey has applied for appointment to a
term ending July 14, 1990.
(one) member to the Downtown
Recommend Commission appointment of three (3) Regular members to the
Housing Authority.
Item No. 37 Request for Landscape Variance. This item is a request
from William M. Merkel for modification of the requirements of Chapter
9 "Landscape Ordinance" and landscape plans approved by the Community
Appearance Board on April 13, 1985. The property is located at
321-323 N. E. 2nd Avenue.
The following deficiencies must be corrected or a variance granted in
order to comply with the Code:
A. Replace missing Black Olive tree on west side of property (12
foot height).
B. Replace missing section of hedge on west side of property (24
inches minimum height).
C. Replace missing section of hedge at southeast section of
property (24 inches minimum height).
- 7 -
AGENDA REPORT
Meeting of May 24, 1988
Staff does not support modification of the requirements as the plant
materials do not constitute a hardship as they were installed at the
time the Certificate of Occupancy was issued. The properties on
either side of Mr. Merkel have hedges and trees in the same proximity
to the street with no apparent problems. The property is located
within the Pineapple Grove District, which is attempting to improve
the appearance of the area.
Recommend denial of an appeal for administrative relief from landscape
requirements by william M. Merkel.
Item No. 38 Amendment to Delray Beach Golf Course Restaurant and Bar
license agreement. This is a proposed amendment to the golf course
restaurant license agreement extending the expiration date to be
concurrent with the golf course operator's lease.
Following a staff analysis and review of the lease arrangements for
the golf course restaurant and the golf course operation generally, we
believe it would be beneficial to have their terms coincide.
Concurrent expiration of both license agreements would be beneficial
in that it would allow future decisions to be made for operation of
the golf course and restaurant at the same time during the same budget
cycle and will allow for greater coordination of contract
administration. with this extension both license agreements would
expire on December 31, 1989.
License fee payments are a fixed fee, increasing $1,000 per year for
each year of the agreement. Year five payments will be $20,000.
Following this progression, the fee for this extension would be
$20,975.
Secondly the performance bond requirement needs to be revisited. We
presently require a $25,000 performance bond by the restaurant
operator. Changes in the insurance industry over the past several
years has made attainment of a performance bond in this amount
virtually impossible. As a result staff proposes waiver of this
requirement.
Recommend approval of an amendment to the golf course restaurant
agreement extending the expiration date of the license agreement to
December 31, 1989 and waiving the requirement that the operator post a
$25,000 performance bond based on availability of such bonds in the
insurance market.
Item No. 39 Proposed Temporary Use Agreement from Florida Power &
Light for location of the fourth Carbon Filter Unit. A letter has
been received from H. F. Kestner, Jr. of Florida Power & Light
setting forth a proposed license agreement for the location of the
filter unit on the east property line of Florida Power & Light
Company's Germantown Substation on S. W. 10th Avenue.
The City Attorney will have more information at Tuesday night's
meeting after further discussion with Mr. Kestner regarding his
concerns over the currently-proposed phrasing of any indemnity
provisions. He believes it necessary to add a phrase that such
indemnification is "to the extent permissible by law", and further
that the clause which requires the City to indemnify persons even if
their injuries are caused solely by the negligence of FP&L should be
deleted.
Recommend approval of the Temporary Use Agreement between the City and
Florida Power & Light for location of fourth Carbon Filter Unit
subject to further discussion between the City Attorney and Mr.
Kestner.
- 8 -
AGENDA REPORT
Meeting of May 24, 1988
Item No. 40 Settlement Offer in the case of Walker vs. the City of
Delray Beach. On December 4, 1983 at N. W. 1st Street and N. W. 11th
Avenue, an accident occurred between a police vehicle and another
vehicle. Four pedestrians in the vicinity of the accident alleged
they sustained injuries when they attempted to avoid being hit by the
vehicles. The original suit between the City and the driver of the
other vehicle was settled in September, 1987.
In this related but separate suit,
against the City as follows: Kimba
$35,000; Mary Coleman, $25,000; James
the pedestrians seek
Coleman, $2,500; Valerie
Coleman, $12,000.
damages
Walker,
Recommend denial of these settlement offers.
Item No. 41 Contract between the City and Fire Department Medical
Director. There is an existing requirement in the Florida Statutes
which requires each municipality providing pre-hospital Advanced Life
Support Services to employ a Medical Director to oversee the program.
The current Medical Director, Dr. Kenneth Lee, has resigned effective
June 1st. Several individuals have been interviewed and based on
these interviews, Dr. Joseph R. Yates is recommended as Dr. Lee's
replacement. A copy of Dr. Yates' resume is contained in your agenda
report as is a copy of the contract agreement.
Recommend approval of contract between the City of Delray Beach and
Dr. Joseph R. Yates as Medical Director.
Item No. 42 Amendment of Employment Agreement between the City and
City Manager. An Amendment to the Employment contract between the
City and the City Manager to increase assistance for rental of
temporary housing by $500 is requested. The agreement provides
assistance for a period up to six months from January 19, 1988. This
increase will be offset by lower actual cost for moving reimbursement
The employment agreement provided for reimbursement for interim moving
costs which were not sought..
Recommend approval of increase in temporary housing assistance from
$2,000 to $2,500.
Item No. 43 This is a request for rezoning properties located north of
N.W. 1st Street from RM-lO to CBD for the purpose of constructing a
public parking garage. The Planning and Zoning Board recommended,
on a 6-1 vote, rezon1ng to CF (Community Facilities) instead of CBD.
The Community Facilities designation is permitted within the existing
RM-lO usage and thus no plan amendment was deemed to be required.
Approval of this zoning change will allow construction of a public
parking facility adjacent and north of the proposed Jacobson's
Department Store to proceed.
Recommend approval of C.F.zoning for properties
Avenue and north of N. W. 1st Street and that
prepare an enabling Ordinance for advertisement
First Reading on June 14, 1988.
located east of 7th
staff be directed to
and Public Hearing at
Item No. 44
Hill. This
provided by
assessment
necessary
treatment
Attorney's
litigation
Addendum No. 2 to an agreement between the City and CH2M
proposed addendum is for continuation of services to be
CH2M Hill with regard to the 20-Series well field
and remediation services, and includes those items
to complete the design and construction of a full-scale
system and to provide support services to the City
office with regard to investigation and the subsequent
of the 20-Series well filed contamination.
Recommend approval
$503,000.
of payment to CH2M Hill in the amount of
- 9 -
AGENDA REPORT
Meeting of May 24, 1988
Item No. 45 This is a request for a sign code variance. Relief can be
granted pursuant to provisions of Ordinance No. 47-86 through which
the Commission can waive those provisions of the City Ordinance where
no other avenue of relief is provided. The Code requires that waiver
action be proceeded by public hearing.
This item is requested by Sandy Simon, developer of Atlantic Plaza to
accommodate certain sign requests by the Jacobson's Department Store
people. Provisions of the sign code which this waiver action involves
includes:
A. Prohibition of roof mounted signs.
B. Prohibition of off site signs.
C. Limitation of the number of signs permitted per business.
D. Modification to the Atlantic Plaza Pylon sign.
There is some uncertainty as to whether or not waiver of ordinances
can be accommodated by motion of the Commission or whether an
ordinance must be prepared. This determination should be made in
addition to a call for a public hearing.
Recommend tentative approval of request for sign code variance and
setting of a public hearing June 14th.
Item No. 46 Annexation of Property on the East side of South Federal
Highway between Avenue Hand LaMat Avenue owned by Enterprise Leasing
Company. Enterprise Leasing represented by Beril Kruger and Associates
is requesting annexation of 6.68 acre parcel of property with an
initial City zoning of GD. The present County zoning is General
Commercial for Lots 6 through 13 and Residential for Lot 14. Adjacent
City zoning is GC to the south which presently contains a Seven Eleven
Store.
Planning & Zoning Board has recommended approval of the annexation and
GC zoning subject to the stipulation that all lots involved in the
annexation (Lots 6 through 14) be platted into a single parcel. This
condition was required so that Lot 14 could not be developed
separately with access off Avenue H which is a shellrock, substandard
street. The developer intends to use Lot 14 as employee overflow
parking which will not extend automobile usage into this previously
residential parcel.
Recommend approval of annexation and initial zoning for Enterprise
Leasing and that an Ordinance be prepared and advertised for Public
Hearing on First Reading on June 14th, subject to the stipulation that
all lots involved in the annexation be platted into a single parcel.
Item No. 47 Palm Beach County Land Use Map Amendment. This is a
request by Kilday & Associates representing William Bowman to
reconsider City opposition to a proposed County Land Use Map amendment
changing 6.95 acres on Atlantic Avenue west of Military Trail from
Residential to Commercial.
The Commission at your January 25th meeting, affirmed the staff
position opposing this Land Use Map amendment. The shape of the
property, 300 feet frontage by 1,000 feet depth, was deemed not
appropriate for commercial usage and the commercial designation is
deemed to be inconsistent with existing residential which adjoins the
property. Additionally, the usage is inconsistent with existing
agricultural property also adjoining the property and is inconsistent
with the City's Land Use Map designations to the east. It is staff's
position that this requestcontinues the commercialization of the
Military and Atlantic intersection which has a high incident of
- 10 -
AGENDA REPORT
Meeting of May 24, 1988
accidents already. The Land Use Map amendment places the westward
extent of commercial use at Markland Lane presently, thus if the
County were to amend its Land Use Map other property between Markland
Lane and the effected properties should be reviewed and considered as
well.
Kieran Kilday will be present at the Commission meeting of May 24th to
discuss this request in more detail.
Recommend denial of reconsideration of Commission opposition to the
County's Land Use Plan amendment for property along the south side of
Atlantic Avenue west of Military Trail.
Item No. 48 Rezoning - Lindell and Federal Highway. This is a request
for rezoning property owned by IandiMarino located north of Lindell
west of Federal Highway from RM-lO to GC.
The property includes four separately deeded lots which together
comprise approximately one acre of land. Staff has recommended that
property be combined into one legal description prior to rezoning so
that four individual GC parcels would not be allowed to exist along
Lindell. The owner stated that each of the parcels has been
separately mortgaged and combining them would create a hardship since
he would have to refinance the notes. The Planning & Zoning Board at
its May 16th meeting recommended approval of rezoning each of the four
parcels of land on a 4-3 vote. The dissenting votes were cast because
of a desire to see a single legal description provided.
City Manager's recommendation supports the staff position in that it
would be a mistake to allow the potential for four separate commercial
enterprises to exist along this relatively narrow piece of property.
The owner does not plan to develop the parcels individually however in
order to prevent that from occuring in the future the zoning should be
contingent upon combining the parcels into one legal property. Should
the Commission approve this rezoning, an Ordinance will be prepared
for First Reading at your June 14th meeting.
Recommend approval of rezoning of property owned by IandiMarilno north
of Lindell west of Federal Highway from RM-lO to GC subject to the
assembly of four parcels into one legal property.
Item No. 49 Water and Sewer Bond Refinancing. The City's Water and
Sewer Fund will be expected to pay for the 1.5 to 2 million dollar
estimated cleanup program involving the contamination of our 20 Series
wellfield. We anticipate reimbursement of this expense but until that
time, funds must be sought from the Water and Sewer Fund.
Alternatives were explored including borrowing from the General Fund,
increasing water rates, or, following an initial proposal by
Cranston/Prescott, refinancing existing outstanding water and sewer
debt to infuse new money into the Water and Sewer Fund.
Following discussion of that option the City Commission at a workshop
meeting on April 29th authorized RFQs (Request for Qualification) be
solicited from bond underwriting firms and that proposals for
refinancing be prepared. Proposals were received from seven firms on
Tuesday, May 17th. Proposals were received from:
Arch W. Robertson Company
Cranston/Prescott
Goldman Sachs
William R. Huff and Company
Merrill Lynch Prudential-Bache
Raymond James & Associates
The City's Financial Advisor, Dean Witter, will have a staff analysis
completed for consideration by the Commission Tuesday evening. At
- 11 -
AGENDA REPORT
Meeting of May 24, 1988
this time it has not been received but will be forwarded when
available.
Recommend Commission approval of one proposal to
Underwriter for an advance refunding of the City's
Revenue Bond Series 1984.
serve as Managing
Water and Sewer
Item No. 50 Interim Management Services-Development Department. An
organization known as PRIME (Project and Interim Management
Executives) provides interim management services for municipalities.
At the present time the position of Development Director has been
vacant, and with the newly reorganized format, will require a person
with significant organizational and managerial skills..
There are several options the City Manager has in providing for
effective administration of newly created departments such as this.
These include appointment of an existing staff member in an "acting"
capacity. The disadvantage of this is that additioinal
responsibilities are loaded on someone already burdened with a
fulltime position and oft times neither job gets done as it should.
Additionally an internal person appointed to an acting role may in
fact apply for the position and may be perceived to have an unfair
advantage over other persons within the organization who might wish to
compete.
The second option is to hire a retired or "beween jobs" department
head or city manager who has competency in the field desired. The
disadvantage with this option is that it becomes much like the search
for a fulltime, permanent director in that it requires a considerable
amount of time to solicit and interview the potential applicants.
A third option, and the one recommended, is to hire a firm
specifically engaged in providing interim management executive
services. ICMA (International City Management Association) has
established an interim management service through a joint venture with
PRIME (Project and Interim Management Executives, I:nc.) which brings
an "outsider" as "insider" approach to special projects and
reorganizations such as the creation of the Development Services
Group. PRIME has developed a network of potential interim managers
who are unburdened by the weight of an organizational identity and
whose fresh perspective as an outsider supported by broad experience
can bring resolution to long standing problems and disputes. The
interim manager will be expected to identify organizational
operational strengths and weaknesses in a short period of time and
propose and implement solutions which are both innovative and
practical. Importantly the interim manager can focus energy and
talent on short term assignment to ensure that good programs that are
in place will stay in place and that those which might be required can
be implemented.
I have provided this rather lengthy explanation of my proposal because
it is unique, and since it involves a contract with a firm, it
requires Commission authorization. The firm will review those interim
managers available who have had experience in the specific fields
required in the Development Services Group.
Recommend Commission approval of an agreement between the City and
PRIME for interim management services for a period not to exceed four
months at a cost not to exceed $20,000.
CONSENT AGENDA
Item No. 51 (Resolution No. 30-88) This item is a Resolution assessing
costs for abatement action required to remove an unsafe building on
property at 37 and 37 1/2 Northwest 10th Avenue. The Resolution sets
forth the actual costs incurred and provides the mechanism to attach a
- 12 -
AGENDA REPORT
Meeting of May 24, 1988
lien on this property in the event the assessment of $3,014.00 remains
unpaid.
Recommend approval of Resolution No. 30-88 assessing costs for abating
an unsafe building within the City.
Item No. 52 Execution of Interlocal Agreement/E-9ll Emergency
Telephone Number System between the City and Palm Beach County Board
of Commissioners. The purpose of this contract is to establish not-to
exceed funding levels, maintenance and recurring costs
responsibilities, required completion dates for projects and
procurements, reimbursement dates and related procedures and
provisions pertaining to the E 9-1-1 emergency telephone number.
The following equipment and services are required to operate the E-9-l
emergency system in Delray Beach: maintenance of existing equipment
providing automatic (telephone) number identification and automatic
location information; upgrade existing 9-1-1 equipment to permit CAD
interface and automatic location printer; two (2) instant playback
recorders; maintenance of existing logging recorder and instant
playback records; telecommunication devices for the deaf; two
additional answering positions.
Recommend
Board of
Delray.
approval and execution of Interlocal Agreement between the
County Commissioners of Palm Beach County and the City of
Item No. 53 City of Delray Beach Code of
Commission authorized the recodification of
That recodification is presently complete and an
the next step in the recodification.
Ordinances. The City
Municipal Ordinances.
enabling Ordinance is
Recommend approval of the finalization of recodification of the City
of Delray Beach Code of Ordinances and that an Ordinance enacting the
new Code be drafted for presentation and Public Hearing on June 14th.
Item No. 54 Ratification of SCRWTD Board approval of S.G. Phillips
invoice for Regional Wastewater Treatment Plant expansion. City
policy calls for the City Commission to approve actions taken by the
board of the Regional Wastewater Treatment Plant. These ratifications
follow staff review of work accomplished at the plant. The two Cities
then share proportionately the cost of the improvements.
This is the final payment.
Recommend approval of $7,260. to S.G. Phillips Contractors, Inc. for
completion of the Regional Wastewater Treatment Plant expansion.
Item 55 Ratification of SCRWTD Board approval of an invoice from S.G.
Phillips for completion of Regional Wastewater Treatment Plant
expansion. City policy calls for the City Commission to approve
actions taken by the board of the Regional Wastewater Treatment Plant.
These ratifications follow staff review of work accomplished at the
plant. The two Cities then share proportionately the cost of the
improvements.
This is the final payment and includes retainage to zero.
Recommend approval
Contractors, Inc.
expansion.
of $12,500
for the
and retainage to zero to S.G. Phillips
Regional Wastewater Treatment Plant
Item No. 56 Palm Beach County Beaches and Shores Council, This is a
request for a Commissioner to fill a vacant seat on the Palm Beach
County Beaches and Shores Council. This position was previously filled
by former Commissioner Dougherty. The Commission had informal
- 13 -
AGENDA REPORT
Meeting of May 24, 1988
discussion of this at a workshop meeting at which time Commissioner
Trish Brainerd's name was suggested as an appropriate appointee.
Recommend appointment of Commissioner Trish Brainerd to the Palm Beach
County Beaches and Shores Council.
Item No. 57 Annexation - South Federal Highway. A&R Larson, Inc.,
represented by Roger Saberson, is requesting annexation of property
known as "A&R" Fruitstand and the balance of Enclave 55 with initial
City zoning of GC. The property is located at the southwest corner of
Federal Highway and the C-15 Canal. A&R Larson and adjacent property
comprises Enclave 55.
This item was heard by the Planning & Zoning Board at their May 16th
meeting. Following Public Hearing and discussion with the owner's
representative, the Planning & Zoning Board recommended annexation
with initial zoning of GC (General Commercial). The A&R Fruitstand is
a portion of Enclave 55. The balance of Enclave 55 is recommended for
GC (General Commercial) zoning as well subject to the following
stipulations:
A. Annexation will not create an additional enclave.
B. Service to the property will be provided in a manner similar
to that for property similarly situated already in the City.
C. Zoning of GC
does not conflict
rezoning requests
is consistent with the adjacent
with any of the 17 standards for
as found in Section 30-23(D).
zoning and
evaluating
D. Zoning of GC does not conflict with existing County zoning of
GC or the existing use of the property as a fruit and vegetable
stand.
E. The zoning of GC does not conflict with the City's Land Use
Plan designation of C for the property.
Each of these stipulations is consistent with the zoning being applied
and can be met.
Recommend approval of annexation of the A&R property located at the
southwest corner of Federal Highway and the C-15 Canal with zoning of
GC and preparation of two Ordinances, one for voluntary annexation and
the other for the balance of Enclave 55.
Item No. 58 Conditional Use (CU 6-237). Fred R. and Regina Hall
owners represented by Nintha Reatha Graham, requests a conditional use
permit and attendant site plan for First Years Quality Care (day care
center) located at S.E. 4th Street and S.E. 1st Avenue.
The Planning and Zoning Board has recommended approval of the
conditional use request and attendant site plan pursuant to 30-2l-E,
for an 18 month period subject to the following:
A. A positive finding that the use is not incompatible with the
limited commercial uses to the south and east.
B. Positive finding with respect to Section 30-2l(D) "Criteria
for the Evaluation of Conditional Use Request", Section 30-22(D)
"Standards for Evaluating Site and Development Plan Applications"
and Section 30-17 "Day Care Criteria".
C. Subject to conditions 1-11 under the Technical Review and
conditions 1-6 under the Community Appearance Board sections of
the staff report.
- 14 -
AGENDA REPORT
Meeting of May 24, 1988
Each of these stipulations can be met by the application.
Recommend approval of Conditional Use (CU 6-237) and attendant site
plan for First Years Quality Care.
Item No. 59 Waterford Village Final Plat Approval. Delint, Inc.
represented by Robert Benedict is requesting final plat approval for
Water ford Village (residential component of Waterford Place) located
west of Dotterel Road and north of Audubon Boulevard. The property
involves a 25.19 acre parcel zoned SAD.
This item has been reviewed by the Planning and Zoning Board which
recommends approval of the submission as a preliminary plat and
certified it as a final plat. There are no conditions of approval.
Recommend approval of a
Residential Development
Audubon Boulevard.
final plat for the proposed Water ford Village
located west of Dotterel Road and north of
Item No. 60 This is
Burns located south
the F.E.C. Railroad
a request for annexation of property owned by Dan
of Linton Boulevard, east of S.W. 4th Avenue to
with initial City zoning of GC.
This property is contiguous to the City via the Delray Industrial Park
development to the south and a vacant SAD parcel to the west (part of
the Laver's International Plaza). Water is available to site via a 8"
water main located along the east side of S.W. 4th Avenue. Level of
service is "c" because sewer service is not readily available. Sewer
service will be provided at developer expense.
The property is a part of Enclave 34, voluntary annexation will not
create an additional enclave.
Recommend approval of annexation of property located south of Linton
Boulevard, east of S. W. 4th Avenue to the F.E.C. RAilroad with
initial zoning of GC and preparation of an enabling Ordinance and
advertisement for First Reading and Public Hearing.
Item No. 61 Award of Bids and Contracts.
A. Lighting for Pompey Park Gymnasium- Community Development
Block Grant Activity- Basic Lighting Maintenance, Inc- $10,400.
B. Topping and Linestopping Unit and Linestop Fittings-
Hydra-Stop, Inc., -$15,290.
C. Long Term Disability program- Mutual Benefit Life Company-
$75,000
D. Polymer 844A- American Cyanamid Company- $76,000.
E. Paper Products and Janitorial Supplies-
The Stevens Company - $5,632.50
Jim Walters Papers - $6,940.04
Eli Witt Company - $487.00
Standard Sanitary Supplies - $9,066.70.
Picard Chemical Company - $115.00
Tropical Chemical Company - $7,540.60
- 15 -
AGENDA REPORT
Meeting of May 24, 1988
F. First Nationwide Bank - Purchase of Lot 2, Nichols Second
Addition for Water Plant Expansion - $38,00 plus closing costs.
- 16 -
MEMORANDUM
y~ ,vJ-UA.~?
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TO:
FROM:
SUBJECT: ALTERATIONS TO VARIOUS ENCLAVE ENACTING ORDINANCES
SCHEDULED FOR FIRST READING, MAY 24, 1988
DATE: MAY 24, 1988
It is necessary to consider alterations to five (5) of the
eighteen (18) ordinances which will be before the City Commission
this evening. The alterations stem from the recommendations
forwarded by the Planning and Zoning Board fOllowing its public
hearings which were held on Monday, May 23rd.
The alterations and their reason or justification are as follows:
Ordinance 35-88, Enclave #5:
Changing three R-I-AC designations to RL. This change
resulted after public c01l1{llent. It will provide greater
design flexibility; reduces, potential unit count on one
parcel; and remains consistent with the Land Use Map
designation of SF.
Changing three R-I-AC and two NC designations to R-I-AA.
This Change eliminates the potential for duplex development
on parcels which do not have frontage along a street. The
R-I-AA designation is the same as adjacent zoning to the
north (Atlantic High School) and the east. One of the
parcels previously designated NC is County owned and is a
30' wide access strip. The property is zoned single family
residential in the County and is either vacant or has a
single family structure upon it.
Ordinance 44-88, Enclave 25:
Changing the zoning category from
avoiding confusion on the zoning map
significant difference with respect to
Ordinance 45-88, Enclave 26:
RM to
itself.
use.
RM-IO;
There
thus,
is no
Changing the zoning
avoiding confusion on
significant difference
category from
the zoning map
with respect to
RM to
itself.
use.
RM-IO;
There
thus,
is no
To: Walter O. Barry, City Manager
Herb Thiele, City Attorney
Elizabeth Arnau, City Clerk
~e: Alternatives To Various Enclave Enacting Ordinances
Scheduled For First Reading, May 24, 1988
May 24, 1988
Page 2
Ordinance 49-88, Enclave 29:
Changing the zoning category from RM-IO to R-l-AAA. This
change was made after public testimony in which adjacent
owners requested that the City owned canal parcel be placed
in an open space category or most restrictive category.
Ordinance 50-88, Enclave 31 (renamed to 3IA):
Deletion of that
previously been
Annexation) .
part to be zoned as PCC in that it has
annexed to the City (part of the Weir
Deletion of that part of Enclave 31 which is identified as
"Sands and Sea Subdivision" in that the Weir Annexation
severed it as a part of the enclave. An additional
enacting Ordinance (52-88) has been drafted. There is no
change in the advertised or recommended zoning (R-I-A).
Change in the zoning designation on those parcels previously
designated as ACT to LI, based upon the Board's
determination that it is more appropriate not to use the
hOlding zoning concept on those properties, but to encourage
and facilitate their deve~opment. The Board's action was
predicated, in-part, upon public testimony.
Change in the zoning designation at the northwest corner of
S.W. lOth Street and Germantown Road from GC to LI in that
the Board determined it most appropriate ~o have all
properties west of Germantown Road in the LI designation and
that it was more appropriate to have the corner in LI since
contiguous properties were zoned LI and aggregation might
thus be encouraged.
The necessary ordinance modifications have been made by the City
Clerk's Office and will be inserted into the documentation at
this evening's meeting. Further, the agenda description for each
of the enclave ordinances did not specifically address zoning
categories; thus, it appears that the broad definition will
accommodate the changes, including the additional Ordinance
(52-88). Additional documentation will be prepared for the
public hearing packet. Public hearings are scheduled for June
28th.
c:
Alison MaCGregor, Assistant City Clerk
Jeff Kurtz, Assistant City Attorney
Stan Weedon, Assistant Director of Planning
REF/DJK#20/B:CHANGES.TXT
SOUTH FLORIDA
COMMUNITY COLLEGE
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COMMUNITY EDUCATION DEPARTMENT
April B, 19BB
Le Harve F. Young
Asst. principal for community Education
Carver community Middle School
301 S. W. 14th Avenue
Delray Beach, FL 33444
Dear Mr. Young:
I am pleased to announce that your nominee, .City of Delray Beach-,
was selected as the Award winner in category (I) Outstanding Development
and Suo ort for communit Education b a Cit Count, Local Communit ,
Aqency or organization for the 19B7-B8 Annual F.A.C.E,'Awards.
We do not want any advance ublicit or ress coverage. The winner's
name s ou e announced before the Awards eremony presentation.
The Award will be presented on April 29th (Friday) at the Noon Awards
Banquet, 11:30 a.m. - 1:00 p.m., at the Annual F.A.C.E. Conference held
at the Hilton Hotel, Pensacola, Florida.
would you please mak~ sure your nominee, or their designee, is in
attendance at the Ceremony to receive their Award? We have reserved a
meal for the Award winner. If extra persons are attending and want a
meal it will be necessary for you to make arrangements by contacting
Mike Aaron (904) 432-6121, Program Chairman for the Conference, by April
15th:
Again, congrat~lations on your nominee's selection as a winner. Please
feel free to call me for further clarification or information.
Sincerely,
//';, .J':" h'1 {,.~.'
;/",.. _. . l' - .....
Bob Bell,
Chairman,>- F.A.C.E. Awards Committee
(B13) 453-66'61, Extension 119
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MEMORANDUM
Date:
May 20, 1988
To:
Walter Barry, City Manager
Nancy Roti, Executive Secretary to the City
Manager/Special Projects Assistant
From: Susan A. Ruby, Assistant City Attorney
Subject: Sunbelt - Denntronics
The requested waiver of Chapter 10" Section 10,"8(c) of ,the
Code of Ordinances of the City of Delray Beach, Florida by
Sunbelt-Denntronics Cable, Ltd. is scheduled for a public
hearing on May 24, 1988.
Enclosed please find a letter setting forth the condition of
the waiver by Fred Epstein, attorney for Sunbelt-Denntronics
Cable, Ltd. This letter should be included with the agenda
package if possible or if not possible, distributed to the
Commission at the meeting on May 24, 1988.
Thanks.
t'-/(' 'i, .
...., / '-~~
--,. .
SAR:ci
Enclosure
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L.A-..(, OFFICES
BOOSE CASEY CIKLIN LUBITZ MARTE:N$ McBANE 8c O'CONNELL.
A PAATNEFl'S,.,l5l INC:;LUOI~O P~O't5$IONAL AS$OeIA'rION$
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WILLIAd'" R. aOOSt, Ill, P. A
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ALAN .,J. eIKLIN. P.....
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MIKEL 0, C;REE~E
l,.VNOA J, HARRIS. ~. A.
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CEBRA A, JeNKS
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~\CHAno L. MARTENS, ~ A.
LOUrS R. M..OANt. P. A.
Cl.AUDI4 ).0(. M~KtNNA.
DRIAN M. O'CON~ELL, P. A.
5lHIL D. O'CONNELL. ..J.IlI.. 10'. A
..JUL!tANN RICO
.!;'T'tPI""IEN L. &kOCHET
S....Ml.IEL A. TI"1QMAS
SV$AN WILLIAMS
PHIL"-tP O. Q'CONNEl..L, :S~. (ISi)07'1967)
OF' COvNStL
"I..AN ..J. AOCe;R$
NORTHBFl'IOGe; TQwEA! . I Qi'r.. "r..OOR
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j["-ECOF"I!~ (30~} B33 .4209
May 17, 1988
Susan A. Ruby, Esq.
Assistant city Attorney
City of Delray Beach
100 No. First Avenue
Delray Beaqh, Florida 334~4
RE: Sunbelt-Denntronics Cable Lt~. - Relocation of Office Service
Center and Partial Waiver of!Section IO.alc} of Ordinance No.
47-87
Dear Susan:
r am w ri ti ng at you r requeSt for Sunbelt-Dennt ronics to prov ide
the City with certain information concerning the above-referenced
matter. The City specifically is interested in information relating to
the impact of possible annexation by the City of the geographic area where
the Delray Office Plaza is located.
Upon final approval of th~ City, Sunbelt-Denntronics will be
relocating its Office Service Center to the Delray Office Plaza,
located at 4723 w. Atlantic AV,enue. The owner and landlord of the
premises is Kober Enterprises (hereinafter referred to as the "Landlord").
The Landlord is being represented by Ms. Lynn King of Caldwell Banker
with respect to the negotiation of the lease between Sunbelt-Denntronics
and the Land lord, Ms, King h<l s repr es en ted to my client that the
Landlord has no intention to object, if, and when, the City of Delray
Beach annexes the geographic area where the Delray Office Plaza is
located into the City limits. Further, the following agreement has
been reached between the Landlord and Sunbelt-Denntronics, to-wit:
The Lease shall contain a provision as folloWSI In the event
the Delray Office Plaza becomes contiguous to the boundaries
of the City of Delray Beach, the Landlord shall agree to
voluntary annexation into the City of Delray Beach. In the
event the Landlord takes any action to prevent, or refuses,
voluntary annexation when the Delray Office Plaza becomes
contiguous to the boundarie.s of the City of Delray Beach,
~lA~~-19-88 THU 16:18 BOO~E CASE"
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then, upon such event, and with thirty (30) days notice by
Sunbelt-Denntronics to the Landlord, Sunbelt-Denntronics
shall have (and shall exetdse) an option to terminate the
lease, at which time the Lease shall become null and void.
In the event the above- referenced clause ever becomes ef fecti ve,
then the partial waiver of Section 10.8(c) of Ordinance 47-87 by the City
would also become null and void, (I would suggest the waiver be.
drafted to prOvide for such event,) In such event, Sunbelt-Denntronics
represents to the City that it wo~ld agree to diligently take the steps
necessary to relocate its Office Service Center back within the City
li~its of Delray Beach, if a location suitable to Sunbelt-Denntronics' .
needs could be located.
As requested in my earlier letter of April 21, 1988 to Walter
Berry, we request that the waiver to be granted to Sunbelt-Denntronics
be effective for the entire term of the Delray Office Plaza lease, and
any renewals thereof.
We feel that the agreement that has been reached between Sunbelt-
Denntronics and the Landlord is satisfactprY to all parties and within.
the original understanding and agreement between the City, Sunbelt-.
Denntronics and the Landlord. ~n short, Sunbelt-Denntronics shall be
authorized by the City to relocate its Office Service Center outside of
the City limits. In the event the Premises become contiguous to the
City of Delray Beach and the City' intends to annex same and the Landlord
obj ects to or attempts to preven t such annexa tion, then Sunbel t-Dennt ron ics
agrees to terminate its lease ahd diligently attempt to relocate its
Office Service Center back within the City limits.
If you should have any further questions with respect to this
matter, please do not hesitate t;o contact me at your convenience. I
would appreciate if you would confirm when the waiver process is
anticipated to be concluded.
Very tr ly
FEE: tdb
cc: Mr. Donald Foster
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LAW OmCES . lJ.. t'" ./' APR 22\988
BOOSE CASEY CIKLIN LUBITZ MARTENS McBANE a. O'CONNELL
A PARTNERSHI!'> INCLUDING PROF'ESSIONAL ASSOCIATIONS CITY MANAGER'S 0~FjCE
BRUCe: G. ALEXANDER
FLETCHER N, BALDWIN, m
.JERALD S. BEER
WILLIAM R. BOOSE, m, p, A.
JOHN O. BOYKIN
PATRICK ...J. CASEY, P. A.
ALAN ,J. eIKLIN. P. A
CORY,J, CIKLlN
MICHAEL W, CONNORS
ROBERT L. CRANE
e. JEANE CRIPi='EN
FREDRIC E. EPSTIEN
MICHAEL M. GF'ESSER
LEE S. GORCON
MICHAEL D. GORDON
MIKEL D. GREENE
LYNOA..), HARRIS, p, A.
DANIEL A. HERSJ-olMAN
DEBRA A. .JENIo($
BRIAN e, ,JOSLYN
CI-IARl.ES A. l.UBITZ, P. A
RICHARD L. MARTENS, 1'>, A.
LOUIS !':I. McBANE. P. A.
CLAUDIA M. McKENNA
BRIAN M. O'CONNELL, ,,", A,
PHIL D. O'CONNELL. JR" P. A
.JULIEANN RICO
STEPHEN L. SHOCHET
SAMUEL A. THOMAS
SUSAN WILLIAMS
I'>I-lILLIP 0 O'CONNELL. S~, (1907-1967)
OF COUNSEL
ALAN ..J. ~OGE~5
NO~THBRIOGE TOWER I . 1ST.... "'LOO~
51.5 NORTH FLAGLER DRIVE
~, O. DRAWER 024626
WEST PAL.M BEACH. FLORIOA 33402-4e2e
TEl.EI='HONE (305) 832 - 5900
TELECO~IER (305) 833 -4209
April 21, 1988
Mr. Walter Berry.
City Manager
City of Delray Beach
100 N,W. First Avenue
Delray Beach" FL 33444
Re: Sunbelt-Denntronics Cable Ltd. Request for Waiver
and Approval of Relocation of Office Service Center
Dear Mr. Berry:
The undersigned represents Sunbelt-Denntronics Cable Ltd.
("Sunbelt"), a franchised cable television operator operating in
the City of Delray Beach.
I believe you have met with Donald Foster, Vice President and
General Manager of Sunbelt, with respect to Sunbelt's desire to
relocate its existing office service center located at 1458 S.W.
Tenth Street, Warehouse Unit No.3, to the Delray Office Plaza,
located at 4723 West Atlantic Avenue, in order to more effectively
and efficiently serve its Delray Beach cable customers. As you know,
the Delray Office Plaza is adjacent to but outside of the current
city limits of the City of Delray Beach.
We hereby respectfully request the City to waive that portion
of Section 10.8(c) of Ordinance No. 47-87 which requires Sunbelt
to maintain an office and service center within the City of Delray
Beach. We would request that such waiver be effective for the
entire term of the Delray Office Plaza lease, and any renewals
thereof, Sunbelt will continue to comply with all other portions
of Section 10.8(c) of Ordinance No.47-87, including, but not
limited to, that office and service center shall be open during all
normal business hours, have a publicly listed telephone, and
receive complaints and requests for repairs on a 24-hour, 7-day a
week basis.
I believe you are aware that Sunbelt has attempted to relocate
its office to another site within the City limits and, in fact,
has considered two other sites that would meet its needs but
unfortunately could not work out a mutually satisfactory lease.
Nonetheless, Sunbelt believes its subscribers would reap the
benefits of the Delray Office Plaza location since the office
would be located on a major roadway directly in Sunbelt's cable
television service area. More importantly, it would enable
Sunbelt to have its office hooked into Sunbelt's cable system to
more efficiently and effectively monitor the quality of Sunbelt's
cable television signal provided to its customers,
I understand that the proper procedure for the partial waiver
of Section 10.8(c) is found in Section 2-9 of the Delray Beach
City Code. We respectfully request that the City take whatever
actions are appropriate so we can accomplish and conclude this
matter as soon as possible. Our existing office and service
center currently being rented on a month-to-month basis and we
would like to move to our new and improved location as soon as
possible.
We appreci'ate your ass'istance'in this matter and stand ready too
cooperate and provide any additional information that you may require
to approve this minor waiver of a limited portion Section lO.S(c)
of Ordinance No. 47-87 which will result in the ability of Sunbelt
to better serve its Delray Beach cable television subscribers.
If you have any questions, please feel free to contact me at your
convenience. I will wait to hear from you with respect to proceeding
in this matter.
FEE:tdb
cc: Hon. Mayor Doak S. Campbell, III
Susan Ruby, Esq.
Mr. David J. Kovacs, City of Delray Beach Planning Director
Mr. Donald Foster
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,
, ~
I
.
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
S~,<;_:U_QJl._J.., That the follN/in" described property in
the City of Delray Beach. Florida. is hAreby 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-wi t,;
See Exhibit "A" at.t.ached heret,o and made a
'part hereof,
5f'.sUon 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-
Seotion ,.;L._ Trlat, all ordin."lnce;o: or p"'rt,s of ordinances
in conflict herewith be, and the same are hereby repealed,
5eotio~ That should any section or provision of
this ordinance or ",ny port,ion thereof. any paragraph, sentence,
or word be declared by a Court of compet.ent Jurisdiction to be
invalid. sl,lch deci!O,ion shall not affect the validity of t,he
remainder hereof as '" whole or p",rt thereof other than the part
declared to be invalid.
~".eot.iQn__EL. 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 t,he__,____ day of ____,___.____. 1988,
MAYOR
ATTEST;
. ._-~~----_.._._--_.._- .------- -_._-~----
Cit.y Clerk
First Reading
Second Reading
~',,\
oj:
,
RXHIBlT.-I
d~evi5ed 5/10/88:l
A PARCEL OF LAND BEING A PORTION OF ORIGINAL LOTS 13. 14. & 15.
OCEAN BEACH SUBDIVISION. SECTION 16. TOWNSHIP 46 SOUTH. RANGE 43
EAST. DELRAY BEACH. PALM BEACH COUNTY. FLORIDA. MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
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 NORTHERLY 341.04 FEET TO THE
POINT OF BEGINNING: THENCE CONTINUING NORTHERLY ALONG SAID EAST
RIGHT-OF-WAY LINE 135.23 FEET: THENCE WITH AN INTERIOR ANGLE TO
THE LEFT OF 90 DEGREE::, (Ii)' 00". If,3.00 FEET IN AN EASTEmtt'
DIRECTION; THENCE WITH AN INTERIOR ANGLE TO THE LEFT OF 27P
DEGREES 00' 00". 7:1.00 FEET IN A NORTHERCY DIRECTION; THENCE WI1l'[1
AN INTER lOR ANGLE TO THE LEFT OF 89 DEGREES 47' 30". 306. 02 FE'RT
IN AN EASTERLY DIRECTION TO THE WEST RIGHT-OF-WAY LINE OF OCEAN
BOULEVARD (S.R. A-I-A): THENCE WITH AN INTERIOR ANGLE TO THE LEFT
. OF 81 DEGREES 18' 07". 217. 29 FEET IN A ::.lJllTHERL Y DIRECT ION ALONG
SAID WEST RIGHT-OF-WAY: THENCE WITH AN INTERIOR ANGLE TO THE LEFT
OF 98 DEGREES 41' 53". 425.38 FEET IN A WESTERLY DIRECTION TO THE
POINT OF BEGINNING. CONTAINING 1.902 ACRES. MORE OR LESS.
OFDINANCE 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 DWELL ING> 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 REACH. FLORIDA. AS FOLLOWS:
Q!'l.",t.1.Qn"L_ That. t.he fedlowi n~' described property in
the City of Delray Beach. Florida. is h~reby rezoned and placed
in the CF (Communi t.y F..,cilit.ie,,;) Diclt.I'i,-,t. a~. defined in Chapter
30 of the Code of Ordinances of the City of Delray Beach, Flori-
da. to-wit:
See Exhi.bi t "A" C\T.t.C\chpd hArpt.O and mC\de a
part, hereof.
S.,ction 2. That.
shall. upon the effective
Zoning Map of Delray Beach.
sions of Section 1 hereof.
the Planning DirActor of said City
date of thi~ nrdin~nc~. change the
Florida. t.o conform with the provi-
SectionL That. all ord 1 nanCAS or p.3.rt.s of ord inances
in conflict herewit.h be, I;\nd t.he same are hereby repealed.
Sect.~_4~_ That. should C\ny sAcT.ion or provision of
this ordinance or any portion thereof. any pC\ragraph, sentence,
or word be declared by a Court. of compet.ent. jurisdict.ion to be
invalid, such decision shall not affect. the validit.y of the
remainder hereof as a whole or p.''1rt. t.hereof ot.her than t.he part
declared to be invalid.
5~.c.tj.Qn f>L That this ordinance shall become effective
immediately upon pC\ssage on second and fino'll reading.
PASSED AND ADOPTED in
final reC\ding on t.his t.he
regulC\r session on second and
day of _________________~__ 1988.
MAY 0 R
ATTEST:
Cit.y Clerk
First Reading ".
g""cc'nd Reading
i
EXHIBIT "A"
(Revised 5/10/88)
A PARCEL OF LAND BEING A PORTION OF ORIGINAL LOTS 13. 14. & 15,
OCEAN BEACH SUBDIVISION. SECTION 16. TOWNSHIP 46 SOUTH. RANGE 43
EAST, DELRAY BEACH, PALM BEACH COUNTY. FLORIDA. MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
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 612.83 FEET TO
THE NORTH LINE OF THE SOUTH HALF (S 1/21 OF ORIGINAL LOT 13:
THENCE WITH AN INTER lOR ANGLE TO THE LEFT OF 89 DEGREES 47' 30" .
153.00 FEET ALONG SAID NORTH LINE OF THE SOUTH HALF (S 1/2) OF
ORIGINAL LOT 13 IN AN EASTERLY DIRECTION TO THE POINT OF BEGIN-
NING: THENCE, CONTINUING ALONG SAID NORTH LINE, 314.95 FEET IN .~N
EASTERLY DIRECTION TO THE WEST RIGHT-OF-WAY LINE OF OCEAN BOUL~-
V ARD (:3. R. . A- 1- A): THENCE W'ITH AN INTER lOR ANGLE TO THE LEFT . OF
81 DEGREES 18' 07".57.66 FEET IN A SOUTHERLY DIRECTION ALQNG
SAID WEST RIGHT-OF-WAY LINE: THENCE WITH AN INTERIOR ANGLE TO THE
LEFT OF :18 DEGREE:3 41' 5:1". 3 06. 02 FEET IN A WESTERLY DIRECT ION:
THENCE WITH AN INTERIOR ANGLE TO THE LEFT ilF 90 DEGREES 12' 30".
57.00 FEET IN A NORTHERLY DIRECTION TO THE POINT OF BEGINNING.
CONTAINING (),4(16 ACRES. MllRF (-)R [JESS;
TOGETHli:R WITH
A PARCEL OF LAND BEING A PORTION OF ORIGINAL LOTS 13. 14. & 15.
OCEAN BEACH SUBDIVISION. SECTION 16. TOWNSHIP 46 SOUTH. RANGE 43
EAST. DELRAY BEACH. PALM BEACH COUNTY. FLORIDA. MORE PARTICULARLY
DESCRIBE~ AS FOLLOWS:
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 476.27 FEET TO
THE POINT OF BEGINNING: THENCE CONTINUING NORTHERLY ALONG SAID
EAST RIGHT-OF-WAY LINE 136.56 FEET TO THE NORTH LINE OF THE SOUTH
HALF (S 1/2) OF ORIGINAL LOT 13: THENCE WITH AN INTERIOR ANGLE TO
THE LEFT OF 89 DEGREES 47' 30", 153.00 FEET ALONG SAID NORTH LINE
OF THE SOUTH HALF (S 1/2) OF ORIGINAL LOT 13: THENCE WITH AN
INTERIOR ANGLE TO THE LEFT OF 90 DEGREES 12' 30". 136.00 FEET IN
A SOUTHERLY DIRECTION: THENCE WITH AN INTERIOR ANGLE TO THE LEFT
OF 90 DEGREES 00' 00". 153.00 FEET IN A WESTERLY DIRECTION TO THE
POINT OF BEGINNING. CONTAINING O. 47:~ ACRES, MORE OR LES::,.
CITY COMMISSION DOCUMENTATION
FROM:
~~ALT~R .0., BAR~~, CITY MANAGER
~ )r ( I j , -t()L-C'~
A~tr~KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
;Ii"'" (t"1
TO:
SUBJECT: MEETING OF MAY 24, 1988
ORDINANCES 21 & 22, REZONING TO ACCOMMODATE
FIRE STATION #2
DATE:
MAY 18, 1988
ITEMS BEFORE THE COMMISSION:
The action requested of the commission is approval, upon second
reading, of two ordinances which rezone private property north of
the Holiday Inn. One ordinance zones to the CF designation for
accommodating 'public parking in combination with relocation of
Fire Station #2; the other zones the balance of the property to
LC which will accommodate expansion of the hotel located to the
south.
At a work session on May 17th it appeared that the boundaries
contained in the ordinances are acceptable to the City and
neighboring property owners. Thus, there appears to be no reason
not to proceed with enactment of the rezonings.
IMPLICATIONS AND NEXT STEPS:
Enactment of the ordinances only resolves the matter of defining
the general location of where the uses of the fire station,
parking, and hotel expansion will occur. Although concepts
pertaining to the size of the fire station were discussed at the
work session, enactment of the rezoning ordinances does not
commit to a specific station size or location within the CF
property. The same is true for the resulting character of the
public parking area and the hotel facility.
The immediate next steps to be taken upon enactment of the
rezoning area as follows:
1. proceeding with the associated land exchange (see
related item on this agenda)
2. proceeding with sale of Miramar/Venetian site in order
to obtain additional financial resources (see related
items on this agenda)
~tq
To: Walter.Q Jarry, City Manager
Re:City Commission Documentation
Meeting of May 24, 1988
Ordinances 21 & 22, Rezoning To Accommodate
Fire Station #2
Page 2
3. renegotiation of the architectural services contract
4. reestablishment of design criteria for the fire
station itself; this process will include City staff
communication with the ad-hoc Andrews Avenue Citizens
Design Task Force, and will also lnvolve
representatives of Ocean Properties
5. development of schematic designs for the fire station
site and public parking area; these will be reviewed
publicly through the "site plan review process"
6.
proceeding with
construction.
construction
plans,
bid,
and
RECOMMENDED ACTION:
Hold the public hearing as has been advertised.
Confirm the limits of the action before the Commission and
highlight following activities which are to occur.
And then, based upon a finding that these rezoning actions have
been arrived upon consideration of the Planning and Zoning Board
deliberations and recommendations and the need to weigh competing
public and private needs, which involve the provision of the
public services (fire suppression and emergency medical
services), the provision of public parking for beach access, the
preservation of private property rights particularly with respect
to retaining property value within the adjacent neighborhood, and
the accommodation of new development which is essential for the
continued economic base of the community, approve on second and
final reading Ordinances 21-88 and 22-88.
No attachments
REF/DJK#20/B:CCFS.TXT
J
ORDINANCE NO. 25-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH. FLORIDA. ANNEXING TO THE
CITY OF DELRAY BEACH LOT 40. DELRAY BEACH
SHORES, A SUBDIVISION AS RECORDED IN PLAT
BOOK 23, PAGE 167. IN THE PUBLIC RECORDS OF
PALM BEACH CGUNTY. FLORIDA, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; SAID LAND IS LOCATED AT THE
SOUTHWEST CORNER OF THE INTERSECTION OF
BROOKS LANE AND STATE ROAD NO. AlA; REDEFIN-
ING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR THE
ZONING THEREOF TO RM (MEDIUM TO MEDIUM HIGH
DENSITY DWELLING) DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert J. Cullum and Stephanie Cullum, as
Tenants by t.he Ent.iret.y. are t.he fee-simple owners of the proper-
ty hereinafter described; and,
WHEREAS. William R. Seach. as duly authorized Agent for
Robert J. Cullum and St.ephanie Cullum, as Tenants by the Entire-
ty, has requested by his petition to have the property annexed
into the municipal limits of the City of Delray Beach; and,
WHEREAS, the subject property hereinafter described is
now contiguous to the corporat.e 1 imi ts of the City of De lray
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 prOV1Slons of City Code
Section 30-23 have been followed in est.ablishing the proposed
zoning designation; and,
WHEREAS. the Cit.y 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:
SectiorLL That the City Counci 1
Beach, Palm Beach County. Florida, hereby
the following described land located in
Florida. which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
to-wit:
Lot 40. DELRAY BEACH SHORES. a Subdivision as
recorded in Plat Book 23. Page 167. in the
Public Records of Palm Beach County, Florida.
The subject property is
southwest corner of the
Brooks Lane and State Road
located at
int.ersection
No. AlA.
the
of
The above-described parcel contains a 0.667
acre parcel of land, more or less.
l6
.J
Se~tion 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.
Se~tion 3. That Section 30-23 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District RM (Medium to Medium
High Density Dwelling) as defined by existing ordinances of the
City of Delray Beach, Florida.
Section 4. That the land hereinabove describAd shall
immediately become subject to all of the franchises, privileges.
immu~ities,' debts, obligations, liabilities. ordinances and laws
to which lands in the City of Delray Beach are now or may be
subject.ed and persons residing thereon shall be deemed citizens
of the City of Delray Beach,
Section 5. That this annexation of the subject proper-
ty. including adjacent roads, alleys, or the like. if any. shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions,
~tion ~_ That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 7. That should any section or proviSion of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 8. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the ___. day of ______''______.__, 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 -
Ord. No. 25-88
FLAi'-JNING
CITY OF OELRAY
,
ZONING BOARD
BERCH
STAFF REPORT
MEETING DATE:
APRIL 18, 1988
AGENDA ITEM:
CONSIDERATION OF AN ANNEXATION REQUEST (CULLUM) WITH INITIAL CITY ZONING
OF RM OF PROPERTY IN THE SOUTHWEST CORNER OF AlA AND BROOKS LANE.
III.F
ITEM:
PO./47 . ~;,. r> 0 H-)lI
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GENERAL
DATR:
Owner. . . . . '." . . . . . . ...... .. . .. . . Robert J. & Stephanie Cullum
.::.gent.......................... .William R. Seach
Location....................... .Southwest corner of AlA and
Brooks Lane
Description.................... .Lot 40, Delray Beach Shores
Property Size................... .77 acres
County Land Use Plan..... '" ....MF-M {Multi-Family Moderate
Density)
City Land Use Plan... ...... .... .MF-M (Multi-Family Moderate
Density - up to 5 units/acre)
County Zoning.................. .RM (Residential l>1edium Density)
Adjacent Zoning................ .North of subject property is RM-6
(Multiple Family Residential);
east is zoned RM-lS (Multiple
Family Residential); south and
west of subject property is zoned
R-IAA (Single Family Residential)
Existing Land Use............. ..Single family home
to
Proposed Land Use..... ......... .Multiple family structure
Water Service.................. .Existing on Slte
i
Sewer Service.................. .Existlng on site
ITEM:
TII
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~
ORDINANCE NO. 26-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH. FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH LOT 59, DELRAY BEACH
SHORES, A SUBDIVISION AS RECORDED IN PLAT
BOOK 23, PAGE 167. IN THE PUBL IC RECORDS OF
PALM BEACH COUNTY. FLORIDA, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; SAID LAND IS LOCATED ON THE NORTH
SIDE OF BROOKS LANE, BETWEEN STATE ROAD NO.
AlA AND THE INTRACOASTAL WATERWAY; REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGA-
TIONS OF SAID LAND; PROVIDING FOR THE ZONING
THEREOF TO R-1AA (SINGLE FAMILY DWELLING)
DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE: PROVIDING
AN .EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida passed
the Delray Beach Enclave Act. Chapter 86-427, Laws of Florida,
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach: and.
WHEREAS. pursuant to the Delray Beach Enclave Act, the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act. with said referen-
dum held on November 4, 1986, in conjunction with a general
election for Palm Beach County, Florida: and,
WHEREAS, the referendum held on November 4, 1986, was
approved by a single m~Jority vote of said qualified electors;
and.
WHEREAS, the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act, which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; and,
WHEREAS. the City of
authorized to annex lands in
Enclave Act.
Delray Beach has heretofore
accordance with the Delray
been
Beach
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS;
5.ec.tlim_L That the Cit.y Council
Beach, Palm Beach County. Florida. hereby
the following described land located in
Florida, which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
to-wi t.:
Lot 59. DELRAY BEACH SHORES, a Subdivision ,s
recorded in Plat Book 23, Page 167. in the
Public Records of Palm Beach County, Florida.
The subject property is located on the north
side of Brooks Lane, between State Road No.
AlA and the Intracoastal Waterway.
The above described parcel contains a 0,20
acre parcel of land, more or less.
II
1
Se~tion ? That the Boundaries of the Cit.y 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 limit.s of the Cit.y of Delray Beach,
Florida.
Se~tion 3. That Section 30-23 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and t.he tract. of land hereinabove described is
hereby declared to be in Zoning District R-1AA (Single Family
Dwelling) as defined by existing ordinances of the City of Delray
Beach, Florida,
Se~tion 4. That t,he land hereinabove described shall
immediat.ely become subject t.o all of the franchises, privileges,
immunities, debt.s, obligations. liabilit.ies, ordinances and laws
to wbich 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,
~tiQn_5~ That this annexation of the subject proper-
ty, including adjacent. roads. alleys, or t.he like, if any, shall
not be deemed accept.ance by the City of any maintenance responsi-
bility for such roads, alleys, or the like, unless otherwise
specifically init.iated by the City pursuant to current require-
ments and conditions.
Se~tion_ji._ That all ordinances or parts of ordinances
in conflict herewith be. and the same are hereby repealed.
~3ec't.iQ.n...~._ 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 t.he validity of the
remainder hereof as a whole or part thereof other t.han the part
declared to be invalid.
Section 8. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on this the
regular sess'ion
day of _
on second and
, 1988,
MAY 0 R
ATTEST:
Cit.y Clerk
First Reading ___.___.
Second Reading _._._"____
- 2 -
Ord. No. 26-88
PLANNING v ZONING BOARD
CITY OF OELRAY BEACH
STAFF REPORT
MEETING DATE:
APRIL 18, 1988
AGENDA ITEM:
IILF.
CONSIDERATION OF THE BALANCE OF ENCLAVE 40 FOR ANNEXATION WITH
CITY ZONING OF R-1AA
ITEM:
-.. - 't(, 43, PI, J'-U '= ~ i;'. ... 11.'-_ .~ ;, ;
... ~ .,
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DOMAINE . ;
" OELRA Y . "
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......
EDGE , ,
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GENERAL DATA:
OWner.".,.".".,.".,.,...", . Boughton Hotel, Inc,
Location.,.".".,.""..". ,., .North side of Brooks Lane
Description.."" .,..,..,."....Lot 59, Delray Beach Shores
Enclave Size,."",.,..,.,......
.2 acres (Excluding ,77 acres
of CUllum)
Jurisdiction.,....,..,..,.,.....Palm Beach County
County Land Use Plan...... "".,SF (Single Family)
City Land Use Plan".,.".,.,.,.SF (Single Family)
Current Use.". '" ..,'., ",.",.Single family home
Proposed City Zoning".".,.,...R_IAA (Single Family Residential)
County Zoning,..,., ',....,......RS (Residential Single Family)
Water Service.", .,,'. ,...,." "Existing on site
ITEM:
n
]I[
Sewer Service"., '" '., .,.,. ..,.Existing on site
)
I
ORDINANCE NO. 27-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH A PARCEL OF LAND LYING
AND BEING IN SECTION 30, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI-
PAL LIMITS OF SAID CITY: SAID LAND IS LOCATED
SOUTH OF GERMANTOWN ROAD, NORTH OF THE L-37
CANAL. WEST OF ANDOVER SUBDIVISION, AND EAST
OF HOMEWOOD BOULEVARD, IF EXTENDED SOUTHWARD:
REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; PROVIDING FOR
THE ZONING THEREOF TO R-1AAA (SINGLE FAMILY
DWELLING) DISTRICT; PROVIDING A. GENERAL
REPEALER CLAUSE: PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS. Sol Teitzman and Hannah Teitzman, his wife,
are t.he fee-s i mple owners of the propert.y hereinafter described:
and.
WHEREAS.
have requested by
into the municipal
Sol Teitzman and Hannah Teitzman, his wife,
their petition to have the property annexed
limits of the City of Delray Beach: and,
WHEREAS. the subject. property hereinaft.er described is
now contiguous to the corporate I imi ts of t,he Ci ty of Delray
Beach. thus making said petition for annexation effective at this
time: and.
WHEREAS, the designation of a zoning classification is
pirt of the annexation proceeding, and provIsIons of City Code
Section 30-23 have been followed in establishing the proposed
zoning designation: and,
WHEREAS, t.he 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:
5..e.ctiQn....L_ That the City Council
Beach, Palm Beach County, Florida, hereby
the following described land located in
Florida. which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
to-wi t:
PARCEL A~.
The North 150 feet of the West 185.91 feet of
the Southwest Quarter of the Southeast
Quarter of the Northwest Quart,er of Section
30. Township 46 South, Range 43 East.
PARCEL B:
The West 185.91 feet of that portion of the
Northwest Quarter of the Southeast Quarter of
the Northwest Quarter of Section 30, Township
46 South. Range 43 East, lying South of
Germantown Road;
And the West 185.91 feet (less the North 150
feet. t.hereof) of the Southwest Quart.er of the
Southeast Quarter of the Northwest Quarter of
Section 30, Township 46 South, Range 43 East,
l~
J
Said lands situate, lying and being in Palm
Beach County, Florida.
The subject property is located south of
Germantown Road, north of the L-37 Canal,
west of Andover Subdivision. and east of
Homewood Boulevard. if extended southward.
The above-described
acre parcel of land,
parcel
more or
contains
less,
a
4.2
Section 2, That the Boundaries of the Ci t,y 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,
Secti9nlL_ That Section 30-23 of the Zoning Code has
been followed in the establishment. of a :>"oning classification in
this ordinance and t.he tract of land hereinabove described is
hereby declared to be in Zoning District R-1AAA (Single Family
Dwelling) as defined by existing ordinance~ of the City of Delray
Beach. Florida,
Sect,ion-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 all ordinances or parts of ordinances
in conflict herewith be. and the same are hereby repealed.
Section 7. That should any section or provision of
this ordinance or any portion thereof. any paragraph. sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section~ That this ordinance shall become effective
immediately upon passage on second and final reading,
PASSED AND ADOPTED in regular session
final reading or, this the __'_ day of ____
on second and
. 1988,
ATTEST:
MAY 0 R
Ci t,y Clerk
First Reading _
Second Reading ___ _"___'___ ___.
- 2 -
Ord. No. 27-88
PLRNNING 8 ZONING
CITY OF OELRAY
BORRD
BEACH
STAFF REPORT
MEETING DATE: APRIL 18,1988
AGENDA ITEM:
CONSIDERATION OF AN ANNEXATION REQUEST (TEITZMAN) WITH INITIAL CITY
ZONING OF R-IAAA ON PROPERTY SOUTH OF GERMANTOWN RD. NORTH OF THE L-37
CANAL AND WEST OF ANDOVER SUBDIVISION.
III.E
ITEM:
~
0:
"," .
, -,
~ . " ,''- ~ ......
-':::::''''',;t' " I '-,' 4("~""~
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GENERAL
DATA:
Owner.......... ................. .$01 and Hannah Teitzman
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Sol and Hannah Tei tzman
Location....................... .South side of Germantown Road,
north side of L-37 Canal and west
of Andover Subdivision
Property Si ze. . . . . . . . . . . . . . . . . . .
4.2 acres
/.
County Land Use Plan............Low-Medium Residential
County Zoning......... ...... ... .RT lResidential Transitional)
City Land Use Plan..............SF (Single Family)
Adjacent Zoning.................North of subject property is
PRD-lO (Planned Residential
Development); south and east is
R-IAA (Single Family) and ~est is
R-lAAA (Single Family)
Existing Land Use. ..............Single Family residential and
rental units
Proposed Land Use.............. .Child Care Center
\1
Water Service.................. .Available on the north side of
Germanto~n Road
Sewer seJvice... .............. ..To be obtained from either
Andover or Verona woods
Subdivision
ITEM: II[
I 1~81 EN~LAVE ACT STUD~
EAA-4
f.,S .
,
0::
o
.
..
Qoi3:,
-
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CITY Cf [llffi Y BEf{H [lJ'f BY: Sp :OJ
AJN'\I~ & ZO~[~ [ffiR GfD<ED BY: s~ I
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MAP: wI
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ill
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f ,i
()-26().
~ Te i tZlIan
I' Annexa t i on
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ENCLAVE 69
Number of Parcels:
Total Acreage:
16
21.01
Assessed Value: $1,667.860
Estimated population: 30
GENERAL CHARACTER LEVEL OF SERVICE SUMMARY
The \.Joodvue Subdivision (i5.91. ;Jeres. Fire & EMS ~ .. .. .. . .. .. . . .. B
8 homes. 4 vacant lots) south of Police .............. .. A
Germantown Road and three agricultural Water ............................ .. A
parcels with two homes. on~ p.:1 r eel Sewer ............................ .. B
lying north of CermantolJT1 Road i .87 Access ........................ .. B
acres) and two parcels (4.2 acres) Code Enforcement ...... .. A
east of the Woodvue Subdivision.
CUMULATIVE ................. .. C .
LAND USE EVALUATION FINANCIAL EVALUATION
Proposed Zoning . . ,R-IAM I. ART R,EVENUES:
Property Ta.x: $ 8.67~
Plan Zoning and Per Capita : 5.211
Use are Consistent .............. .. Yes
TOTAL: S 13.884
Zoning and City Plan
are Consistent, Use
Becomes Nonconforming ....... . ~o EXPENDITURES:
Operar.ing : $ 5.340
Use is Accommodated Additional
Through a Zone Which is Operating : 1.82
Inconsistent with the No Total Operating: $ 5.822
City Plan ................................ ..
Capital: -0-
Number of Enacting Ord. .. . 2 C. 1. P. . Development
COMMENT: COMMENT:
No apparent problems "
* Water and sewer is available along Germantown Road.
Woodvue is on septics and wells, While there should
not be a need for provision of infrastructure, this
enclave is flagged as having an overall standard of
development less than to full City st3ndards.
J
ORDINANCE NO. 28-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH A PARCEL OF LAND LYING
AND BEING IN SECTION 4, TOWNSHIP 46 SOUTH,
RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI-
PAL LIMITS OF SAID CITY; SAID LAND IS LOCATED
ON THE EAST SIDE OF SEACREST BOULEVARD,
BETWEEN N.E. 22ND STREET AND GULFSTREAM
BOULEVARD. AT THE NORTHWEST CORNER OF THE
ATLANTIC HIGH SCHOOL SITE; 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 CF (COMMUNITY FACILITIES) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE; PROVID-
.ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Palm Beach County. a political subdivision of
the State of Florida, is t.he fee-simpl", owner of the propert.y
hereinafter described; and.
WHEREAS, Carol A. Roberts, Chair. Board
Commissioners, on behalf of Palm Beach County, a
subdivision of the State of Florida. has requested by
tion to have the property annexed into the municipal
the City of Delray Beach; and,
of Count.y
political
her peti-
limi ts of
WHEREAS, the subject property hereinaft",r 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 prOV1Slons of City Code
Section 30-23 have been followed in establishing the proposed
zoning designation; and.
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of
the Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1~ That the City Council
Beach. Palm Beach County, Florida, hereby
the following described land located in
Florida, which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
to-wi t.:
Portion of the Southeast One-Quarter (SE 1/4)
of the Northwest One-Quarter INW 1/4) of the
Southwest One-Quarter (SW 1/4) of Section 4,
Township 46 South, Range 43 East, Palm Beach
County. Florida. being more particularly
described as follows:
The South 341.26 feet of the North 391,26
feet of the East 345.00 feet of the West
385.00 feet of the Southeast One-Quarter (SE
1/4) of the Northwest One-Quarter (NW 1/4) of
the Southwest One-Quarter (SW 1/4) of said
Section 4.
\~
J
The subject property is located on the east
side of Seacrest Boulevard, between N.E. 22nd
Street and Gulfstream Boulevard, at the
northwest corner of the Atlantic High School
site.
The above-described parcel contains a 2.67
acre parcel of land, more or less.
Se~tion ~ 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 tract of land hereinabove described is
hereby declared to be in Zoning District CF (Community Facili-
ties) as defined by existing ordinances of the City of Delray
Beach, Florida.
S,,~tion:1.._ 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.
S"0tinn~ That this annexation of the subject proper-
ty, including adjacent roads, alleys. or the like. if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads. alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 6. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 7._ That should any section or provision of
this ordinance or any portion thereof. any paragraph, sentence,
or word be declared by a Court of competent. jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section ~ That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final rAading on this the _____
regular session
day of
on second and
, 1988.
MAY 0 R
ATTEST:
City Clerk
First. Reading ______.
Second Reading
- 2 -
Ord. No. 2B-88
PLANNING
CITY OF OELRRY
6
ZONING 80ARD
BERCH
STAFF REPORT
MEETING DATE:
AGENDA ITEM:
APRIL 18, 1988
III. C
ITEM:
CONSIDERATION OF ANNEXATION OF THE AQUA CREST SWIMMING POOL AT ATLANTIC
HIGH SCHOOL WITH INITIAL CITY ZONING OF R-1AA OR rl' roMMITNTTY l'Arn TTT1'~
j
.... 7-1" ,"
Z.,. ft' ,.t ,..; 1~
-; 'I'M d......~~
f" oj .,..r ~f~ '1'~ ,.
ATLANTIC
"'10M
SCH OL
.
-:.1" <-
" C II i ,. ~ "
"
~
-.~~
.;.
GENERRL
DRTR:
Own~r. . . . . . . . . . . . . .. . . . . . . . . .. . . Board of County Commissioners
;..gent........... ."............... .Board of Count.y Commissioners
Location. . . . . . . . . . . . .. . . . ... .... East side of Seacrest Boulevard
between NE 22nd St. and
Gulfstream Boulevard
Description.................... .East side of Seacrest Boulevard
and south of Seacrest Lane, on
the northwest corner of the
AtlantiC High school site
Enclave size....................
2.67 acres
Jurisdiction................... .palm Beach County
County Land Use Plan........ ....LM (Low to Medium Density
Residentl.al)
City Land Use Plan.. .... ........P (Public)
County zoning.................. .RS (Residential Single Familyl
Proposed City Zoning.... ........R-1AA (Single Family) or CF
(Commun~ty Facilit~es)
Adjacent
zoning................ .North, south and east of subject
property ~s zoned R-1AA. West 1S
zoned County RS (Residential
single Family)
\5
ITEM: ill
Existing Land Use.............. .Aqua Crest Swimming Pool
proPfsed Land Use.............. .Aqua Crest Swimming Pool
Water Service................... Existing an s~te
Sewer Service...................Existing on slte
l1~11 ENClAVE ACT STUDY
MAP: A
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ENCLAVE 4
Number of Parcels:
Total Acreage:
2,7
Assessed Value: 0
Estimated Population: 0
GENERAL CHARACTER LEVEL OF SERVICE SUMMARY
the Pool, Fire & EMS .......... . B
Enclave 4 is Aquacrest Police A
owned and operated by Palm Beach ............. .
Water .............. . A
County. Sewer A
.............. .
Access ............. . A
Code Enforcement '" . A
CUMULATIVE ......... . B
LAND USE EVALUATION FINANCIAL EVALUATION
Proposed' Zoning ......... . CF REVENUES:
Property Tax: - 0 -
Plan Zoning and Per Capita :
Use are Consistent ....... . Yes
TOTAL: - 0 -
Zoning and City Plan
are Consistent, Use
Becomes Nonconforming .... . No EXPENDITURES:
Operating :
Use is Accommodated Additional
Through a Zone Which is Operating :
Inconsistent with the Total Operating: - 0 -
City Plan ........................... .. No
Capital: - 0 -
Number of Enacting Ord. .. . 1
COMMENT: COMMENT:
No apparent problems No revenue or additional costs
generated by annexation
,
ORDINANCE NO. 29-88
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 29. TOWNSHIP 46 SOUTH, RANGE
43 EAST. DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA. FROM MF-l0 (MULTIPLE FAMILY 10
UNITS/ACRE) TO C (COMMERCIAL): SAID LAND IS
LOCATED ON THE NORTH SIDE OF LINDELL BOULE-
VARD, BETWEEN FEDERAL HIGHWAY AND DIXIE
HIGHWAY: AMENDING THE LAND USE PLAN: PROVID-
ING 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:
S","'tinn L_ That, the legal dee,cription of the subject
property is as follnws:
Lot. "B". TROPIC PALMS PLAT NO. 1.
to the Plat thereof recorded in Plat
Pages 99 through 102, incluf;ive,
Public Records of Palm Beach County.
according
Book 25,
of the
Florida.
Lot, "C", Sect,ion 1, TROPIC PALMS, according
to the Plat thereof, recorded in Plat Book
25. Pages 99 to 102, inclusive, of the Public
Records of Palm Beach County, Florida.
Tract D, TROPIC PALMS. PLAT 1, according to
the Plat thereof recorded in Plat Book 25,
Pages 9:3 t.hrough 102, inclusiv",. of the
Public R",cords of Palm B",ach County, Florida,
The W",st s",v",nty-five (75) feet of Lot 1,
TROPIC GARDENS, according to th", Plit there-
of, recorded in Plat Book 29, Page 121 of the
Public R",cords of Palm Beach County, Florida.
The subi",ct property is located on the north
side of Lindell Boulevard, h~tw~en Federal
Highway and Dixie Highway.
The above-described parcel cont,aills a 1. 105
acre parcel of land. more or less,
Section 2._ That the Land Use Plan designation of the
subject prop",rty in the Comprehensive Plan adopted by Ordinance
No. 65-79 is hereby changed to C (Commercial).
S...",t.i(Jfj L That the Planning Director of the City of
Delray Beach shall, upon the effective date of this ordinance.
chang", the Land Use Plan of Delray Be~ch, Florida, to conform
with the provisions hereof.
5~ti_on .-4_." That all ordinances or parts of ordinances
in conflict herewith be, and the s~m", Are her",by repealed.
If
Secti=-.2.... That should any section or provision of
this ordinance or any portion thereof. any paragraph. sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such 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 J3~ That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on this the _______
regular session
day of
on second and
1988.
MAYOR
ATTEST:
City Clerk
-------.--
First Reading __
Second Reading _________________
- 2 -
Ord. No. 29-BB
ORDINANCE NO. 32-88
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 AT THE NORTHEAST CORNER OF
N.E. 7TH AVENUE AND N.E, 1ST STREET. FROM
MF-I0 (MULTIPLE FAMILY - 10 UNITS/ACRE) TO C
(COMMERCIAL): AMENDING THE LAND USE PLAN:
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 DELRA Y REACH. FLOR IDA. AS FOLLOWS:
SfiGt.,iou), That t.he legal de:",cript.ion of the subject
property is as follows:
The South 104.42 feet of the West 175 feet of
Block 123. CITY OF DELRAY BEACH. according to
the Plat t,hereof. recorded in Plat Book 1.
Page 3. of the Public Records of Palm Reach
County. Florida: and.
Commencing at a point 157 feet North of the
Southwest corner of Block 123. thence East
175 feet. thence South 52 feet.. 4 inches,
thence West 175 feet. thence North 52 feet, 4
inches. to the Point of Beginnjn~. Rll in
Block 123. CITY OF DELRA Y REACH. Accord ing t.o
the Plat. thereof rAcorded in Plat Book 1.
Page 3. of t,he Pub] ic Records of Pa 1 m Beach
County. Florida: and.
~ots 1. 2 and 3. PARK COURT SUBDIVISION.
according to the Plat. thereof on filA in the
Office of r.he Clerk of the Circuit.' Court in
and for Palm Beach County. Florida. in Plat
Book 10, Pa~e 74,
The sub,iect. propert,y is locat.ed at
nort.heast corner of N.E. 7th Avenue and
1st St.reet.. Delray Beach, Florida.
the
N. E.
The aboVe-rl~~cribed
acre parcel of land.
parrpl r:nnt,., i nB
more or less.
a
1. 17
5~Q.tio.rL.2." That. t,he Land Use Plan designation of the
subject propert,y in the Comprehemsive Plan i.s hereby changed to C
(Commercial) ,
:3_ecct.j.Oll :3, That the Planning Direct,or of the City of
Delray Beach shall. llpon the effective dat,A of this ordinance.
change the Land Use Plan of Delray Beach. Florida, to conform
with the provisions hereof.
Sf'ectlQXL 4~ That all ordinances or part.s of ordinances
in conflict herewith be. and the same are hereby repealed.
is
Sect.ion~~ That should any sect,ion or pr()vls1on of
this ordinance or any portion thereof, any paragraph. sentence,
or word be declarerl by a Court of competent jurisdl~tion to be
invalid, such decision shall not affect the validity of the
remainder hereof .3S a whole or part, thereof other than the part
declared to be invalid.
Qe~ti'LQ~ That this orrlinance shall hecome effective
immediately upon passage on second and final reading,
PASSED AND ADOPTED in
final reading on this the __mmm,__
regular session on second and
day of n.nu_n'n._,m_m".m.,"",' 1988.
MAY 0 R
ATTEST:
Cit.y Clerk
First Reading
Second Readi.ng _____________________
- 2 -
Ord. No. 32-88
ucr I"\n . IVIC..... II"\L
CORRES~ONDENCE
LII 'I' Ut
DELRAY BEA[H
~~Ci
SUBJECT
TO ~~. PARRY'JCTfY,MANAGER
~L~A ' - ..vo,-,r l
FROM LaVlG J. Kovacs, Diiector
Iepar1Jrent of Planning and Zoning
CITY cr:M1ISSICN lXXlMENI'ATICN
MEE!'IN; CF MAY 24, 1988
FUBUC IJE:ARIN; RE PlAN AMENIMENI', MF-lO 10 C
ProFERlY NCRlll CF 1ST SIREEI' (C.R.A. REqJEST)
irfJi\l(
DA IE 5-17-88
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is consideration on first
reading of an ordinance amending the Land Use Plan from MF-lO to
C in order to accommodate a rezoning action which will
facilitate locating a public parking garage north of N.E. 1st
Street.
The action was requested by the C.R.A. and was formally initiated
by the City commission.
Detailed background information is found in the attached P & Z
staff report.
PLANNING AND ZONING BOARD RECOMMENDATION:
At its meeting of May 16, 1988, the Board held a public hearing
on this matter and recommended that the Land Use Plan amendment
not be enacted. In - lieu thereof, the Board has recommended
that zoning of C.F. be applied to the property and a finding
made that the Land Use Plan need not be amended because the
ultimate use of a pUblic parking facility is consistent with the
existing plan designation (MF-10). The rationale for this
finding is as follows:
1. CF zoning designations are deemed consistent with any
underlying land use map designation provided that
findings are made that the proposed use is otherwise
consistent with the governing Comprehensive Plan;
2. The current plan designation allows for RM-lO zoning
which is the current zoning on the property. Under
that zoning, parking facilities for adjacent commercial
development is permitted.
3.
The parking facility which
under the current zoning and
designation.
is proposed is allowable
the current Land Use Map
l5
eM 362
THE EFFORT ALWAYS MATTERS
TO: walter 0 larry, City Manager
RE: City CommLssion Documentation
Meeting of May 24, 1988
Public Hearing Re Plan Amendment, MF-lO to C
property North of 1st Street (C.R.A. Request)
Page 2
4. Thus it is not necessary to amend the Land Use Map to
accommodate the proposed use of a public parking
facility in that such a use is consistent with uses
allowed under the current Land Use Map designation.
At the Board's public hearing there was objection to the proposed
use and objection to the "intrusion" of commercial designations
into residential areas. Proceeding in the manner recommended by
the Board mitigates the intrusion aspects as far as it relates
to depictions on the Land Use and Zoning Maps.
ALTERNATIVE ACTIONS
1. Proceed with the initial direction i.e. with amending
the Land Use Map from MF-lO to C.
2. Proceed with the recommendation of the Board.
RECOMMENDED ACTION:
Reject Ordinance 32-88 and make a determination that the Land Use
Map does not need to be changed in order to accommodate the
proposed use of a parking facility since such a use can be
accommodated under the existing Map and Zoning designations.
attachment
ref:DK*20/A:ord3288
rLril'Ji\J 1 NG >S LON 1 NG 80ARlJ
CITY OF OELRAY BERCH
MEETING D=lTE: Hay 16.1988
STAFF REPORT
---
AGEf\D=l
ITEM: III. A
CONSIDERATION OF A LAND USE PLAN AMENDMENT (MF-IO to C) AND A
COMPANION REZONING FROM RM-IO TO CBD ON PROPERTY NORTH OF FIRST
F SEVENTH AVENUE FOR THE PURPOSE OF CONSTRUCTION OF
A PARKING GARAGE.
ITEM :
.
I . .
. . .
".
. . .
. " ; .
"
-
.. ~
. .. . ..
,
. . . .
~ .
..,~ " .
. . , . ... ~ .
. . '. . ..
GENERAL
DATA:
Owners
.......................
Corner lot: Atlantic Plaza Ltd
Interior lot: W~ter-Way of
Florida Limited PartnerShip
Initiator of action
.............
City of Delray Beach pursuant
to . request from the C.R.A.
Property size
..................
1.17 acres
Location
........................
northeast corner of N.E. 7th
Avenue and N.E. 1st Street
Current Plan DeSignation ........ KF-10
Proposed Plan DeSignation C
Adjacent Plan DeSignations MF-IO to west, east, and north
SF to north. C to south
Current Zoning DeSignation RH-10
Proposed Zoning DeSignation caD
Adjacent Zoninq Oeslqnatlons RM-lO to west, east, and north
Rl-AA to north, CBD to SOUth
Current Land Use
.............
Corner parcel - vacant, site
plan for .. surface parking lot
is approve<!
Interior parcel - 20 unit
apartment complex
Public Parking Garaqe
All services exist to serve
this property
ITEM:
1IL. I
Proposed Land Use
I
Utility SerVice
.............
.............
ITEM BEFORE THE BOARD:
The item before the Board
separate actions. One is
companion rezoning. The
changing the zoning is to
is a public hearing to consider two
a Plan Amendment and the second is a
purpose of making the amendment and
accommodate a public parking garage.
BACKGROUND:
The developer of Atlantic Plaza has been successful in
interesting the Jacobson's Department Store corporation in
locating within Atlantic Plaza. Having such a department store
has been a goal of the City's Community Redevelopment Agency
(CRA). A requirement of Jacobson's is that of parking to serve
their needs. To provide such parking, it is necessary that a
parking structure be built.
Atlantic Plaza, Jacobson's, and the CRA have combined efforts in
prpviding such a facility. The CRA will finance, enter intp
agreements for construction, and then be responsible for t~e
parking facility. As the lead agency for this project, they
approached the City commission for the purpose of having land
use designations on the private property altered to accommodate
the parking structure. On May 10, 1988, the City Commission
formally initiated plan amendment and rezoning actions to that
effect.
The matter before the Board is that of land use and the impact of
a land use change upon the immediate neighborhood, the downtown,
and the community in general. Site specific information, while
necessary in some degree to assess potential impacts of the
change, is not formally before the Board at this time. A formal
site plan submission is scheduled for June 3rd with formal action
by the Board tentatively set for July 18th. A traffic study, a
conceptual site plan, and conceptual elevations have been
requested of the developer to aid in evaluating impacts of the
proposed changes.
PROJECT ANALYSIS:
Comprehensive Plan: The "Policy Guide to the Land Use Element of
the Comprehensive Plan", December, 1986, provides the following
guidance in considering this request.
General Goal Statements & Preface (page 1) refer to having a
"viable and physically attractive downtown providing a broad mix
of uses and activities". Further reference is made to having "a
well balanced economic base in order to provide job opportunities
for its residents and help maintain the current level of
property taxes and services" (Statement #1).
Plannir
Land Us..
Rezoning
Page 2
and Zoning Board
Plan Amendment (MF-lO to CI and Accompanying
from RM-IO to CBD, property North of Atlantic Plaza
TO:
RE:
A further statement (#3) suggests that "residential densities
should be increased slightly around the CBD in order to increase
the potential market, promote safety and provide more
opportunities for housing in these areas".
*
growth, the above also
boundaries of the CBD, how
how that treatment affects
While encouraging economic
raises a concern about the
they are treated, and
development.
Page 4, Statement A.2: "Except within the Community Redevelopment
Area, all future land use plan changes and rezonings from
residential..... to retail commercial shall be discouraged
unless a market study can demonstrate a compelling pUblic need.
,A traffic ,impact study of the proposed change shall also ~
required." '
..
Page 4,
existing
Community
*
This statement shows that intensification of commercial
(retail) uses within the CBD is highly desirable.
Statement A.6 "Efforts should be made to revitalize
commercial areas located ......... and within the
Redevelopment Area." Incentives are then suggested.
This statement supports the proposal.
Page 9, Statement 4 "Land use density and intensity
planned by the City to match the existing and ultimate
of the adjacent road network. Improvements to the road
to accommodate project traffic should be made prior
ultimate build-out of new developments .......
*
should be
capacity
network
to the
A traffic study which addresses impacts upon N.E. 1st
Street, particularly as it affects congestion at N.E.
5th and 6th Avenues, upon Atlantic Avenue (CBD area),
and the functioning of the one-way pair system has been
r~guested. As of this writing the report has not yet
been received. The reason this item is of particular
concern is that a requirement of Jacobson's is that the
one-way status of 1st, between 5th and 6th, be altered
to two way and that improvements be made, as necessary,
from 5th to the garage. Assistance from the City is
requested in making necessary improvements.
TO:
RE:
Planni
Land U__
Rezoning
Page 3
and Zoning Board
Plan Amendment (MF-lO to ~I and Accompanying
from RM-lO to CBD, Property North of Atlantic Plaza
Page 10, Statement 3 "The village character of the Central
Business District (CBD) and the Limited Commercial District (LC)
east of the Intracoastal Waterway should be encouraged and
preserved."
* The apparent effect of the proposed parking structure
and related parking deck extending to the south may be
contrary to the direction of this statement.
On-the-other-hand, it may be more appropriate to think
of the CBD in terms of an "urban v1llage" which is
characterized by low scale buildings with a high degree
of activity and few "open space" areas.
From the general policy statements in the Land Use Guide there is
not a firm direction as to how to proceed with the request.
While there is a des1re to provide for strengthening the economic
viability of the CBD, the concept of "village like atmosphere"
also needs consideration.
Community Redevelopment Plan:
apply favorably to the proposal.
Several objectives of the C~
These include:
Apply selected public actions to encourage greater
private investment in redevelopment and rehabilitation
activities - p.5.
Increase the level of economic activity and the tax
base within the Community Redevelopment Area - p.5.
Strengthen the Downtown portion of
Redevelopment Area as the economic,
cultural, and retail center of the City
the Community
governmental,
- p.5.
Consider future actions to consolidate existing public
parking supplies in downtown including potential
centralized parking structures as warranted by
increases in parking demands.
And,
Consider additional pUblic
Atlantic Avenue, west of the
and at several locations
residential/office district
Elementary School - p.6.
parking areas south of
Intracoastal, in the CBD
within the historic
north of the Delray
Construction of a parking garage in conjunction with a
major retail/commercial development with 75-150
additional spaces to serve adjacent properties - p.25.
However, the graphics locate this facility at S.E. 1st
Street and the FEC.
TO:
RE:
Planni' .
Land U
Rezoning
Page 4
and Zoning Board
Plan Amendment (MF-lO to _I and Accompanying
from RM-IO to CBD,.Property North of Atlantic Plaza
Retail recruitment aimed at additional apparel stores
and a junior department store as a retail anchor p.-27.
A very important objective to increase the tax
within the Agency's area so that the benefits of
increment financing can be achieved.
base
tax
Some of the objectives may be adversely affected by the proposal.
These include:
Implement improvements to improve the efficiency and
effectiveness of the "downtown by-pass" routes - p.6.
* Awaiting the traffic report
Develop Veterans Park
improvements - p.7.
as exemplary
public
*
Will the parking facility add or detract frqrn
Veteran's Park redevelopment?
The parking objectives cited above - p.6.
k Is the parking structure located in such a manner
that it is best cited for the downtown area?
Review this question in light of the Plan
commentary (p.16) that retail should be along
Atlantic Avenue frontages.
Parking objectives from page 23 Le. "make off-street
parking areas attractive and accessible".
Criteria for Evaluation of Rezoninq Requests: These criteria are
found in Code Section 30-23-D. Normally these are considered
separately from the Land Use Plan Amendment, but ~n this case,
consideration of these additional standards may aid in that
initial decision.
Standard *1 - Relationship to Land Use Plan:
For the proposed zoning of CBD, this determination would
rest solely upon the Board's action on the accompanying plan
amendment. However, in further consideration and analysis
of this item, an alternative zoning of CF may be more
appropriate. If CF zoning is pursued, it may be determined
to be compatible with the current Land Use Plan designat~on
of MF-lO since parking facilities for multi-family
residential projects and off-site parking for commercial
uses is allowed in the zoning of RM-lO which is compatible
with the Plan designation of MF-lO.
I
TO:
RE:
Planni
Land Use
Rezoning
Page 5
and Zoning Board
Plan Amendment (MF-lO to C) and Accompanying
from RM-lO to CBD, Property North of Atlantic Plaza
Standard #2 - Relationship to existing land use pattern:
There will be a change to the existing land use pattern in
that a mUlti-family complex of twenty units will be
destroyed. Also, this action may lead to other property
(the last lot) along lst seeking a commercial designation.
The corner lot had heretofore been approved for a surface
parking lot through conditional use process. However, such
a lot was more in-keeping with the character of the area.
Use of the CF zone district, by its more neutral character
would mitigate against an adverse pattern as far as the land
use and zoning maps are concerned.
Standard #3 - Spot zoning?
As CBD, the property would be contiguous to the CBD
to the south., By defini,tion, CF designations
considered as "spot ,zoning".
zon1ng
are not
iI
Standard #4 - Alter population thereby affecting utilities and
services?
No such impact in that the resulting use
accommodate additional people as residents.
intensification of use (expansion of Atlantic
accommodated with existing utility systems.
will not
The related
Plaza) can be
Standard #5 - Are illogical boundaries involved?
This is not a consideration with respect to this item. The
basis for the existing boundaries are logical.
Standard #6 - Have changing conditions necessitated this request?
The request is not a result of changing conditions. It is
more a result of the availability of a site for the proposed
use.
Standard #7 - Adverse impact on area living conditions?
There would be a lessening of the quality of life for
abutting properties, particularly those further east on 1st
Street in that those properties would be accessed through
the parking facility.
Property to the north
immediacy of the proposed
is significant will be
those property owners.
t~em.
I
would also be impacted by the
use. Whether or not this ~mpact
determined by testimony from the
Notification has been provided to
TO:
RE:
planni
. Land Us.:
Rezoning
Page 6
and Zoning Board
Plan Amendment (MF-lO to ~J and Accompanying
from RM-lO to CBD, Property North of Atlantic Plaza
Standard *8 - will congestion be created or increased?
By adding 350+ parking spaces and redirecting
patterns (one-way system on 1st twixt 5th and
congestion will be increased. However, traffic flow
be such that although higher volumes are created,
congestion should not occur.
traffic
6th),
should
actual
Further information should be available in the forthcoming
traffic study.
Standard *9 - Drainage concerns?
None anticipated. If incurred they would be handled through
appropriate engineering solutions. No concern.
Standard *10 - Reduction of light and air?
The anticipated setback on the ,north and east sides Qf t~e
parking structure is ten feet (10'1. The structure's height
to the top of parapet or side wall will approximate
twenty-three feet (23'). The north wall will extend
approximately a length of three hundred feet (300'). While
the east wall would extend about one hundred and fifty feet
(150'1 where it parallels adjacent condominium units.
The apartment complex immediately to the north (and fronting
on 7th Avenue) is setback ten feet (10') from the property
line or a distance of twenty feet (20') from the proposed
structure. There would be a reduction in light and air to
those units which currently have exposure to the south.
The nearest R-lAAA homesite is thirty-five feet (35'1 from
the property line and fifty feet (50') from the existing
apartment structure. The impact here should not be
significant since a structure already exists to the south.
The condominium to the east is setback ten feet (10') from
the property line or a distance of twenty feet (20') from
the proposed structure. While there are two structures only
twenty-feet away from condos at present, the situation will
be exacerbated since the parking structure will have a
continuous wall (side) as opposed' to the "broken-up"
situation which presently exists.
The parking structure will not present a solid wall since an
"open" system is necessary for ventilation. Thus, the
impact will be one more of aesthetics than health concerns.
TO:
RE:
Planni,
Land Use
Rezoning
Page 7
and Zoning Board
plan Amendment (MF-lO to C) and Accompanying
from RM-lO to CBD, Property North of Atlantic Plaza
Even though the property is currently zoned the same as
property to the north (west end) and east, the setback
requirements are greater (under currently zoning) than what
apparently existed when the buildings on those s~tes were
constructed.
Statement #11: Impact on property values?
The impact is problematic. The existence of the structure
may be considered as negative by some potential buyers and
as a positive features by others. While it is fair to say
that it will not enhance value, it will not necessarily
decrease value.
Statement #12: Impact on development of adjacent parcels?
There is no impact since the adjacent parcels are developed
except for the Atlantic Plaza site wh~ch will benefit since
the structure will allow additional development at that
location.
Statement #p: A grant of special privilege?
'I
" ,
This item requires special attention. Although the parking
structure will be owned and operated by the CRA and will be
opened to the public, it is also anticipated that it will
relieve the developer of having to provide, or "buy-out",
his parking requirement obligation. The manner of
compensation which the developer is to provide to the CRA
and/or the City in fulfillment of its parking obligation
has not been specifically documented. It is anticipated
that this is part of the negotiations which are occurring
with regard to the financing of the structure and
acquisition of land. While this matter is outside the
purview of the Planning and Zoning Board (i.e., actual
negotiations), it is appropriate that the City Commission
consider this standard when its final action is taken.
Statement #14: Reasons why the property cannot be used under
present zoning?
No such reasons exist
used for housing, and
plan on it.
Statement #15: Relationship of scale with the'needs of the
neighborhood and City?
in that 1) one portion is currently
2) one portion has an approved site
Theoretically the number of spaces is required to meet
projected parking needs. Whether or not the total number of
spaces will be needed is unknown. The scale of the
structure in terms of real need cannot be absolutely
determined at this time -- only actual usage will tell.
Scale with respect to design has been broached in the
"village" atmosphere discussion in the comprehensive plan
section.
TO: PlanniL_ and Zoning Board
RE:Land Use Plan Amendment (MF-lO to C) and Accompanying
Rezoning from RM-lO to CBD, Property North of Atlantic Plaza
Page 8
Statement #16: Availability of other sites?
~ttempts have been made by the CRA to secure a site to the
immediate west of Atlantic Plaza. Such a site has been
difficult to secure and has been reported as not acceptable
to Jacobson's. If that site is rejected, then there are no
other sites which meet the need created by the proposed
department store location.
Statement #17: Sufficiency of evidence to support the change?
The decision to be made is more intuitive than imperical.
Assessments to be made include:
is the other
acceptable?
site truly
not available
or
the impact upon the maintenance and character of
~he residential neighborhood to the north? .
il
the impact of the facility upon the economic
viability of the CBD?
the impact upon traffic flow and congestion (more
data should be available on this item upon receipt
and review of the traffic study):
and, the assessment of whether this location ~s
the best place to invest public assets in siting
a CBD parking structure?
ASSESSMENT:
On the five points raised under Standard #17, the following staff
(Planning Department) assessment is provided.
re site availability --- refer to testimony of the CRA.
re impact on neighborhood to north --- this impact is
not necessary negative. A perspective which supports
that position is that the parking structure provides a
barrier or separation of use areas and that the
separation between residential and commercial is best
established by mid-block use rather than a common
street such as currently exists.
i
re economic impact and best placement of investment ---
problematic at best. Jacobson's will be making an
investment in the community. As a successful
organization, it is assumed that they are comfortable
(from an. economic perspective) in locating in ~tlantic
Plaza. By locating there, there will be a beneficial
~mpact in the CBD and in the community's general image.
The direct impact upon the area outside of Atlantic
Plaza is more problematic.
TO:
RE:
Planni,
. Land Use
Rezoning
Page 9
and Zoning Board
Plan Amendment (MF-lO to C) and Accompanying
from RM-lO to CBD, 'Property North of Atlantic Plaza
This is the question of the best location of the
parking facility. certainly the 7th Avenue location is
better from the community impact view. Further
deliberation of this topic involves the allocation of
CRA resources and TIF leverage which is produced from
the totality of the project which is best provided by
the CRA itself.
re traffic impacts - awaiting the traffic study.
Traffic impact reports aside. The item before the Board is truly
one of an assessment of community values, desires, and its
future. From the perspective of the Comprehensive Plan and
accompanying Gommunity Redevelopment Plan, the goals of economic
development favor, but do not mandate, the proposal. Some of the
more specific objectives of the CRP and the more specific
findings addressed in the rezoning criteria call several aspects
of the proposal into question, but do not mandate its rejection.
Use of the 'other (physically) potentia~site would generate mote
support since it presents fewer concerns.
At present, the Planning Staff has not drawn a firm position
other than it appears more prudent to recommend that in-lieu of a
change to the land use plan a determination be made that CF
zoning (for purposes of a public parking facility) is consistent
w1th the general designation of MF-lO and that a CF zone
designation is, then. more appropriate than extension of the
commercial implications associated with the CBD designation.
ALTERNATIVE ACTIONS:
1. Forward a recommendation supporting the request as initially
presented i.e., C for a Land Use Map Designation and CBD for
zoning. This action would also include a finding that the
proposed amendment is local in nature since it involves less
than three acres of land in a nonresidential
classification.
2. Forward a recommendation that a determination be made that a
CF zonlng designation is consistent with the Plan's MF-lO
designation in that parking facilities associated with
commercial use is allowed 1n the RM-lO zoning district
(which is consistent with the MF-lO plan designation) and
that the zoning be CF.
3. Forward a recommendation that neither the land use map nor
the zoning should be changed.
I
,TO:
RE:
Planni
Land U's"
Rezoning
Page 10
and Zoning Board
Plan Amendment (MF-lO to C) and Accompanying
from RM-IO to CBD, Property North of Atlantic Plaza
RECOMMENDED ACTION:
If a recommendation to permit the parking structure is made,
alternative action #2 is preferable to alternative action #1.
A recommendation to approve a change or not to make a change
needs to be based upon specific findings. It would be
appropriate for the Board to reach a consensus on the basic
question, formalize that consensus by a vote on the basic
question, and then direct staff to draft the specifics of the
accompanying findings. The written findings could then be
verified by the Board at its special meeting on May 23rd.
ref:DK#20/A:pzj~cob
;1
May 13, 1988
Mr, Ken Simback
Director of Development
Procacci Development Corporation
401 W, Linton Boulevard
Delray Beach, Florida 33444
Re: Atlantic Plaza Traffic Study
WALKER #T10n, 01
~..:::::,,;. '. ., ,~...
fi;i([j..ijvHrtk~'i t
Dear Mr, Simback:
We are pleased to submit this preliminary overview of our traffic
impact analysis (TIA) for the proposed addition to the Atlantic Plaza
Shopping Center for your information and review.
INTRODUCTION
The purpose of this preliminary report is to provide an overview of
the projected traffic impacts of the proposed addition to the
Atlantic Plaza Shopping Center on the existing roadway network
adjacent to this .proposed facility, by evaluating the present and
future Level of Service (LOS) of the intersections surrounding the
site, Actual LOS calculations will be provided in the final report,
The Shopping Center is proposed to have an additional 51,077 square
feet of floor space on two floors,
The addition will be constructed adjacent to and north of the
existing Shopping Center where parking now exists. Because of the
additional parking demand, and the loss of parking spaces, a 350-400
parking deck will be constructed north of the existing Shopping
Center. Two alternative parking deck locations on the northeast
corner of 7th Avenue and 1st Street are being proposed as follows:
o Alternate 1 - would be as shown in Figure 1, Access to the
structure would be from both 1st Street and 7th Avenue.
o Alternate 2 - the parking structure would be moved to the
south, and 1st Street adjacent to the parking structure
would be relocated to the north of the parking structure.
EXISTING TRAFFIC CONDITIONS
The existing ~ffic data, 1986 morning and afternoon peak hour
traffic counts, were obtained from a report prepared by Wallace
Roberts & Todd, Inc, These traffic counts were adjusted by a 3%
yearly growth factor to reflect 1988 traffic conditions, The roadway
geometric information was collected by WALKER personnel, and the
signal timing information was provided by the City of Delray Beach.
continued. . .
~
ParKing Consultants
Restoration Engineers
505 Davis Road
Elgin, IL 60123
312/597.2540
Mr, Ken Simback
May 13, 1988
Page Two
The traffic data was utilized to determine the existing LOS at the
following intersections:
0 5th Avenue and Atlantic Avenue
0 6th Avenue and Atlantic Avenue
0 7th Avenue and Atlantic Avenue
0 5th Avenue and 1st Street
0 6th Avenue and 1st Street
A computerized program utilizing the "1985 Highway Capacity Manual"
was utilized to determine the existing and future LOS, All the
intersections under existing conditions have an acceptable LOS.
FUTURE TRAFFIC CONDITIONS
The proposed parking deck in itself will not generate any additional
traffic, only redistribute the traffic flow adjacent to the site,
The traffic entering and exiting the proposed parking deck was
assumed to be the same distribution for both deck alternatives, other
than through the intersection of 7th Avenue and 1st Street, The
proposed addition to the Shopping Center, 51,077 'square feet of
retail space, will generate additional traffic to the Shopping
Center. Those additional trips were distributed to the surrounding
street system, assuming 70% of the additional generated traffic would
utilize 7th Avenue to the south, 15% utilize 7th Avenue to the north,
and 15% utilize 1st Street to the west. The additional amount of
traffic generated during the afternoon peak hour is shown below:
Average Weekday
24 Hour
Two-Way
Volume
4,801
PM Peak Hour
Enter
215
Exit
224
Detailed results of the LOS
report when it is completed,
either existing or future had
calculations will
However none of
an unacceptable
be provided in the
the intersections,
LOS,
full
ALTERNATIVE SITE LOCATIONS
Alternative 1 would utilize the existing street system, Pedestrians
would walk across 1st Street, however the traffic volumes would be
low. The only land uses generating any traffic east of the Shopping
Center are two'apartment homes, a private residence, and a recreation
center. Traffic volumes from these land uses would be less than
would be anticipated on typical roadways within a shopping center,
therefore crossing 1st Street would not be hazardous for
pedestrians, Pedestrians however should be encouraged to cross 1st
Street at the 7th Avenue intersection or east of the driveway into
the Shopping Center to minimize any vehicular/pedestrian conflicts,
continued
~
Mr, Ken Simback
May 13, 1988
Page Three
Location of the stairways, elevators within the parking deck would
help in directing these pedestrians to the best locations to cross
1st Street,
Alternative 2 would require relocating 1st Street east of 7th Avenue
to the north side of the parking deck and would make access to the
land uses east of the Shopping Center somewhat difficult and
confusing,
SUMMARY
The proposed addition to the Shopping Center including the parking
deck will not have a significant traffic impact on the surrounding
street system, Therefore, no recommendations are required for
improvements to the surrounding street system as a result of the
construction of this proposed facility,
Of the two alternative parking deck locations, the Alternative 1 site
is recommended. Traffic, other than through the 7th Avenue and 1st
Street intersection,. would be uneffective by e'he' site location, thus
should not be a consideration in the decision. However access to the
remaining land uses east of the Shopping Center is a concern and for
that reason Alternative 1 was recommended,
If you have any questions or comments please call me. I will be in
the office on Monday or you could call me at home this weekend, my
home number is (312) 428-2593,
(tJt;I;f{;)
Richard T, Klatt, P.E,
Senior Transportation Engineer
RTK:jw
cc: Uday Kirtikar, WALKER
I
~
___ ONEWAY
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SHOPPING CENTER
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LEGEND
TRAFFIC SIGNAL ~
STOP SIGN -,s
INTRACOASTAL
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8)
NORTH
STUDY AREA t!:!!!J1Jri1l ........ eo...._.
.......".... 1....,.,.-,
A TlANTIC PLAZA
I DELRA Y BEACH, FLORIDA T1077,01 FIG,
MAY 1988 I
J
ORDINANCE NO, 34-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH LOTS 3 AND 4, SEACREST
SUBDIVISION. ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 23, PAGE 3, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED ON THE NORTH SIDE OF SEACREST LANE,
APPROXIMATELY 230 FEET EAST OF SEACREST
BOULEVARD; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO R-1AA
(SINGLE FAMILY DWELLING) DISTRICT; PROVIDING
A GEN~RAL REPEALER CLAUSE; PROVIDING'A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE,
WHEREAS, the Legislature of the State of Florida passed
the Delray Beach Enclave Act, Chapter 86-427. Laws of Florida.
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach; and,
WHEREAS. pursuant. to t.he Delray Beach Enclave Act, the
City of Delray Beach called for a referendum of those qualified
electors within t,he City of Delray Beach and the enclaves t.hat.
would be subject to annexation under the Act. with said referen-
dum held on November 4, 1986. in conjunct.iort wi t,h a general
election for Palm Beach County. Florida; and,
WHEREAS, t.he referendum held on November 4,
approved by a single majority vote of said qualified
and,
1986, was
electors;
WHEREAS, the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act, which identifies sixty-five (65)
enclaves eligible for annexation pursuant. t,o the Act; and,
WHEREAS, the City of
authorized to anneX lands in
Enclave Act,
Delray Beach has heretofore been
accordance with the Delray Beach
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Council
Beach. Palm Beach County. Florida, hereby
the following described land located in
Florida, which lies cont,igllous to said City
of the City of Delray
annexes to said City
Palm Beach County,
to-wi t:
Lots 3 and 4. SEACREST SOBDIVISION. according
to the Plat thereof recorded in Plat Book 23,
Page 3, of the Public Records of Palm Beach
County, Florida,
The subject property is located on t>he north
side of Seacrest Lane, approximately 230 feet
east of Seacrest Boulevard,
The above-described parcel contains a 0,34
acre parcel of land. more or less.
I~
.1
Section ?" 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.~~ That Section 30-23 of the Zoning Code has
been followed in the establishment of a zoning ,~lassification in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District R-1AA (Single Family
Dwelling) as defined by existing ordinances of the City of Delray
Beach, Florida,
Section ~~ That the land hereinabove described shall
immediately become subject to all of t,he franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach,
Se~tinn ~ That this annexation of the subject proper-
ty. including adjacent roads. alleys, or the like, if any, shall
not be deemed accept,ance by t,he Ci t,y of ,qny maintenance respons i-
bility for such roads, alleys, or the like. unless otherwise
specifically initiated by t,he City pursuant to current require-
ments and conditions,
SectiS.!D_.F;, That I'll 1 ordinances or p...rts of ordinances
in conflict herewith be. and the same are hereby repel'lled,
ae.d:J.!2n.l.. That should any section or provision of
this ordinance or any port,ion thereof, any paragraph, sent,ence,
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 8 whole or part thereof other than the part
declared to be invalid,
Section 8, That this ordinance shall become effective
immediately upon passage on second and final reading,
PASSED AND ADOPTED in
final reading on this the _____
regular session
day of
on second and
1988,
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 -
Ord. No. 34-88
,-
ORDINANCE NO, 35-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH THREE PARCELS OF LAND
LYING AND BEING IN SECTION 4, TOWNSHIP 46
SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM
BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGU-
OUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND IS GENERALLY LOCATED AT THE
NORTHEAST CORNER OF THE INTERSECTION OF
SEACREST BOULEVARD AND N,E, 22ND STREET, AND
ON THE NORTH SIDE OF N,E. 22ND STREET,
APPROXIMATELY' 310 FEET EAST OF SEACREST
BOULEVARD; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE'
RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID-
ING FOR THE ZONING THEREOF TO R-1AA (SINGLE
FAMILY DWELLING) DISTRICT, IN PART, RL (LOW
TO MEDIUM DENSITY DWELLING) DISTRICT, IN
PART, AND NC (NEIGHBORHOOD COMMERCIAL)
DISTRICT, IN PART; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE,
WHEREAS, the Legislature of the State of Florida passed
the Delray Beach Enclave Act, Chapter 86-427, Laws of Florida.
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach; and,
WHEREAS, pursuant to the Delray Beach Enclave Act., the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act, with said referen-
dum held on November 4, 1986, in conjunction with a genera]
election for Palm Beach County, Florida; and,
WHEREAS, the referendum held on November 4, 1986, was
approved by a single majority vote of said qualified electors;
and,
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WHEREAS, the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act, which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with the Delray Beach
Enclave Act,
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NOW., THEREFORE, BE IT ORDA INED BY THE CITY COUNe IL OF
THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, That the City Council
Beach, Palm Beach County, Florida, hereby
the following described land located in
Florida. which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Be.!\ch County.
to-wit:
PARCET, "A"
The West 99,9 feet of the East 316,9 feet of
the North Half of the South Half of the North
Half of the Southwest Quarter of the South-
west Quarter of Section 4, Township 46 South,
Range 43 East; together with,
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The East 110 feet of the North Half of the
South Half of the Northeast Quarter of the
Southwest Quarter of the Southwest Quart.er of
Section 4, Township 46 South, Range 43 East;
together with,
The West 107 feet of the East 217 feet of the
North Half of the Sout.h Half of the Nort.heast
Quart.er of the Sout.hwest. Quarter of the
Southwest Quarter of Section 4, Township 46
Sout.h, Range 43 East; together with,
The East 195 feet of the West 350 feet of the
North Half of the South Half of the Northeast.
Quarter of the Southwest Quarter of the
Southwest Quarter, less the North 30 feet.
thereof, of Section 4, Township 46 South.
Range 43 East; together with,
The North 30 feet of the
West 350 feet of the
Northeast Quarter of the
the Southwest Quarter of
46 South, Range 43 East,
East 310 feet. of the
South Half of the
Southwest Quarter of
Section 4, Township
The subject property is generally located at
the northeast corner of the intersection of
Seacrest Boulevard and N,E. 22nd Street,
The above described parcel contains a 2,07
acre parcel of land, more or less,
P AR(;EL ..::.lL
The East 165 feet of the West 310 feet of the
South Half of the Southeast. Quarter of the
Northeast Quarter of the Southwest Quarter of
the Southwest Quarter, less the South 25 feet
thereof, of Section 4, Township 46 South,
Range 43 East; together with,
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The South Half of the Southeast
the Northeast Quarter of the
Quarter of the Southwest Quarter,
West 310 feet and the South 25 feet
of Section 4, Township 46 South,
East; together with,
Quarter o.f
Southwest
less the
thereof,
Range 43
The West 145 feet of t.he East Half of the
South Quarter of the Northeast Quarter of the
Southwest Quarter of the Southwest Quarter of
Section 4, Township 46 South, Range 43 East.
The subject property is generally located on
the north side of N,E, 22nd Street, approxi-
mately 310 feet east of Seacrest Boulevard,
The above described parcel contains a 1,25
acre parcel of land, more or less,
- 2 - Ord. No, 35-88
PARCEL "C"
The North 25 feet of the South 56 feet of the
East 115 feet of the West 155 feet of the
North Half of the South Half of the Northeast
Quarter of the Southwest Quarter of the
Southwest Quarter of Section 4, Township 46
South, Range 43 East,
The subject property is located on the east
side of Seacrest Boulevard, approximately 170
feet north of N.E. 22nd Street,
The above d~scribed parcel contains a 0,05
acre parcel of land, more or less.
~ That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tracts of land and said lands are hereby declared
to be within the corporate limits of the City of Delray Beach,
Florida.
aeutiQ~ That Section 30-23 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described as
Parcel "A" is hereby declared to be in Zoning District R-1AA
(Single Family Dwelling) as defined by existing ordinances of the
City of Delray Beach, Florida.
Section 4, That Section 30-23 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described as
Parcel "B" is hereby declared to be in Zoning District RL (Low to
Medium Density Dwelling) as defined by existing ordinances of the
Ci ty of Delray Beach, Florida,
Section 5, That Section 30-23 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described as
Parcel "C" is hereby declared to be in Zoning District NC (Neigh-
borhood Commercial) as defined by existing ordinances of the City
of Delray Beach, Florida,
Section 6, 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
1ft the City of Delray Beach,
Section 7~ 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,
Sec~~ That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed,
aection 9, That should any section or provision of
this ordinance or any portion thereof, any paragraph, sellt-ence,
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,
- 3 -
Ord. No, 35-88
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SA0.tion 10. That this ordinance shall become effective
immediately upon passage on second and f.inal reading,
PASSED AND ADOPTED in
final reading on this the
regular session on second and
day of -___._______ ______, 1988,
-__... .__n. _..._._....._...__._.____._.__.__._.___.___.______._
MAY 0 R
ATTEST:
city Clerk
First Reading
Second Reading
I I
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- 4 -
Ord. No. 35-88
.1
ORDINANCE NO. 35-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH A PARCEL OF LAND LYING
AND BEING IN SECTION 4, TOWNSHIP 46 SOUTH,
RANGE 43 EAST. DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA. WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID
LAND IS GENERALLY LOCATED AT THE NORTHEAST
CORNER OF THE INTERSECTION OF SEACREST
BOULEVARD AND N,E. 22ND STREET. AND ON THE
NORTH SIDE OF N.E. 22ND STREET, APPROXIMATELY
310 FEET EAST OF SEACREST BOULEVARD; REDEFIN-
ING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAm LAND: PROVIDING ,FOR THE
ZONING THEREOF TO R-1A (SINGLE FAMILY DWELL-
ING) DISTR ICT, IN PART, R- lA-C (S INGLE
FAMILY/DUPLEX DWELLING) DISTRICT, IN PART,
AND NC (NEIGHBORHOOD COMMERCIAL) DISTRICT, IN
PART; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Legislat.ure of the State of Florida passed
the Delray Beach Enclave Act., Chapter 86-427, Laws of Florida,
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach; and,
WHEREAS, pursuant to t.he Delray Beach Enclave Act, the
C:t'ty of Delray Beach called for a referendum of t,hose qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act, with said referen-
dum held on November 4, 1986, in conjuncti on wi t.h a general
election for Palm Beach County. Florida; and,
WHEREAS, the referendum held on November 4, 1986. was
approved by a single majorit.y vote of said qualified electors:
and,
WHEREAS, the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation' of
the Delray Beach' Enclave Act., which ident,ifies sixty-five (65)
enclaves eligible for annexation pursuant to t.he Act; and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with the Delray Beach
Enclave Act,
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS:
Section 1. That, the City Council
Beach. Palm Beach County, Florida, hereby
the following described land located in
Florida, which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
to-wit:
PARCEL "A"
The West 99.9 feet of the East 316.9 feet of
the North Half of the Southwest Quarter of
the Southwest Quarter of Section 4, Township
46 South, Range 43 East: together with,
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The East 110 feet of the North Half of the
Sout.h Half of t.he Nort.heast. Quart.er of t.he
Sout.hwest. Quart.er of t.he Sout.hwest. Quart.er of
Section 4, Township 46 Sout.h, Range 43 East.:
t.oget.her wi t.h.
The West. 107 feet of t.he East. 217 feet. of t.he
North Half of t.he Sout.h Half of t.he Nort.heast
Quarter of the Sout.hwest Quarter of the
Southwest Quarter of Section 4, Township 46
Sout.h, Range 43 East..
The subject property is generally locat.ed at
the nort.heast. corner of t.he int.ersect.ion of
Seacrest. Boulevard and N,E, 22nd St.reet.,
,The above described parcel c',nt.ains a 1. 23
acre parcel of land, more or less,
PARCEL _':B_~
The East. 165 feet of t.he West 310 feet of t.he
Sout.h Half of t.he Southeast. Quart.er of the
Northeast. Quarter of t.he Sout.hwest Quarter of
the Sout.hwest Quarter, less t.he Sout.h 25 feet.
thereof. of Section 4, Towns hip 46 Sout.h,
Range 43 East.: t.ogether wit.h.
The South Half of the Southeast.
the Northeast ~larter of the
,illa rt.er of t.hp Sout.hwest. Quarter,
West 310 fppt and the Sout.h 25 feet
of Section 4, Township 46 South.
East.; t.ogether with,
Quart,er of
Sout.hwes t
less the
t.hereof,
Range 43
The West 145 feet of t.he East Half of t.he
South Quart.er of the Nort.heast. Quart.er of t.he
Southwest. Quart.er of Sect.ion 4, Township 46
Sout.h, Range 43 East..
The subject propert.y is generally located at
t.he nort.heast. corner of the intersection of
Seacrest Boulevard and N,E. 22nd Street..
The above described parcel cont.aius 8. 1. 25
acre parcel of land. more or less,
PARCELL'::C
The East. 195 feet of thp West 350 feet. of t.he
North Half of the South Half of the Nort.heast
Quarter of t.he Sout.hwest Quarter of t.he
Southwest. Quarter, less t,he North 30 feet.
thereof, of Sect.lon 4, Township 46 Sout.h,
Range 43 East; togpther with,
The Nort.h 30 feet. of the
West 350 feet of the
Nort.heast Quarter of the
the SOllt.hwest Qllarter of
46 South. Range 43 East:
East 310 feet. of the
South Half of the
Sout.hwest. Quart.er of
Section 4, Township
t.oget,her with,
- 2 -
Ord. No. 35-88
The North 25 feet of the South 56 feet of the
East 115 feet of the West 155 feet of the
North Half of t.he South Half of t.he Nort.heast.
Quarter of the Southwest Quarter of the
Southwest Quarter of Section 4. Township 46
South. Range 43 East.
The subject property is generally located on
the north side of N.E. 22nd Street. approxi-
mately 310 feet east of Seacrest Boulevard.
The above described parcel contains a 0.89
acre parcel of land, more or less.
Secti on 2. That the boundaries of the City of Delray
Beach, Florida. are hereby redefined to include therein the
above-described tracts of land and said la~ds are hereby declared
to be within the corporate limits of the Cit.y of Delray Beach,
Florida,
~..c.:tJ.QrL:L_ That Section 30-23 of the Zoning Code has
been followed in the est.3blishment of a zoning classification in
this ordinance and t.he tract. of land hereinabove described as
Parcel "A" is hereby declared to be in Zoning District R-1A
(Single Family Dwelling) as defined by existing ordinances of the
City of Delray Beach. Florida.
Secti=---A.~ That Section 30-2.3 of t.he Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described as
Parcel "B" is hereby declared to be in Zoning District R-1A-C
(Single Family/Duplex Dwelling) as defined by existing ordinances
of the City of Delray Beach. Florida.
Section 5. That Section 30-23 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and t.he t.ract of land hereinabove described as
Parcel "C" is hereby declared to be in Zoning District NC (Neigh-
borhood Commercial) as defined by existing ordinances of the City
of Delray Beach, Florida.
Section 6. That the land hp.reinabove described shali
immediately become subject to all of t.he franchises, privileges,
immunities, debts, obligations. liabilities. ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
Section 7. That this annexation of the subject proper-
ty, including adjacent roads. alleys. or the like, if any, shall
not be deemed acceptance by the Cit.y of any maint.enance responsi-
bility for such roads, alleys. or the like. unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section L That all ordinan8es or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 9. 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 affe8t the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
- 3 -
Ord. No, 35-88
Sentlan 10 That this ordinance shall benome effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on t,his the ''___ day of __ ,,_ _ ____________ 1988,
--~----- "---._---- ------ ----
MAY () R
ATTEST:
City Clerk
- - ..__..~----,---
First Reading ______._._~___
Second Reading _'________~__
- 4 -
Ord. No. 35-88
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.1
ORDINANCE NO. 36-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH. FLORIDA. ANNEXING TO THE
CITY OF DELRAY BEACH LOT 47, LESS THE SOUTH
30 FEET ROAD RIGHT-OF-WAY. SANDS O'SEA
SUBDIVISION. ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 21, PAGE 27, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED ON THE NORTH SIDE OF LINTON
BOULEVARD. APPROXIMATELY 100 FEET EAST OF
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 CF
(COMMUNITY FAGILITIES) DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLADSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS. the Legislature of the State of Florida passed
the Delray Beach Enclave Act, Chapter 86-427. Laws of Florida,
providing for the annexation of enclave5 within the general
boundaries of the City of Delray Beach; and.
WHEREAS. pur5uant to the Delray Beach Enclave Act. the
Cit.y of Delray BeacY, called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject t.o .3nnexat.ion under t.he Act.. wi t.h said referen-
dum held on November 4. 1986, in conjunction with a general
election for Palm Beach County. Florida; and.
WHEREAS, the referendum held on November 4, 1986, was
approved by a single majority vote of said qualified electors;
and,
WHEREAS, the City of Delray Beach ha5 prepared an
Enclave Report out.Uning the City-s plan for implementation of
the Delray Beach Enclave Act" which ident.ifies sixt.y-five (65)
enclaves eligible for annexation pursuant to the Act; and,
WHEREAS. the City of
authorized to annex lands in
Enclave Act,
Delray Beach has heretofore been
accordance with the De1ray Beach
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH. FLORIDA, AS FOLLOWS:
S&.c.:!'"iQn,..L_ That t.he Ci t.y Couo",i 1
Beach. Palm Beach Count.y. Florida. hereby
the following described land located in
Florida. which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County.
to-wit:
Lot. 47, less
right-of-way.
according t.o
Plat Book 21,
of Palm Beach
the Sout.h 30 feet. road
SANDS O'SEA SUBDIVISION.
the Plat thereof recorded in
Page 27. of t.he Publ ic Re",ords
County, Florida.
The subject property is located on the north
side of Linton Boulevard. approximately 100
feet east of Germantown Road.
The above dee,cribed parcel ",ont.ains a 0.23
acre parcel of land, more or less.
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Seot.i 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.
~tion 3.. That, Sect,ion 30-23 of t.he Zoning Code has
been followed in the establishment of a zoning classification ir
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District CF (Community
Facilities) as defined by existing ordinances of the City of
Delray Beach, Florida,
Sect.ion 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 DelrayBeach,
S"c.tiQrL5.". That this "nnexat,ion of t,he E',ub.iect. proper-
ty, including adjacent, roads, alleyE',. or th" like, if any, shall
not be deemed accept,ance by t,he 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.
5.e.()t.i!lJL.JL Th"t, al] orcl inan()E"s or part.s of ordinances
in conflict herewith be. and the same are hereby repealed.
::;,,()t.ion 7~_ That should any section or provision of
this ordinance or any portion thereof, any paragr"ph. SE"ntence,
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 ot.her than the part
declared to be invalid.
Section 8. That t,his ordinance shall hecome effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on this the
regular session on second and
day of _~__~~__, 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading _____
Second Reading _____________
- 2 -
Ord. No. 36-88
.J
ORDINANCE NO. 37-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH. FLORIDA. ANNEXING TO THE
CITY OF DELRAY BEACH LOT 3. BLOCK 4, AMENDED
PLAT OF LAKE IDA GARDENS. ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE
192, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA. WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID
LAND IS LOCATED AT THE SOUTHEAST CORNER OF
DENVER DRIVE (N.W. 11TH STREET) AND N.W, 5TH
AVENUE; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO R-1AA
(SINGLE FAMILY, DWELLING) DISTRICT; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida passed
the Delray Beach Enclave Act, Chapter 86-427, Laws of Florida,
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach; and,
WHEREAS, pursuant t,o t,he Delray Beach Enclave Act, the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act, with said referen-
dum held on November 4. 1986. in conjunct.ion with a general
election for Palm Beach County. Florida; and.
WHEREAS. the referendum held on November 4. 1986. was
approved by a single majority vote of said qualified electors;
and,
WHEREAS, the City of Delray Beach has prepared an
Enclave Report outlining thA City's plan for implementation of
the Delray Beach Enclave Act. which ident,ifies sixt.y-five (65)
enclaves eligible for annexation pursuant to the Act; and,
WHEREAS, the City of
authorized to annex. lands in
Enclave Act,
Delray Beach has heret.ofore
accordance with the Delray
been
Beach
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS:
:',Act..LQ~~ That thA Cit.y Council
Beach, Palm Beach County. Florida, hereby
the following described land located in
Florida. which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County.
t.o-wi t.:
[,ot :,\, Block 4. AMENDED PLAT OF LAKE IDA
GARDENS. according to the Plat thereof
recorded in Plat Book 23. Page 192. of the
Public Records of Palm Beach County, Florida.
The subject property is located at the
southeast corner of Denver Drive (N.W. 11th
Street) and N.W. 5th Avenue.
The above described parcel contains a 0,34
acre parcel of land. more or less.
1'1
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Section 2, That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach.
Florida.
Section 3. That Section 30-23 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning Dist.rict R-IAA (Single Family
Dwelling) as defined by existing ordinances of the City of Delray
Beach, Florida.
Section 4. That. t,he Illnd hereinabove described shall
immediately become subject t.o all of the franchises, privileges,
immunities, debts, obligations, 1 ia hi 1 i t.iFls. ordinances and laws
to which lands in the City of DelrllY Reach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach,
~tion 5. That this annexation of the subject proper-
ty. including adjacent roads, alleys. or the like, if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys, or the like. unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
~ti6n 6. That all ordinance~ or parts of ordinances
in conflict herewith be. and the same are hereby repealed.
Section 7, That should any section or provision of
this ordinance or any portion thereof. any paragraph, sentence,
or word be declared by a Court. of compet.ent. jurisdiction to be
invalid. such decision shall not affect. the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 8. That this ordinance shall become effective
immediately upon passage on second and finlll reading.
on second and
. 1988.
PASSED AND ADOPTED in
final reading on this the
regular
day of
session
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 -
Ord. No. 37-88
.\
ORDINANCE NO, 38-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH THE EASTERLY 110 FEET OF
THE WESTERLY 220 FEET OF THE NORTHWEST
QUARTER OF LOT 3. LYING SOUTH OF N,W. 9TH
STREET, WITHIN SECTION 8, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID
LAND IS LOCATED ON THE SOUTH SIDE OF LAKE
SHORE DRIVE (N.W. 9TH STREET), APPROXIMATELY
100 FEET EAST OF N.W. 8TH AVENUE; REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR THE
ZONING THEREOF TO R-1AA (SINGLE FAMILY
DWELLING) DISTRICT; PROVIDIN0 A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
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,.
WHEREAS, the Legislature of the State of Florida passed
the Delray Beach Enclave Act, Chapt.er 86-427, Laws of Florida.
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach; and,
r
WHEREAS, pursuant to the Delray Beach Enclave Act, the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject t.o annexation under t.he Act, with said referen-
dum held on November 4, 1986, in conjunction with a general
election for Palm Beach County, Florida; and,
WHEREAS, the referendum held on November 4, 1986, was
approved by a single majority vote of said qualified electors;
and,
WHEREAS, t.he City of Delray Beach has prepared an
Enclave Report out.lining the City's plan for implementation of
the Delray Beach Enclave Act, which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; and.
WHEREAS, the City of
authorized to annex lands in
Enclave Act,
Delray Beach has heretofore
accordance with the Delray
been
Beaph
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Council
Beach. Palm Beach County, Florida, hereby
the following described land located in
Florida, which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
to-wit:
The Easterly 110 feet of the Westerly 220
feet of the Northwest Quarter of Lot 3, lying
south of N,W. 9th Street, within Section 8,
Township 46 South, Range 43 East, Delray
Beach, Palm Beach County, Florida.
The subject property is located
side of Lake Shore Drive (N,W.
approximately 100 feet east
Avenue,
on the south
9th Street),
of N,W, 8th
The above described parcel contains a 0.33
acre parcel of land. more or less.
~o
.J
Section 2, That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach,
Florida.
Section 3. That Section 30-23 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District R-1AA (Single Family
Dwelling) as defined by existing ordinances of the City of Delray
Beach, Florida, .
Section 4. That the land hereinabove described shall
immediately become subject to all of the franchises. privileges,
immunities, debts, obligations. liabilit.ies, ordinances and laws
to which lands in the City of Delray Beach are now or may be
subject.ed and persons residing thereon shall be deemed citizens
of the City o~ Delray Beach.
Se~tion 5~ That t,his annexat.ion of t.he subject. proper-
t.y, including adjacent. roads. alleys. or t.he like, if any, shall
not. be deemed accept.ance by t.he Cit.y of any maintenance responsi-
bilit.y for such roads, alleys, or t.he like. unless otherwise
specifically init.iated by t.he Cit.y pursuant to current. require-
ments and condit.ions.
Sect.ion 6., That all ordinances or part.s of ordinances
in conflict herewit.h be, and the same are hereby repealed,
Sect.ion 7. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court, of competent jurisdict.ion to be
invalid, such decision shall not. affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 8, That t.his ordinance shall become effect.ive
immediately upon passage on second and final reading,
PASSED AND ADOPTED in
final reading on this the
regular session
d.:>y' of
on second and
, 1988,
MAY 0 R
".-.- ----------.--
ATTEST:
City Clerk
First Reading
Second Reading
- 2 -
Ord. No. 38-88
.1
ORDINANCE NO. 39-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH. FLORIDA. ANNEXING TO THE
CITY OF DELRAY BEACH THE WESTERLY 110 FEET OF
THE NORTH HALF OF THE WESTERLY HALF OF THE
SOUTHWEST QUARTER OF LOT 3. LYING WITHIN
SECTION 8, TOWNSHIP 46 SOUTH. RANGE 43 EAST,
WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED AT THE NORTHEAST CORNER OF THE
INTERSECTION OF N.W. 8TH AVENUE AND N,W, 7TH
STREET; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO R-1AA
(SINGLE FAMILY DWELLING) DISTRICT; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE,
WHEREAS. the Legislature of the State of Florida passed
the Delray Beach Enclave Act. Chapter 86-427, Laws of Florida.
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach; and,
WHEREAS. pursuant to the Delray Beach Enclave Act, t.he
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act, with said referen-
dum held on November 4, 1986. in conjunction with a general
election for Palm Beach County. Florida; and,
WHEREAS, the referendum held on November 4. 1986, was
approved by a single majority vote of said qualified electors;
and,
WHEREAS, the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act. which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; and.
WHEREAS, the City of
authorized to annex lands in
Enclave Act,
Delray Beach has heretofore
accordance with the Delray
been
Beach
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Se~tion 1. That the City Council
Beach. Palm Beach County, Florida. hereby
the following described land located in
Florida, which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
to-wi t.:
The Westerly 110 feet of the North Half of
the Westerly Half of the Southwest Quarter of
Lot 3. lying within Section 8. Township 46
South, Range 43 East, Delray Beach, Palm
Beach County, Florida.
The subject property
northeast corner of the
8th Avenue and N.W. 7th
is located
int.ersection
Street..
at
of
the
N. W.
The above described parcel contains a 0.34
acre parcel of land. more or less.
p(/
j
Section 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach,
Florida,
Section 3~ That Section 30-23 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District R-1AA (Single Family
Dwelling) as defined by eXisting ordinances of the City of Delray
Beach, Florida,
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 3each are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
Section S. 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.
r
SectionJi~ That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 7. That should any section. or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent Jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 8.. That this ordinance sha 11 become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on th's the
regular sessie'n
day of ___.
on second and
, 1988.
MAY 0 R
ATTEST:
City Clerk
First. Reading
Second Reading
- 2 -
Ord, No. 39-88
.J
,
ORDINANCE NO. 40-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH. FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH A PARCEL OF LAND LYING
AND BEING IN SECTION 8. TOWNSHIP 46 SOUTH,
RANGE 43 EAST. WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID
LAND IS LOCATED BETWEEN LAKE SHORE DRIVE
(N,W, 9TH STREET) AND N.W. 7TH STREET,
APPROXIMATELY 100 FEET WEST OF N.W. 6TH
AVENUE; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO R-1AA
(SINGLE FAMILY DWELLING) DISTRICT; PROVIDING
A.GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE'DATE.
WHEREAS. the Legislature of the State of Florida passed
the Delray Beach Enclave Act. Chapter 86-427, Laws of Florida,
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach; and.
WHEREAS. pursuant t.o the Delray Beach Enclave Act, the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexat.ion under the Act., with said referen-
dum held on' November 4, 1986, in conjunction with a genera I
election for Palm Beach County, Florida; and.
WHEREAS, the referendum held on November 4. 1986, was
approved by a single majority vote of said qualified electors;
and.
WHEREAS, the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act., which identif ies s ixty-fi ve. (65)
enclaves eligible for annexation pursuant to the Act; and,
WHEREAS, the City of
authorized to annex lands in
Enclave Act,
Delray Beach has heretofore
accordance with the Delray
been
Beach
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, That the City Council
Beach, Palm Beach County, Florida, hereby
the following described land located in
Florida. which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
to-wit:
The Easterly 100 feet of the Westerly 540
feet of the Northwest Quarter of Lot 3. lying
south of N.W. 9th Street. within Section 8,
Township 46 South, Range 43 East. Delray
Beach. Palm Beach Count.y, Florida; together
with,
The East 80 feet of the West 164 feet of the
North 135 feet of the East Half of the
Southwest Quarter of Lot 3, lying within
Section 8. Township 46 South, Range 43 East,
Delray Beach. Palm Beach County, Florida.
ti?~
.J
The subject property is located
Shore Drive (N.W. 9th Street)
Street, approximately 100 feet
6th Avenue.
between
and N. W.
west of
Lake
7th
N. W.
The above described parcel contains a 0.64
acre parcel of land, more or less.
Section 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach,
Florida. .
r
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 tract of land hereinabove described is
hereby declared to be in Zoning District R-1AA (Single Family
Dwelling) as defined by existing ordinances of the City of Delray
Beach, Florida.
~Q.tion 4. That the land hereinabove described shall
immediately become subject to all of t.he franchises, privileges,
immunities, debts. obligations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons reSiding thereon shall be deemed citizens
of the City of Delray Beach.
r
SectiQJ:L-,'2.~ That this annexation of the suhject. proper-
ty, inclUding adjacent roads. alleys. or the like. if any. shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads. alleys, or the like, unless otherwise
speCifically initiated by the City pursuant to current require-
ments and conditions.
Section 6. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 7. That should any section or provision of
this ordinance or any portion thereof. any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid,
Section 8. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on this the
regular session
day of
on second and
. 1988.
MAY 0 R
ATTEST;
City Clerk
First Reading
Second Reading
- 2 -
Ord. No. 40-88
1
.1
ORDINANCE NO. 41-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH LOTS 1. 2. 4. 7, 13. 14,
18, 19. 20, 23, 24. 25. LAKE IDA MANOR.
ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 23. PAGE 138. OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY. FLORIDA. WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY: SAID LAND IS GENERALLY LOCATED
EAST OF N.W. 6TH AVENUE, WEST OF N.W. 4TH
AVENUE, SOUTH OF N.W. 9TH STREET. AND NORTH
OF GARDENIA TERRACE EAST: REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND:
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND: PROVIDING FOR THE :JNING THEREOF
TO R-1AA (SINGLE FAMILY DWELL,~NG) DISTRICT:
PROVIDING A GENERAL REPEALER CLAUSE:
PROVIDING A SAVING CLAUSE: PROVIDING AN
EFFECTIVE DATE.
WHEREAS. the Legislature of the State of Florida passed
the Delray Beach Enclave Act, Chapter 86-427, Laws of Florida,
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach: and,
WHEREAS. pursuant. to t,he Del ray Beach Enclave Act. t.he
City of Delray Beach called for a referendum of those Qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act. with said referen-
dum held on November 4. 1986. in conjunction with a general
election for Palm Beach County, Florida: and,
WHEREAB, the referendum held on NovE<mber 4,
approved by a single majority vote of said qualified
and,
1986. was
electors;
WHEREAS, the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act" which ident.ifies sixt,y-five (65)
enclaves eligible for annexation pursuant to the Act: and,
WHEREAS. ti~ City of
authorized to annex lands in
Enclave Act,
Delray Beach has heretofore been
accordance with the Delray Beach
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA. AB FOLLOWS;
~ction L_ That the Cit.y Council
Beach, Palm Beach County, Florida. hereby
the following described land located in
Florida, which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
to-wi t.:
Lots 1, 2, 4, 7, 13. 14. 18. 19. 21.1. 23,
24 and 25, LAKE IDA MANOR. according to
Plat thereof recorded in Plat Book 23,
138, of the Public Records of Palm
County, Florida.
23.
the
Page
Beach
The subject property is
east of N.W. 6th AvenUE<.
Avenue, south of N.W. 9th
of Gardenia TerraCE< East.
gE<nerally located
west, of N, W. 4th
Street, and north
The above described parcel cont.ains a 3.08
acre parcel of land, more or less.
;<3
.J
Section 2 That the boundaries of the City of Delray
Beach. Florida, are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach,
Florida.
~i.QrL.3.,. That. Sect,ion 30-2:1 of t,he Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District R-1AA (Single Family
Dwelling) as defined by existing ordinances of the City of Delray
Beach. Florida,
Sect.iQJLA_c_ That. t.he land hereinabove described shall
immediately become subject. t,o all of the franchises, privileges,
immunities, debts. obligations, liabilities. ordinances and laws
to which lands in t.he City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
Sf"(".t.iQ1L.f~._ That, t,his annexat.ion c,f the subject proper-
ty. including adjacf"nt. roads. alleys. or t.he like. if any, shall
not be deemed accept.ance by the Ci ty of any maintenance res pons i-
bility for such roads. alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
~Qt.i.QILfL._ That a 11 ordinances or parts of ordinances
in conflict. here"'i t,h be. and t,he same are hereby repealed,
~t.inn.._L._ That, should any section or provision of
this ordinance or any portion thereof, any paragraph. sentence,
or word be declared by a Court of comp",t,ent. jurisdict,ion to be
invalid, such decision shall not affect. the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section_B.c That, this ordinanc", shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on thIS the ___
r~gula.r se!::E:ion
day. of _._
on second and
__' 1988:
M 1\ Y 0 R
ATTEST:
City Clerk
First Reading ~________.___
Second Reading
- 2 -
Ord. No. 41-88
.J
ORDINANCE NO. 42-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH. FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH A PARCEL OF LAND LYING
AND BEING IN SECTION 8. TOWNSHIP 46 SOUTH.
RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY: SAID
LAND IS LOCATED BETWEEN N.W. 7TH STREET AND
GARDENIA TERRACE EAST. APPROXIMATELY 200 FEET
EAST OF N.W. 8TH AVENUE: REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND:
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND: PROVIDING FOR THE ZONING THEREOF
TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT:
PROVIDING A GENERAL REPEALER CLAUSE:
PROVIDING A SAVING CLAUSE: PROVIDING AN
E:FFECTIVE DATE. .
WHEREAS. the Legislature of the State of Florida passed
the Delray Beach Enclave Act. Chapter 86-427. Laws of Florida,
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach: and.
WHEREAS. pursuant. t,o t.h.. DAlray Beach Enclave Act. the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act. with sairl referen-
dum held on November 4, 1986. in conjunction wi t.h a general
election for Palm Beach County. Florida: and,
WHEREAS, the referendum held on November 4. 1986. was
approved by a single majority vote of said qualified electors:
and,
WHEREASl the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act, which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act: and,
WHEREAS, the City of
authorized to annex lands in
Enclave Act,
Delray Beach has heretofore been
accordance with the Delray Beach
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS:
Section 1, That the City Council
Beach, Palm Beach County, Florida, hereby
the following described land located in
Florida. which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
to-wit:
The South 148.73 fee~ of the East Half of the
Southwest Quarter of Lot 3. less the East 190
feet thereof. lying within Section 8.
Township 46 South. Range 43 East. Delray
Beach. Palm Beach County. Florida: together
with.
The East 110 fAet of the South Half of the
West Half of the Southwest Quarter of Lot 3,
lying within Section 8, Township 46 South,
Range 43 East. Delray Beach, Palm Beach
County. Florida.
~f
j
The subject property is located between N.W.
7th Street and Gardenia Terrace East.
approximately 200 feet east of N.W. 8th
Avenue.
The above descrihAd parcel
acre parcel of land. mor", or
cont,ain~: F:l.
lp.s~, .
1. 08
SAct,jo_U..2_,. Th;;;t. t.he houndarie!'\ of the City of Delray
Beach, Florida. are her",by redefinAd t,o includA t,hArein thA
above-described tract of land and said land is hereby dAclared to
be within the corporate limits of the City of Delray Beach.
Florida.
SAG.:tiQTl_;:L_ That, 13Action 30-23 of t.he Zoning Code has
been followed in the establishm",nt of a zoning classification in
this ordinance and the t.ract, of land hereinabove described is
hereby declared to be in Zoning District' R-1AA (Single Family
Dwelling) as defined by existing ordinances of the City of Delray
Beach, Florida. .
SectiDJL.,L That, t,hA land hereinabove described shall
immediately become subject to all of the franchises, privil",ges.
immunities. debts. obligations. liabilities, ordinances and laws
to which lands in t.he City of DAlray Beach are now or may be
subjected and per,,'ons rep,iding t,hereon shall be deemed cItizens
of the CIty of Delray Beach.
3.""'ct..i<::>JL..f).~ Thl'lt thi,,' annexat.Ion of t.he !'\ub,iect proper-
ty. including adjacent rOl'lds. alleys. or the like. if any. shall
not be deemed acceptance by the CIty of any maint.enance res pons i-
bility for such roads, alleys. or the like. unless otherwise
specifically initiated by the CIty pursuant to current require-
ments and condItions.
Sect,inn 6~ That. all ordinances or parts of ordInances
in conflict herewith be, and the same are hereby repealed.
Section 7. That should any section or provIsIon of
this ordinance or any portion thereof. any paragraph. sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or par.t thereof other than the part
declared to be invalid. .
Sect,ion__EL That. this ordinance shall becomA effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on thIs the
regular session on second and
day of ____________ 1988.
MAY 0 R
ATTEST;
City Clerk
First Reading ___
Second Read ing _______ ____
- 2 -
Ord. No. 42-88
.1
ORDINANCE NO. 43-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH A PARCEL OF LAND LYING
AND BEING IN SECTION 8, TOWNSHIP 46 SOUTH.
RANGE 43 EAST, TOGETHER WITH LOTS 26. 27 AND
28. LAKE IDA MANOR. ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 23, PAGE 138,
OF THE PUBLIC RECORDS OF PALM BEACH COTlNTY.
FLORIDA, WHICH LAND IS CONTIG[JO[JS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY: SAID LAND IS
LOCATED WEST OF N. W. fiTH AVEN[JE TO
APPROXIMATELY lfio FEET WEST OF N.W. 6TH
AVENUE. BETWEEN N.W. 7TH STREET AND GARDENIA
TERRACE EAST: REDEFINING THE BrWNDARIES OF
.SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR
THE RI~HTS AND OBLIGATIONS OF ~ArD LAND:
PROVItlING FOR THE ZONING THEREOF TO R-IAA
(SINGLE FAMILY DWELLING) DISTRICT: PROVIDING
A GENERAL REPEALER CLAUSE: PROVIDING A SAVING
CLAUSE: PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida passed
the Delray Beach Enclave Act, ChaPter 86-427, Laws of Florida.
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach: and,
WHEREAS, pursuant to the Delray Beach Enclave A0t, the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act. with said referen-
dum held on November 4. 1986, in conjunction with a general
election for Palm Beach Countv. Florida: and.
WHEREAS. the referendum held on November 4, 1986, was
approved by a single. ma.torit.y vote of said qlJidified elect.ors:
and.
WHEREAS. the City of De]ray Rea~h has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act, which identifies sixty-five 16E,)
enclaves eligible for'annexat,ion pursu'ant t,o trle Act; and,
WHEREAS, the City of
authorized to annex lands in
Enclave Act.
Delray Beach has heretofore
accordance wi t.h the Delray
been
Beach
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO[JNCIL OF
THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS:
Se0tion 1, That the City Council
Beach. Palm Beach County, Flor.ida, hereby
the following described land located in
Florida. which lies contiguous to said Citv
of the City of Delray
",nnexes t,o said City
Palm Beach County,
t.o-wi t.:
The East 90 feet of the South 148.73 feet of
the East Half of the Southwest Guarter of Lot
3, lying within Section 8. Township 46 South,
Range 43 East, Delray Beach. Palm Beach
County. Florida: together with.
Lots 26. 27 and 28, LAKE IDA MANOR, according
to the Plat thereof recorded in Plat Book 23,
Page 138, of the Public Records of P",lm Beach
County, Florida.
~..s-
'j
The subject property is located west of NW.
5th Avenue to approximately 150 feet west of
N. W. 6t.h Avenue. between N. W. 7th Street. and
Gardenia Terrace East.
The above described parcel cont,ains a 1.27
acre parcel of land. more or less.
Se~tion 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.
sp~:t.trm_3~~ That Sect.ion 3n-,~3 of t.he Znni ng Code has
been followed in t.he est.abl ishment. of a zoning classi.fic...t.ion in
this ordinance and the tr...ct of land hereinabove described is
hereby declared to be in Zoning Dist.rl'.t. R-1AA (:~ingle Family
Dwelling) as defined by existing ordinances of the City of Delray
Beach, Florida.
f,~~j:jQn.4. That t.he land hereinabove described shall
immediately become subject to ...11 of the franchises, privileges.
immunities. debts, obligations, liabilities, ordinances and laws
to which lands in t.he Cit.y of Delray Beach are now or may be
subject.ed ...nd person~. residing thereon shall be deemed citizens
of the City of Delray Beach.
SA~t.lon li.~ That. thl.s 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 maintAnance responsi-
bility for such roads, alley~., or the like. IlnIess ot.herwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Se~.t.i.9.n~JL That. a II ord i nancefl or pArt.s of ordinances
in conf 1 ict herewi tr, be, and the same are here by repe.a led.
~<:.:t.i.Qp_'L That fI hOlll d any fleet. i on or provis ion 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 ot.her. t.han the part
declared to be invalid.
SectiOlL.B-... That t.tli.o. ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on t.hie. the __~__.
regular session on second and
day of __... ____..__.._, 1988.
MAY 0 R
ATTEST:
----- ---________ _____ --._-0 _ ____"__ _._.
Cit.y Clerk
First Reading
Second Reading
- 2 -
Ord. No. 43-88
ORDINANCE NO. 44-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH THE NORTH 25 FEET OF LOT
16 AND ALL OF LOTS 17 AND 18. BLOCK 4, SOPHIA
FREY SUBDIVISION, ADDITION TO DELRAY,
ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 4. PAGE 37, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY. FLORIDA. WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; SAID LAND IS LOCATED ON THE WEST
SIDE OF N.E. 9TH AVENUE. APPROXIMATELY 360
FEET NORTH OF' N.E. 8TH STREET; 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 RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT:
PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida passed
the Delray Beach Enclave Act. Chapter 86-427, (Jaws of Florida.
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach; and.
WHEREAS, pursuant to the Delray Beach Enclave Act. the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act, with said referen-
dum held on November 4. 1986. in conjunction with a general
election for Palm Beach County. Florida; and,
WHEREAS, the referendum held on November 4. 1986. was
approved by a single majority vote of said qualified electors;
and.
WHEREAS, the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act. which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; and,
WHEREAS. the City of Delray Beach has heretofore been
authorized to annex lands in accordance with the Delray Beach
Enclave Act,
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS:
t t
Sectjo~ That the City Council
Beach. Palm Beach County, Florida, hereby
the following described land located in
Florida, which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
to-wit:
The North 25 feet of Lot 16 and all of Lots
17 and 18. Block 4, SOPHIA FREY SUBDIVISION,
ADDITION TO DELRAY, according to the Plat
thereof recorded in Plat Book 4. Page 37. of
the Public Records of Palm Beach County,
Florida,
The subject property is located on the west
side of N,E. 9th Avenue. approximately 360
feet north of N.E. 8th Street.
The above described parcel contains a 0.34
acre parcel of land. more or less.
Po
.-':
Sentinn ?. 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 tract of land hereinabove described is
hereby declared to be in Zoning District RM-10 (Multiple Family
Dwelling) as defined by eXisting ordinances of the City nf Delray
Beach. Florida.
s.e.Q.t.i.9.1L.4... That the land hereinabove descrihed 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.
SectjoTl.~~ 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 res pons i-.
bility for such roads, alleys, or the like. unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
~~~ That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Sectinn 7, That should any section or provision of
this ordinance or any portion thereof. any Paragrll.ph. sentence.
or word be declared by a Court of Competent jurisdicti.on 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.
Sectinn 8. That this ordinance shall become effective
immediately upon passage on second and final reading,
PASSED AND ADOPTED in regular session on second and
final reading on this the '__ day of _.__.....____............., 1988..
.---._...__._m__..__...._..______._.__________ ...... '_"u.__.__.._..__._..
MAY 0 R
ATTEST:
t t
--------~_._._.._-_.__.-.._--._--_.__.._..-.
City Clerk
First Reading ____._.___....
Second Reading .
- 2 -
Ord. No. 44-88
ORDINANCE NO. 44-8R
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH THE NORTH 25 FEET OF LOT
16 AND ALL OF LOTS 17 AND 18. BLOCK 4, SOPHIA
FREY SUBDIVISION. ADDITION TO DELRAY,
ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 4. PAGE 37. OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA. WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; SAID LAND IS LOCATED ON THE WEST
SIDE OF N.E. 9TH AVENUE, APPROXIMATELY 360
FEET NORTH OF N.E. 8TH STREET; 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 RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING
(DISTRICT); PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida passed
the Delray Beach Enclave Act, Chapter 86-427. Laws of Florida.
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach: and.
WHEREAS. pursuant to the Delray Beach Enclave Act. the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act. with said referen-
dum held on November 4, 1986. in conjunction with a general
election for Palm Beach County, Florida; and,
WHEREAS, the referendum held on November 4, 1986. was
approved by a single majority vote of said qualified electors:
and.
WHEREAS. the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act, which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with the Delr8Y Beach
Enclave Act.
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Sectjon_t~ That the City Council
Beach. Palm Beach County. Florida, hereby
the following described land located in
Florida. which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
to-wit:
The North 25 feet of Lot 16 and all of Lots
17 and 18, Block 4. SOPHIA FREY SUBDIVISION.
ADDITION TO DELRAY, according to the Plat
thereof recorded in Plat Book 4, Page 37. of
the Public Records of Palm Beach County,
Florida.
The subject property is located on the west
side of N.E. 9th Avenue, approximately 360
feet north of N.E. 8th Street.
The above described parcel contains a 0,34
acre parcel of land. more or less.
~~
Section 2 That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach.
Florida.
~ection 3. That Section 30-23 of the Zoning Code has
be~n followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District 8M (Medium to Medium
High Density Dwelling) as defined by existing ordinances of the
City of Delray Beach. Florida.
5.e.ct.imL.'L_ That the land hereinabove deE.cribed 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.
~tion 5. That this annexation of the subject proper-
ty, including adjacent roads, alleys. or the like. if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys. or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 6. That all ordinances or parts of ordinances
in oonflict herewith be. and the same are hereby repealed.
SectJon 7. That should any section or provision of
this ordinance or any portion thereof. any paragraph. sentence.
or word be declared by a Court of competent jurisdiction to be
invalid, such decis ion s hall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section B. 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,
'.'_h'_ ."____"._ .. ..... ._~. ._ __.. ___ ._________..._.____. ...__._._
MAY () R
ATTEST:
,
---..---.--------------------.
City Clerk
First Reading ..
:3econd Reading
.. 2 ..
Orc!. No. 44-88
.-'.
ORDINANCE NO. 45-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH. FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH THE NORTH HALF OF LOT 13
AND ALL OF LOT 14, TOGETHER WITH LOTS 3, 4
AND 5 (LESS THE WESTERLY 20 FEET THEREOF),
BLOCK 4. SOPHIA FREY SUBDIVISION, ADDITION TO
DELRAY, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 4. PAGE 37. OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED BETWEEN N.E. 8TH AVENUE AND N.E. 9TH
AVENUE, APPROXIMATELY 130 FEET NORTH OF N.E.
8TH STREET; 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 RM-10
(MULTIPLE FAMILY DWELLING) DISTRICT:
PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida passed
the Delray Beach Enclave Act, Chapter 86-427. Laws of Florida,
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beaoh; and,
WHEREAS, pursuant to t.he Del.ray Reach Enclave Act, the
City of Delray Beach called for a referendum of those qualified
electors within the City of Del.ray Beach and the enclaves that.
would be subject to annexation under the Act, with said referen-
dum held on November 4, 1986. in conjunction with a general.
election for Palm Beach County, Florida: and,
WHEREAS. the referendum held on November 4, 1986. was
approved by a single majority vote of said qualified electors:
and.
WHEREAS, the Ci t.y of Delray Beach has prepared an
Enclave Report outlining the Cj.ty'S plan for implement.ation of
the Delray Beach Enclave Act, which identifies sixty-five (65)
enclaves eligIble for annexation pursl~ant to the Act: and.
i
,
i
,
I
!
j
! !
!
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in acoordance with the Delray Beach
Enclave Act,
I I NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAYBEACH. FLORIDA, AS FOLLOWS:
SectiQ1L~ That the City Council
Beach, Palm Beach County, Florida, hereby
the following described land located in
Florida, which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County.
to-wi t.:
The North Half of Lot 13 and all of Lot 14,
Block 4, SOPHIA FREY SUBDIVISION. ADDITION TO
DELRAY, according to the Plat thereof
recorded in Plat Book 4, Page 37, of the
Public Records of Palm Beach County, Florida;
together with,
1--1
Lots 3, 4 and 5 (less the Westerly 20 feet
thereof), Block 4, SOPHIA FREY SUBDIVISION.
ADDITION TO DELRAY, according to the Plat
thereof recorded in Plat Book 4, Page 37. of
the Public Records of Palm Beach County.
Florida.
The subject property is located between N. E.
8th Avenue and N.E. 9th Avenue, approximately
130 feet north of N.E. 8th Street,
The above described parcel contains a 0.67
acre parcel of land, more or less.
Sect! olL.2...... That the boundaries of the Ci. ty of De lray
Beach, Florida, are hereby redefined to include t.herein 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 tract of land hereinabove described is
hereby declared to be in Zoning District RM-10 (Multiple Family
Dwelling) as defined by existing ordinances of the City of Delray
Beach, Florida.
Section 4. That the land hereinabove described e.hall
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.
Z..e.Q.t.i.o..rL.Q... That this annexation of the sub.iect proper-
ty, including adjacent roads, alleYfI, or the like, if any. shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 6. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 7. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of Competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
1etlared to be invalid.
Sectj0~ That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session
final reading on this the ______ day of _______..
on second 'and
, 1988.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
. 2 .
Ord. No. 45-88
,
.J
ORDINANCE NO. 46-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA. ANNEXING TO THE
CITY OF DELRAY BEACH THE EAST 64.25 FEET OF
LOT 10 (LESS THE SOUTH 10 FEET THEREOF) AND
THE EAST 64.25 FEET OF LOT 11. TOGETHER WITH
THE WEST 2 FEET OF THE EAST HALF OF LOT 10
(LESS THE SOUTH 10 FEET THEREOF) AND THE WEST
2 FEET OF THE EAST HALF OF LOT 11, BLOCK 4.
SOPHIA FREY SUBDIVISION, ADDITION TO DELRAY,
ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 4, PAGE 37. OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY. FLORIDA. WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; SAID LAND IS LOCATED AT THE
NORTHWEST CORNER OF THE INTERSECTION OF N.E.
8TH STREET AND M.E. 9TH AVENUE; REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND; PROV IDING FOR THE fi IGHTS AND
OBLIGATIONS OF e,AID LAND; PROVIDING FOR THE
ZONING THEREOF TO GC (GENERAL COMMERCIAL)
DISTRICT: PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
WHEREA?" t.he Legislat.ure of t.he ;"',t.ate of FJodda Pilssed
the Delray Beach EnclilvA A~t., Chapter 86-427, LBYS of Flnrida,
providing for the annexat.ion of encl",VAfI yi~hin the general
boundaries of ~he City of Delray Beaoh; and.
WHEREAS, purfluant to the Delray Beach En~IAve Act. the
City of Delray Beach ~aJlAd for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexat.ion under the A~t.. wi th sa id referen-
dum held on November 4. 1986, in conjunction with a general
election for Palm Beach County, Florida; and.
WHEREAS, the referendum held
approved by a single maJorit.y vot.e of
and,
on Nnvember 4.
:':aid qualified
1986, was
electors:
WHEREAS, the Cit,y of Delri'lY Beaoh has prepared an
Enclave Re'port outlining the Ci ty's prim for implementation of
the Delray Beach Enclave Act. which ident.ifies sixty-five (65)
enclaves eligible for annexation pursuan~ to the Act: and,
WHEREAS, the City of
authorized to annex lands in
Enclave Act,
Delray Beach has heretofore
aocordance with the Delray
been
Beach
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA. AS FOr,LOWe,:
~nt.ion 1,_ That. t,he Cit,y C<)un("~11
Beach, Palm Beaoh County. Florida, hereby
the following described land located in
Florida. which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
t.o-wi t.:
The East 64.25 feet of Lo~ 10 (lesfl the South
10 feet thereof) and the East 64.25 feet of
Lot 11, Block 4, SOPHIA FREY SUBDIVISION.
ADDITION TO DELRAY. according to the Plat
thereof reoorded in Plat Book 4. Page 37. of
the Publ ic Records of Pa 1 m Beach Count.y,
Florida; together with.
~I
'j
The West 2 feet of the East Half of Lot 10
(less the South 10 feet thereof) and the West
2 feet of the East Half of Lot 11. Block 4,
SOPHIA FREY SUBDIVISION. ADDITION TO DELRAY.
according to the Plat. t.hereof recorded in
Plat Book 4, Page 37. of the Public Records
of Palm Beach County, Florida.
The subject property
northwest corner of the
8th Street and N.E. 9th
is locat>ed
int.ersect.ion
Avenue.
at
of
the
N. E.
The above described parcel contains a O. 18
acre parcel of land, more or less.
Section 2 That the boundaries of the City of Delrav
Beach, Florida, are heY~by redefined to include therein the
above-described tract of .and and said land is hereby declared to
be within .the'corporate limits of the City of Delray Beach.
Florida.
Sec:ti[.J.JLJc That Sect.ion 30-23 of t.he Zoning Code has
been followed in the establishment of a zoning classification In
this ordinance and the t.ract of land hereinabove described is
hereby declared to be in Zoning District GC (General Commercial)
as defined by existing ordinances of the City of Delray Beach,
Florida.
3..ect:.]'('.IL.A.o. That. t.he land hereinabove de,,:~rlbed shall
immedla~ely hecome sllhject. t.o all of the fran~hises. privileges.
immunities. debt>s. obligat>ions, liabilities. ordinances and lawfI
tn which lands in the Cit.y of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
Section 5~ That this annexation of the subject proper-
ty, including adjacent roads, alleys, or the like. if any. shall
not be deemed accept.ance by the City of any ma intenance res pons i-
bility for such roads, alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 6~ '1'hat. all ordinanco'!s or part.s of. ordinances
in conflict herewith b';. and the same are hereby reP<';aled.
Section 7. That should any section or provision of
this ordinance or any portion thereof. any paragraph. sentence,
or word be declared by a Court of competent jurisdiction to be
invalid. such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Secticn...JL.. That this ordlnRnco'! shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on thb t.he _'~'_
regular session
day of
on second and
, 1988.
ATTEST:
MAY 0 R
Ci t.y Clerk
First Reading
Second Reading
- 2 -
Ord. No. 46-88
ORDINANCE NO. 47-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA. ANNEXING TO THE
CITY OF DELRAY BEACH LOT 3. BLOCK 5, AND THE
WEST HALF OF ABANDONED ALLEY LYING EASTERLY
AND ADJACENT TO LOT 3, BLOCK 5. TOGETHER WITH
LOT 10 (LESS THE SOUTH 8 FEET ROAD
RIGHT-OF- WAY) AND LOTS 11 AND 12, AND THE
EAST HALF OF THE ABANDONED ALLEY LYING WEST
OF LOTS 10, 11 AND 12 (LESS THE SOUTH If, FEET
THEREOF), BLOCK 5, SOPHIA FREY SUBDIVISION.
ADDITION TO DELRAY. ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 4, PAGE 37. OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
GENERALLY LOCATED BETWEEN N.E. 9TH AVENUE AND
N.E. 10TH AVENUE (PALM TRAIL), DIRECTLY NORTH
OF N.E. 8TH STREET: 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 GO
(GENERAL COMMERCIAL) DISTRICT: PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida passed
the Delray Beach Enclave Act, Chapter 86-427. Laws of Florida,
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach; and.
WHEREAS, pursuant to the Delray Beach Enclave Act, the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act, with said referen-
dum held on November 4, 1986, in conjunction with A general
election for Palm Beach County. Florida: and,
WHEREAS. the referendum held on November 4,
approved by a single majority vote of said qualified
and,
1986, was
elect.ors;
WHEREAS. the City of Delray Reach has prepared an
EnclavA Repclrt (llJt,lirlirlg t,hA ~it.y's plan fnr irrlp]pmpnt,R~iGn nf
the Delray Reach Enclave Act. which idAn~ifies six~y-five (65)
enclaves eligible for annexation pursuant to the Act: And.
WHEREAS, the City of
aulhorized to annex lands in
Enclave Act.
Delr8Y Beach haR heretofore
accordance with the DeIray
beAn
Beach
NOW. THEREFORE, BE IT ORDAINED BY THE Crry COUNCIL OF
THE C TTY OF DELRA Y BEACH. B'LOR IDA, AS FOLLO\~S:
Q.e~t..LQILL. That the City Council
Beach. Palm Beach County, Florida, hereby
the following described land located in
Florida, which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
t.o-wi.t.:
Lot 3, Block 5. SOPHIA FREY SUBDIVISION,
ADDITION TO DELRAY, according to the Plat
thereof recorded in Plat Book 4. Page 37. of
the Public Records of Palm Beach County,
Florida: together with,
~1
The West. Half of Abandoned Alley lying
Easterly and adjacent to Lot 3. Bl()ck 5.
SOPHIA FREY SUBDIVISION, ADDITION TO DELRAY,
according to t.he Plat t.hereof recorded in
Plat. Book 4, Page 37, of the Public Records
of Palm Beach Count.y. Florida; together with.
Lot 10 (less the South 8 feet road
right-of-way) and Lot.s 11 and 12, and the
East Half of the Abandoned Alley lying West
of Lots 10, 11 and 12 (less the South 15 feet
thereof), Block 5, SOPHIA FREY SUBDIVISION,
ADDITION TO DELRAY. according to the Plat
thereof recorded in Plat Book 4. Page 37, of
the Public Records of Palm Beach County.
Florida.
The subject property
hetween N.E. 9th Avenue
(Palm Trail), directly
Street..
is generally located
and N.E. 10th Avenue
north of N.E. 8th
The above described parcel
acre parcel of land, more or
cont.ains A
less,
0.72
;',~~ti.'JXL2~_ That. t.he boundaries of t.he Ci ty of Delray
Beach, Florida. are hereby redefined to inclllde t.herei.n t.he
above-described tract of land and flaid land is hereby declared to
be within the corporate limits of the ~ity of Delray Beach.
Florida.
;"i",~ti..QXL3_... That P,eot.ion 30-23 of the Zoning Code hac;
been followed in the establiflhment of a zoning ~lassjficatinn in
this ordinance and the t.ract of land hereinabove deflcribed is
hereby declared to be in Zoning District GC (General Commercial)
as defined by existing ordinances of the City of Delray Beach.
Florida.
S.t',Q_.tj.c..>IL..A~. That the land here ina bove deo.cribed 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.
Q.e.<2:tiQJ'1._5~c. That this annexatinn of the subject proper-
ty, including adjacent roads, alleys. or the like, if any, flhall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys, or the like, unless otherwise
sp~cifically initiated by the City pursuant tn ourrent require-
ments and conditions.
~Q1J..c:ffi_1i.... That all nrdinancefl or parts of ord i nancec;
in conflict herewith be. and the same are hereby repealed.
P,Act.ii;l.TL.:L. That shnuld any secti.on or provision of
this ordinance or any portion thereof, Any paragraph. sentence,
or word be declared by a Court of competent jurifldiction to be
invalid. such decision shall not affect the validity of the
remainder hereof as a whole or part thereof ot.her t.han the part.
declared to be invalid.
5k.s:.!J.QIL..t'L. That thIs ordinance shall become effect.i ve
immediately upon passage on second and final reading.
- 2 -
Orc!. No. 47-88
PASSED AND ADOPTED in regular session on spcond and
final reading on this the ___ day of ...____.__._.___.__. 1988.
---.---. -.. -~,-" . . -.-
t'J A Y () R
ATTEST:
.--.. ----- -~--'----_._--_.._---_._-_._--- . -'--.-. '.
C it.y Clerk
First Reading .......___.._.___.._...
Second Reading _...._._..___.......
- 3 -
Ord. No. 47-88
ORDINANCE NO. 48-88
AN:ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA. ANNEXING TO THE
CITY OF DELRAY BEACH THE EAST 256 FEET OF ALL
THAT PART OF LOT 6 LYING EAST OF McGINLEY AND
GOSMAN'S SUBDIVISION AND WEST OF THE
INTRACOASTAL WATERWAY (LESS ROAD RIGHT-OF-WAY
AND THE SOUTH 250 FEET THEREOF), LYING WITHIN
SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED AT THE SOUTHEAST CORNER OF N.E. 8TH
STREET AND PALM TRAIL (N.E. 10TH AVENUE);
REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; PROVIDING FOR
THE ZONING THEREOF TO GC (GENERAL COMMERCIAL)
DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE: PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Legislatllre of the State of Florida passed
the Delray Beach Enclave Act, Chapter 86-427, Laws of Florida.
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach; and,
WHEREAS, pursuant to the Delray Beach Enclave Act, t.he
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act, with said' referen-
dum held on November 4, 1986, in conjunction with a general
election for Palm Beach County. Florida; and,
WHEREAS, the referendum held on November 4, 1986, wafl
approved by a single majority vote of said qualified electors:
and,
WHEREAS, the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act" which identifies sixty-fJ.ve (65)
enclaves eligible for annexation pursuant to the Act; and,
WHEREAS, the City of Delr8Y Beach has heretofore been
authorized to annex lands in accordance with the Delray Be...ch
Enclave Act,
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRA Y BEACH, FloOR IDA, Af', FOLLOWS:
I I
Q~~t.i,lILJ..._ That the Cit.y CouncU
Beach. Palm Beach County, Florida, hereby
the following described land located in
Florida, which lies contiguous to said City
of the City of Delray
annexes to said City
Pal m Be8.ch Count.y,
to-wi t:
The East 256 feet of all that part of Lot 6
lying East of McGinley and Gosman's
Subdivision and West of the Intracoastal
Waterway (less road right-of-way and the
South 250 feet thereof). lying within Section
9, Township 46 South, Range 43 East, Delray
Beach, Palm Beach County, Florida.
The subject property is located at the
southeast corner of N.E. 8th Street and Palm
Trail (N.E. 10t,h Avenue).
30
The above described parcel contains a 1.3
acre parcel of land, more or less.
~ 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 classific~tion in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District GC (General Commercjal)
as defined by existing ordinances of the City of Delray Beach.
B'10rida.
Secti on..3~.. That the land hereinabove descri bed sha II
immediately become subject to all of the franchises, privilegei,
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.
:3.eJ~.t.ion 5,,, That this annexation of t.he subject. proper-
ty, including adjacent roads, alleys, or t.he like, if any, shall
not be deemed acceptance by the Cit.y 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.
B.~c.:t.i.QIj.-1L~ That ....11 ordinances or p.'\rts of ordinance.s
in conflict herewith be, and the same are hereby repealed.
SectiUlL.L. That should any sect.ion or provision of
this ordinance or any portion t.hereof, any paragraph, sent.ence,
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.
SectiQIL..8..... That this ordi.nance s ha 11 become effective
immediately upon passage on second and fi.nal reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the __ day of .____ . 1988.
I I
ATTEST:
-'-._._..._-.._-_._--~,.-._------- ......----.-..--.---
MAY 0 R
City Clerk
First Reading
Second Reading
- z -
Ore!. No. 48-88
.J
ORDINANCE NO. 49-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA. ANNEXING TO THE
CITY OF DELRAY BEACH A PARCEL OF LAND LYING
AND BEING IN SECTION 9, TOWNSHIP 46 SOUTH.
RANGE 43 EAST. DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA. WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID
LAND IS LOCATED APPROXIMATELY 300 FEET NORTH
OF N.E. 8TH STREET, EAST OF THE INTRACOASTAL
WATERWAY AND WEST OF ANDREWf', AVENUE;
REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; PROVIDING FOR
THE ZONING THEREOF TO R-1AAA (SINGLE FAMILY
DWELLING) DISTRICT; PROVIDING A GENERAL
. REPEALER CLAUf;E; PROVIDING A SAVING' CLAUSE:;
PROVIDING AN EFFECTIVE DATE.
WHEREAS. the Legislat~re of the State of Florida passed
the Delray Beach Enclave Act, Chapter 86-427. Laws of Florida,
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach: and.
WHEREAS. pursuant. t.o t.he Delray Beach Enclave Act., t.he
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act, with said referen-
dum held on November 4, 1986, in conjunction with a general
election for Palm Beach County, Florida: and.
WHEREAS. the referendum held on November 4. 1986. was
approved by a single majority vote of said qualified electors;
and,
WHEREAS, t.he City of De 1 ray Beach hClfl prepared Fl.n
Enclave Report outlining the City's p'Fl.n for implementation of
the Delray Beach Enrlave Act, which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; and,
WHEREAS, the Citv of
. authorized .to annex' .lande; In
Enclave Act,
Delray Beach has heret.ofore
accordFl.nc~ with the Delray
been
Beach
NOW, THERF.FORE, BF. IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH. FLOR IDA. AS FOLLOWS:
~tiDrL.L. Tr,at t.he Cit.y Council
Beach, Palm Beach County. Florida. hereby
the following described land located in
Florida, which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
to-tJit.:
Lot,p> J1. ~;4. and. :7:fJ :lpss pF\rt (:.f Lot.E". 11 and
24 in DB 1 nCJ:~ P64R . p'" rt. of r.ot. 24 in
DBI014P440. p~r~, of {Jots 24 and 25 in
DB1011P355: and lesfI the Westerly 95 feet of
the Easterly 322.5 feet of the Northerly 107
feet of Lot 25. the East 133 feet of Lot 25,
the Southerlv 102 feet of the Westerly 750
feet of Lots 11. 24. and 25, and the Westerly
94. f, feet. of the ~~ast.erly 227. f, feet of the
Nort.herly 109 fee't.). lying wlt.hin Sect.ion 9.
Township 46 South, Range 43 Eaflt.
~I
.]
The subject property is located approximately
300 feet north of N.E. 8th Street, e...st of
the Intracoastal Waterway and west of Andrews
Avenue.
The abnve desoribed pArcel
acre parcel of land, more or
cc-:.nt.a 1 DE'. .9
_1 p.~'~"
1. 03
Section 2~ That. t.he boundAri e? nf t.hA Ci t.y of Delray
Beach. Florida, are hereby redefined t.o include t.her",in t.he
above-described tract of lann ann s...ld lAnd is hereby declared t.o
be within the corporate limit.s of t.he Cit.y of Delray Beach,
Florida.
Se~tion 3. That Section 30-23 of the Zoning Code has
been followed in the establishment. of a zoning classificat.ion in
this ordinance and the tract of land herelnahove described is
hereby decla'red to . be in Zoning Dist.ric"t. .R": lAAA (Single Famiiy"
Dwelling) as defined by existing orclinance.5 of t.he Cit.y of Delray
Beach. Florida.
Sect.inn..._>L. That the land hereinabove described shall
immediately become subject to all of th", 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 res iding t,her",on s ha 11 be deemed ci ti.zens
of the City of Delray Beach.
SectiQll~')~. That. this Annexation of t.he subject proper-
ty, including adjacent roads, alleys. or the like. if any. shall
not. be deemed acceptance by the Clt.y of any maint.enance responsi-
bility for such roads, alleys, or the like. unl~ss otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 6. That all ordinances or parts of ordinances
in conflict herewith be, and t.h", 2.ame ArA h",reby repealed.
SeC'tion 7. That should Any section or provision of
this ordinance or any portion thereof. Any paragraph, sentence.
or word be declared by a Court of compet.ent. jurisdlct.ion to be
invalid, such decision shall not affect the validity of the
~emainder' hereof as. a. ~'lole .or part t.hereof 'ot.her t..han t.he part
declared to be invalid.
Section 8. That this ordinance shall become effective
immediately upon passage on f\8cond and final reading.
PASSED AND ADOPTED in
final reading on t.his t.he___
reg~11~r session on second and
day (Jf_.~._________. 1988.
MAY 0 R
ATTEi?,T:
City Clerk
First Reading
Second Reading
- 2 -
Ord. No. 49-88
'.
ORDINANCE NO. 49-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH A PARCEL OF LAND LYING
AND BEING IN SECTION 9, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, DELRAY BEACH, PALM BEACH
COUNTY. FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID
LAND IS LOCATED APPROXIMATELY 300 FEET NORTH
OF N.E. 8TH STREET, EAST OF THE INTRACOASTAL
WATERWAY AND WEST OF ANDREWS AVENUE:
REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; PROVIDING FOR
THE ZONING THEREOF TO RM-10 (MULTIPLE FAMILY
DWELLING) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida passed
the Delray Beach Enclave Act, Chapter 86-427, Laws of Florida,
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach; and,
WHEREAS, pursuant to the Delray Beach Enclave Act, the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act, with said referen-
dum held on November 4. 1986, in conjunction with a general
election for Palm Beach County, Florida; and,
WHEREAS, the referendum held on November 4, 1986. was
approved by a single majority vote of said qualified electors;
and,
WHEREAS, the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act, which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act: and,
WHEREAS. the Ci t.y of Delray Beach has heretofore been
authorized to annex lands in accordance with the Delray Beach
Enclave Act.,
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Counci 1
B~~h, Palm Beach County, Florida, hereby
the following described land located in
Florida, which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
to-wit:
Lots 11, 24, and 25 (less part of Lots 11 and
24 in DB1099P648. part of Lot 24 in
DB1014P440, part of Lots 24 and 25 in
DB1011P355; and less the Westerly 95 feet of
the Easterly 322.5 feet of the Northerly 107
feet of Lot 25, the East 133 feet of Lot 25,
the Southerly 102 feet of the Westerly 750
feet of Lots 11. 24, and 25, and the Westerly,
94.5 feet of the Easterly 227,5 feet of the
Northerly 109 feet). lying within Section 9.
Township 46 South, Range 43 East.
"
3/
. '
The subject property is located approximately
300 feet north of N.E. 8th Street, east of
the Intracoastal Waterway and west of Andrews
Avenue.
The above described parcel contains a 1.03
acre parcel of land, more or less.
Section 2 That the boundaries of the City of Delray
Beach. Florida, are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach,
Florida.
~..t.imL3~ That Sect.ion 30-23 of t.he Zoning Code has
been followed in the est.ablishment of a zoning classification in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District RM-10 (Multiple Family
Dwelling) as defined by eXisting ordinances of the City of Delray
Beach, Florida,
SectiQn_~ That the land hereinabove described shall
immediately hecome subject to all of the franchises. privileges,
immunities, debts. obligations, liabilities. ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach,
Section 5. That this annexation of the subject proper-
ty, including adjacent roads, alleys. or the like, if any. shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads. alleys, or the like. unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
S~iQ~. That all ordinances or parts of ordinances
in conflict herewit.h be, and the same are hereby repe'aled.
Section 7. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sent.ence,
or word be declared by a Court of COmpetent. Jurisdiction to be
invalid. such decision shall not affect the validit.y of the
remainder hereof as a whole or part thereof ot.her t.han t.he part
declared to be invalid.
~QtiQ~ That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
Ifinal reading on this the
regular
day of
session
on second and
, 1988,
---..--_____h______. -.-..------_______.._u.. ..___
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
---------...
- 2 -
Ord. No. 49-88
.J
ORDINANCE NO. 50-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA. ANNEXING TO THE
CITY OF DELRAY BEACH THREE PARCELS OF LAND
LYING AND BEING IN SECTION 20. TOWNSHIP 46
SOUTH, RANGE 43 EAST, DELRAY REACH, PALM
BEACH COUNTY, FLORIDA, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY: SAID LAND IS GENERALLY LOCATED
NORTH OF LINTON BOULEVARD, SOUTH OF S.W. 10TH
STREET, EAST OF INTERSTATE-95. AND WEST OF
S.W. 8TH AVENUE; REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR
THE RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO LI (LIGHT
", INDUSTRIAL) DISTRICT, IN PART, CF . (COMMUNITY
FACItITIEE,) DISTRICT. IN PART, AND R-1A
(SINGLE FAMILY DWELLING) DISTRICT. IN PART;
PROVIDING A GENERAL REPEALER CLAUSE:
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS. the Legislature of the State of Florida passed
the Delray Beach Enclave A~t, Chapter 86-427. Laws of Florida,
providing for the annexation of enclaves within the general
boundaries of the City of Del ray Beach; and,
WHEREAS, purfluant to the Delray Beach Enclave Act. the
City of Delray Beach called for a referendllm of those qllalif:ied
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act. with said referen-
dum held on November 4, 1986. in conjunction with a general
election for Palm Beach Count.y, Florida; and.
WHEREAS, the referendum held on November 4, 1986. was
approved by a single majorit.y vote of said qualified elect.ors;
and,
WHEREAS, the City of Delray Beach has prepared an
Enclave Report out,lining the City's plan for implementation of
the Delray Beach Enclave Act, which identifies sixty-five (65)
enclaves eligible for annexation pur~uant: to t.he Act; and,
WHEREAS, the City of
authorized to annex lands in
Enclave Act..
Delray Beach has heretofore been
accordance with the Delray Beach
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS:
Se~t. iC>(j L That t.he City Counc i 1
Beach. Palm Beach Count.y. Florida. hereby
the following described land located in
Florida. which lies c(lntigu0us to said City
of the City of Delray
annexes to said City
Palm Beach Count.y.
to-wit.:
EAR C E Le-'..'A"
The South Half of the West Half of Lot 22
(less 1-95 right-of-way). lying within
Section 20. Township 46 South, Range 43 East:
toget.her wi t.h,
32-
.]
The North Half of the West Half of Lot 23
(less 1-95 right-of-way), lying within
Section 20, Township 46 South, Range 43 East:
t.ogether wi t.h.
Lots 3. 4 .
according to
Plat Book 21.
of Palm Beach
5. 6. and J2. PLATT'S ACRES.
the Plat thereof recorded in
Page 47. of the Public Records
County. Florida: t.oget.her with,
Lots 7 and 8, Block A. SUNNY ACRES. according
to the Plat. thereof recorded in Plat. Book 21,
Page 63. of the Public Records of Palm Beach
County. Florida: together with.
Lots 1. 2.
according
Plat. Book
of Palm
with,
3, and 4, Block R, SUNNY ACRES,
to the Plat thereof recorded in
21. Page 63, of the ?Ilblic Record~
Beach Connt.y. Florida: t.ogether
Lots 3. 4, 6. and 8. Block r.. f,rrNNY ACRES,
according t.o t.he Plat t.hereof recorded in
Plat Book 21. Page 63, of the Public Records
of Palm Beach County, Florida; together with,
Lot.s 3. 5, 6.
according t.o
Plat. Book 23,
of Palm Beach
and 8, ESQUIRE SUBDIVISION,
the Plat thereof recorded in
Page 43, of the Public Records
County, Florida: together with,
Lots 1. 2 . 7, 8.
ACRES. according to
in Plat Book 21.
Records of Palm
together wi t.h.
9, 10, and 11, PI,ATT'S
the Plat thereof recorded
Page 47, of the Public
Beach Count.y, Florida:
Lots 5, 6. B. 9. 10, and the Weflt 23 feet of
Lot 7, Bln~k R, SUNNY ACRES, according to the
Plat thereof recorded in Plat Book 21, Page
63, of the Puhlic Record~. of Palm Beach
County. Florida: together with.
Lots 5 and 7. Block C. SUNN~ ACRES, according
to the Plat thereof recorded in Plat Book 21,
Page 63. of the Public Re~ords of Palm Beach
County. Florida: together with.
Lots 1. 2. 3. 4. 5.
ACRES. ...ccord i ng t.o
in Plat Book 21,
Records of Palm
toget,her wi t.h.
6. and 7. Block D. SUNNY
the Plat thereof recorded
Page 63. of the Public
Beach County, Florida;
The East Half nf the West Half of
lying We~t of GArmantnwn Road, lying
Section 20. Town~hip 46 South, Range
Lot 30
within
43 East.,
The subject property is generally located
north of Linton Boulevard, south of S.W. 10th
Street. east of Interstate-95. and west of
Germantown Road.
The above deflcribed
acre par~e] of lRnd,
parcel cnntains a
more or less.
23.84
- 2 -
Ord. No. 50-88
EARCEL-"B.:.'.
'The South 183 feet. of t,he East Half of t.he
West Half of Lot 30 lying East of the Plat of
SUNNY ACRES (less the East 25 feet of the
road right-of-way), lying within Section 20,
'Township 46 South, Range 43 East: together
wit.h,
The South 158 feAt of Lot 8, Block D, SUNNY
ACRES. according to the Pl...t thereof recorded
in Plat Book 21. Page 63, of the Public
Records of Pedm Beach County, Florida.
'The subject propert,y is generally located at
the northeast corner of the intersection of
Gerrnant.ow'n Rel.ad arid. Georgia. Street, if
extended eastward. .
The above d~5cribed parcel
acre parcel of land. more or
cont,ains a
IP:~;5 .
1. 72
EA.RG~J,J__'~Q_'~_
The SOllth 76.18 feAt of the North 324 feet of
the East Half nf the West Half of Lot 30,
lying within Sect.lon 20, Township 46 South,
Range 43 East: together with.
'The Sout.h f,5
thEe West.erly
West. Half of
Township 46
with,
feet of the North 379 feet of
127 feet of the East Half of the
Lot. 30, lying with.in Sect.ion 20,
South, Range 43 East: together
The Southerly 85 feet of the North
feet of the East Half of the Weflt Half
30 (less that part in DB1029P416).
within Section 20, Township 46 South.
43 East: togethAr with.
482.64
of Lot
lying
Range
That part of the Snuth 107.75 feet of the
North 431.75 feet of the East Half of the
West Half of Lot 30 in DB1029P416 (less that
part in OR 1428 P22). 1 ying wi.thi.n Section 20.
Township 46 South. Range 43 East: together
wi.t.h.
Part of the SOlltherly 94.46 feet of the North
418.46 feet of the East Half of the West Half
of Lot 30 in OR1428P22. lying within Section
20, Township 46 South, Range 43 East;
toget.her with,
'The North 90 feet of the East Half of the
West Half of Lot 30 lying East of Germantown
Road, within Section 20, Township 46 South,
Range 43 East; together with.
The South 79.82 feet of the North 247.82 feet
of the East Half of the West Half of Lot 30
lying East of Germantown Road, within Section
20, 'Townshi.p 46 South, Range 43 East:
t.ogether wit.h,
- 3 -
Ord. No. 50-88
The South 73 feet of the North 168 feet of
the East Half of the West Half of Lot 30
lying East of G~rmantown Road. within Section
20, Town~.hip 46 SOl.lt.h. Range 43 East;
together with.
The Nort.h fj!,"; f8t=-:i, of Li)t, 8. B1c.ek D. as
OR1902P1322. SONNY ACRES. aocording to
Plat thereof recorded in Plat Book 21,
83, of the Pllblic RAonrds of Palm
County. Florida; together with,
tn
t.he
Page
Beach
The South 55 feet of the North 110 feet of
Lot 8, Block D. SUNNY ACRES. according to the
Plat thereof recorded in Plat Book 21, Page
63, of t.he Public Records of Palm Beach
Count.y, Florida; toget.herwit;h,
The South 106 feet of the North 216 feet of
Lot 8 (less t.hat part. in DB1029P416l, Block
D. SUNNY ACRES, according to the Plat thereof
recorded in Plat Book 21, PagA 63. of the
Publ ic Records of Pa 1m Beach Cc,'mt.y, Florida;
together wi.th.
That part nf IJot 8 in OR1428P?2. Block D.
SUNNY ACRES. according to the Plat thereof
recorded in Plat Book 21. Page 63. of the
Public Recnrds of Palm BA:och COllnt.y, Florida;
t.ogether with,
Part of [lot 9 rlA5cribed 85 beginnin~ at a
Point 136.95 feet NortheaS~Rrly of the
Southwest corner of Lot. :j. thence
Northeasterly:olong curve 86.11 feet. East
68.75 feet. South 100 feet, West 72 feet.
Northwesterly to Point of Beginning, ESQUIRE
SUBDIVISION, according to the Plat thereof
recorded in Plat Book 23, Page 43. of the
Public Records of Palm Beach County. Florida;
toget.her with.
Lot 9 (less the Northerly 100 feet and the
Southerly 22 feet of the Westerly 119 feet),
ESQUIRE SUBDIVISION, :occording to the Plat
thereof recorded in Plat Book 23, Page 43, of
the Public Records of Palm Beach Count.y,
Florida: together with,
The Southerly 22 feet
feet of [jot 9 and ~he
the Westerly 119 feet
SUBDIVISION. according
recorded in Plat Book
Publio Records of Palm
together wit.h.
of the Westerly 119
Northerly 38 feet of
of Lot 12, ESQU IRE
t.o the Plat thereof
23, Page 43, of the
Be:ooh County, Florida;
Lot 12 (less the East 215 feet :ond the
Northerly 38 feet of the Westerly 119 feet),
ESQUIRE SUBDIVISION. according to the Plat.
thereof recorded in Plat Book 23, Page 43. of
the Public Records of Palm Beach County.
Florida: together wi.th.
- 4 -
Ord. No. 50-88
The Snuth 80 feet of the East 150 feet of Lot
12, ESQUIRE SUBDIVISION. according to the
Plat therc,of recorded in Plat. Book 23, Page
43. of the Public Recurds of Palm Beach
County, Florid.a: t,oget.her with,
The East 215 feet of Lot 12 (less the South
SO fept. of the E",,,:t. 150 feet), ESQUIRE
SUBDIVISION. according to the Plat thereof
recorded in Plat. Book 23. Page 43, of the
PubJic Records of Palm Beach County, Florida:
t.og-et.her wit.h.
Lot 13 (less the EAst 215 feet thereof),
E:",QIJIRE ~o,UBDIVL3ION, "coord ing t.o the Plat
thereof recorded in PI"t Rook 23, Page 43, of
th~' Pl1'olin. Rec~ord5 of Palm Beach COI.inty,
Florida: tngeth~r wi~h,
The Rast 20n feAt
SUBDIVISION, according
rernrded in Pla~ Rook
Pl]bli~ Records of Palm
t.oget.her wit.h,
of Lnt. 1:) . ESQU IRE
t.o t.he Plat. t.hereof
23. Pa~e 43. of the
Beach Ce'llnt.y. Flori.da:
The SOllt.h 31. 25 feet. of t.he E"st. 200 feet. of
Lot 14 "nd the North 31.25 feet of the East
200 feet of Lot 15. ESQUIRE SUBDIVISION,
according to the Plat th~rp(lf recorded in
Plat Book 23. Page 4~. of the Public Records
of Palm Beach County. Flnri.da: together with,
The West 15 feet of thp East 215 feet {)f Lots
13. 14. If>, and 16 as in OR1766P929, ESQUIRE
SUBDIVISION, according tn the Plat thereof
recorded in Plat Book 23, Page 43, of the
Public Records of Palm Beach County, Florida:
together ,,;it.h,
The Nnrth 60 feet of thA East 200 feet nf Lot
14. ESOUIRE SUBDIVISION. according to the
Plat thereof recorrlprl in PlAt Rook ~3. P~gP
4:1. of t.hA Pllhlic Rece,rds of P",lm BAach
Cnu:nt,y, B'lnrida: t',og'pi,her wit,h.
Lot 14 (l~ss the t<:",st 215 feAt ~herenf).
t<:SQUTRE S[;p,nTVT:~ICiN, ,"~u'rding t.o t.he Plat.
t,herpof recorded tij PIRt, BCJok ~~3, Pa,~e 43, (If
t.he Puh! i c Records of Pa 1 m Bei'lch r:ount.y,
Florida: together wi~h,
Lot. l!) ( 1 ess t.he East ~~ l!) feet t.hereof).
ESQUIRE SUBDIVISION. ",ccording to the Plat
thereof recorded in Pl~t Rook 23. Page 43. of
the Public Records of Pi'llm Beach County,
Florida: together with.
The South 60 feet of the East 200 feet nf Lot
1E,. E:",Qfl IRE SUBDIVT:", ION. i'lccord i nil' t.o t.he
Plat thereof recorded in Plat Book 23. Page
4:1. of the Public Recnrds of Palm Beach
County, Flnrid~: together with.
The Eaf\t 200 feet
SUBDIVISTON, accnrding
~~~~rrl~d in Plat 8o~,k
Public Records of Pi'llm
toget.her wit.h,
nf Lot 16, ESQUIRE
to the Plat thereof
~~. Page 43. nf the
Beach Cnllnty. Florid",:
~ 5 -
Ord. No. 50~88
Lot 16 (less the East 315 feet thereof).
ESQUIRE SUBDIVISION, according to the Plat
thereof recorded in Plat Book 2~. Page 43. of
the Public Records of Palm Beach County,
Florida: together with,
The West 100 feet of the East ~15 feet nf Lot
16. ESQUIRE SUBDIVIS ION. accord ing t.o t.he
Plat thereof recorded in Plat Book 23. Page
43, of the Public R~cord8 of Palm Beach
County, Florida.
The sU.bj~ct, propert.y i .'::.~
north of I.int.on ROlll~rJ.'4.r,j.
~3treet, east (',f GArrnAnt,nwn
S, W. 8th Avenue.
generally located
;:',OIJt.h nf 2., W. 10th
ROAd. And WAst of
Th~ above ae~~rihed parc~l COJltRins a 8.56
~cre parnpl of lAnd. mnr~ or 1~8S.
~ie,J;..t.1C)lL..2... That. trle bnnnrlarie."'. of t,he Ci.ty of Delr.qy
Beach. FloridA., are herehy r~dr::fi:ned T,- tncll]cle t,herein t.he
above-d~scribed tracts of land Rnd said iBnds are hereby declared
to be within the corporate limits of thA City of Delray Beach,
FlorId.a.
S~c:..t,ion_--,L That ~3ection :iO-~:3 of t,he Zo:ning Code has
been followed in the establishment of a zoning ~l.qssifj_cation in
this ordinance and the trac~ of land hArAinabove described as
Parcel "A" is hereby declared to be in Zoning Dist.rict. LI (Light.
Industrial) as defined by Bxif\tlng nrdinancef\ of the City of
Delray Beach, Florida.
Section 4. That Se~tlnn 10-?3 of the Zoning Code has
heen followed in the establishmAnt of a znnjng classIfication in
this ordinance and the tract of land hereinabnvA described as
Parcel "B" is hereby decl.ared t.o bB in Zoning Dist.rict. CF
(Community Facilities) as defined by Axi~ting ordj.nances of the
Cit.y nf Delray Beach, Florida.
:::~.~G~i.5.2.n_._5._!... That Sec:t-Lon 30-23 nf t,be Zo-ning Code has
been followed in the estahl.ishment of a zOlling cl~ssificati0n in
this orOlnance and the tract of land hAr~tnabnve described as
Parcel "C" 1.5 hereby declared t,o he in Zoning Dist,rlct, R-1A
(Single Family Dwelling! as defined by existing ordinances of the
City of Delray Beach. FlorIda.
3~Qt...i0n.~j3, Th<9t, t,he 1 :=1.r1d hereinabnvp rlescribed ~..h.9.11
immedj_ately become slJb.ient to All of the franchi.ses. privileges.
immuni ties, debts. obligat.ions. l.i.abili ties. ordina.ncet' and. laws
to which lands in the Cit.y of Delray Reach .7:lre now or may be
sllbjected and persons resirljng thereon shall be deemed citizens
of the City of Delr.ay Beach.
::;'_e~i,inJL_7-,- That, this .:tnnexat,ion of t,he subject proper-
ty, inCluding adjacent road;::., Allevs, or t.he l.i.ke. if any, ::,hall
not. be deemed acceptance by the Ci t.y of any ma intenance respon;". i-
bility for such roads. alleys. or t.he like, unless ot.herwise
specifically initiated by the CIty pursllant to ~urrent require-
ments and conditions.
:3''"~t..iQn.1L.. That all ordinances or part.s of ordinances
in ~onflict. herewith be. and the same are herehy repealed.
- 6 -
Ord. No. 50-88
Section;L. 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 ~s a whole nr part thereof other than the part
declared to be invalid.
Sect.i.on --111" That t,his ordinClnce s ha 11 become effective
immediately upon pas",;;ge on second and final reading.
PASSED AND ADOPTED
final reading on this the
in regular session on second and
day of ~_______, 1988.
- . -~. '--
MAY 0 H
ATTEST:
City Clerk
First Reading
Second Reading
- 7 -
Ord. No. 50-88
ORDINANCE NO. 51-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRA Y BEACH LOTS 1. 2 AND 3, BLOCK
17, SOUTHRIDGE SUBDIVISION, PLAT 2 OF 2.
ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 13, PAGE 39, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA. WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; SAID LAND IS LOCATED AT THE
SOUTHWEST CORNER OF S.W. 8TH AVENUE AND ELLA
STREET; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND:
PROVIDING FOR THE ZONING THEREOF TO R-1A
(SINGLE FAMILY DWELLING) DISTRICT; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE,
WHEREAS. the Legislature of the State of Florida passed
the Delray Beach Enclave Act, Chapter 86-427. Laws of Florida,
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach; and,
WHEREAS, pursuant to the Delray Beach Enclave Act, the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act, with said referen-
dum held on November 4, 1986, in conjunction with a general
election for Palm Beach County. Florida; and,
WHEREAS, the referendum held on November 4. 1986, was
approved by a single majority vote of said qualified electors;
and,
WHEREAS, the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act, which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; and.
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance wl.th the Delray BAach
Enclave Act,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Council
BbJch, Palm Beach County, Florida, hereby
the following described land located in
Florida, which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
to-wit:
Lots 1, 2 and 3, Block 17 , SOUTHR mGE
SUBDIVISION, PLAT 2 OF 2, according to the
Plat thereof recorded in Plat Book 13, Page
39, of the Public Records of Palm Beach
County. Florida.
The subject property is located at the
southwest corner of S,W. 8th Avenue and Ella
Street.
The above described parcel contains a 0.71
acre parcel of land, more or less.
33
~ction 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 wi thin the corporate limits of the' Ci ty 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 tract of land hereinabove described is
hereby declared to be in Zoning District R-1A (Single Family
Dwelling) as defined by existing ordinances of the City of Delray
Beach, Florida,
Section ~ That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
Section 5. That this annexation of the subject proper-
ty, including adjacent roads, alleys, or the like, if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bili ty for such roads, alleys, or the like, unless o.therwise
specifically initiated by the City pursuant to current require-
ments and conditions.
~tion ~ That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Sect] on 7. That should any section or provis ion of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 8. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on this the
regular session on second and
day of ___.____.___...__' 1988.
---------------.--. -~_..------._.+.__._------
MAY 0 R
ATTEST:
t t
City Clerk
First Reading _
Second Reading __'_'__
- 2 -
Ord. No. 51-88
dave b,"r"I'('F"'-'
, ..JU'-....r,._"
(f) ~J tu~ {&y_L t*-~~t
~l~ ~ r (J"L-'f
:i:'Jr--;; !"-;Ci:--';.'"
,II
1('"
. ~ I -j - ,
May 17, 1988
i\hCEIVED
MAY 18 1988
CITY MANAGER'S OFFICE
Mr. Walter Barry
City ~~nager of Delray Beach
100 Northwest 1st Avenue
Delray Beach, Florida 33444
Dear Mr. Barry;
This letter is to express my interest in becoming a member of the Delray Beach
Commmity Appearance Board.
I am a registered landscape architect and I have been working in South
Florida since 1979. My employment experience has enabled me to be involved
in a wide range of pro ject types including residential, corrmercial, resort,
and public institutional.
I have recently started my own practice of landscape architecture and planning
in DeIray Beach where I am also a resident. I have a strong desire to become
an active participant in helping to improve and maintain my cOl11J1lU1ity.
My rest.irne and application are enclosed for your review.
;~
Dave BOOker
34
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Dave Bodker
NAME
801 Northwest 2nd Avenue, Delray Beach, Florida 33444
I
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
Same
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
276-6466
HOME PHONE
276-6466
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Carmmity Appearance Board
LIST ALL CITY BOARDS ON WHICH Y~~ARE CURRENTLY SERVING OR HAVE PREVIOUSL
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS
Bachelor of Landscape Architecture - Louisiana State
University
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
FloridA Registered landscape Architect
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Present - Self Emploved
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGF: WHICH QUALIFY YOU TO .SERVE 0
THIS BOARD. have had 9 ~ears landscape architectural andplarming~expertenceinc
South Flori .
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AN
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MA
RECEIVE.
?~.
SIGNATURE
p.!b'.€>0
DATE
,
dave bCJdker
,~'I: '(:1 ::t ,-, . ,'J' I
,':Pd' 1"/ :"":,,,
<'i :~ ~ :; /' i." -,;
RESUME
PERSONAL:
Dat,~ of Birth: :1arch 1.5, 1955
M..::trried
Health: Excellent
EDUCATION:
Louisiana Sta~e UniV8rslty
Baton Rouge, L01Jisiana
Bachelor of Landscape Architecture - 1979
LICENSURE:
Florida Llcense #999
PROFESSIONAL EXPERIENCE:
April 1988 - Present
Dave Bodker Landscape Architecture/Pl~nning
801 N.W. 2nd Avenue
Delray Beach, Florida ~33444
Posi tii)n:
Self Emp1oy"!d
August 1982 - April 1988
Rhett Roy Landscape Architecture/Planning, P.A.
412 North Andrews Avenue
Fort La1lderdale, Florida 33301
i
Position:
Senior Landscape Arcllitect
Responsibilities:
Project Management
Proposal & Fee Development
Contract Negotiation
Client & Consultant Interaction
Design
Planning
Government Coordination/Submissions
Production of Working Drawings CLayolJt & Grading,
Details, Planting, Irrigation, Lighting)
Bidding Processes
Constrllction Supervision
Construction Payment Supervision
Scone of Proiects:
Single Family Residential
Multi-Family Residential
Recrea t.ion
Rhett Roy Landscape Architects/Pldnuers (continued)
CommEH'c.ia 1
Institutional
Public
April 1981 - July 1982
J. Roland Lieber/Raymond L. Uecker
Landscape Architects. Planners
621 South Federal Highway
Fort Lauderdale. Florida 33301
Position:
Landscape Architect
Besponsibilities:
Project Management
Client Interaction
Def~ ign
Production Drawings
Bidding
~c:ope of Pro i e{.;J~.ELL
Single Family Residential
Multi-Family Residential
Streetscape.Y
Resort/Country Club
March 1980 - March 1981
WaltAr Taft Bradshaw & Associates
Landscape Architects/Planners
4337 Seagrape DrivEl
LaLlderdale-by-the-Sea, Flol~ida
POS.1.!ion:
Landscape Architect
Responsibi.li ties:
Graphics
Desil)TI
Site Planning
Plan.ting Plans
f:icooe of Prqjj3ctSl..
Community Recreation Faci.lities
Single Family Residences
Multi-Family Residential
Streetscape:;;;
August 1979 - February 1980
Peabody & Ch.ilds, Archit.ect.s, [nc.:.
440 East Sample Road
Pompano Beach. Florida
2
I
Peabody (, Childs, Architec.ts, Inc. (continued)
Position:
Landscape Architect/Draftsman
Responsibilities:
Dl'afting
Planting Plans
Irrigation Plans
ScoDe of Proiects:
Multi-Family Residential
Country Club
Office
1977 - 1979
Communi.1:y Planners, Inc.
Baton Rouge, LOllisiana
PositJon:
Draftsman
I~('~BI)_onsibilj. tips:
Preliminary Planning
Graphics
Su I~V'='~Y,c;
Projects illvolved in federal yraJlt 8JJplicatil)fl,
development dlld administration in Louisiana
commUIlities. Projects were typically recrea'tional
facilities or low income housing.
1976 - 1977
Charles M. Hubbs Associates, Landscape Architects and
Land Planners
Baton Rouge, Louisiana
Post 1:.10n:
DrB.ftsman
Responsibilities:
Drafting
Planting Plans
SCOP8 of Proiects:
State Park",
Residences
Re",idential Entrances
Small Commercial Buildings
OTHER INTERESTS:
Sailing, Diving, Water Skiing
References available upon request.
3
I
RESUME
MARK LOUIS KRALL
Listick & Steiner, P.A.
616 East Atlantic Avenue
Delray Beach, Florida 33483
(305) 276-7424
EDUCATION
LLM-TAXATION
1982, University of Miami, Coral Gables,
Florida - Top 12%
HONORS
PROFESSIONAL
EXPERIENCE
JURIS DOCTOR
1981, Nova Law Center, Fort Lauderdale,
Florida - Top 25%
BBA-ACCOUNTING 1978, University of Miami, Coral Gables,
Florida - Top 10%
Beta Gamma Sigma - National Honorary Business Fraternity
Beta Alpha Psi - National Honorary Accounting Fraternity
Alpha Lamba Delta - National Freshman Honor Society
5/87 - present LISTICK & STEINER, P.A., Delray Beach, Florida
10/84 - 5/87
9/82 - 10/84
COMMUNITY
INVOLVEMENT
MEMBERSHIPS
PERSONAL
REFERENCES
Practice of law in the areas of Real Estate, Estate
Planning, Wills and Trusts, Probate, Federal, State and
International Taxation, Condominium Law and Corporate La~
RHOADS & SINON, Boca Raton, Florida
Practice of law in the areas of Real Estate, Estate
Planning, Wills and Trust., Probate, Federal, State and
International ~axatio~, Condoainium Law and Corporate La~
PRICE WATERHOUSE, MiUli, Florida
Senior tax accountant and consultant in all areas of
Federal, State and International Taxation including
practice before the Internal Revenue Service at the
District Level.
United Way of South Palm Beach County, Board of Director~
Rotary Club of Delray Beach, Florida, Member
Palm Beach County Bar Association, Florida Bar
Association, American Bar Association
Born 5/3/57. Single.
Available upon request.
34
CITY COMMISSION
C '{ CLERK ()f
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
J1'
MARK L. KRALL
NAME
5334 Buckhead Circle, Boca Raton, Florida 33432
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
616 East Atlantic Avenue, Delray Beach, Florida 33483
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
394-7923
HOME PHONE
276-7424
BUSIlIESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Board of Adjustment
Community Appearance Board,
~
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOU~
SERVED (Please include dates) None at this time
-
EDUCATIONAL QUALIFICATIONS University of Miami, Bachelor of Business AdministratioJ
Nova Universit . Juris Doctorate (JD), Universit of Miami, Master of Laws in Taxation (Ll
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICEISES WHICH YOU HOLD.
T,i~P1"'lc:pn 1-n p,.....,..f-i(""p 1"", ;." t-hp !C::t-,,'hr~ n~ FlnT;t1,.
.
GIVE YOUR PRESEIT, OR ~OST BECENT EMPLOYER, AND POSITIOI
LISTICK " STEINER, P .A. - Attomey
.
DESCRIBE EIPERIEICES,
THIS BOAIID. ien e
thereof. Pam! iar!t i v of e
attendance at various meetings ~f the t:1ty 'Commission.
01
IIOWLEDGE WHICH QUALIFt YOU TO' SERn
and codes 'and the a lic;
Beach ac_ ired b
PLEASE ATTACH A BRIEF RESUHE.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE J
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS J
PLICATION HAY CAUSE FORFEITURE UPON MY PART OF ANYAPPOIllTKENT I ..
RECEIVE.
~~:~
SI NATURE
~~\S")\~88
DATE
DELRA Y /iEACI/
69 S.E. FIFTH AVENUE
DELRAY BEACH. FLORIDA 33444
y
')' ~r/~ ~
~~}0~
t/',)i 4
'---"- 'b)
,/ ,);-1' /
'7
'~\>.
. (.',)
~ ,~. "
4-.1- .,..-
~-,
\1 ,-
'~ (-" ' '
'--- "
[Q)OWNTOWN
[Q)EVELOPMENT
ffiu THO R IT Y
Mr Walt~r O. ~Br~y
(;i ty M'maQ'er
100 N.W. l~t Av~.
~~lray qeach, Fl. 33444
April 15. 198>.'
"J~a"!" T"'''''' ~ar"'v:
lib l. tU VED
APi< 1 5 lY1:l1:l
CITY MANAG,~'s -', '0
.- , /,~r:jl...E
The DDA has acc~pt~d t'he resiQ'nation oT Michael. Marino. We
are asking for YOIl to put on the next aQ'enda approval of a
new TJ'lemb~r.
Ou~ sUQ'Q'~stlons are, l'1r. Q"'uce C;1mmy owner of the '!'rouser
Shon at 439 ~. Atlantic Ave. Bnd Mr. Carl Carter, ontoetrist
at 204 ~, Atlantic Ave. He has served on the board b~fore
and as cnalrman.
We a"'e always laokin", for new members who are retailers. we
st"'nn",ly u"'"e you to cnnsider these two men. rhey both are
willinQ' to se"'ve.
Very t,..u ly. _
/"'-:;f:1' fi.
"~ 't'- -, ", ' ,
C I>' [AI>v. ,-<,-y ,.1:, j....-
ConnieI'uttle
Chairman DDA
i
3~
" ___ ',',',I'r"I"1,
Vi! \.( -"
. ,:. ~ ;~r:: ~
GII'r' -- .--
c.k:-
v
'" II
,.;;) ,)l,
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME
Jon R. Lev inson
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
91+3 Evergreen Drive, Delray Beach, FL. 331+83
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
1356 N. W. 2nd Avenue, Boca Raton, FL. 331+32
272-031+9
HOME PHONE
392- 3322
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
however I woul.d-.=sider ani. City Board.
Plannin2 & Zonin2.
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED. (Please include dates) None
EDUCATIONAL QUALIFICATIONS BS - ~ccounting, Jacksonville Univers.!!Y.1-___
Jacksonv We. FL.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
Florida Class 1\ Air Conditionin2 contractor
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
President & Owner ~ En2ineered Air
President - REL Enterprises~
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. ~ accounting and business background combined with my 1~l2.-__
in air conditioning contracting and many years of hotel operation and develop- ____
ment qualify me for many boar<i.1?ositions.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF' ANY APPOINTMENT I MAY
RECEIVE.
\
\lIGNA URE
\,
\,
_______M~UL_J2&______
DATE
OCCUPATION
EDUCATION
PROFESSIONAL
LICENCES
PRESENT
AFFILIATIONS
JON R. LEVINSON
President/Owner - Engineered Air, Fort Lauderdale, FL
Air Conditioning Contractor
President
- REL Enterprises, Inc., Boca Raton, FL
Owner and Operator of:
Holiday Inn Pompano Beach Directly
on the Ocean
Holiday Inn Fort Lauderdale West Hotel
& Conference Center;
Sheraton of Boca Raton Hotel & Towers
Jacksonville University, Jacksonville, FL
B.S. Accounting
Florida Class A Air Conditioning Contractor
Member of Board of Directors of Greater Ft. Lauderdale
Chamber of Commerce
Member of Tourism/Convention Task Force of Greater Ft.
Lauderdale Chamber of Commerce
Member of Ambassadors Task Force of Greater Ft.
Lauderdale Chamber of Commerce
Member of Advisory Board of Leadership Broward
Member of Board of Directors - The Discovery Center
Treasurer of The Discovery Center
Treasurer of Unity School Endowment Fund of Unity School,
Delray Beach, FL
Member of Board of Directors - American Cancer Society,
Broward Co. Unit
Member of Florida Hotel & Motel Association, Governmental
Affairs Committee
Member of International Association of Holiday Inns, Inc.,
Southeast Regional Committee
Member of Holiday Inns, Inc., Marketing & Advertising
National Committee
Secretary/Treasurer of Holiday Inns, Florida Hotel
Marketing Association
Member of Tower Club of Fort Lauderdale
Member of International Association of Hospitality
Accountants
Member of National Association of Accountants
Member of Alpha Micro Users Society
Lecturer - Small Business Development Center
Listed in "Who's Who in the South and Southwest"
Listed in "Outstanding Young Men in America"
cont..
PAST
AFFILIATIONS
PERSONAL
JON R. LEVINSON
Vice President of Tourism, Conventions & Recreation of
Greater Ft. Lauderdale Chamber of Commerce
Chairman Education Task Force of Greater Ft. Lauderdale
Chamber of Commerce
Member of Board of Trustees of Greater Ft. Lauderdale
Chamber of Commerce---political Action Committee
Finance Chairman of Board of Trustees of Greater Ft.
Lauderdale Chamber of Commerce---political Action
Committee
Member of Executive Committee of Greater Ft. Lauderdale
Chamber of Commerce
Treasurer of Greater Ft. Lauderdale Chamber of Commerce
Chairman of West Broward Div. Greater Ft. Lauderdale
Chamber of Commerce
Vice President-Area Councils, Greater Ft. Lauderdale
Chamber of Commerce
Chairman-Consumer Services Task Force, Greater Ft.
Lauderdale Chamber of Commerce
Member of Long Range Planning Committee, Greater ft.
Lauderdale Chamber of Commerce
Member of Commerce Reaccrediation Committee, Greater Ft.
Lauderdale Chamber of Commerce
Chairman, Individual Gifts Committee - American Cancer
Society
Chairman of Leadership Broward IV
Co-Chairman of Leadership Broward III
Member of Board of Directors of Junior Achievement
Member of Junior Achievement Project Business Advisory
Board
Consultant - Junior Achievement Project Business
Member of Executive Committee of Junior Achievement
Member of Board of Directors of Commerce Club of Ft.
Lauderdale
Chairman of Board of Directors of Commerce Club of Ft.
Lauderdale
President of Commerce Club of Ft. Lauderdale
Vice President of Commerce Club of Ft. Lauderdale
Member of Boca Raton Jaycee's
President of Boca Raton Youth Baseball/Softball Associaton
Director of National Association of Accountants
President of Boca Village Homeowner's Association
Chairman of Educational Council of Unity School, Delray
Beach, FL
Treasurer of Unity School Endowment Fund of Unity School,
Delray Beach, FL
Married, wife Lori
Three daughters - Loren, Jamie, Jodi
Has lived in Delray Beach, FL for the last 8 years and
in Palm Beach County for the last 17 years
CITY OF DEL RAY BEACH
BOARD MEMBER APPLICATION
Cli'1' 6c>(),)flIISS'C.I~
c-'ii'1' e.,l-~RK
HUGH B. GAGE
NAME
I.. 1054 Del Ha:c-bour Drive Delr'lY 3e'lc'1. Florid9. 33'.>13
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
Retired
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
272-7278
HOME PHONE
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Downtown Development Authority
Flqnnin~ ~ Zoni~~ Or
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) none
EDUCATIONAL QUALIFICATIONS
See resume
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
None
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
DuPont Comp9.n~-Market DeveloDment
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. See~sll.me
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
M9.Y ;2.1988
DATE
RESUME OF HUGH B GAGE
1937 Gradijate-University of Minnesota
B of Ch.E
1937-/940 - DuPont Co. Industrial Engineering
Division on various plant sites
1940-1943-Du~ont Co. War Construction Plants
on various ordnance sites.
1943-1945- DuPont Kackson laboratory assigned
to Manhattan District Project
1945-1954
1954-1957
1957-1978
Du~ont rlanning Division and
Design Division ISpecial Asst.
to Atomic Eng. lllan,agerJ.
Design Supt. DuPont Chambers Works.
DuPont Photo Products Dept.
Marketing development in fields of
graphic arts and medical X-ray
facility planning and design
...... -'
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME
I Sc If? !'-1P,N
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
6 Sf' f-F+I<-c 11)0 oDe Ct2.G~ E Ncsr jJEI-i<.~Y B::.IKN
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
Vi L-TO 1<.
L ~~#J
II- ,~"'s-7'?
(40'3 If vi .6. 3( 'r
HOME PHONE
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ft-HMvIN~ i cZc/VIl'ic=.
00.<),{,,1"0I/l..' Pe v!Ef--CPMI3/VT .JJ.. v'Tf/OJ<.1 TY
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (please include dates).
EDUCATIONAL QUALIFICATIONS
8 !3 R. ('/ rY {~'- ,-15. (j /5 0 F /11 e JIJ YD.e 1<...
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
e G a. Ii PI F-.17 P v 0-, j c. _ !.k_f:J2.J.'L-Lr t+N
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
..&..&1':1 /,,/Z SE-fYJ.Q.g /?:;Rr)./EI?'I-A/J~jVn-/~L ., !lOR"vfl-TJ.f - c,r A 's .. C/fRIl?#I nA-' Dr Ire
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CH(I-IIZMP-J>J ~ Clf'.o..e I~ /)./;)Us. TRIEs." r"-~TO,v /V..J,
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. f,'IE-PIZ!3-.:i0JVTI:SP (uJ:JVr( /# MM"..'r~1URI,N"t?. r/,k'/1/<(J=- ~ J'::'/=(~,-
J::',TJ=rr~_ 't --S'~f]iJ,c6. l~p'/'SLJ?!.I3.S - iSt'!/.wLD MeN18/~1! 'r C/-J~fJ;:!MJ~f) r.."F )V\'Ft:
_CJ2./VIP~'f.J/~S - C<l,;,'t-JT/?..y Ct-V{;S CiVIC .iJ..R6j:}jV'I"Z1) TIC/fiLS
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACT.S CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
'~
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~~:t(r>i -=::.....__ ?~_____
SIGNATURE
7kli.... Y)4J'r
--------r -ntTEL-----------
655 Lal.:ewoode Circle West
Delray BeacL. fL 33445
VICTOR I. SG(PHf;,;/
gd/,);. lli/& ~ I q/i - J)...,r",h.=IU' .BEL-S/"'",!
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
C II '( C" ,n (}1 IS', I , '"
C ,','1 C::. II--f.. r: K
FRANKLIN D. WHEAT
NAME
8 BONSAI DRIVE, DELRAY DUNES GOLF & COUNTRY CLUB, BOYNTON BEACH, FL. 33436
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
15 SOUTHEAST SIXTH AVENUE, DELRAY BEACH, FL. 33483
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
407-737-3600
HOME PHONE
407-278-8400
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING DOWNTOWN DEVELOPMENT AUTHORITY
PLANNING & ZONING
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) NONE
EDUCATIONAL QUALIFICATIONS BS, ACCOUNTING, FLORIDA SOUTHERN COLLEGE, 1961,
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
REALTOR (1974), GRADUATE REAL ESTATE INSTITUTE (1975), CERTIFIED RESIDENTIAL SPECIALIST
---r;g79), CERTIFIED REA1-rSTATE APPRAISER (1988), GENERAL IN~CE AGENT (1985)
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION FRAN~L:N D. WHEAT, INC
REALTOR. LQWNER). GRINGLE & DOHERTY. INC. REALTOR. (ASSOCIATE). 1974-194 OUAIL RIDGE
GOLF CLUB. SALES '1972-1974. ENDZONE COCKTAIL LOUNGE & RESTURANT OWNER..... 1967-1972
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. SALES & APPRAISALS OF REAL ESTATE IN GREATER DELRAY SINCE 1974, DIRECTOR &
PRESIUENT DELRAY bEACH CHAMBER OF COMMERCE, 1985-1988. CHAIRMAN OF LEGISLATIVE AFF0IRS
COMMITTEE DELRAY CHAMBER OF COMMERCE, 1987-1988
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
~~~~~ Q~L/
SIGNATURE
May 10, 1988
DATE
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Page 3
/
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...............-
HOUSING AUTHORITY ..............~
Year Term) .....",
'.
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/~.
DELRAY BEACH
(Four
Orig.
~.
::;1...iJ.......,."""J
Mr. Robert Hutzler Cr c,~ 10/84
Mr. Eugene Strews 9/85
Mrs. Rosetta Rolle 7/85
Mr. Leonard Syrop", 10/84
Mr. J.W. Thomas \c'-"v"......V 10/75
Mr. Michael Plum 7/86
Mr. David Hornsby 7/86
Member (5)
Expire
7 /14/86
7 /14/86-
7/14/89
7/14/88
10/27/87-
7/14/90
7/14/90
DELRAY BEACH HUMAN RELATIONS COMMITTEE
(Two Year Term) (Not to exceed 14 members)
Member Orig.
(One by each Commissioner) ~. Expire
Vacancy 3/15/89
Stanley Watsky 3/85 3/15/89
Joseph Valentino 6/87 3/15/89
Jeanette Slavin 11/86 3/15/90
Member (Nacirema Club)
Tommie Stevens 3/85 3/15/89
Preston Wright 11/87 3/15/90
Nadine Hart 3/85 3/15/89
Member (NAACP)
Willy J. Spivey 4/87 3/15/90
Annetta Baldwin 7/86 3/15/90
Clifford Durden 7/86 3/15/90
Member (Chamber of Commerce)
Mark Little 3/88 3/15/90
R)Jsty Rusillo 3/88 3/15/90
Tom Patterson 3/88 3/15/90
HISTORIC PRESERVATION COMMISSION
(Created by Ordinance No. 13-87)
(Two Year Term after initial appointment)
(Three Year Term)
Orig.
Appt.
Expire
Clemmer Mayhew, III (V-Chrmn)
David Nathanson
C. Spenser Pompey
6/9/87
6/9/87
6/9/87
6/9/90
6/9/90
6/9/90
(Two Year Term)
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Ci-ry c,ull1fllISS'C.I~
c"1-r'( c:..l-l'RK
NAME
HUGH B. GAGE
L 1054 Del :!a!'bour Drive Delr'lY 3e'lc'l, Florid9. 3J'.j.PJ
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
Retired
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
272-7278
HOME PHONE
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Downtown Development Authority
Pl. ~ nr
'lnnln~ ~ 6onin~ u.
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) none
EDUCATIONAL QUALIFICATIONS
See resume
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
None
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Duront Comp9.n~-Market Development
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. See~s~rne
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
M9.Y ;2.1988
DATE
RESUME OF HUGH B GAGE
1937 Gradijate-University of Minnesota
B of Ch.E
1937-1940 - DuPont Co. Industrial Engineering
Division on various plant sites
1940-l943-Du~ont Co. War Construction Plants
on various ordnance sites.
1943-1945- DuPont Kackson laboratory assigned
to Manhattan District Project
1945-1954
1954-1957
1957-1978
Du~ont ~lanning Division and
Design Division QSpecial Asst.
to Atomie Eng.ll1an,agerl.
Design Supt. DuPont Chambers Works.
DuPont Photo Products Dept.
Marketing development in fields of
graphic arts and medical X-ray
facility planning and design
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME
Vi LTO R. I SE IP /0p,N
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
6 SJ/ A- t+K-c I1i u () D E. C iZ. G d3 N Es -r jJ E /.. fU+ y B~/K /1 h- 3::: 1"-'1..1
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
(If.o-g If <(1 . b 3(. 'T
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING f;..,p/V'#IN~ I 2/)/vl;ti6-
OC>oUN7"i-VA.; Pevct-CPI-1/3IVT -.B..vrf/OIU TY'
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (please include dates).
EDUCATIONAL QUALIFICATIONS
813ft. ('trY (;"<.-L.F-(jE OF /V/3N YORI<.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
e f3 fJ.. -r I r I F-.2.. P () 0-, ; c.. _lts:._"'..J2.k.'L-Lr ...Ai
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
..&i..&.I':1Gi<-_S''';tY~lhR.rNER.l-AlJGj>JTf-IN~ 1IfoR.VV~TJ+ - erA's -{>fFIIJV-1i?.A...' Dr Ir,
Nrr-r/tJN{+f.,- r-"!OA)CLJ......- /}<rSIOrE.AJT OF fhC.V'/'t-TlI 1 H()J!..IAlI+T/-/ /.NrlE/~jVr1j;C't'JAt-
CHtrllZM/)-)J - CI/ZCt-c ,= INPI/'..s: rates.- 1n.&#TO~ /V..J
DESCRIBE EXPERIENCES I SKILLS OR
THIS BOARD. f\'&1'11f~'e-/VTl;P CLIP/vT(
F~7HTr= y S~",)(C';' I";PI/:SL~C:.S-
_(J2jv1 P A-AJ I ~ S - C (l ..:.' tV II?- Y c.. i- U I!; S
KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
1/.1 Mf.JAI/,irfrS::TU (2//'-J -& .F/~!/,.ft( IE- - J~/=r~ L-
'&",1+./1...0 Me^,18/~a. 'r C4t://~MJ~j>J ,-"'F J./\'F=tf
CiV,C .f2J?61+/V', 'ZI) TIO;<J.-S
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACT.S CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
'~
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SIGNATURE
?ka V)<-fJ--
--------~_n~TEL-----------
655 Lakewoode Circle West
Delray BeacJ.. fL 55445
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CHAI'-/T1>t3LE. ~
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
C {.or '{ C- "," IYl (Y'l I S S I c.. '"
~ (TY t lh.f.J!. K
FRANKLIN D. WHEAT
NAME
8 BONSAI DRIVE, DELRAY DUNES GOLF & COUNTRY CLUB, BOYNTON BEACH, FL. 33436
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
15 SOUTHEAST SIXTH AVENUE, DELRAY BEACH, FL. 33483
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
407-737-3600
HOME PHONE
407-278-8400
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING DOWNTOWN DEVELOPMENT AUTHORITY
PLANNING & ZONING
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) NONE
EDUCATIONAL QUALIFICATIONS BS, ACCOUNTING, FLORIDA SOUTHERN COLLEGE, 1961,
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
REALTOR (1974), GRADUATE REAL ESTATE INSTITUTE (1975), CERTIFIED RESIDENTIAL SPECIALIST
---rTg79) , CERTIFIED REAI-rSTATE APPRAISER (1988), GENERAL INSURANLE AGeNT (1985)
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION FRANKLIN D. WHEAT. INC
REALTOR. (QWNE~GRINGLE & DOHERTY. INC. REALTOR. (ASSOCIATE). 1974-1984. OUAIL RIDGE
GOLF CLUB. SALES 1972-1974. ENDZONE COCKTAI L LOUNGE & RESTURANT OWNER..... 1967-1972
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. SALES & APPRAISALS OF REAL ESTATE IN GREATER DELRAY SINCE 1974, DIRECTOR &
PRESIlJENT DELRAY bEACH CHAMBER OF COMMERCE, 1985-1988, CHAIR~ftAN OF LEGISLATIVE AFFtdRS._
COMMITTEE DELRAY CHAMBER OF COMMERCE, 1987-1988
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
.~~~~~ yQ~L/
SIGNATURE
May 10, 1988
DATE
.WVUJ...U..-=> u..J.lu.. \...oUHl...dl.J...'-'-Ct;;.:::I - 1.:"'00
Page 3
I
--
.~
-------------
-' "'-.
DELRAY BEACH
(Four
.-........
...............
HOUSING AUTHORITY ~~
Year Term) ""-
"
\
\
\.
Orig.
~.
iJ....>\-(_......e~
Mr. Robert Hutzler ('r-::\.-."~ 10/84
Mr. Eugene Strews 9/85
Mrs. Rosetta Rolle 7/85
Mr. Leonard Syrop, ,. 10/84
Mr. J.W. Thomas \ ,,,,.,.+-V 10/75
Mr. Michael Plum 7/86
Mr. David Hornsby 7/86
Member (5)
Expire
\
I
7/14/86- I
7 /14/89 I
7 /14/88 -)
10/27/87_
7/14/90
7/14/90
/
7/14/86
---~-~---"-
DELRAY BEACH HUMAN RELATIONS COMMITTEE
(Two Year Term) (Not to exceed 14 members)
Member Orig.
(One by each Commissioner) ~. Expire
Vacancy 3/15/89
Stanley Watsky 3/85 3/15/89
Joseph Valentino 6/87 3/15/89
Jeanette Slavin 11/86 3/15/90
Member (Nacirema Club)
Tommie Stevens 3/85 3/15/89
Preston Wright 11/87 3/15/90
Nadine Hart 3/85 3/15/89
Member (NAACP)
Willy J. Spivey 4/87 3/15/90
Annetta Baldwin 7/86 3/15/90
Clifford Durden 7/86 3/15/90
Member (Chamber of Commerce)
Mark Little 3/88 3/15/90
R)Jsty Rusillo 3/88 3/15/90
Tom Patterson 3/88 3/15/90
HISTORIC PRESERVATION COMMISSION
(Created by Ordinance No. 13-87)
(Two Year Term after initial appointment)
Orig.
(Three Year Term) Appt. Expire
Clemmer Mayhew, III (V-Chrmn) 6/9/87 6/9/90
David Nathanson 6/9/87 6/9/90
I I C. Spenser Pompey 6/9/87 6/9/90
(Two Year Term)
David Martin 6/9/87 6/9/89
Jan Hansen 6/9/87 6/9/89
Evelyn Eberts 6/9/87 6/9/89
Pat Healy (Chairman) 6/9/87 6/9/89
~
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
LttWC/J(C L' Ii!O(Cr
NAME
730 &/J/6'C:A/4/~ /3LV/) ~
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
LJCC<::"~/J y 6Cfio-l- ,;cz. 33-nS-
PRINCIPLE BUSINB'SS STREET 'ADDRESS, CITY, ZIP
498- 766/
HOME PHONE
368-0~:<:<'"
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENYLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) ~~~
EDUCAT:j:ONAL QUA.LIFICATIONS /3/3/1--- Nd/VC-.s.J ~_dA.J.rfrliJ~
('.f"(:hr;?~ en -.2mCj'C/C:.5,L..Pi'1!...JAJ(,; D/I't''''7,c~'(_ AD;nllVS7.IU7ro/l Y 0-".(
,ff)Pln1__ /'/Js L _ ,. ..
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
GIVE YOU;7, PRESENTJ OR MO~RECENT EMPL~ER, AND POSITIqN ~~!11
f4'hn- _..tl.3/;?/C ~~~,v ~ (Y~ ~V:S-)
~C~.v7-L.v' ,J!=kj,filcvC'/ ;' , /.Jrlr ) r" ',-j . /fEll 1<0.5'5
/ ' /
DESCRIBE EXPERIENCE~ SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. 6:a;'}J; o~ &~I'L"/',(k &S~/lCSS ;k'CA/Cc:... ~Q-v J;ocfhu41an ,
..-?/""'''-- ;5'/</. <- rr Ie /<O/-e/CL //)/. C. ~ ;1r{k'M:J.
'CC5~ . ell ,<,1[/ .::J/<, 'If 17"'( Vr-4f.f C',1' 7<fcp1r /- rb'/uf fl!2 effleri' .
L I v I
PLEASE ATTACH A BRIEF RESUME.
I.HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
/
/rM2?UC(./ I~ aIle>,,/
SIGNATURE
;Z.. 3 /1iU.' /~'llf;
~TE-----
I
CITY OF DELRAY BEACH
.BOARD MEMBER APPLICATION
NAME
C 'if n:<-L <'AI' f , "^' C -?1 eLl , "1
( C' n'd t '). (i ( (l CLu-1lU.1 ~ ~ tl(1) .I. 4e('~ ~ (/I
STREET ADDRESS, CITY, ZIP (LEGAL R~SIDENCE) I ~.
HOME
\
s '<; ~( ),;"-J-
PRINCIPLE
ADDRESS, Clry, ZIP
~ 7~ -n'S'2})
HOME PHONE r
BUSINESS PHONE
ON WH~~OA~.~ARE YOU INTERESTED IN SERVING -ro),\ (~<\ 1'v 11..f/,g), . @,'Ij.
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) I) /it-
- I
EDUCATIONAL QUALIFICATIONS'
<C.,,? 0
......
....&.C
A "'__O~_7r
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
~ ) ~ -.-------
GIV PRESENT, OR MOST RECENT EMPLOYER, AND POSITION~ClI..~ ,- iU('o../-:~ '
,qx7
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
T HIS BOA RD.~....osLQQ A P N-.u''^-L-
,
PLEASE ATTACH A BRIEF 'RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL. FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
. . - :/{ b
. / /t..<-et......-.?1/ Le.- Vl rU.~
. SIGNATURE. ()
f/ ....~
-I /Lt-'Uvf;t.L j~ '1!~~iOY1 ~ I.-vl.:yY /9{(G"
DATE
3b
~,..:.~c;., ..,,,,.__,..;i~ (.it, iL.._ ..'_.'.';'_;~4
189 Bradley Place
. Palm Beach, Florida 33480
(305) 655-3003
Birthdate: June 5, 1953
Social Security Number: 057-50-3769
EDUCATION
Villanova University School of Law - Villanova, Pennsylvania'19085
J.D. Received May 1980
Class Rank - Top Third
International Law Society, Co-chairperson
Women's Law Caucus, Co-chairperson
Juvenile Justice Clinic
University of Hawaii - Honolulu, Hawaii
B.A. with Honors August 1975
Major - Political Science - Honors Program
World Campus Afloat - Chapman College - Orange, California
Completed freshman year on boat and land campus. Spring 1971
Dean's List
LEGAL EMPLOYMENT
"
Lesher, Allen & MacMillan
189 Bradley Plal\e .
Palm Beach, FlorIda 33480
Lesher & Allen
189 Bradley Place
Palm Beach, Florida 33480
10/1984 to Present
12/1982 to 10/1984
'..
Partner.. Practice includes real estate, corporate, literary, creative and intellectual property,
copyrights, trademark, licensing, franchising, distribution, media and enter~ainment law.
Specializing in business, Emtreprenurial and governmental strategies.
Sparber, Shevin, Rosen, Shape & HeUbronner, P.A.
189 Bradley Place,
Palm Beach, Florida 33480
7/1981 to 12/1982
Associate specializing in general business practice, including real estate, litigation, corporate
and administrative practice, contract drafting, limited partnerships, shopping center lease
negotiations, the development of branch office and local counsel for State of Florida,
Department of Regulation and Department of.. Risk Management and Florida Real Estate
Commission.
Lubin & Hamill, P.A.
P.O. Box 2992
1018 Clearwater Place
West Palm Beach, Florida
11/1980 to 7/1981
Law Clerk and Associate specializing in general business practice and civil litigation.
t
(continued next page)
cont./Cynthia G. T. 'Allen' ume
Page 2 '
LEGAL EMPLOYMENT, cont.
Hon. A. Leon Higginbotham, Jr.
U.S. Court of Appeals - 3rd Circuit
601 Market Street,
Philadelphia, PA 19106
Summers 1978 and 1979, and through the 1979-1980 school term - Law Clerk and Research Assistant
Legal Affiliations
Florida Bar
Southern District of Florida
U.S. Court of Appeals 5th and 11th Circuits
American Bar Association
Palm Beach County Bar Association
Florida Women Lawyers Association
Business Affiliations
Executive Women of the Palm Beaches, Inc., (Founder and President-1981-1983) (Director-1983-1985)
The National Organization of Women Business Owners (NOWBO), (1982-1984)
The Forum Club, (1983-present)
Florida Motion Picture & Television Assoc. - 1983
Palm Beach Chamber of Commerce, (1981-present)
Community Affiliations
Palm Beach County Commission on the Status of Women (Member - 1983-1984 term) (Chairperson-
1984-1985 term)-redrafted founding ordinance and catalyzed the creation of Aid to Victims
of Domestic Assault (AVDA)
Palm Beach County Women's Political Caucus - affiliated 1983-present (1984-1985 Vice President)
The Hunger Project - Briefing leader - affiliated 1977-present; invited by Jamaican Hunger Project
to participate in a week of briefings, radio and television interviews focused on Hunger in
Jamaica; presented testimony to National Democratic Platform Committee on Hunger in
America, (1984)
The Holiday Project - affiliated 1976-present
Initiator of the Golden Gators Urban Vegetable Garden Project - 1984
Young Democrats of Palm Beach County - 1983-present, co-creator
Democratic Executive Committee - Chairperson of the Sub-Committee on Environment, Ecology &
Resources - 1984.
WO/Ilen's Coalition of Palm Beach County - Vice President _ 1985
Futures Group of Palm Beach County - created initial meeting and worked with the set up of the
organization through its first year.
"New Democrats Action Group" - catalyzed and organized first meeting for 50 of Palm Beach
County's leading young Democrats to begin a conversation for vision and action for the
Democratic Party in Palm Beach County.
Honors, Awards or Special Recognition
1984 - Inclusion in Who's Who of American Women, 14th Edition.
1985 - Featured by Channel 12 (WPEC) as one of Palm Beach County's Women to Watch.
1985 - Sun Sentinal, Sunday, February 9, 1985 - Included in Article of "Who's Who for 1985".
1984 - Inclusion in Who's Who of Outstanding Women in Florida.
t
I!!J IVERSIF. ~
]!-=:J ESIGN
ENTERPRISES
~QJf
Phone: (305) 278.5221
321 N. E. Second Ave.
Delray Beach, FL 33444
March 29, 1988
City of Delray Beach
100 NW Frist Avenue
Delray Beach, Fl. 33444
Re: CEB Case No. 87-1723
Attention: Mr. Walter Barry - City Manager
Dear Mr. 'Barry:
The building department has advised that I must appear
before the City Commission to secure a variance so that the
matter can be cleared up.
By this letter, I request space on the Agenda of the next
City Council Meeting to make a formal request for relief
in the matter.
Thank you,
Sincerely,
A e?~~
WMM/rf
~..- .....
RECE\V':~
_3088
DEVEL.C,,:~~~T & .,
\NS'i"L:.,-,lluN _'
_., =-~.~,~,~.,~r>rl=-l~
~1
DEPA8™ENTAL
CORREBt'ONDENCE
TO Walter o. Barry, City Manager
[ITY DF
DELRAY BEA[H
~~~
FROM Martin O'Shea, Acting Chief B
Landscape Variance for 321-323 NE 2nd Avenue
SUBJECT
UAll 5/17/88
Attached please find a letter from William M. Merkel requesting to
appear before the City Commission for a landscape variance and the
landscaping plan approved by the Community Appearance Board on April
13, 1985.
The following deficiencies must be corrected or receive a variance in
order to be in co~pliance with the code:
1. Replace missing Black Olive tree on west side of property
(12' height)
2. Replace missing section of hedge on west side of property
(24" minimum height)
3. Replace missing section of hedge at southeast section of property
(24" minimum height)
Mr. Merkel is requesting a modification of the requirements of the
Landscape Ordinance, Chapter 9, Article X, Section 9-378 (d), through
the procedures enacted in Section 9-382. The landscape plans were
approved through the Communi ty Appearance Board in 1985. The owner
was recently cited for non-compliance of landscape maintenance and
conformity with the approved plan.
Mr. Merkel is requesting a waiver from the requirement to provide
landscaping within the required landscape strip adjacent to the right-
of-way. This requirement would necessitate the installation of a hedge
a minimum of two (2) feet in height at the time of installation, and a
tree, no less than twelve (12) feet in height, with a six (6) foot
spread at the time of installation.
Per Chapter 9, Article X, Section 9-382, the City Commission could
authorize a modification of the requirements, if it is determined that
the requirements would not be feasible or would constitute a hardship.
CM 362
THE EFFORT ALWAYS MATTERS
Walter o. Barry
May 17, 1988
Page two
Upon review of the request, I cannot support the modification of the
requirements as the installation of the required plant materials does
not constitute a hardship. These materials were installed at the time
the certificate of occupancy was issued, and therefore, is feasible.
Additionally, the properties on each side have hedges and trees in the
same proximity to the street as his property with no apparent
problems. The subject property is located within the Pineapple Grove
District, which is making a stand to improve the appearance of the
area.
It is my opinion that the landscaping should be in conformance with
the Code of Ordinances, providing for a more pleasing aesthetic effect
in the Pineapple Grove District.
Please schedule for the May 24th Commission meeting.
MO:DQ
Attachments
Disk - City Mgr
A:Merkel
~,~1
JI" .
CASE NUMBER C.E.B. 87-1723
William M. and Eileen Merkel
321-323 NE 2nd Avenue
Delray Beach, FI 33444
Legal: Lot 9, Block 81
The Building Inspection Division of the Department of Inspections and Code
Enforcement of the City.of Delray Beach, Florida, notified William M. and
Eileen Merkel of an alleged violation of Chapter 9, "Building and
Construction", Section 9-378(b) of the landscape ordinance relative to
la~dscaping deficiencies at the above subject location.
Robert Kussner, Landscape Inspector, appeared before the Board.
the landscaping violations being a tree and sections of hedge on
and sections of a hedge missing on the southeast side.
He reviewed
the west side
Mr. Merkel appeared before the board. He stated his disagreements concerning
the hedge to be replanted on the west side of the property and the original
landscape plan requirements. He requested that he have additional time to be
allowed to appear before the Community Appearance Board to revise his
landscape plan.
Bob McDonald made a motion to table formal action for 60 days in order to
allow Mr. Merkel enough time to appear before the Community Appearance Board
or if a decision has not been rendered by the Community Appearance Board, then
a $25.00 per week fine shall be imposed for each week that the violations
continue to exist, seconded by Perry DonFrancisco; motion passed unanimously.
,12- '1 ,~L,
[ITY DF DELRAY BEACH
CITY ATTORNEY'S OFFICE
'ii,',I!
II! ',h: \1 1;'I(II<:IJ\ '_1_
'..1E'WRANDUM
Date:
May 13, 1988
To:
Walter O. Barry, City Manager
V-'
From: Herbert W. A. Thiele, City Attorney
Subject: Delray Beach Golf Course RestHurant and Bar License Ag-repment
Matters
This memorandum will confirm our recent conversation concerning- two matters
involving' the license ag-reement with Mr. Miller for the operation of the
restaurant and bar at the Delray Beach Municipal Golf Course.
Specifically these two matters concern your request to extend the restaurant
and bar license Rg-reement so that it will have a termination date which
coincides with the termination date of the license ap'reement for the operation
of the golf course itself, as well as with a p,.oblem with the curre"t licensee
complying with the license agreement requirement for the posting of a bond.
As to the continuation of the ap'reement matter, it would be my opinion that
the City Commission may extend the agreement for the necessarv neriod of
time by motion approving the amendment to the agreement. and furthpr that
this extension for purposes of bringing the two license agreements into line
does not and will not trig'g'er the other provisions of either of the license
agreements wherein Mr. House was provided with the right of first refusal for
future license agreements for the operation of the restaurant and bar facilit".
n V~
v
As to the second matter, while it is indeed a requirement of the restaurant
and bar license agreement that such a bond be provided, the City Commission
may modify this requirement in two ways. The first would be to specifically
delete that requirement or to require another form of security bv approval of
a written modification to the agreement. The second methodology would be to
declare by motion that the requirement in the license agreement need not he
complied with by the licensee due to impossibility. It is my understanding
that Mr. Miller has represented to the City Administration that he is not able
to obtain the requisite bond ~ven the current insurance market.
In all of the above instances, we would recommend
which the City Commission should approve at an
Commission meeting-.
that these are matters
upcoming regular City (; l(
If you have any further questions or desire the Citv Attorney's Office to
prepare any necessary documentation, please contact me at your convenience.
~jW
cc: City Commission /)9..
David M. Huddleston, Director of Finance ,:::)l)
Joseph Weldon, Parks and Recreation Director
FROM
Joe Weldon
Director of Parks and Recreation
[ITY OF.
DElRRY BEAtl;
~
~.Ci
DEPAF -MENTAL
CORRESPONDENCE
Walter Barry
City Manager
TO
Restaurant Bond - $25,000
4/4/88
DATE
SUBJECT
Gerald Miller, licensee of the restaurant
has been unable to secure a $25,000
performance of the contract as spec if ied
contract.
at the golf course,
bond for faithful
by Item #31 of the
I discussed the possibility of
indicated his bank wanted him
would charge him $1000 for
complied with the $5000 Letter
a Letter of Credit and Mr. Miller
to deposit the $25,000 and then
the Letter of Credit. He has
of Credit specified in Item #31.
I recommend that the requirement for a $25,000 bond not. be
pursued until the next contract (January 9, 1989) at which time
other options to protect the City's interest may be explored.
Item #27 allows the Agreement to be modified with the approval
of City Council.
Please advise.
Parks and Recreation
JW:cc
Attachment
cc: Lee Graham, Risk Manager
Herb Thiele, City Attorney
CM362 THE EFFORT ALWAYS MATTERS
DEPAhCMENTAL
CORRESPONDENCE
TO
Joe Weldon, Parks and Recreation Director
[ITY DF
DElRAY BEA[H
~~(i
FROM
Lee R. Graham, Risk Management Administrator
SUBJECT
Golf Course Restaurant Bonding Matter
2/26/
DATE
The problem of contract compliance involving the financial guaranty bond
required of the golf course restaurant licensee has been brought to my
attention for possible assistance and advice. As you may recall, after
reviewing the insurance requirements of the restaurateur Gerry Miller, I was
able to direct him to a local reputable property and casualty agency who
saved Mr. Miller $9,000.00 per year on his account. He seems grateful to the
City for our help.
In the bonding case, however; thQ situation is
guaranty bonding is much like asking for a bank
one's financial position including capitalization,
history and overall net worth.
less Bolvable. Financial
loan. It is a matter of
credit position, long term
I discussed the problem with Gerry Miller's insurance agent. We reviewed all
of the possible bond markets without success. It was just not available.
Bonding companies know that the principal sum of the bond is totally at risk
to them, while the premium is negligible for the exposure. This fact causes
the bonding companies to make a conservative decision, which is to refuse to
issue such a financial guaranty.
It should be understood that the inability to secure such a bond is not
necessarily a reflection of credit unworthiness nor trustability. Sometimes
the lack of other business with the insurer, or a lack of long history in the
community might be the reason for the unavailability of the bond.
Bonded situations are always better than non-bonded situations, but I am
reminded that the previous licensee of the restaurant did not comply with the
bonding portion of the contract.
In summary, I genuinely believe that Gerry Miller cannot obtain a financial
guaranty bond. The current situation therefore involves a decision by the
City as to whether to hold the contract to the letter, or whether to relax
the standard. Perhaps another financial assurance might be arranged with Mr.
Miller involving some sort of escrow account or funds held in abeyance to be
called U&? in the event of a default situation.
,0") I
LRG / smiJ/ .
,."'" ~'~-"',
cc: Robert A. Barcinski, Asst. City Manager
David M. Huddleston, Director of Finance
I
CM 362
THE EFFORT ALWAYS MATTERS
'fYt ljdA'ftl
-
Florida Power & Light
P.O. Drawer D
West Palm Beach, Florida 33402,-3435
May 12, 1988
Mr. Walter Barry, City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Re: Temporary Use Agreement
Dear Mr. Barry:
This is to advise you that Florida Power & Light Company has no
objection to the City of Delray Beach placing a portion of a
water adsorption unit on a 15' x30' area on the East property
line of Florida Power & Light Company's Germantown Substation
site located on S.W. 10th Avenue. The use of this property is
temporary and is not to exceed two years from the date of
acceptance unless mutually extended by both parties. The area
is more particularly described as follows:
In return for permitting the temporary use of this area, the
City shall exercise its privileges hereunder at its own sole
risk and agrees to the extent permitted by law to indemnify and
save harmless Florida Power & Light Company, its parent,
subsidiaries, affiliates, and their respective officers,
directors, agents and employees (hereinafter referred to as FPL
Entities), from all liability, loss, cost, and expense,
including attorneys' fees, which may be sustained by FPL
Entitles, to any person, natural or artificial, by reason of
the death of or injury to any person or damage to any property,
other then when caused by the negligence of FPL Entitles
arising out of or in connection with the use of the land by the
City, its contractors, agents or employees, and the City agrees
to defend, at its cost and expense and at no cost and expense
to FPL Entities, any and all suite or actions instituted
against FPL entities for the imposition of such liability,
loss, cost, and expense, subject to the limitation set forth in
section 768.28(5) Florida Statutes.
At the end of said period, unless otherwise extended, the City
will remove all personal property placed on the land and return
it to as good a condition as existed prior to the installation
of the City facilities.
]1
Mr. Walter o. Barry, City Manager
MAy 12, 1988
Page 2
If this is agreeable to the City of Delray, please sign as
accepted and return a signed copy to me.
Very truly yours,
Accepted:
H.F. Kestner, Jr.
Eastern Division Right-of-Way Date:
and Land Department Manager
HFKJ/me
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
~ ! 'I -; I I,''': i <! I I
\l ill 4
I I I i :\ \., Ii I \ (II, I I () 1< II) \ ~ _; -+ s~
,,~ ..' ,,, 'I
~1"MORANDUM
Date: May 16, 1988
To: Walter O. Barry, City Manager
From: Hp.rbert W. A. Thiele, Citv Attorney
Subject: Proposed Temporary Use Agreement From Florida Power & Light for
Location of Fourth Carbon Filter Unit
Please be advised that the City Attornev's Office is in recp.ipt of corrp.spon-
dence dated May 12, 1988 from H. F. Kestner, Jr. of Florida Power & r,ight
which is II draft of a letter to you set tin!,: forth a proposed license agreement
. for the location of the 'filter unit on thp. nroperty now owned by Florida Power
& Light.
It would be appreciated if you crmld place this agreement on the agenda for
the City Commission to approve on May 24, 1988.
In the interim we will be further discussing the lang-uage of this alr.reement
with Mr. Kestner and specifically with regard to our concerns over the
currently-proposed phrasing of anv indemnity provisions set forth therein.
Specifically, we believe it necessar~' to add a phrase that such indemnification
is "to the extent permissible by law", and further that the clause which
requires the City to indemnify persons even if their injuries are caus,J solelv
by the neg-ligence of FP&L should be deleted from any such agreement.
We will advise you of our further discussions with Mr. Kestner on this
matter.
A copy of the proposed letter received by telecopv from Mr. Kestner on
May 12, 1988 is attached hereto for your review and potential comment. If
you have any further questions, please contact the City Attorney's Office.
'-~
HT:jw
Attachment
cc: Lee Graham, Risk Management Director
Robert Pontek, Director of Public Utilities
Bob Wright, CH2M Hill
Steven Quarles, Esq., Crowell & Moring
~9
~ ,. .:..',:.r~ 0, \"'[$1 r'A' [ACH f U.'idUI ,'!.:IX~ 34:3:, rllnhjf- ISI!;" \,<'-;t:; 7750
May 12, 1988
1==1=1'-
Mr. Walter Barry, City Manager Q~
City of Delray Beach ;Y' \.
100 NW 1st Avenue
Delray Beach, Florida 33444
Re: Temporary Use Agreement
Dear Mr. Barry:
This is to advise you that Florida Power &: Light Company has no objection to the City
of Delray Beach placing a portion of a water absorption unit on a 10' x 20' area on the
East property line of Florida Power &. Light Company's Germantown Substation site located
on S. W. 10th Avenue. The use of this property is temporary and Is not to exceed two years
from the date of acceptance unless mutually extended by both parties. The area is more
particularly described as follows:
In return for permitting the temporary use of this area, the City shall exercise its privileges
hereunder at its own sole risk and agrees to indemnify and save harmless Florida Power
&: Light Company, its parent, subsidiaries, affiliates, and their respective officers, directors,
agents and employees (hereinafter referred to as FPL Entities), from all liability, loss,
cost, and expense, including attorneys' fees, which may be sustained by FPL Entities,
to any person, natural or artificial, by reason of the death of or injury to any person or
damage to any property, whether or not due to or caused by the negligence of FPL Entities
arising out of or in connection with the use of the land by the City, its contractors, agents
or employees, and the City agrees to defend, at its cost 'and expense and at no cost and
expense to FPL Entities, any and all suits or actions instituted against FPL entities for
the imposition of such liability, loss, cost, and expense, subject to the limitation set forth
in section 768.28(5) Florida Statutes.
A t the end of said period, unless otherwise extended, the City will remove all personal
property placed on the land and return it to as good a condition as existed prior to the
installation of the City facilities.
If this is agreeable to the CIty of Delray, please sign as accepted and return a signed copy
to me.
Very truly yours,
Accepted:
H. F. Kestner, Jr.
Eastern Division Right-of-Way
and Land Department Manager
Date:
HFKJ/rr
j
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
:'1". I 1< '-i I 1<1 I I \i III
i 'i , i, \ ') HI \ I' i I I I ) 1-: II .1 \ ; ~ J" ; : I" '1'
r1EMORANDUM
Date: May 17, 1988
To: Wal.ter O. Barry, City Manager
From: Susan A. Ruby, Assistant City Attorney
Subject: Settlement Offer in the Case of Wal.ker vs. the City
of Delray Beach, Florida
This case arises out of an accident which occurred on
December 4, 1983 at N.W. 1st Street and N.W. 11th Avenue in
Delray Beach between a pOlice vehicle and another vehicle
. driven by Diane Bouie, wherein nearby pedestrians alleged that
they sustained injuries when they attempted to avoid being hit
by t.he vehicles. The City settled the original suit between
t.he City and the driver of the other vehicle in ,september of
1987.
In t.his related but separate suit,
following damages in settlement of
City:
the pedestrians seek the
their lawsuit against the
1.
Kimba Coleman
$ 2,500.00
2 .
Valerie Walker
35,000.00
3.
Mary Coleman
25,000.00
12,000.00
4.
James Coleman
The City Attorney's office
settlement offers.
recommends denial of
these
Please place these settlement offers on the May 24th agenda for
City Commission consideration.
~f
40
TO
FROM
SUBJECT
CM 382
DEPAPTMENTAL
CORREvPONDENCE
WALTER O. BARRY, CITY MANAGER
KERRY B. KOEN, FIRE CHIEF
MEDICAL DIRECTOR CONTRACT
[ITY OF
DELRAY BEA[H
~~(i
DATE
5-4-88
Section 401.265, Florida Statues, requires each municipality
providing pre-hospital Advanced Life Support Services to employ a
Medical Director to oversee the medical aspects of this type of
program. The attached contract relates to a proposed agreement
between the City of Delray Beach and Dr. Joseph R, Yates, M.D. to
provide these services.
This contract replaces one currently in effect with Dr.
Kenneth Lee, M,D. who has served as our Medical Director since
September 23, 1986. His original contract was renewed by City
Commission action on October 27, 1987. Dr. Lee has now requested
termination of this agreement due to the expansion of his general
practice which precludes continued participation as Medical
Director. A copy of Dr. Lee's request is attached suggesting a
June 1, 1988 termination date. The Fire Department has no
objection to this date.
I had discussed Dr. Lee's intention to withdraw from the
contract with a number of physicians in the community and
accordingly, I solicited letters of interest and curriculum
vitae's for consideration. As a result, four expressions of
interest were received. The qualifications and CV's of the
interested physicians were reviewed separately by:
1. The Department's Emergency Medical Service Standards
Committee
2, The Paramedic Officers as a group
3. The Paramedic Coordinator
Each reviewer or review group was asked to submit to the
Fire Chief a consensus list in rank order for consideration.
Each rank order list produced the same first choice candidate,
Dr. Joseph R. Yates, who presently is the Medical Director for
the Emergency Department at Bethesda Memorial Hospital. I concur
with their findings and recommend Dr. Yates to you and the City
Commission to serve as our Medical Director subject to terms of
the contract, The proposed contract has been reviewed by Dr,
THE EFFORT ALWAYS MATTERS
~\
Yates and
effect with
action.
is acceptable to him. It is the same contract now in
Dr. Lee with no increase in cost resulting from this
Copies of the various Curriculum Vitaes and the results of
the department evaluation process are attached for your review.
Should you have any questions concerning this action, please
contact me. I request this matter be placed before the City
Commission for their consideration at their regular meeting on
May 24, 1988.
)<~~.\~.
Kerry B. Koen
Fire Chief
KBKjew
Attachment
cc: Capt. Trawick
Asst, Chief Wigderson
.
I
AGREEMENT
THIS AGREEMENT made and entered into as of the date last
written below, by and between the City of Delray Beach, a Florida
municipality, located in Palm Beach County (hereinafter, referred
to as "CITY") and JOSEPH R. YATES, M.D., a Florida licensed
physician (hereinafter referred to as "MEDICAL DIRECTOR").
WHEREAS, the CITY desires to employ a MEDICAL DIRECTOR for
the advanced life support services provided by the Fire and
Emergency Medical Services Department of the City; and,
WHEREAS, the MEDICAL DIRECTOR desires to be employed by
the CITY to supervise and accept responsibility for the medical
performance of Emergency Medical Technicians (EMT's) and
Paramedics functioning for the Emergency Medical Services system
of the Fire and Emergency Medical Services Department of the
CITY, under the provisions of Chapter 401, Florida Statutes.
NOW THEREFORE, in consideration of the mutual promises and
benefits as set forth herein, the CITY and the MEDICAL DIRECTOR
agree as follows:
I. The MEDICAL DIRECTOR agrees to both directly and
indirectly supervise and accept responsibility for the medical
performance of Emergency Medical Technicians and Paramedics
functioning for the Emergency Medical Services System of the Fire
and Emergency Medical Services Department of the CITY. Such
supervision shall be accomplished by, though not limited to:
a. Actual accompaniment of Paramedics on rescue
calls,
b. Monitoring of radio transmissions to emergency
facilities,
c. Review of rescue run documents, and
d. Conference and/or meetings in both individual and
group situations.
These duties will be performed periodically by the Medical
Director at his/her convenience as often as is necessary to
insure that proper medical standards and procedures are being
followed. The MEDICAL DIRECTOR shall provide the Fire Chief
written reports at least quarterly regarding efficiency and
effectiveness and general performance of the Emergency Medical
Services System.
I i II. The MEDICAL DIRECTOR shall be responsible directly
to the Fire Chief of the CITY; provided, however, that nothing
herein shall in any way authorize any limitation or restrictions
by the CITY or the Fire Chief on the professional acts and advice
of the MEDICAL DIRECTOR. It is recognized that the MEDICAL
DIRECTOR is otherwise fully employed as a practicing physician,
and nothing herein shall limit or otherwise restrict the MEDICAL
DIRECTOR's right to continue such employment and practice,
consistent with this agreement.
III. The MEDICAL DIRECTOR shall perform all services
required of him pursuant to Chapter 401, Florida Statutes, and
the applicable rules of any governmental agency implementing said
Chapter or other established duties required to be performed by
said MEDICAL DIRECTOR, or upon notice from the CITY that such
additional duties have been established by the Florida Department
of Health and Rehabilitative Services.
IV. The MEDICAL DIRECTOR shall be directly responsible
for the medical performance of Emergency Medical Technicians and
Paramedics functioning for the Fire and Emergency Medical
Services Department of the CITY and shall have full authority to
direct and supervise their medical activities. The MEDICAL
DIRECTOR shall give necessary instructions to and interview and
consult with EMT's and Paramedics and supervise and arrange such
in-service instructional sessions, or promulgate such rules and
directives, as may be necessary to assure that all medical
services performed by EMT's and Paramedics are in accordance with
proper medical standards and procedures. In addition, the
MEDICAL DIRECTOR shall participate in quarterly general paramedic
staff meetings at a time and date mutually agreeable with the
MEDICAL DIRECTOR and the Fire and Emergency Medical Services
Department; provide at least four hours of didactic lecture
material each quarter; review and comment on content and emphasis
on all elements of in-service training and testing procedures;
and shall initiate a review of all protocols at least every six
months to determine their applicability and appropriateness with
respect to currently accepted emergency procedures. Recommended
revisions of said protocols shall be furnished to the Fire Chief.
V. The MEDICAL DIRECTOR will:
a. Assure the continuous availability of at least
one responsible physician, and determine the qualifications
necessary for a physician to provide responsible supervision of
the Paramedics and EMT's. In addition, the MEDICAL DIRECTOR will
notify the Delray Beach Fire and Emergency Medical Services
Department whenever he/she will be unavailable for whatever
reason, and will attempt to provide 24 hour prior notification of
such unavailability except under emergency circumstances. Such
notification shall be given to the Office of the Fire Chief.
b. Provide liaison services as required and
requested between the Fire and Emergency Medical Services
Department of the CITY and other departments, divisions, boards
and bodies of the CITY, any educational, governmental, or medical
agency or institution relating to the provision of Emergency
Medical Services.
c. Retain the ultimate authority to permit or deny
any Paramedic or EMT the utilization of advanced life support
techniques, basic life support, patient assessment, or patient
st~bilization procedures. Upon request, the MEDICAL DIRECTOR
sh!l~ advise the Fire Chief on disciplinary recommendations
related to medical care.
d. Upon request, participate in the design and
structure of selection procedures for entry level personnel.
e. Upon request, consult with the Fire Chief
regarding promotional testing criteria for incumbent personnel.
VI. Because the MEDICAL DIRECTOR may be subjecting
himself to the risk of certain liabilities by entering into this
agreement, the CITY will obtain and pay the annual premium on a
medical malpractice insurance policy insuring the MEDICAL
DIRECTOR against liability arising out of negligent acts or
omissions of the MEDICAL DIRECTOR in the performance of his
duties as MEDICAL DIRECTOR during the term of this Agreement. If
this insurance policy provides coverage on a "claims made" basis,
the CITY shall continue to provide and pay the premium on this
policy for a coverage period ending not less than four (4) years
following termination of employment of the MEDICAL DIRECTOR. The
provisions of this paragraph shall survive termination of this
Agreement, regardless of whether termination is by the MEDICAL
DIRECTOR or by the CITY, or by expiration of the term of this
Agreement, until four (4) years after termination.
VII. The MEDICAL DIRECTOR shall be paid the sum of One
Thousand Five Hundred Dollars ($1,500.00) per month, for each
calendar month during the term of this Agreement including the
month of October, 1987; provided, that if the annual budget as
adopted by the City Council of Delray Beach for any fiscal year
of the CITY fails to provide sufficient funds to pay the MEDICAL
DIRECTOR as provided herein, this Agreement shall be deemed
terminated immediately upon the adoption of the budget, without
further notice or action by either party. Payment by the CITY
shall be to whomever the MEDICAL DIRECTOR designates in writing.
VIII. In addition to the compensation as set forth in
Section VII, the CITY shall reimburse the MEDICAL DIRECTOR for
registration fees, travel, hotel and meals to permit the MEDICAL
DIRECTOR to attend professional conferences pertaining to
Emergency Medical Services in each fiscal year; provided,
however, that such expenses to the CITY shall not exceed Fifteen
Hundred Dollars ($1,500.00) in any fiscal year, and provided
further that such funds are provided for in the annual budget of
the CITY in any fiscal year during the term of this Agreement.
Selection of any such professional conferences shall be at the
sole discretion of the MEDICAL DIRECTOR, however CITY travel
policy guidelines shall apply to expense categories.
IX. For the purposes of this Agreement, the MEDICAL
DIRECTOR shall be directly responsible to the Chief of the Fire
and Emergency Medical Services Department of the CITY. The Fire
and Emergency Medical Services Department will provide
administrative and secretarial support to the MEDICAL DIRECTOR
through the office of the Fire Chief.
X. The Fire and Emergency Medical Services
Department, through the office of the Fire Chief, shall cooperate
to the greatest possible extent in the delivery of competent
em~rgency medical care, including implementation of the policies
es~ablished by the MEDICAL DIRECTOR.
XI. The MEDICAL DIRECTOR shall be a Florida State
licensed physician who is also:
(a) ACLS (Advanced Cardiac Life Support) provider
certified, instructor certified, an ACLS af.filiate
faculty member (Amercian Heart Association; or
(b) A Board-Certified Emergency Physician, or who has
been previously employed or is currently employed
as an E.R. Physician; and
(c)
Maintains
following
Hospital,
Community
affiliation with one or more of the
medical facilities: Bethesda Memorial
Delray Community Hospital, Boca Raton
Hospital, or John F. Kennedy Hospital.
A copy of all required licenses and certifications shall be
furnished to the Office of the Fire Chief.
XII. The term of this Agreement shall be from the
date herein through May 31, 1989, unless sooner terminated. This
Agreement may be terminated by either the CITY or the MEDICAL
DIRECTOR upon not less than thirty (30) days written notice to
the other party. This Agreement may be amended from time to
time, but only in writing in a form similar to this Agreement.
In WITNESS WHEREOF,
Agreement on the day
City of Delray Beach, Florida.
the
of
parties
have
executed
,1988, in
this
the
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
City Clerk
MAYOR
WITNESSES:
MEDICAL DIRECTOR
As to
Approved as to form:
City Attorney
,19_
Notary Public
My Commission Expires:
CURRICULUM VITAE
~ Joseph R. Yates, M.D.
F.A.C.E.P.
TITLE Medical Director
Emergency Department
Bethesda Memorial Hospital
Boynton Beach, Florida
r,1edical Advisor
Bethesda Ambulance Service
Boynton Beach, Florida
Education
Residency (1981-1983)
Emergency Medicine
University of Louisville
Louisville, Ky.
Internship (1980-1981)
General Surgery
University of Louisville
Louisville. Ky.
Medical Doctor (1980)
University of Louisville
Louisville, Ky.
B.S. with Honors (1977)
University of Louisville
Louisville, Ky.
Certification
Cer tified 1984
Ar~RICAN BOARD OF E~~RGENCY ~DICINE
Certified Instructor
Advanced Cardiac Life Support
American Heart Association
Certifed Provider
Ba.sic Life SUpport
American Heart Association
Certified Provider
Advanced Trauma Life SUpport
American College of Surgeons
Honors
Fellow status
American College
(1987)
of Emergency
Physicians
Melli bern Jl:l..J2..
Palm Beach County Medical Society
American College of Emergency Physicians
Florida State Association of EqS Medical Directors
Lecture Topics
INITIAL EVALUATION OF THE PATIENT
E~lliRGENCIES IN FEDIATRICS FOR THE
TEDDY BEAR CLINIC (orientation to
for kindergardners) (1987, 1985)
FLORIDA MALPRACTICE CRISIS (1987)
ORAL BOARD PREPARATION (FLORIDA EMERr,ENCY MEDICAL EXAMINERS,
HEART ATTACK RISK, PREVENTION AND MANAr,EHENT (Radio Program)
BY HI;:) (1987)
EMS PERSONNEL (1987)
emergency services
1987)
(1987)
I I
Publications
FRY DE RATCLIFFE DJ AND YATES JR
The Effects of Acidosis on Canine Hepatic and Renal
Oxidative Phosphorylation
SURGERY (1980); 269-73
Danzl DF, Vicario SJ, Gleis GL, Yates JR and Parks DL
Closed Reduction of Anterior Subcoracoid Shoulder
Dislocation; Evaluation of an external rotation method
ORTHOPAEDIC REVIEW 15(1986)/ 311-5
Social
Colonel
HONORABLE ORDER OF KENTUCKY COLONELS
Member
Men's Club
St. Jude Church
Boca Raton, Florida
<,\
. 'OFFICE'
, \
Chairman
Practice Management Committee
Florida Chapter
American College of Emergency Physicians (ACEP)
I I
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v
[ITY OF DELRAY BEA[H
100 NW, 1st AVENUE
DELRAY BEACH, FLORIDA 33444
305/243.7000
MEMORANDUM
SUBJECT:
Mayor and Commission
W.Ho, O. ".ny, eny M'"'"OIo -g~\/
TEMPORARY HOUSING EXPENSE
TO:
FROM:
DATE:
May 17, 1988
The employment agreement between the City and me provides temporary
housing assistance for a period up to six months from January 19th not
to exceed $2,000.00. To offset actual costs associated with rental of
temporary housing I would like to request an increase in the amount of
$500.00 up to $2,500.00. This increase would be offset by the actual
cost of moving reimbursement as there were no expenses involved in my
initial move to temporary quarters. These expenses had been prOVided
for in the agreement.
WOB: cl
4~
I
THE EFFORT ALWAYS MATTERS
CITY COMMISSION DOCUMENTATION
FROM:
C~.alter O. \B~r~~, ~ity Manager
LJcv-J-.J /:(c, U'-'--"'\..
David J. Kovacs, Direacor of Planning and zoning
TO:
SUBJECT: MEETING OF MAY 24, 1988
P & Z RECOMMENDATION RE REZONING OF PROPERTY NORTH OF
N.W. 1ST STREET TO ACCOMMODATE A PUBLIC PARKING GARAGE
DATE:
May 18, 1988
ITEM BEFORE THE COMMISSION:
Pursuant to recently approved procedures the item before the
Commission is the Planning and Zoning Board recommendation on a
City initiated request to rezoning property north of N.W. 1st
Street from RM-10 to CBD for the purpose of constructing a public
parking garage. The attached Planning and zoning Board staff
report provides more background information on the request
itself .
PLANNING AND ZONING BOARD RECOMMENDATION:
At the Board's pUblic hearing there was public comment in
support of and in opposition to the item. The Board considered
an alternative action of rezoning to C.F. instead of CBD; thus,
mitigating the "paper" impact of extending commercial zoning into
a residentially zoned area. The Board's recommendation was also
based upon a finding that the "greater community good" would be
served by the rezoning even though there may be an adverse impact
upon immediate neighbors. The specifics of the Board's findings
will be formally presented to the City commission at the public
hearing.
The Board has recommended that the property be rezoned to the CF
designation. The vote was 6-1 with the dissenting vote based upon
the position that firm evidence was not presented that a site
west of Seventh Avenue could not be used for the facility.
RECOMMENDED ACTION:
By motion, accept the Board's recommendation and direct that an
enacting ordinance be prepared and advertised for a pUblic
hearing at first reading. Hearing date would be June 14, 1988.
Attachment:
- P & Z Staff Report
rrftDK#20/A:garage
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CITY OF uELRAY BEACH
MEETING DATE: May 16,1988
STAFF REPORT
AGENDA
ITEM:
III. A
N OF A LAND USE PLAN AMENDMENT (MF-10 to C) AND A
~g~~~~T~~ZONING FROM RM-10 TO CBD ON PROPERTY NORTH OF FIRST
F SEVENTH AVENUE FOR THE PURPOSE OF CONSTRUCTION OF
A PARKING GARAGE.
ITEM:
01 '-----; '"
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144
DATA:
":'~r,t~~
Owners
.......................
Corner lot: Atlantic Plaza Ltd
Interior lot: Water-Way of
Florida Limited Partnership
Initiator of action
.............
City of Delray Beach pursuant
to a request from the C.R.A.
Property size
..................
1.17 acres
Location
........................
northeast corner of N.E. 7th
Avenue and N.E. 1st Street
Current Plan Designation ........ MF-IO
ProPOsed Plan DeSignation C
Adjacent Plan Designations MF-10 to west, east, and north
SF to north, C to south
Current Zoning Designation RM-10
ProPOsed Zoning Designation caD
Adjacent Zoning Designations RM-10 to west, east, and north
Rl-AA to north, CaD to south
Current Land Use
.............
Corner parcel - vacant, site
plan for a surface parking lot
is approved
Interior parcel - 20 unit
apartment complex
Proposed Land Use
Utility !eJvice
.............
PUblic Parking Garage
ITEM:
111,
.............
All services exist to serve
this property
ITEM BEFORE THE BOARD:
The item before the Board
separate actions. One is
companion rezoning. The
changing the zoning is to
is a public hearing to consider two
a Plan Amendment and the second is a
purpose of making the amendment and
accommodate a public parking garage.
BACKGROUND:
The developer of Atlantic Plaza has been successful in
interesting the Jacobson's Department Store corporation in
locating within Atlantic Plaza. Having such a department store
has been a goal of the City's Community Redevelopment Agency
(CRA). A requirement of Jacobson's is that of parking to serve
their needs. To provide such parking, it is necessary that a
parking structure be built.
Atlantic Plaza, Jacobson's, and the CRA have combined efforts in
providing such a facility. The CRA will finance, enter into
agreements for construction, and then be responsible for tne
parking facility. As the lead agency for this project, they
approached the City Commission for the purpose of having land
use designations on the private property altered to accommodate
the parking structure. On May 10, 1988, the City Commission
formally initiated the plan amendment and rezoning actions to
that effect.
The matter before the Board is that of land use and the impact of
a land use change upon the immediate neighborhood, the downtown,
and the community in general. Site specific information, while
necessary in some degree to assess potential impacts of the
change, is not formally before the Board at this time. A formal
site plan submission is scheduled for June 3rd with formal action
by the Board tentatively set for July 18th. A traffic study, a
conceptual site plan, and conceptual elevations have been
requested of the developer to aid in evaluating impacts of the
proposed changes.
PROJECT ANALYSIS:
Comprehensive Plan: The "Policy Guide to the Land Use Element of
the Comprehensive Plan", December, 1986, provides the following
guidance in considering this request.
General Goal Statements & Preface (page 1) refer to having a
"viable and physically attractive downtown providing a broad mix
of uses and activities". Further reference is made to having "a
well balanced economic base in order to provide jOb opportunities
for its residents and help maintain the current level of
property taxes and services" (Statement #1). A further statement
(#3) suggests that "residential densities should be increased
slightly around the CBD in order to increase the potential
lmarket, promote safety and provide more opportunities for housing
iA these areas".
TO: Pla.nn~ng and Zoning Board
RE: Staff Report - Land Use Plan Amendment (MF-10 to C)
and Accompanying Rezoning From RM-10 to CBD,
Property North of Atlantic Plaza
Page 1
*
While encouraging economic growth, the above also
raises a concern about the boundaries of the CBD, how
they are treated, and how that treatment affects
development.
Page 4, Statement A.2: "Except within the Community Redevelopment
Area, all future land use plan changes and rezonings from
residential..... to retail commercial shall be discouraged
unless a market study can demonstrate a compelling public need.
A traffic impact study of the proposed change shall also be
required."
Page 4,
existing
Community
*
This statement shows that intensification of commercial
(retail) uses within the CBD is highly desirable.
*
Statement A.6 "Efforts should be made to revitalize
commercial areas located ......... and within the
Redevelopment Area." Incentives are then suggested.
This statement 'supports the proposal.
Page 9, Statement 4 "Land use density and intensity should be
planned by the City to match the existing and ultimate capacity
of the adjacent road network. Improvements to the road network
to accommodate project traffic should be made prior to the
ultimate build-out of new developments .......
*
A traffic study which addresses impacts upon N.E. 1st
Street, particularly as it affects congestion at N.E.
5th and 6th Avenues, upon Atlantic Avenue (CBD area),
and the functioning of the one-way pair system has been
requested. As of this writing the report has not yet
been received. The reason this item is of particular
concern is that a requirement of Jacobson's is that the
one-way status of 1st, between 5th and 6th, be altered
to two way and that improvements be made, as necessary,
from 5th to the garage. Assistance from the City is
requested in making necessary improvements.
Page 10, Statement 3 "The village character of the Central
Business D~strict (CBD) and the Limited Commercial District (LC)
east of the Intracoastal Waterway should be encouraged and
preserved."
Ii
*
The apparent effect of the proposed parking structure
and related parking deck extending to the south may be
contrary to the direction of this statement.
On-the-other-hand, it may be more appropriate to think
of the CBD in terms of an "urban village" which is
characterized by low scale buildings with a high degree
of activity and few "open space" areas.
TO: Plam._.lg and Zoning Board
RE: Staff Report - Land Use Plan Amendment (MF-10 to C)
and Accompanying Rezoning From RM-10 to CBD,
Property North of Atlantic Plaza
Page 2
From the general policy statements in the Land Use Guide there is
not a firm direction as to how to proceed with the request.
While there is a desire to provide for strengthening the economic
viability of the CBD, the concept of "village like atmosphere"
also needs consideration.
Community Redevelopment Plan:
apply favorably to the proposal.
Several objectives of the CRP
These include:
Apply selected public actions to
private investment in redevelopment
activities - p.5.
encourage greater
and rehabilitation
Increase the level of economic activity and the tax
base within the Community Redevelopment Area - p.5.
Strengthen the Downtown portion of
Redevelopment Area as the economic,
cultural, and retail center of the City
the Community
governmental,
- p;5.
Consider future actions to consolidate existing public
parking supplies in downtown including potential
centralized parking structures as warranted by
increases in parking demands.
And,
Consider additional public
Atlantic Avenue, west of the
and at several locations
residential/office district
Elementary School - p.G.
parking areas south of
Intracoastal, in the CBD
within the historic
north of the Delray
Construction of a parking garage in conjunction with a
major retail/commercial development with 75-150
additional spaces to serve adjacent properties - p.25.
However, the graphics locate this facility at S.E. 1st
Street and the FEC.
Retail recruitment aimed at additional apparel stores
and a junior department store as a retail anchor p.-27.
Some of the objectives may be adversely affected by the proposal.
These include:
Implement improvements to improve the efficiency and
effectiveness of the "downtown by-pass" routes - p.G.
* Awa~ting the traffic report
I
Develop Veterans Park
improvements - p.7.
as exemplary
public
TO: . Plannlng and Zoning Board
RE: Staff Report - Land Use Plan Amendment (MF-10 to C)
and Accompanying Rezoning From RM-10 to CBD,
Property North of Atlantic Plaza
Page 3
*
Will the parking facility add or detract from
Veteran's Park redevelopment?
The parking objectives cited above - p.G.
*
Is the parking structure located in such a manner
that it is best cited for the downtown area?
Review this question in light of the
commentary (p.1G) that retail should be
Atlantic Avenue frontages.
Plan
along
Parking objectives from page 23 Le. "make off-street
parking areas attractive and accessible".
ref:DK#20/A:pzjacob
CITY OF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
3111.'),[ IsISTi<lI-:.Sl.!JI 11111,\'11,1 VI!.: !,)IZI])\ ;'-1,"
'In7/2.t"l- 711'i11 11 Ile()!'ll I{ :1'- , -,
MEMORANDUM
Date: May 18, 1988
To: Walter O. Barry, City Manager/'
From: Herbert W. A. Thiele, City Attorney
Subject: Proposed Addendum #2 for Additional Engineering Services
by CH2M !lill
Attached hereto please find correspondence from Robert ,J. Wright of the
engineering firm of CH2M Hill which encloses therewith a proposed Addendum
#2 to the standard agreement for professional services between the City of
Delray Beach and CH2M Hill.
You will note that this proposed addendum is for a continuation of services to
be provided by CH2M Hill with regard to the 20-Series Well Field assessment
and remE>diation services, and includes those items necessary to complete the
design and construction of the full-scale treatment system and to provide
support services to the City Attorney's Office with reg-ard to investigation
and the subsequent litigation involving the 20-Series Well Field contamina.tton.
Although the City Attorney's Office will continue to discuss the soecific
language set forth in this AddE>ndum #2, it would be appreciated if you could
review same, provide our office with any thoughts or comments you might
have on the subject and further to place this matter on the City Commission's
May 2,4, 1988 regular agenda for their consideration and potential approval.
We are requesting that representatives from CH2M Hill be present at the
May 24, 1988 meeting in order to answer any qup.stions that the Citv
Commissioners may have concerning this Addendum #2.
If you wish to discuss this matter further, plE>ase contact me at your earliest
convenience.
~w
Attachments
cc: Robert Pontek, Director of Public Utilities
Robert Wright, CH2M Hill
Steven Quarles, Esq., Crowell & Moring
I
L{-Lf
'- Engineers
- Pianners
CE1i1JlII!J Economists
- Scientists
May 18, 1988
SEF24708.A3.33
Mr. Herbert W. A. Thiele, Esq.
city Attorney
City of Delray Beach
310 S.E. 1st Street, Suite 4
Delray Beach, Florida 33483
Dear Mr. Thiele:
Subject: Addendum for Additional Engineering Services: 20-Series Well
Field and Other Projects
We are submitting to you Addendum 2, which contains tasks authorizing
CH2M HILL to continue the investigation and remediation program for the
20-Series Well Field. The addendum has been revised as a result of recent
discussions with Jeff Kurtz and Bob Pontek. Primarily, we examined alter-
natives to accelerate the construction schedule, which is reflected in
the revisions.
We intend to be available at the Council meeting on May 24, to present a
brief summary of the conceptual facility design, and to answer questions
from the Council regarding the addendum.
If there are any other topics of particular interest for that meeting,
please let me know so that we may effectively address them.
Sincerely yours,
'00.,:1 ~
DBT085/035
Enclosure
cc: W. O. Barry/City of Delray Beach
R. S. Pontek/City of Delray Beach
J. S. Kurtz/City of Delray Beach
G. T. McIntyre/CH2M HILL
R. J. Bedard/CH2M HILL
T. L. Belser/CH2M HILL
CH2M HILL
I I
Southeast Florida Office Hillsboro Executive Center North, 800 FaiMOY Drive, Suite 350 305.426.4008
Deertield Beoch. FIOf/do 33441 407. 737.6665
CH2M HILL
Project No.
ADDENDUM No.
DATE: May
PAGE I
SE24708.A1
2
24, 1988
OF 5
ADDENDUM TO THE STANDARD AGREEMENT FOR PROFESSIONAL
DATED February II, 1988, BETWEEN THE CITY OF DELRAY
FLORIDA, AND CH2M HILL SOUTHEAST, INC.
SERVICES
BEACH,
TITLE:
TWENTY-SERIES WELL FIELD ASSESSMENT AND
REMEDIATION SERVICES
CATEGORY OF WORK:
GENERAL:
This ADDENDUM shall modify the professional services agree-
ment referenced above and shall become part of that AGREEMENT
as if written there in full.
For the purposes of this ADDENDUM, the CITY OF DELRAY BEACH
shall be called "CLIENT" and CH2M HILL SOUTHEAST, INC., shall
be called "ENGINEER."
This addendum provides for professional engineering services
required for implementing an Assessment and Remediation Pro-
gram for the 20-Series Well Field. The scope of services to
be provided are as described hereinafter.
I. SERVICES TO BE PROVIDED BY THE ENGINEER
A. DESCRIPTION OF WORK TASKS
ENGINEER will provide specific services to the
CLIENT in accordance with the following detailed
Task descriptions.
1. Task 3A--Imp1ement Preliminary Contamination
Assessment Plan (PCAP)
a. ENGINEER will implement the approved
Preliminary Contamination Assessment
Plan which includes, but is not limited
to, the following:
(1) Install and sample 10 monitor wells.
(2) Analyze samples from two of the
monitor wells by EPA Method 624,
EPA Method 625, and EPA Method 608
in addition to priority pollutant
metals.
(3) Analyze samples from the remaining
monitor wells by EPA Methods 601
and 602.
(4) Containerize drill cuttings and
drilling mud.
(5) Analyze drill cuttings and drilling
mud for volatile organic compounds
by EPA Method 8010 and EPA Meth-
od 8020.
(6) Conduct a site inventory to locate
surface waters and private wells in
the vicinity of the 20-Series Well
Field.
DBT085/017 1
CH2M HILL
Project No.
ADDENDUM No.
DATE: May
PAGE 2
SE24708.Al
2
24, 1988
OF 5
(7) Prepare a Preliminary Contamination
Assessment Report (PCAR).
2. Task 5--Detail Design, Full-Scale Treatment
System
a. ENGINEER will prepare a detail design
for the proposed groundwater treatment
system based on flow from the six 20-
Series production wells. The design
includes process, mechanical, electrical,
and instrumentation and control details.
The location and unit processes of the
treatment system will be based on the
Conceptual Design Memorandum as approved
by the CLIENT.
b. ENGINEER will submit draft contract
documents at the 90 percent final design
completion level for CLIENT review.
This submission will be followed by a
meeting between the CLIENT and ENGINEER
to discuss review comments.
c. ENGINEER will prepare Contract Documents
(Plans and Specifications) as required
to obtain bids from contractor(s) for
equipment and construction of the
full-scale treatment system.
d. ENGINEER will prepare a budget-level
opinion of the cost of construction of
the treatment system.
3. Task 6--Permitting Assistance
a. ENGINEER will meet with the Palm Beach
County Health Department and the Florida
Department of Environmental Regulation
(FDER) to determine the permits required
for the project.
b. ENGINEER will meet with the South Florida
Water Management District (SFWMD) to
determine the permits required for the
project.
c. ENGINEER will prepare and provide to the
CLIENT for review, signature, and sub-
mission, the applications for permits to
modify a water treatment system.
d.
ENGINEER will prepare the SFWMD exemption
notice required for the construction of
a stormwater management system for the
treatment system site.
I
4. Task 7--Services During Construction (SDC)
a. ENGINEER will assist the CLIENT in the
selection of a general contractor for
the construction of the treatment facili-
ties. This will include:
(1) Prescreen potential bidders.
DBT085/0l7 2
DBT085/0l7
CH2M HILL
Project No.
ADDENDUM No.
DATE: May
PAGE 3
SE24708.Al
2
24, 1988
OF 5
(2) Distribute copies of Contract
Documents.
(3) Attend a prebid conference and
answer bidders' technical questions.
(4) Prepare and submit to CLIENT up to
two addenda to the Contract
Documents.
(5) Prepare six (6) sets of Contract
Documents for execution.
b. ENGINEER will provide reviews of the
contractor's submittals for the procure-
ment of the materials and equipment as
described in the Contract Documents.
c. ENGINEER will provide the services of
the appropriate design professionals at
various phases of the work to observe
the progress of work.
d. ENGINEER will prepare technical documents
for change orders (Contract MOdifications)
to the contract between the CLIENT and
the general contractor.
e. ENGINEER will provide the services of an
onsite observer during the construction
period to observe the progress of the
work, act as liaison between the general
contractor and the design team, report
on the progress of the contractor's
schedule, and review and recommend for
payment by the OWNER the monthly pay
request submitted by the general con-
tractor.
5. Task 8--Groundwater and Treatment System
Monitoring
a. ENGINEER will collect and analyze an
influent and an effluent sample from the
fUll-scale treatment system during the
first week of startup.
b. ENGINEER will collect and analyze influ-
ent and effluent samples from the full-
scale treatment system following startup
once a week for 3 weeks following the
initial startup sample. Sampling and
analysis will be conducted once a month
for 3 months thereafter.
c. Influent samples will be analyzed by EPA
Methods 601 and 602, and the effluent
samples will be analyzed by EPA Meth-
od 524.2.
d.
ENGINEER will sample the 20-Series wells
and 10 monitor wells installed during
the preliminary contamination once a
month for 4 months following startup of
the fUll-scale treatment system.
3
l::t\DUtl .,. -x-
l), E: Hay 24 , 1988
'E 4 OF 5
e.
ENGINEER will ana1y~e
20-Series wells and m,
Methods 601 and 602.
,pIes from the
or wells by EPA
6. Miscellaneous Enqineerinq S\n"'_
ENGINEER will provide miscel us
engineering services related Lu _he
Contamination Assessment of the CLIENr'.
water supply wells, as requested. Com-
pensation shall be on a time and expense
basis as described hereinafter.
B. ASSUMPTIONS
The work described herein is D..,sed upon the assump-
tions listed below. Should conditions differ from
those assumed in a manner that will affpct budget
or schedule, the ENGINEER will advise the CLIENT
in writing of the magnitude of the required adjust-
ments. Changes in compensation to the ENGINEER
will be as negotiated wLth the CLIENT.
I. The CLIENT will be responsible for disposal
of containerized drill cuttings and drilling
mud.
2. Only those permits specifically mentioned in
Task 6 are anticipated. Preparation of
applications for other permits is not
included in the estimated costs.
3. CLIENT will review those items requiring input
to the ENGINEER in accordance with a mutually
agreed schedule, and provide direction and
comments to the ENGINEER in a review meeting.
ENGINEER will provide a written record of the
meeting listing issues discussed and impact
upon the design.
4. ENGINEER has based the estimate of cost for
Services During Construction upon the
assumptions stated hereinafter:
(al The bidding period will be approximately
30 days.
(b) Onsite observation during construction
will require 660 labor hours after
Notice to Proceed is issued to the
general contractor.
(c) No more than three change orders (Con-
tract Modifications) will be required.
5 .
ENGINEER will provide services described in
Section A, "Description of Work Tasks," para-
graph 6, "Miscellaneous Engineering Services,"
as requested by the CITY. ENGINEER will pro-
vide CITY with a written description of the
work and an estimate of the cost of labor and
expenses before invoicing the work.
DBT085/0l7
4
H2M HILL
.'roject No.
ADDENDUM No.
DATE: May
PAGE 5
SE24708.Al
2
24, 1988
OF 5
II. COMPENSATION TO THE ENGINEER
Compensation for the professional engineering services
as described hereinafter are estimated not to exceed
the following:
Labor Total
Cost Expenses Cost
Task 3A--Implement PCAP $ 41,200 $ 66,300 $107,500
Task 5--Detail Design, Full-Scale
Treatment System 169,400 8,900 178,300
Task 6--Permitting Assistance 5,500 1,300 6,800
Task 7--Services During Construction 131,200 12,400 143,600
Task 8--Groundwater and Treatment
System Monitoring 19,000 26,600 45,600
TOTAL
$366,300 $115,500 $481,800
Miscellaneous Engineering Services will be labor plus
expenses as required, not to exceed $5,000 for any
task.
Compensation for services will be based upon direct
salary cost multiplied by a factor of 2.35, plus direct
expenses connected therewith, and will be invoiced
monthly.
************************************************************
CITY OF DELRAY BEACH
CH2M HILL SOUTHEAST, INC.
BY:
TITLE:
Mayor
BY:
TITLE:
Vice President and
Reqiona1 Manaqer
Attest:
Attest:
Date:
Date:
Approved as to form:
C~tr Attorney
Date:
DBT085/0l7
5
CH2M HILL
Project No.
ADDENDUM No.
DATE: May
PAGE 5
SE24708.A1
2
24, 1988
OF 5
II. COMPENSATION TO THE ENGINEER
Compensation for the professional engineering services
as described hereinafter are estimated not to exceed
the following:
Labor Total
Cost Expenses Cost
Task 3A--Implement PCAP $ 41,200 $ 66,300 $107,500
Task 5--Detail Design, Full-Scale
Treatment System 152,100 8,900 161,000
Task 6--Permitting Assistance 5,500 1,300 6,800
Task 7--Services During Construction 131,200 12,400 143,600
Task 8--Groundwater and Treatment
System Monitoring 19,000 26,600 45,600
TOTAL
$349,000 $115,500 $464,500
Miscellaneous Engineering Services will be labor plus
expenses as required, not to exceed $5,000 for any
task.
Compensation for services will be based upon direct
salary cost multiplied by a factor of 2.35, plus direct
expenses connected therewith, and will be invoiced
monthly.
This Addendum is subject to renegotiation in the event of
settlement between the State of Florida, FDER, and AeroDri,
et al., or the CLIENT and Aero-Dri, et al.
************************************************************
CITY OF DELRAY BEACH
CH2M HILL SOUTHEAST, INC.
BY:
TITLE:
Mayor
BY:
TITLE:
Vice President and
Regional Manager
Attest:
Attest:
Date:
Date:
Approved as to form:
City Attorney
Date:
DBT085/017
5
~ ~~/ cqe/d
777.0(7,;/ ::A!/;'Nbc ;A'f'II/N'
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IN i) .:?7f-I'J-f1J
,n., .
.....1 "~.'
MA/ 1 9 i0ES
May 17, 1988
C! r \' v
II;J:I".,.,..
Mr. Walter O. Barry, City Manager
City of Delray Beach
lOa NW First Avenue
Delray Beach, FI 33483
RE: Jacobson's Sign Package
Dear Walter,
This will serve as our official Request for Waiver of the sign requirerrents of the
City of Delray Beach to accarmodate those signs requested by Jacobson's. Many of
the signs requested are within code.
Roof Top Sign: They request a roof top sign to be permitted on the top of our
existing four-story office building that would face one and perhaps two directions.
Rerrote Sign: They request the right to erect a sign on U.S. 1 on property not yet
located within the city limits of Delray Beach. They are hoping to find a location
within two blocks of Atlantic Avenue, preferably on the east side, northbound.
Stm-e Front Signs: They request their standard lighted sign (permissible under
existing codes) at each entrance. They expect to have a total of three and perhaps
four main entrances to their store.
1. Facing our plaza and the tree, in lllle ;lith Mole Hole and Patchwork Place.
Their sign would be erected on top of the entrance where we presently have roof
tiles above the first floor.
2. Above their entrance on the second floor facing the parking deck to the north.
3. Above their entrance facing west and 7th Avenue. In addition, they may want a
small plaque at the entrance under the parking deck with their fourth entrance
facing north.
Pylon Signs: We propose to increase the size of each of our pylon signs at each of
our main entrances, on Atlant ic Avenue and 7th Avenue. They would be increased
approximately 24" in height and rerrain the sane width. On that height increase,
we would locate the words "Atlantic Plaza". Where the present Atlantic Plaza
letters are now located, we would place the word "Jacobson's". I believe that the
present code allows a certain rraximum square footage of both signs. Those would
have to be increased slightly to allow this. In any case, the height would not
exceed thpXisting code.
Sincere y,
Jr.
cc:1 Joyce Desonreau
j
+5
~ ~~ 9!u
May 17, 1988
777'3~~J/:A/~II/(C :AONH>
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lit,) 2N,/91'9
MAY 1 9\2~~,
r,1T\' ;;
Walter O. Barry, City Manager
City of Delray Beach
100 NW First Avenue
Delray Beach, FI 33483
Dear Walter,
I have checked with Joyce and reviewed the sign regulations of Delray Beach with
her. r.1y understanding is as follows:
Roof Top Sign: Presently, not permitted.
Off-Premises Sign: Presently, not permitted.
Store Front Sign: Known as "flat wall signs". Only two are permitted if the
building faces two streets at a corner. Thus, since Jacobson's wishes to have a
flat wall sign facing our plaza at their entrance looking south, above the second
floor entrance facing the parking deck to the north and their 7th Avenue entrance
facing west, they are requ9sting one sign over the total nunber permitted. Only
two are allowed presently. As to the srrall plaqu9 at the entrance underneath the
parking deck, that, apparently, is a gray area.
Delivery Sign: They are allowed up to nine square feet at the rear entrance under
present code.
Projecting an:i "Under Canopy. signs are allowed but they are not being requested,
so two signs under this category are not being utilized.
Free Standing Pylon Signs: As you knCM, we have an entrance sign on Atlantic
Avenue and one on 7th Avenue. I understand fran Joyce that our request to increase
the height by about 24" is not presently permitted, but would be under the proposed
new sign ordinance that is caning before the City Cannission next week.
In sumary, the roof top sign, the extra store front (flat wall sign) facing west
and the all premises signs are going to require a waiver. We hereby Request for
Waiver for these signs.
In the event the free standing pylons signs are not increased under the current
proposal, we hereby Request for Waiver for that expansion which would only be 24"
higher on each sign.
is rreant to be an explanation of my other letter of May 17.
-......, /
/
cc: I Jd>yce Desorrreau
Simon, Jr.
CITY COMMISSION DOCUMENTATION
FROM:
~alter ~. Bar,~, City Manager
~ G"--'t<J ...j \ f'C(')-'1--
David a. Kovacs, Director of Planning and Zoning
TO:
SUBJECT: MEETING OF MAY 24, 1988
CONSIDERATION OF A REQUEST TO WAIVER CERTAIN SIGN CODE
REQUIREMENTS
DATE:
May 18, 1988
ITEM BEFORE THE COMMISSION:
The item before the Commission is a request to consider waiver of
certain sign code requirements. Attached is a letter from Sandy
Simon, developer of Atlantic Plaza, in which he is seeking relief
from sign code requirements which:
a) prohibit roof mounted signs,
b) prohibit off-site signing,
c) limit the number of signs permitted per business,
d) affect additions/modification to the Atlantic
Plaza pylon sign.
Such relief can be granted pursuant to prov~s~ons of
47-86 through which the Commission can waiver provisions
ordinances where no other avenue of relief is provided.
the case with provisions of the sign code.
Ordinance
of City
Such is
Ordinance 47-86 requires that the City Commission action on the
request be preceded by a pUblic hearing which is noticed at
least ten days prior to the hearing date.
ALTERNATIVE ACTIONS:
1. Reject the request in total.
2. Proceed to consider only specific aspects of the
request.
3. Set the request for public hearing.
RECOMMENDED ACTION:
By motion, set the request for public hearing and direct the City
Clerk to advertise appropriately. Also seek direction from the
City Attorney as to whether it is necessary to grant such waivers
by ordinance or simply by motion.
Attachment:
Request letter
rJf:~K#20/A:signwave
CITY COMMISSION DOCUMENTATION
FROM:
~ALTER,O' ~A~Y: CITY MANAGER
I JC:.G- 1 J ' 0 CL.'L
OAYID ~/~OVA S, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
-r;fM11 'i /:;
,----
TO:
SUBJECT: MEETING OF MAY 24, 1988
P & Z RECOMMENDATION RE ANNEXATION OF PROPERTY WITH
GC ZONING, KNOWN AS ENTERPRISE LEASING
DATE:
MAY 18, 1988
ITEM BEFORE THE COMMISSION:
Pursuant to. recently approved' procedures the item before tl)e
Commission is the Planning and Zoning Board recommendation on a
request to annex and zone property owned by Enterprise Leasing
which is located on the east side of Federal Highway, south of
LaMat. The property includes several separately deeded lots all
but one of which are used as a part of the Enterprise Leasing
establishment. The attached Planning and Zoning Board staff
report provides more background information on the request
itself.
PLANNING AND ZONING BOARD RECOMMENDATION:
At the Board's public hearing there was public comment in
opposi tion to the initially requested zoning of SC. There was
also some opposition to zoning the entire holdings to any
commercial designation Lot 14 was sought to be zoned as
residential. The owner agreed to alter his petition to GC zoning
at the meeting. Subsequently, a letter to that effect was
received.
A staff recommendation was that the property be combined into one
legal description prior to rezoning so that Lot 14 could not be
developed as a separate commercial parcel with access from the
substandard street of Avenue H which traverses through
residentially zoned territory.
~lo
To: Walter. Barry, City Manager
Re: . City COh."ission Documentation
Meeting of May 24, 1988
P&Z Recommendation Re Annexation of Property with
GC Zoning, Known as Enterprise Leasing
Page 2
The Board has recommended that the property be rezoned to GC and
that platting into a single parcel occur prior to annexation. The
vote was unanimous. See the Board's staff report regarding the
implications of expansion of use under GC zoning and a single
parcel configuration.
SPECIAL COMMISSION CONSIDERATION:
Specific direction is needed from Commission regarding the single
parcel issue. It is not appropriate that the applicant be
required to plat, or otherwise create, a single legal description
if the commission will later require split zoning on the
property. Split zoning was not recommended by the Board because
Lot 14 would be a substandard residential lot no matter which
reSidential zone designation is placed upon it.
RECOMMENDED ACTION:
By motion, accept the Board's recommendation and direct that an
enacting ordinance be prepared and advertised for a pUblic
hearing at first reading. Further, that the ordinance is to be
prepared subsequent to receipt of a properly conceived legal
description which encompasses the entire Enterprise Leasing
holdings and combines all lots into a single parcel. Failure to
prepare such a legal description by August 1, 1988, shall
automatically bring this item back before the Commission for a
reconsideration of this action.
The hearing date is dependent upon submittal of such a legal
description.
Attachment:
- P & Z Staff Report
REF/DJK~20/B:CCENTERP.TXT
I
PLANNING'~ ZUNING BOARD
CITY OF DELRAY BEACH
STAFF REPORT
MEETING DATE: MARCH 21, 1988
AGENDA ITEM:
III. E.
ITEM:
CONSIDERATION OF A REQUEST FOR ANNEXATION WITH ZONING OF SPECIALIZED COMMERCIAL
(SC) FOR ENTERPRISE LEASING, EAST SIDE OF FEDERAL HIGHWAY SOUTH OF LAHAT
'11
-
-
-
GENERAL
..
.-. ....
"
Owner............................ . Enterprise Leasing Co.
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Beril Kruger
Beril Kruger and Associates
Location........................East side of Federal Highway
between Avenue H and La Mat Avenue
Property Size................... .686 acres (29,885 sq.ft.)
County Land Use.................Low-Medium Residential with
Commercial Potential (for Lots 6
thru 10); Low-Medium Residential
for Lots 11 thru 14)
County Zoning...................CG (General Commercial) in part
for Lots 6 thru 13; RS (Single
Family Residential) for Lot 14
City Land Use Plan Designation..Commercial
Adjacent Zoning.................City zoning GC (General
Commercial) to the south
west; and County zoning of RS
(Single Family Residential
5 units/acre! to the east
and GC and RS to the north.
Existing
propose!
Land Use...............Auto rental agency
Land Use...............Auto rental agency
ITEM: E.
.J..LL . .
Water Service...................Water is provided to the site
ITEM BEFORE THE BOARD:
The action being requested of the Board is that of making a
recommendation on an annexation with initial rezoning of SC
(Specialized Commercial) for the existing Enterprise Leasing
facility in Lots 6-13 as well as the vacant Lot 14 to west.
The development is located at the northeast corner of US
Highway No. 1 and Avenue H extended.
BACKGROUND:
The original site development plan was approved thru the
County via zoning Petition #84-115 on July 30, 1984. A_.
water service agreement with the City of Delray Beach for
Lots 6,7,8,9, and 10 was approved on May 29, 1984. However,
the petitioner did not execute the agreement and sought
direct approval for water service. The City Commission
confirmed its intention to provide water to this site by a.
a letter to .the County, ratifieli by consent agenda on June
12, 1984.
On July 24, 1986, the Board of County Commissioners
considered at public hearing, Petition No. 84-115A for a
rezone from General Commercial, in part, and RS
Residential, in part, to General Commercial with a
concurrent special exception to amend and expand the site
plan for this automobile rental and leasing facility. This
site plan request included Lots 6-10 and a 10 (ten) foot
abandoned alley along the west border of the approved site
plan, along with expansion into Lots 11,12,and 13 for
vehicle storage. Concurrent with this zoning request the
applicant was processing an abandonment request for that
portion of Avenue H, lying west of Lot 11. The applicant's
one-half (1/2) of this avenue, as well as the adjacent
property owner's one-half (1/2) which was purchased from
Seven Eleven (7-11), was incorporated in the expansion
proposed by rezoning Petition No. 84-115A. On January 27,
1987, the Board of County Commissioners thru Resolution No.
87-98 confirmed and passed the action requested by zoning
Petition 84-115A.
The current City Land Use designation for this parcel is
Commercial. On December 30, 1986, thru Ordinance No. 145-86,
the City approved a City Land Use Amendment from Residential
(MF-6) and Commercial in part, to Commercial for all of
Blocks 24,25 and Lots 1-14 of Block 26. This action appears
to have only affected this proposal by changing Lot 14 from
MF-6 to Commercial. The applicant is now proposing to annex
the existing Enterprise Leasing facility occupying Lots 6-13
along with the abandoned portions of Avenue H, a 10 foot
abandoned alley and Lot 14, presently vacant. The applicant
proposes to expand the parking/storage area presently in
Lots 11-13 onto Lot 14.
ANNEXATION ANALYSIS:
This property is contiguous to the City via the property to
the immediate south (7-11) currently in the City of Delray
Beach. The property is serviceable in that the portion of
the site which is developed does receive water from the
City. Sewer to this site is provided by a septic tank, the
applicant would be required to connect to the sewer main
when service becomes available.
The property is part of an official "enclave" (area
#50). Annexation at this time will not severe the balance
of enclave #50 nor create an additional enclave.
Pursuant to the City's enclave report this specific property
will receive a Level of Service A upon annexation at no
substantial cost to the City. There are no required
findings other than annexation will not create an enclave,
required by Florida Statutes prior to approval of a
voluntary annexation.
.
Comprehensive Plan Matters:
The Land Use Map identifies the property as Commercial. The
property is not encompassed by any other Land Use Map or
plan.
The Policy Guide to the Land Use Element of the
Comprehensive Plan has several policies which relate to auto
related uses. Policy Statement #10 states:
All automotive uses should be carefully reviewed with
use of specific development regulations. Those uses
which are non-conforminq should be phased out.
The site does not meet the minimum area required by Section
30-l2(N)(5)(a)(1) of 1.5 acres, the minimum setbacks of
Section 30-l2(N)(4)(b) or the required landscaping of
Section 30-l2(N)(3). Though, this use is allowed as a
conditional use within the SC zoning district, this property
will become non-conforming from a site development
standpoint.
In lieu of the pOlicy statement directive of phasing
non-conforming uses out, it would be appropriate to not
create non-conforming situations. This site is presently
under the juriSdiction of the Palm Beach County
Comprehensive Plan which presently limits any new commercial
bUilding to within 150 feet of US Highway No. 1 right-of-way
line. Also, use expansion, east into the residential area,
would not be allowed ~ithout a specific County Land Use Plan
Amendment.
ZONING ANALYSIS:
The requested zoning designation is specialized Commercial
(SC). It is requested i~ order to accommodate the existing
use (automobile rental and leasing facility) and the
expansion of that use. There is no other zoning district
that allows this use.
The application has been assessed under Section 30-23(D)
"Standards for Evaluating Rezone Requests".
--
Standards *1 and 2 (will the change be contrary to the
proposed Land Use Plan or existing Land Use pattern). The
change will be consistent with the current Commercial Land
Use Designation. It is inconsistent with the existing Land
Use Pattern as this development presently encroaches into
surrounding residential areas. Further, if Lot 14 develops
independently as commercial, it will take access through a
residential area. This is not good planning and is
inconsistent with SC zone district regulations.
Standard *3 (spot zoning) this proposal is compatible with
adjacent Commercial designation along US Highway No.1.
Standard *4 (load on pUblic facilities) and Standard *5
(district boundaries) This proposal is consistent with the
Land Use designation for which public facil~ties have been
planned or provided. The commercial encroachment into
residential land use areas seems inappropriate but has been
endorsed by City Commission through a Land Use Amendment
(Ordinance No. 145-86). The overall site is presently
governed by the Palm Beach County Comprehensive Plan which
limits any new commercial building to within 150 feet of US
Highway No. 1 right-of-way line.
Standard *6 (changing conditions made rezoning necessary),
Standard *7 (change adversely influence neighborhood),
Standard *8 (change create increase traffic) and Standard *9
(change creates a drainage problem) These standards do not
apply as this is an existing use to be annexed as is. With
respect to Standard *7, the proposed expansion into Lot 14
may adversely impact the residential area.
Standard *10 (changes impact on light and air) and Standard
*11 (affect on property values) do not apply as this is an
existing use. The residential land immediately behind this
development is presently vacant.
Standard #12 (deterrent to improvement of adjacent
properties) The proposed zoning would not be a deterrent to
adjacent commercial uses; the residential lots to the east
are vacant.
Standard #13 (special privilege) Granting the request to SC
may be considered a special privilege in that it would allow
expansion of use in a manner contrary' to the City's general
posture toward the expansion of auto uses.
Standard #14 (property used with existing zoning), Standard
~ (change out of scale), Standard #16 (other areas with
appropriate zoning) and Standard #17 (sufficient evidence
for need of change) These standards do no apply as this is
an existing use and the application is for initial zoning.
ASSESSMENTS AND CONCLUSIONS:
The property is'eligible for annexation and it is City
policy to annex whenever possible. This property does not'
meet the minimum area requirement nor setbacks required by
Section 30-l2(N)(S)(A)(1) and Section 30-l2(N)(3) under SC
zoning. In light of the Land Use policy relating to
eliminating non-conforming uses within the SC zones it would
not be appropriate to grant SC zoning for a non-conforming
site. If annexed as SC, expansion of use would be permitted
onto Lot 14 pursuant to Section 30-24(C)(1).
The draft automobile policy guidelines recommends all
non-conforming properties with automobile uses be annexed
into the City under GC zoning and the uses be given a
non-conforming status. Staff recommends this policy
guideline be followed with respect to this application with
the non-conforming status prohibiting expansion of use per
Section 30-24(C)(1). The implications of this course of
action is that Lot 14 will be annexed as GC and a commercial
use other than automotive uses, may be placed upon it.
However, to insure that improper use is not made of Lot 14,
a boundary plat should be required, said plat to incorporate
all lots with one.
ALTERNATIVES:
1. Recommend approval of annexation and initial zoning of
SC. Thus making the use conform even though the site
development is non-conforming.
2. Recommend denial of annexation with initial zoning of
SC because of inconsistency with the "Policy Guide of
the Land Use Element".
3. Seek modification of the request to GC zoning and
recommend approval conditioned upon incorporation of
all lots into one.
4. Recommend approval of annexation with SC zoning on Lots
6-13, and RM on Lot 14. This can only be accommodated
if the petition is voluntarily modified.
5. Continue with concurrence and direction.
RECOMMENDATIONS:
1. Seek a modification of the request to GC zoning if the
application is not modified, recommend denial per
Alternative Action i2 from above. If the application
is modified, recommend approval based upon the
findings:
a) that an enclave is not being created and;
b) the proposed zoning is consistent with the City's
Land Use Plan and otherwise meets the standards of
Section 30-23(D) provided that the following
condition is met:
1. That a boundary plat "be filed which combine.s.
all parcels into one and is recorded within
10 days of the enacting ordinance and that
said ordinance be so conditioned.
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Kilday & Associates
Landscape Architects/ Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
13051 689,5522
JII1' 11
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'B: c<: tOWMF\~
b~\(. ~ 20
May 10, 1988
Walter O. Barry, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
RE: Request to discuss matter before City Council at meeting of
May 24, 1988.
Dear Mr. Barry:
My office, Kilday & Associates, represents Mr. William Bowman as
owner of property on Atlantic Avenue west of Military Trail.
currently Mr. Bowman is in the process of requesting a
Comprehensive Land Use Plan Amendment ,from Palm Beach County.- .
Because thi. property is located a fair distance from the
existing boundaries of the City of Delray Beach, we had not given
any thought to the possibility that the City of Delray Beach
would have any interest in our request. However, at the Land Use
Advisory Board meeting of March 3, 1988 your City Planner, Mr.
David Kovacs, appeared and indicated that the City Council had
taken an action to recommend denial of this petition.
Unfortunately, we were unaware that this matter was ever
discussed by the City Council. In light of that matter, I would
request that this matter be placed on the City Council agenda in
order that Mr. Bowman and myself may appear and explain some
pertinent facts about the property and our request to the members
of the City Council. We believe that we can clarify several
matters related to the reason for this request as well as
surrounding land use issues.
I believe this matter can be easily accomplished within a five to
ten minute time limitation. As the members of the County
Commission do look with care upon recommendations from
municipalities, we are concerned that your City Council make its
decision having received a full presentation of the facts. I
await your reply. Thank you.
Sincerely,
(~s. ~~ ..to-L
Kieran J. Kilday ~--
c.c. file
Attachment
I
~7
~ -"
r ( r r)
To: Plan! g and Zoning Board
Re: Agenda Item IV.C.
Meeting of County Plan Amendments, 1988-1
Page 2
~2. Evans and carusillo, 4.06 acres on Milit~ Y Trail, south of
Atlantic Avenue intersection; seeking co~ercial potential on
property designated as medium to medium-high residential.
/
Staff position: The request is co~rary to general policies
of the City which seek to contro~'the over-commercialization
of intersections and areas of ftlgh traffic concentrations.
Current traffic conditions ~reate backup (north bound
traffic) to this site from tWe intersection of Atlantic and
Military Trail. This par9~n although not "contiguous" to
the City does approach tlte City limits at a "point" Le.
corners touch, less ri t-of-way of Military Trail. The
request is inconsisten with the City's Land Use Element.
The City will be the water and sewer service provider. A
change in land use this more intense category should not
be considered with ut first a study and report regarding the
individual and umulative effects of this change, and
similarly situa ed properties, upon the water and sewer
processingca bilities. such . requirement is consistent
with Chapte 163 (FSS) which calls for the internal
consistenc of comprehensive plans. Similarly, the
requested change should not be considered until firm
provisi s are made for the six-laning of Military Trail and
enhanc intersection capacity at Military Trail and
Atla ic (concurrency requirements). Finally, any
cro -traffic circulation should not be allowed as the
n er of cross-traffic occurrences south of the
. tersection of Military Trail and Atlantic violates
cceptable standards both in terms of numbers and distance
between them. It is recommended that the request be denied.
#3 Bowman and Bowman, 6.95 acres, seeking commercial potential on
property along Atlantic Avenue, west of Markland Lane, which is
designated as medium to medium-high residential.
Staff position: This property is west of the City's
~ planning area and will not be served by City water or sewer
~ systems. The shape of the property (300' frontage by
,~00 ~ ~~l'OOO'dePth) is not appropriate for commercial usage. The
~.~ ,b ~roposed designation is inconsistent with existing
~~ ~ residential which adjoin the property, is inconsistent with
\' ~~ existing agricultural property which adjoin the property, is
< ~~ inconsistent with the City's land use map designations to
/ the east (and adjoining). The request continues the
J ~~ commercialization of the Military and Atlantic intersection
which has the highest incidence of accidents in this portion
of the county. Approval of the request is a major
modification to the County Plan which currently places the
westward extent of commercial use at Markland Lane; thus, it
should be granted only upon review and analysis of similarly
situated parcels both individually and cumulatively. It is
recommended that the request be denied.
CITY COMMISSION DOCUMENTATION
TO:
(;"'f:,'I~~\R O. BARRY, CITY MANAGER
~~QJ ~--Jo-:?/~
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: MEETING OF MAY 24, 1988
CONSIDERATION OF A REQUEST TO DISCUSS A COUNTY LAND USE
MAP AMENDMENT (BOWMAN)
DATE:
MAY 18, 1988
ITEM BEFORE THE COMMISSION:
. The item b'efore the Commission is a request to reconsider a
previous action in which the City Commission endorsed a Planning
and Zoning Board recommendation that the City oppose a proposed
County Land Use Map amendment which would change 6.95 acres of
land located along the souths ide of Atlantic Avenue, west of
Military Trail from Medium to Medium-High Residential to
Commercial Potential.
Attached is the letter request under the signature of the
project's agent, Kieran J. Kilday. Also attached is the previous
information which had been presented to the Commission. The site
is just west of the City's formal planning boundary. The City
water utility provides service to the building immediately east
of the site.
As this item was processed, the Planning Staff represented the
City before the County's Land Use Advisory Board; however, that
Board proceeded to recommend nearly unanimous approval (one
siding with the City's position) even though there was opposition
from the City and neighbors.
The item is now before the County Commission, acting as the Local
Planning Agency, and may be heard on May 31st.
To: Waltel . Barry, City Manager
Re: City Commission Documentation
Meeting of May 24, 1988
Consideration Of A Request To Discuss A County Land Use
Map Amendment (Bowman)
Page 2
ALTERNATIVE ACTIONS:
1. Hear the request and take no action. In this instance,
staff would not appear before the L.P.A. since this is
the only item of interest remaining (the proposal along
Military which was also opposed by the City and
recommended for rejection by the LUAB has been
withdrawn) .
2. Hear the request and affirm the previous action and
direct that staff be present at the public hearing and
emphatically oppose the request.
3. Hear the request and withdrawl the previous position of
opposition.
RECOMMENDED ACTION:
Commission discretion.
Attachments:
Kilday letter of May 10, 1988
Previous CC documentation regarding this property
REF/DJK#20/B:CCBOWMAN.TXT
CITY COMMISSION DOCUMENTATION
FROM:
tfal~~r 0... Barry, City Manager
\0,\ h./,,- A ~ ~("fv,--
DavM J. . ,tfc;-vacs , D~rector of Planning
({,"! /. '---'
f;.t' ''V
TO:
and Zoning
SUBJECT: MEETING OF MAY 24, 1988
P & Z RECOMMENDATION RE REZONING OF PROPERTY NORTH OF
LINDELL, WEST OF FEDERAL HIGHWAY FROM RM-10 TO GC
DATE:
May 18, 1988
ITEM BEFORE THE COMMISSION:
Pursuant to recently approved procedures the item before the
commission is the planning and Zoning Board recommendation on a
request to rezoning property owned by Dominic IandiMarino which
is located north of Lindell between Federal Highway and Dixie
Boulevard (right-of-way). The property includes four separately
deeded lots which together comprise abbut one acre of land. The
attached Planning and Zoning Board staff report provides more
background information on the request itself.
PLANNING AND ZONING BOARD RECOMMENDATION:
At the Board's public hearing there was public comment in
opposition to the initially requested zoning of SC. The
applicant sought a continuance to ponder whether or not he would
alter his petition. subsequently, by letter, an attorney
formally amended the petition to seek GC zoning.
A staff recommendation was that the property be combined into one
legal description prior to rezoning so that four individual GC
parcels would not exist along Lindell. The Board considered Mr.
IandiMarino's situation where he claims that each of the parcels
has been mortgaged separately and combining them would create a
hardship. Some members (4) were sympathetic to the request and
some (3) felt that if that were the situation, perhaps the
request was premature.
The Board has recommended that the property be rezoned to GC and
did not recommend that platting into a single parcel be required.
The vote was 4-3 with the dissenting votes cast because of
desiring that the a single legal description be provided.
RECOMMENDED ACTION:
By motion, accept the Board's recommendation and direct that an
enacting ordinance be prepared and advertised for a public
:::::;:;:;,:i:::f:e:::::~ Hea<ing date would be June 14, 19B~1)
.
PLANNING ~ ZONING BOARD
CITY OF OELRAY BEACH
STAFF REPORT
MEETING DATE:
May 16. 1988 (Continued from April 18, 1988)
AGENDA ITEM:
IV.2
ITEM:
CONSIDERATION OF A REZONING FROM RM-I0 TO SC SPECIALIZED COMMERCIAL FOR
PROPERTY ON THE NORTH SIDE OF LINDELL BLVD. BETWEEN FEDERAL HIGHWAY AND
DIXIE HIGHWAY (IANDIMARINO).
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GENERAL
DATA:
CNner....................OOminic J. IandiHaclno
Aqcnt................... . Oomin1c J. IandiMaClna
LoC4tlon................ .North of l.indell Boulevard bet....een D1X1C
Boulevard and Federal Hlqh.....y
Property Sl:e...
1.tOS acres
cay Land Use PLIO...... .MF'-lO (Multiple ramlly - 10 units/acre)
Exist.lnq City Zoning.... .R11.10 (Multiple Family Resldential1
Proposed land Use Pli&n.. .Conmerclal
Proposed Zonlnq....,.,.. .SC (Spec.i"alJ.zed COtMIerclalJ
~d)accnt Zonlnq.,....... .North of subJect property 1S zoned
county CG (General Commercial}; south,
east and west of subject property 15
zoned City SC (Specialized CommerclalJ
EXlstinq land Use......, .four sinqle f~ily homes
Proposed land use....... .Permltted and conditional uses listed ~n
the Zonlnq Code under the SC Zoninq
D1StrlCt
Water Service..,........ .An 8'. main is located on the \Jest side
at ~ Hlqhway No.1 adJacent Lot 1 and a
10" maln eXlsts on the sout.h SlOe ot
Llndell Boulevard adJacent all tour ot
lots.
Se....er S~rvlce.........., ,Se\Jer eKists 'With1n the trailer park
appeoxlmatcly 80' north. Hook up may be
accomlTloCated through extcnSlon of an 8"
maln to manhole ln SOutheast corner of
trallee park IUnlty of Tltle may be
rCGuleedl.
ITEM: JY. 2.
MEMORANDUM
TO: David J. Kovacs, Director of Planning and Zoning
FROM: Paul Dorling, Planner II
SUBJECT: IANDIMARINO - REZONING REQUEST FROM RM-10 TO (SC)
SPECIALIZED COMMERCIAL
DATE: May 11, 1988
ITEM BEFORE THE BOARD:
The action
IandiMarino
Commercial.
before
rezoning
the Board is
request from
a reconsideration of the
RM-10 to (SC) specialized
f
BACKGROUND:
For complete background material, please refer to the staff
report prepared for the April 18, 1988, Planning and Zoning Board
meeting. A request for a zoning change from RM-10 to (SC)
Specialized Commercial was considered at a public hearing on
April 18, 1988, at which time the applicant sought a continuance
to the May 16th meeting. The Board also considered a Land Use
change request from MF-10 to Commercial and recommended approval
on April 18, City Commission passed this item on first reading on
May 10, 1988. The land use request is scheduled for second
reading on May 24, 1988.
PROJECT ANALYSIS:
At present) the request encompasses four individual lots with four
individual residential homes on them. In the staff review, staff
was unable to make positive finding with respect to Standard #4
(change alter population density pattern thereby increasing the
load on public facilities, streets, etc.), Standard #7 (will
change adversely affect living conditions in the neighborhood),
Standard #8 (change create or excessively increase traffic and
affect pubkic safety) and Standard #17 (has sufficient evidence
been presented to justify the need for the change) under section
30-23(D) "Standards for Evaluating Rezoning Requests".
positive finding could not be found with respect to these
standards in that the petition as requested has the potential of
allowing four separate commercial ingress and egress points along
the 361 foot frontage of this property. These potential ingress
and egress points along with the ingress and egress for the two
other properties between Dixie Boulevard and Federal Highway
TO: David J. Kovacs, Director of Planning and Zoning
RE: IandiMarino - Rezoning Request from RM-10 to (SC)
Specialized commercial
Page 2
would allow the possibility of 6 separate commercial ingress and
egress points within 656 feet.
Staff recommended that no commercial zoning be accommodated on
these four separate lots, however, should the petition be
consolidated with one description for the four lots which the
petitioner owns, it would be appropriate to entertain a
commercial designation. The applicant initially sought an (SC)
zoning classification while staff is recommending a (GC) zoning
classification. These two zoning classifications are compatible
and differ only in that automobile uses are allowed within the SC
zoning designation. The automobile policy guide has designated
this area for potential relocation of existing dealerships. The
area is not recommended for establishment of new auto
dealerships. As the applicant has indicated no potential
relocation is proposed for the site and a potential relocation
'area currently (SCl directly to south is currently vacant. Art'l
additional (SC) in, this area seems'inappropriate and could l:ie
considered speculative.
By letter of May 16, 1988, the applicant's representative has
modified his petition request to GC zoning.
ASSESSMENT:
The applicant has met with staff to discuss creating an overall
description for the four parcels. The applicant appears willing
to proceed in that manner. with the change to GC and an
indication to combine lots prior to zoning, it seems appropriate
to forward the request with a favorable recommendation.
ALTERNATIVE ACTION:
1. Continue with direction.
2. Set aside until the property currently under consideration
is submitted as a single parcel, then reconsider.
3.
Recommend approval of the modified
recommend that the zoning not be
parcel is created by replatting.
zoning request (GC) and
enacted until a single
Attachment: Letter re change of description
ref:PDMay16/A:mi
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[ITY DF DELRAY BEA[H
100 N,W. 1st AVENUE
DElRAY BEACH, FLORIDA 33444
305/243-7000
MEMORANDUM
TO:
/
Mayor and Members of City comm;~~~,on.^,-/,\ ~
Walter O. Barry, City Manager ~ c~r y
FROM:
SUBJECT:
WATER AND SEWER REVENUE BOND REFUNDING
DATE:
May 24, 1988
Attached is a memorandum from Dean Witter, our Financial Advisor and
from the Director of Finance regarding bond refinancing proposals we
received. By way of summary six of the seven proposals received are
considered by our Financial Advisor to be qualified as Senior Managers.
Dean Witter made special comment about the strong staff capability of
several including Cranston/Prescott, Prudential-Bache, Goldman/Sachs
and in the water and sewer field Arch Roberts and Company. The
marketing strength of Prudential-Bache, Goldman/Sachs and Merrill Lynch
was highlighted by Dean Witter who also felt that Cranston/Prescott had
sufficient marketing support through its affiliation with Kemper
Insurance.
While Dean Witter recommends appointment of one senior manager and one
or two additional firms as co-managers, staff believes that one
underwriting firm should be selected for negotiation. Any additional
decision regarding co-management should be made in conjunction with the
firm selected as underwriter as part of our negotitation process.
I reviewed the proposals and the Dean Witter evaluation with the
Director of Finance who is comfortable as well with either of the six
firms identified as qualified managers. The firm selected would be
expected to generate sav~ngs and additional cash flow into the Water
and Sewer Fund within the first two years. This is important to offset
the additional expenses we anticipate for the contamination cleanup of
our 20 Series Wellfie1d. The marketing strategy will be structured so
that enough longer term bonds are sold to assure that future users and
revenues obtained through litigation against those responsible for
contaminating the wellfield can be applied to long term debt service.
WOB:nr
Encl
I I
THE EFFORT ALWAYS MATTERS
L}-q
~
TO:
*r. David Huddleston
Qirector of Finance
GJly oWelray Beach
FROM:
,
Tom Gregg
DATE:
RE:
~ay 24. 1988
Pfoposals for the Refinancing of the 1984 Water and Sewer Revenue Bonds
As you requeste~, we have reviewed the seven proposals you received for the above referenced
project. With vaTying degrees of precision all of the proposals could be considered as responsive to
the City's questiqns. In addition. on the bas~ of the "Undemiter's Evaluation Worksheet", all of
the proposers ~Id be considered to be qualified as a co-manager, The best qualified firms that
could be conside~ed as senior manager are (in no order of preference):
,
Cranston/Prescott
Goldman Sachs
William R. Hough
Merrill Lynch
Pro-Bache
Arch W. Roberts
It would probably be most advantageous to appoint one firm as senior manager and one or two
additional firms at co-managers.
The most c~ono~jcally advantageous and legally sound quantitative analysis of the proposed
refunding by all applicants employed the methodolo~ of insuring the new bonds and the reselVe
fund, refunding o~y the callable bonds and applying the resulting freed up reserve fund monies to
purchase U.S. Trf3SUlY STRIP securities tor the escrow, The STRIPS cash flow is used to retirc
principal of the oUtstanding bonds in order to reduce the transfer cost resulting from the existing
escrow and, ther~foret increase savings, Minimal variations in net present value savings existed
between the vario~s analyses and could be attributed to different scales. costs of issuance, insurance
as~mptions and reinvestment ~elds, All additional teClmiques suggested aimed to further reduce
the transfer cost by appl~ng methodologies which upon preliminary discussion with bond counsel
required further ~eview (after receipt of more detailed analysis) or were not in compliance with
existing tax code, qr dId not provide for a legal defeasance of the proposed refunding bonds.
The underwriting !fees varied SUbstantially among proposal!. This variation should not be ot great
Concern for three reasons. First, firm bids were not requested. Second, the aclual costs of any bond
financing is a combination of the underwriters discount and the yield on the bond issue. Therefore,
an underwriter wilp has a hi~er discount but is a~le to sell the b~nds with a lo,:,,~r yield couJ,d result
in a lower alHn CpSt finanCing for an Issuer. Third, the City WIll have the ability to negotIate the
underwriter's fees fhroughout the financing procellS.
Finally. as a first order of business, it will be neceSSlllY for the City, the bond counsel, the financial
adVisor, and the scInior manaser to establish thc refunding tcchnique that will be pennlsaible under
current tax regula/Ions. This will permit the timely preparation of the legal documents and IfI8I1re
that no one on the; finance team proceeds under any mIsconceptions regarding the Struclure and level
of saVings.
DEPARTMENTAL
CORRESPONDENCE
CITY OF
DELRAY BEA[H
~~(j
TO Robert A. Barcinski, Assistant City Manager/
Management Services Group
FRo~avid M. Huddleston, Director of Finance
SUBJECT Bond Refinancing Proposals
UA H 05-24-88
Background
On May 17, 1988, the City received proposals from seven (7) underwriters
for the possible advanced refunding of the City's 1984 Water and Sewer
Revenue Bond. The receipt of the proposals was in response to the City's
mailing of Request for Proposals (RFPs) which was initiated by the April
14, 1988 meeting with our financial advisor Mr. Stanley Ross, Dean Witter
Reynolds, Inc. The City Manager requested this meeting to explore the
feasibility of refinancing our 1984 Issue. During the meeting, Mr. Ross
indicated that there mayor may not be sufficient dollar savings at this
time to recommend a refinancing from strictly a financial basis. Actual
savings from a refinancing would be dependent not only on the existing
market interest rate at the time of sale, but also would be dependent upon
the validity or opinion rendered by Bond Counsel on potential refinancing,
techniques. Mr. Barry expressed a desire to continue the possible
refinancing with consideration given to providing additional cash flow to
the Water and Sewer Fund to address current and potential future well
contamination costs. The requesting of proposals and even the negotiations
with an underwriter(s) would allow the City to review market conditions and
determine the feasibility of a refinancing without any obligations if the
City decides not to sell the bonds.
Proposed Format
The City received proposals from the following firms:
1. William R. Hough and Company
2. Raymond James and Associates
3. Cranston/Prescott
4. Merrill Lynch Capital Marketing
5. Prudential-Bache Capital Funding
6. Arch W. Roberts and Company
7. Goldman/Sachs and Company
The Request for Proposal asked interested firms to respond to the following
nine (9) questions:
1. Briefly describe how your firm is organized and how its resources can
be put to work for refinancing the 1984 Water and Sewer Revenue Bonds.
Provide a five year history of your firm's capital position based on
total capital, equity capital and excess net capital. In tabular
form, provide a list of your firm's experience since January 1, 1986
as a manager or co-manager in the underwriting of municipal
securities.
I I
CM362 THE EFFORT ALWAYS MATTERS
Robert A.Barcinski
Page Two
May 24, 1988
2. List the refunding issues your firm has participated in as a managing
underwriter or financial advisor during the last two years. For each
issue, identify your level of participation. the type of refunding,
size of issue, and the individual from your firm primarily responsible
for the issue.
3. Which individuals would be responsible for serving the City with this
financing; their qualifications; their availability over the next few
months; and with regard to prior financings, what have been their
specific responsibilities?
4. Under present market conditions, what marketing strategy would be
recommended and why do you feel that strategy is appropriate? In your
response, include discussion of: institutional versus retail sales,
structure of underwriting syndicate, use of municipal bond insurance,
debt structure and other pertinent information.
5. Do you feel that municipal bond insurance is appropriate for this issue
and to which companies would you send documents?
6. What specific refunding techniques would you propose to consider in
this financing? Where have you used these techniques and under what
conditions are they appropriate? (include name of bond counsel
issuing approving opinion) Are you aware of any proposed rulings from
the IRS which would affect this refunding?
7. What is your estimate of the gross spread for this issue broken down
by management fee, underwriting risk, expenses and take-down? Provide
a detailed breakdown of the expense component.
8. Who would you propose to use as underwriters counsel on this issue,
and would you seek input from the City?
9.
List any other information which is
consider in the selection process and
most important criteria?
appropriate for the City
what do you consider to be
to
the
The purpose of the RFP was to provide guidance in the selection of an
underwriter(s). The information contained in the proposals assists in
determining the firm's professional experience in packaging Water and Sewer
refinancing issues; their ability to market the City's bonds and their
creativity and knowledge of refinancing techniques. Also included in the
proposal were estimates of the underwriter's fee and the projected savings
from the refinancing proposals. The underwriter's fee is an estimate of
the underwriter's cost to the City and will vary with market conditions and
the City's negotiating efforts. The City's financial advisor will provide
actual fees for similar issues sold within a relevant time frame when the
City sells its bonds.
II
R:obert A.Barcinski
Page Three
May 24, 1988
The projected savings are also estimates of the underwriter's expectations
of market conditions and allowable techniques. This concept is also
addressed in the Dean Witter memorandum. Their review indicates that the
savings are consistent and vary based upon reinvestment rates and
techniques. The techniques would be subject to an extensive review by Bond
Counsel and their legal opinion.
Mr. Ross advised that the City should consider two or three firms to market
the potential issue based upon the dollar range of the proposed issue.
Conclusion
After reviewing the proposals, I would categorize the firms into two
categories. The first being those qualified to serve as a senior or lead
manager. The second category would be those who qualify as co-managers.
The six (6) firms listed below would seem to qualify as senior managers
based upon their marketing capabilities and professional experience.
I. Prudential-Bache Capital Funding
2. Merrill Lynch Capital Marketing
3. GOldman/Sachs and Company
4. Cranston/Prescott
5. Arch W. Roberts
6. William R. Hough
The remaining proposer is certainly qualified to serve as co-manager.
The apparent savings from the seven proposals are subject to variations in
the techniques used and their interest rate assumptions. In my discussions
with our financial advisors, the expected savings from the proposals are in
a range that falls below the normal five-percent present value savings
guideline. The five-percent present value index is the basis that is used
to determine whether to proceed with a refinancing for pure financial
reasons. Other considerations for refinancing are to eliminate outdated or
overly restrictive bond covenants and cash flow considerations. The 1984
Issue modified the previously outdated covenants.
The new tax laws restrict the number of advanced refundings. The City is
allowed one more advanced refunding on the 1984 Issue. The utilization of
this last advanced refunding would prevent the City from future savings if
and when interest rates lower and the possibility to change covenants in
the future. If the City decides to refund at this time, the City could
include less restrictive call provisions and language to allow new
covenants when the current bonds are defeased.
Options
I. The City can pursue refunding negotiations to either sell bonds, if
considered favorable, or to terminate discussions without obligation,
I lif the negotiations are not favorable.
Robert A. Barcinski
Page Four
May 24. 1988
2. The City can discontinue current refunding involvement and reconsider
the feasibility at a later time.
It is important to note that the Federal government has, as recently as
last week, made statements which have caused our Bond Counsel to look
unfavorably on one of the proposed techniques.
DMH/sam
cc: Walter O. Barry, City Manager
Stanley Ross, Dean Witter Reynolds. Inc.
Steve Sanford, Mudge, Rose, Guthrie. Alexander and Ferdon
I
,,^
j
Project & Interim
Management Executives (USA) Inc,
MAR 1 b i~88
i~ITY 1~;1i\i,' _', ; .; . ....,
'... 1"/""",.:,_,_" I"ol--J('r:
.., ", ", '.I'.
March 14, 1988
Mr. Walter Barry
city Manager
city of Delroy Beach
100 N.W. First Avenue
Delroy Beach, FL 33444
~7
Dear Mr. Barry:
I am writing to bring you up-to-date on ICMA's Interim
Management Service, a joint venture with PRIME which began last
summer. May I also take this occasion to congratulate you on
your recent appointment as city Manager. I wonder if you are
considering any staff changes, reorganization and/or special
projects. I ask because if you are, we might be able to help
you.
The enclosed materials will give you an idea of our approach to
change and transition. We are still in the "education" phase of
development, but the assignments undertaken so far have
reinforced our belief in the outsider-as-insider approach to
special projects, reorganization and just plain "gap filling "
assignments.
We expect demand to continue to grow for the ICMA service which
is aimed at cities, counties and COG's. This will be matched by
expansion in PRIME's other market areas: private business, the
non-profit sector and other levels of government. Thus, we are
interested in developing links to potential clients and/or
client groups as well as building our network of potential
interim managers (IMS) for the immediate-, medium-, and
long-term.
City and county managers are important to us as both potential
clients and potential project and interim managers. We
appreciate anything you can do to "spread the word" and I would
welcome any ideas you may have about how we could improve our
client and 1M networks. Of course, if you think we might be
able to help you with something, please contact us [either
Michele Martin at ICMA (202)626-4640 or myself, here in Boston.]
Let's keep in touch.
Yours sincerely,
A~ lihf!::;;
President '0'" .L.L.L
Suitt' 400, World Trade Center
Boston, Mass(Jcnusetfs 02210
(6/7) 439,5322
50
ABH/eep
I
The Interim Manaaer: Chanae Aaent
And Consensus Builder
by
Jeffrey D. Nutting
PRIME Project and Interim Management Executives (USA), Inc.
The departure of a municipal manager can provoke chaos.
Good government depends so heavily on institutional expertise --
the acquired skills and understanding that enable a manager to
do a job well -- that when a competent executive moves on, prog-
ress can come to a jolting stop.
When one manager and his Town's council could no longer see
eye to eye, ,the manager's resignation eased tensions, but ope-
ratioris . were ,jeopardized. Faced with this troubling, if not un~
common, predicament the community looked to an interim manager
(1M). A professional interim manager who was an experienced mu-
nicipal manager took over the day to day direction of the town,
while simultaneously helping the town to recruit a permanent
replacement.
The interim manager faced a three-fold challenge. First, he
had to ensure the continuation of vital programs and operations,
and see to the administrative requirements that all communities
are obligated to fulfill. Second, he had to unify a workforce
which had been fractured by controversy involving the previous
manager and fueled by his departure. Finally, using his expe-
rience and objectivity, he needed to push forward long-needed
organizational improvements and to implement new policies to
foster long-term efficiency. overcoming the combination of
these challenges would lay the groundwork necessary for the
newly recruited manager to hit the ground running.
Unburdened by political baggage or the weight of tradition,
the 1M forged consensus on projects which had long been left
unresolved or unattended. He secured agreement on a site for
low-income housing after two previous proposals had been de-
feated. He oversaw a wage and classification study which led to
improved equity and competitiveness in salaries for the town's
workforce. Following the study, he completed collective bar-
gaining negotiations with clerical employees which had festered
for over eighteen months.
l
In addition, the interim manager brought new ideas. He
altered the hours of service of town offices to better meet the
needs and convenience of the public. He instituted a new fee
structure which improved revenue and more accurately reflected
the full costs of town services. A safety committee was orga-
nized to reduce workers' compensation claims. Equally, if not
more important, the stint of the interim manager re-established
confidence in town government, both within the workforce and
among the public. Morale improved, and the air was clear when
the new manager moved into office.
Not all these achievements came easily. Controversy ine-
vitably accompanies change, but his objectivity as an outsider
and his credibility as an experienced practitioner working as an
insider, enabled the 1M to overcome long-standing politically
charged obstacles to effective governance.
Some of the benefits the 1M was able to bring to his short-
term assignment went beyond his individual skills as a leader,
and manager. Some were specific to interim mariagement~ A
qualified interim manager can:
o Identify organizational and operational deficiencies in a
short period of time:
o Propose and implement solutions which are both innovative
and practical:
o Confront politically charged issues with complete candor
and objectivity:
o Bring a fresh perspective, supported by broad experience,
to long-standing problems and disputes:
o Focus his energies and talents on a short-term assignment
infusing new ideas and energy into a sluggish or over-
burdened workforce.
At the same time, an
good programs and good
place.
In another assignment, an 1M filled a specially created tem-
porary slot to help the Planning and community Development de-
partment of a community (pop. 44,000) to get its schedule of pro-
jects moving, and to promote teamwork. The staff's technical
skills were superb, but understaffing and a dramatically heavier
workload resulted in long project delays and cost overruns.
effective interim manager ensures that
people who are in place will stay in
-2-
l
Complaints and backlash from elected officials and the public
were inevitable.
During his four months with the city, the IM instructed and
assisted the staff in managing schedules and controlling bud-
gets. Although his technical skills in planning were limited,
the IM's ability as a manager enabled the staff to use their
strong skills in a more productive and cohesive environment.
In addition to resolving scheduling and budgeting difficul-
ties, the IM built'a better working environment for the depart-
ment's employees at all levels. At the executive level, he
helped the town manager and the director of the department to
reach a common understanding of the department's capacity and to
clarify their mutual expectations. For all department staff, he
instituted the. practice of "quiet time," when each employee is
entitled (and scheduled) to be free from interruptions, phone
calls, and questions from the public. Some job responsibilities
were shifted to better match employees' skills and the IM spent
considerable, time with the director to improve his skills in
project management and in delegating work.efficiently.
In both assignments, the IM was successful in promoting co-
ordination in the wake of chaos. Combining his individual ta-
lents as a manager with the benefits of interim management he
was able:
o To make substantial changes with a minimum of strife and
political pain.
o To improve both operations and organization without re-
quiring additional permanent positions and bureaucracy.
o To build a more
ronment where good
good job.
productive and energetic working envi-
people are anxious and able to do a
-3-
l
".j
RESOLUTION NO. 30-88
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 Counci 1 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 $3,014.00
Three thousana rourteen dollars and no/lOO dollars as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel (s) of land described in said report and in the amount (s) indi-
cated thereon. Said assessments so levied shall, if not paid within
sr~
thirty (30) days after mailing of the notice described in Section 9-483
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Council of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement,action regarding an,
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution 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
, 19
day
MAY 0 R
ATTEST:
City Clerk
- 2 -
Res. No. 30-88
NOI'ICE OF ASSESSMENT
~ J ~ '1/ H',pr;
Date
TO: Hattie Hardwick
37 NW 10th Avenue, De1ray Beach, Fl 33~~~
ADDRESS:
37 and 37~ NW 10th Avenue, De1ray Beach, Fl 33~~4
PROPERlY:
LEGAL D~ION: Lot 4, Block C, West Side Heights, according to Plat Book 13,
Page b! or tne OI!lclal recoros or ~alm neacn ~ounty, rl
You, as the record owner of, or holder of an interest in, the above-described
property are hereby advised that a CXJst of $3,014.00 by resolution of
the City Council of the City of Delray Beach, Florida, dated -yy) /It} ..:t s't
19 Sf, has been levied against the above-described property.
The CXJsts were incurred as a result of a nuisance abatement action regarding
the above-described'property. You were given written notice on 8-12-87
that the building official has detennined that a building located on the above-
described property was unsafe. You were advised in that notice of the action to
be taken to rE!m3d.y that unsafe CXJndition and of the tirre within which the rE!m3d.ial
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 corrective action required by the decision of
the Board of Construction Appeals within a stated period of
tirre. You failed to take the action as required by the order
of the Board of Construction Appeals.
'Ihe City of Delray Beach has therefore taken rE!m3d.ial action to rarove the'
unsafe CXJndition existing on the above-described property on 5-9-88
at a CXJst of $3,014.00 which includes a ten percent (10%)
administrative fee. If you fail to pay this cost within thirty (30) days, that
cos~ shall be recorded on the Official Records of Palm Beach County, Florida
ag~t 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 <XJ{JOCIL.
~?e. ./,,.~ cfi-' ... H
, City C erk
300 West Atlantic Avenue . Delray Beach, Florida 33444,3666
407 (~243,7888
iI~'~1 ~",,', ~",','
~ "'"
~ ,
Delray Beach Police Department
CHARLES KILGORE
Chief of Police
MEMORANDUM
TO: Walter O. Barry
City Manager
FROM: Charles Kilgore
Chief of Police
DATE: May 11. 1988
SUBJECT: 1~IE8LQC~L ~G8EE~E~ILE=~11 E~E8GE~CY
E~Q~E ~U~8E8 SYSIE~
We have received the
Interloca1 Agreement
Commissioners of Palm
Beach and had changes
amounts on page 3.
attached three
between the
Beach County and
made regarding
(3) copies
Board of
the City of
address and
of the
County
Delray
doll ar'
At this point in time. we recommend to yOU that the Mayor
execute the City's portion of the agreements after review.
returning two (2) copies to the Board of County Commissioners
(one (1) may be retained by the City Clerk).
As you may know by now. Palm Beach County has the authority
to collect UP to 50 cents per telephone line throughout Palm
Beach County. These monies are collected by Southern Bell
and then used to operate all the answering points throuqhout
the County for the E-911 system. We feel this is not only
necessary. but very cost effective.
Your approval wi 11 be appreciated.
-
Respectfully submitted.
gb
Attachments (3)
I
52
PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER
lIJ!l:illl.1J\L 1\('1" :1:i"J'lf
i'1:1'..;J:I,N TilE IY)!'dm (IF, COUNlY C,H,II;,;,'3WIIi;PS OF 1'1\11'1
BJ':l\1'I1 COUlny, FIDHJ.lJI\, il1'm THE
CITY OF DELRAY BEACH
FOP TilE ENIIMKI-:I'lENT I\ND Iil\1WrENTINCE OF TilE
E- 9 -1-1 EI,ll,:nGENCY TFLEFIiONE tJUIllJER SY STEM
TillS I\Cln:EnENT is l11cHJe ':-l11d entered into' this
d~y of
1988, by ilnd bct",,'cn l'I\LH IJEl\CII COUljTY, i'l polil ic,ll
'3ubdivi'3ion of tile Stilte of Florida, "hose ilddrcss is 301 north
OliVe? I\ve?nue?, ',vr,,;t ['illm Brilch, Florida 33101, lle?reiJ",fter
referre?d to ilS COUNTY and the
CITY OF DELRAY BEACH
a Florida lrlunicjpal corLior"tion, h'hose address is
100 N.W. 1 'IYJE'WE, DELRAY BEACH, FLORIDA 33444
he?rein re?ferr0d to as the CITY/TOWN,
l'ilIF1<Ei\5, TilE COUNTY I\ND CITY/'l'O'.m, desire to 1I11J1Uil] "1'
coope?rate with coach other; and
\vIlEREl\S, enhancing and funding the E-9-1-1 Emergency
T2lcpllone Number System requires establishing funding
COlTIlnitments and dates; and
IVIlEREl\S, the COUNTY and tile CITY/TOIVN desire to
establish funding level sand J!1ethods for the procurC'ITIent of
nC'cC'ssary E 9-1-1 Ein(,rcJ',ncy Telq)ilone Number System equiplllcollt;
and
\'i11EHEI\S, tile CJ)JJIn'Y and CITY/TOI';N desire to estilb1i"h
projected dates of project completion seguences in order to
develop a totally enhanced (E 9-1-1) systcm; and
I
IvIlEHEAS, entering into this IntC'rlocal l\grcC'lllC'nt IS 11
thC' bcost interests of tile citizC'ns of Palm Beach County as it ',;j 1]
bC'nefit the ilealth, safety and welfare of said citizens.
Upon ta~ g custody and control of c
procured item or project,
the CITY/TOWN shall assume all liability pertaining to the
procured items or projects and the COUNTY shall be relieved from
any liability, under any theory of law, whatsoever. Any claim
or action based upon faulty manufacture, construction, or
performance shall be against the manufacturer or the contractor
performing the work as the case may be.
3. The following equipment and services are required
to operate the E-9-l-l Emergency Telephone System in the
CITY OF DELRAY BEACH
and shall include all maintenance and recurring costs which will
be assumed by the County:
*
Maintenance of existing equipment providing
Automatic (telephone) Number Identification and
Automatic (ANI), and Automatic Location Information
(ALI) at a recurring monthly cost of $1,319.00.
(To be paid directly to Southern Bell)
*
Upgrade existing 9-l-1 equipment to permit CAD
Interface and ALI printer at a cost of $19,535.00.
(To be paid directly to Southern Bell)
*
Two (2) Instant Playback Recorders at an
additional cost of $7,072.00 including a
maintenance agreement for the first twelve (12)
months.
*
Maintenance of existing Logging Recorder and
Instant Playback Recorders at an annual cost of
$ 3 , 580 . 00 .
*
Telecommunication Devices for the Deaf (TDD)
at an initial cost of $18.38 and a monthly
recurring cost of $10.96.
Two addition answering positions at an initial cost
of $11,500.00 and an additional $550.00 per month.
(To be paid directly to Southern Bell)
i
*
-3-
NOW THEREFORE, in consideration of the premises and
promises herein contained, it is mutually agreed between the
parties as follows:
I. The purpose of this Agreement is to establish not-
to-exceed funding levels, maintenance and recurring costs
responsibilities, required completion dates for projects and
procurements, reimbursement dates and related procedures and
provisions pertaining to the E 9-1-1 Emergency Telephone Number
System as it relates to the parties hereto. The items listed
herein and the responsibilities assigned are not all inclusive.
The E-9-1-1 Emergency Telephone Number System in Palm Beach
County may require additional commitments by the parties
exceeding the commitments made herein. Accordingly, this
document does not represent a limitation of E-9-1-1 needs or
requirements. If a date mentioned herein as a required
completion date is a date prior to the execution of this
Agreement. such condition shall not operate as a waiver of such
required completion date, but shall operate as a ratification
and reaffirmation of same. If a required completion date is not
complied with, the date of reimbursement shall be delayed by a
number of days equal to the days exceeded.
2. The provisions of this Agreement are subject to
COUNTY's fund availability. If COUNTY shall not have funds
available to fulfill the fiscal requirements of the projects and
procurements set forth herein, it shall have no obligation to
ijund or complete any of the projects or to procure the items
mentioned herein. COUNTY's obligation as to the procurement of
the items and projects herein described shall not exceed the
amount assigned to each item or project and the CITY/TOWN shall
be liable for and pay any additional costs.
-2-
4. Any dispute as to the terms of this INTERLOCAL
AGREEMENT between the COUNTY and the
or any other matter shall be submitted to the COUNTY's 911
Management Office in writing. All such conflicts shall be
determined by the governing body of the COUNTY whose decision
shall be final and conclusive unless reconsidered and amended.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seal the day and year first above written.
ATTEST:
CITY/TOWN OF
CITY OP ;QELRAY BEA~H
BY:
City Clerk
Date:
- __...,..._.----1
PALM BEACH COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY COMMISSIONERS
Carol A. Roberts, Chair
Date
JOHN B. DUNKLE, Clerk
As authorized for execution
by the Board of County
Commissioners at their
regular meeting
on
By:
Approved as to form
and legal sufficiency
County Attorney
I
[ITY OF DELRAY BEA[H
CITY ATTORNEY'S OFFICE ,\1'5,1., """I SIIII"
III I ]{ \ " III \( I i. I l.lJl{ 11).\ .\_;";~.'
.\" ~ ~ -I:;. - I"
May 13, 1988
Sharon. Martin
American Legal PUblishing Corporation
133 West Fourth Street
Cincinnati, Ohio 45202
Dear Sharon:
It would be appl'eciated if you could give us your input as to
the appropriate date to be placed in the blanks in Sections 10
and 11 of the ordinance.
We .would also request., that youpr,ovide our office with, yourl
suggested fonnat for an ordinance which would amend the City!
Charter to change the name of the City council to City Commis-,
sion. After further review, it continues to be my position
that such a modification can be made by the City Commission to
its City Charter without the need or necessity for a refer-
endum. My only question remains whether or not we should adopt
that ordinance changing the name of the City Commission, prior
to the l'ecodification ordinance or subsequent to it, on the
agenda for June.
Sincerely,
OFFICE OF THE CITY ATTORNEY
CITY OF RAY BEACH, FLORIDA
By:
Her ert W. A. Thiele, Esq.
City Attorney
HT:sh
Attachment
S3
[ITY OF DELRAY BEA[H
CITY ATTORNEY'S OFFICE .,,, "'Ii""
'i( lil-l
il; II{ \'1 III \('11, I LORJDA 33483
3051243,7090
o1EMORANDUM
Date: April 8, 1988
To: Walter O. Barry, City Manager
From: Herbert W.A. Thiele, City Attorney
SUbject: Finalization of Recodification of City of Delray
Beach Code of Ordinances
As a follow-up t,o my memorandum to you of April 8, 1988,
'enC10sl,'ld p.lease find correspondence, fr;om American Legal
Publishing Corporation Vice President/Editor-in-Chief SharonL.
Martin, which confirms the basic content of the memorandum
previously sent to you, as well as the list of items which
American Legal Publishing continues to need from the City to
finalize.
In addition, you will note that Ms. Martin has raised a concern
with regard to the City's authority to amend the City Charter
by ordinance alone (rather than through referendum) to change
the name of the City Council in the City Charter in addition to
the Code of Ordinances.
It is Ms. Martin's suggestion that rather than change the name
directly in the Charter, that we change same in the Code of
Ordinances, and make an editorial note in the Charter that
whenever the words "City Council" appear that they shall be
deemed to be "City Commission", and that phrase "City
Commission" will be used in the Code of Ordinances.
While I understand Ms. Martin's concerns, I am not sure that
this is still not possible to be done purely by an ordinance
adoption by the City Commission. Since we will not be adopting
the entire code until June, the City Attorney's Office will
undertake additional research on the subject and shall provide
you with additional information as we obtain it. However, in
the interim, we wanted to advise you of this concern so that
you may provide us with any input that you might have.
Additionally, we have enclosed herewith a draft of an ordinance
which would enact the new Code of Ordinances for your review
and comment, if any.
Walter O. Barry, City Manager
April 8, 1988
Page 2
If you have any questions, please contact me personally at your
earliest convenience.
~
HT:sh
Attachments
cc: City Commission
Robert Barcinski, Assistant City Manager
Elizabeth Arnau, City Clerk
Sharon L. Martin, Esq., Vice president/Editor-In-Chief,
American Legal PUblishing Corporation
I
ut:.t-' At; Nlt:N I AL
CORRESPONDENCE
[IIY OF
DELRAYBEA[H
~(i
TO
Walter O. Barry, City Manager
FROM
Robert S. Pontek, Director of Public Utilities
SUBJECT PAYMENT REQUEST 1125 - S.G. PHILLIPS - SCRWTDB
DATE
5/2/88
Attached please find progress payment request #25 in
of $14,520.00 with the Delray Beach approved share
$7,260.00. Both the Executive Director and the
Engineers have approved this request for payment.
the amount
amount of
Consulting
Kindly place this request for payment before the City Commission
for ratification. Funds for the RWWTP expansion were obtained
from the 1984 Revenue Bond.
Incidentally, the SCRWTD Board will be requested to reduce the
remaining retainage of $25,000 to zero at their May 4th quarterly
meeting.
Pontek
RSP:smw
eM 362
THE EFFORT ALWAYS MATTERS
~
I
.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue. Delray Beach, Florida 33445
BOARD
City Council Member. of
Boynton Beach &; Delny Beach
@
Telephone
272,7061 73.,2577
~
March 15, 1988
(
City of Boynton Beach
Attention: John Guidry
Utilities Director
POBox 310
Boynton Beach, Florida
33435
City of Delray Beach
Attention: Robert Pontek
Utilities Director
200 N.W. 1st Avenue
Delray Beach, Florida
33444
Gentlemen:
Attached please find Russell and Axon 'srec-'
ommendation for payment of Periodic Request 'No. 25 on
the Plant Exoansion Project.with 'S.G. Phillips Contractors
Inc. in relationto their work effort to date on the plant
expansion project.
I have reviewed this period~request and concur
with the recommendation for payment.
The amount of the Periodic Pay Request is
$14,520.00 and each city is requested to pay 50%
representing their portion.
Plea-e review this request and if you have any
questions, please contact me at the Board office.
DC:ss
Sincerely,
)LiJ~'
David Cipriani
Acting Executive Director
enclosure
. 7
, {j).'-(,Q/
A,J:::::: p:' .,' f~jV: '7,(.c" ~/vl
CP' '~/l-1{; "'? I
yC/ ? 1ft/I'
/". ~
"Jj3Cj /
I
j
~ i
~
"
'4
l'
.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue. De1ray Beach. Florida 33445
BOARD
City Coundl Membtn of
Boynton s..ch &; Delr.y Be.eh
@
Telephone
272.7061 734.2577
March 15, 1988
REQUISITION NO.' 25
S. G. PHILLIPS CONTRACTORS INC.
24MGD PLANT EXPANSION
TOTAL CONTRAcr: 9,497,777 . 00
ADD CHANGE ORDERS 276,082.25
DEDUCT CHANGE ORDERS '27,067.00
CONTRACT TO DATE: 9,746,792.25
OOMPLETED TO DATE 9,497, 77 7 . 00
EXTRA WORK TO DATE 249,015.25
TOTAL WORK COMPLETE 9,746,792.25
LESS RETAINAGE 25,000.00
NET AMJUNT EARNED
ON WORK TO DATE 9, 721, 79~.25
LESS PREV.PAYMENTS 9,707,272.25
BAL.DUE THIS INVOICE:
~--
14,520.00' /;;ji2...-~d~,
. c:.3c- C'C'. 'I
~39- -=;/i-Z -.,;' .
7,260.00 .
50% DUE FROM EACH CITY
THANK YOU.
PLEASE MAKE CHECK PAYABLE TO: S.G. PHILLIPS CONTRACTORS INC,
PO BOX 510
WAITFIELD, VERMONT 05673
TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
Mr. Walter O. Barry
City Manager
Robert S. Pontek
Director of Public Utilities
PAYMENT REQUEST # 26
FINAL PAYMENT FOR S.G. PHILLIPS
May 16, 1988
The SCRWWTD Board approved Request # 26 and final payment
reduction of retainage to zero at their May lIth meeting.
approval releases the entire RWWTP expansion and allow
contractor to be fully released from the project.
with
This
the
Kindly place this before the City conunission so they may ratify
the approval provided by the SCRWWTD Board.
Thank
you!
/
o ./ ~/~7
~ /~'0?f:
.' ,.1{~ , /. i:C-/." 'f"('
pontek / ---
RSP:aae
ATTS:
flY
~,S
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress A venue . Delray Beach. Florida 33445
DAVID CIPRIANI
EXf!curilJe Director
..,,,...,.,.,.,..
~ "~'\.'
:M'~:~~C \
~ ~
~\ i
3;;, ~.
Telephone
272-7061 734-2577
May 12, 1988
City of Boynton Beach
Mr. John Guidry
PO Box 310
Boynton Beach, Florida
33435
City of Delray Beach
Mr. Robert Pontek
200 N.W. 1st Avenue
Delray Beach, Florida
33444
RE: FINAL REQUISITION FOR PAYMENT - S.G. PHILLIPS CONSTRUCTORS INC.
PLANT EXPANSION
Gentlemen:
Attached please find Russell and Axon's recommendation
for final' payment to S. G. Phillips Cons1::ructors Inc. with
reference to the plant expansion project.
I have reviewed this requisition and concur with their
recommendation for payment.
The amount of this request for payment is $25,000 and
each city is requested to pay 50% representing their portion.
~lease review this requ~st and if you have any questions,
please feel free to contact the Board office.
Yours very truly,
AJ~ C~
David A. Ci.priani
Acting Executive Director
DC:ss
enc.
Sc,_ fH CENTRAL REGIONAL wASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue. Delray Beach. Florida 33445
BOARD
City Council Members of
Boynton Beach & Oelray Beach
Telephone
272.7061 734.2577
May 12, 1988
REQUISITION NO. 26 S.G. PHILLIPS CONSTRUCTORS INC.
24MGD PLANT EXPANSION
TOTAL CONTRACT $9,497,777 .00
ADD CHANGE ORDERS
DEDUCT CHANGE ORDERS
CONTRACT TO DATE:
COMPLETED TO DATE:
EXTRA WORK TO DATE
$ 276,082.25
$ 27,067.00
$9,746,792.25
$9,497,77'7.00
$ 249,015.25
COMPLETED TO DATE:(TOTAL) $9,746,792.25
LESS RETAL'<AGE
NET AMOUNT EARNED LESS
RETAINAGE
Less Previous Payments
Bal. Due This Invoice
50% Due from Each City
Thank You.
Please mail check direct to:
.00
$9,746,792.25
$9,721,792.25
$
25,000.00
o
12,500.00
S.G.Phi11ips Constructors Inc.
PO Box 510 '
Waitfie1d, Vermont 05673
DEPARTMENTAL
CORRESt-ONDENCE
FROMt~erald
B. Church, P.E., Acting Director of Public
Works/City Engineer
[ITY DF <Il cl
) \
DELRAY BEA[H
~~~
TO Walter O. Barry, City Manager
SUBJECT PALM BEACH COUNTY BEACHES AND SHORES COUNCIL
I~"" 5/6/88
Kindly place an item on the Commission agenda whereby Trish Brainerd is appointed
to fill the seat of past Commissioner Dougherty on the Council.
The Council meets regularly on the second Monday of each month. The next
meeting is scheduled for May 13, 1988 at 1:30 p.m. at the 5th floor conference
room, County Engineer Department on Belvedere Road.
JPW:GBC:mld
Sl
eM 362
THE EFFORT ALWAYS MATTERS
CITY COMMISSION DOCUMENTATION
-; (2. ~1 ~'c'-ilv,.r
,-"~
.J-~
FROM:
~lter O. Barry, City Manager
~0~-cj j ko()c,~
David J. Kovacs, Director of Planning and Zoning
TO:
SUBJECT: MEETING OF MAY 24, 1988
P & Z RECOMMENDATION RE ANNEXATION OF PROPERTY WITHIN
ENCLAVE NUMBER 55
DATE:
May 18, 1988
ITEM BEFORE THE COMMISSION:
Pursuant to recently approved procedures the item before the
Commission is the Planning and Zoning l30ard recommendation on a'
voluntary annexation petition which has been submitted for
property owned by A&R Larson and for adjacent property both of
which comprise the totality of Enclave 55. The attached Planning
and Zoning Board staff report provides more background
information on the request itself.
PLANNING AND ZONING BOARD RECOMMENDATION:
At the Board's public hearing there was public comment in
objection to affixing initial City zoning of SC as requested in
the voluntary petition presented by A&R Larson and as recommended
by staff. The Board felt that GC zoning was preferable to an SC
designation. The agent requested an extension and then, by
letter, amended the petition to GC. The balance of the
Enclave was recommended for GC zoning and there was no public
comment on that parcel.
The Board has recommended that the property be annexed with GC
zoning.
RECOMMENDED ACTION:
By motion, accept the Board's recommendation and direct that
enacting ordinances be prepared and advertised for a pUblic
hearing at first reading. There will be two ordinances: one for
the voluntary annexation and the other for the balance of the
Enclave. Hearing date would be June 28, 1988.
Attachment:
- P & Z Staff Report
REFldk#20/a:CCLARSON
S1
PLANNING c ZONING
CITY OF OELRRY
BORRD
BEACH
STAFF REPORT
MEETING DATE:
M~y
11'.
,
lQRR (r~nrinued from April 18, 1988)
AGENDA ITEM: IV. I,
CONSIDERATION OF THE A&R LARSON ANNEXATION REQUEST WITH INITIAL CITY ZONING
ITEM: OF SC SPEClAUZED COMMERCIAL. PROPERTY LOCATED ON THE WEST SIDE OF FEDERAL
HIGHWAY NORTH OF THE C -15 CANAL.
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GENERAL DATA:
Owner.......................... .A&R Larson, Inc.
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Roger Saberson
Location..... North" t f
................... ....es corner 0 Federal
Highway and the C-15 Canal
Property size................... .59 acres
County Land Use Plan...., .......Low-Medium Residential with
Commercial potent~al
City Land Use Plan............. . Commercial
County Zoning C
................... G (General Commercial)
Adj acent Zoning , N
.... ..... ........ orth and south of subject
property is zoned County CG
(Ge~eral Commercial); east of
subJect property is zoned RM-lO
(Multiple Family Residential) and
west is zoned SC (Specialized
Commercial)
EXisting Land Use. ...... ....... .Fruit and vegetable market
Proposed Land Use.. ..... .... .., .Fruit and vegetable market
WateI'
Service. V,' a 2" .
.................. a water l~ne extended in
the past by the City of Delray
J Beach for sprinkler use
Ser ice A ' 1
. . . . . . . . . . . . . . .. . .. val able pursuant to the
development of the Lehman site
ITEM:
(ll
,tl.-l
Sewer
ITEM BEFORE THE BOARD:
The action before the Board is that of a reconsideration of the
A&R Larson annexation request with zoning of GC.
BACKGROUND:
For complete background material, please refer to the staff
report prepared for the April 18, 1988, meeting. The applicant
had originally requested an (SC) zoning classification for this
parcel. The Board and public had expressed opposition to this
zoning designation at the public hearing on April 18,1988. The
opposition was expressed in that the parcel did not meet the
minimum size requirement for this zoning designation and any
zoning of this type would be speculative and inappropriate for
the Board to approve. The Board asked the applicant's attorney,
(Roger Saberson), if he would be willing to modify the
application to GC, as the SC zoning classification recommendation
would be denied. The applicant's attorney asked for a 30 day
extension so he could confer with his client who was not present.
~
On April 20, 198&, the 'applicant '.s attorney contacted the
Planning and Zoning Department by letter and formally amended the
application request from initial zoning (SC) Specialized
Commercial to (GC) General Commercial. This is the, petition
before you.
Annexation Analysis:
This complete analysis has been provided in the previous April
18, 1988, staff report.
Zoninq Analysis:
This application
under Section
Requests".
for (GC)
30-23(D)
General Commercial, has been assessed
"Standards for Evaluating Rezone
Standard #1 and #2 (will the change be contrary to the proposed
Land Use Plan or existing Land Use pattern) - The change will be
consistent with the current commercial Land Use designation. The
proposed GC zoning will be consistent with the balance of Enclave
55 recommended for annexation and initial zoning of (GC) General
Commercial by the Planning and Zoning Board at its April 18,
1988, meeting. The existing use, that of a fruit and vegetable
market is a permitted use within the GC zoning district.
Standard #3 (spot zoning) - The proposed zoning classification of
(GC) General Commercial for the A & R Larson vOluntary annexation
is consistent with the GC classification given to the balance of
Enclave 55 immediately to the north. Though these two parcels
create an isolated pocket of GC bordered by (SC) to the north and
west, they are not considered spot zoning in that (GC) and (SC)
TO: Planni and Zoning Board
RE: A & R Larson Annexation Initial Zoning to GC
Page 2
zoning classifications are considered compatible zoning
categories. These two zoning classifications are essentially the
same except the SC zoning classification also allows automobile
related uses.
Standard #4 (load on public facilities) - This standard does not
really apply as utilities will be provide by future development
and current access from US Highway No.1 is adequate. This
proposal is consistent with the land use designation for which
public facilities have been planned.
Standard #5 (district boundaries) The A & R Larson site
boundaries are consistent with adjacent (SC) zon~ng designations
in that the zoning categories are considered compatible.
Standard #6 (changing conditions made rezoning necessary),
Standard #7 (change adversely influence neighborhoods), Standa~d
#8 (change, create increased traffic) and Standard #9 (chanqe
create a drainage probiem). These standards do riot apply as the
A&R Larson site is an existing use to be annexed as is.
Standard #10 (changes impact on light and air) and Standard #11
(effect on property values) - Do not apply as this is an existing
use.
Standard #12 (deterrent to improvement to adjacent properties)
The proposed commercial designation would not be a deterrent to
improvements to adjacent commercial properties. It may in fact
promote consolidation and development of now vacant adjacent
commercial properties.
Standard #13 (special privileges) - Granting of the GC General
Commercial zoning classification would not give the applicant
special privileges. It is one of the four zoning classifications
which permit the existing use and is the recommended zoning
classification for this parcel by the City's Enclave Report.
Standard #14 (property used with existing zoning), Standard #15
(change out of scale), Standard #16 (other areas with appropriate
zoning) and Standard #17 (sufficient evidence need of change)
These standards do not apply as the A&R Larson site is an
existing use and the application is for initial zoning.
ASSESSMENT AND CONCLUSIONS:
The property is eligible for annexation and it is a City policy
to annex whenever possible. The proposed zoning designation of
GC General Commercial is the recommended zoning classification in
the City's "Enclave Report" and is the recommended designation of
TO: Planni and Zoning Board
RE: A & R ~~rson Annexation Initial Zoning to GC
Page 3
the Planning and Zoning Board per discussions on initial petition
before the Board at its meeting of April 18, 1988. It appears
appropriate upon positive findings to recommend approval of the
annexation request with initial zoning of (GC) General
Commercial.
ALTERNATIVE ACTION:
1. Continue with direction.
2. Recommend approval of the A&R Larson annexation with initial
zoning of (GC) General Commercial upon positive findings
with regard to the following:
a. That the annexation will not create an additional
enclave (s).
b. That service will be provided to the property in ~a
manner similar to that ,for similarly situat~d
properties which are already in the City. '
c. That the proposed zoning of (GC) General Commercial is
consistent with the adjacent zoning and complies (does
not conflict) with all of the seventeen standards for
evaluating rezoning requests as found in Section
30-23(D).
d. The proposed zoning is consistent (does not conflict)
with the existing County zoning of (GC) General
Commercial or the existing use (fruit and vegetable
stand) .
e. The proposed zoning is consistent (does not conflict)
with the City's Land Use Plan designation of (C)
Commercial for the property.
RECOMMENDED ACTION:
Alternative Action #2.
ref:PDMay16/A:arlsr
PLANNING 8
CITY OF OELRAY
ZONING BOARD
BEACH
STAFF REPORT
MEETING DATE: APRIL 18, 1988
AGENDA ITEM:
III.B
ITEM:
CONSIDERATION OF THE BALANCE OF ENCLAVE 55 FOR ANNEXATION WITH CITY ZONING
~r r.~NP~AT rOMMPRrTAT
~~.. ~~ f ~~.
...
GENERAL
DATA:
O...ners. ........ ................ .Vincent c. :,..i'illiams
LOcation....................... .Northwest corner of Federa.l
Highway and the C-15 Canal
Description.....................Del_Raton Park Subdivision, West
side of Federal Highway, south of
Tropic Isle Drive extended
Enclave Size.................... .61 acres (excluding .59 acres
for A&R Larson, Inc.)
Jurisdiction................... .Palm Beach County
County Land Use Plan............Low-Medium Residential with
Commercial potential
City Land Use Plan........ ......Commercial
County Zoning.................. .CG (General Commercial)
Proposed City Zoning............GC (General Commercial)
Current Use.................... .Vacant
Water Service.................. .Via a 2" water line extended in
the past by the City of Delray
Beach for sprinkler use
Sewer Service............ .......Available pursuant to the
development of the Lehman site
ITEM:JI[
ITEM BEFORE THE BOARD:
The action being requested of the Board is that of making a
recommendation on a voluntary annexation with initial zoning of
SC (Specialized Commercial) for the A&R Larson property located
on Federal Highway at the southern City limits. By separate
action under the Enclave Act, the balance of Enclave No.55
consisting of approximately .3 acres to the north of this
property, is proposed to be annexed by the City with initial
zoning of GC (General Commercial). The A&R Larson property is
the present site of a fruit/farmers market while the balance of
Enclave No.55 located immediately north is presently vacant.
BACKGROUND:
No history was available on the entire enclave as the property is
a County parcel. The fruit stand has been located on the A&R
Larson site -for many years. A two inch water service line now
extends to the property from a main at Lindell Boulevard. The two
inch line was extended by the City several years ago for a
sprinkler system thought at one time to service the medi.n
adjacent-this property. The A&R Larson site is presently n~t
hooked into this line but could be'accommodated. The site is
presently on a septic system. The balance of this enclave
consisting of approximately .3 of an acre is vacant and utilizes
no City services.
Annexation Analysis:
The A&R Larson site
comprise an entire
annexation will annex
additional enclave.
and the.3 vacant
official "enclave"
the entire enclave,
parcel to the north,
(area No.55). This
therefore not create an
The entire enclave is contiguous to the City via the Lehman
property to the north, south, west and Federal Highway and
commercial property to the east. The site is serviceable in that
a 2" water main has been extended adjacent both sites from
Lindell Boulevard. Sewer to A&R Larson site is provided by a
septic field, no sewer facilities exist on the parcel to the
north. Both the applicant for the vOluntary annexation and the
owner of the parcel to the north would be required to connect to
the sewer main when service becomes available. Sewer will be
available with the 10" main extension required with development
of these or adjacent parcels.
Pursuant to the City's Enclave Report, this enclave will receive
a Level of Service C upon annexation. The enclave would receive
a low level of service due to the lack of sewer service as well
as inadequate fire protection as there are no fire hydrants
within serviceable range. Sewer and water main extension will be
required by the developer of properties in this area. There are
TO: Plann~ng anu Zoning Board
RE: Staff Report - A & R Larson Annexation/Rezoning
Page 2
no required findings other than annexation will not create an
enclave, required by FloridalStatutes, prior to approval of a
voluntary annexation. This annexation will include the entire
enclave thereby not creating an additional enclave.
Comprehensive Plan Matters:
The Land Use Map identifies this area as C (Commercial). The
property is not encompassed by any other Land Use Map or plan.
Though the use (fruit market) is allowed as a permitted use
within the SC zoning district, with a SC zoning classification,
this property will become nonconforming from a site development
standpoint. This site has an average depth of 96" and does not
meet the minimum depth of 100' required for the SC (Specialized
Commercial) zoning classification. The parcel to the north being
annexed meets all minimum requirements for depth, width and area
required ,in the GC zoning classification. ;
The following f\(ll\'CI~l"'i..\- r+e",,~ ' will
the farmer's market site.
exist with the annexation of
1. A required 10 foot front landscape strip setback by Section
30-12(N)(3) and landscaping therein required by Article 10
Section 9-378(d)(I) will not be provided.
2. Perimeter landscaping relating to abutting properties
required to be 5' minimum with one tree every 40' linear
feet by Article 10 Section 9-378(e) is not met, 0' is
provided around the majority of the site.
3 .
Internal landscaping requirements for parking and
use areas as per Article 10 Section 9-378(f)
provided.
vehicular
are not
Though this existing condition can
or redevelopment of this property
requirements.
remain, any future development
must comply with current code
Zoninq Analysis:
The requested zoning designation is SC (Specialized Commercial).
It is requested to correspond with adjacent zoning to the west
(the proposed Lehman site). The applicant has indicated there
are no immediate plans to redevelop this property at this time.
The applicant is aware this site is not large enough pursuant to
Section 30-12(N)(5)(a)(1)(d) for the development of a free
standing auto dealership. The applicant has requested the Sc
Zoning to allow flexibility in the future for possible
I
TO: Plam. .g anu Zoning Board
RE: Staff Report - A & R Larson Annexation/Rezoning
Page 3
incorporation of the parcel with similar uses to the west. The
vacant balance of Enclave No.55 has been advertised for initial
zoning of (GC) General Commercial as recommended in the Enclave
Report. If at a future time, consolidation of the .3 acre site is
requested, a zoning amendment can be requested.
The application has been assessed under Section
"Standards for Evaluating Rezone Requests".
30-23(D)
Standard #1 and #2 (will the change be contrary to the proposed
Land Use Plan or existing Land Use pattern) - The change will be
consistent with the current Commercial Land Use Designation. The
proposed zoning classification of SC will allow flexibility for
possible consolidation with uses proposed immediately to the
west. The proposed GC zoning for the balance of this enclave is
consistent with the current commercial land use designation.
Standard #3 (spot zoning) - Th~ proposed zoni~g classificati~n
(SC) for the A&R Larson voluntary annexation is consistent with'
adjacent zoning. The balance of the enclave being annexed as GC
will create an isolated parcel of GC but is not considered spot
zoning in that GC and SC are considered compatible zoning
categories. These two zoning classifications are essentially the
same except the SC zoning classification also allows automobile
related uses. '
Standard #4 (alter population density thereby increasing load on
public facilities, schools, utilities, streets) - This standard
does really apply to the entire enclave as utilities will be
provided by future development and current access from US Highway
No.1 is adequate. The commercial use will have no impact on
schools.
Standard #5 (district boundaries) The A&R Larson
boundaries are consistent with similar adjacent zoning.
balance of the enclave will create a isolated pocket of
zoning. As the parcel was advertised as GC as recommended in
enclave report, and the zoning classification is consistent
SC zoning, positive findings can be found.
site
The
GC
the
with
Standard #6 (changing condition made rezoning necessary),
Standard #7 (change adversely influence neighborhood), Standard
~ (change create increased traffic) and Standard #9 (change
creates a drainage problem) These standards do not apply as
the A&R Larson site is an existing use to be annexed as is. The
vacant parcel north of the farmers market has a commercial land
,use designation and the zoning is compatible with surrounding
lareas .
TO: Plann J and Zoning Board
RE: Staff Report - A & R Larson Annexation/Rezoning
Page 4
Standard #10 (changes impact on light and air) and Standard #11
(effect on property values) - do not apply as this is an existing
use. The commercial land behind this development is presently
vacant (proposed site of Lehman Auto).
Standard #12 (deterrent
The proposed commercial
enclave would not be
properties.
to improvement to adjacent properties) -
zoning classifications for the entire
a deterrent to adjacent commercial
Standard #13 (special privileges) - Granting of SC zoning for
the A&R Larson site would not give the applicant special
privileges. Granting of GC zoning for the balance of the enclave
would be consistent with the recommendations of the enclave
report.
Standard #14 (property used with existing zoning), Standard #~
(cha~ge out of scale)', Standard #16 (o~her areas ,with appropria e
zoning) and Standard #17 (sufficient evidence need of charige) ",.;.
These standards do not apply as the A&R Larson site is an
existing use and the application is for initial zoning. The
vacant parcel (balance of Enclave 55) is being annexed with
initial zoning of GC as recommended by the City's "Enclave
Report" and is consistent with adjacent and underlying land uses.
ASSESSMENT:
Though the parcel under voluntary annexation does not meet the
minimum depth requirements of the SC zoning, this zoning
classification would allow flexibility for future
consolidation with similarly zoned property to the west. The SC
zoning minimum site area requirement of 1.5 acres for automobile
uses (Section 30-l2(N)(5)(a)(1)(d) would assure no free standing
auto use would be allowed. The balance of Enclave No.55 was
advertised for initial zoning of GC as recommended in the Enclave
Report. The site could be incorporated into commercial
development to the west with a development of a use permitted
within both SC and GC zones or a zoning amendment can be
requested.
ALTERNATIVES:
1. Continue with direction.
2. Recommend modification of the application for the A&R Larson
property to GC and annex both the A&R site and balance of
Enclave 55 with initial zoning of GC.
TO: Plan, .lg anu Zoning Board
RE: Staff Report - A & R Larson,Annexation/Rezoning
Page 5
3. Recommend approval of the annexation of the A&R Larson site
with SC zoning and the balance of Enclave 55 with GC zoning.
RECOMMENDATIONS:
Alternative No.3.
ref:PD#4/A:Larson
ENCLAVE -ll.
Number of Parcels:
Total Acreage:
7
28.14
Assessed Value: $278,529
Estimated population: 0
GENERAL CHARACTER LEVEL OF SERVICE SUMMARY
Enclave 55 contains the Delray Farmer's Fire & EMS .................. .. B
Market, vacant (.87 acres) property to Police .......................... .. A
the west and north and 26.45 acres of Water ............................ .. A
the C-15 and L-38 Canals. Sewer ............................ .. D
Access .......................... .. A
Code Enforcement ...... .. A
. CUMULATIVE .................. .. C
LAND USE EVALUATION FINANCIAL EVALUATION ,
.
Proposed Zoning GC REVENUES: !
.. .. .. .. .. .. .. .. .. ..
Proper~y Tax: $ 1,448
Plan Zoning and Per Capita : 0
Use are Consistent .. .. .. .. .. .. .. .. Yes Commercial 1,058
TOTAL: $2,507
Zoning and City Plan
are Consistent, Use
Becomes Nonconforming . . . . .No EXPENDITURES:
Operating :
Use is Accommodated Additional
Through a Zone Which is Operating :
Inconsistent with the Total Operating: -0-
City Plan .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .No
Capital: -0-
Number of Enacting Ord. .. . 1 Development
COMMENT: COMMENT:
No apparent problems
Sewer to be provided through the Lehman Auto Mall upon redevelopment of this
site.
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CITY COMMISSION DOCUMENTATION
FROM:
~ter OJ Bar\~, City Manager
~CG~ ,j- lcv'e,____
David J. Kovacs, Director of Planning and Zoning
(1 ,/
v:-
t/rt~,;\
TO:
SUBJECT:
MEETING OF MAY 24, 1988
P & Z RECOMMENDATION RE CONSIDERATION OF A CONDITIONAL
USE REQUEST AND ATTENDANT SITE PLAN FOR THE PROPOSED
FIRST YEARS QUALITY CARE, A DAY CARE CENTER (FILE
#6-237)
DATE:
May 18, 1988
ITEM BEFORE THE COMMISSION:
The item before the Commission is the planning and Zoning Board
recommendation on a privately initiated request for a day care
center to be located at S.E. 4th Street and S.E. 1st Avenue. The
property is currently developed with, a duplex. -The proposed
redevelopment of the site maintains the existing structure but
enhances traffic flow and site features. The attached planning
and Zoning Board staff report provides more background
information on the item.
PLANNING AND ZONING BOARD RECOMMENDATION:
At the Board's public hearing there was public comment. This
comment took the form of questioning aspects of the proposal such
as the provision of sidewalks elsewhere than other on the
property which is proposed for redevelopment -- such sidewalks
will not be provided by this project. Another concern involved
the perception that a commercial encroachment would result. It
was explained that the zoning would remain RM-6 and that the use
is approved through the conditional use process. The applicant's
agent agreed to the recommended conditions of approval.
The Board has recommended that the request be approved subject to
che findings and conditions setforth in the staff report. A
recommendation relative to the time in which the use must be
established was not setforth. The vote was unanimous.
RECOMMENDED ACTION:
By motion, accept the Board's recommendation and approve the
conditional use request and attendant site plan for the proposed
First Year's Quality Care day care facility along with the
additional condition that pursuant to 30-21-E, this approval
shall be valid for a period of eighteen months.
Attachment:
- P & Z Staff Report
I
ref:DK#20/A:ccqual
s~
PLHNNING S/ONING 80ARO
CITY OF DELRAY BEACH
STAFF REPORT
MEETING o=tTE: May 16, 1988
AGENDA
ITEM:
ITEM: III. D.
CONSIDERATION OF CONDITIONAL USE AND SITE PLAN APPROVAL FOR
FIRST YEARS QUALITY CHILD CARE ON THE NORTHWEST CORNER OF
S.E. 4TH ST. AND S.E. 1ST AVENUE
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GENERAL
DATA:
Owner........ .... ...... .........Fred R. Hall and Regina Hall
Agent...... ....... ....... .......Nintha Reatha Graham
Location........................ North.....est corner of S. E. 4th
Street and S.E. 1st Avenue
Property Size................... .294 acres (12,800 sq.ft.)
City Plan Designation...... .....MF-6 (Multiple Family - 6
units/acre)
Existing Zoning................ .RM-6 (Multiple Family
Residential)
Adjacent Zoning................ .North and west of subject.
property is zoned RM-6; south 1S
zoned RM-10 (Multiple Family
Residential - 15 units/acre) and
SC (Specialized Commercial) and
east is zoned SC (Specialized
Commercial) .
Existing Land Use...............Duplex struct.ure
Proposed Land Use.............. .Child care facility
Water Service.................. .Existing 6" water main on S.E.
4th Street. Propert.y has
existing hook-ups.
Sewer Service................... Existing sewer lateral exist.s
, along both the alley t.o t.he west.
and S.E. 4t.h Street. Property
~as existing hook-ups.
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ITEM: JIL.1J.
~
ITEM BEFORE THE BOARD:
requested of the Board is that of making a
a conditional use and attendant site plan for a
to a child care facility. This existing duplex
northwest corner of S.E. 4th Street and S.E.
The action being
recommendation on
duplex conversion
is located at the
1st Avenue.
BACKGROUND:
There appears to be no predevelopment history on this site. The
existing duplex appears to occupy Lot 24 and a portion of Lot 23.
The present zoning classification for this site is RM-6 with a
land use designation of MF-6.
The proposal before you is a request to convert an existing 2,317
sq.ft. duplex home on a 12,800 foot lot to an infant care
facility. In initial staff review of the original site plan
submittal, several serious code violations were identified,
among these were inadequate parking, the proposed drop off area
required by Section 30-17(M)(5) encroaching into right-of-way of
S.E. 1st Avenue" and insufficient on-site circulation. Staff mtt
with the applicant and suggested ways a site plan meeting ,tpe'
necessary technical requirements could be accommodated.
A revised site plan incorporating the following concepts was
submitted.
a. Parking, originally proposed as four spaces, has now been
increased to the required eight spaces.
b. A drop off and pick up area,meeting the requirements of
section 30-l7(M)(51,has been \>""".ol!d., The original drop
off' area proposed along S.E. 1st Avenue has now been located
along S.E. 4th Street. The on-site circulation pattern must
be reversed to provide ingress from SW 4 th Street and
adequate storage for potential back-ups. When these changes
have been made adequate on-site storage will be accommodated.
c.
With the reversal of on-site circulation adequate
maneuverability within the parking lot and adequate
and drop off storage area will have been provided.
on site
pick-up
PROJECT ANALYSIS:
Day Care Criteria:
In addition to the requirements of section 30-21
Development Criteria), Day Care Facilities must
the requirements of Section 30-l7(M).
Section 30-l7(M)(1) requires a minimum lot area of
7,500 sq.ft. This lot meets this requirement as it
contains 12,800 sq.ft.
(Site
meet
TO: Planni~_ and Zoning Department
RE: Staff Report - First Years Quality Child Care - Conditional
Use and Site Plan Approval
Page 2
Section 30-17(M)(2) requires a minimum floor area of 35
sq.ft. per child exclusive of space devoted to
bathrooms, halls, kitchens, offices and storage. This
structure contains approximately 2,317 internal square
footage, after subtraction of the bathroom, storage,
hallways, office and kitchen areas, the usable floor
area is 1,495 sq.ft. This would allow a maximum of 42
children, this maximum must be indicated on the site
plan.
Section 30-17(M)(3) requires a minimum of (75) square
feet of outdoor play area per child. The applicant has
provided 3,750 square feet of outside open space
allowing a maximum of 50 children. The applicant is
limited to 42 children per Section 30-17(M)(2) as
indicated above.
. Section' 30-17(M)(4) requires a 6 foot fence around tte
play area. This has been provided along with hedging
for screening. A gate is required in the fence and
must be added to the site plan.
section 30-17(M)(5) requires a convenient pick-Up and
drop-off area to be provided. With reversal of on-site
circulation this requirement will be met.
Section 30-17(M)(6) requires compliance
County regulations. These must be met
required Day Care License.
with State
to obtain
and
the
CONDITIONAL USE REQUEST:
This conditional use request has been reviewed using criteria in
Section 30-21(D) - (Criteria for the Evaluation of conditional
Use Requests).
standard ~l (ingress and
under standard ~3 of
exist.
egress) - This standard is dealt with
the Site Plan standards. No problems
Standard ~2 (off street parking
~3 (refuse and service areas)
under Site Plan Standard ~4 and
and loading areas) and Standard
_ These standards are addressed
5.
standard ~4 (utilities) - An existing 6' water main exists along
S.E. 4th Street. An existing sewer lateral is located along SE
4th Street and in the alley along the west border of the
property. The existing duplex has residential hook-Ups and was
requested to indicate the location on the site plan, these have
not been provided. The Public Utilities Department is requiring
tlhe development to change from residential to commercial status
and pay commercial fees.
TO: P lanni., _ and Zoning Department
RE: Staff Report - First Years Quality Child Care - conditional
Use and site Plan Approval
Page 3
Standard ~5 (screeninq and buffering) - Adequate screening and
buffering have been provided for the balance of the site through
the use of Ficus hedging which borders the property, play area
and parking area. Additional screening is required for the
dumpster area.
Standard ~6 (signs and liqhtinq) - No lighting is to be provided
on site and no signage is indicated. The applicant should be
advised that signage will require separate application through
the Building Department. Traffic signage must be provided, a
"Stop" sign and a "One Way Do Not Enter" sign at the exit on S.E.
1st Avenue. Arrows showing on site traffic movement must also be
installed on the pavements.
Standard ~7 (setbacks and open spaces) - The existing structure
does not meet the required 15' side interior or 25' front setback
required in the RM-6 zoning district. Under Section 30-24(D)(1)
a nonconforming structure can continue if not altered ~r
enlarged to increase the ,nonconformity. The applicant ~s
providing 3,750 sq.ft. of outside open space. This amou~t
exceeds that which is required.
Standard #8 (compatibility) - One intent of allowing child care
facilities in residential areas is to provide for the
neighborhood demand for that service. No similar facilities
exist in close proximity and this facility appears to serve an
immediate neighborhood need. The site is on the border of a
residential and commercial area. Approval of the conditional use
request will require positive finding that this transitional area
is suitable for this type of use.
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 appearances, 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 Evaluatinq Site and Development
Plan Applications". The following is the result of this review.
TO: Planni and Zoning Department
RE: Staff Report - First Years Quality Child Care - Conditional
Use and site Plan Approval
Page 4
standard #1 (sufficiency of material) - This standard has been
met with this submission.
Standard #2 (impact of proposed use) - The proposed use appears
to be compatible with adjacent residential areas. Some concern
of the close proximity of commercial uses with relationship with
this type of use will require positive finding with respect to
compatibility. The new facility will allow ~ children. This
facility will serve the immediate neighborhood needs and will
allow any additional traffic to be quickly dispersed away from
residential area via the sites close proximity to Federal
Highway.
Standard #3 (ingress and eqress) - The proposal as originally
submitted, had serious inadequacies pertaining to this criteria.
In the original plan, the applicant did not provide an adequate
pick up and drop off area as required by Section 30-17(M)(5..
Ingress and egress points were proposed along S.E. 1st Avenhe
with the drop off area encroaching into the right-of-way. 'In the
revised plan, with reversal of the internal traffic direction,
the applicant has provided a functional 12' drop off and pick up
area with 70' of storage area.
Standard #4 (off street parkinq and loading area) - The applicant
originally proposed four spaces. Section 30-18(D)(4)(L) requires
one space per 300 sq.ft. of building. This building being 2,317
sq.ft. requires 8 parking spaces, which have been provided with
the resubmittal. This facility is not required to provide
loading areas pursuant to the Zoning Code.
Standard #5 (screens and buffers) - Screening for the majority of
the site is adequate. Additional screening is required around
the dumpster area. Ficus hedging indicated along the
rights-of-way, S.E. 1st Avenue and S.E. 4th Street, must be moved
back to the inside of the required 5' landscape strip.
Standard #6 (drainaqe) - There will be little change with regard
to impervious areas on the site. No adverse situations are
apparent. Conceptual Drainage Plans have been indicated on the
site plans, additional calculation will be required as part of
the building permit approval process.
Standard #7 (sanitary sewers),Standard #8 (Utilities)- These
services exist on site and are adequate to accommodate the
proposed use. The Public Utilities Department has required this
development to change from residential to commercial status and
pay commercial fees. These residential hook-ups must be shown on
the site plan.
TO: Plannt. _ and Zoning Department
RE: Staff Report - First Years Quality Child Care - Conditional
Use and site Plan Approval
Page 5
Standard ~9 (recreation and open space) - These standards are
met. See discussion under Conditional Use Standard ~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. The proposal, being residential in
character, as well as meeting a neighborhood need, meets this
criteria.
TECHNICAL REVIEW:
The applicant
the revised
comments need
has addressed most of
site plan submittal,
to be addressed.
staff's initial comments in
the following outstanding
1.
Arrows must be added to the paving showing internal
flows,
traff~c
f '
2. Platting is required as 5' additional right-of-way is
required for S.E. 1st Avenue and the development occupies
all of Lot 24 and a portion of Lot 23.
3. "One Way Do Not Enter" and "Stop" signs are required at the
exit on S.E. 1st Avenue.
4. A gate must be provided in the fence surrounding the outside
play area.
5. Utility status must be changed from residential to
commercial. The location of sewer and water hook-ups must be
noted on the site plan.
6. The internal on site circulation pattern must be reversed.
7. A notation limiting this site to a maximum of 42 children
per section 30-17 (M) (2) must be added to the site plan.
8. Parking spaces one and two are required to be 22 feet in
length.
9. Dimensions for the driveway entries and dumpster must be
added to the site plan.
10. Add name, address and phone of the developer.
11. change the zoning district designation on the site plan to
RM-6.
TO: Planni and Zoning Department
RE: Staff Report - First Years Quality Child Care - Conditional
Use and Site Plan Approval
Page 6
COMMUNITY APPEARANCE BOARD REVIEW:
The Community Appearance Board reviewed this development on May
11, 1988. The CAB recommended approval subject to the following
conditions:
1.
Landscaping along S.E. 1st Avenue must be moved out
required 5' additional right-of-way. This will
moving the on site parallel parking 5' to the west.
of the
require
2.
Landscape hedging shown along the property line
rights-of-way must be moved back to the inside
required 5' landscape strip.
adjacent
of the
3. Proposed air conditioning units must be indicated and
appropriately screened.
4. Upgrade foundation planting plans to provide more than a r
Ficus hedge along the southern ~levation'l
5. Tree locations along the perimeter must be shifted slightly
so they will not be planted in the hedge row.
6. Per Chapter 9 Article X Section 9-378 (e) where a commercial
area abuts residential property, a line of trees 25' on
center is required. This will require additional trees along
the south and east border.
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 ACTION:
1. Continue with direction.
2. Recommend approval of the site plan and conditional use
request.
3. Recommend denial as the use is inappropriate with the
adjacent commercial uses to the east and south.
-
TO: Plannin~ and Zoning Department
RE: Staff Report - First Years Quality Child Care - Conditional
Use and site Plan Approval
Page 7
RECOMMENDED ACTION:
Recommend approval of the site plan and conditional use request
subject to the following:
1. A positive finding that the use is not incompatible with the
limited commercial uses to the south and east.
2. Positive finding with respect to Section 30-21(D) ("Criteria
for the Evaluation of Conditional Use Request") and Section
30-22(D) ("Standards for Evaluating Site and Development
Plan Applications"l,and Section 30-17 ( Day Care Criterial.
3 .
Subject to the Conditions 1-11
and Conditions 1-6 under the
sections of this staff report.
under the Technical
Community Appearance
Review
Board
ref:PD#AMay16/A:FYQCC
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CITY COMMISSION DOCUMENTATION
(( ~-/
l-<5Yp;(
FROM:
F\er 00[~ Manager
~~Kovacs, Director of planning
and Zoning
TO:
SUBJECT: MEETING OF MAY 24, 1988
P & Z RECOMMENDATION RE CONSIDERATION OF THE FINAL PLAT
FOR THE PROPOSED WATERFORD VILLAGE RESIDENTIAL
DEVELOPMENT
DATE:
May 18, 1988
ITEM BEFORE THE COMMISSION:
The item before the commission is the Planning and Zoning Board
recommendation on the final plat for that portion of the overall
waterford Center (formerly Delint) project which is called
Waterford village. A final plat has previously been approved for
the tota~ity of Waterford Center by the Commission. Also the
site planfor'the Waterford village (residential development) has
been approved by the Commission. Processing this plat has been a
condition of approval of the site plan action. The attached
Planning and Zoning Board staff report provides more background
information on the item.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Board approved
certified it as a
approval.
the submission as
final plat. There
a preliminary plat
are no conditions
and
of
RECOMMENDED ACTION:
By motion, approve the final plat for waterford Village.
Attachment:
- P & Z Staff Report
ref:DK~20/A:ccwater
51
rU-II"-JI"J 1. f"Ju 0 LUN i l"Jb bUHr--\U
CITY OF
,
OELr~AY BERCH
STAFF REPORT
MEETING CATE:
May 16. 1988
AGENDA ITEM:
IV. 7,
ITEM:
CONSIDERATION OF PRELIMINARY PLAT APPROVAL FOR WATERFORD VILLAGE
. .
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/-95 .,
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GENERAL DATA:
Owner
.............................
Delint, Inc.
Agent
.............................
Robert Benedict
Developer ......................... U. S. Shelter. Robert Benedict
Location .......................... West of Dotterel Road
North of Audubon Boulevard
Parcel Size ....................... 25.19 acres
Land Use Plan Designation.......... PRD-4
Zoning Designation................ Special Activities District (SAD)
Adjacent Zoning ................... SAD to north, office portion of overall
Waterford Place project;
R-lAA to south; RM-lS to east
Current Use ....................... Vacant land
. .
Adjacent Uses
.' ,
Bass Creek residential to south;
Lakes of Delray to east
.....................
Water and Sewer Services
City system. requires extensions
\ TC~ .N
D--:S~
ITEM BEFORE THE BOARD:
The action before the Board is that of approval of a preliminary
plat submittal for the Waterford Village Rental Development
together with certification of the submittal as being acceptable
as a final plat. The Board's action on the preliminary plat is
final. This project will not appear again before the Board if
final plat certification is made.
BACKGROUND:
For complete background material, see the staff report for
Waterford major site plan modification of November 16, 1987, and
January 25, 1988, Planning and Zoning Board meeting (previously
provided). A major site plan modification was heard by the
Planning and Zoning Board on November 16, 1987, to build 236
rental units on the southern portion of the Delint Center
previously pr9Posed for residential units. The submittal at this
stage was preliminary in nature and would require resubmittal of
more detailed, larger scale drawing in the future. At the public
hearing, concerns over lack of wall treatments along Audubon and
Dotteral were raised, along with concerns over proposed
elevations along these roadways. The Ltem was deferred until the
December 21st meeting and further postponed by the applicant to
the January 25, 1988, meeting so more detailed final plans could
be submitted. The Board recommended approval of the major site
plan modification subject to conditions and the development
received City Commission approval subject to conditions on
January 26, 1988.
One of these conditions was that the development is required to
plat prior to issuance of a building permit. The applicant
attempted to pull building permits in late February and was
informed of the condition. A preliminary plat was submitted in
early March for processing.
Upon initial staff review, several major problems were identified
and a meeting was held with the applicant on March 14, 1988.
The major problems identified included the following:
1. A previous plat of Waterford Place (a replat of Parcel 4 of
Linton Center has been processed through the City including
City Commission, but was being held up by the Engineering
Department pending resolving outstanding comments. The
Waterford Village Plat, the proposal before you, was
proposed as a replat of a portion of Parcel 4 of Linton
Center. This then appears to leave the balance of Parcel 4
unplatted.
The City has rejected other land use submissions in which private
parties created legal descriptions without the benefit of an
approved subdivision plat encompassing the entire original
holdings. We have required them to plat/subdivide the original
TO: Planning and Zoning Board
RE: Staff Report - Waterford Village Preliminary Plat
Page 2
holdings before accepting the application, (or in cases where
this was not known until after processing) made it a condition of
approval, proceeding would be contrary to other recent actions.
The most efficient way to proceed appeared to be to record the
plat for Waterford Place and then replat that portion encompassed
by Waterford Village. As a replat of an existing parcel, the
Waterford Village final plat would then proceed directly to the
City Commission by exemptions provisions of the Subdivision
enacted last year.
One of the reasons the plat for Waterford Place was being held up
by Engineering was the discovery of a one foot error in
right-of-way for Audubon Boulevard. The proposed Waterford
Village plat was. directly affected as this right-of-way forms the
southern border of the development. The property description
closes, but overlaps Audubon Boulevard which was created by
Tropic Palms No. 2 plat. Only seventy-nine feet (79') Qf
right-of~way is indicated for Audubon which ~as a right-of-way
width of eighty feet (80'). The original Waterford Village 'plat
submittal showed the southern border following the border of
Waterford Place Plat. The applicant was informed the additional
one foot of right-of-way would have to be provided or the error
located within off-site plats and an affidavit of correction
filed with Palm Beach County.
The plat as proposed, also indicated an enlargement of the water
management tract within this property. The original property
line ran along the southern edge of the lake tract. With the
expansion of the lake tract, the property line was a submerged
property line through the lake. Clarification was required from
the City Attorney to determine if the City could accept two
separate tracts covering one lake.
These major problems along
submittal were discussed with
and a adequate resubmittal was
is the petition before you.
with a substantially incomplete
the applicant on March 14, 1988,
received on April 12, 1988. This
PROJECT ANALYSIS:
The applicant wished to proceed by platting only the portion of
Parcel 40 he owned and wished not to replat as part of the
Waterford Place Plat. A determination was made by the
Engineering Department that platting the entire Waterford Place
site area was the easier and cleaner way for the City but that
nothing in the Subdivision Ordinance preclUded replatting of a
portion of a lot where separate ownerships are involved. The
plat as submitted, has dedicated one additional foot for Audubon
Boulevard. This is to protect the City right-of-way involved in
I
TO: Plannin lnd Zoning Board
RE: Staff Report - Waterford Village Preliminary Plat
Page 3
the apparent overlap; no attempt will be made to locate the
apparent survey error or to file an Affidavit of Correction. The
City Attorney has reviewed the proposed plat and approved the
dedication of one additional foot in this manner.
The City Attorney sees no technical legal objection to having the
plat boundary running along submerged land, provided that the
condominium documents or association covenants indicate that each
of the tracts has co-equal access to the lake itself, along with
sufficient declaration of maintenance responsibility lying in
the associations in charge of the common areas. The applicant
has submitted documents which show the maintenance responsibility
for the entire lake resides in an entity (the association and the
rights to use the entire lake are secure to all parties).
As it has been the City's position in
Attorney's position that the City ought
review of declarations. of covenants, the
maintenance responsibility and lake access
the plat itself.
the past and the City
not get involved ~n
information regarding
should" be included on
The applicant has addressed most of the concerns of staff but the
following additional items must be addressed.
1. Information regarding maintenance responsibility and
co-equal lake access must be added to the plat.
ALTERNATIVE ACTIONS:
1.
Approve the preliminary
adequate for final plat
above.
plat and certify the submission as
approval subject to the comment
2. Continue with direction.
RECOMMENDATION:
Alternative action #1.
ref:PDMay16A/A:wvppsr
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CITY COMMISSION DOCUMENTATION
51 }-j
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FROM:
(Slter O. Barry, City Manager
\ti-- '....t~~ \<<JCc.(-
. J~/Kova~, Director of planning and Zoning
TO:
SUBJECT: MEETING OF MAY 24, 1988
P & Z RECOMMENDATION RE ANNEXATION OF PROPERTY SOUTH OF
LINTON BOULEVARD, EAST OF S.W. 4TH AVENUE
DATE:
May 18, 1988
ITEM BEFORE THE COMMISSION:
Pursuant to recently approved procednres the item before the
Commission is the Planning and Zoning Board recommendation on the
voluntary annexation petition which. has been submitted for
property south of Linton Boulevard, east of S.W. 4th Avenue. The
property is owned by Dan Burns. The attached Planning and Zoning
Board staff report provides more background information on the
request itself.
PLANNING AND ZONING BOARD RECOMMENDATION:
At the Board's public hearing there was no public comment other
than from the owner's agent who concurred with the findings and
acknowledgements detailed in the staff report.
The Board has recommended that the property be annexed with GC
zoning as initially requested by the applicant.
RECOMMENDED ACTION:
By motion, accept the Board's recommendation and direct that an
enacting ordinance be prepared and advertised for a public
hearing at first reading. Hearing date would be June 28, 1988.
Attachment:
- P & Z Staff Report
REF:DK#20/A:ccburns
loD
PLANNING
CITY OF
8,
BOARD
BEACH
~ONING
OELRAY
STAFF REPORT
MEETING DATE:
May 16, 1988
AGENDA ITEM:
III. C.
ITEM:
CONSIDERATION OF ANNEXATION AND INITIAL ZONING OF GC FOR D.E.B. PETCO (BURNS)
ON THE EAST SIDE OF LINTON BLVD., BETWEEN S.W. 4TH AVE. AND DIXIE HWY.
AVERS
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GENERAL
DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Dan Burns
"qent.......................... .Lindsey A. Walter
Kilday ~ AssOCiates
Loc.tion..... ......... ...... ....Southern corner of tinton
Boulevard and S.w. 4th "venue
between S.W. 4th Avenue and
r.E.C. Rdlroad
Description.................... .Lots 1 thl"ouqh 32, inclusive,
Block 2 and Lots 1 throuqh ~.
inclusive, Block] of West E1 8e
Property Sl:r.e........ .... ...... .
5.72 acres 1149.16),2 sQ.ft.1
County LAnd Use Pl.n........... .M-MH (Medi~ to Hedi~ Hiqh
Residenti.l)
City Land Use Pl.n..............Commerci.l
County :oninq...................lL ILiqht Industriall
Proposed Clty Zoninq.... ..... ...GC (General Commerciall
Existinq L..Ind Use...............V.c.nt
Proposed Land Use.............. .~n .uto service station and tva
fast-foad resta~rant located on
OJ.12 acres
Water Servlce...................Exlstinq 8~ water ~ln on east
side of S.W. 4th ~venue
Se'"'f:r Service................. ....Sc'"'f:r must be obtained by
inst.ll.t10n of central lift
station and force ~ln extension
approximately 1000 ft. to ~nhole
at the northeast corner of
Laver's International Plaza or to
existinq sewer in Laver's
Residential Development to the
south. via utility easements over
private property. IObtalnlnq
these eas~nt. i. the
responslblllty of the developer.)
ITEM: ]:Ire
WI(.
SUPPLEMENTAL STAFF REPORT
TO: PLANNING AND ZONING BOARD
~rv::::
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: SUPPLEMENTAL INFORMATION, AGENDA ITEM III.C
D.E.B. PETCO ANNEXATION
MEETING OF MAY 16TH
The fOllowing is provided as being supplemental to the formal
staff report which has been previously prepared:
Re: Standard #8 (increase in traffic) Development of this site
will have an effect upon traffic movements at the intersection of
S.W. 4th Avenue and Linton. Potential improvements or mitigation
measures which may be imposed include:
improvements at the intersection,
changing the phasing of the existing traffic signal or
otherwise mOdifying the signal,
restrictions regarding access onto Linton Boulevard or
the use of existing medians in Linton.
The precise impact of development at this site and its
relationship to signalization, traffic control, and improvements
along Linton shall be determined when a development proposal is
submitted. The applicant will be required, at that time, to
provide a complete traffic study.
Re: Standard *12 (deterrent to development of adiacent
properties) Although development of this parcel should not
affect development on adjacent property, the proposed phasing
concept (i.e. western portion developed first) may affect the
ability to properly develop the eastern portion of the site.
This is du~-to potential limitations on access to Linton. Thus,
once the first phase development plan is submitted (if that is
the course which is followed), the owner will also need to
address the manner in which access will be provided to the
balance of the site.
_TIft
TO: PlannL. and Zoning Board
RE: Supplemental Information, Agenda Item III.C
D.E.B. petco Annexation
Meeting of May 16, 1988
Page 2
Re: Compliance with code requirements: Presently a billboard
exists on this property. The billboard will be nonconforming
upon annexation to the City (tentative official annexation date
is July 12th). An order requiring nonconforming signs to be
brought into conformance is currently on-hold pursuant to City
Commission direction. Once that order is enforced, it will apply
to this property.
CHANGES TO RECOMMENDATION:
Prior to makin~ the recommendation as setforth in the formal
staff report, the Board should seek, and obtain, from the
applicant acknowledgement of the following:
1.
obligation to provide $ewer
obtaining of easements;
main . extension
and
2.
obligation
access to
submission
to provide a traffic study
the balance of the site at
of any development proposal;
and
the
address
time of
3. potential obligations for street and signalization
improvements;
4. acknowledgement of the potential obligation regarding
removal of the billboard.
ref:DK#20/A:pzburns
ITEM BEFORE THE BOARD:
The action before the Board is that of making
a voluntary annexation and initial zoning to
site on the south side of Linton Boulevard
Railroad and S.W. 4th Avenue. The parcel is a
Enclave No. 34.
a recommendation on
GC for a 5.72 acre
between the F.E.C.
portion on official
BACKGROUND:
Little background information is available on this site as this
land is under County jurisdiction. At present, the 5.72 acre is
vacant and cleared. The applicant has indicated an intention to
develop a gas station, and fast food restaurants on the western
portion of the site with no current proposed plans for the
eastern port~on.
This parcel was .before the Planning and Zoning Board on July 21,
1986, for a public hearing in connection with the assignment of
City Land Use designations for unincorporated County parcels.
This parcel at that time was designated for a land use change
ftomthe County Industrial (I) designation to a City designation
of (0) Office. This proposal went before' the City Commission on
August 12, 1986, where the approval was given to send this
amendment along with other unincorporated areas to the State for
a 90 day review. On December 2, 1986, the proposal came before
the City Commission (Ord. No. 105-86), and was deferred to
December 16, 1986. The Ordinance subsequently failed as no
action was taken on December 16, 1986. A substitute Ordinance
(No. 164-86) was introduced on December 16, 1986, and passed on
first reading changing the Land Use from County designation (I)
Industrial to City Land Use designation of (C) Commercial.
Ordinance No. 164-86, passed on second and final reading on
December 30, 1986. The present request was reviewed by the
Planning and Zoning Board at its workShOp meeting of March
11, 1988.
ANNEXATION ANALYSIS:
This vacant parcel is contiguous to th~ City via the De1ray
Industrial Park development to the south;.a vacant SAD parcel to
the west (part of the Laver's International Plaza).
Water is available to the site via a 8" water main located along
the east side of S.W. 4th Avenue. Sewer is not readily available
in the immediate area and requires installation of a central lift
station and forcemain extension into a ~anhole approximately
1,000 feet to the west, at the northeast corner of International
Plaza. Sewer service may also be possible by installation of
central lift station and forcemain extension into the existing
sewer system in the Lavers development to the south. This would
require extension of approximately 600 feet of forcemain and
procurement of easements through pr~vate property, all to be the
~sponsibility of the developer.
TO: Plannin~ and zoning Department
RE: staff Report - D.E.B. Pet~o Annexation and Initial Zoning
Page 2
The property is part of the official "Enclave" (area No.
The voluntary annexation of this portion of Enclave 34 will
create an additional enclave.
34) .
not
Pursuant to the City's "Enclave Report", this specific property
will receive a cumulative level of service of C because sewer is
not readily available. Sewer service will be provided at
developer expense.
There is no required finding other than the annexation will not
create an enclave, required by Florida Statutes prior to approval
of a voluntary annexation.
COMPREHENSIVE PLAN MATTERS:
The current land use designation for this area is (LI) in the
County and (C) Commercial in the City via Ord. No. 164-86. This
land use is consistent with commercial designations to the east;
commercial and industrial designations to the north; industrial
uses to the south and SAD zoning, commercial potential to the
west.
ZONING ANALYSIS:
The proposed initial zoning classification requested is that of
(GC) General Commercial. The surrounding zoning is (LI) Light
Industrial to the south; (SAD) Special Activities District to the
west; (SC) specialized Commercial to the east and (LI) Light
Industrial to the north in the County and proposed Commercial
designation in the City. The application has been assessed under
section 30-23(D) "Standards for Evaluating Rezone Requests".
standard ~1 and #2 (will change be contrary to the proposed Land
Use Plan or existing Land Use pattern) - The change will be
consistent with the proposed land use designation of commercial
per Ordinance NO. 164-86 and the existing Commercial and
Industrial surrounding land use pattern.
standard #3 (spot zoning) This proposal follows zoning
recommendations of the Enclave Report and is consiscent with
proposed General Commercial across Linton Boulevard. This
commercial zoning classification is the most appropriate
commercial zoning designation for a parcel of that size in this
location.
Standard #4 (load on public facilities) This proposal is
consistent with the land use designation for which public
facilities have been planned. The area currently has access to
City water via a 8' water main located on the east side of S.W.
4th Avenue. Sewer will require installation of a central lift
~tation and forcemain extension to Lavers development to the
~outh or the International Plaza to the west.
TO: Planni,.." and Zoning Department
RE: staff Report - D.E.B. petco Annexation and Initial zoning
Page 3
standard liS
corresponds
surrounding
(district boundar~es illogically drawn) - Proposal
with commercial land use designation area and
land use patterns.
Standard #6 (changing conditions made rezoning necessary) and
standard #7 (change adversely influence neighborhood) These
standards do not apply as this proposed change is an initial
zoning and is consistent with the designated land use.
standard #8 (change create increase traffic) and Standard #9
(change create a drainage problem) - These standards do not apply
as this zoning is consistent with the assigned land use
designation and the present use is vacant. These standards are
better addressed during site plan review.
Standard lI10 (changes impact on light and air) - This
does not apply as this petition is not accompanied
plan action at 'this, time. This standard will be
through site plan review.
standard
by a site
addressed
Standard #11 (effect on property values) -
effect on adjacent property values as they
similar zoning designations, General
Industrial.
This will have little
will or presently have
Commercial or Light
Standard lI12 (deterrent to improvement of adjacent properties)
The proposed zoning will not be a deterrent to improvement of
adjacent industrial, commercial and vacant (potentially
commercial) uses.
Standard #13 (special privilege) - Granting of this request does
not constitute any special privilege to this property owner as
this zoning designation is consistent with the recommended zoning
in the "Enclave Report" and the underlying land use designation
approved by City Commission via Ordinance No. 164-86.
Standard lI14 (property used with existing zoning), Standard #15
(change out of scale), Standard #16 (other areas with appropriate
zoning) and Standard lI17 (sufficient evidence for need of
change) - These standards do not apply as this is an initial
zoning request and is consistent with the underlying land use
designation.
ASSESSMENT AND CONCLUSIONS:
The property is eligible for annexation and it is City policy to
annex whenever possible. The proposed initial zoning requested
is consistent with both the City's "Enclave Report" and the
underlying land use designation adopted by City Commission on
December 30, 1986, via Ordinance No. 164-86.
I
TO: plannil and Zoning Department
RE:Staff Report - D.E.B. petco Annexation and Initial Zoning
Page 4
ALTERNATIVES:
1. Continue with direction.
2.
Recommend approval of the D.E.B. petco
initial zoning of (GC) General Commercial
findings with regard to the following:
a. The annexation of this portion of Enclave 34 will not
create an enclave.
annexation with
upon positive
b. That service will be provided to this property in a
manner similar to that for similarly situated
properties which are already in the City.
c. That the proposed zoning (Ge) General Commercial is
consistent with adjacent zoning and complies (does not
conflict) with all sev.enteen Standards for Evaluating
Rezoning Requests as found in section 30-23(DI.
d. The proposed zoning is consistent (does not conflict)
with the City's Land Use Plan designation of Commercial
for this property.
RECOMMENDATIONS:
Alternative action #2.
ref:PD~AMay16/A:debp
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CITY []II lRffiY BEAG1
~ING & zOttJ[~ DEFm
[(If BY: SP'I'
(}flJ(8] BY: sv 'I"
~
300
I
~
Number of Parcels:
Total Acreage:
23
7.69
ENCLAVE -1L (
Assessed Value: $6.751,332
Estimated Population: 6
GENERAL CHARACTER LEVEL OF SERVICE SUMMARY
Enclave 34 lies east of S.W. 4th Avenue Fire & EMS .................. .. C&B
and is characterized as part ially Police .......................... .. A
developed industrial (15.44 acres) Water ............................ .. D
and commercial 01. 98 acres). West of Sewer .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. D
S.W. 4th Avenue is largely vacant with Access .. .. .. .. .. .. .. .. .. .. .. .. .. .. E&A
a few single family residences on Code Enforcement ".. .. C
7.69 acres. I
CUMULATIVE .. .. .. .. .. .. .. .. .. .. C
LAND USE EVALUATION FINANCIAL EVALUATION
Proposed Zoning .. GCIL-r,POC,R-1A REVENUES:
. 'Property Tax: $35,i07
Plan Zoning and Per Capita : 1,042
Use are Consistent .............. .. Yes
TOTAL : $36,149
Zoning and City Plan
are Consistent, Use
Becomes Nonconforming ........ .. No EXPENDITURES:
Operating : $46,233
Use is Accommodated Addi tional
Through a Zone Which is Operating :
Inconsistent with the Total Operating: $46.233
City Plan ................................ .. No
4 Capital: $197,000
Number of Enacting Ord. .. . DEVELOPMENT
COMMENT: COMMENT:
No apparent problems
The improvement cost in this section will be the responsibility of the
developers, so the City will incur little of these improvement costs.
~
[ITY DF DELRAY BEA[H
100 NW_ 1st AVENUE
DELRAY BEACH, FLORIDA 33444
305/243- 7000
MEM:lRANDUM
TO: Walter O. Barry, City Manager
FR(M: Robert A. Barcinski, Assistant City
Manager /Management Services
DATE: May 17, 1988
SUBJECI': DCCUMENTATION - CITY CCMoUSSION MEEI'IN3 - MAY 24, 1988
BID AWARD - LIGHTING POMPEY PARK
Item Before City Commission
City Commission is requested to award a bid to Basic Lighting Maintenance
Inc. D/B/A Atrerican Lighting Maintenance in the ,amount of $10,400.00 for
lighting itrprovements at the Pallpey Park Civic center gymnasimn. Funding to
cane fran the Corrmmity Deve10prent Block Grant Program.
Background
Bid specifications were mailed to fourteen (14) area contractors for
this project. On April 12, 1988 the bid was opened and only one bidder
responded. Although only one bid was received, staff feels the bid was
reasonable and fair. Staff estimate for this work was $16,000. The work
includes rerrova1 of 20 florescent fixtures installing, 15-400 watt halide
fixtures and changing circuit breakers.
Reconrnendation
staff recorrrnends award of bid to Basic Lighting Maintenance Inc. D/B/A
American Lighting Maintenance in the amount of $10,400 for Pallpey Park
Gymnasimn lighting itrprovements. F\mding to COIlE from CDBG fund.
lo\ 1\
THE EFFORT ALWAYS MATTERS
TO
Thru:
FROM
DEPARTMENTAL
CORRESr--0NDENCE
[ITY DF
DELRAY BEA[H
~~~
Walter O. Barry- City Manager
Robert A. 8arcinski- Asst. City Manager~
Ted Glas- Purchasing Director ?1~
SUBJECT Bids on Lighting for Pompey Park Gymnasium:
DATE 5/3/88
CM 362
Invitations to Bid were mailed to fourteen (14) area contractors on March 15, 1988.
A legal advertisement was placed in the Palm Beach Post on March 29, 1988.
One contractor responded at the April 12, 1988 bid opening. A Tabulation of Bids is
attached for your review.
The bid price is considered to be fair and reasonable. Preliminary estimates for this
work were approximately $16,000.00
Per the Budget Director, funding for this project is available in account #118-1962-
554-60.~ ~S9m~unity Development- Recreation Improvements)
~r~. " . ' , ' ,
Following staff analysis and review, it is recommended that' the contract for' Light-
ing at Pompey Park Gymnasium be awarded to the only bidder, Basic Lighting Mainten-
ance, Inc. DI/8/A American Lighting Maintenance, for $10,400.00
Attachments:
Tabulation of Bids
Memo from Coordinator Community Development
Memo from Director of Parks & Recreation
pc: Ms. Lula Butler
Ms. Yvonne Kincaide
Mr. Joe Weldon
THE EFFORT ALWAYS MATTERS
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fl
[ITY DF DELRAY BEA[H
100 NW 1st AVENUE
DELRAY BEACH, FLORIDA 33444
305/243.7000
MEMJRANDUM
TO:
Walter O. Barry, City Manager
FRCM:
Robert A. Barcinski, Assistant City PAA'~
Manager/Management Services Group ~
DATE:
May 17, 1988
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING MAY 24, 1988
BID AWARD - LINESTOPPING AND TAPPING EJQUIPMENT
Item Before Corm1ission
City Corm1ission is reqUe~ted to award a bid to the low bidder, Hydra
Stop Inc., in the amJunt of $15,290.00 for tapping and 1inestop eqUirxrent.
Funding to carre frcrn the Public Utilities operating capital account.
Background
On April 26, 1988 bids were received for the above tested eqUirxrent.
Two bids were received. Item bid was for a 4" - 8" tapping and 1inestopping
unit with 26" stainless steel linestops. This piece of eqUirxrent will
provide the Public Utili ties Department with the means to tap and stop
large water lines. This would allow the department to replace hydrants
and valves without shutting down major sections of the system. We =-
rently have to replace 8 hydrants in town which would cost $8,500 to
contract the work out. This item will pay for itself within one (1) year.
See attached staff reccmrendation.
Reccmrendation
Staff reccmrends award of bid to the low bidder Hydra Stop Inc. in
the amJunt of $15,290.00 for tapping 1inestop eqUiprrent. Funding to carre
from Public Utilities Capital OUtlay Fund.
THE EFFORT ALWAYS MATTERS
lD\D
DEPARTMENTAL
CORRESI-'ONDENCE
[ITY DF
DELRAYBEA[H
~(i
TO Walter O. Barry, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager
FROM Kendra Wynn Graham for Ted Glas, Purchasing Dir.
SUBJECT Bids on Tapping and Linestopping Unit, Bid #88-65
DATE 5-16-88
Invitations to Bid were mailed to fourteen (14) vendors on April 7, 1988. A
Legal advertisement was placed in the Palm Beach Post on April 13, 1988.
Three vendors responded at the April 26, 1988 bid opening. A Tabulation of Bids
is attached for your review.
Following staff analysis and review, it is recommended that the Tapping and
Linestopping Unit be purchased from the low bidder, Hydra-Stop, Inc., for
$15,290.00.
Per,the Budget Director, funding for this un-budgeted capital purchase is
available in Public Utilities Account #441-5161-536-60.89 (Public Utilities _
Capital Outlay). 'Current available balance is $14,363.00; budget transfer
to cover deficiency is in progress.
Attachments: (2)
Tabulation of Bids
Recommendation from Public Utilities
pc: Bob Pontek
Yvonne Kincaide
AI Monteleone
CM362 THE EFFORT ALWAYS MATTERS
MEMORANDUM
TO:
Mr. Larry Martin
Deputy Director of Public Utilities
FROM:
Al Monteleone
Superintendent of Water Distribution
SUBJECT:
LINESTOPPING EQUIPMENT
February 16, 1988
DATE:
Attached is a requisition for the purchase of the '4120-8TL
Tapping & Linestopping Unit, in the amount of $14,165.00 which
will be charged to a Capitol Account number. Attached on a
separate requisition is the purchases of 2 - 6" stainless steel
linestop fittings in the amount of $395.00 each for a total of
$790.00 which will be charged to Operating Supplies Account
number.
I received a memo from Fire Chief Kerry B. Koen, requesting the
replacement of eight fire hydrants through out Delray Beach, six
of these fire hydrants do not have main turn off valves, which
means that in order to replace these hydrants I would have a
company come in and do six linestops at an estimated cost of
$8,500.00. There are gate valves throughout the Water Distribu-
tion system that also need to be replaced which would require
linestops. Taking each condition into consideration, the line-
stop unit will pay for itself within two years.
If you need further information please let me know.
~L
Al onteleone
Superintendent of Water Distribution
AM:jo
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c
[ITY DF DELRAY BEA[H
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
305/243- 7000
MEMORANDUM
FROM:
Walter O. Barry, City Manager
Robert Barcinski, Assistant City Manager/Management Services
TO:
DATE:
May 16, 1988
SUBJECT: Documentation - City Commission Meeting/May 24, 1988
Formal Renewal Long Term Disability Program - Mutual Benefit
Life Company.
Item Before Commission
City Commission is requested to formally approve renewal of the City's
Long Term Disability Program with Mutual' Benefit 4ife Company at $0.98
per $100 of monthly gross payroll cost. The estimated premium cost for
one year (1) is $75,000, funding to come from Insurance Trust Fund.
Background
On January 16, 1985, the City entered into an agreement with Mutual
Benefit Life Company for long term disability insurance for regular
full time active general employees (excludes Police and Firefighters).
The policy is automatically renewed on February 1st of each year. The
program provides an employee with payments of 60% of their salary at
time of disability, not to exceed $2,500 per month. The qualifying
period is two (2) months from time of disability. Payments are basic-
ally made up to the employees 65th birthday, or when able to return to
work as determined by the Company. They are offset by Workers Compen-
sation and Social Security benefits, and the payments are adjusted for
parts of months. Total premium paid for past policy year was
$70,640.92 with payments to employees of $49,741.04; for a loss ratio
of 70.4%. We currently have seven (7) employees receiving benefits and
the current monthly premium is $5,829.70 (based on payroll). The
renewal rate of $0.98 per $100 monthly gross of payroll is the same as
it was the previous policy year. A detail summary and back up from the
Risk Management Director is attached.
Recommendation
The Assistant City Manager and Director of Risk Management recommend
formal approval of renewal of long term disability program for active
full time employees with Mutual Benefit Life Company at $0.98 per _100
of monthly payroll. Funds to come from the Insurance Trust Fund.
t,( (
THE EFFORT ALWAYS MATTERS
~
Group Renewal Department
Mutual Benefit Life
2323 Grand Avenue
Kansas City, MO 64141
816/474,2345
March 28, J 988
Mr. David H. Fll1ddleston, Finance Director
City of Delray Beach
100 Northwest Avenue
Delray Beach, FT. 331,1.1.
Re: Group Policy Gn 38,512
Dear Mr. Huddleston:
We have completer our annual review of your Group Policy and determined
your renewal rate for the corning policy year.
The ne,,' rate for your coverage is shown bdow. You will be pleased to
, learn, tbat the rate for 'your policy will remain the same for the corning
year.
\
Coverage
Rate
Monthly Rate Basis
Long Term
Disabllity
$1. 63
...Ho'I.I''''1"ol\
Per $100 of monthly benefit
,
(which is
equivalent to .987.M....~I,l.,."".. of covered payroll)
We appreciate your continued reliance on Mutual Benefit for your insurance
needs. Th1~ renewal rate letter is being delivered by Mr. Guy Cox of
Miami Group Office, who will answer any questions concerning your new
rate or any other R~pect of your Mutual Benefit Group Insurance.
Sincerely,
~-
&JL{)6t1JljlFf
Callie Davenport
Renewal and Amendment Underwriter
cc: James E. Davis
Eva McClure
Guy Cox - Miami Group Office
RECEIVED
APRC788
'ISURANCE OIV.
CD/aew
'-
DEPARTMENTAL
CORRESr-ONDENCE
[Iry DF
DElRAY BEA[H
~~(i
TO
Robert A. Barcinski, Assistant City Mgr./Mgmt. Services
-+~~ ,
FROM Marla C. Altieri, Adm. Asst./Risk Management Department
SUBJECT
Summary of City's Long Term Disability Program
DATE
05/12/88
Per your request, the following is a brief explanation, or overview, of the City's Long
Term Disability Program as it is maintained through Mutual Benefit Life. Please keep in
mind that since Lee Graham, Risk Management Director, is not here to review this summary
for elaborations, it is subject to revision upon his return to the office tomorrow;
however, in the meantime, I can assure you that the information I am relaying, is
correct.
The effective date of our plan is 01/16/85 and applies only to our regular, active,
full-time, General employees, and excludes Police and Firefighters. The reason for
this is that Police and Firefighters have their own disability programs as they are
provided through their Union contracts. Employees must work 40 hours per week to be
considered as full-time, and are ,not eligible under the program until 30 days after
their date of"hire; any employee older than 69 years and 10 months is not eligible
for coverage under this policy.
The plan provides for coverage after an employee has satisfied a 60-day qualifying
period in which he/she cannot perform his/her job duties as specified due to a
disabling condition. When our department is notified by the employee's department head
or supervisor that the qualifying period has been satisfied, we begin processing the
necessary forms for the employee, department head, and employee's doctor to complete.
It is our responsibility to mail the completed paperwork to the insurance company for
a review period which can take up to 30 days.
Once Mutual Benefit I s review is complete, a benefit check is issued to the disabled
employee immediately covering 60% of the employee's salary, and payable retroactively to
the 61st day of disability. The insurance company has the right to pend any application
for further review, or if after award of benefits, to request on a regular basis,
Supplementary Reports from the disabled employee's doctor to keep advised of the
employee's condition.
Benefits are based on 60% of the employee's salary earned at the time of his/her
disability, and benefits are payable to the employee up until the time he/she
returns to work. If the employee is unable to return to work, he/ she may continue
receiving benefits as long as his/her doctor provides written evaluations of his/her
condition upon the company's request.
Long Term Disability benefits are subject to offsets of Worker's Compensation,
Pension, and Social Security (disability) benefits; and may remain in effect until
such time that the company determines they should cease, or until the recipient
reaches the age limits specified in the policy as they are based according to the
age of the employee when the disability occurred.
Again, please keep in mind that this is the basic program, and I will have Mr.
Graham review this when he comes into the office tomorrow for his recommendations
and comments.
attachment I
CM 362
THE EFFORT ALWAYS MATTERS
GROUP POLICY SCHEOUL
ELIGIBLE CLASSES: Each active, Full-Time employee of the Policyholder or an
Associated Company, except (i) any temporary or seasonal workers and (ii) employees
of the Fire and Police Departments.
Any employee who has attained age 69 and 10 months will not be eligible for the
Long Term Disability Insurance coverage under the Policy.
ASSOCIATED COMPANIES: None
PRESENT SERVICE REQUIREMENT: One Month
FUTURE SERVICE REQUIREMENT: One Month
ENTRY DATE: An eligible person will become insured on the day all eligibility
requirements are met.
MINIMUM PARTICIPATION REQUIREMENTS: Number - 10
Percentage - 100%
SCHEDULE OF LONG TERM DISA8ILITY INSURANCE
QUALIFYING PERIOD: Tw~rmonths
MAXIMUM DAYS OF RETURN TO ACTIVE WORK ALLOWED DURING QUALIFYING PERIOD: Five Days
This Maximum applies to all returns to Active Work during anyone Qualifying Period.
MAXIMUM DURATION OF BENEFITS: Benefits will not be payable beyond:
1. For periodS of rli~ahility starting before age 60 - the day before the disabled
person's{65th birthday]
/
L
2. For periods of disability starting on or after a~
later of (a) the day before the disabled person's
expiration of 36 months of Total Disability followlng
Period.
3. For periOds of disability starting on or after age..6& but before age 70 _ the
earlier of (a) the day before the disabled person'sr70th blr~hd~ and (b) the
expiration of 24 months of Total Disability followi~g the end orthe Qualifying
Period.
SCHEDULE AMOUNT: 60% of Monthly Earnings subject to a Maximum Schedule Amount of ,+ _~
$2,500 per month.
For each day of a periOd less than a full month, the Schedule Amount will be 1/30th
of the amount determined above.
)
I
1 of 2
lJ
MEMJRANDUM
TO: Walter o. Barry, City Manager
FRCM: Robert A. Barcinski, Assistant 1l.A./
City Manager/Managenent services;:;r
DATE: May 16, 1988
SUBJECT: DOCUMENTATION - CITY CCMMISSION MEErING/MAY 10, 1988
CONTRAcr RENEWAL - AMERICAN CYANAMID CCMPANY
Item Before Commission
City Commission is requested to renew for one (1) year a contract
with Arrerican Cyanamid Canpany for Po1yrrer 844A. Estimated annual con-
tract is for $76,000/40,000 pounds at $1.90 per pound. Funding to ccme
from the Water Treatment Plant operating budget.
Background
On May 13, 1986, a contract was approved by City Ccmnission with
Arrerican Cyanamid Cornapny for Polymer 844A used in the water treatment
process for $1. 90 per pound. This contract was renewed in July 1987 for
one additional year. The Company is again offering to renew this contract
at the initial price of $1.90 per pound. Research by the Purchasing
Director indicates that this is a good price with two other utilities in
the area using this product for $2.63 lb. and $2.68 lb. Mr. Pontek
indicated this is a sole source product.
Recommendation
The Assistant City Manager and Purchasing Director recommend renewal
of the contract with Arrerican Cyanamid Company for one year through July
8, 1989 at $1.90 per pound.
~\b
~lE~IORANDUM
To: Robert A. Barcinski- Assistant City Manager
From:
Ted Glas-Purchasing Director
~y
Subject: Supplemental Information- Polymer 844A for Public
Utilities:
Date: May 12, 1988
Purchas'ing cEmtacted the following governm'ental entities and
obtained their prices for American Cyanamid's Polymer 844A:
Seacoast Utilities- Palm Beach Gardens, Fla.
Price--------------$2.63/ lb.
Annual Usage-------6000 lbs.
Palm Beach County Water Treatment-Palm Beach, Fla.
Price--------------$2.68/ lb.
Trial Testing Product
We know of no others using the product in Florida. The price
quoted to Delray Beach at $1.90 per pound would seem to be
fair and reasonable.
DEPARTMENTAL
CORRESrONDENCE
I v'', '\.
FROM
Walter O.
Robert A.
Ted Glas-
Barry- City Manager
Barcinski- Asst. City
Purchasing Director
Manager
~
/J1!!>
[ITY DF
DELAAY BEA[H
~(i
TO
Thru:
SUBJECT
Annual Contract for Polymer 844A for Publ ic Util ities:
DATE
5/5/88
On May 13, 1986, Commission approved a contract with American Cyanamid Company
for supplying Polymer 844A for the Water Treatment Plant, on a sole-source basis.
The contract was then extended for one additional year until July 8, 1988.
Per attached memos from Public Utilities, there is only one proven supplier for
this chemical, American Cyanamid Company.
American Cyanamid has agreed to extend firm pricing for one additional year at
the same price as approved since 1986, $1.90 per pound in 40,000 pound shipments.
Estimated annual usage is 40,000 pounds. Estimated annual contract cost is $76,000.
Per Budget Director, funding is available in Public Utilities Operating Supplies
Account #441-5122-536-35.15 (This expenditure extends into next fiscal period).
Following staff analysis and review, it is recommended that the contract for
Polymer 844A, with American Cyanamid Company, be extended for one additional
year on a sole-source basis.
Attachments:
Memos from Public Utilities (2)
Letter from American Cyanamid Company
10: lEI)
Gt 15'
(f
pc:
Yvonne
Robert
Calvin
Kincaide
Pontek
Johnson
i.J. ~ o~ ~
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eM 362
THE EFFORT ALWAY~ IVIAlltHl;;
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MEMORANDUM
TO: Ted G1as
Purchasing Director
FROM: Ca1 Johnson
Plant Manager - Water Treatment Plant
SUBJECT: Sole Source Supplier
DATE: April 28, 1988
Purchasing should have on record orevious correspondence on the
subject of our Primary Process Chemicals and the need for this, but
for your information, I would like to explain that when the most recent
expansion of the Plant in 1980 took place, there were serious problems
getting ~he process operating. .Aftermuch effort with consulting
chemists and engineers and a great deal of product sampling, only
American Cyanamid's 844 Dry Polymer would perform well enough to sustain
our process system. Therefore, we had to convert all the systems from
liquid feed to dry feeders, develop storage areas and provide handling
equipment to support this modification.
Since then, many vendors have tried unsuccessfully to duplicate
844's capability. Our present plant process is extremely delicate and
we do not have the luxury of experimenting with an on-line system.
If you would, we would like your support in seeing that we are
provided with these products in a timely fashion to eliminate the
possibility of either process or plant failure.
If you need any additional support with the purchase of these
products, do not hesitate to call upon us.
@cJ) ~~
Ca1 John
CJ :hk
xc: L. Martin
D. Haley
File
MEMORANDUM
TO:
Mary Lou Scott
Acting Purchasing Administrator
FROM:
Cal Johnson
Water Treatment Plant Manager
(!.ffll.JAM;D
AMERICAN efi\lHVl:: AS A SOLE SOURCE
SUPPLIER OF DRY POLYMER
SUBJECT:
DATE:
May 5, 1986
In response to your request, I am forwarding to you a copy of a memo
from Don Haley dated March 19, 1985.
American Cyanide's 844A Polymer is the only product that will react
with our water chemistry to produce the coagulation necessary to
operate the Water Treatment, Plant as it is presently designed. This
will be the situation until such time as the Plant is either redesigned
or OUr water quality in Our future well field expansions changes Our
water chemistry, which is not likely.
Don has expanded great effort developing OUr chemical needs and has
persuaded American Cyanide to commit themselves to a price of $1.90
per pound for two years, which is $.10 a pound cheaper than we had
been paying.
If you have any further questions, we will be glad to help.
~of!f!--
Cal Joh
Water T atment Plant
Manager
CJ:jj
Attach.
cc: R. Pontek
File
~CYANAWTID
Specially Polymers Department
PO Box 32787
Charlotte, NC 28232
1,800,438,5615
April 18, 1988
Mr. Richard Fixel
Supt. of Purchasing
City of Delray Beach
100 Northwest First Avenue
Delray Beach, Florida 33444
Dear Richard:
Re: Pur~hase Order # 15073'
Your Purchase Order No. 15073 between the City of Delray Beach and
American Cyanamid Company for your water treatment polymer, MAGNIFLOCe
844A, expires July 8, 1988.
American Cyanamid proposes to extend our Evergreen contract with the City
for an additional twelve month period at the delivered price of $1.90/1b.
in 40,000 lb. shipments. F. O. B. City of Delray Beach Water Treatment
plant. This price is equal to our current contract price and illustrates
Cyanamid's commitment to our mutual long-term relationship. Cyanamid has
also plant demonstrated a replacement program for the aluminum salt which
is currently being utilized for color removal in the existing treatment
scheme. This will be of great importance in the future if EPA imposes
the lower proposed limits for aluminum in drinking water.
Cyanamid appreciates your business and looks forward to continuing to
meet your chemical treatment/service requirements in the future.
Sincerely yours,
AMERICAN CYANAMID COMPANY
Specialty Polymers Department
?o.u ( ~ ?"'-~'I\.s
Paul F. Perkins
Technical Sales Representative
Water Treating and Mining Chemicals
PFP:kk
cc: Mr, Don Haley
[ITY DF DElRAY BEA[H
-~
c_-
100 NW, 1S1 AVENUE
OELRAY BEACH, FLORIDA 33444
305/243,7000
MEMJRANDUM
TO:
Walter o. Barry, City Manager
FRCM:
Robert A. Barcinski, Assistant City ~~
~lanager /Managerrent Services Group ~
SUBJECl' :
May 16, 1988
DOCUMENTATION - CITY COMMISSION MEETING/MAY 24, 1988
BIDS - VARIOUS PAPER PRODUCTS - JANITORIAL SUPPLIES
DATE:
Item'Before City Comnission
City Catrnission is requested to award bids to the following law bidders
for various paper products: 1. The Stevens Carpany $5,637.50 2. Jim
Walters Papers $6,940.04 3. Eli Witt Carpany $478.00 4. Standard
Sanitary Supplies $9,066.70 5. Picard Chemical CCIlpaIly $115.00 and
6. Tropical Chemical Carpany $7,540.60. Funding is available in the various
department operating budget.
Background
Bids were received on April 19, 1988 for various paper products. The
bid was advertised to either award to one law bidder for all items or award
to multiple bidders for individual items. Staff is rec:ormending award to
various bidders based on law bid per item. Attached is a bid S1.llllllary listing
all items and prices by award reccmrendation.
Recarrmendation
The Assistant City Manager and Purchasing Director recarrmend award of
bids as listed above and contained in the Purchasing Director's rrerro dated
May 10, 1988.
~\f
THE EFFORT ALWAYS MATTERS
To:
Walter O. Barry- City Manager
Thru:
Robert A. Barcinski-Asst. City Manager
From:
Ted Glas-Purchasing Director
::f#'
Subject: Bids on Annual Contracts for Coarse Paper & Can Liners:Bid
#88-64:
Date: May 10, 1988
Invitations to Bid were mailed to thirty-two (32l vendors on April 5,
1988. A legal advertisement was placed in the Delray News on April 12,
1988.
Six (6) vendors responded to the April 19, 1988 bid opening. A
, Tabulation of Bids is attached for your review.
Purchasing has reviewed the low, responsive bids in comparison to
Florida State Contract pricing. In some instances State pricing is
lower, however not all items needed are on State Contract.
Recommendations are as follows:
The Stevens Co.-via State Contract #640-760-88-1:
Commodity
Paper Towel - White-C Fold
Paper Towel - white-Single Fold
Unit Cost
$10.25/cs
$13.65/cs
Estimated Annual Cost
$1537.50
$4095.00
$5632.50
Jim Walters Paoers-via State Contract #640-750-88-1:
Facial Tissue - Kleenex
Toilet Paper
Disposable Toilet Seat Covers
$8.55/cs
$25.25/cs
$33.34/cs
$427.50
$6312.50
$200.04
$6940.04
Eli Witt Comoany-via State Contract #640-670-87-1:
Cups-Hot & Cold, 8 oz.
$9.56/cs
$478.00
-
Bids on Annual Contract for Coarse Paper & Can Liners; Bid #88-64
Page 2
Standard Sanitary Supplies-via Bid No.#88-64:
Commodity
Cups - Translucent, 7 oz.
Wipe-Alls Handywipe
Trash Can Liners-20/30 gal.
Trash Can Liners-33 gal.
Trash Can Liners-56 gal.
Dispenser for Toilet Seat Covers
Unit Cost
$37.53/cs
$43.10/cs
$17.48/pk
$28.29/pk
$21. 55/pk
$12.00/cs
Estimated Annual
$1876.50
$4310.00
$699.20
$1414.50
$646.50
$120.00
$9066.70
Cost
Picard Chemical Co.-via Bid #88-64:
Trash Can Liners- 7 gal.
$11. 50/c!s '
$115.00
Tropical Chemical Co.-via Bid #88-64:
Paper towel-C fold Scott 150
Roll Paper
Trash Can Liners-l0 gal.
Trash Can Liners-IS gal.
$27.30/cs
$30.77/cs
$14.99/cs
$23.33/cs
$5460.00
$1230.80
$ 149.90
$ 699.90
$7540.60
All items are stored in the warehouse, and dispositioned by
departments when needed. Funding is available in various departments'
operating budgets.
At tachmen t:
Tabulation of Bids
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[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE '1" SI I,' SIRII UlII,"
Date:
May 17, 1988
11111<\ '1 Hilt 11' l.(lIZJI) \ ~;;.4..:\;, ;I'~
C 1:< tI .t D
MAY 1 8 1988
CI rr MANAGcR'"
c ,) nrrlCE.
(1G
11/\\\
,1effrey S. Kurtz, Assis'tant City Attorney \~ i
1
Purchase of Lot 2, NICHOLS SECOND ADDITION to Delray
Beach form First Nationwide Bank
MEMORANDUM
To:
Walter O. Barry, City Manager /
From:
subject,:
.
Attached please find a letter from Bill Doney to First Nation-
wide Bank wherein he offered to purchase the above-referenced
lot for $38,000.00 plus closing costs from the bank. The bank
has apparently, taken the property through foreclosure action
and has a mortgage balance due on the-property of approximately
$50,000.00. The $38,000.00 is the appraised value of the
property, and preliminary indications are that the bank is
willing to accept that amount from the City. Since the
property is owned by a bank, closing costs will not include any
moving expenses.
It would be appreciated if you could put the ratification of
this offer on an upcoming agenda for the commission's consider-
ation. Should you have any questions, please do not hesitate
to contact me.
JSK:sh
Attachment
cc: Robert Pontek, Public Utilities Director
~\f
LAW OFFCE.:.
JAMES vv, VANCE
WILLIAM p, DONEY
JAMES 'VI'. V ANGE, P.A.
SUITE 200; BARRISTERS BUILDING
1615 FORUM PLACE
WEST PALM BEACH, FLORIDA 33401
TELEPHONE
[407) B84-S544
May 11, 1988
r~',;-.,
, .~1t::,l~?'~
"',f'/':,; :'_1
- lJ;:~
.'j ,)',; ':'['}-,
Mr. LR. Diago
First Nationwide Bank
9250 N.W. 36th Street
Miami, Florida 33178
Re: Lot 2, NICHOLS SECOND ADDITION TO DELRAY BEACH
Dear Mr. Diago:
Bill Branch, of Associated Appraisers, has requested
that I write this letter to you concerning the possible
purchase of the above-des<:ribed pr,operty by the. City of
Delray'Beach. From the information provided me, I understand
that First Nationwide Bank currently owns the subject property
by virtue of some foreclosure proceedings. The City of
Delray Beach is interested in acquiring this property in
conjunction with its projected expansion of its waterplant.
Although I will need ratification by the City Commission,
please accept this letter as an offer to purchase the subject
property for thirty-eight thousand dollars ($38,000.00).
Additionally, the City would be responsible for all closing
costs and real estate taxes would be prorated to the date of
closing. Conveyance would be by statutory Warranty Deed.
While I realize that some details may need resolved,
please proceed to consider this proposal and forward the same
to any individuals that may need to be consulted.
If you have any questions or comments concerning
this matter, please feel free to contact me.
WPD/sjw
cc: Jeffrey Kurtz, Assistant City Attorney
Robert Pontek, Director of Utilities
William Branch
e