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07-12-88 Regular CITY OF DELRAY BEACH REGULAR MEETING - CITY COMMISSION AMENDED AGENDA JULY 12, 1988 7:00 p.m. AGENDA Commission Chambers Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Presentation: Old School Square Conceptual Design. 5. Agenda approval. Action: Motion to approve. PUBLIC HEARINGS 6. WAIVER OF ORDINANCE BIDDING PROCEDURES RE CONSTRUCTION OF 20 SERIES WELLFIELD TREATMENT FACILITIES. 7. WAIVER OF ORDINANCES AND APPROVAL - SUNRISE KIWANIS BEACH FESTIVAL JULY 30, 1988. 8. ORDINANCE NO. 60-88: (Continuation of Public Reading). An Ordinance amending the Zoning Code to period for validity of site plan and conditional use Hearing and provide for approvals. Second a time 9. ORDINANCE NO. 61-88: (First Reading) An Ordinance annexing property on North Federal Highway (Borton Volvo, Inc.) with initial zoning of SC. If passed Second Reading July 26th. 10. ORDINANCE NO. 74-88: (First Reading) An Ordinance rezoning land presently zonrf PCC and R-lA to SC for the proposed Wallace Automobile Dealership along Germantown Road. If passed Second Reading July 26th. 11. ORDINANCE NO. 75-88: Continued to July 26th to allow staff recommendation. 12. ORDINANCE NO. 76-88: (First Reading) An Ordinance amending the Land Use Plan for property located at S. W. 10th Street and Federal Highway (Gulfstream Motor Lodge), changing zoning from MF-I0 to C. If passed, Second Reading July 26th. 13. ORDINANCE NO. 77-88: (First presently zoned RM-I0 to SAD for located at S. W. 10th Street and Reading July 26th. Reading) An Ordinance rezoning land the proposed Gulfstream Motor Lodge Federal Highway. If passed, Second 14. ORDINANCE NO. 78-88: (First Reading) An Ordinance amending the Land Use Plan for property located east of Military Trail, south of the L-32 Canal (Pylon Professional Building), changing zoning from MF-6 to O. If passed, Second Reading July 26th. 15. ORDINANCE NO. 79-88: (First presently zoned SAD to POC for Building, located east of Military passed, Second Reading July 26th. Reading) An Ordinance rezoning land the existing Pylon Professional Trail, south of the L-32 Canal. If SECOND READINGS 16. ORDINANCE NO. 99-87: An Ordinance amending the text of the Land Use Element of the Comprehensive Plan by creating a large scale mixed use development designation. 17. ORDINANCE NO. 100-87: An Ordinance changing the City's Land Use Plan Designation in the Comprehensive Plan for land generally in the vicinity of the Delray Drive-In. 18. ORDINANCE NO. northwest corner of Inc.). 53-88: Federal An Ordinance annexing property at the Highway and the C-15 Canal, (A&R Larson, 19. 55, and ORDINANCE NO. 54-88: located west of side of Lindell Boulevard. An Ordinance for the annexation of Enclave U. S. Highway No. 1 between the C-15 Canal 20. ORDINANCE NO. 55-88: southeast corner of Linton W. 4th Avenue and the F.E.C. An Ordinance Boulevard and Railroad (Dan annexing S. W. 4th Burns). property at the Avenue, between S. 21. ORDINANCE NO. 57-88: An Ordinance to adopt the CRA Plan and Land Use Map. 22. ORDINANCE NO. 58-88: Land Use Plan Amendment (Auburn Trace). 23. ORDINANCE NO. 59-88: An Ordinance amending the Zoning Code relative to definition of frontage. REGULAR AGENDA 24. PCC ZONING DISTRICT: Consider amending PCC zoning district regulations. 25. DELRAY PARK OF COMMERCE P.C.C.: Consider amending the Master Plan for the Delray Park of Commerce P.C.C. 26. OFF-STREET PARKING IN CBD: Consider Zoning Code amendment regarding off-street parking requirements in the CBD. 27. COMMISSION ACTION RE 2010 TRANSPORTATION SYSTEM PLAN: Consider the Metropolitan Planning Organization's (MPO) proposal for adoption of a 2010 Transportation System Plan. 28. PURCHASE OF LAND between the City and for $275,000. AUBURN TRACE: Consider approval of contract Delray Beach Housing Authority to purchase land 29. DEFINITION OF LEGAL HOUSEHOLD/FAMILY: language in Ordinance No. 81-87, advertisement Second Reading on July 26th. Consider approval of of Public Hearing and 30. AMENDMENT TO RESOLUTION NO. 36-88: Amendment to Water and Sewer Revenue Refunding Bonds Series 1988. 31. RESOLUTION NO. 37-88: A Resolution supporting the eleventh annual Roots Cultural Festival on July 24th through August 14th. 32. RESOLUTION NO. 38-88: A Resolution abandoning streets and alleys rights-of-way on proposed County Courthouse property. 33. FINAL PLAT APPROVAL AVENUE. PROPOSED COUNTY COURTHOUSE ON ATLANTIC 34. CHANGE ORDER NO. 1 - ATLANTIC AVENUE BEAUTIFICATION PROJECT. 35. COMMISSION appointment of a June 30, 1990. ACTION RE APPOINTMENT - CIVIL SERVICE BOARD: Consider member to the Civil Service Board to a term ending 36. COMMISSION ACTION RE APPOINTMENT - ALTERNATE MEMBER TO COMMUNITY -2- APPEARANCE BOARD: Consider appointment of an alternate member to the Community Appearance Board to a term ending March 8, 1989. 37. COMMISSION ACTION RE APPOINTMENTS OF ALTERNATE MEMBER(S) TO THE CODE ENFORCEMENT BOARD: Consider appointments of alternate member(s) to the Code Enforcement Board to term(s) ending January 13, 1991. CONSENT AGENDA 38. DESIGNATION OF Consider recommendation the Sundy Feed Store as SUNDY FEED STORE AS AN HISTORIC STRUCTURE: of the Historic Preservation Board to designate an historic structure. 39. SITE PLAN APPROVAL - F.D.K. INDUSTRIAL: plan approval for F.D.K. on the west side of S. W. 10th Street and S. W. 8th Street. Consider request for site S. W. 12th Street, between 40. SETTLEMENT OFFER - PETERS VS CITY OF DELRAY BEACH: Consider settlement offer in the case of Walter Peters vs City of Delray Beach. 41. AWARDS OF BIDS AND CONTRACTS: A. Vending Machine Contract - All Brands Vending Company. Terminate contract with Boca/Del Snax Company. B. Restoration of AlA Beach Wall project. Reject bids and rebid the C. Resodding Miller Park - Louis Sod and Landscaping Company - $26,560. D. Withdrawn. E. Pay Plan/Classification Study - Waters, Trego, Davis, Inc. - $20,996. PROCEDURAL ITEMS 42. Comments and Inquiries on Non-Agenda Items by Citizens. 43. Approval of Meeting of June 1988. minutes of 17, 1988 Regular Meeting of June 14, 1988, Special and Reconvened Special Meeting of June 21, 44. Comments and Inquiries on Non-Agenda Items: A. Commission. B. City Attorney. C. City Manager. -3- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA REPORT - MEETING OF JULY 12, 1988 DATE: July 8, 1988 PUBLIC HEARING Item No. 6 Waiver of Purchasing Ordinance in Relation to the Installation of Air Stripping Units. The Commission, at its June 14th and June 17th meetings has approved the award of and engineering services contract to CH2M Hill for the design and supervision of construction of the air stripping units for the purpose of decontaminating the 20- Series wellfield. In addition, the Commission has selected the Water Treatment Plant as the location of the air stripping units and has expressed a desire that the construction be done in an expedited fashion. The necessity of moving in a expeditious fashion was established at those meetings; the primary reason for going forward in this manner was to lessen carbon costs which outweighed the benefits of competitive bidding through our normal process. A detailed memo is enclosed in your agenda packet. Recommend consideration of waiver to Purchasing Ordinance as it relates to the installation of Air Stripping Units. Item No. 7 Request for Waiver of Ordinance. The Sunrise Kiwanis represented by Mr. Charles Koval has requested permission to conduct their annual Beach Festival on July 30, 1988 between 8:30 a.m. and 6:30 p.m. Events to be scheduled include a kite flying contest, sand art contest, treasure hunt and volley ball games. Activities will be conducted on the beach between the North One Tower and South Two Tower. The purpose of the festival is to provide family entertainment. Food and non-alcoholic beverages will be sold by the Kiwanis on beach property. All permit applications, proof of liability insurance, and other staff requirements have been satisfied. Recommend waiver of Code Section 101.25(B) (sale of goods or services on the beach) and 101.32 (assembly of more than 25 persons) and approval of the Sunrise Kiwanis Beach Festival on July 30, 1988. Item No. 8 (Ordinance No. 60-88) This is the First Reading of an Ordinance amending the zoning code to provided for a time period for validity of Site Plan and Conditional Use approvals. This item was first presented to the City Commission on June 28th. At that time staff to address the changes in this proposal regarding "improvements" and "due diligence". The changing of what constitutes improvements is proposed in order to reduce the bureaucracy of the planning and permitting process and to maintain more administrative oversight of projects. Increasing the percentage required before a project is vested will help assure quality development in a timely manner. Initially 25% of improvements to infrastructure had been proposed. This percentage has been raised to 75% following Commission concern that any lesser percent of completion would be a step backward in our attempts to assure quality development. The phrase "due diligence" is not used in the City Code of Ordinances at present. The phrase was inserted in the proposed Ordinance to give the City further flexibility if it became necessary to determine the status of a project about which some questions might exist. A more detailed explanation of these items is contained in your agenda packet. Recommend adoption of Ordinance 60-88 amending the Zoning Code to provide for a time period of 18 months from approval for validity of Site Plans and Conditional Use approvals. AGENDA REPORT Meeting of July 12, 1988 Item No. 9 (Ordinance No. 61-88) This is a First Reading of an Ordinance for the annexation of property on North Federal Highway. Borton Volvo, Inc. represented by Roger Saberson, has requested voluntary annexation of a 4.9 acre parcel of property located on North Federal Highway adjacent to N.E. 22nd Street extended. The 4.09 acre parcel requested for voluntary annexation is contiguous to the City via property on the west side of U.S. 1 at the southwest portion of the site. The Planning and Zoning Board at its May 16th meeting recommended approval of annexation with initial zoning of SC (Specialized Commercial) finding that a new enclave will not be created by this annexation, that approval is consistent with adjacent zoning, does not conflict with existing County zoning on usage and does not conflict with the City's Land Use designation (C) for this property. Recommend approval of Ordinance No. 61-88 annexing property owned by Borton Volvo located on North Federal Highway, with a proposed zoning of SC. Item No. 10 (Ordinance No. Ordinance rezoning property Road north of Wallace Nissan parcel is presently vacant automobile dealership. 74-88) This is located on the from PCC and R-IA and is intended a First Reading of an east side of Germantown to SC. The 11.28 acre for expansion of an The Planning and Zoning Board at its June 20th meeting recommended approval of the rezoning request and conditional use finding that the proposed zoning of SC is consistent with adjacent zoning and does not conflict with the City's Land Use Plan designation for this property. Recommend approval of Ordinance No. 74-88 rezoning property located on the east side of Germantown Road north of Wallace Nissan from PCC and R-IA to SC. Item No. 11 (Ordinance No. 75-88) This is a First Reading of an Ordinance rezoning 25 acres of property bounded by the north boundary of Carver Estates; on the east by S.W. 10th Avenue; on the west by S.W. 14th Avenue; on the north by S.W. 4th Street; less the Haitian Church and Carver athletic field, from R-IA to RM to accommodate the proposed Auburn Trace Housing Development. The rezoning action on this property was initiated in November 1987 with a proposed designation of RH. Following Planning and Zoning Board hearings in January, it was recommended that zoning for the Auburn Trace project be changed to RM consistent with a companion action on a Land Use Map Amendment. Under provisions of the RM zoning district seven units per acre is guaranteed to a developer. An increase in density of up to ten units per acre is permitted provided that performance standards are met in the site plan of the project. A detailed analysis of those performance standards is contained in the backup memo prepared for the Planning and Zoning Board which considered the Land Use Plan amendment in February of this year. In considering this rezoning action the Commission should be guided by the 17 standards found in the City's Municipal Code Section 173.888. They include: 1. Will the change be contrary to the existing Land Use pattern? 2. Will the change alter the population density pattern, thereby increasing the load on public facilities such as schools, utilities, streets, and the like? - 2 - AGENDA REPORT Meeting of July 12, 1988 3. will the change adversely influence living conditions in the neighborhood? 4. What impact will the projects have on traffic and drainage in the area? 5. Will the change adversely affect property values in the area and the adjacent area? 6. Is the change out of scale with the needs of the neighborhood or the City? There has been limitation with the caption of on this item. some discussion about establishing a specific density this rezoning action. It may be necessary to amend the enacting Ordinance and thus call for are-hearing The City Attorney can provide guidance here. City staff have arranged to meet with the Palm Beach County School Board staff to discuss the impact the Auburn Trace apartment complex might have on school boundaries and racial composition as well as other school impacts. The results of that meeting will not be known until Tuesday evening at which time the Director of Community Improvement will be presenting a staff report on the Auburn Trace project. procacci Development Company has not agreed to proceed forward with the apartment complex should the density be less than the 10 units per acre potentially allowable in RM-I0 zoning, although it appears likely that the Housing and Urban Development staff will allow a decrease in up to 10% in the density lowering the number of units to approximately 330 on the 38 acre site. Detailed memo's from Director of Planning additional information. the are Director contained of Community Improvement in your agenda packet and for Recommend Commission consideration of rezoning property associated with the proposed Auburn Trace Housing Development from R-IA to RM. Item No. 12 (Ordinance No. 76-88). This is a First Reading of an Ordinance amending the Land Use Plan for property located at S.E. 10th and Federal Highway from MF-I0 to C. Freedom Savings and Loan Association, represented by Currie, Schneider and Associates, has requested consideration of a Land Use Plan Amendment from MF-I0 to C. The vacant 2.07 acre parcel is proposed as a site of a new 98 room hotel/motel to be called the Gulfstream Motor Lodge. The Planning and Zoning Board at its June 20th meeting recommended approval of the request for the proposed Land Use and zoning changes finding them consistent with existing Land Use patterns and surrounding zoning designations. Recommend approval of Ordinance No. 76-88 amending the Land Use Plan designation from MF-I0 to C for property located at S.E. 10th Street and S.E. Federal Highway. Item No. 13 (Ordinance No. 77-88) This is a First Reading of an Ordinance rezoning the above mentioned property at Federal Highway and S.E. 10th Street from RM-I0 to SAD. Freedom Savings and Loan Association, represented by Currie, Schneider and Associates, has requested rezoning from RM-I0 to SAD in order to construct a new 98 room hotel/motel to be called the Gulfstream Motor Lodge. The Planning and Zoning Board at its June approval of the request for the proposed Land C finding them consistent with existing surrounding zoning designations. Utilization the intended use occurs as planned. 20th meeting recommended Use and zoning change to Land Use patterns and of SAD zoning will assure - 3 - AGENDA REPORT Meeting of July 12, 1988 Recommend approval of Ordinance No. 77-88 rezoning property located at Federal Highway and S.E. 10th Street from RM-I0 to SAD. Item No. 14 (Ordinance No. 78-88) This is a First Reading of an Ordinance amending the Land Use Plan from MF-6 to Office for property located along Military Trail south of the L-32 Canal. Pylon Medical Associates, Ltd. represented by David L. Keesler has requested consideration of a Land Use Plan amendment from MF-6 to Office. The 1.967 acre parcel presently contains a professional office building on the site. The Planning and Zoning Board recommended approval of the Land Use Plan modification at their June 20th meeting. Recommend approval of Ordinance No. 78-88 amending the Land Use Plan from MF-6 to 0 to POC for the Pylon Professional Building. Item No. 15 (Ordinance No. 79-88) This is the First Reading of a Companion Ordinance to the above item for rezoning from SAD to POC (Planned Office Center) for property located along Military Trail south of the L-32 Canal. Pylon Medical Associates, Ltd. represented by David L. Keesler has requested rezoning from SAD to POC (Planned Office Center). The 1.967 acre parcel presently contains a professional office building on the site. The changes are being requested to accommodate a broader range of uses than are allowed under the existing SAD to avoid the need to continually process each new request to the Planning and Zoning Board and City Commission. POC zoning will allow business, professional, medical, and dental offices in addition to those presently provided for in the SAD. The developer believes he can move more easily to lease available space with the greater flexibility. The Planning and Zoning June 20th meeting and stipulations: Board reviewed the rezoning request at their recommended approval subject to the following 1. Installation of a 6' Cyclone fence along the north property line and a 4 1/2 foot hedge. 2. Planting trees along the south property line to provide spacing of 24 feet and installation of a 4 1/2 foot hedge, to be maintained at six foot height. 3. Replacement of dead Queen Palm in the entry median and one along north border of the property. 4. Replacement of ground cover in the entry median. 5. Replacement either side of building. of the ground cover at entry to the building and on stairway to the north and south side of the 6. Trim dead palm fronds, fertilize plant materials, remulch planting beds to a minimum 2 inch depth, and trim Orchid Trees. 7. Provide trees a maximum of 25 feet on center along the east property line. 8. Repaint south wall in the color originally approved by CAB. Recommend approval of Ordinance No. 79-88 rezoning Professional Building on Military Trail south of the L-32 SAD to POC subject to the stipulations cited above. the Pylon Canal from - 4 - AGENDA REPORT Meeting of July 12, 1988 SECOND READING Item No. 16 (Ordinance No. 99-87) This item is a Land Use Plan Amendment initiated in 1987 to accommodate development of the Marina Caye project. This "Mixed Use" development was proposed along the Intracostal Waterway immediately south and east of the Swap Shop on Federal Highway. In order to accommodate the proposal it would have been necessary to add the category "Large Scale Mixed Use" to the City's Land Use Plan. Following review and comment by the Department of Community Affairs which suggested a number of changes, the Commission decided to postpone consideration of the Land Use element change. Subsequently there has been no further action on the Marina Caye project and we have been told the project is no longer being pursued. Because the concept of a large scale mixed use development will be addressed in the overall revision to our Comprehensive Plan it is appropriate that this Ordinance be denied clearing the City's records. Recommend denial of Ordinance No. 99-87. Item No. 17 (Ordinance No. 100-87) This is a Companion Ordinance to the preceding Land Use Plan Amendment. This Ordinance designates the zoning category "Large Scale Mixed Use" to the general area south of the Swap Shop. First Reading on this item was held in December 1987. For the same reasons mentioned above, this Ordinance should be denied. Recommend denial of Ordinance No. 100-87. Item No. 18 (Ordinance No. 53-88) This is a Second Reading of an enacting Ordinance for the voluntary annexation of property located at the southwest corner of Federal Highway and the C-15 Canal adjacent to property which comprises Enclave 55. A&R Larson Inc., represented by Roger Saberson, is requesting annexation of a .59 acre parcel of property which is presently used as a fruit and vegetable stand. The Planning and Zoning Board at its May 16th meeting recommended annexation with an initial zoning of GC. The level of service is "C" which means that while public improvements will be necessary, no immediate capital expenditure demands will be required nor will the annexation create excessive operating cost above revenues to be derived from the annexed property. The Planning and Zoning Board recommended approval finding that a new enclave will not be created, that approval is consistent with adjacent zoning, does not conflict with existing County zoning usage and does not conflict with the City's Land Use Plan designation (C) for the property. Recommend approval of Ordinance No. the southwest corner of Federal proposed zoning of GC. Item No. 19 (Ordinance No. 54-88) This is a Second Reading of an enacting Ordinance for the annexation of the balance of Enclave 55 which consists of six parcels totalling 27.55 acres located along the west side of Federal Highway between the C-15 Canal and Lindell Boulevard with an initial zoning of GC. The level of service is "c" meaning that while public improvements will be necessary, no immediate capital expenditure demands will be required nor will the annexation create excessive operating costs above revenues to be derived from the annexed property. 53-88 annexing property located at Highway and the C-15 Canal with Recommend approval of Ordinance No. 54-88 annexing the balance of Enclave 55 with proposed zoning of GC. - 5 - AGENDA REPORT Meeting of July 12, 1988 Item No. 20 (Ordinance No. 55-88) This is a Second Reading of an enacting Ordinance for the voluntary annexation of a 5.72 acre parcel of property located at the southeast corner of Linton Boulevard and S.W. 4th Avenue, west of the F.E.C. Railroad. Dan Burns Oldsmobile, Inc. represented by Kilday and Associates is requesting voluntary annexation with an initial zoning of GC (General Commercial). This parcel is a portion of Enclave No. 34. This voluntary annexation will not create an additional Enclave however. The property is contiguous to the City via the Delray Industrial Park development to the south and a vacant SAD parcel to the west which is 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" as a result of the sewer service not being readily available. Sewer service will be provided at developer expense. At your June 28th meeting Commission inquired about the future status of billboard currently located on this property. Upon annexation of the property, these billboards will fall under the City's Sign Ordinance provisions. Our Sign Code disallows billboards and the property owner has indicated he will comply. Recommend approval of Ordinance 55-88 annexing a 5.7 acre parcel of property located at the southeast corner of Linton Boulevard, north of F.E.C. Railroad with proposed zoning GC. Item No. 21 (Ordinance No. 57-88) This is a Second Reading of an action which will adopt the Community Redevelopment Agency's (CRA) Plan and Land Use Map, with certain exceptions, and officially make it a part of the City's Comprehensive Plan. The first public hearing on this proposed amendment was held in February 1988. We have received comments from D.C.A., a copy of which is enclosed in your agenda package, and can now proceed with adoption. Recommend approval of Ordinance No. 57-88 amending the City's Comprehensive Plan to incorporate the Community Redevelopment Agency's Plan and Land Use Map, except as previously exempted pursuant to the Planning and Zoning Board's recommendations, on first reading. Item No. 22 is a Second changing 4.7 necessary to under review Estates. (Ordinance No. 58-88) Land Use Plan Amendment 88-1. This Reading of an action which will amend the Land Use Map by acres from SF to RM. This action will allow the rezoning accommodate the Auburn Trace Project. The 4.7 acres is situated west of the City Cemetery and north of Carver An advertisement for Public Hearing on the rezoning of 25 acres of R-l-A property to RM-I0 to allow the Auburn Trace Apartment Complex to proceed was scheduled. Because staff has been unable to meet with appropriate School Board officials to identify the impact the apartment complex might have on school attendance boundaries and such matters as racial balance and other school impacts, I would like to postpone and readvertise the Public Hearing for July 26th at which time a staff recommendation will be available. Recommend postponement and readvertisement of Public Hearing and First Reading of an Ordinance considering rezoning 25 acres of R-l-A property to RM-I0 to accommodate the Auburn Trace Apartment Complex. Item No. 23 (Ordinance No. 59-88) This is a Second Reading of an enacting Ordinance amending Chapter 30, Section 30-1 of the Zoning Code of Ordinances, to change the definition of frontage. The new definition of frontage as proposed is: The shortest property line adjacent to a public street except for property lines which abut a major or minor thoroughfare, in which case the major and/or minor - 6 - AGENDA REPORT Meeting of July 12, 1988 thoroughfare lot line, or lines, shall be deemed Notwithstanding the previous sentence if a property line public street has a limited access easement, running such adjacent property line, in favor of and accepted by line shall not be deemed the frontage. the frontage. adjacent to a the length of the City such Recommend approval Ordinance, Chapter frontage. of Ordinance No. 59-88 amending the Zoning Code of 30, Section 30-1 to include redefinition of REGULAR AGENDA Item No. 24 P.C.C. (Planned Commercial Center) Zoning District. The P.C.C. Zoning District has existed in the City for a number of years. The first project to use the zoning was Congress Park South with a site plan approved in 1982. The present language in our zoning code was included in 1985 modifications following which the Delray Park of Commerce began development. The Delray Park of Commerce located on Congress Avenue north of Lake Ida Road has consistently desired changes to the regulations in order to provide more flexibility for development. The Planning and Zoning Board at its June 27th meeting adopted a number of changes to significantly increase flexibility within the P.C.C. District by increasing the land area available for service industry use and allowing pure research and development uses to locate anywhere in the P.C.C. regardless of the land use designations otherwise noted on the development plan. There is also more exact definition provided as to use categories and the research and development category is removed from the light industrial definition. Details of the proposed changes are included in a transmittal memo to the Planning and Zoning Board which is enclosed in your packet. Subsequent to discussion of the proposed changes and following comments of the Planning and Zoning Board it was learned that the original development under P.C.C., Congress Park South, will not comply with the existing code nor with the proposed amendments. It was suggested at that time that the Congress Park South be rezoned to SAD and reflect the 1982 development standards under which their plan was originally approved. An SAD zoning change application will follow. There were no other public comments at the Planning and Zoning Board hearing on these proposed changes other than from agents of the two affected commerce parks. Recommend acceptance of to amend P.C.C. Zoning enacting Ordinance for 1988. the Planning and Zoning Board recommendations District and direct staff to prepare an first reading and public hearing on July 26, Item No. 25 Amendment to Land Use Designations for the Delray Park of Commerce Master Plan. Cedarwood Companies, represented by Robert A. Lilly, has requested modification of a portion of Tract "N" of the Delray Park of Commerce located adjacent to Congress Avenue north of Lake Ida Road. The owners have requested a change in the 3.035 acre tract from Retail to Office in order to accommodate a regional office for the Florida Power and Light Company. Previously FP&L had planned to locate in the Office Park. P.C.C. Zoning allows up to 50% of the land area within a project to be designated as "Pure Office". Presently the four tracts designated "Pure Office" total approximately 47% of the current land use. If this request is approved that total would be raised to approximately 50.55% which is slightly above the formula. The request has been reviewed by staff which recommends approval of proposed change as it - 7 - AGENDA REPORT Meeting of July 12, 1988 will not intensify traffic volumes nor substantially affect traffic movement within the office park. The Planning and Zoning Board at its June 20th meeting recommended approval finding that the proposal is compatible with Land Use allocations permitted in the PCC district; is compatible with the parcel immediately to the north which is designated "Low-rise Office"; and that the proposed designation is not substantially different than the existing designation in terms of traffic impacts. Recommend approval of an amendment to the Master Plan for the Delray Park of Commerce P.C.C. for tract "N" from Retail to Pure Office. Item No. 26 Off-Street Parking in the Central Business District (C.D.B.) This item is a recommendation to initiate an amendment to the Municipal Code as it relates to parking requirements in the CBD of the City. The recommendation is to provided that off-street parking not be required in the C.B.D. Zone District and that rather the provision of parking be done through accommodation of CRA parking facilities and private sector which assess parking availability when it approves financing for development projects. At the recent Visions 2000 meeting a consensus statement suggested that the City review off-street parking requirements and the "in lieu of" parking fee as an incentive to encourage new retail development in the C.B.D. By review it was the intent of the group that consideration be given to elimination of the fee and of parking requirements. The City's code was revised in 1984 and 1985 at which time provisions were made for alternative parking arrangements in the C.B.D. One of these alternative arrangements was a creation of an "in lieu of" parking fee. Since enactment of that Ordinance only $60,000 has been collected and that came from the City Library. The $60,000 paid to the parking fund came from proceeds involved in a lease agreement between the City and the Library. As the City develops Old School Square, as the Arcade Tap Room and the Old Patio Restaurant seek markets for redevelopment and/or sale, and as projects such as the Jacobson's Department Store in Atlantic Plaza surface, this issue becomes very timely. Over the past year or so the "in lieu of" fee has been subject to criticism as in fact being a hindrance to development and as being inequitable in that existing buildings can be renovated without additional parking being required provided there is no increase in the total floor area. I have enclosed a staff report from the City's Interim Director of Development Services regarding the advisability of this amendment to our Municipal Code. At the same time the C.R.A., Downtown Development Authority, Chamber of Commerce, and the Atlantic Avenue Merchant's Association will be invited to provided input at the Planning and Zoning Board's public hearing should this item be initiated. Recommend initiation of an amendment to the Zoning Code providing that off-street parking shall not be required in the C.B.D. Zone District and that the Planning and Zoning Board conduct a public hearing as to the merits of this proposal. Item No. 27 COMMISSION ACTION RE. 2010 TRANSPORTATION SYSTEM PLAN. We recently received the Metropolitan Planning Organization's (MPO) proposal for adoption of a 2010 Transportation System Plan. As I wrote in my memo of June 27, comments can be taken directly to the MPO at their July 21st meeting where adoption of the proposed plan will be considered. Several items on the plan are not consistent with the Commission's future view of a road network. Specifically, Swinton Avenue is shown as a four-lane arterial for 4th Street (Lake Ida Road) south to 10th Street at which point Dixie Boulevard becomes four-lanes as well. This - 8 - AGENDA REPORT Meeting of July 12, 1988 is an appropriate time to officially record Commission position that no widening occur along Swinton Avenue between 4th Street and 10th Street. Alternatively, the Commission may wish to request Swinton be widened (only) between 4th Street and Atlantic Avenue to provided a wider connector between the Downtown/Courthouse and Lake Ida Road. The plan also shows Atlantic Avenue as a six-lane arterial from 5th Avenue (Federal Highway South) west to the Turnpike. Obviously this needs to be modified to accommodate our downtown plan. We should ask the MPO to recognize the one-way pair system north and south between Swinton and 5th Avenue (Federal Highway South). Atlantic Avenue west of Swinton is designated a future six-lane arterial. Seacrest Avenue from Lake Ida Road/4th Street north is recommended as a future four-lane arterial. discussion about this segment of roadway but it with current Land Use and street improvements north to our City limits I have heard no appears consistent of the City. Congress Avenue is proposed as a six-lane arterial north and south through the City. Presently construction is underway north of Atlantic Avenue. A question has been raised as to the merits of extending six lanes south of Atlantic to Linton rather than four lanes. There will be an impact on the existing landscape treatment and that planned in the future on right-of-way. This would be an appropriate time to address the six laning of Congress south of Atlantic. Lake Ida Road/4th Street is designated as a future four-lane arterial from 5th Avenue (Federal Highway South) west to Military Trail in the City, continuing west to Hagen Ranch west of the City. Recommend Commission for 2010 and direct 21st MPO meeting. action staff on the proposed MPO Transportation Plan to present the City's comments at the Jul Item No. 28 Purchase of Land for the Auburn Trace Multi-family Housing Development. On Wednesday July 6th, the Delray Beach Housing Authority approved a contract to sale to the City approximately 20 acres for $275,000. The financial terms of the contract are the same as that previously agreed to. As you may recall the prior agreement expired on July 1st and thus renewed approval by the Housing Authority was required. Language has been added to this agreement which stipulates that should no activity occur toward provision of housing on the 20 acre parcel, a recision clause in the agreement shall be invoked. This language is acceptable to the City Attorney and is reasonable to approve as part of the overall agreement. Recommend approval of contract between the City and the Delray Beach Housing Authority for purchase of approximately 20 acres of land from the Housing Authority by the City in the amount of $275,000. Item No. 29 Definition of Legal Household. On September 22, 1987, Ordinance No. 81-87 defining legal households and family was passed on first reading by the City Commission. At the public hearing which followed on October 13th a motion was made to postpone the second reading to October 27th at which time it was again postponed this time indefinitely. The definition of legal household and family has continued to be a discussion item most recently at your April 15th Workshop meeting. The issue has a direct relationship to our Code Enforcement program and the City's ability to enforce the number of people who live in a residence. In order to expedite consideration of this item and determine its status, the Commission may wish to direct that Ordinance 81-87 be advertised for second reading and public hearing on July 26th. This will follow our July 19th Workshop meeting at which time - 9 - AGENDA REPORT Meeting of July 12, 1988 the City's Code Enforcement program will significant amount of background material For those who do not have a complete file I Commission Office. be addressed. available on have placed a There is a this topic. copy in the Recommend staff legal household July 26, 1988. be and directed family to advertise Ordinance 81-87 defining for second reading and public hearing on Item No. 30 (Resolution 36-88)Amendment to Water and Sewer Revenue Refunding Bonds Series 1988. The City's Bond Council, Mudge Rose, has informed me that an amendment to our recently adopted bond resolution will be necessary to clarify a paragraph describing the manner in which bond proceeds will be allocated following refinance of our 1984 Bonds. This amendment is consistent with recommendations from our financial advisor and have been discussed with the City's bond underwriting firm Cranston/Prescott. The effect of the amendment will be described by Derrick Miller an attorney with Mudge Rose. Cash flow to the City as a result of the refinancing remains strong. A decision as to how much and when to take bond proceeds will be made as we know our contamination clean-up cash flow needs more precisely. Recommend approval of an amendment to Resolution 36-88 authorizing the 1988 Water and Sewer Revenue Refunding Bond Issue. Item No. 31 (Resolution No. 37-88) Roots Cultural Festival. The Annual Roots Cultural Festival is scheduled for July 24th through August 14, 1988 at the Pompey Park Recreational Complex. City staff have been meeting with organizers of the Festival which presents the rich cultural heritage of people of African ancestry in the City of Delray Beach. The Festival was conceived by Jefferson Manor Homes Association to bring people together and develop pride, respect and appreciation for their community. The Festival will provide residents and tourists experiences reminiscent of the Bahamas, West Indies, Haiti and other countries with populations of African ancestry and includes a wide variety of cultural, business, and sports activities. The highlight of the Festival will be "The Marketplace at Roots" presented by South Florida artists at Pompey Community Center. Recommend approval of Resolution No. 37-88 recognizing and supporting the Roots Cultural Festival, Inc. in their efforts to sponsor the Eleventh Annual Roots Cultural Festival. Item No. 32 (Resolution No. 38-88) Abandonment of property for County Courthouse. The new Palm Beach County Downtown Courthouse to be located on Atlantic Avenue will break ground July 18th. One of the final acts to allow the transfer of property to occur is abandonment of right-of-way which includes streets and alleyways. All utility companies have approved the abandonment however easements will be retained for FP&L, Southern Bell, City water, sanitary sewer, driveway access and an existing well. The property involved includes a block between S. W. 2nd Avenue, S. W. 1st Street, the centerline of abandoned S. W. 3rd Avenue and Atlantic Avenue plus the tract formerly occupied by the old Police Station. Recommend approval of Resolution No. 38-88 abandoning property for the proposed Palm Beach County Downtown Courthouse. Item No. 33 Final Plat approval Palm Beach County Downtown Courthouse. As a companion to the previous Resolution, final plat approval incorporating the entire tract will be conveyed to Palm Beach County with easements is presented for Commission action. This plat will be - 10 - AGENDA REPORT Meeting of July 12, 1988 recorded with the County and will complete the legal transactions involved in the interlocal agreement. Recommend final plat approval of the Downtown Courthouse to be located on Atlantic Avenue adjacent to the Police Station. Item No. 34 Change Order No. 1 to Replace Live Oak Trees with Coconut Palms - Atlantic Avenue Beautification Project. This item follows discussion about the type of trees to be placed along Atlantic Avenue as part of the City's beautification project. Commission will recall requesting Mayor Campbell review the type of tree to be used and provided that any change subsequently made could be handled in the form of a Change Order. Following this review and discussion with Sasaki and Associates who are designing the beautification project, a Change Order deleting the Live Oak trees as mid-block trees is recommended. The Live Oaks will be replaced with Coconut Palms as mid-block trees. Flowering trees will be placed at the intersection nodes. Tree locations will remain the same as in the current plan and only the tree types will change. Originally Coconut Palms had been planned for intersection nodes while the Live Oak trees were to be placed along the avenue. Subject to approval of this modification the City's Architect will negotiate the substitution with our project contractor. Recommend approval of modifications to Beautification Plan substituting Coconut Palms place of Live Oak trees along Atlantic Avenue. Item No. 35 Appointment of a Member to the Civil Service Board. On June 30, 1988 the term of Virginia Cady Schmidt expired. Ms. Schmidt has served on the Board since December of 1980 and is therefore ineligible for reappointment. Howard Wiener an Alternate Member of the Civil Service Board has requested consideration for appointment as a Regular Board member. Applications received for appointment to the civil Service Board include: the Atlantic Avenue and flowering trees in Sandra Almy Howard Wiener Applications and resumes of applicants for Board membership are included in your agenda packet. Recommend approval of appointment of one member to the Civil Service Board to serve a two year term from July 1, 1988 to June 30, 1990. Item No. 36 Appointment of Alternate Member to Community Appearance Board. A vacancy presently exists in the position of Alternate Member to the Community Appearance Board in the Layperson category. We have received six applications to date to fill the unexpired vacancy. They are: Sandra Almy Dave Bodker Mark Krall Ann Pearson Mildred Scherer Desiree Lynn Snyder Applications and resumes of applicants for Board memberships are included in your agenda packet. Recommend approval of appointment of one alternate member to the Community Appearance Board to serve an unexpired term ending March 8, 1989. - 11 - AGENDA REPORT Meeting of July 12, 1988 Item No. 37 Appointment of Alternate Member(s) to Code Enforcement Board. There are presently three vacancies in the alternate category on the Code Enforcement Board. The Board consists of seven regular members and seven alternate members. The categories of vacancy include General Contractor, Layperson and Architect. We have received six applications to date to fill the vacant terms. They are: Sandra Almy Samuel DeOto Lorraine Kasper Catherine Newkerk Frank Rozzo Murray Schmer Vincent Vorraso Applications and resumes of applicants for alternate membership on the Code Enforcement Board are included in your agenda packet. Recommend approval of appointment of Alternate Member(s) to the Code Enforcement Board to serve unexpired term(s) ending January 14, 1991. CONSENT AGENDA Item No. 38 Designation of the Sundy Feed Store as a Historic Structure. The Historic Preservation Board at its meeting on June 9th conducted a public hearing and recommended approval of a proposal to designate the Sundy Feed Store as an Historic Structure. The Sundy Feed Store is located adjacent to the F.E.C. Railroad tracks immediately south of Mizner Electric. Designation as an Historic Structure will facilitate the planned relocation of this historically significant building from its present location to Morikami Park. The structure was built in 1912 by Isaac Taylor and 1913 by John Shaw Sundy as a distribution point materials. Mr. Sundy was the town's first Mayor. Store serves as a reminder of a point in history when one of the most substantial farming towns in Florida was shipped around the country. was purchased in for agricultural The Sundy Feed Delray Beach was when its produce The Historic Preservation Board was informed by Ocean City Lumber that Mizner Electric Company had obtained the property intending to demolish the building and use the land for parking to accommodate its business. The Sundy Feed Store on the local register of historic places would serve as a permanent reminder of Delray Beach's agricultural roots and of the contribution one of its first families, the Sundy's, made to the City's growth. Fund raising for relocation of the facility to Morikami Park is presently underway. Recommend acceptance of the Historic Preservation Board's recommendation to designate the Sundy Feed Store as an Historic Structure and direct staff to prepare an enacting Ordinance for first reading and public hearing on July 26, 1988. Item No. 39 Site Plan approval for the F.D.K. Industrial Site Plan. Manfred Franz, James Delk, and Samuel Kinnard (owners) represented by Wolfe and DiCamilo Associates have requested consideration of site plan approval for a light industrial development on the west side of S.W. 12th Avenue between S.W. 10th Street and S.W. 8th Street. Four light industrial buildings are proposed to be built on the 3.2 acre vacant tract of land. An initial site plan for the property was reviewed by the Planning and Zoning Board in June of 1987 at which time it was rejected. This plan is significantly different than the earlier proposal. - 12 - AGENDA REPORT Meeting of July 12, 1988 This light industrial zoned property and falls under the provisions of Protection Ordinance which limits require special monitoring of ground is adjacent to a City Wellfield the Palm Beach County Wellfield or prohibits certain uses and may water. Assembling this site and several others into a Master Planned Industrial Park through the Community Redevelopment Agency was considered. It was determined not to be feasible and thus, given the applicant's desire to proceed and the fact that all of the objections raised one year ago have now been satisfied, a recommendation for approval was made by the Planning & Zoning Board at its June 20th meeting. Attached in your agenda packet is a letter from the CRA to the Planning and Zoning Board regarding discussions about the Land Use and Zoning of the affected property. The Planning & Zoning Board approved the site plan SUbject to the following stipulations: 1. Hedging along S. W. 12th Avenue to be designed with approval by City staff. 2. pomgan trees to be substituted for elm trees. 3. A lighting plan must be submitted. 4. Wellfield Protection Ordinance requirements shall be met. 5. Replatting along S. W. 8th required. to include 10 feet of additional right-of-way Street and five feet along S. W. 13th Avenue is 6. Discrepancy in dimensions of buildings to reflect required 50 foot setback must be resolved. 7. Proposed hedge along S. W. 8th adjacent to residential zoning must be planted at four and a half feet and grown and maintained at six feet as a buffer. 8. Developer to mains along S. accommodate flow replace the four inch water mains with six inch W. 13th Avenue and S. W. 12th Avenue to requirements for fire hydrants. 9. Two additional fire hydrants along the north property line and the south property line must be installed. 10. Road impact fees should be paid at the time of building permit issuance. 11. Site plan approval is valid for a period of 18 months from approval. Recommend approval of the Light Industrial site development for Franz, Delk and Kennard project subject to stipulations listed above. Item No. 40 Settlement Offer- Peters vs. City of Delray Beach. The City Attorney will have details of this settlement available at the Commission meeting on Tuesday. Item No. 41 AWARDS OF BIDS AND CONTRACTS: A. Vending Machine Contract - All Brands Vending Company. Terminate contract with Boca/Del Snax Company. - 13 - AGENDA REPORT Meeting of July 12, 1988 B. Restoration of AlA Beach Wall project. Reject bids and rebid the C. Resodding Miller Park $26,500. Louis Sod and Landscaping Company _ D. Street Resurfacing and Bike Path $300,510. Hardrives, Inc. E. Pay Plan/Classification Study - Waters, Trego, Davis, Inc. _ $20,996. - 14 - Pylon Park, 5301 N. Federal Highway Suite 230, Boca Raton, Florida 33431-4961 Telephone (305) 997-5499 PVLON. July 12, 1988 Mr. David Kovac ____ Di:r::~91:()L_9i _I'lannin..9' City of Delray Beach 100 N.W. 1st Ave. Delray Beach, FL 33444 Re: Pylon Medical Associates Ltd. Dear Mr. Kovac: This letter will serve to confirm our conversation of July 12, 1988 wherein we discussed the proposed site improvements to the Pylon Medical Associates building in conjunction with the rezoning and land use changes to the property. As we discussed, Pylon's Director of Construction, Robert Humker, has met with the City's horticulturalist, Nancy Devilla regarding the required landscaping improvements to the property. As a re3ult of their meeting the following are the agreed site improvements necessary to comply with the Planning and Zoning advisory board's recommendations of June 20, 1988: 1. Rather than construct a fence along the north border in addition to the existing hedging, we would allow the existing hedge to grow to a height of 6 foot. In addition, we would implant additional ficus hedging within the existing hedge line and allow same to grow to a height of 6 foot. 2. We will be required to implant an additional 6 mahogany and one silver buttonwood tree along the north and east boundaries, with four trees planted along the north and 3 trees planted along the east boundries. 3. We will replace the two dead Queen Palms along the north border and the one dead Queen Palm in the entrance median. 4. We will replace the existing ground cover along the entry median and various locations. 5. We will remulch and fertilize the existing landscaping and trim the dean fronds from the Queen Palms. 6., We have already begun repainting the south wall off- white. Mr. David Kovac July 12, 1988 Page 2 We will continue our upgrade program of the existing landscaping and will commence the ficus and tree implanting aspects once we have obtained the requested rezoning and land use changes. As always we will continue to be available to work with the city in addressing any concerns which may arise. Sincerely, ~~~ David L. Kessler Deputy Corporate Counsel DLK/ajb cc: Jarres Brady Robert Hunker '. r ~." ", V"'" r, :\ L "..._ .t._i.. . A..1 1.- "'I JUL 8 1988 ~ Judge Irving B.Kendall(Retired) .." ,I", .n'. ' 2005 N.W.18th Street \,\,y ""Pf~'\('~~~' "n,V. Delray Beach,Florida 33445 276-1834 July 8,1988 Ron.Walter Barry,City Manager City of Delray Beach 100 N.W.lst Avenue De!ray Beach,Fl. 33445 Re: CODE ENFORCEMENT BOARD Dear Mr.Barry: I herewith tender my resignation as a member of the Code Enforcement Board to take effect immediately. In do~ng so I want to express my appreciation for having been given an opportunity to serve on a board which was created to improve and enhance the quality of life in our city. I would be remiss if I did not offer these suggestions to make the board more effective: 1. Section 2-121 of the Delray Beach Code should be amended to read as follows: "Section 2-121.Injunctive Relief-Court Referral In the event the board believes that a violation presents a serious threat to the public health,safety and welfare, the board may direct the city attorney to seek appropriate injunctive relief in the name of the city from the circuit court or prosecute the violation in the County C.ourt, if the viilllation is a misdemeanor." 2. Ordinance No.14-82,Article IV Newsrack Regulations, more particularly Chapter 23 is badly in need of review and amendment to remove the ambiguities. With kindest personal regards, Si~elY yours, hj~~H_ IRVI G B.KENDALL IBK:k cc: City Clerk Code Compliance Administrator Mayor Doak S.Campbell, III P.S. The City of Delray Beach can well be proud of the dedication to duty of the administrative staff and code enforcement inspectors assigned to the Code Enforcement Board. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION MRS. JOHN BANTING (MARY) NAME 946 TROPIC BLVD. HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) Ml'llllTTT TYNrH lll'AT'T'Y lfiO S" fi'TH AIT"NTlE. D"T"AY BEACH~..F.LORIDA PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP 407-276-4427 HOME PHONE ___~QL-21a-0300 BUSINESS PHONE eN ~n"lA T BOARDS ARE YOU INTERESTED IN SERVING CODE ENFORCEMENT -.-----.------- LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) CT11Y 'BEAUTIFICATION COMMUTEE 1981- 1987 EDUCATIONAL QUALIFICATIONS GRADUATED OCEAN~IDE HIGH SCHOOL - 1941. ATTENDED MC DOWELLS ART SCHOOL, NEW YORK CITY 1942 ATTENDED NORTON ART GALERY, WEST PALM BEACH, FLA. 1943 PALM BEACH JUNIOR COLLEGE & F.A.U. FOR MORTGAGE BROKERS LICENSE LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. REAL ESTATE LICENSE ~Ll!.l21lligLlASSOCIATE) OF SOCIETl::JF REAl. ESTATE APPRAISERS _~tQAGE BROKERS LICENSE -CURRENT GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION l!EltRILL LYNCH REAL'.QY'; 160 S.E. 6'TH AVENUE, DELRAY' BEACH, FLA. DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE O~ THIS BOARD. Tnmn TN DET."AY BEACH SINCE 1945./ II^.D ""AT "STAT" Ol'l'ICE TN DET."AY B"ACH: StNCE~ - NOW IN REAL ESTATE IN DELRAY. PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE ANI UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP. PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAl RECEIVE. /'J';1Jru;? ~j~~ SI TURE (/ __JY.1LJL--.li88________ DATE BORN IN BENTON HARBOR, MICHIGAN IN 1922 AND MOVED TO LONG ISLAND, NEW YORK IN 1932. GRADUATED FROM OCEANSIDE HIGH SCHOOL IN 1941. ATTENDED MC DOWELL ART SCHOOL IN NEW YORK CITY. STUDIED AT NORTON ART GALLERY IN WEST PALM BEACH, FLORIDA. MARRIED IN 1944 AND LIVED IN CORAL GABLES WHERE MY HUSBAND WAS EMPLOYED BY PAN AMERICAN WORLD AIRWAYS. WE MOVED 'BACK TO DELRAY BEACH IN 1946 WHERE WE MADE OUR HOME AND START- ED OUR OWN BUSINESS. WE HAD A FRUIT SHIPPING BUSINESS AND GIFT SHOP ON NORTH FEDERAL HIGHWAY. WE RAISED THREE CHILDREN IN DELRAY BEACH WHEN IT WAS A SMALL TOWN AND WE KNEW MOST FAMILIES BY THEIR FIRST NAMES. WE STARTED OUR OWN REAL ESTATE BUSINESS IN 1966. I WENT BACK TO SCHOOL AND RECEIVED ~Y~MORTGAGE BROKERS LICENSE IN 1974. I RECEIVED MY REAL ESTATE LICENSE IN 1981. I STUDIED APPRAISING AND AM AN ASSOCIATE MEMBER OF THE SOCIETY OF REAL ESTATE APPRAISERS. I HAVE THE DESIGNATION IN REAL ESTATE OF G.R.I. FROM THE FLORIDA REALTORS INSTITUTE WHICH I RECEIVED IN 1984. IN DELRAY REALTORS. COMMITTEE AT THE PRESENT TIME I AM WITH MERRILL LYNCH REALTY BEACH AND AM A MEMBER OF THE DELRAY BEACH BOARD OF IN 1986 I SERVED AS CHAIRMAN ON THE LAWYER RELArIONS FOR THE DELRAY BEACH BOARD OF REALTORS. I AM A MEMBER OF FLORIDA ASSOCIATION OF REALTORS; MEMBER OF NATIONAL ASSOCIATION OF REALTORS: MEMBER OF MORTGAGE BROKERS ASSOCIATION AND ASSOCIATE MEMBER OF SOCIETY OF REAL ESTATE APPRAISERS. HAVE SERVED SINCE 1981 ON THE CITY BEAUT- IfICATION COMMITTEE FOR THE CITY OF DELRAY BEACH. MEMBER OF ST. PAUL'S EPISCOPAL CHURCH SINCE 1951. "--1 -/Ii j} /:., . y; . , 11/I;l,f? /I~4 /7/ S'tGNED , . Q,/~:2 11yjJ CJ DAT D: ., I o;."""'f''''1-' , ~ ~ ~ '.~"" ".' .. ...,."}Itf' . ,~ . ?WIh..E'"", . "'c.~:!""4 INDEX 1. Agenda Item No. 7 ORDINANCE NO. 102-88: (First Reading) An Ordinance designating the Sundy Feed Store Building as a Historic Building and authorizing the relocation to Morikami Park. If passed, Second Reading August 23rd. 2. Agenda Item No. 8 ORDINANCE NO. 103-88: (First Reading) An Ordinance rezoning land presently zoned RM-10 to PRD-7 for Hidden Lake Subdivision, off Homewood. If passed, Second Reading August 23rd. 3. Agenda Item No. 9 ORDINANCE NO. 104-88: (First Reading) An Ordinance amending Chapter 162 "Signs and Billboards" of the Code of Ordinances to increase the size of permitted sign face. If passed, Second Reading August 23rd. 4. Agenda Item No. 10 ORDINANCE NO. 105-88: (First Reading) An Ordinance amending Chapter 162 "Signs and Billboards" of the Code of Ordinances relative to signs permitted and regulated in zoning districts. If passed, Second Reading August 23rd. 5. Agenda Item No. 11 ORDINANCE NO. 106-S8: (First Reading) An Ordinance amending Chapter 162 "Signs and Billboards" of the Code of Ordinances to regulate the size of signs permitted within special setback areas. If passed, Second Reading August 23rd. 6 . Agenda property on City zoning Item No. 15 ORDINANCE South Federal Highway of GC and RM. NO. 81-88: An Ordinance annexing (Enterprise Leasing) with initial 7. Agenda the Zoning entirety. Item Code No. 16 ORDINANCE by revising the NO. 82-88: An Ordinance amending P.C.C. zoning 'district in its 8. Agenda Item No. 17 ORDINANCE NO. 83-88: An Ordinance amending Chapter 162, "Signs and Billboards" of the Code of Ordinances relative to permit fees. 9. Agenda Item No. 18 Chapter 162, "Signs and eliminate the necessity certain signs within the ORDINANCE NO. 84-88: An Ordinance amending Billboards" of the Code of Ordinances to of Community Appearance Board approval for Central Business District. 10. Agenda Item No. 19 ORDINANCE NO. Chapter 162 "Signs and Billboards" of identification structures to be placed adjacent to subdivision entrances. 85-88: An Ordinance amending the Code of Ordinances to allow in the medians or rights-of-way 11. Agenda Item No. 20 ORDINANCE Chapter 162 "Signs and Billboards" permanent special events sign. NO. 86-88: An Ordinance amending of the Code of Ordinances to permit 12. Agenda Item No. 21 ORDINANCE Chapter 162 "Signs and Billboards" that the definition of sign area sign face. NO. 87-88: An Ordinance amending of the Code of Ordinances providing shall equate with the definition of 13. Agenda Item No. 22 ORDINANCE Chapter 162 "Signs and Billboards" a freestanding directory sign in a NO. 88-88: An Ordinance amending of the Code of Ordinances to permit nonresidential zoning district. 14. Agenda Item No. 23 ORDINANCE NO. 89-88: An Ordinance amending Chapter 162 "Signs and Billboards" of the Code of Ordinances providing for limitations on the size and number of freestanding identification signs in shopping centers. 15. Agenda Item No. 24 ORDINANCE NO. 90-88: Chapter 162 "Signs and Billboards" of the Code of a sign denoting the hours of business operation. An Ordinance amending Ordinances to permit 16. Agenda Item No. 25 ORDINANCE NO. 91-88: An Ordinance amending the Zoning Code by revising the definition of "Family". ORDINANCE NO. 102-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE SUNDY FEED STORE BUILDING LOCATED ON THE SOUTH 85 FEET OF THE NORTH 153 FEET OF LOT 1, BLOCK 84, DELRAY BEACH, AS RECORDED IN PLAT BOOK 1, PAGr. 3, OF THE PUBLIC RECORDS OF PAL.M BEACH COUNTY, FLORIDA, AS A HISTORIC BUILDING AND AUTHORIZING THE RELOCATION TO MORIKAMI PARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Board, at the meeting held on June 9, 1988, unanimously recommended the designation of the Sundy Feed Store Building as a Historic Building, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: / I, i ii I ,. Ii ,: II II I' Section 1. That the following described building in the City of Delray Beach, Florida, is hereby designated as a Historic Building: The Sundy Feed Store Building located on the South 85 feet of the North 153 feet of Lot 1, Rlock- 84, Delray Beach, as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida. Section 2. That the City Commission of the City of Delray Beach, Florida, hereby authorizes the relocation of the Sundy Feed Store Building to Morikami Park. Section 3. That this ordinance shall become effective ten days after passage on second and final reading. PASSED AND ADOPTED in reading on this the day of regular session on second and , 1988. final I 'I I Ii I I I 1 ,; i. Ii .1 !I MAY 0 R ATTEST: City Clerk First Reading Second Reading 7 'I Ii Ii II i! i I I ,I ORDINANCE NO. 103-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA. REZONING AND PLACING LAND PRESENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT IN PRD-7 (PLANNED RESIDENTIAL) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 19. TOWNSRIP 46 SOUTH. RANGE 43 EAST. DELRAY BEACH. PALM BEACH COUNTY. FLORIDA: SAID LAND IS LOCATED ON TRE WEST SIDE OF HOMEWOOD BOULEVARD. BETWEEN HOMEWOOD LAKES SUBDIVISION AND LAGO DEL RAY. AND AMENDING "ZONING MAP OF DELRAY BEACH. FLORIDA. 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION' OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS: ~ That the fo110win~ described property in the City of De1ray Beach. Florida. is hereby rezoned and placed in the PRD-7 (Planned Residential) District as defined in Chapter 173 of the Code of Ordinances of the City of Delray Beach, Florida. to-wit: Portion of Tract B. LAGO DEL RAY. as recorded in Plat Book 30 on Pa~e 69. Puhlic RecordA of Palm Beach County, Florida. and other lands lyin~ in the West One-Half (W 1/2) of the Northwest Quarter (NW 1/4) of Section 19. Township 46 South. Range 43 East. Palm Beach County. Florida. heing more particularly described as follows: Beginning at the Southeast Corner of HOMEWOOD LAKES SECT ION .. A". as recorded in Plat Book 33. Page 192. Public Records of Palm Beach County. Florida; thence on an assumed bearing of due West. along the South line of said HOMEWOOD LAKES SECTION "A". a distance of 1.254.18 feet to a point on the East right-of-way line of Lake Worth Drainage District Canal E-3 1/2; thence S 00 degrees OS"54" E. along said East right-of-way line. parallel to and 100.00 feet East of the West line of Section 19. a distance of 497.45 feet to the Northwest Corner of LAGO DEL RAY PHASE II-A: thence a10n~ the North line of said PHASE II-A due East 1.253.36 feet to the Northeast Corner of said PHASE II-A and a point on the West right-of-way line of Homewood Boulevard, said right-of-way line also bein~ the East line of the West One-Half (W 1/2) of the Northwest One-Quarter (NW 1/4) of the aforesaid Section 19: thence N 00 degrees 01 "15" W 497. 4f) feet along the said West right-of-way line of Homewood Boulevard. to the Point of Beginning. The subject property is located on the west side of Homewood Boulevard. between Homewood Lakes Suhdivision and Lago Del Ray. The above described parcel contains a 14.31 aore parcel of land. more or less. y Section 2. That shall, upon the effective Zoning Map of Delray Beach. sions of Section 1 hereof, the Planning Director of said City date of this ordinance. change the Florida. to conform with the provi- I' II L " Section 3... That all ordinances or parts of ordi.nances in confli.ct herewith be. and the same are hereby repealed. ]i Section-A.. 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. I' ,i i ~ction 5~. 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: City Clerk First Reading Second Reading ;: i I " L I, I I, II , i I I I - 2 - OnL No. 103-88 ORDINANCE NO. 104-88 AN ORDINANCE OF THE CITY :'OMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 15, "BUILDING REGULATIONS", CHAPTER 1:;2, "SIGNS AND BILLBOARDS", SECTION 162.035, "SIGNS PERMITTED AND REGULATED", OF THE CODE OF ORDINp~CES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION (5), TO INCREASE THE SIZE OF PERMITTED SIGN FACE; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Title 15, "Building Regulations", Chapter 162, "Signs and Billboards", Section 162.035, "Signs Permitted and Regulated in Zoning Districts", Subsection 5, of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (5) Entrance gate signs as defined in Section 162.004, being either one double-faced sign or two (2) signs where there are two (2) walls at the entrance and where permanently affixed to the walls at such entrance shall be permitted. Such signs may not exceed thirty-six (36) square feet per sign face. Section 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 \'alidity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session reading on this the day of on second and final , 1988. MAYOR ATTEST: City Clerk First Reading Second Reading q . ORDINANCE NO. 105-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING TITLE 15, "BUILDING REGULATIONS", CHAPTER 162, "SIGNS AND BILLBOARDS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, SECTION 162.035 "SIGNS PERMI'I"I'ED AND REGULATED IN ZONING DISTRICTS" BY AMENDING SUBSEC- TION (F), "COMMERCIAL DISTRICTS", SUB-SUBSECTION 1 "SHOPPING CENTERS ONLY" SUB-SUB-SUBSECTION (b), TO INCREASE THE PERCENTAGE OF BUILDING FACE THAT A WALL SIGN MAY ENCOMPASS; BY AMENDING SUBSECTION (G), "INDUSTRIAL DISTRICTS", SUB-SUBSECTION 2, TO REDUCE THE PERCENTAGE OF BUILDING FACE THAT A WALL SIGN MAY ENCOMPASS, PROVIDING A SAVING CLAUSE, PROVIDING A REPEALER CLAUSE AND PROVIDING AN EFFECTIVE DATE. I, II Ii II 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF _ THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Title 15, "Building Regulations", Chapter 162, "Signs and Billboards", Section 162.035, "Signs Pe:r'mitted and Regulated in Zoning Districts", Subsection F, "Commercial Districts", Sub-Subsection 1, "Shopping Centers Only", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (b) In addition, each unit of a shopping center shall be allowed one flat sign not to exceed 19-~e~eeft~-t19%t 15 percent (15%) of a unit front face area which shall be limitd to the first 12 teet from floOl' level times the width of the building SUbject to decrease in size or area by the Community Appear- ance Board and window lettering not to exceed 5 percent (5%) ot the unit front face area. Any building or premises bordering on two public streets is allowed one flat sign for each bordering street. Section 2. That Title 15, "Building Regulations", Chapter 162, "Signs and Billboards", Section 162.035(G), "Industrial Districts", Subsection 2 of -the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: ( 2) One flat sign or painted wall sign advertising the main occupation or business use shall be allowed provided that the total aggregate area of such sign or signs shall not exceed z9 ~ereeft~-tze%t 15 percent (15%) of the building face and shall not exceed one hundred sixty (160) square feet in total area of the wall which abuts the main street. Signs painted on glass shall be included in the aggregate area. In the case of two (2) main business streets (which may include a railroad right-of-way and/or Interstate Highway 95 as main business streets) a sign as described above shall be allowed on each street, provided the lot has two hundred (200) feet on each such main streets, or, one fixed projecting sign per accessory use advertising said accessory use shall be permitted. The outer edge of the fixed projecting sign and/or the support for same shall not extend more than three (3) feet beyond the wall of any building nor shall it extend above the parapet. The area per sign shall not exceed forty (40) square feet. I, I' i: I' , , I' I' I' " I, I, I; j! /0 -Ii , Ii I: i: II I, i[ I. i; I' 'I I! I I I: I I , i Section 3. That should any section or prov~s~on of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 5. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session reading on this the day of on second and final , 1988. ATTEST: MAYOR City Clerk First Reading Second Reading 2 ORD. NO. 105-88 0RDINANCE NO. 106-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 15, "BUILDING REGULATIONS", CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION 162.055, "CLEARANCE HEIGHT AND SETBACKS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING .'A. NEW SUBSECTION (4) TO REGULATE THE SIZE OF SIGNS PERMITTED WITHIN SPECIAL SETBACK AREAS; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Title 15, "Building Regulations", Section 162.055, "Clearance Height and Setbacks", of the Code of Ordinances of the City of Delray Beach, Florida be in the same is hereby amended by enacting a new subsection (4) to read as follows: ( 4) In an area which has special setbacks designated for the street or zoning district subject to Section 162.020 an applicant who wishes to construct a freestanding sign, which is the sole identification sign on the premises may construct such sign within the special setback area but no closer than 10 feet from the right-of-way if the sign does not exceed 7 feet in height nor 40 square feet per sign face. Such application shall be further expressly subject to approval by the City after the City determines that the placement of the sign and the requested location does not present a hazard to pedestrians or vehicular traffic. An applicant who has permission to erect a sign within said special setback, shall be required to sign an agreement which shall be countersigned by the property owner indicating that it is the obligation of the owner of the sign or property owner to relocate the sign at such time as the City determines additional right-of-way or setbac:k is required for City purposes. The City may also require insurance or bonds in specific circumstances. An applicant who wishes to construct a sign within 10 feet of the right-of-way may do so subject to the provisions of Section l62.055(b)(2). Section 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 3. That all ordinances or parts of ordinances which are in. conflict herewith are hereby repealed. Section 4. That this. ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session reading on this the day of on second and final , 1988. MAYOR ATTEST: City Clerk First Reading Second Reading II ORDINANCE NO. 81-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 6 THROUGH 10, INCLUSIVE, LESS THE WEST 38 FEET THEREOF, LOTS 11. 12. 13 AND 14. TOGETHER WITH THAT PART OF THE ABANDONED ALLEY RIGHT-OF-WAY LYING EAST OF LOTS 6 THROUGH 10. INCLUSIVE, AND WEST OF LOT 11, AND A PORT ION OF THE ABANDONED RIGHT-OF-WAY FOR AVENUE "ij" I BLOCK 26, DEL-RATON PARK. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14 AT PAGE 10 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 EAST S IDE OF FEDERAL 'HIGRWA Y, BETWEEN AVENUE "H" AND LA MAT AVENUE: REDE- FINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND: PROVfDING FOR THE ZONING THEREOF TO GC (GENERA:, COMMERCIAL) DISTRICT. IN PART. AND RM (MEDfUM TO MEDIUM HIGR DENSITY DWELLING) DISTR lliT. IN PART: PROVIDING A GENERAL REPEALER CLAUSE: PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE, I 'I WHEREAS. Enterprise Leasing Company. a Florida Corpora- tion. is the fee-simple owner of the property hereinafter de- scribed; and. WHEREAS, Beril Kruger. :',s dIlly allthori.?ed Enterprise Leasing Company. a Florida Corporation, has by his petition to have the property annexed into the limits of the City of De1ray Beach: and, Agent for requested municipal WHEREAS. the subject property hereinafter described is now contiguous to the corporate limits of the City of Delray Beach. .thus making said petition for annexation effective at this time: and, WHEREAS. the designation of a gnning classification is part of the annexation proceeding. and provisions of City Code Section 113.886 have been followed in establishing the proposed zoning designation: and, WHEREAS. the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 111.044 of the Florida Statutes. NOW. THEREFORE. BE IT ORDAINED flY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS: Section 1~ That the City Commission of the De1ray Beach. Palm Beach County, Florida. hereby annexes City the following described land locat.ed in Palm Beach Florida. which lies contiguous to said City to-wit: City of to said Count.y. PARr.EL "A": [,ots R through 10. inclusive, less t.he West 38 feet thereof: together with Lots 11. 12 and 13: that part of the abandoned alley right-of-way lying East of Lots 6 through 10. $' P i II inclusive. and West of Lot 11; and the abandoned right-of-way for Avenue "H" lying West of t.he Sout.her1y extension of t.he West line of Lot 11 and lying East of the East right-of-way line of U. S. Highway No. 1; Block 26. DEL-RATON PARK. Palm Beach County, Florida. according to the Plat thereof recorded in Plat Book 14 at Page 10 of the Public Records of Palm Beach County, Florida. PARCEL "B": Lot 14, Block 26. DEL-RATON PARK. Palm Beach County. Florida, according to the Plat thereof recorded in Plat Book 14 at Page 10 of the Public Records of Palm Beach County. Florida. The subject property is side of Federal Highway, and La Mat Avenue. located on the bet.w",en Avenue east "H" The above described acre parcel of land. parcels contain a more or Ip:.:;s. 0,686 Section 2. That the boundaries of the City of Delray Beach, F10rida, are hereby redefined to include therein the above-describ",d tracts of land and said lands ar", herehy rler.lared t.o be within the corporate limits of the City of Delray Beach, Florida. Se<otio.ll_.3. That Section 173.886 of the Zoning Code has been followed i.n the establishment of a zoni ng classification in this ordinance and the tract of land hereinabove described as Parcel "A" is hereby declared to be in Zoning District GC (Gener- al Commercial) as defined by existing ordinances of the City of De1ray Beach. Florida. S~Qtlo~j~ That Section 173.886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described as Parcel "B" is hereby declared to be in Zonlng Dist,rict RM (Medium to Medium High Density Dwelling) as defined by existing ordinanc- es of the City of Delray Beach, Florida. SectiQll__5~ That the land hereinabove described shall immediately become subject to all of the franchises. privil",ges. immunities, dehts. 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 citlzens of the City of Delray Beach, Section..h 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. 5..e.c.tiQIL].~ That all ordinances or parts of ordinances in conflir.t herewith be. and the same are hereby repealed. - 2 - Ord. No. 81-88 -iI i i 'I !/ I rl 1 ~ ! Section 8. That should any section or provision of this ordinance or any portion thereof. any paragraph, sentence I 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. ~t.iQIL.B~. That t.his ordinance shall become effective immediately ~pon 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 I, il ii :1 i ii 'I I, d il - 3 - Orc!. No. 81-88 ORDINANCE NO. 82-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 173, "ZONING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING "PCC PLANNED COMMERCE CENTER DISTRICT" (SECTION 173.655 THROUGH SECTION 173.668, INCLUSIVE) IN ITS ENTIRETY, AND ENACTING A NEW "PCC PLANNED COMr1ERCE CENTER DISTRICT", PROVIDING FOR SECTION 173.655 "PURPOSE"; SECTION 173.656 "PREREQUISITES"; SECTION 173.657 "MASTER DEVELOPMENT PLAN" ; SECTION 173 . 658 "ALLOWED USES; AND SECTION 1 7 3 . 6 5 9 "DEVELOPMENT STANDARDS"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 173, "Zoning Code", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by repealing "PCC Planned Commerce Center District" (Section 173.655 through Section 173.668, inclusive) in its entirety, and enacting a new "PCC Planned Commerce Center District" to read as follows: PCC PLANNED COMMERCE CENTER DISTRICT Section 173.655 PURPOSE. The PCC District regulations provide for a mix of light industrial, service industrial, research and development, office, and limited commercial use in an Industrial Park setting which is planned and then controlled through a Master Development Plan. It is desired that the existence of the PCC Zoning will encourage the planning and development of such centers which will provide employment opportunities residents of the Greater Delray Beach community. The PCC District shall be applied to property which is best suited for light industrial land use, is shown as Industrial on. the City's Land Use Map, and is situated in proximity to the arterial street system of the community. District commerce for the Section 173.656 PREREQUISITES. In order for land to be rezoned to and/or developed pursuant to the PCC designation, the following criteria must be met: Ii II I, I I , I. I; I. I, Ii I " I (1) The property within the proposed PCC designation shall be under unified control (an individual, partnership, joint venture or corporation; or group 0 f indi viduals , partnerships, or corporations). Any rezoning, master development plan, or site plan request shall include legal documents, acceptable to the City Attorney, which constitute evidence of unified control of the entire area within a proposed PCC. (2) The applicant must be able to bind the entire area within a proposed PCC to the terms, condi tions, uses, and site development plan as approved in the Master Development Plan. (3) The area proposed for inclusion within. a PCC must be a minimum size of ten (10) acres. Section 173.657 MASTER DEVELOPMENT PLAN. (1) General: The development of a PCC shall be governed by a Master Development Plan (MDP). The MDP shall consist of a narrative; a land use map; conceptual site, landscaping, and utility plans; and conceptual elevations and architectural information. (2) Process: A MDP shall be processed pursuant to 173.866 PROCEDpRES FOR SITE AND DEVELOPMENT PLAN REVIEW. A MDP shall be subject to the terms and conditions of 173.868 SITE AND DEVELOPMENT PLANS - TIME LIMITATIONS. A MDP may be modified pursuant to 173.869 MODIFICATIONS OF APPROVED SITE AND DEVELOPMENT PLANS. A MDP shall be the guide for any subsequent site plan or subdivision action. A site plan shall be required for any phase 'or the entire area encompassed by a MDP. The site plan shall be processed as a MODIFICATION OF AN APPROVED SITE AND DEVELOPMENT' PLAN (173.869). A subdivision plat shall be processed pursuant to the Subdivision Regulations of the City (Chapter 172 of the City Code). The conceptual landscaping plans, final landscaping plans, conceptual elevations, signing, and architectural aspects of a MDP must be approved by the Community Appearance Board. Variances and waivers to the requirements of the Section and supplemental district regulations, referred to herein, may be granted by the City Commission concurrent with approval of the Master Development Plan (MDP) without the requirement of a public hearing. (3) Submission Requirements: The following items constitute the submission requirements for a Master Development Plan (MDP) . (a) General: general application form processing fee as set by the City Commission last recorded Warranty Deed certification of fee ownership designation of agent documentation as to unified control documentation as to ability and intent to bind successors legal survey, prepared by a surveyor registered in the State of Florida, showing the following: accurate legal description acreage computed to nearest one-tenth of an acre all existing improvements on the site location of the centerline of adjacent rights-of-way location of easement both of record and apparent rights-of-way -2- Ord. No. 82-88 area survey, showing the following: a tree survey on-site and adjacent topography points of ingress/egress on property and property across streets location of structures on adjacent parcels existing water mains, sewer mains, and drainage devices adjacent streets including both rights of way and pavement locations traffic impact analysis location of wellfield impact zones adjacent adjacent (b) Land Use Map: A graphic representation of the entire site which shows or provides: a location map internal street system adjacent street system and parcels and the uses thereon project name development areas identified by land use categories as defined in 173.658 the general location of major water, sewer, and drainage devices required for the project legend and tabular data regarding land areas devoted to uses (streets, open space, type of use, etc.), square footage of building use per land use category, and phasing schedule. (c) Conceptual Plan(s): A graphic representation of the entire site, phases thereof, or development areas which shows: - the relationship between the entire site and adjacent parcels - the relationship between development phases and/or internal development areas - traffic circulation, parking areas, locations, landscape areas, and facilities building utility - Elevations depicting architectural styles proposed development and information architectural details e.g. building pavement textures, signing materials, fixtures, street furniture, etc. for the regarding materials, lighting i: , I. :' Ii Ii I I I i - The conceptual plans shall provide sufficient detail to assess the items listed in Section 173.851 - More specific conceptual plans for site development, landscaping, or utilities may be required by the Planning Director as they are warranted - Completely detailed site plans, landscaping plans, utility plans, and elevations may be provided, at the discretion of the applicant, in lieu of conceptual plans; thus, accelerating the review process. -3- Ord. No. 82-88 (d) Narrative: The narrative shall set forth the following: - General information about the project Statement of character of the project and its speci- fic objectives regarding impact upon the community - Statement as to uses - Phasing sequence, if any, including phasing of the installation of public improvements - Variance, waivers, special exceptions or other concessions requested for the project - Statements pertaining to payment of processing, in lieu, impact, and special fees - Statements pertaining to anticipated processing and review sequences - Statements pertaining to initial contact providers and/or agencies involved drainage, water management, solid waste related items as is appropriate - Statements pertaining to compliance with County and City Wellfield Protection requirements, and Hazardous Waste Disposal requirements with service with storm disposal and (4) Master Development Plan of Record: Upon approval of a MDP, the approved MDP shall be stamped and certified by an official of the City as to its status. Subsequent to approval of a MDP, all further submissions for review and permits shall conform in every respect with the MDP except as it may be officially modified pursuant to Section 173.657. For areas which are zoned as PCC at the time of approval of this section, a MDP is required to be prepared by the property owner, or his agent, and submitted to the Planning and Zoning Board for approval. The MDP may be processed as either a minor or major site plan modification, as is appropriate for the case.at-hand. The MDP shall be evaluated against the site plan for record for the existing PCC. The MDP required under this subsection must be made of record prior to September 1, 1989. Failure to obtain a MDP of record shall be cause for the Building Department to not issue building permits for further development or modification to existing development within an existing PCC. Section 173.658 ALLOWED USES. Use areas as identified herein shall be depicted upon the land use map component of the Master Development Plan (MDP). Thereafter, uses identified as being allowed in a specific land use area are allowed pursuant to provisions of the narrative and this Section of the City Code. i I I I I The list of specific uses allowed within a specific PCC shall be established in the narrative portion of the MDP. Al terations to the list of specific uses may be made through the site and development plan modification process. I i I I I I I I (1) Office Center: The "Office Center" aspects of a PCC may comprise as much as fifty percent (50%) of the total land area within an entire PCC District. uses identified in this subsection can only be located in that area of the Land Use Map which is depicted as "Office Center". Such uses are exclusive of the storage of materials used off-site or sold in the associated trade and/or the repair of same. These uses are: -4- Ord. No. 82-88 Business Offices e. g. travel agencies, agencies, general office location for an partnership, or corporation bookkeeping individual, Educational Facilities e.g. vocational commercial schools (sales, real estate, development, etc.) schools, personal Financial Institutions e.g. banks, savings and loan establishments, brokerage firms Medical Offices e.g. physicians, dentists, chiropractors, podiatrists, optometrists, etc. I I' " I' II II Ii Professional Offices firms, architectural co~sultation services, e.g. attorneys, engineering firms, real estate agencies, accounting firms, etc. Licensed Child Care Centers (2) Light Industrial Areas: Manufacturing, fabrication, assembly, wholesale, and distribution uses are permitted within a PCC. Such uses, as further identified in this subsection are only permitted in those areas identified as "Light Industrial" on the land use map component of the MDP. All aspects of these uses must be carried out within a structure. In keeping with the intent of the PCC to involve a mix of uses, light industrial areas within a PCC are limited to fifty percent (50%) of the total area of that PCC. Manufacturing -- The processing of raw materials to create final products for distribution and which either involve or result in the following: Materials ceramics and plaster fiberglass glass leather tobacco wood Processes millwork (woodwork) welding Products , I I i: I I I I I ! appliances bakery products beverages, alcoholic and nonalcoholic cabinets clothes computer chips and computer components cosmetics dairy products dry ice electronic components furniture ice optical pharmaceuticals signs of all/any materials -5- Ord. No. 82-88 sporting goods textiles toys Fabrication and/or Assembly -- The working or combining of processed or manufactured materials or parts which are then prepared for distribution for sale. All processes and products identified under "manufacturing" are permitted as are the following: Processes: assembly of mechanical and/or component parts bottling engraving machine shops printing repair of damaged goods and products which may have been manufactured on the premises Products: communication devices (radio, television, cameras) confectionaries metal goods precision instruments newspapers, books, periodicals Wholesaling, Storage, and Distribution -- The wholesaling, storage, and distribution of any products which may be manufactured, assembled, or fabricated on the premises. In addition, the following items may be wholesaled, stored, or distributed from or within the Light Industrial areas of a PCC: cold storage frozen food lockers, including personal lockers household furnishings and goods Other Processes The. following processes may also be conducted within the Light Industrial areas of a PCC: dry cleaning laundries tailoring I II (3) Research and Development: Research and Development uses involve either some degree of product creation, testing, evaluation, and development or the provision of testing and evaluation services for use by' others. The term "research and development use" does not include the actual manufacture, assembly, fabrication, or other processing techniques which result in either the direct wholesale or retail distribution of products from the premises; examples of such uses or resulting products include: Product creation, testing, evaluation, and development... computer hardware computer software pharmaceuticals -6- Ord. No. 82-88 Research and development services... calibration laboratories or services chemical laboratories commercial testing laboratories soil laboratories scientific research laboratories The following uses are also considered Development uses for the purposes of within a PCC: as Research and being permitted broadcast studios and facilities communications facilities and equipment motion picture and theater production facilities including the creation of props, scenery, costumes; filming and rehearsals; attendant storage; and screening and editing. (4) Service Industry: Service Industry uses are those which are primarily engaged in providing an off-site service but which maintain inventory, storage of materials, and a business office at a central location. Repair of equipment and materials associated with the service is also permitted at this central location. The area which may be devoted to "Service Industry" uses within a PCC is limited to twenty-five percent (25%) of the total land area of that PCC. All aspects of these uses must be accommodated within a structure. Uses which are allowed within the "Service Industry" classification include: Assembly, fabrication, wholesale, and storage per Section 173.658(2) above when such use is limited to no more than 5,000 square feet per tenant. Land Development Services (e.g. surveying, soils testing, mapping, architectural, engineering). Contractor and Trade Services (e.g. general contractor, electrician, plumbers, heating and air-conditioning specialists, swimming pool maintenance, landscaping services, exterminators, equipment and tool rental). Repair of office equipment (e.g. computers, data processing equipment). typewriters, Business Services (e.g. photocopying/printing, photofinishing, provision of office equipment and furnishings, delivery services, computer and data processing services). I I I Limited Retail Trade only as a secondary use within anyone building, but only to the extent that the floor area for all retail use (either accessory to the service industry use or not) shall not exceed twenty-five percent of the floor area of the total building. Although the intent of the PCC does not encourage retailing of items other than at the designated "retail center", additional retail uses may be allowed in the Service Industry areas shown on the MDP. Such retail use may involve the sale of products associated with an established service industry use or may involve any of the following products: -7- Ord. No. 82-88 , i I II Ii II " I, I I I I , I I ~ apparel and accessories appliances baked goods building materials and garden supplies camera and photographic equipment and supplies furniture and home furnishings hobbies, games, toys jewelry, gifts, novelties luggage and leather goods radio, television, and communication products sporting goods (5) Retail Center: A "Retail Center" may be a part of a PCC. It must be designed in such a manner that all access to it is from streets which are internal to the PCC. A "Retail Center" may not occupy more than ten percent (10%) of the total land area within a PCC; however, in no event, shall a "Retail Center" exceed 30,000 sq. ft. in floor area. The character of a "Retail Center" in a PCC should be such that it accommodates the other uses within the PCC. As such a "Retail Center" is restricted to the following uses: Personal health services e.g. barbershop, beauty shop, salon, pharmacy, physical fitness centers Personal services e.g. dry cleaning pick-up, laundromat, tailoring Licensed Child Care Facilities Financial Institutions e.g. banks, S & L, brokerage firms personal Convenience Services shops, hObby shops, newsstands, supplies, tobacconist Restaurants Specialty food shops Liquor stores e.g. florists, gift photo services and (6) Supplemental Uses: The following uses are allowed within any of the above use areas provided that they are of such a scale, design, and location to cater to the needs of employees of the industrial park or to otherwise meet the rational stated herein. Space allocations for these uses shall be identified during site plan approvals. These uses may not be established in areas other than as shown on approved site plans. Lunch counters, snack bars, and vending machine areas Classroom. and training facilities Licensed Child Care facilities Sundry shops Retail outlets for the sale of items manufactured, assembled, fabricated, or otherwise produced on-site; provide that the floor area dedicated to such a retail outlet shall not exceed ten percent (10%) of the area used for the production of the product or products of a business; and, in no event, shall such uses exceed one thousand (1,000) square feet in area. This restriction does not apply to the Service Industry land use areas. See D, 4 regarding retail use allowances in the Service Industry areas. Section 173.659 DEVELOPMENT STANDARDS. -8- Ord. No. 82-88 The following standards shall be adhered to in the development of a PCC. Waivers and variances to these standards may be approved by the City Commission concurrent and as a part of the approval of a Master Development Plan (MOP); however, such waivers and variances are permitted only to the extent that they would be allowed pursuant to the authority of the Board of Adjustment. it is the intent of this subsection to establish m~n~mum standards for development within the PCC Zone District. When considering a Master Development Plan (MDP) in any Planned Commerce Center (PCC) development proposal, the Planning and Zoning Board may recommend and the City Commission may attach sui table conditions, safeguards, and stipulations to address the specific characteristics of the site and potential impacts of the proposed development. Subsequent to approval of a MDP, all subsequent submissions for reviews 'and permits shall conform in every respect with the MOP except as it may be officially modified pursuant to Section 173.657. (1) Standards Pertaining to Allocation of Uses: (a) Office Center shall not encompass more than fifty percent (50%) of the total land area within a PCC. (b) Light Industry shall not encompass more than fifty percent (50%) of the total land area within a PCC. (c) Service Industry shall not encompass more twenty-five percent (25%) of the total land within a PCC. than area (d) Research and Development is not limited with respect to the amount of land area devoted to it. Further, such use may be placed within any of the "land use areas" depicted on the MDP. (e) Retail Center shall not encompass more than ten percent (10%) of the total land use area within a PCC; and, in no event, shall such use exceed more than 30,000 square feet in gross floor area. (2) Standards Unique to unique to the PCC contained elsewhere landscape codes, the shall apply. the PCC District: Where standards District conflict with standards in the zoning, subdivision, and standards of this Section 173.659 (a) Minimum Parcel/Lot Size: a PCC, in total, must be comprised of at least ten acres of land prior to computation of area required for public dedication purposes. I: any use area within a PCC must have a minimum lot area of one acre exclusive of land dedicated for public purposes. (b) Minimum Floor Area: tenant space for uses in the light industrial designation must have a minimum of 3,000 square feet. Research and development, and service industry use areas must have a minimum of 1,000 square feet per tenant. there are no minimum requirements for office and commercial uses. -9- Ord. No. 82-88 (c) Lot Coverage: By structures...a maximum of 50% of the area of any individual lot. For open space...a minimum of 25% of the area included within the final perimeter boundary of a MDP. Landscape areas required to meet parking lot design requirements ,and paved areas shall not be included in the calculation of this 25%. open space requirements. (d) Perimeter Development: A landscape boundary shall be provided around each PCC. Parking, structures, perimeter roadways, and other paving is not permitted within this peripheral greenbelt except for bicycle paths, sidewalks, jogging trails, and driveways or access streets which provide ingress and egress for traffic and which are generally perpendicular to the greenbelt. The width of the greenbelt shall be as follows: Absolute minimum ................... 25 feet When adjacent to a collector or arterial street ................. 30 feet When abutting residentially zoned property ..................... 40 feet When adjacent to but separated from residentially zoned property by a street, waterway, alley, railway or park .................... 25 feet (e) Setback Requirements: Building setback requirements shall be established as a part of the MDP. Minimal setback requirements shall be the rule provided that a) landscaping standards between buildings and perimeter boundaries are maintained; and, b) sight distance with respect to vehicular movements is adequate. (f) Truck and Equipment Storage: Trucks in excess of one (1) ton carrying capacity shall be parking in rear or interior side yards. They shall be screened from the view of adjacent properties or any (adjacent) public right-of-way pursuant to Code Sections 173.810 through 173.813. Industrial equipment (including bulldozers, cranes, drag lines, derricks, tractors, and other implements for moving equipment or construction) must be stored within fully enclosed buildings overnight or when otherwise not in use, or they shall be screened from the view of "-djacent properties or any (adjacent) public right-of-way pursuant to requirements which may be specified within the Master Development Plan, as approved. (g) Overhead Doors: facing a public the right-of-way Overhead doors are prohibited from right-of-way with the exception of of 1-95. (h) Undergrounding of Utilities: Within the boundary of a PCC all utilities, including telephone, television cable, and electrical systems shall be installed underground. -10- Ord. No. 82-88 Primary facilities providing service to the site may be exempted from an undergrounding requirement. Appurtenances to utility systems which are normally located above may be exempted from requirement; however, when located shall be screened in a manner Community Appearance Board. an undergrounding above ground they approved by the (i) Maintenance of Common Areas: All common open space shall conform to its intended use, per the MDP, through deeds, covenants, or other arrangements, as approved by the City Attorney, and which run with the land. (3) Supplemental District Regulations: The following supplemental district regulations, as found elsewhere in City Codes shall apply within the PCC Zone District. (a) Building Height: All structures shall be limited to a maximum height of 48 feet, except as provided in Section 173.032(A) and (B). (b) Parking Rqmts: See Code Section 173.770 through 173.775, inclusive. (c) Loading Rqmts: See Code Section 173.790 through 173.797, inclusive, except that all loading and unloading operations shall be accommodated in the interior side yard or rear yard areas. These areas shall be located and screened so as to minimize visibility from adjacent property and public rights- of-way. (d) District Boundary Lines: See Code Section 173.036 except that the provisions of 173.659 (2) (d) shall take precedence if conflicts occur. (e) Landscaping: See Section 152.24 and 159.26 through 159.32, inclusive, of the City Code. (f) Signing: See Section 162 of the City Code. (g) Minimum Distance Between Buildings: A minimum distance of twenty-five feet (25') must be maintained between all buildings within a PCC. (h) Walls, Fences and Hedges: See Section 173.039(C). Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. Tha t thi s ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular reading on this the day of session on second , 1988. and final MAYOR ATTEST: City Clerk First Reading July 26, 1988 Second Reading -11- Orc1. No. 82-88 ORDINANCE N0. 83-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULATIONS", CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION 162.024, "PERrUT FEES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION (A), "PERMIT FEE", BY ENACTING A NEW SUBSECTION IA). "PERrUT FEE", PROVIDING FOR A SCHEDULE OF RATES FOR THE ISSUANCE OF PERMITS; BY ENACTING A NEW SUBSECTION (D) TO ESTABLISH A TIME WHEN FINAL INSPECTION OF THE SIGN IS TO BE CALLED FOR; PROVIDING A SAVING CLAUSE, PROVIDING A GENERAL REPEALER CLAUSE AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title XV, "Building Regulations", Chapter 162, "Signs and Billboards", Section 162.024, "Permit Fees", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by repealing Subsection (a), "Permit Fee" in its entirety. Section 2. That ':'itlc XV, "Building Regulations", Chapter 162, "signs and Billboards", Section 162.024, "Permit Fees", of the Code! of Ordinances of the Cit.y of DelIay Beach, Florida, be, and the same is hereby amended by enacting a new Subsection (a), "Permit Fee" as follows: (a) Permit Fee. It shall be unlawful for any person to post, display, alter or erect within the City a sign or sign struc- ture unless otherwise excluded by the terms of this article without first having paid a permit fee to the City at the office of the building official. The permit shall be col- lected when the sign permit application is submitted, based on the following schedule of rates: (1) Non-elec,rical sign shall be calculated on the basis of $1.00 per square foot of sign face. (2) Electrical signs shall be calculated on the basis of $1.00 per squire foot of sign face plUS $10.00 Section 3. That Title XV, "Building Regulations", Chapter 162, "Signs and Billboards", Section 162.024, "Permit Fees", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a 1<2,,' subsection (D) to read as follows: (D) The Chief Building Cfficial shall be called for final inspect.ion 'jf the sign ',/ithin ten (10) working days of the date installation has been completed. Should the Chief Building OfficL,l !Ivt be notified within such time frame, the person to v/hom the pel'mil "as issued shall be subject to the penalties cont:dined in SecL.un 9-219 of this code. ordinance declared decision whole or Section 4. ':'}Jd t should any section or provision of this or any portion t.h2J:cof, any paragraph, sentence, or word be by a court of competent juri.sdiction to be invalid, such shall not. affect the validity of the remainder hereof as a part thereof other than the part declared to be invalid. /7 e;t Section 5. That ,,11 ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in r~gular session reading on this the day of on second and , 1988. final MAYOR ATTEST: City Clerk Fi.rst Reading Second Reading 01'10. NO. 2J-88 8RDINANCE N8 3~-88 AN ORDINANCE OF THE CITY COMr-HSSION OF THE CITY OF DELRAY BEACH, FLORIDA, 1,MENDING TITLE 'iN, "BUILDING REGULATIONS", CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION H>2.Cl?O, "PERMIT REQUIRED; APPROVAL PROCESS; . EXCEPTIONS", BY AMENDING SUBSECTION (B) ( 2), OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUB-SUBSECTION 2 (g) TO ELIMINATE THE NECESSITY OF COMMUNITY APPEARANCE BOARD APPROVAL FOR CERTAIN SIGNS WITHIN THE CENTRAL BUSINESS DISTRICT ZONING CLASSIFICATION, PROVIDING CRITERIA FOR SUCH SIGNS; PROVIDING A SAVING CLAUSE, PROVIDING A GENERAL REPEALER CLAUSE AND PROVIDING AN EFFECTIVE .DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title XV, "Building Regulations", Chapter 162, "Signs and Billboards", Section 162.020, "Permit Required; Approval Process; Exceptions", Subsection (B)(2) of the Code of Ordinances of the City of Delray Beach, Florida, be, :md the same is hereby amended by enacting Subsection (2)(g) to read as follows: (2) (g) Within the central business district zoning classification one fixed projection sign, one flat wall sign and one under canopy sign per business, provided that the color scheme of the sign is consistent with the color palette available from the Building Department, and the sign face does not exceed twenty (20) square feet for the fixed projection and flat wall signs and four (4) square feet for the under canopy sign. However, where the sign requested is obviously inconsistent in color or design with the neighboring signs, the Building Department may refer the siS!fl to the Corrununi ty 1>.ppearance Board for their review. Section 2. Tha t should any section or provision of this ordinance or any portion thereof, an}' 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 3. Th~t all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That this ordinance shall become effective ten (10) days after its passage ~r 3ccond and final reading. PASSED i\1'lD ADOPTED in regular session reading on this the day ~f on second and final , 1988. MAYOR ATTEST: City Clerk First 'Reading Second Reading 18 Bi ORDINANCE NO.8S-8S AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULATIONS", CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION 162.004, "DEFINITIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION "ENTRANCE GATES", TO ALLOW IDENTIFICATION STRUCTURES TO BE PLACED IN THE MEDIANS OR RIGHTS-OF-WAY ADJACENT TO SUBDIVISION ENTRANCES ALLOWING CERTAIN EXISTING SUBDIVISION IDENTIFICATION SIGNS TO REMAIN OFF PREMISES; PRO- VIDING A SAVING CLAUSE, PROVIDING A REPEALER CLAUSE AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Title XV, "Building Regulations", Chapter 162, "Signs and Billboards", Section 162.004, "Definitions", Subsection "Entrance Gates" of the Code of Ordinances of the City or Delray Beach, Florida, be and the same is hereby amended to read as follows: Entrance gates: An identification structure located along the main access to a city-approved subdivision or commercial development and necessary directional signs. Such subdivision identification signs may be erected within a right-of-way or median strip adjacent to the sub- division if approved by the City. A subdivision identification sign existing within a right-of-way or median as of July 1, 1988 shall be considered adjacent to a subdivision. Signs erected within the right-of-way shall be at least ten (10) feet from the paved roadway. Signs located within a median shall be at least five (5) feet from any paved roadway. Any signs approved for location within the right-of-way or median shall have a sign face no greater than thirty-six (36) square reet. If a right-of-way or median is not within the jurisdiction of the Ci ty, the applicant for said sign must obtain permission from the governmental entity controlling the right-of-\~ay or median to erect the sign in the requested and approved location. Section 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 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session reading on this the day of on second and final , 1988. MAYOR ATTEST: City Clerk First Reading Second Reading I, tit-- ORDINANCE NO. 86-88 ~ ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING TITLE XV, "BUILDING REGULATIONS", CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION 162.038, "TEMPORARY SIGNS", SUBSECTION (B), "~USCELLANEOUS SIGNS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH FLORIDA, BY ENACTING A NEW SUB-SUBSECTION (1) (a), TO PERMIT PERMANENT SPECIAL EVENTS SIGN, PROVIDING CRITERIA FOR LOT SIZE ON WHICR SUCH SPECIAL EVENTS SIGN MAY BE PLACED, PROVIDING FOR MAXIMUM SIZE, MINIMUM SETBACKS AND COMMUNITY APPEARANCE BOARD REVIF.W OF SUCH SIGNS; PROVIDING A SAVING CLAUSE, PROVIDING A REPEALER CLAUSE AND PROVIDING AN EFFECTIVE DATE.' NOW, TREREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Title XV, "Building Regulations", Chapter 162, "Signs and Billboards", Section 162.038, "Temporary Signs", Subsec- tion (B), "Miscellaneous Signs", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting a new sub-subsection (ll(a) to read as follows: (1.)( a) Each parcel of land lying within the central business district and having at least two hundred (200) lineal feet of frontage along a public roadway may be permitted to place one ( 1) freestanding nonmoving special event sign of a permanent nature for the purpose of communicating matters which are of a general benefit, civic and CUlturally to the cormnunity at large, on their property. Such signs may have a sign face of up to twenty (20) square feet and a maximum height of six (6) feet, including sign structure. Notwithstanding any applicable building setback, such sign shall have a minimum setback provision of five (5) feet from any property line. All such signs must be approved by the Cormnunity Appearance Board prior to the issuance of a permit. Section 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 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session reading on this the day of on second and final , 1988. ATTEST: MAYOR City Clerk First Reading Second Reading :lO .d;; ')RDINANCE NO. 87-88 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOHS: AN ORDINANCE OF THE CITY COl>lMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ~.MENDING TITLE XV, "BUILDING REGULATIONS", CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION 162.004, "DEFINITIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION, "SIGN AREA": AND BY ENACTING A NEW SUBSECTION, "SIGN AREA", PROVIDING THAT THE DEFINITION OF SIGN ~~EA SHALL EQUATE WITH THE DEFINITION ::W SIGN FACE, BY MmNDING THE DEFINITION OF SIGN FACE; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Section 1. That. Title XV, "Building Regulations", Chapter 162, "Signs and Billboards", Section 162.004, Subsection, "Sign Area" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed i.n its entirety. Section 2. That Title XV, "Building Regulations", Chapter 162, "Signs and Billboards", Section 162.004, "Definitions" of the Code of Ordinances of the City of Delray Beach, Florida be and the same is hereby amended by enacting a subsection "Sign Area" to read as follows: Sign Area: See sign face. Section 3. Tha t Section 9, "Building and Construction", Article VIII, "Signs and Billboards", Section 9-198, "Definitions", subsection "Sign Face" of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sign Face: The part of :J. sign that is or can be used to identify, advertise, communicate information or for visual representation which attracts the attention of the pUblic for any purpOse. Sign face in- cludes any background material, panel, trim, color and direct or self- illumination used that differentiates the sign from the bUilding, structure, backdrop surface or object upon which it is placed. If there is no back round materi",l anel trim color or illumination used to differentiate the si n from the buildin structure backdro surface or ob'ect u on which it is laced then the si n face shall be the area of a rectan Ie 'ust lar e enOli 11 to enclose all letterin illustrations ornamentation. Symbols or loqos. ~he sign structure shall not be included as a portion of the .sign face Provided that no message, Symbol or any of the aforementioned sign face criteria are displayed on or designed as part of the Sign strUcture. Section 4. That ,,~hculd any :;.cction or provision of this ordinance or any port ion th,,::reof, any paragraph, sentence, or word be declared by a Court of C0mpetent jurisdiction to be invalid, such decision shall not affect the validity ::.'f the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That. all :)rdia&nces or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ~rdinance shall become effective ten (10) days after its pas~age on Second and final reading. PASSED AND ADOPTED in regular session reading on this the day of on second and final , 1988. ATTEST: i'~i.1'OR City Clerk First Reading Second Reading :1.I B ORDINANCE NO. B8-BB AN ORDINANCE OF THE CITY CDr-1MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, .:'\MENDING TITLE XV, "BUILDING REGULATIONS", CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION 162.041, "DIRECTORY SIGNS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 16Z.041 "DIRECTORY SIGN", TO PERMIT A FREESTANDING DIRECTORY SIGN IN A NONRESIDENTIAL ZONING DISTRICT FOR EACH BUILDING EXCEEDING FIVE THOUSAND (5,000) SQUARE FEET IN AREA, AND PROVIDING A MAXIMUM SI ZE FOR SUCH SIGN; PROVIDING A SAVING CLAUSE, PROVIDING A REPEALER CLAUSE AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title XV, "Building Regulations", Chapter 162, "Signs and Billboard!:", Section 162.041, "Directory Sign", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 162.041 Directory sign. A directory consisting of signs each having an area of seventy-two (72) square inches (four (4) inches by eighteen (18) inches) per sign and may be attached to a freestanding sign; said directory signs must indicate the organization or business endeavor in the particular commercial or industrial district. Such signs shall be included in the aggregate area for freestanding signs. Flat wall directory signs shall not exceed twenty-four (24) square feet. Notwi thstandinq the above-referenced applicable aqgregate area for freestanding signs in a district of nonresidential zoning, each building which exceeds five thousand (5,000 l square feet in area shall be permitted to have a freestanding directory sign which shall not exceed twenty-four (24) square feet in area includinq the sign structure. Section 2. That should any section or prov~s~on of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. Pl\.SSED AND ADOPTED in regular session reading on this the day of on second and final , 1988. . MAYOR ATTEST: City Clerk First Reading Second Reading ~?. fIE ORDINANCE NO. 89-88 AN ORDINANCE OF THE CITY CCMMISSIOO OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULATIONS", CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION 162.035, "SIGNS PERMITTED AND REGULATED IN ZONING DISTRICTS", SUBSECTION (F), "COMMERCIAL DISTRICTS", SUB-SUBSECTION (1), "SHOPPING CENTERS ONLY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY REPEALING SUB SUB-SUBSEC- TION (a) N~D ENACTING A NEW SUBSECTION (a) PROVIDING FOR LIMITATIONS ON THE SIZE AND NUMBER OF FREESTAND- ING IDENTIFICATION SIGNS IN SROPPING CENTERS; PROVIDING A SAVING CLAUSE, PROVIDING A REPEALER CLAUSE AND PROVIDING AN EFFECTIVE DATE. NOW, 'rHEREFORE, BE IT ORDAINED BY THE CITY CCMUSSICNOF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Title XV, "Building Regulations", Chapter 162, "Signs and Billboards", Section 162.035, "Signs Permitted and Regulated in Zoning Districts", subsection (F), "Commercial Districts", sub-subsection (1), "Shopping Centers Only" of the Code of Ordinances of the City of Delray Beach, Florida, shall be and is hereby amended by repealing sub-sub-subsection (a). Section 2. That Title XV, "Building Regulations", Chapter 162, "signs and Billboards", Section 162.035, "Signs Permitted and Regulated in Zoning Districts", subsection (F), "commercial Districts", sub-subsection (1), "Shopping Centers only" of the Code of Ordinances of the City of Delray Beach, Florida, shall be and is hereby amended by enacting a new subsection (a) to r.ead as follows: (a) A shopping center may have t.hree (3) freestanding signs as long as the number of signs is equal to the number of publicly dedicated streets that the shopping center has frontage on. The a.ggregate size of such sign faces shall be equal to one-half (1/2) squa~e foot:)f sign face area for each lineal foot of publicly dedicated street. frontage up to a total aggregate of two hundred fifty (250) square feet, and provided that no individual sign face shall exceed one hundred sixty (160) square feet, nor shall the height of any sign structure exceed eighteen (18) square feet. However, if all free- standing sign structures are less then seven (7) feet in height, an individual sign face may be one hundred eighty (180) square feet and the total aggregate sign faces may total three hundred fifty (350) square feet with the approval of the Community Appearance Board. The signs may display t.he name of the shopping center, list some or all of the names of the retail stores and service establisrunents contained therein, or may combine the Shopping center name .with the list of separate stores and establish- ments provided that in all instances the above referred to size limitation are observed. Section 3. That s'hould any section or provl.sl.on of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 023 ~ Section 4. Thilt all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 5. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session reading on this the day of on second and , 1988. final ATTEST: MAYOR City Clerk First Reading Second Reading ,- OlW. NO. 89-88 I; " I: II ii II I' I, I, , i: I, II II I' I i " II I, I. i,l II Ii I I: I , I I I I r: r Ii L ORDINANCE NO. 90-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULATIONS", CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION 162.020, IIPERMIT REQUIRED; APPROVAL PROCESS; EXCEPTIONS", SUBSECTIC:~ (B), SUB-SUBSECTION (1) OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUB-SUE-SUBSECTION (g) TO PERMIT A SIGN DENOTING THE HOURS OF BUSINESSES OPERATION AND SETTING A MAXIMl~1 SIZE FOR SUCH SIGN; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Title XV, "Building Regulations", Chapter 162, "Signs and Billboards", Section 162.020, "Permit Required; Approval Process; Exceptions", subsection (E), sub-subsection (1), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new sub-sub-subsection (g) to read as follows: (g) One flat wall sign per business not having a sign face of greater than one (1) square foot t.O be placed on or in close proximity to the business entrance denoting the hours of operation for that business. Section 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 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session reading on this the day of on second and final , 1988. ATTEST: MAYOR City Clerk First Reading Second Reading ;1'1 c:a ORDINJlJJCR NO. 91-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 173, "ZONING CODE", SECTION 173.001, "DEFINITIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING THE DEFINITION OF "FAMILY" AND ENACTING l\ NEW DEFINITION OF "FAMILY" TO ESTABLISH WHAT CONSTITUTES FANILY; ?"":':IDING A GENERAL REPEALER CLAUSE; PROVIDING .:; SAVING CLAUSE; PROVIDING AN EFFECTIVE D"TE. WHEREAS, the Ci ly .:commission of Florida, in and protecting the health safety of the City of Delray Beach, Florida, amends the and the Ci ty of Delray Beach, welfare of the citizens definition of family, " i! Ii I' I' ,. iI II WHEREAS, an amendment to the definition of family is necessary and proper for the best interest of the citizens and families of the City of Delray Beach, Florida. WHEREAS, an amendment of the definition of family will enhance living conditions in the neighborhoods of the City of Delray Beach, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 173, "Zoning Code", Section 173.001, "Definitions", sUbsection, "Family" of the Code of Ordinances of the City of Delray Beach, Florida is hereby repealed. Section 2. That Chapter 173, "Zoning Code", Section 173.001, "Definitions", of 1:he Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by enacting a new subsection, "family" to read as follows: "Family." One or more persons lineally related by blood, marriage, or adopt ion and in addition a family may include one other person who is related in some other manner by blood or marriage, or a group of not more than three adults who need not be related by blood or marriage living together as a single house- keeping unit in a dwelling. The fOllowing persons shall be con- sidered related for the purpose of this title: ii II II (1) A person(s) residing with a family for the purpose of adoption; (2) Not more than five persons under 19 years of age, residing in a foster home licensed or approved by the state of Florida; (3) Any person who is living with a family at the direction of a court. Persons impacted by the above definition may request that the City Commission waive the above definition on the basis that the definition causes an undue hardship on such persons. Section 3. That all ordinances or parts of ordinances which are in conflict herewith be and the same dre hereby repealed. Section 1. That should ordinance or any portion thereof, any section or provision of this any t:.aragraph, sentence or Word be Js # declared by a court of competent juriSdiction to be invalid such deci- sion shall not effect the validity of the remainder hereof as a whole part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session reading on this the day of on second and final , 1988. ATTEST: HAYOR City Clerk First Reading Second Reading I I L , " !I i )RD. NO. 91-88 .... ..:,... ......., - .c... ,..._" _. [ITY DF DE1RAY BEA[H CITY ATTORNEY'S OFFICE ;11.1 ';1 '.r-,I )-:1 i I ''i'') i i III I )\,\1 111\\11. II ORlll\ ).'-+:-:3 i <I " I! f ( (JI' I j I, -I! I ' -; ~ .~,~ MEMORANDUM Date: July 8, 1988 To: SUbject: City Commission ~ Jeffrey S. Kurtz, Assistant City Attorney ~~;I; Waiver of Purchasing Ordinance in Relatio( ~o the Installation of Air Stripping Units From: The Commission, at its June 14 and June 17 meetings, has approved the award of and engineering services contract to CH2M HILL for the design and supervision of construction of the air stripping units for the purpose of decontaminating the 20- Series wellfield. In addition, the Commission has selected the Water Treatment Plant as the location of the air stripping units and has expressed a desire that the construction be done in an expedited fashion. The necessity of moving in an expedi- tious fashion was established at those meetings; the primary reason for going forward in this manner was to lessen carbon costs which outweighed the benefits of competitive bidding through our normal processes. A target date for completion of this project was established for the end of October and beginning of November time period. In order to maintain that.time frame, it is necessary for the City to bypass its normal bidding procedures in the selection of a general contractor and acquisition of equipment. Normal turn around time from the completion of engineering design plans and specifications to award of contract for construction is 6 to 8 weeks, including a 3 to 4 week period following advertisements, during which bids may be submitted by various contractors. Obviously such a procedure will foreclose any opportunity to meet the anticipated project completion date and therefore pursuant to the Commission's direction given at the June 28, 1988 Commission meeting, the staff has advertised a hearing in regards to waiving our purchasing ordinances. That matter has been dUly advertised and is on the agenda for Commission's consideration at its July 12 meeting. The necessity to expedite the installation of the air stripping uni ts has been underscored in the last two weeks. It was originally anticipated that our first carbon change required do b City Commission July 8, 1988 Page 2 to breakthrou.gh of the PERC would be in or around September. of this year. Breakthrough refers to the situation wherein PERC shows up in the water that has been run through the carbon unit and is heading for the Water Treatment Plant. Unfortunately, the water coming through the carbon unit affixed to Well No. 24, has within the last 2 weeks, shown some leakage of Perc at the rate of approximately 10 parts per billion. The carbon u.nit and therefore Well No. 24 are not. currently oper'ating and pending discussions between CR2M HILL, the staff and Calgon Corporation a decision on whether to order new carbon will be made. Unfortunately, what this indicates is that our carbon cost may be increased significantly, .therefore, a permanent solution must be brought on line as soon as possible. The air stripping units which have a heavy front end cost are not expensive relative to the carbon systems to operate over the long term. CH2M Hill's concept developed following discussions with Bob Pontek, Ted Glas and the City Attorney's Office, to expedite construction of this project and keep us moving toward the anticipated completion date is to bid the construction work out to preapproved contractors, basing the bid upon estimates of materials required. It is necessary to work with estimates at this point in time since final design of the systems will not be completed until some time in August. This is similar in concept to the fast track approach the City took in bidding the East Atlantic Avenue Beautification Project. Certain items will be bid on a unit price systems and other others such as the prefabricated air stripping towers and large pumps will be bid based on an estimated ~rice with the competitive aspect of t.he bidding being based on the percentage of mark up that the contractors will charge. More detailed explanation of the concept and listing of the preapproved contractors is contained in the July 7, 1988 letter from CH2M HILL. It is hoped that the bidding documents will be sent out to the contractors by July 14, 1988 and that a contract between the City and the successful bidder will be placed on the Commission agenda for approval on July 26, 1988. In order to accomplish the fast track bidding and construction process, it is necessary for the Commission to waive the following ordinances: Chapter 26, "Finance; City Property Transactions". Section 36.01, "Compliance with Standard Practice Inst.ruction City Commission July 8, 1988 Page 3 Section 36.02, "Acquisition of Personal Property, Supplies of Contractual Services". Section 36.05, "Bidding. Procedures". Should any Commissioner have matter, please do not hesitate Tuesday night's meeting. any questions concerning this to contact our office prior to JSK:sh cc: Walter O. Barry, City Manager Robert Pontek, Director of Public Utilities Ted Glas, Purchasing Director Robert Wright, CH2M HILL . CFJ ___ Engineers --- Planners ~ Economists -- Scientists July 7, 1988 SEF24708.A4 Mr. Jeffrey S. Kurtz Assistant City Attorney City of De1ray Beach 310 S.E. 1st Street, Suite 4 De1ray Beach, Florida 33444 Dear Mr. Kurtz: Subject: Accelerated Design-Construct Approach to Construction of the Full-Scale Treatment System for the Contamination of the Twenty-Series Well Field The purpose of this letter is to provide supplemental infor- mation referred to in the letter to you from Bob Wright of July 6. We were pleased that our proposed approach of using the accelerated design-construct concept for the design and construction of the Twenty-Series Well Field contamination treatment system was approved by the City Commission. As discussed in our meetings with you, Bob Pontek and Ted Glass, we believe that this approach will offer advan- tages which will allow completion of the project in the most expeditious manner possible. ACCELERATED DESIGN-CONSTRUCT CONCEPT General Description The accelerated design-construct approach (sometimes referred to as a"fast-track" approach) is often used by industry when schedule for project completion is of the utmost importance. The concept offers the advantage of con- current design, equipment acquisition and construction. This approach offers schedule advantages over the conventional design-bid-construct by reducing the amount of time required for each of the separate activities, however, more interaction and controls will be required during the construction period. The basic elements of the concept are as described below. CH2M HILL Gainesville Office 7201 N.W.11th Place. P.O. Box 1647. Galnesvllla Florida 32602 904.377.2442 EasyLink 62508220 Telex 756070 , ~ Mr. Jet. ry S. Kurtz Page 2 July 7, 1988 SEF24l08.A4 Project Schedule and Cost Estimate The engineer will develop a schedule and estimate of con- struction cost for the project based upon the conceptual design documents. The schedule will be based upon the accelerated design-constrpct approach and will identify those activities which are on the critical path for the project. Those items will be scheduled in a manner to complete the project as quickly as possible. The project cost estimate will be refined as the work progresses and more specific information becomes available. An allowance of approximately 15 percent of the project construction cost will be included in the estimate to cover items to be defined during the construction period. Selection of General Contractor A general contractor will be selected on a cost competitive basis from a list of three pre-qualified contractors. Bids will be based upon the conceptual design documents for the project. The bid form will be structured to include assumed cost values for the major equipment items, man-hours for installation, start-up of that equipment and an allowance for undefined items. The bidder will insert his mark-up on the major equipment items and unit prices for each class of labor and major construction equipment required for the work. These values will be used with the assumed quantities in the bid form to provide extended totals for these items of work. The contractor will provide unit prices for other portions of the work such as piping, valves, earthwork, con- crete, etc. which will be used as the basis of payment for the work. Assumed quantities for each of the unit price items will be included in the bid form. The extended total for each of these items will be used to establish the total bid amount. The basis of selection of the general contractor will be on the lowest total bid amount for the project as represented by the quantities in the bid form. The actual amount to be paid for each portion of the project will be based upon actual measured quantities for unit price items plus the cost of the major equipment with contractor mark-up plus the other cost as defined in the proposal incorporated into the project. The quantities will be verified by the engineer prior to approval for payment. Mr. Jeffery S. Kurtz Page 3 July 7, 1988 SEF24108.A4 Procurement ~f Major Equipment The design will be executed and major equipment items will be ordered in accordance with the project schedule. The engineer will serve as th~ City's agent to obtain competi- tive price quotations from the various vendors and provide instructions to the general contractor for ordering the equipment. The contractor will be paid the cost of the equipment times the mark-up as provided in his bid proposal. Execution of the Work Construction activities will be conducted in accordance with the project schedule and observed by the engineer. The engineer will maintain a daily construction log for the project. The log will include a listing of the labor and materials incorporated into the work and will be used to verify the monthly payment request from the general contrac- tor. The engineer will assist the contractur in monitoring the status of equipment deliveries and will assist in expediting the deliveries as required. CONTRACTOR PRE-QUALIFICA~ION In order to establish a competitive situation in this design-construct approach, cost proposals will be requested from three pre-qualified general contractors. The following general contractors have been pre-qualified based upon their previous experience, bondability, financial position, and proven capabilities of completing similar work on an accelerated schedule. The list has been discussed with Bob Pontek and is acceptable to him. 1. Elkins Industrial Constructors, Inc. Att: James Wood, Project Manager 4501 Beverly Avenue P.O. Box 2396 Jacksonville, Florida 32201 (904) 384-6455 2. Indian River Industrial Constructors, Inc. Att: Jim Folds, Vice President P.o. Box 23086 Jacksonville, Florida 32241-3086 (904) 268-5583 ~ ., Mr. Je. dry S. Kurtz Page 4 July 7, 1988 SEF24108.A4 3. Mechanical & Chemical Equipment Company, Inc. Att: James E. Daniels, Vice President 1749 West Brancon Boulevard P.O. Drawe~' 789 Brandon, Florida 33511 (813) 689-1241 Copies of our standard Contractor Experience Questionnaire which has been prepared by each of the proposed contractors, is included as Attachment A for your information. SUMMARY Please review the concepts presented herein with your purchasing department and obtain any approvals for special procurement procedures that may be required from the Commission. As we discussed during the meeting at your office on Friday, July 1, any conflicts between this approach and the City's procedures need to be identified and resolved as soon as possible so that the project can move forward. Enclosed for your review and comment as Attachments Band C are copies of a typical daily construction log similar to that which would be used for the project to keep records on the work performed and our standard front-end documents that would be utilized for the project (with the appropriate mOdifications). P1eas'e advise us if you have any questions or need additional information. Sincerely, 'i~/iJ~, Ted L. Belser, P.E. Project Manager Enclosures t1/gnCR61/l00 xc: Herbert W. A. Thiele! City of De1ray Beach Walter O. Barry/ City of Delray Beach Robert S. Pontek! City of De1ray Beach Robert J. Wright/ CH2M HILL-DFB Gregory T. McIntyre/ CH2M HILL-DFB ",. - ATTt1:CHHENT A CONTRACTOR EXPERIENCE QUESTIONNAIRES ! ~' " ~ "- . SUBMITTED BY Elkins ~~nst~ucto~s, Inc. 450l_Beve~ly Avenue Jacksonville, FL , ----x;x C<>rporation Q Partner.chip o IndivlOllal SUBMIT TO CH2M HILL. Itlc. A TTN: Ted Be1se~, P-dh.... C:ONST~Vl;T'ON ~"'M"C.li>"'Il.NY C~,;lo\ll 32210 A. CONTRACTOR LICENse NUMBER:CG C0260~~TATE:--,; YEARS IN BUSINESS UNDER LICENSE NUMBeR'~ 8. CONTRACTOR speCIALTY: Gener-a1 Contr-act5'E. (Wate~ & Wastewate~) C. CONTRACTOR BONDING CAPACITY, $ 20,000,000 D, SURETY E. ~ANK Seaboa~d Su~ety Compan~ 9100 Pu~due Road lndianapolis~ IN 46268 FlAM NAME; First Union Bank Jacksonville, FL FIRM NAME; ADDRESS: ADDRESS: TelEPHONE 317 251 71-.cONTACT NUMPEII f) - WERSON Mary Downard Te,EPHONEFl04 632 7346cONTACT B'll V NUMBER - _ PE>lSON 1 oss F. CONTRACTOR REFERENCeS: Yq No YU 1. ARCHITeCT/eNGINeER Similar typo project t!J 0 Similar type projoct @ PROJECT' Lake city Exp. COST;.s 2, 020, OOOpROJeCT: ~hside W.W.T.P. COST: $1,800,,0< ~ ~~~e: Gee & Jenson ~~~E: Jacksonville Electric Autho~ity AODRESS: 4651 salisbui:y Road ADDRESS: 233 West Duval i+~'iE!ZIP JaCkson~le,. FL 32216 g~'iE!ZIP Jackosnville, FL 32201 ~~~E:~~NGI9041 73l-71Q<f~~sT~T Jo~ Mittauer ~~~':~IIoN'f,l041 633-4513 ~~::lt,JT Jim Lind 2., CWNER va NO' va Similar type project Ciil 0 Simlltr typo proj.c$ fi City Exp. COST, $ 2,02~O:QOPROJECT; ~tlantic Drydock COST: $ 500,,00( . .. ~,.- . FIRM At1 t' MiD Do k C1ty 0... L"""" Clty NAME: an 1C ar ne &. ry c Lake City" FL ADDRESS; P. o. Bo~ 138 CITY! t 1 '" '" STATE!ZIP Fot' George Is an",. "L PROJECT; Lake FIRM NAME: AOORESS,_. CITY! STATE/ZIP 32226 ~~~e:~RONEfl~1 752-203J.i~~I~CT Jack SChlucke.!>~e~~~"ii~~N7 90~ 25l-3ll~~~It~TSteve Ballard '- a. CONTRACTING YES NO 1. EXPERleNCEO WITH ~YPE OF FACILITY! . ...x.. _ 2. PI'lEVIOuSWORIC IN GEOGAAPHICAL AREAl ....x.._ 3. FAILED TO COMp,ETe WORK AWARDED! : _ *- 4, CURAe.NTL'V INVOLveD IN I..lil(iATlONI" __ __ 8. DOLLAR VOLUMe PRESENTLY UNDER 8 000 000 CONTRACT $', , e. peRCENT 0' WORK TO BE SUBCONTRACTeD _~ 7, T.YPE OF WORI!:.:f1f'~SPf~~NTAACTED' J:i.le~rlCQ.J. ~~!nr.1na B. YEARS 0' EXPERIENCE IN PROPOSED TYP!; . ...5.....Y.... 9. size OF WORK: AS GENERAL:' Up to 6 M.111lon ASSUBCONTRACTOR,S . Present reasonable Informetion p..rtaining to this ".sponse. H. METHODS "oj'MOUSE COM. PUTEII x - COM. PUTER SeRVICE M, U L PROJECT SeH EOUUNG 2. PROJECT COST CONTROL 3. >ROJECT eSTIMATING 4. MONTHLY BUDGET R"PORTlNG I. ATTACH cOPIes 1. fiNANCIAL STATEMENT 2. eALANC;S~.~.~ ~v , "J9)111T (/ -Vice Pt'esident TITI.,l:i: ~ -L.. --lL. -L.. - ! , / . ~ORj Lj.;;J'.I:/I'. '- SLiBMITT~D BY ndlan River Industrial Contractor~ ^- ...,'poratlon P.O. Box 23086 0 P.artnor<hl" l:l Indlvldull SUBMIT TO CH2M HILL. Inc. ATTNI T<:rl 8~li9~ CON.,."U~TIO'" ^Hl\o.MaN... _."v,eEl I J~rk.nnvit(",. "'Iorida 322'11 CCCA01276 A. CONTRACTOR LICENSE NUMBER: . 5TATE:.Ej; Vl!AAS IN BUSINESS UNDER LICENSE NUMBERI.l!!. B. ~ONTRACTQfl SPECIALTY: Watp,.. IWa.tewater II ndustrial C. ~ONTRACTOR BONDING CI!lPAClTY: $10,nnO nno..' O. SURETY E.~ Surety Associates FIRM NAME: ADDRESS: Sun Bank of North Florida 'IRM NAME: ADDRESS, - n~3 St. Johns Ave. Jacksonville. F'L 3220q TELEPHONE CONTAOT NUMDER 1110" 388-500JiERSON Tom Lobrano TELEPHON!, og"" NUMBER ~ P.O. Box 2340 Jacksonville, FL 32203 396- 578~~~lt~Wayne Edwards '- F. CONTRAgTOR REFeRENCES: ya NO , . ARCHITECT/C;NGINEER Simll" type project IX t:l PROJECT: City of West Melbour8t/$T:!&l0. 000 FIRM NAMe, CH2M Hill Engineers ADDRESS: P.O. Box 16q7 ~~WE/ZIP Gainesville, FL 32602 TlLEPHONE'901L 371_2Qq-cONTACTT Belser NUMBER L.::::::.J "PERSON' Yd . Slmlllr type prol,at 129 [ PROJECT: Water Plant Addition COST,~. 000. 001 'IRM . NAME, Q. L. Hamato" & ASSOCiates ADDRESlI'P,O. Drawer 247 i~WE/Z'P Port Orange, Florida 32029 TELEPHON~90~ 761-681 OCONTACT R Fernandez NUMBER PERSON . IIODRISS: no E. Bay Street CITYI .' STAff/ZIP JacksonVille. Florida 32202 ADDRISS: CITYI STATEIZI' Slmlllr lypt proloat W. : Sludge Facility COST: ,1.000,00 City of Ormond Beach Citv Hall Ormond Beach. Florida 3207Q 2, ONNERSouthwes Wast~W1l~~~p""OI'ct ~ Cl' PROJECT,Treatment ~Iant COST: , 5,000, OOtpROJECT, FIRM '1RM NAME: C:it)l of la"k<<nnvillp NAME' -rELEPI10NEaOQ 1630-1200CONTACT BlII Hay NUM8ER ! PERSON TELEPHONE90" 671_031~ONTACT Dick Wolfe NUMBER ( 1 PERSON ""-, ,G. Q9NTRACIlN~ YEI NO H.METHODS 1, IX' Ell I ENCf5 WITH TVPE 0' PIICILITY7 . X . 2. PREVIOUS WORK IN ceOClRAPHICAL AREA7 ':i: = 1. PROJ&CT SCHEDULING 3. FAILED TO COMPLETE WORK AWARDED7 . _ oX- 2, PROJECT COST OONTROL 4. CuRRENTLV INVOLVEO IN LITIGATION' . _ -x- 3. PROJECT ESTIMATING 6. gg~~~crTOLUMEPRESENTLYUNDEII .icooo,ooo+ 4. ~~tJJ~T1~~UD(1ET e. PERCENT OF WOllK TO BE IUeCONTI'IACTED' ;..-~ '. TVPIOFWORKTDnetJSCONTRACT601 IN.liOU&E COM. COM. pun" M PUT'" .ERVICI L -+- - -- '-A- _ x I. ATTACH COPIES 1. FINANCIAL' TEMENT 8. VEARS OF EXPERIENCIIN P"OPOSID TYPE; J.:L.y.I1. 2, BALANCE HEET 8. SIZE 0' WORK; AS GENERAL'S ,-'10.000,000 AS SIJBCONTRACTOR: I resident .. ft.,........." ..........,,'/'\fthle inform~tlon pertaining to thl. relpOnset. TITL._ '0 ~ ,~~BMIT1le2hanical & Chemical P.O. Drawer 789 Brandon, FL 33511 (813) 689-1241 Equipment Co., Inc. 23XCorporation CJ Partnerl'hip CJ Individual SUBMIT TO CH2M HILL. Ino. Ted Belser Oe~Hl'''Ue'T'ION ~;'NAGIIi"'U"'r ftEAVICI ATTN, A: CONTRACTOR LICENSl! NUMBER~GCOOlI 7?STATE:!!:;YEARS IN BUSINeSS UNDER LICENSE NUMDeR;~ General Contractor. Mechanical B. CONTRACTOR SPECIAL!X: C. CONTRACTOR BONDING CAPACITY: $ C. SURETY 6,0'00,000.00 E.~ FIRM NAME;: Reliance' Insurance Co. Philadelphia,. PA FIRM NAME: Barnett Bank of Brandon P.O. Box 1387 Brandon, FL 33511 ~0lJ:~r?N'1 40fl 628-44~~ltr;1ark Whitehead. d~W~F.oNe~ 685-294 ~~~;t~T AOOR!SS: - AOORESS, F. CONTRACTOR REFERENCES: vp No 1. ARCHITECT/ENGINeeR Similar type project ID 0 PI\OJECT: Sydney Mine ,-cOST, s 150,000. <\IAOJ'CT: ~~~~, CH2M Hill . ~~~E: ~ Port Ma.];:Ihrll" vq Ne Similar type project !J 0 COST: $ 2.000 00 ADOResS: 3030 N. RockV' Potnt Dr., West CITY/ STATE/ZIP Tampl/.-<-f.L 33607-5.~0.3. TELEPHONE CONT4CT NUMSER 81 ~ I RRR-6777PERSON Sh,.,. n..hn CH2M Hill ADDREst: 7201 N.W. 11th Place CITY/ . STATE/ZIP Gainesville. FL 32602 TELEPHONIi CONTACT NUMB Ell 11041 ~77-244~ PERSON T..rl RQlc:::~,.. y,," M 2. ONNE%outh Central Hdiml~~ee&'HOjeot CJ ~ PROJeCT'Reiio~1 We~ield COST. s. 5.000'~J~eT: FfRM West oast egional Water FIRM NAME: SUDolv Authoritv NAME: ;. AOORESS:2535 Landmark Drive CITYI STATE/zlpC1earwater. FL 34621 Y!S~ Similar typa projeCT CJ 'U Sumter Correctional COST: S 350.000.0 State of Florida ADOR &5S: CITY/ STATEnlP Bushnell. FL ~~~E:~ONEp3) 796-2355~~~lo",.,CT Bill Moscinski ~~~e:~,pN~13J 873-3666 ;~~:t/f Ned Knudsen a. tONTRACTINa . 'l':ES NO H. METHODS I. EXPERIENCED WITH TYpe OF FACILlTv1 X .-- ~. PREVIOUS WORK IN GEOGRAPHICAL AREA1. "_ _" T I. PROJECT SCHeDULING 3. FAIUO TO COMPLeTE WORK AWARoeD1 ~ 2. PROJECT COST CONTROL 4, CURRENTLY INVOLveD IN LITIOATION1 _ _ 3. PROJECT ESTIM,o\T1NG 5. DOLLA'" VOLUME PRESENTLV UNOII'! 5.JHL 01nOOO 4. MONTHLY bUOGET CONTRACT s~"""-"-'- ReFolITING e. FERCENT OF WORK TO BE SU8CONTIIACTEO _" I A TTACH COPI~Q 7. TVPE OF WOllK TO 8E SU8CONTRACTeD: '_ _ _ ___ MOO I, FI"IA"ICIA~LSTATEMI~NT u2 8. YEAR~ OF EXPERIE"ICI IN P"O"DSliD TYPR ~.... 2. BALANC' IT '.' /_ P. SIZE DF WORK, AS GeN.rlAL:' ~.b{..O AS SIJ8CON"rAACTORl t .,0H"t!YJU: . .r...", '."on'bl. ,nform,"on oo"';n'~,,, .", '"..~_.. J"m..~ .";. J'p_n';f'lor'Y~_"'_ ,P~..,~;,,__. 'N.HOUSE COM. P~TE~ ~ COM. PUTER SERVIC' 1014"1- VAL ~ ';--- - --'L- , [Iry DF DELAAY BEA[H - -' ,c.' . - _ ~ - "" ~),..:. , ~Ll ." ~ '.) MEMORANDUM 1\ 1/ /'f< (~L- a-tf TO: Walter O. Barry, City Manager Robert A. Barcinski, Assistant City Manager ~ Management Services FROM: SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JULY 12, 1988 - WAIVER OF ORDINANCES AND APPROVAL REOUEST - SUNRISE KIWANIS BEACH FESTIVAL DATE: June 30, 1988 It~m B~fore Commission: City Commission is requested to, (1) conduct a public hearing and waive Ordinances 101.25(B), Sale or Rental of Goods or Services on Municipal Beach and Ordinance 101.32 "Assemblies" and (2) to approve the Sunrise Kiwanis request to hold a Beach Festival on July 30, 1988. The public hearing has been advertised pursuant to the Code of Ordi- nances, Chapter 30, Section 30.15. Back<jlround: A request has been received from Mr. Charles Koval, requesting permis- sion for the Sunrise Kiwanis Club to hold their Beach Festival on the municipal beach on July 30, 1988, between 8:30 a.m. and 6:30 p.m. Events to be held are a kite flying contest, sand art contest, trea- sure hunt and volleyball. Activities will be conducted on the beach approximately between the north 1 tower and the south 2 tower. The purpose of the festival is to provide families with a Saturday of activities prior to the return to school. As in the past, alcoholic beverage sales will be conducted on the Holiday Inn property. Food sales and non-alcoholic beverages will be sold by the Club on the beach property. A required permit application, proof of insurance, a map and a copy of Mr. Koval's letter are attached. Recomm~ndation: Staff recommends the waiver of pertinent ordinances and the granting of permission to the Sunrise Kiwanis Club to conduct the Beach Festi- val on July 30, 1988 RAB:sk attachment ''',T A " MATTERS 1 DELRAY BEACH PARKS AND RECREATION DEPARTMENT SPECIFIC USE PERMIT Organization: DELRAY BEACH SUNRISE KIWANIS Addre:;:;: P.O. Box 1963 Delray Beach, Florida 33444 Repre:;entative & Title: Charles B. Koval, Beach Festival Director Telephone Number: (407) 278-9400 Park Location: BEACH, Intersection of Atlantic Avenue and AlA Date (:;) of Permit: July 30, 1988 De:;cription of Activity: Annual Beach Festival, including 6 person and 2 person/ team matches; d t san ar contest; kite flying exhibition; treasure hunt, Possible remote radio broadcast. The following arrangement~, activitie~ or condition~ have been approved and agreed upon: The rule:; and regulation:; regarding the Delray Beach Park:; and Recreation Department- policy mu:;t be complied with. A:; the permit holder I under:;tand that I am re:;pon- :;ible for the action:; of the group and that thi:; permit may be revoked at any time for noncompliance with park rules, regulations, ordinances. Insurance Requirements Comprehen:;ive General Liability Policy Special Event:; Policy In:;urance Certificate Limits $ // C100, CO (J. ()-() $ Permittee :;hall indemnify, defend and hold harmle:;:;, the City, it~ officer:;, agents, and employees from and against all claims, suits, actions, damages, liabilities, expenditures, or causes of action of any kind arising out of or occurring during the activitie:; of permittee. and re:;ulting or accruing from any negligent act, omission or error of permittee, resulting 1n a relating to injuries to body, limb or property :;u:;tained in, about or upon the permitted premi:;e:; or improvement thereto, or arising from the use of the premises. --:?r-- /"1 / f' If / DATE ~4'~ SIGNATURE & TITLE OF AUTHORIZED REPRESENTATIVE g~ /'-rth-'a,/ ,j~ APPROVAL: DIRECTOR, PARKS AND RECREATION DEPARTMENT ~ ~ ~~ ~~ ~~~ ,! ~ :;1 h- - ~ 2: ~ ~ ~ ~ Ii ~ ~ ".J~~ ~3$ ..:;z Ll.. <<: y ~~ ,.. ~ \! ~ ~ (; ~ ~ o ~ \-8 "-- " J \t)N /I , f-~- " Ie ~ t3 ~1 \}' q - ct '\\ ~" ~ ~ 3 ~ t@ I I I I I I I t ~ i~ ~O~i-ro"l.s I~i~ll -I--r- HoLlc>Ai/ IN,.,,) -, ~~ CERTIFI -'". ~.. :-:;""', --:-........- :'-.- . .-,'--":.' .--..;:.,~:~.:....;.,;-:: .:::.......:i,::":..n TE qF INS"~N~E. :;~:':~~:...:<~~,:,~: -- .- PRODUCER Donchin-Hecht & CO. 175 W. Jackson Blvd. Chicago, IL 60604 THIS CERTIFICATE IS ISSUED AS A MA HER OF INFORM A liON ONL Y AND CONFER:" NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVEFlAGE AFFORCED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE 312/922-2694 COMPANY A LETTER Royal Insurance Company COMPANY B lETTER INSUREO Kiwanis International, all Clubs and their Members, Insured Local Club COMPANY C LETTER Address COMPANY D LETTER COMPANY E LETTER THIS IS TO CERTIFY 1HA T POLICIES OF INSURANCE LISTED BEL.Ow HAVE BEEN ISSUEO TO THE INSURED NAMED ABOVE FDA THE POLICY PER rOD tNDICA TED. NQTWrTHST ANDING ANY REaUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CEATIFICA TE MA V BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS. ANO CONDI. TIONS OF SUCH POLICIES. TYPE OF INSURANCE ClOUCV NUMBER "O,(':"'fCh[ c~.~ .1,'" ')0 ....... ~o_r, ~~~.;:j,,:,.(", ;').:.~; ,!.,t.' oc. ',\ ALL L:MITS IN THOUSANDS '. :0 TO GENERAL LIABILITY X COMMERCIAL GE~IEAAl LIABILiTY A ':..l,'\'5 '.':'0: [R]rx:,:,'Il=:"C!' O'::\E~ S & CO';~~:'COAS pqO.:C~",f PTG 3.4 88 11 ',[=.l.. ~~G;l:G':'T[ S -- - :.~ j~:.~':> ':,11.';1 !~"j 4GG>lEG':" ~ $ 10-01-87 10-01-88 ';;SC'""","',.'.' ....', $ :.:.:.. ::>':C~q~E'jCE $ : =1 J.w~G;: .,.~,. '}'.~ ;'IlE, $ '.':;:IC.I,. :xOlr\SE 1.\';_ O~.f ~~:SO'., $ Broad Form Endt AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS A SCHEDULED AUTOS X HIRED AUTOS X NON OWNED 'UTOS GARAGE lIABllIT'( rs~ $1,000 PTG 34 88 11 10-01-87 10-01-88 500!~~ ''oJUllY PElIl'EIlSONl $ 8COI~ y 'oJUIlI' :C~~oEtm $ ~:l.OPEAr.,. )ll.llGE $ EXCESS LIABILITY EAC.. OCCUJl~e..ce ACG~ECAtE OTHER THM, UMBRELLA FOAM $ $ WORKERS' COMPENSATION AND EMPLOYERS LIABILITY ScA.TUTOAv OTHER $ S $ , ~ .:..;:.. :.CC'OP..: I i)~, ,:.,,~ ;>". rCI' .,.... [' ~; ':'5: f.( - : '.'P, .::y~ ~, L. insureds arising out of Kiwanis s~onsored granting use of premises or faci11ties to as regards their liability arising out of IFlCATE HOLDER. CANCELLATION , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL.LEO BEFORE THE EX PI RATION DATE THEREOF. THE ISSUING COMPANY WILL HIDEAVQR TO MAil 10 CAYS WRITTEN NOTICE TO THE CERTIFICATE HQLDEFI NAMED ~o THE l.EFl. BUT FAIl.URE TO MAIL SUCH NOTICE SHALL IMPose NO OBLIGATION OR lIA.,LITY OF ANY KINO UPOrCllMPANY. ITS AGENTS OR REPRESENTATIVES A,I.J':""ORIZED qEPRESE~jTATI'"E Edward M. Hecht ;f......, .....:... T... ..~. .'ll, ..~ l CITY DF DElRAY BEACH 100 N W 1st AVENUE DELAAY BEACH, FLORIDA 33444 305/243.7000 , May 17, 1988 Charles B. Koval 551 S.E. 8th Street, Suite 101 De1ray Beach, Florida 33444 Dear Mr. Koval: I received your letter regarding the De1ray Beach Sunrise Kiwanis Beach Festival scheduled for July 30, 1988. I have asked Bob Barcinski, Assistant City Manager, to develop a permit agreement for conduct of the event. In conjunction with development of the permit agreement Mr. Barcinski will set up a meeting between you and representatives of the POlice, Fire, Parks and Recreation and Streets Department. By copy of this letter I am informing the City Attorney's Office and the Risk Management Staff of the event. Mr. Barcinski will coordinate those contacts for you. If you have any specific questions or suggestions please contact Bob Barcinski. Sincerely yours, /?7&ti &) JL;ER O. BARRY City Manager WOB:cl C1f' cc: Bob Barcinski, Asst. City Manager City Attorney Department Heads THE EFFORT ALWAYS MATTERS . COU"SE~ WI~UA'-l'" FOSTER L,o.RAT e "'~ElCANOEIIl O"''''E~ '-l. e"'CMI GEOAGE.. e...ILET I(Evl", C eEUTTEN'-lULlER '-l1"'OT III e~U"'ENT"AL J"MESIIl COl.E '-l....clO...clET L COOPER STEvE" ElliSON AL"NC ESPY L '-l""HlNFLANAO"'N .."TW....clOO a...y T""OOEUS 0 .....AT"'ANN SCOTT a .....WKINS NE'~ J ......YES THO.cl,.TON", MENIIlV PETEFl S HOLTON '-l"'.clKB I\~EI"'Fno CM".cl~ES e I(OV"~ '-lJC......E~ T 1(.cl"'Nl OI"""lEwIS JO"" B '-l".cltON IV JO..... BL"'.cl '-l(C.cl"CItEN DAN'ElC ~ET"E TlMOTMV E MON"'a..A'" J""'ES '" "'UNSEV T FlENEE l,lUSSETTEIIl WIUI",l,l... "O.clTON .clICM".clO J O~ACI( B.clUCE'" RAMSh "NDREWFl ROSS STEVEN J .clOT..""..... PETE.cl" s...c..s SUS"'''' "" SEIGLE .clOSERT l SELlAIIlS CAROL J STEPHENSO'" JOEL T. STIIl"'WN SID"'Ev A STUBes, J.cl GEOFlGE P SUP.cl"N "'LLEN III TOl,llINSON JOHN S T""l,lPER ""IC"AE~ P W"LSH ~ONT"'.cl W"IIlI'lE" C C"'lVI... WA.clRINEI'lIlI TIMOTH'" L W....leN WI~ll"M S WIL~IA"'S ""UL C WO~FE JONES & FOSTER, P.A. ATTORNEYS ANO COUNSELORS 551 SE. 8lh STREET SU1TE 101 DELRAY BEACH. FL 33444 (305) 278.9400 OTHER LOC...TI()N RECEIVED MAY 1 ? 1988 ~C$ S Fl..Aa~E.cl Olll,ve po Olll"WER E WEST P"'LM BeAC'" FL JJ.C'JH~ CITy MANAGER'S OfFICE May 16, 1988 Mr. Walter Barry, City Manager City of De1ray Beach 100 N.W. 1st Avenue De1ray Beach, Florida 33441 Re: Beach restiva1/Ju1y 30, 1988 Dear Mr. Barry: I am writing to you as the Chairman of the 1988 Delray Beach Sunrise Kiwanis Beach Festival Committee. The restival is scheduled for July 30, 1988. Although I am relatively new to the area, I have been told that the Festival has been a part of summers in Delray Beach for at least the past 10 years. The purpose of this letter is to inform you of our plans for the Beach Festival and to find our what, if any further, information the City requires from the Sunrise Kiwanis Club in order to assure'the smooth operation of this event. I have already been in contact with Mr. Joe Dragon of the City Parks and Recreation Department. He in turn put me in contact with Rich Connell who is the Beach Supervisor. Both gentlemen have informed me they have no problems with hOlding the event on the proposed date, but they suggested I inform the City of the planned activities. As in to provide to enjoy Persons of past years, the purpose of the Beach Festival has been families with a final Saturday togetner at the beach each other's company before returning to school. all ages have the opportunity to participate in kite ~ ~~1 ( 1l~I1JJ- ~ ~ \ \b I ~J I' \\J \ ~r-1 ~W' . Mr. Walter Darry May 16, 1988 Page 2 flying contests, sand art contests, and a treasure hunt. In addition, we have in the past and again this year plan to hold beach games which benefit the Muscular Dystrophy I\ssociation. Those games consist of competition between teams of 6 members in events including a swim fin race (held on the beach), a tug of wa r, a beach warrior s relay (short swim in to the ocean around a marker; medium size cooler partially filled with water carried down the beach; paddle board race into the ocean; paddle boat race into the ocean), frisbee relays, and volleyball. Each team pays a registration fee of $80.00, the proceeds of which benefits Muscular Dystrophy I\ssociation. 1\11 of these events were designed by Rich Connel1. 1\1though my only experience was in attending last year's Beach ~estival it seemed like everyone had a great deal of fun. This year I based on reports from the teams participating in last year's events, we intend to limit the number of events and emphasize the volleyball portion of the games. In that regard, I would like to request the ability to expand the present volleyball facilities located on the beach at the intersection of I\tlantic I\venue and 1\11\ to include a 4th VOlleyball court. My discussions with Rich Connell indicate there is ample space to accommodate a 4th court without joepardizing the other use of the beach. The use of the 4th court during the Beach Festival might also give the City the opportunity to view the possibility of making that court a permanent addition to the current facilities. My personal exper ience and discussions with Rich Connell indicate that the current 3 courts are heavily used as would be a 4th court. The Beach ~estival will be co-Sponsored by Lite Beer, as in past years. We certainly will observe all City and State ordinances applicable to that sponsorship. All beer sales Occur on the Camino Real Holiday Inn Premises. We also anticipate the participation of a local radio station to provide music and possibly a live remote broadcast from the Beach Festival. Again, this is consistent with past festivals and to the best of my knowledge there have been no complaints or problems regarding either of these aspects of the festivities. Again, I would like to emphasize that the purpose of the Beach Festival is to provide a day at the beach for entire families to enjoy. Soft drinks and food are available and prizes are presented to the competing teams at the HOliday Inn at the end of the day. My intent is to provide Ii wide range of . Mr. Walter Barry May 16, 1988 Page 3 activities for all age groups in a format that emphasizes safe enjoyment of the beach. I would appreciate it if you would let me know which departments in the City I should contact in order to address any concerns the City might have regarding the Beach Festival. Thank you very much for your time and consideration. C4"'ZJ Charles B. Koval cc: Mr. Joe Dragon I . ORDINANCE NO. 60~88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30. "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORI- DA, BY AMENDING SECTION 3()-21, "CONDITIONAL Uf,ES", SUBSECTION (E), "CONDITIONAL USE APPROVAL TIME LIMITATION", BY REPEALING SUBPARAGRAPH (1) IN ITS ENTIRETY AND ENACTING A NEW SUBPARAGRAPH (1) RELAtIVE TO THE ESTABLISHMENT OF AN AUTOMATIC TIME LIMITATION ON THE APPROVAL OF A CONDITIONAL USE, AND PROVIDING FOR THE CRITERIA UNDER WHICH A CONDITIONAL USE SHALL BE DEEMED ESTABLISHED; BY FURTHER AMENDING SUBSECTION (E), "CONDITIONAL USE APPROVAL TIME LIMITATION", BY AMENDING SUBPARAGRAPH (2)(c)12) BY ADDING A PROVISION THAT AS A PART OF THE REVIEW AND APPROVAL PROCESS, A CONDITIONAL USE REQUEST SHALL BE ASSESSED WITH REGARD TO THE THEN CURRENT DEVELOPMENT REGULATIONS OF THE CITY AND SHALL COMPLY WITH SUCH CURRENT REQUIREMENTS; BY FURTHER AMENDING SfTBSECTION (E), "COND [TIONAL fTSE APPROVAL - TIME LIMITATION". BY ENACTING A NEW SUBPARA- c~RAPH (el) TO PROVIDE FOR AN EXPIRATION DATF (iN CONDI~ TIUNAL l1;='FP, HAVING BEEN APPROVFTJ WTTHoiJT A TIl1F f.H1TTA- TION, l1Nf.FP,S A REOUEP,T FliP EXn:nS TON 1:", PROFFf,LY P,l1BI1ITTED TO THE PLANNING IlITiECTmi; BY AMENTiINt~ :='FCTInN :j 0- ?:::, ":3ITE AND DEVELOPMENT PLAN APP8uV AL", :~UB:3ECT ION (E), "SITE AND DEVELOPMENT PLAN APPRuVAL - TIME LIMITA- TION", BY REPEALINlj SUBPARAGRAPH (1) IN 11'3 EN'J'IRETY AND ENACTING A NEW P,UBPARAGRAPH (J) RELATIVF T<J THE FP,TAF:l.,ISHtfFNT OF AN AUTOMATIC THm [,IMITATION ON THF APPROV AL (IF A SITE AND DEVELI :PMENT PLAN, AND PROV I DINI~ FOR THE CR ITER IA UNDER WH IGH A 3 ITF AND DEVELOPMENT PLAN SHALL BE DEEMED ESTABLISHED: BY FURTHER AMENDING SUB:=.ECT ION (E), "S ITE AND DEVELUPMENT f'LAN APPROVAL TIME LIMITATION", BY AMENDING 2,UBPARAGRAPH (::'.)(0)(21 BY ADDING A PROVISION THAT AS A PART OF THE REVIEW AND APPROVAL PROCESS, A SITE AND DEVELOPMF:NT PLAN REOUEST SHALL BE ASSESSED WITH REGARD TO THE THEN CURRENT DEVELOPMENT REGULATIONS OF THE CITY AND SHALL COMPLY WITH SUCH CURRENT REQUIREMENTS; BY FURTHER AMENDING SUBSECTION (E), "SITE AND DEVELOPMENT PLAN APPROVAL TIME LIMITATION", BY ENACTING A NEW 3UBPARAGRAPH (3) TO PROVIDE FOR AN EXPIRATION DATE (iN SITE AND. DEVELOPMENT PLANS HAVING BEEN APPFiOVED WITHOUT A TIME LIMITATION, UNLESS A REQUE8T FOR EXTENSION IS PROPERLY SUBMITTED TO THE PLANNING DIRECTOR; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY C~UNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS; 3.-e~t.is:?.n.mL._.. That, Chapt~r 30. "z.nn~_ng". 2,~(~t,ion 30-?1, "Cond i t.l Clnal Uf$~S". Subsec:t,ion (E). "C:ond i t. tona 1 OS~ Apprnv.;:d Time ['i.mi t.at.ion", ~='llbp!'\ragraph (1), of t.he CodA of Ordinances ,~,f t.he Cit.y of Delr!'\y Beach. Florida. be, and t.h", same if', hereby repealed in it,s ent.iret,y, Imd a ne." ~c',ect.ion 3()-21. "Condit.ional Uses", 2,llbsAct.ion (E), "Cond i t. ional iIf;'" Approva I .. T i TnA [dmi t.a- t.ion", :",ubparagraph (1), be, and t.he, same, 5. s bprp by e,nact.ed t.n read as follows: (1) Upon approval. or approval subje~t to ~onrli~ion8. by the City Commisston. the (~ondj~ional l)Se ShAll he, valid for a period nf e,i~btAen (18) mont.hs during whioh t,iOle t,h~ cnndit,1.(Jrl,31 qE',~ mu;;;~t h~ e.o,t.abli2,h",d. Not.wit,hstClndino? t.he. abovA, t.he, C5t.y Commis~inn may estRblish a diffArsllt. t.im~ Jimit,a- tion if it deems su~h an action appropriate. tP A conditional use shall be deemed established when ei ther: (a) a Certificat.e of OCCUPi',"cy is issued for t,he \lSe of property pl~rBl1ar'~ to ~he conrt!tional use approval; or. (b) at, le.3st f:;event,y-fiv~ percent. (75<;(,) of the t,0t,al C0st. of aU. public impr0vememts (wat.er mains and appurtenanC":Af',. hydrant,s. sp.wer mains and appurtenances. rlraj.nage d~viceg. and s~reetsl associated with the approval have been installed and the pr0jec~ continues to be diligent,ly pursued t,o it.s c0mpleti.on. S-ec..tiou_.__ 2...__ Tha t Chapter 30. " Zoni ng" . Sect. :inn 3 0-21, "Condit.ional Uses". Sl.lbsect.icln (E), "Condit.i0nal Use Approval Time Limitation", :3ubparagraph (2)(c)(?l. of the Code of Ordi- nances of the City of Delray Beach, Florida. be. and the same is hereby amended to read as follows: (21 When The Land Has Not Been Substantially Physical- ly Improved Or The App] I (,ant. Has Not. Met. The Standards In (1) Above. The appUcat,ion shal] be evaluated in accordance with the criteria set forth in Section 30-21(D\ which relates to an original application for conditional use approval. If an application is to he analvsed under this subsection. t.he Pl~nning DtrActor m~y regl]1r~ the s11bmission of such arl(jitio11Rl Allli C1Jrrent informa- tion as he may deem approprtate to Avall1at,p the application. The addttionHl anrl ~ilrrent, informa- tion reqllested sh~l] he of the ~RmA typ~ as i~ required undAr Section :iO--~-:l tlYr' o9n nrigirra.1 conditional uSe application M _!L.P-!Ut.J~L.th"L~s~t';-J"__"w<:l. _.'3,pPt,'C>Y,,, L];>rJ2.c:~,S.f~L_. the. QQ1l.d.i.:tJ..illlIiLJ..l,5.f.'--_. r.e.9.\le:"!,___,:,,JlcdJ . he,.. _..a,~,,~, ~",p,ed J, i tJl re..a rd tr.!.... th~tlliill.....QIJcr.'.mJ,dey<: ID,p1D.tmt_..T:f'dllLl.a.!:JDJJ.s. Q..f.. t. he uC.i..tY_'_u_i.rmludins.._b1l t..Jl<:,.1;'--...li.rn5.!.ec! __ 1,,:}.;_ s u bd i Y.i.~jS)-IL......-..r~lat.iQllS..._ __~m;;p le~n.taL__u <<".ILing. r.~gyla t, i 011:L......s..ign.....Q.0iJe~.....ll'nd ~.c.api.ng....!.jQde .... .l1J.J3.t.o..r.i.c p..rese rva t i on ._t:.e.9.n i reme.n.t.;;.~..... .CQ.rrWN.ui.!,Y...__.a.Pp",,,aranrJ.:. QQ[le. ut,j l;l tv ~tandJl..aIf;..__amLirL.. lif.:.\Lanri_..t.roP{l'c.t< fees; --<.\..n.d..u.:>.h.al.L..Q.Q.UlP..lY.....Ritb. ~1J.Qb_. .Qw:J'J:ml._. r"'_Q..\..l.iJ::,e.:::. ment,?. flection :1. That Chapt.er 30, "Zoning". f''''Jt.ion 30-21. "Condition"l Uses". Subsect,ion (E). "(:ondi.t,ional Use Approval Time Limitation". of t.he Code of Ordini'lnces of the Cit,y of Delray Beach. Florida. be. and the Si'lme is hereby amended by adding a new Subparagraph (3) to read as follows: (3) Tn the event. that, a cond it, i ona 1 use has been approved without i'l time, limiti'ltjon impoRed upon it., ~,aid 0.ondit.ionF.l.1 use ;:.;h~JJ Axpire on .JIJne 1. 19R9. unless a request for extension is properly submi tt~ed t.o t.he Pli'lnning Di reet,or. pllrsllant. to t,he provL~o:ions nf Sllbsect,icln (E') (2). ,;hnve. Tn t,he event, t.hFit a reql]~f-;t, tor Axt,2n.sion is prapp.rly sllbmit,t,p.d. sai.d requARt shp:\! 1 he Dr()c~p.;:)sed PllrSll- B 'I') t, t.o :-31lhf::ect.i.on (EO'l i? l '-tnd ,q<...t_lcln T.akerl "'ppr(J- priat,ely. - 2 - Ord. No. 60-88 f',"'''t,iQ1LA"-. Th~t. Ch~pt."'r 30, "Zoning". SI"ct.i6n 31i-2~:. "SIt.I" and Development. Plan Approval". SubsectIon (E). "Site and Devel- opment Plan Approv~l - Time LImi tat.ion", Subp!\ragraph (1). of the Code of Ordinances of t.he City of Delr!\y Beach, FlorIda. be. and the s~me is hereby repealed in its entiret.y, and a new Section :30-22, "3i te and Development, Plan Approva 1", Subsect.ion (E), "Site and Dev",lopment, Plan Approvl'd - Ti.m'" ['i.mit!\t, ion" , Subpara- graph (1), b",. and t.he same is hereby "'n~ct.ed to r",ad as follows: (1) Opol) approval, or ~ppr()Va J ~,1]b.iAC~t. t.n cnnd.l t,tons, by the City Cnmmj.ssi.on. ~h~ sit~ And development. plan shall be valid for a perind of eighteen (18) mont.hs during whl0.h tirn~ t,he .<:.~it,p' .::ind dev8L(Jpm~rlt, plan must. hA Astahli.~'.hed. Not.wit,h.c;tf:lnding t,he above. the City Commissiofl mAY pstAhlist) a (jiffe~- Ant time limi~tation if it deero~ such 3D Bcti.on apprc>pri",te, A site and d",v"'lopment pl~n shall est.~blished wh"'n e~it.h"'r; bp. dp.ernp.n fa) ~ C"'rt.ific~te of use of property deve lopment. plan 00.CUPAnov is iSS1Jed for plJrS1J~n~ to the Rite approv:=:l 1; or. the and (b) at least seventy-five percent (75%) of the total cost of all public improvements (wat.er mains and ",ppurtenances. hydrant.s. sewer mains and appurt.enances, dr",inage devices, !\nd street.s) associ!\ted wit.h t.he approv!\l have been inst.alled 8nd t.he project. cont.inues to be di] igent..ly pllrslJed t.o i t.s "c>mplet,ion. :O;"''''l".ion 5._ That. Chapt.Ar :iO. "Zoning". :3ect.ion 30-22. "Sit,e !\nd Development Plan Approval", Sllb,""ect,jon I~;). ":3it,e i'<nd Devel- opment Plan Approval - Time L,imit.i'<t.ion", SlJbpar!\grRPh (2) (c) (2), of the Code of Ordin!\n"es of t.he City of UA.lray Reach, ~lorid!\. be, and t.he same is hereby Rmended to reRd a~: follows: (2) When The Land Has Not Been SlJbst,nnt.ialJy Phy~:ical- 1y Improved Or The AppliCAnt Has Not Met. The St.!\ndards In (1) Above, The appl ication shelll bA evaluated in accord!\nce with t.he (',..i t.eri,~ set. fort.h in Sect.ion 30-22(D) which relnt.es to "In original appli('8t.ion for site 8nd devALopment. plan approval, If an applicat.ion is t.o be 8nalY~ed under t.his subsect.ion, t.hA Planning Dire"t.or may require the submission of such addit.ional 8nd current information A~ he may d~~m appropriate to evaluat.e t.he applicat.ion. The additional 8nd current informat.ion requ"'st.ed sha! I be of t.he e,ame type as is required under Section 30-22 fnr an original site and development plan ~pp,licR~i0n. A,~_a_Qou:.t Of,-I.,he. re,yJe.Y,<'Ild ...,p'p>:Qv.,L pr(''''''"UL t,h.e c,J-1:,"'c.B.nd. ._0.e..Y~J(l.PJ!1,"D.:t.pJ",n f.?glJAc:r,,:,h,"dL he .B.":'.-: $."'"s5.e.d....,Hi_tlL...r~K.I'H:d...J,Q .t.ht>,,_ t.hen .0IJ);T"'nt,<lPY.elQJ2IIlf',11t, t'til.l.l!l:tJ..Ql\,~,-Qf....the.S::J..ty.._j nr~ lJldi n" ~hl.l.'L llO.t, ..1 i rnit,<'!d t.D-" --- .f';,IJ.b.d.i YiUi21l..J;:.e.&1.!lIl.t.i0.n B~_E:llPP~ L.e.roe !:It'l.L,. .i>Dnj n,g r'" Illl 1 at, i () n 5...,,--llgIL.Q.Qd e.~_J." nd,sf'B,rdJ1L.Q..Qd ",., . h,i, cL:tcU'i " PXf"~_~TY 09tism..__~9JJi.r..erQt:;',}1.t!~;L.1. _ (~ClJnmqn",,"ltY___8.Q~~ft_:r_f.tn("~_~_ GQ(J 'O~..lJ.tiUt:Y.~B1:.?nd<!.r-,L.::, ~... "nrt 5. n._ J. 1.",,<,,,,nd... Jmp'l.<;ct.. fj:'cF.'~.;~._?.I\.d~., .!:Ch!\I..L..QQ.IDp.ls wi. t.b. ,,-,11<, h Gl!rrAnt. rAgqirA:: m.eX.lt._!;Lc. - 3 - Ord. No. 60-88 Section 6. That, Chapter .3D, "Zonine;", Sect,ion 30-22, "Si.t.e and Development, Plan Approva 1". ""lbsect.ion (E). ":3 i te and Devel- opment Plan Approval - Time Limita~i.on". of the Code of Ordinanc- es of t,he City of Delrav Beach. Florid", be, ",nd the same is hereby amended by adding" new SUhparagr",ph (31 to read as follows; (3) In the event t.hat a site and development. plan has bAen ~ppr0ved wi.thnl]~ ~ ~im~ limi.tation imposed Ilpon i~, said c:ite and dAvAlopment. plan shall expire on ,June 1, 1989, unles!;', a reqlll'\st. for eX~ension is properly sllbmi~ted t.o the Planning Director, pursllant. to t.he provi.sion!;', of Sub!;',ection (EI (2), above. In the event t.hat a request for extension is properly Rllbmitted, said request c:hal I be proccAc;sed pursuant. to ?lJbsection (EI (21 and acction taken "ppropriat.ely. 5e.Q.t.L:m._I~ That conflic~ herewith bA, all ordinances or parts of ordtnAn~~~ and the ~Ame 8rR hAreby rApAaled, in BAn,t,J..QJt..8_. That, should any sAet.inn or provision of t.hiF: ordin8ncA 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. t.herAof ot,her t.han the part. d~c1ared to be invalid. 5.ec.ti<:m..9, That thi s ord inanee s ha) I become effective immediat.ely upon passage on second and final reading, PASSED AND ADOPTED in reglllar session reading on t.his the _____ day of .____u.n. on second and final ___._._..u..__ 1988. 11AYOR ATTEST; ---_.~ ----- ---~--------,._------- ---- Cit,y Clerk FIrst. Reading ___._ Second Reading - 4 - Ord. No. 60-88 C I T Y COM MIS S ION DOC U MEN TAT ION TO: a~7"J'~,= DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF JULY 12, 1988 AGENDA ITEM PUBLIC HEARING RE BORTON VOLVO ANNEXATION WITH INITIAL ZONING OF S.C. ACTION REQUESTED OF THE COMMISSION: Approval on first reading of the ordinance enacting the Borton Volvo Annexation. BACKGROUND: This is a voluntary annexation which was initiated pursuant to terms of a water service agreement. Borton Volvo, located on the east side of North Federal Highway, was developed under County auspices. Initially it was thought that water would be provided by an on-site well; however, as the project progressed it was determined that water would be provided by the City. A site plan was processed concurrently with the water service agreement. Both received approval of the City Commission. Since time was of the essence to the developer, a water service agreement was executed rather than waiting for annexation to occur. Prior to execution of the agreement, a petition for annexation was received and processed. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board considered this item at a public hearing on May 16, 1988, at which time they unanimously recommended annexation with SC zoning. Marilyn Carr, neighboring property owner, spoke claiming that the City was acting improperly. The City commission accepted the Board's recommendation on June 14th and set this date for pUblic hearing and first reading. q 1 . To: Walter o. Barry, City Manager Re: Public Rearing Re Borton Volvo Annexation With Initial Zoning of S.C. Page 2 RECOMMENDED ACTION: Approval on first reading of the enacting ordinance for the Borton Volvo Annexation with initial City zoning of S.C. Attachment: Enacting ordinance provided by the City Clerk REF/DJK#25/B:CCBORTON.TXT l << ORDINANCE NO. 61-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH LOTS 41, 42, 43, AND 43-A, DEL RAY BEACH ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF TRE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 13, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY, BETWEEN TRE DELRAY DRIVE-IN THEATRE AND GULFSTREAM BOULEVARD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING TREREOF TO SC (SPECIALIZED COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE, WHEREAS I Kjel1 Bergh and Mary R. Bergh, his wife, are the fee-simple owners of the property hereinafter described; and, WHEREAS, Roger G. Saberson, as duly authorized for Kjel1 Bergh and Mary R. Bergh. his wife, has requested petition to have the property annexed into the municipal of the City of De1ray Beach; and, Agent by his limits WHEREAS, the subject property hereinafter described is now contiguous to the corporate limits of the City of De1ray Beach, thus making said petition for annexation effective at this time; and, WHEREAS I the designation of a zoning classification is part of the annexation proceeding, and provisions of City Code Section 173,886 have been followed in establishing the proposed zoning designation; and, WHEREAS, the City of De1ray Beach has heretofore been authorized to annex lands in accordance with Section 171,044 of the Florida Statutes I NOW, THEREFORE, BE IT ORDAINED BY TRE CITY COUNCIL OF TRE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS; Section 1. That the City Commission of the Delray Beach, Palm Beach County, Florida, hereby annexes City the following descr.bed land located in Palm Beach Florida, which lies contiguous to said City to-wit: City of to said County, PARCEL 1: A parcel of land in Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida. bounded as follows: On the North by the South line of DELRAY BEACH ESTATES, according to the Plat thereof, recorded in Plat Book 21, Page 13; on the East by the East line of the West Half (W 1/2) of the West Half (W 1/2) of the Southeast Quarter 9 (SE 1/4) of said Section 4; on the West by the Easterly right-of-way line of State Road No, 5 (U. S. Highway No.1), being a line parallel to and 50 feet Easterly from the center line thereof; and on the South by a line parallel to and 100 feet Southerly (measured at right angles) from the South line of said DELRAY BEACH ESTATES. PARCEL 2: Lot 43 and Lot 43-A, DELRAY BEACH ESTATES, a subdivision of Palm Beach County, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 21, Page 13: PARCEL 3: Lots 41 and 42, DELRAY BEACH ESTATES, accord- ing to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 21, Page 13; together with the improve- ments thereon and the fixtures therein. The subject property is located on the east side of North Federal Highway, between the De1ray Drive-In Theatre and Gu1fstream Boulevard. The above described parcels contain a 4.9 acre parcel of land, more or less. Section 2. That the Boundaries of the City of De1ray 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, Section 3, That Section 173.886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District SC (Specialized Commer- cial) as defined by existing ordinances of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities I 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 De1ray Beach. Section 5. That this annexation of the subject proper- ty, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads, alleys. or the like, unless otherwise specifically initiated by the City pursuant to current require- ments and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. - 2 - Ord. No. 61-88 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 - 3 - Ord. No. 61-88 I fj (" ORDINANCE NO. 74-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) DISTRICT, IN PART, AND R-1A (SINGLE FAMILY DWELLING) DISTRICT, IN PART, IN SC (SPECIALIZED COMMERCIAL) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACR, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF GERMANTOWN ROAD AND QUEENS AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, TREREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS, Section 1. That the following described property in the City of Delray Beach, Florida. is hereby rezoned and placed in the SC (Specialized Commercial)-District as defined in Chapter 173 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Lot 1, SANDS O'SEA, according to the Plat thereof, recorded in Plat Book 21, Page 27. of the Public Records of Palm Beach County, Florida, EXCEPT the following described property: Commence at the Southwest corner of Lot 1, SANDS O.SEA Subdivision, as record- ed in Plat Book 21, Page 27, of the Public Records of Palm Beach County, Florida, thence East along the South line of said Lot 1, 85.85 feet; thence Northerly on a line making a deflection angle of 83 degrees 37" with the previous course, 59.79 feet; thence Westerly along a line making an interior angle .of 89 degrees 47' with the previous course, 62.28 feet to the West line of said Lot 1; thence Southerly along the West line of said Lot 1, 72.71 feet to the Point of Beginning; and. "~ j Lots 2, 3, 4 and 5, SANDS O'SEA, according to the Plat thereof recorded in Plat Book 21, Page 27, of the Public Records of Palm Beach Coun~y, Florida; and, j i -:'.1 -,~ ;.~ 7 .1 , :] j ',:'\ ,I c"' .~ .~ 1 :~ That part of the W~st Half of Lot 31 lying East of Germantown Road and that part of the East Half of Lot 23 lying East of Germantown Road. Subdivision of Section 20, Township 46 South, Range 43 East, Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 1 at Page 4 of the Public Records of Palm Beach County, Florida. The subject property is located at the northeast corner of Germantown Road and Queens Avenue. The above described parcel contains a 11.28 acre parcel of land, more or less. /0 r) , r"" Section ?. That shall. upon the effective Zoning Map of Delray Beach, sions of Section 1 hereof. the Planning Director of said City date of this ordinance. change the Florida, to conform with the provi- Section 3, That all ordinances or parts of ordinance~ in conflict 'herewith be. and the same are hereby repealed, Section 4 That should any section or provision of this ordinance or any portion thereof. any paragraph. sentence, or word be declared by a Court of competent juriSdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. SectiQnL~~ 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 u on second and , 1988. , -4 MAY 0 R ATTEST: City Clerk ..J First Reading Second Reading ....,-., 'J :::i ,.1 '.;.j :':-J '1 2::-j ':;;.;-; :'1 ,-.::: ~~.:J : .~'; <:J ,:] :::;1 t.~ '~ .j ~~ 'j j .,;t ",";: .'1 i .:~ ~:! -.~ I 1 i 1 \ - 2 - Ord. No. 74-88 ORDINANCE NO. 75-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1A (SINGLE FAMILY DWELLING) DISTRICT IN RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 20, TOW~SHIP 46 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON TRE WEST SIDE OF S.W. 8TH AVENUE, BETWEEN S.W. 4TH STREET AND S. W. 7TH STREET, IF THESE STREETS ARE EXTENDED WESTWARD, 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 COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS' Section 1, That the following described property in the City of De1ray Beach, Florida, is hereby rezoned and placed in the RM (Medium to Medium High Density Dwelling) District as defined in Chapter 173 of the Code of Ordinances of the City of De1ray Beach, Florida, to-wit: Beginning at the intersection of the south right-of-way of S, W, 4th Street and west right-of-way of S.W. 12th Avenue and follow- ing the projection of said west right-of-way to the north right-of-way of S.W. 6th Avenue; continuing eastward along said north right-of-way to the west right-of-way of S.W, 8th Avenue; thence northward along said west right-of-way to the south right-of-way of S.W, 4th Street; continuing westward along said south right-of-way line to the Point of Beginning. Excluding a portion of Lot 25, of the Subdivision of Section 20, Township 46 South, Range 43 East, according to the Plat thereof, recorded in Plat Book 1, Page 4. of the Public Records of Palm Beach County, Florida, being more particularly described as follows: the north 295,20 feet of the south 320.20 feet (as measured parallel with the east line of Lot 25) of the west 295.20 feet of the east 320.20 feet (as measured parallel with the south line of Lot 25) of Lot 25, Subdivision of Section 20, Township 46 South, Range 43 East, Delray ~each, Florida, con- taining 18 acres, more or less; TOGETHER WITH The East Half (E 1/2) of the West Half (W 1/2) of Lot 26, Subdivision of Section 20, Township 46 South, Range 43 East, Palm Beach County, Florida, less the Easterly 67.46 feet as in Official Record Book 3849. Page 1806, containing 4.79 acres, more or less. II The subject property is located on the west side of S.W, 8th Avenue I between S.W. 4th Street and S.W. 7th Street, if these streets are extended westward. The above-described parcels contain a 22.79 acre parcel of land, more or less. Sect. ion 2. That shall, upon the effective Zoning Map of Delray Beach, sions of Section 1 hereof. the Planning Director of said City date of this ordinance, change the Florida, to conform with the provi- Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph I sentence I or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in 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. 75-88 l ,I i! II I, !! ORDINANCE NO. 76-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA. CHANGING TRE CITY'S LAND USE PLAN DESIGNATION IN THE COMPRERENSIVE PLAN FOR A PARCEL OF LAND LYING AND BEING IN SECTION 21. TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, FROM MF-10 (MULTIPLE FAMILY - 10 UNITS/ACRE) TO C (COMMERCIAL); SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF S.E. 5TH AVENUE AND S.E. 10TH STREET; AMENDING TRE LAND USE PLAN; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY TRE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the legal description of the subject property is as follows; The portion of Lot 10, Block 1, MODEL LAND COMPANY SUBDIVISION of Section 21, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 1 at Page 128 of the Public Records of Palm Beach County, Florida, more particularly described as: Parcel No.1 The West 152.89 feet of the South 330 feet of the North 1,155 feet of Lot 10, Block 1, MODEL LAND COMPANY SUBDIVISION of Section 21, Township 46 South, Range 43 East. Delray Beach. Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 1, Page 128, of the Public Records of Palm Beach County, Florida, LESS the North 33 feet thereof for publio road right-of-way and utility purposes. I " !I II II I' ! 'I ParClel No.2 I' The East 150.00 feet of that part of the South One-Half (S 1/2) of Lot 10, Block 1, of MODEL LAND COMPANY SUBDIVISION of West Ralf (W 1/2) of Section 21, Township 46 South, Range 43 East, as recorded in Plat Book 1, Page 128, Public Records of Palm Beach County, Florida, lying west of the Westerly right-of-wa;r line of Southeast 5th Avenue (U. S. Righway No.1, South), as shown on State of Florida, State Road Department Right-of-Way Map of Section 93010, Sheet 108, and North of the Westerly extension of the South line of Lot 25, Block 2. of said MODEL LAND COMPANY SUBDIVISION, LESS the North 25.00 feet thereof. " ,I j: Ii !i " I: 'I I, I' I: !i !I i Ii The subject property is located at the southwest corner of S.E. 5th Avenue and S.E. 10th Street. The above-described parcel contains a 2.077 acre parcel of land, more or less, I~ II II I !: 'I :1 I , Section ?. That the Land Use Plan designation of the subject property in the Comprehensive Plan adopted by Ordinance No. 65-79 is hereby changed to C (Commercial). Section 3. That the Planning Director of the City of Delray Beach 5hall, upon the effective date of thi5 ordinance, change the Land Use Plan of Delray Beach, Florida, to conform with the provisions hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the 5ame are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof. any paragraph, sentence, or word be declared by a Court of competent juri5diction 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. I ![ II II I; Ii " II " ii II " il , I: Section 6. 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 ,i; Ii Ii I First Reading Second Reading I 'I II II " I! II I I II II 1 I i II I II Ii " , - 2 - Ord. No. 76-88 C I T Y COM MIS S ION DOC U MEN TAT ION FROM: ~R O. BARRY, CITY MANAGER ~~l~s~~ DEPARTMENT OF PLANNING AND ZONING TO: SUBJECT: MEETING OF JULY 12, 1988 AGENDA ITEM PUBLIC REARING RE REZONING FROM RM-10 TO S.A.D. AT THE SOUTHWEST CORNER OF S.W. 10TH STREET AND FEDERAL HIGHWAY (GULFSTREAM MOTOR LODGE) ACTION REQUESTED OF THE COMMISSION: Approval on first reading of the ordinance enacting the Gulfstream Motor Lodge rezoning. BACKGROUND: This property is currently zoned RM-10. It is desired that it be zoned to accommodate construction of a motor lodge. In order to do so, the zoning designation must be changed. The project was initially processed with a proposed zoning of G.C.; however, when the Planning and Zoning Board's recommendation was presented to the City Commission some concerns were raised with the number of uses permitted under the G.C. designation. Since a special zoning district which focuses upon hotel/motel and tourist related uses was presently before the Planning and Zoning Board, and since the Commission felt that a limitation on use was appropriate, it was suggested that the petition reflect S.A.D. zoning. The petitioner's agent was present and stated that the petition was amended accordingly. Thus, the item is now before the Commission with proposed zoning of S.A.D. Normally, S.A.D. zoning involves concurrent approval of a site and development plan and the designation of allowable uses. A single use is proposed and is reflected in the text of the ordinance. A site plan is currently being processed and will be acted on by the Planning and Zoning Board on July 18, 1988. Thus, the site plan will be before the Commission concurrent with second reading of this enacting ordinance. Under these circumstances it appears appropriate to proceed with first reading at this time. )3 l . To: Walter ~. Barry, City Manager Re: Public Hearing Re Rezoning From RM-10 to SAD At The Southwest Corner of S.W. 10th Street And Federal Highway (Gulfstream Motor Lodge) Page 2 RECOMMENDED ACTION: Approval on first reading of the enacting ordinance for the Gulfstream Motor LOdge rezoning from RM-10 to S.A.D. Attachment: Enacting ordinance provided by the City Clerk REF/DJK#25/B:CCSAD.TXT C I T Y COM MIS S ION DOC U MEN TAT ION FROM: ~R O. BARRY, CITY MANAGER ~~~S~~ DEPARTMENT OF PLANNING AND ZONING TO: SUBJECT: MEETING OF JULY 12, 1988 AGENDA ITEM PUBLIC HEARING RE REZONING FROM RM-10 TO S.A.D. AT THE SOUTHWEST CORNER OF S.W. 10TH STREET AND FEDERAL HIGHWAY (GULFSTREAM MOTOR LODGE) ACTION REQUESTED OF THE COMMISSION: Approval on first reading of the ordinance enacting the Gulfstream Motor Lodge rezoning. BACKGROUND: This property is currently zoned RM-10. It is desired that it be zoned to accommodate construction of a motor lodge. In order to do so, the zoning designation must be changed. The project was initially processed with a proposed zoning of G.C.; however, when the Planning and Zoning Board's recommendation was presented to the City Commission some concerns were raised with the number of uses permitted under the G.C. designation. Since a special zoning district which focuses upon hotel/motel and tourist related uses was presently before the Planning and Zoning Board, and since the Commission felt that a limitation on use was appropriate, it was suggested that the petition reflect S.A.D. zoning. The petitioner's agent was present and stated that the petition was amended accordingly. Thus, the item is now before the Commission with proposed zoning of S.A.D. Normally, S.A.D. zoning involves concurrent approval of a site and development plan and the designation of allowable uses. A single use is proposed and is reflected in the text of the ordinance. A site plan is currently being processed and will be acted on by the planning and Zoning Board on July 18, 1988. Thus, the site plan will be before the Commission concurrent with second reading of this enacting ordinance. Under these circumstances it appears appropriate to proceed with first reading at this time. )3 To: Walter ~. Barry, City Manager Re: Public Rearing Re Rezoning From RM-10 to SAD At The Southwest Corner of S.W. 10th Street And Federal Righway (Gulfstream Motor Lodge) Page 2 RECOMMENDED ACTION: Approval on first reading of the enacting ordinance for the Gulfstream Motor Lodge rezoning from RM-10 to S.A.D. Attachment: Enacting ordinance provided by the City Clerk REF/DJK#25/B:CCSAD.TXT . -II i i I ORDINANCE NO. 77-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT IN SAD (SPECIAL ACTIVITIES) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE SOUTH- WEST CORNER OF S. E. 5TH AVENUE AND S. E. 10TH STREET, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS I the Planning and Zoning Board, at the meeting held June 20, 1988 I recommended zoning and placing of land presently zoned RM-10 (Multiple Family Dwelling) District in the zoning SAD (Special Activities) District; and, WHEREAS, the City Commission has determined that such change should be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property is hereby zoned and placed in the SAD (Special Activities) District as defined in Chapter 173 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: That portion of Lot 10, Block 1, MODEL LAND COMPANY SUBDIVISION of Section 21, Township 46 South, Range 43 East, Delray Beach, Palm Beach County I Florida, according to the Plat thereof recorded in Plat Book 1 at Page 128 of the Public Records of Palm Beach County, Florida, more particularly described as: Parcel No.1 The West 152,89 feet of the South 330 feet of the North 1,155 feet of Lot 10, Block 1, MODEL LAND COMPANY SUBDIVISION of Section 21, Township 46 South. Range 43 East, Delray Beach, Palm Beach County, Florida. according to the Plat thereof recorded in Plat Book 1, Page 128, of the Public Records of Palm Beach County, Florida, LESS the North 33 feet thereof for public road right-of-way and utility purposes. Par~e1 No.2 The East 150.00 feet of that part of the South One-Half (S 1/2) of Lot 10, Block 1, of MODEL LAND COMPANY SUBDIVISION of West Half (W 1/2) of Section 21. Township 46 South, Range 43 East, as recorded in Plat Book 1, Page 128, Public Records of Palm Beach County, Florida, lYing west of the Westerly right-of-way line of Southeast 5th Avenue (U. S. Highway No. 1, South), as shown on State of Florida, State Road Department I~ Right-of-Way Map of Section and North of the Westerly South line of Lot 25, Block LAND COMPANY SUBDIVISION, 25.00 feet thereof. 93010, Sheet 108, extension of the 2, of said MODEL LESS the North The subject property is located at southwest corner of S.E. 5th Avenue and 10th Street. the S. E. The above-described parcel contains a acre parcel of land, more or less. 2.077 Section 2, That the uses allowed for the subject property described in Section 1, above, pursuant to Section 173.631(A) of the Code of Ordinances of the City of De1ray Beach, Florida, are as follows: Hotel/Motel, and attendant uses restaurant, a lounge I and service and tional facilities incidental thpreto, of: a recrea- Section 3~ described in Section approved conditional approved by the City That the development of the 1, above, is to be in accordance uses and site and development Commission on July 26, 1988. property with the plans as Section 4. That shall, upon the effective Zoning Map of Delray Beach, sions of Section 1 hereof. the Planning Director of said City date of this ordinance, change the Florida, to conform with the provi- Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph. sentence I or word be declared by a Court of competent jurisdiction to be inva1id, 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. Se0.tion 7. 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 I 1988. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 77-88 ORDINANCE NO. 78-88 AN ORDINANCE OF TRE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIGNATION IN TRE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOOTH, RANGE 42 EAST. DELRAY BEACR, PALM BEACH COUNTY, FLORIDA, FROM MF-6 (MULTIPLE FAMILY - 6 UNITS/ACRE) TO 0 (OFFICE); SAID LAND IS LOCATED ON TRE EAST SIDE OF MILITARY TRAIL, BETWEEN N.W. 3RD DRIVE AND THE L-32 CANAL; AMENDING TRE LAND USE PLAN; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TRE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SAction 1. That the legal description of the subject property is as follows: Being all those lands shown on the Plat of PYLON PROFESSIONAL CENTER as recorded in Plat Book 53, Pages 70 and 71 of the Public Records of Palm Beach County. Florida, also described as: The North 140 feet of the West 662 feet of the Northwest Quarter (NW 1/4) of the North- west Quarter (NW 1/4) of Section 13, Township 46 South, Range 42 East. Palm Beach County I Florida; LESS the right-of-way of State Road 809 (Military Trail); and LESS the right-of-way of Lake Worth Drainage District Lateral Canal No. 32. Also including the South 15 feet of the North 55 feet of the North 140 feet of the West 662 feet of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida. The subject property is located on the east side of Military Trail, between N.W. 3rd Drive and the L-32 Canal. The above-described parcel contains a 1.97 acre parcel of land, more or less. SAction 2 That the Land Use Plan designation of the ~ubject property in the Comprehensive Plan adopted by Ordinance No. 65-79 is hereby changed to 0 (Office). SAction 3. That the Planning Director of the City of Delray Beach shall, upon the effective date of this ordinance, change the Land Use Plan of Delray Beach, Florida, to conform with the provisions hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. /~ Se~tion 5 That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid. such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in 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. 78-88 ORDINANCE NO, 79-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) IN POC (PLANNED OFFICE CENTER) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON THE EAST SIDE OF MILITARY TRAIL, BETWEEN N.W, 3RD DRIVE AND THE L-32 CANAL, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the POC (Planned Office Center) District as defined in Chapter 173 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Being all those lands shown on the Plat of PYLON PROFESSIONAL CENTER as recorded in Plat Book 53, Pages 70 and 71 of the Public Records of Palm Beach County, Florida, also described as: The North 140 feet of the West 662 feet of the Northwest Quarter (NW 1/4) of the North- west Quarter (NW 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County. Florida; LESS the right-of-way of State Road 809 (Military Trail); and LESS the right-of-way of Lake Worth Drainage District Lateral Canal No, 32. Also inclUding the South 15 feet of the North 55 feet of the North 140 feet of the West 662 feet of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida, The subject property is located on the east side of Military Trail, between N.W. 3rd Dr:ve and the L-32 Canal. The above-described parcel contains a 1.97 acre parcel of land, more or less. Section 2. That shall, upon the effective Zoning Map of Delray Beach, sions of Section 1 hereof. the Planning Director of said City date of this ordinance, change the Florida, to conform with the provi- Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. /~~ Se~tion 4 That should any section or provision of this ordinance or any portion thereof. any paragraph, sentence. or word be declared by a Court of competent Jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. SectiQIL~ 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. M A'Y 0 R ATTEST: City Clerk First Reading Second Reading I[ - 2 - Ord. No. 79-88 ORDINANCE NO. 99-R7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE TEXT OF THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CREATING A LARGE SCALE MIXED USE DEVELOPMENT DESIGNATION, WHICH LAND USE CATEGORY WILL BE SHOWN ON THE LAND USE PLAN MAP IN AN OVERLAY MANNER AND WILL BE INTENDED TO IDENTIFY THE APPROXIMATE LOCATION OF AREAS WHICH MAY BE SUITED FOR SUCH LARGE SCALE MIXED USE DEVELOPMENT; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the text of the Large Scale Mixed Use Development is as follows: The Land Use Map identifies the approximate location of areas which may be suited for large scale, mixed use development. Mixed use development, for the purposes of this section includes the horizontal and/or vertical relationship of office, retail, residential, service, and recreational land uses (or any combination there of) within a single, unified development generally in excess of ten (10) acres. The actual development must be processed and approved through the City's Special Activities District (SAD) . At the time the zoning application is considered, a determination of consistency with other relevant aspects of The Comprehensive Plan must be made. In order to assist the City in making such a determination, at a minimum, the following items must be presented with the rezoning application: a traffic impact study; a water demand and sewer impact study; an economic feasibility study; an adjacent property impact study, said be limited to physical relationships project to adjacent properties; a schematic design showing the general of the development and its relationship to adjacent properties but to community and design features. study to of the character not only landmarks Ii Ii " Ii I I This land use category/designation is shown on the land use map in a overlay manner i.e., it is marked with a special symbol overlaying a general area. In the event land is not developed for a large scale, mixed use. individual properties may develop pursuant to tne underlying land use classifications. Section 2. That the Planning Director of the City of Delray Beach shall, upon the effective date of this ordinance, amend the text of the Land Use Plan Element of Delray Beach, Florida, to conform with the provisions hereof. I' Section 3. That this ordinance shall become effective ten days after passage on second and final reading. PASSED AND ADOPTED reading on this the in special session day of on second and final , 1987. MAYOR ATTEST: City Clerk First Reading December I, 1987 Second Reading i I I I I I I if 2 Ord. No. 99-87 C I T Y COM MIS S ION DOC U MEN TAT ION FROM: ~R O.BARRY, CITY MANAGER ~QA;~~ J. ck0 Uac.1-- DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING TO: SUBJECT: MEETING OF JULY 12, 1988 AGENDA ITEM DISPOSITION OF ORDINANCES 99-87 AND 100-87 (PLAN AMENDMENT 88-1, IN-PART) ACTION REQUESTED OF THE COMMISSION: To deny Ordinances 99-87 and. 100-87 on second reading. BACKGROUND: In 1987 a Land Use Plan text amendment and a map amendment were proposed to accommodate the Marina Caye project. This mixed use project was proposed along the Intracoastal ~aterway immediately south and east of the Delray Drive-in (swap shop). In order to accommodate the proposal it was first necessary to add the category "Land Scale Mixed Use" to the land use element (Ordinance 99) and then to apply it to the map (Ordinance 100). Upon receipt of review comments from the D.C.A. process, some suggestions were made to the text and how it is to be applied. Rather than hastily make those changes, the Commission decided to continue consideration of these ordinances until Plan Amendment 1988-1 was processed. Plan Amendment 1988-1 has been processed and public hearings on it are now being held. During the past six months there has been no further action on the Marina Caye project and the planning staff has informally been notified that the project is no longer being pursued. STAFF RECOMMENDATION: Given the above situation and the fact that the concept of Large Scale Mixed Use Developments will be addressed in the overall revision to the Comprehensive Plan, it seems most appropriate that these items be rejected and the record cleared. I ~ oJ /7 I To: Walter 0; Barry, City Manager Re: Dispcs'.tion of Ordinance 00-87 and 100-87 (Plan Amendment 88-1, In-Part) Page 2 RECOMMENDED ACTION: By separate motions, deny ordinances 99-87 and 100-87 on second reading. Attachments: Ordinances 99-87 and 100-87 provided by the City Clerk REF/DJK#25/B:CCLSMU.TXT I . QRDINANCE NO. 100-87 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR LAND IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, GENERALLY IN THE VICINITY OF THE DELRAY DRIVE-IN AND SPECIFICALLY INCLUDING A PARCEL LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY, BETWEEN ALLEN AVENUE AND THE DELRAY DRIVE-IN THEATRE FROM C, COMMERCIAL, IN PART, MF-10, MULTIPLE FAMILY - 10 UNITS/ACRE, IN PART, AND SF, SINGLE FAMILY, IN PART, TO ACCOMMODATE THE OVERLAY DESIGNATION OF LARGE SCALE MIXED USE DEVELOPMENT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the legal description of a specifically affected parcel is as follows: All of the North 324.04 feet of Lot 38, Section 9, Township 46 South, Range 43 East, lying East of the East Right-of-Way line of the Federal Highway, being State Road 5, and extending to the Intracoastal Waterway, as per Plat recorded in Plat Book 8 at Page 40 of the Public Records of Palm Beach County, Florida; and Tract "A", Snow Hill, according to the Plat thereof recorded in Plat Book 21, Page 83 of the Public Records of Palm Beach County, Florida. Section 2. That the Land Use Plan designation of the subject property and other parcels which may be aggregated for development with it as shown on the Comprehensive Plan is hereby amended to affix the designation of a Large Scale Mixed Use Development Overlay. Section 3. That the Planning Director of the City of Delray Beach shall, upon the effective date of this ordinance, change the Land Use Plan of Delray Beach, Florida, to conform with the provisions hereof. Section 4. That this ordinance shall become effective ten days after passage on second and final reading. PASSED AND ADOPTED reading on this the in special session day or on second and , 1987. final MAYOR ATTEST: City Clerk First Reading December I, 1987 Second Reading /7 ORDINANCE NO. 53-88 AN ORDINANCE OF THE CITY conNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 32. TOWNSHIP 46 sonTH. RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY: SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF FEDERAL HIGHWAY AND THE C-15 CANAL: REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND: PROVIDING FOR THR ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT: PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. WHEREAS. A&R Larsnn, Inc.. a Flnricta Corporation. is the fee-simple owner' of ~he pr0p~rt,y hereinafter desrrjhed: and. WHEREAS. ROgpT G. S~bersnn. as (illly authorized for A&R Larson. Inc.. Il Flori dil Cnrporiltj ,',r,. has request.ed petition to havA the pr(~lp~rty ~nnexprl int(, the municipal of the City of Delray Beach: anrl, Agent. by his limit.s WHFREA~::;. .t.he !:.nbipct. prn!")ert.v hp.rein8ft.pr dpf:'.(~ribed is now cont,ie:uous t.o the cnrpor8T,e] imi t.s of t.he (;1 t.y of Delray Beach. thllS m~king said pet.it,jon for annexation effel~tive at this time: and. WHEREAS. ~he dASign~ti0n of A ~oning r]~ssjfjca~ion is pari:. of t,rJA ,;,nnexat, j (~jl') pro(':Aed i ng, ,qnrl prcJvj P. i on~; (if Ci t,y Ct)de Section 30-23 have been followed in es~abljshing the proposed zoning designation: and. WHEREAS. ~he City authorized to anrlex ands in the Florida Statute" nf n~ 1 rAY Rr=-:,':.j(:h h.q~, rl~rp.t.(':ofnt'e been ~(':~orrlancA wjt.h Se~t.i()n ]7],044 of NOW. THEREFORE. BE IT ORDA 1 NED F;Y THF CITY G;HJNC Ii. OF THE CITY OF DELRA Y BRACH. FU:R IDA. A.", FOl,LO,,!:",: S.e.Q.ttr;rL._t. That thp eli,v CnlHIC1:i Beach. Palm Beach County. F]orid~. herehv the followinR described land lo~ated in Flori.da.. which li~.,:~ c(Jnt.i~Dnl);=:; t.o .<;,'.8id r:jt.~, "f t.te Cit.y of De]ray 8nnexes to Raid City Palm B...ach Count.y. t".(J- wi t: 1'hat part. c,f t,he Northe~?,t, Oll.';rt,"'r (NE 1/4; of t.rlP Nn"r't.he.f:lst. (..JllFlrT,~r iNF 1/4, of the Northeast 0uart,pr (NE 1/4; lying WAst. of t,he right-af-way of State Rnarl NC1. ~ (fJ.S. Highway No.1'). les:::; t.h~ Ncrt.L 40n feet and less ~he South 2S fep~. Sp~~i0n ~:. Township 46 SOllt,h. Range 4.1 Ea..sr.. p", 1 rn 'F>p'?ch County. Florida: ANI!. That pi'lrt. of t.h... S~llt.h ?!" fept. of t,h... North- east Quar~er INR 1/41 of thp Northp8S~ Quarter (NE 1/41 of the NortheaR~ ~uarter (NE 1/4) of Sectfan 32, Town~hip 46 South. Range 43 E.sst" Lving We~.t. of Li. ~:" ri"ighway No, 1, sit,1J8t,p ~li'j Palm Ee,~ch C(~,;'Hjty, FJnricla. I " , /1 The subJect property is located at the northwest corner of Federal Highway and the C-15 Canal. The above-des~ribed pore'e] CotJt,Ain;~~ ,~ (i,57 acre parcel of land. more or less. Se~tion...2..... That the boundarie",. of t.he Cit.y of Delray Beach. Florida. are hereby redefined to inclurle t.herAin 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. ~0.t.i().rL1~_ That. Flectiort 30-23 c,f t,h~ Zo.nin~ Code h:=ts been followed in the establishmen~ of a zoning ~]assification in this ordinance and the tract 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. S~cti nn _4_,-- TtJat, t,he land her;.; i n2 hClve de;::.cri b~rl s h0911 immediately become subject to all of the fr;nchises. privileges. immunities, debts. obligations. liabilities. ordinances and laws to which lands in the City of Delray Rearh are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. :3e<:t,inn fj. That, t.his annexat,inn elf t.hp suh.i,:.c-t, prCJpe}"- ty. inCluding adjacent roarls. alleY5. or ~ht=> like. if Rny. shall not be deemed acceptance by the City of any maintenance rAsponsj- bility for such roads. alleys. or the like. unless otherwise .specifically ini t,iated by t.he Gi t.y pure;;)i'int t.n C'llrrAnt requi re- ments and conditions. Q.e.r.t.ion R._ 'r_hat all ordjnar)(~~F>.C', nr P,q:ri.;::: of .:Yt'dinances in conflict herewith be. and the same are herehv repealed. Sp!ct.inn 7. ThAt. 2. hon] d riny ?,~CT. 1. en:".; ('Jr prnvis ion of this ordinance or an\' portion t,h~rAof. any p,"1ragrR.ph. sent~~n(>,::', or word be declared by a Court, of cornpE':t.~n"t ~l),l"i_-sdi{-:t,l';~)n t.! be invalid. such decision shall not affert the validity of t.he remainder hereof as a whole or part ~her~of other than the part declared to be invalid. ae..ctj ()n B........ Thai. t,his orrl i nanc~p: p', hEl 11 become effe:ct.l Ve immediately upon passage on secGnd and finAl reading, PASSED AND ADOPTED in regll].o r ".e".~ i on ,>n second and fjna] reading on this thp rlAV (If 1988, MAY 0 Ii' A TTE~o. T: .~------_~_~______ _" ___n_____ _____ Cit.y Clerk F j rs t. Read i nil ~3e(~o:nd Read i ng - 2 - Ord. No. 53-88 ORDINANCE NO. 54-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH THAT PART OF THE SOUTH 100 FEET OF THE NORTH 400 FEET OF LOT 8 LYING WEST OF U. S. HIGHWAY NO. 1 AND EAST OF THE PLAT OF DEL-RATON PARK AS IN OFFICIAL RECORD BOOK 868. PAGE 803. PALM BEACH COUNTY. FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY: SAID IJAND IS LOCATED ON THE WEST SIDE OF U.S. HIGHWAY NO. 1. BETWEEN THE C- 15 CANAL AND J. IN1)ELt. BOULE- VARD: REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND: PRuVID- ING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT: PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE WHEREAS. the Legislature of the ~~ate of Florida passed the Delray Beach Enclave Act. Chapter 86-4~7 Laws of Florida. providing for the annexation of enclaves within the general boundaries of the City of Delray Beach: and. WHEREAS. pursuant t~ the Delray Beach Enclave Act. the City of Delra:; Beach called for a referendum of ~h08e QllalifiAd electors within the City of Delray Beach and the enclaves that would be ~ubject 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 NnvATnher 4. 1886. was approved by a single ma..iority vot.e of said qll;,lifi~d elect,or.s; and. WHEREAS. the City of Delray Reach has prepared an Enclave Report outlining the City's plan rnr implementation of the Delray Beach Enclave Act. which identifIes sixty-five (65) enclaves eligible for annexat.ion pursuant. t,(. 'th.. Act.: and. WHEREAS. the City of authorized to annex lands in Enclave Act.. Delra:; Beach f1ae-. heret.ofor€'. accordance with the Del ray been Beach NOW. THEREFORE. BE IT ORDAINED RY THE crTY COUNCIL OF THE CITY OF DELRA Y BEACH. nOR IDA. AS FOLLuWS: s.~t.i.Qn_L That. t.he Ci t.y (:Olln,- i 1 Beach. Palm Beach County. Florida. herehv the following deE'.cribed land locat.ed '" Florida. which lies contiglloll~ to 2.aid Ci ty of t,hp ~it,y nf Delrav ~rlrIPXPS ~0 s~jd ~i~y P~l:'1 Reach County. t.e.- ~i t.: That part of the South l()O f~pt, ~f ~hp NGr~h 400 feet. of Lot R lyi ng WAP.t. ,of ii. :-~ Hi".hwo'\v No. 1 and East of the Plat of Del-Ratnn Park as in Official Record Book 868. P8i?E' BC;3, Palm Beach County. Florida. The sllbjPct. prop~rt.y is l()~r1t,prl on th~ west. sicle of n.s. Highway No.1. betwF'en t,he C-15 Canal and Lindell Boulevard. The above rleB~ribed parc8] ~nnt.~in~ A (1. n~ acre parc~l of land. mor~ ~r l~~~ /1 Sect.inn? That, t.he houn(b)"ie~. (';f t.he Cit.y of Delray Beach, Florida. are herehy redefined t.o include therein the above-described tract of land and said land is hereby declared to be within the corporat.e limit.s of the Cit.y of Delray Beach. Florida. S"'ct.i()rL~~~ That. 2,ect.ion 30-23 of t,he Zoning Code has been followed in the est.ablishmen~ of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning Di.".t.rict. (;C (General Commercial) as defined by existing ordinances of the City of Delray Beach. Florida. 5.ect-l.Q1L.4.,- That. t.he land her...inabove descri bed shall immediately become sllbject. t.o ",11 of the franchises. privileges. immunities. debt.s. (';blit;rat,ion~;. liabllit,ies. ordinances and laws to which lands in t.he Ci t.y (If Delray Beach are now or may be subjected and persons residing there()n shall be deemed citizens of the City of Delray Beach. 5ecti"IL~) '. That, T.hjo; MHlexat.ion .",f t.he subject. proper- ty. including adjacent roads. alleys. or the like. if any. shall not be deemed accept.ance by t.he City of any maintenance responsi- bilit.y for such ro",de.. alley~;. .',1' t.he lH;e. unless otherwise specifically init.iat.ed by the City pursuant to current require- ments and condi t.ions. Se",ti=-L That. a 1 ] ordin.~nce" or part.s of ordinances in conflict here~ith be. Rnrl ~h~ SRmA are hereby repealed. ~!:'c!J.__Q..n_7___ That. 2. hoO) ld any E:,ectj on or provis ion of this ordinance or any pr'rt.ion t.hereof. I'lny paragraph. sentence. or word be declared by a Court. of compet.ent .iurisdict.ion to be invalid, such decision shall not. affect the validity of the remainder hereof as '" whol", or p",rT, t,h",reof ot,her than the part declared to be invalid. Section 8. That this ordinance shall become effective immediately upon pas~age on s",cond and final r",ading. PASSED AND ADOPTED in regular session final reading on this the ___ day of on second and , 1988. MAY 0 R ATTEST: Ci t.y CI",rk First Reading Second Reading - 2 - Ord. No. 54-88 ORDINANCE NO. 55-88 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 29. 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 AT THE SOUTHEAST CORNER OF LINTON BOULEVARD AND S:W. 4TH AVENUE. BETWEEN S.W. 4TH AVENUE AND THE F.E.C. RAILROAD: 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; PROVID- ING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. WHEREAS. Dan Burns Oldsmobile. Ino.. a Delaware Corpo- ration is the fee-simple owner of the property hereinafter desoribed: and, WHEREA;~. Kiernan .J. Ki lday. Ki lday & Associat.es. af\ dilly authorized Agent for Dan Burns Oldsmobile. Inc., a Delaware Corporat.ion. h."e. reqllested by his pet.i tion to have the property annexed into the municipal limits of the City of Delray Beach: and. WHEREAS. the suhjeot property hereinafter desorihed is now contiguous to the oorporate limits of the City of Delray Beach. thus making said petition for annexation effective at this time: and. WHEREAS. the designation of a zonin~ ~lasf\ifioation is part of the annexation proceeding. and provisions of City Code Section 30-23 have heen followed in establishing the proposed zoning designation: and. WHEREAS. the Citv authorized to annex lands in the Florida Statutes, of De 1 r";l Be"o h '"'''S heret.ofor.. been accordance with Section 171.044 of NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS: S~~tinn 1 That the City Council Beach. Palm Beach Countv. Florida. hereby the following desoribed land located in Florida. which lie;:-. cnntigllou:=; t,o SA,id Cit.y of the City of DAlray annexes to said City Palm Beach County. t.o-wi t.: Eh_R CE L. N_CL_ _.1.: A pare",l of land :',out.h. Range 43 Florida. more follo\Js: in Section 29. TownRhip 46 East. Palm Be"ch County. part,iclJ1arly rlesc-ribed F:l~ BA~1nning at the intersection nf the Easter]v line of Lot 1. Block 3. WEST EL BI<;. DeJray Be"oh. Florida. aooording to the Plat thereof recorded in Plat Book 15. Page 22. of the Pllhli(" Record~', of P:=ilrn Be.8("~h C('llnty. Florida. with a line parallel to and five (5) feet :=)nl]t.herL:y~ from. me.!".J~;l)r~ct at right. .::sngle.s t.n ~o the North line of said Lot 1; then~e Westerly along said line parallel to and five 15) feet South of the North line of Lot 1, Block 3, and parallel to and five (51 feet South of t.he Nort,h I ine of Lot,s 10 t,o 16. incl us i ve. Block 2, said line being a150 parallel to and 30 feet South of the North line of said Section 291 a distance of 550.15 feet more or less. to a point in the West line of said Lot 10. Block 2: thence Southerly along the West line of said Lot 10 and along the West line of Lot 23 of said Block 2. and its Southerly extension. a distance of 248.02 feet. more or less to a point in the center line of the right-of-way of Ridge Street as shown on said Plat; t.hence East.erly alan.. the sahl cent.er line of the ri~ht-of-way of Ridge Street. a distance of 372.40 feet. more or less. to the intersection of the center line of the right-of-way of Swinton AVenl]~. ~~ shown on said Plat: thence Southerly alcln~ t.he center line of the right-of-WRY of sRid Swinton Avenue a distance of 63.0 feet t~ a point in the Westerly extension of the South line of Lot 6. of said Block 3: thence Easterly along said Westerly extension and along the South line of said Lot 6. Block 3. R distance of 129.67 feet. more or less. to the SOllthea8t corner of said Lot 6; thence Northerly along the Easterly line of Lots 6. 5. 4. 3. 2 and 1 of said Block 3. it being also the Westerly right-of-way of the Florida East Coas~ Railway. a distance of 313.18 feet. more or less. to the Point of Beginnjn~: LESS the North 23 feet, as de5~ribed in Off1"j"J Record Book 1676. Page 8.31. of t.he Public Records of Palm Beach COllnty. Flori dR. AND PARCEL NO~~ Begin at the interse~tion of the centerlines of Ridge St.reet. and Swi nT.on Avenlle. as 5 hown on the Plat of WEST EL BE. recorded in Plat Book 1E,. Palle 22. Pa I m Be"~h COlJnt.v Publ ic Records: thence Westerly along the centerline of Ridge S~rept. B rlj~tance of 371.31 feet. more or le~s. t.rl t.t)P Northerly ext.en,e-, ion of the We.e',t 1 j ne of I,c.t. 10. Bloc~k 4. as shown on sajrl PIRt nf WFST EL, BE: thence South~rly 81nng g~id linp ~ rljstRnce of 62,42 fE..::-:t. t,(; Fi l=i(~;Jnt in t,h~ We~;t,erly ext,ensin{j of t.h~ Nort,lJ linp nf i"yt. 7. Block 3, WEST EL BF, ,~fhreme'nt,j(jn~d; t,hence Easterly along said line. ~ distance of 359.22 feet. more or less. to a point in the aforedescrihed centerline of SwiTltcln AvenlJe: thence Northerly aJong ~airl ~Rnterline " distance of 62R7 feet. ~o the Point of Beginning. The said ahove ~wo parcels ()f l~nrl mAY also be descrjbed as fnllows: - 2 - Ord. No. 55-88 A parcel of land Sout.h. Range 43 Florida. more follows: in Section 29. TownshiD 46 East. Palm Beach County. particularly described as Beginning at the intersection of the Easterly line of Lot 1. Block 3. WEST EL BE. Delray Beaoh. Florida. aocordi ng t.o t.he Plat thereof. reoorded in Plat Book 15. Page 22. Publio Reoords of Palm Beach County. Florida. with a line parallel to and 2B.0 feet Southerly from. measured at right. angle:". t.o the North line of said Lot 1: thence Westerly along said line pArallel to and ~~B. 0 feet South of the North line of Lot 1. Block 3. and para lIe I to and 28. 0 :t;eet, Sout,h of the North line of Lots 10 to 16. inclusive, Block 2. said line being also parallel to and 53.0 feet: 5(1)t,h of t.he Nort.h 1 i ne of !:',atd Sect,ion 29. find said line .::t.lso beirJg t.he SOllt.h rjght-of-WBV line of SOl]thwes~ 1?~ti S~re~t. R di::,t.ance ,-Jf ~144, 19 fept. t,O:=:t p(;}nt. in t,he We:". t, line of sa iel Lot. HI, Bh.d: 2; t.hence SOlltherlv al.ong t,hA West line of said lJot ]0 and along the West line of Lot 23. of said Block 2. and its Southerly extension and Cl.long r.he WeE:.t. line CJf Lot lu. BlOCK 4. ,.., distance of 287.42 fee~ to an int~rspct.i(ln wi th t,he WeE",t.erly ext,pns j on ot' t,hE-' f.nllt,h J 1 ne (If Lot 6 of said HJ_ClCk 3: thence East.erJy along said Westerly extension thrc1ugh L(I~5 III through 15. inclusive. of said Block 4 and along the said South line of Lot b. blo~k ~. a distance of 488.51 feet to th~ SOl)~heR~~ corner of f~.aid Lot. 8; t,hence N(Jrt,h~r J y a.long the Easterly line of Lots 6. 5. 4. 3. 2. and 1 of said Block 3. it being also the Westerly right-of-w~y line of the Florida ~a~t Coast Railway, ~ distance of 289.9b fpet tCl ~he Point of Beginning. AND EAFSd:.L NO.3 A parcel of land South. Range 43 Florida. more followE~ : in SectioTI 29. Township 46 East,. Palm Beach COllnty. particularly described as Beginning at the Northw~st ~nrner of Lot 1. BlcJck 2. a5 show";-i nn 't.he f'JF:l.t. of WE~~T EL BE. recorded in Plat, Be ~Jk 1~j. F'Ei!?"P ~:~~:~. nf t.he Public Records of Palm Rea~h I~Ollnty. FlclrirlR: thence Eagterly a]_ong thp Nor~h l111e of sairl Block 2. a distance of 15U. 00 f~~t.. t,,-) ~ Foint of Begjnning. con~inuA ~AA~.~l'ly ~lcjng the North line of the said Bl(lc~ %. to the Nc;rt,heast c()rn~r of I,(.)t. ~:,. Block 2. .sfor~p,aid: t,hen(""E' F.out.herly par,~.I 1E-l t,(; t.hf:': West line of said Blo(~k 2. a distance of 253.03 fe~~. more or le~s. to a point. in the cen~er line of t.he right,-nf-wRY for Ridge Street. as shclwn on the aforementioned Plat of WEST FL BE: thence Westerly alnng sairl - 3 - Ord. No. 55-88 center line. a distance of 300.00 feet. to a point in the Southerly extension of the Eastern line of Lot 30 of said Block 2: thence Northerly from said point a distance of 253.03 feet along the Eastern line of said Lot 30. Block 2. and f.he said Southerly extension thereof and the Easterly line of Lot 3. said Block 2. which lines are parallel t,(J t,he West.ern line of ~~,~ld F:l,j,-'l::: 2. t.o t,h~ Point of Beginning: LFSS the right-of-way for SOllthwest 12th Street.; sajrl l~nd sit,uaterl in Palm Beach County. Florida. AND EAECEL NCJ~ A parae I '-,f land fJouth. Ra.nge 4:3 Florida, more follows: in Section /8. l'ownship 46 East. Palm Beach County, particularly d~scribed as Beginning at the NorthwAs1. rnrnAr of Lot 1. Blnck 2. ~s shown on thp flB~ (If WEST EL BE: thence Easterly. along the North line of said Block 2. a dt~t8nce of lR(l.nO feet to the NortheA8~ corner of L,ot 3. Block 2. afore5aid: th~nce Rc;uther]y. parallel to th~ West. linp of sairl Block 2. a distance of 253,03 feet., rnor~ or lA::',~,. t.o;; point. in t,he centerline of the right-at-way for Ridge Street AS shown on the afOTAmentioned PJ~t of WEST EL BE: thence Westerlv along said centerlirJA, a di?,t,:,nre. of lhe1 ()() f~~t, t,n n point in ~he Snu~her]y ~x~en~i'~n elf said West. line of Block 2: ~hence Northerly a distance of 253.03 feet. to the Pojn~ of Beginning: LESS and '(; ,t j nr.] udln~' t.hA ri~rir,-nf-way for Southwes~ 12th Street. The subiect proper~y is located at the ~;ollt,heaE',t corner t)f 1,1 nt,on HC:lil ,i R'v':;rd ,;n.d 5, W. 4t,h Avenue. bet.ween :C,. W. 4t,b Avenue awl f.he F. E. C, Railroad. The above-described p~rcels c;Cl11tAin a 5.72 acre parcel of land. more or le~s. SAr.t,tf:'!..rL---'~_ Tlu::st. thr:- hc;undArj~;::'. of t.he Cit,y of Delray Beach. Florida. are hereby redefined ~n include therein the above-described tract of land and said land is hereby declared to be within the corporate limits nf the City of Delray Beach. Florida. S...e(,~tJ(~.rl.:;, T'lv:~t, S~r;t,i'--ln :iO-):J, of t,r.lF> 7.oning Corlp. h8~: been followed in the p~tahlishm~rlt (~f ~ ~I~lljng classifir.ation in this ordinance and the tract ot land hereinabove described is hereby decl,;red to be in Znning Djs~rj~t. GC (General Commercial) as defined by pxis~ing ordinancP8 of ~hp (~ity of Delr~y Beach. Florida. S~n~inn_4_ ThR~ ~hA l~:irl ~!P1'pinR~)ove describerl shall immediately b~c()rnp ~;llhiA~t, t.,-j ~11 (,f I.ht=-' franchi~es, prlVJlr?oJ?A2., immunit.ieE'" debt,e-,. oblig.::lti.on.c:.;, ]1~r,i]'it_i~.c:.." (jr.rlinance::, and law::,. to which land~; in the Cit,~y'" of Jje]r~? P.~?'i,~h ::::Ire now ()r may be subject.ed and ppr~,ons re?,iding trv:,"ro::-:nn :=;h~ l] be apemen cit.izens of the City of Delrav BeA~h - 4 - Ord. No. 55-88 Sect.ioYJ ~ That this annexation of t.he !>ubject. 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. SectioYJ 6. That all ordinances or parts of ord inances in conf 1 ict herewith be. and t.he same are here by repealed. Se~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 competent jurisdiction to be invalid. such decision shall not affect the validity of the remainder hereof as a whole or part. thereof other than tr,e part declared to be invalid. S..e.Q.t..i.Q.n..J:L. That this ordinancp c.ha] I become effective immediat,ely upon passage on second and final rea,ding. PASSED AND ADOPTED in final reading on this t.he ___... regular S2R~ion on second {jay of _______ and 1988. MAY () R ATTEST: City Clerk First Reading ______ Second Reading ____ - 5 - Ord. No. 55-88 l uRDINANCE NO. 57-bR AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. ADOPTING THE COMMUNITY REDEVELOPMENT PLAN AS AN AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING FOR THE COMMUNITY REDEVELOPMENT PLAN LAND USE MAP TO SUPERSEDE THE LAND USE MAP, DELRAY BEACH, FLORIDA, AS CURRENTLY CONTAINED WITHIN THE COMPREHENSIVE PLAN, FOR THE AREA ENCOMPASSED BY THE COMMUNITY REDEVELOPMENT PLAN, WITH CERTAIN EXCEPTIONS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS. The City of Delray Beach. F~orida. is in process of updating its Comprehensive Plan in compliaQce State law; and. the with WHEREAS. the Community Redevelopment Plan developed subsequent to the formation. in 1985, of Beach Community Redevelopment Agency, and ~e~s for~h a plan for the redevelopment of its target area; and. (CRP) was t.he De lray st.rat.egic WHEREAS. the Community Redevelopment Plan has hereto- fore been adopted by the City Commission of the City of Delray Beach, Florida, by Resolution No. 49-88. passed and adopted on September 9. 1986: and. WHEREAS. t.he afor!7.p,a i d CClrnnilio i t~y~ Redeve 1 opTnp.nt, P10n b..,~; been )~eviewed by the Plannjng and Zoning Hoard and the City Cornrnis:='.ton of i,he City of De.lray HArte-h. Florid", in PllbllC~ h~arjn~s. and reviewed by thR Statp lanrl plAnnin~ Rgency: " i I II II NOW. THERB:FORE. FIR: IT 'JRDA J N~:n F:Y TH8: C [TY COl1NC n. (IF THE C TTY OF DELRAY F:EACH. ~'J .OR IDA. A:". ~'(JI ,: .()\'):".: ::'~5:;-;t.tQn_.J. T:hat, j,hp. t,e.rrit,nt'v l"r-1Vo1ved i:=""~~_~'H~,~'~l,Slt'l 1and cont,ained wlt.hin t.he b013ne].7.irie;::; of t.he C\~}rnrnllni.t.v KI-:':d"'-:\It-::L"P- mant. Area as ;:::At forth wit.bin t,he Cornmunjt.y R~deve]oprn~nt. P1Fifl, ::;~~Gt,i.Q!L~2.., _ 1'h8 t, t,hp. Communi. t.v Rp.dt=':v~ 1 oprnen t. P 121 n . including the CRP fllture land U~A map anrlJand use designRtions, CIS cont.Clined in b~xhihit. "A" at.t.a~hed heret.o and made a part hereof. is hereby adopt.ed as an amendment. t.o t.he Comprehens i VA Plan of the City of Delray Beach, Florida. :"EtGtiOD_.3.<_ That. the Plannin" Dh'ect.or of the Cit.y ..,f Delray Beach shall. upon the effective date of this ordinance. change the Land Use Plan of Delray Reach. Florida. t.o conform with the provisions hereof. SeQ!.i.r!.n..~A~... That all ordinancA5 Or' part.s of ordi.nanr:E:':;:', in conflict herewit.h be. and the same are hereby repealed. SJj_<:'ctcL9_IL_5__... That. should any 2.ect.i(HI nr provi2.ion of this ordj.nance or any portion thereof. any PBr~~raph, ~AntencA, (lr word be dec la1""erl by a COl1rt. of COT1'JP~t,p.nt ,iur 1 ~,rl i {~t, 1. nn to be invalid. such decision shall. not Rffect ~hA validit,y of ~he remainder hereof as a whole or part ~here()f other thAn the part declared to be invalid. Se.QtJQ.D...6.. Th8t, tJhis ()rdi.n,'=i'n(~p ~~h(11] h~CClrn~ effect,ivp. immediately upon passage on Reconct and tinal reRrltng. ~I -11 II I " ii !I Ii Ii il [. f In,~1.]. PASSED AND ADOPTED in reading on this t.hE'..__.... regll1.ar ~,e5sion on SR~(Hlrl ann (1.3:,/ of ________,_..___._~_____. 1988, ~l A Y II R ATTEST: - ---~-"-----._--_.'---_. .- _.__.__.__.-------~-- City Clerk Fin:t R",,,ding __.:_...._m.... :;econd Rearling..___......_ _. ......._._.... .... - 2 - Ord. No. 57-88 " .J EXHIBIT "A" The Ci ty of DELRAY BEACH COMMUNITY REDEVELOPMEN~ PLAN The City of Delray Beach Community Redevelopment Agency The Ci ty of DELRAY BEACH COMMUNITY REDEVELOPMENr PLAN prepared by: Wallace Roberts & Todd, Inc. Economics Research Associates Walter H. Keller Jr., Inc. Casella & Associates The City of Delray Beach Community Redevelopment Agency < j I I I II 'I ORDINANCE NO. 58-88 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 REING IN SECTION 20. TOWNSHIP 46 SOUTH. RANGE 43 EAST. DELRAY BEACH. PALM BEACH COUNTY. FLORIDA. LOCATED ON THE WEST SIDE OF S.W. 10TH AVENUE. BETWEEN S.W. 8TH STREET AND S.w. 7TH ~'.TREET, IF THESE ROAD:? ARE EXTENDED WESTWARD. FROM SF (SINGLE FAMILY) TO RM (RESIDENTIAL MEDIUM TO MEDIUM HIGH); AMENDING THE LAND USE PLAN; PROVIDING A GENERAL HEPEALER CLAUSE; PROV[DING A SAVrNG CLAUSE; PROVIDING AN EFFECTIVE DATE NOW.' THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. AS ~uLLOWS; ~ Se~ttnn 1. That the legal des~ription of the subJect property is as follows; The East One-Half 26. Subdivision South. R.9.nge 43 Florida. LESS the of the Wes t l)ne- Ha If of Lot of Section 20. Township 46 Eas t. . Pa 1m Beac h County, following parcel of land: Using a bearing reference from Plat of ROSEMONT GARDENS UNIT B. showing S. W. 8th Avenue to be South 00 Degrees. 31 Minutt'ls. 00 Se~onds West. thAn running from t.he intersec- t>inn of S. W. 8th Avenue "'-nd S. W. 4t.h St.reet In direction South 89 Degrees. 59 Minutes. 45 Seconds West for 687.00 feet to a point. thence running Sout.h no Degrees. 17 Minutes, 35 Seconds West for 665.68 feet to the Point of Beginning on the Northeast corner of the West One-Half of Lot 26. Section zn. Township 46 Sout.h. Range 43 F;.r.st. as rec')rded in Plat Book 1. Page 4. nf the Public Records of PlIlm Belich Count.y, Florida; then'~e run SOllt.h nn Degrees. 17 Minutes, 35 Se~onds West.. 665.63 feet; thence run S,)uth 89 Degrees. 29 Min- utes. 45 Seconds West. 67.47 fAet; thence run North 47 Degre.,s. 44 Minutes. 45 :~econcls East. 33.28 fe",t.; thence run Nor.th 05 De- grees. 59 Minutes. 45 S",conds E"'-st. 180.57 feet; thence run North 00 Degrees. 17 Min- Ilt.AS. 35 Seconds F:ast.. 464.15 feet to a point nn the Nort\'l line of the We~,t. One-Half of ~aid [~t 26; thence run North e9 Degrees. 44 Minutes. 23 Spconds East. 25.00 feet to the Point of Beginning, Public Rpc:nrdR of Palm Beach County. Floridll. The ahove described par"",] ~nnt..~ins a 4. 'ff:! a~re p"'-r.cAl nf land. mor... or l..ss. ~..c;tJ9.n.__2.,_ tton of the subJect is hereby changed to High) . That t.he LF.lnd proper.ty in th", RM (ResidentiF.ll flse Pllln designa- Comprehensive Plan Medium to M",dium eP,~ ~:~~c~tj,-C~D__.'3.,_ ThR.t, t.he FJ .?Inn in'? ni t'~ct.nr of t.h~ (;1 ty (Jf Delray Beach shall. l_lpon the effActjv~ Ij~te of ~hiR ('>rrlinR.nce. ch.t;i.nge the LarJd fJf',f? Plan of Delt'.,y Re,~(:h, 8'lnri.d.'=;,. 1:.n cC'lnf(Jrrn with the provisions hereof. :~ct,lnn ..4..'_' That all ordinance:" or part:" of ordinanc"", in conflict herewith be. and the same Are hereby repealed. 5.f'[.'.t.i_QlL1i~_ That should ony sectiot'1 or provi",.ion of this ordinance or any pnrtion therenf. ony paragraph. sentenc". or word be declared by a Court of competent Jurisdiction tn 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. 5-'~Qti(m R.. That this ordinl\nce 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. -_. ---- .-------.-.---- - ------------.--- MAY 0 R ATTEST: .. --- .----.--.. --------.---.-- -'--- City Clerk il First Reading '__ Second R~-!id j ng ___'___n___ - 2 - Ord. No. 58-liS JRDINANCE NO. 59-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY AMENDING SECTION 30-1, "DEFINI- TIONS", BY AMENDING SUBSECTION 40, "FRONTAGE", TO ELIMINATE THE POSSIBILITY THAT A PROPERTY LINE ADJACENT TO A PUBLIC STREET WHICH HAS A LIMITED ACCESS EASEMENT RUNNING ACROSS IT, WOULD BE CONSID- ERED FRONTAGE LINE OF THE LOT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Chapter 30, "Zoning", Section 30-1, "Definitions", Subsection 40, "Frontage", be amended to read as follows: (40) Frontage. The shortest property line adjacent to a pUblic street except for property lines which abut a major or minor thoroughfare, in which case the major and/or minor thoroughfare lot line, or line, shall be deemed the frontage. Notwithstandinq the previous sentence if a property line adjacent to a public street has a limited access easement. running the lenqth of such adjacent property line, in favor of and accepted by the City, such line shall not be deemed the frontage. Section 2. That all ordinances or parts of ordinaces in conflict herewith be, and the same are hereby repealed. Section 3. Should any section or provision of this ordi- nance 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 to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED reading on this day of in regular session on second and final , 1988. MAYOR ATTEST: City Clerk First Reading Second Reading ~3 : C I T Y COM MIS S ION DOC U MEN TAT ION TO: G:L\ ~ARR1 :::AGER DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF JULY 12, 1988 AGENDA ITEM RECOMMENDATION OF THE PLANNING AND ZONING BOARD TO AMEND THE P.C.C. ZONING DISTRICT REGULATIONS ACTION REQUESTED OF THE COMMISSION: To accept the Board's recommendation, to prepare an enacting ordinance, hearing date (July 26, 1988). direct the City Clerk and to set a public BACKGROUND: The P.C.C. zoning district has been around for quite awhile. The first project to use the zoning was Congress Park South and a site plan was approved under this zoning in 1982. In 1985, major changes were made to the P. C. C. regula tions and it took its present form. Subsequently, the Delray Park of Commerce (Cedarwood) was planned under the current P.C.C. regulations. Cedarwood has consistently desired changes to the regulations. Finally, the Planning and Zoning Board initiated a zoning code amendment to revamp the district. The amendment was developed in concert with Cedarwood. The proposed text is attached along with pertinent Planning and Zoning Board staff reports. During review of the proposal, it came to light that Congress Park is designed in such a manner that it does not comply with the existing code nor with the amendments. In order to handle this situation, it has been suggested that Congress Park South be rezoned S.A.D. and reflect the 1982 development standards under which it was originally approved. Z~ To: Walter v. Barry, City Manager Re: Meeting of July 12, 1988 Agenda Item ____ Recommendation Of Planning And Zoning Board To Amend The P.C.C. Zoning District Regulations Page 2 PLANNING AND ZONING BOARD RECOMMENDATION: The Board considered this item on June 20, 1988 and continued action to June 27th. At that time, on a 4-0 vote, the item was forwarded with a recommendation of approval. Some changes were requested by Cedarwood and they were granted. The attached text reflects all changes which have been recommended for approval. There was no public comment other than from agents of Delray Park of Commerce and from Congress Park South. It appears appropriate to proceed to first reading at this time. RECOMMENDED ACTION: By motion, accept the Board's recommendation, direct the City Clerk to prepare an enacting ordinance, and set a' pUblic hearing date (July 26, 1988). Attachment: P&Z Staff Report of June 20, 1988 updated PCC text REF/DJK#25/B:CCPCC.TXT M E M 0 RAN DUM S T A F F R E P 0 R T FROM: PLANNING AND ZONING BOARD ~F DELRAY BEACH ~f~~~t} ~~~k DEPARTMENT OF PLANNING AND ZONING TO: SUBJECT: AGENDA ITEM III.G REGULAR MEETING OF JUNE 20, 1988 PROPOSED TEXT AMENDMENT TO THE P.C.C. ZONE DISTRICT ITEM BEFORE THE BOARD: The action requested of the Board is that of making a I recommendation on a proposed amendment to the text of the PC. C Zone District requlations. The Board's recommendation is to be made following a public hearing which has heretofore been properXy noticed. Noticing included mailing of a notice to property owners within 500' of property which is zoned or will be zoned PCC upon adoption of the' proposed amendment. BACKGROUND: The genesis of this item originated from a request by Cedarwood (owner of one of two partially developed PCC complexes) for several modifications to the current regulations. Since processing the requests involved substantial noticing requirements, it was felt that a complete overhaul of the PCC regulations would be appropriate. To that end, the Board at its meeting of April 18, 1988, formally initiated a zoning code amendment to amend the PCC district regulations. The proposed district regulations reflect the joint efforts of the Planning Department, Cedarwood's local architectural agent (Jim Johnson), and the Planning and Zoning Board. 1ff, G. l To: Planning and Zoning Board Re: Agenda Item III.G Regular Meeting of June 20, 1988 Proposed Text Amendment to the P.C.C. Zone District Page 2 CRITICAL COMMENT: Use Allocation: The following table illustrates the difference in use categories and allocations between what exists and what is proposed. Category Existinq Proposed Pure Office Area 50% TFA --------- Retail in the Pure Office 10% per bldg. --------- Office Center ------ 50% TLA Light Industrial/R&D 100% --------- Light Industrial ------ 50% TLA Industrial retail outlet ------ .~. FA/tenant Office/Service Area 15% TFA --------- f Service Industry ------ .25% TLA Retail in Service/I areas ------ 10% of FA/bldg. Commercial Node 10% TFA --------- Retail Center ------ 10% TLA Research & Development ------ 100% TFA = TLA = FA = Total Floor Area (within the PCC) Total Land Area (within the PCC) Floor Area Assuming that it is desired that the PCC affords a quality industrial/office park with a research and development flavor, the following scenarios could occur under the existing and proposed regulations. Worse case existing = 85% light industry (or 100%) 15% office service - proposed = 50% light industry 25% service industry 10% retail 15% office center Probable case given current community situation - existing = 10% retail 15% office service 50% office 25% light industry - proposed = 10% retail 25% service industry 50% office 15~ light industry . To: Plannir. _ and Zoning Board Re: Agenda Item III.G Regular Meeting of June 20, 1988 proposed Text Amendment to the P.C.C. Zone District Page 3 In either case pure research and development use could consume 100% of the PCC.' However, land use allocations are dictated by the City at the time that the Master Development Plan is approved; thus, the actual allocations are controlled by the City. The proposed regulations significantly increase flexibility within the PCC district. This is accomplished through: a) increasing the land area available for service industry use b) allow~ng pure R & D uses to located anywhere in the PCC regardless of the underlying MDP land use designation. Further, there is a more exact definition provided to the use categories and the R & D category is extracted from the light industry category. Other Areas of Chanqe: ( The method of processing the Master Development Plan (even the fact of requiring one and defining what it is) is laid out. At present only the standard site plan process applies. Variances and waivers may be granted by the City Commission instead of the Board of Adjustment this facilitates processing, accommodates the uniqueness of a "planned development", and avoids the. problercr.s with the limited criteria which the Board of Adjustment is limited to in assessing variance requests. Changes are proposed to the minimum lot sizes for Office (2 acres to 1 acre) and Light Industrial (2 acres to 1 acre). Changes are proposed to the minimum floor area requirements for Light Industrial (from 5,000 sq. ft. to 1,000). Lot coverage requirements are clarified. Provisions are made to allow overhead doors facing 1-95. "Limited Retail Uses" are added to permissible uses in the Service Industry category. This has been done at the request of the Cedarwood representative and is not supported or opposed by staff. Provisions are made for existing PCC' s to comply with the MDP requirement. I To: Planninc .nd Zoning Board Re: Agenda Item IIi.G Regular Meeting of June 20, 1988 Proposed Text Amendment to the P.C.C. Zone District Page 4 ASSESSMENT: In general, the proposal attempts to provide more flexibility in uses and working with the administration of the PCC. It also provides for a better initial definition and for better control of a PCC through the Master Development Plan (MOP). It appears workable and beneficial to the City and to private parties who may developed pursuant to it. ALTERNATIVE ACTIONS: Hold the public hearing and then 1- 2. Continue with direction and to a time certain Forward to the City Commission with a recommendation of f approval with any changes which Board Members feel appropriate. 3. Terminate consideration. RECOMMENDED ACTION: Board discretion. Attachment: proposed text amendment draft dated 6-13-88/DJK REF/DJK*22/B:PZPCC.TXT PROPOSED REVISIONS TO THE P.C.C. ZONING DISTRICT REGULATIONS DRAFT THREE DJK/07/05/88 Items marked "." reflect new or significantly modified material. Section 30-15.2 PCC PLANNED COMMERCE CENTER DISTRICT (A) PURPOSE The PCC District regulations provide for a mix of light industrial, service industrial, research and development, office, and limited commercial use in an Industrial Park setting which is planned and then controlled through a Master Development Plan. It is desired that the existence of the PCC Zoning District will encourage the planning and development of such commerce centers which will provide employment opportunities for the residents of the Greater Delray Beach community. The PCC District shall be applied to property which is best · suited for light industrial land use, is shown as Industrial on the City's Land Use Map, and is situated in proximity to the arterial street system of the community. (B) PREREQUISITES: In order for land to be rezoned to and/or developed pursuant to the PCC designation, the fOllowing criteria must be met: (1) The property within the proposed PCC designation shall be under unified control (an individual, partnership, joint venture or corporation; or group of individuals, partnerships, or corporations). Any rezoning, master development plan, or site plan request shall include legal documents, acceptable to the City Attorney, which constitute evidence of unified control of the entire area within a proposed PCC. ( 2) The applicant must be able to bind the entire area within a proposed PCC to the terms, conditions, uses, and site development plan as approved in the Master Development Plan. (3) The area proposed for inclusion within a PCC must be a minimum size of ten (10) acres. , (C) MASTER DEVELOPMENT PLAN * (1) General: The development of a PCC shall be governed by a Master Development Plan (MDP). The MDP shall consist of a narrative; a land use. map; conceptual site, landscaping, and utility plans; and conceptual elevations and architectural information. * ( 2 ) Process: A MDP shall be processed pursuant to 30-22-(C) PROCEDURES FOR SITE AND DEVELOPMENT PLAN REVIEW. A MDP shall be subject to the terms and conditions of 30-22- (E) SITE AND DEVELOPMENT PLANS _ TIME LIMITATIONS. A MDP may be modified pursuant to 30-22-(F) MODIFICATIONS OF APPROVED SITE AND DEVELOPMENT PLANS. A MDP shall be the guide for any subsequent site plan or subdivision action. A site plan shall be required for any phase or the entire area encompassed by a MDP. The site plan shall be processed as a MODIFICATION OF AN APPROVED SITE AND DEVELOPMENT PLAN (30-22-F). A subdivision plat shall be processed pursuant to the SubdivisIon Regulations of the City (Chapter 24 of the City Code). The conceptual landscaping plans, plans, conceptual elevations, architectural aspects of a MDP must Community Appearance Board. final landscaping signing, and be approved by the * Variances and waivers to the requirements of this Section 30-15.2 and supplemental district regulations, referred to herein, may be granted by the City Commission concurrent with approval of the Master Development Plan (MDP) without the requirement of a public hearing. ( 3 ) Submission Requirements: constitute the submission Development Plan (MDP). (a) General: The fOllowing items requirements for a Master general application form processing fee as set by the City Commission last recorded Warranty Deed certification of fee ownership designation of agent documentation as to unified control documentation as to ability and intent to bind successors _ 2_ " legal survey, prepared by a surveyor registered in the State of Florida, Showing the fOllowing: accurate legal description acreage computed to nearest one-tenth of an acre all eXisting improvements on the site location of the centerline of adjacent rights-of-way location of easement both of record and apparent rights-of-way area survey, showing the following: a tree survey on-site and adjacent topography points of ingress/egress on adjacent property and property across adjacent streets location of structures on adjacent parcels existing water mains, sewer mains, and drainage devices adjacent streets including both rights of way and pavement locations traffic impact analysis location of wellfield impact zones (b) Land Use Map: A graphic representation of the entire site which shows or provides: - a location map - internal street system - adjacent street system and parcels and the uses thereon - project name - development areas identified by land use categories as defined in 30-l5.2-(D) - the general location of major water, sewer, and drainage devices required for the project - legend and tabular data regarding land areas devoted to uses (streets, open space, type of use, etc.), square footage of building use per land use category, and phasing schedule. 3 ." (c) Conceptual Plan(s): A graphic representation of the entire site, phases thereof, or development areas which shows: - the relationship between the entire site and adjacent parcels - the relationship between development phases and/or internal development areas - traffic circulation, parking areas, building locations, landscape areas, and utility facilities -'Elevations depicting architectural styles for the proposed development and information regarding architectural details e.g. building materials, pavement textures, signing materials, lighting fixtures, street furniture, etc. - The conceptual plans shall provide sufficient detail to assess the items listed in 30-21-(G) (5) - More specific conceptual plans for site development, landscaping, or utilities may be required by the Planning Director as they are warranted - Completely detailed site plans, landscaping plans, utility plans, and elevations may be provided, at the discretion of the applicant, in lieu of conceptual plans; thus, accelerating the review process. ." (d) Narrative: The narrative shall set forth the following: - General information about the - Statement of character of the specific objectives regarding community - Statement as to uses - Phasing sequence, if any, including phasing of the installation of public improvements - Variance, waivers, special exceptlons or other concessions requested for the project - Statements pertaining to payment of processing, in lieu, impact, and special fees - Statements pertaining to anticipated processing and review sequences project project and impact upon its the _ 4_ l - Statements pertaining to initial contact with service providers and/or agencies involved with storm drainage, water management, solid waste disposal, and related items as is appropriate - Statements regarding developer responsibility for off-site improvements - Statements pertaining to compliance with County and City Wellfield Protection requirements, and Hazardous Waste Disposal requirements (4) Master Development Plan of Record: Upon approval of a MDP, the approved MDP shall be stamped and certified by an official of the City as to its status. Subsequent to approval of a MDP, all further submissions for review and permits shall conform in every respect with the MDP except as it may be officially modified pursuant to Section 30-15.2-(C) (2). For areas which are zoned as PCC at the time of approval of this section, a MDP is required to be prepared by the property owner, or his agent, and submitted to the Planning and Zoning Board for approval. The MDP may be processed as either a minor or major site plan modification, as is appropriate for the case at-hand. The MDP shall be evaluated against the site plan for record for the.existing PCC. The MDP required under this subsection must be made of record prior to September 1, 1989. Failure to obtain a MDP of record shall be cause for the Building Department to not issue building permits for further development or modification to existing development within an eXisting PCC. (D) ALLOWED USES: Use areas as identified herein shall be depicted upon the land use map component of the Master Development Plan (MDP). Thereafter, uses identified as being allowed in a specific land use area are allowed pursuant to provisions of the narrative and this Section 30-15.2 of the City Code. ., The list of specific uses allowed within a specific PCC shall be established in the narrative portion of the MDP. Alterations to the list of specific uses may be made through the site and development plan modification process. (1) Office Center: The "Office Center" aspects of a PCC may comprise as much as fifty percent (50%) of the total land area within an entire pee District. Uses identified in this subsection can only be located in that area of the Land Use Map which is depicted as "Office Center". Such uses are exclusive of the storage of materials used off-site or sold in the associated trade and/or the repair of same. These uses are: 5 Business Offices e.g. travel agencies, bookkeeping agencies, general office location for an individual, partnership, or corporation; Educational Facilities e.g. vocational schools, commercial schools (sales, real estate, personal development, etc). Financial Institutions e.g. banks, savings and loan establishments, brokerage firms Medical Offices e.g. physicians, dentists, chiropractors, podiatrists, optometrists, etc Professional Offices e.g. attorneys, engineering firms, architectural firms, real estate agencies, consultation services, accounting firms, etc. Licensed Child Care Centers * (2) Light Industrial Areas: Manufacturing, fabrication, assembly, wholesale, and' distribution uses are permitted within a PCC. Such uses, as further identified in this subsection are only permitted in those areas identified as "Light Industrial" on the land use map component of the MDP. All aspects of these uses must be carried out within a structure. In keeping with the intent of the PCC to involve a mix of uses, light industrial areas within a PCC are limited to fifty percent (50%) of the total area of that PCC. Manufacturing -- The processing of raw materials to create final products for distribution and which either involve or result in the following: Materials ceramics and plaster fiberglass glass leather tobacco wood Processes millwork (woodwork) welding 6 Products appliances bakery products beverages, alcoholic and nonalcoholic cabinets clothes computer chips and computer components cosmetics dairy products dry ice electronic components furniture ice optical pharmaceuticals signs of all/any materials sporting goods textiles toys Fabrication and/or Assembly -- The working or combining of processed or manufactures materials or parts which are then prepared for distribution for sale. All processes and products identified under "manufacturing" are permitted as are the following: Processes: assembly of mechanical and/or component parts bottling engraving machine shops printing repair of damaged goods and products which may have been manufactured on the premises Products: communication devices (radio, television, cameras) confectionaries metal goods precision instruments newspapers, books, periodicals _ 7_ Wholesaling, Storage, and Distribution The wholesaling, storage, and distribution of any products which may be manufactured, assembled, or fabricated on the premises. In addition, the fOllowing items may be wholesaled, stored, or distributed from or within the Light Industrial areas of a PCC: cold storage frozen food lockers, including personal lockers household furnishings and goods Other Processes -- The following processes may also be conducted within the Light Industrial areas of a PCC: dry cleaning laundries tailoring * (3) Research and Development: Research and Development uses involve either some degree of product creation, testing, evaluation, and development or the provision of testing and evaluation services for use by others. The term "research and development use" does not include the actual manufacture, assembly, fabrication, or other processing techniques which result in either the direct wholesale or retail distribution of products from the premises; examples of such uses or resulting products include: Product creation, testing, evaluation, and development... computer hardware computer software pharmaceuticals Research and development services calibration laboratories or services chemical laboratories commercial testing laboratories soil laboratories scientific research laboratories 8 l The following uses are also considered as Research and Development uses for the purposes of being permitted within a PCC: broadcast studios and facilities communications facilities and equipment motion picture and theater production including the creation of props, costumes; filming and rehearsals; storage; and screening and editing. facili ties scenery, attendant * (4) Service Industry: Service Industry uses are those which are primarily engaged in providing an off-site service but which maintain inventory, storage of materials, and a business office at a central location. Repair of equipment and materials associated with the service is also permitted at this central location. The area which may be devoted to "Service Industry" uses within a PCC is limited to twenty-five percent (25%) of the total land area of that PCC. All aspects of these uses must be accommodated within a structure. Uses which are allowed within the "Service Industry" classification include: Assembly, fabrication, wholesale, and storage per Subsection D2 when such use is limited to no more than 5,000 square feet per tenant. Land Development Services e. g. surveying, soils testing, mapping, architectural, engineering. Contractor and Trade Services e. g. general contractor, electrician, plumbers, heating and air-conditioning specialists, swimming pool maintenance, landscaping services, exterminators, equipment and tool rental. Repair of office equipment e.g. typewriters, computers, data processing equipment, Business Services e.g. photocopying/printing, photofinishing, provision of office equipment and furnishings, delivery services, computer and data processing services. Limited Retail Trade only as a secondary use wi thin anyone building, but only to the extent that the floor area for all retail use (either accessory to a service industry use or not) shall not exceed twenty-five percent of the floor area of the total building. Although the intent of the PCC does not encourage retailing of items other than at the designated "retail center", additional _ 9 _ retail uses may be allowed in the Service Industry areas shown on the MDP. Such retail use may involve the sale of products associated with an established service industry use or may involve any of the fOllowing products: apparel and accessories appliances baked goods building materials and garden supplies camera and photographic equipment and supplies furniture and home furnishings hobbies, games, toys jewelry, gifts, novelties luggage and leather goods radio, television, and communication products sporting goods. (5) Retail Center: A "Retail Center" may be a part of a PCC. It must be designed in such a manner that all access to it is from streets which are internal to the PCC. A "Retail Center" may not occupy more that ten percent (10%) of the total land area within a PCC; however, in no event, shall a "Retail Center" exceed 30,000 sq. ft. in floor area. The character of a "Retail Center" in a PCC should be such that it accommodates the other uses within the PCC. As such a "Retail Center" is restricted to the following uses: Personal health services e.g. barbershop, beauty shop, salon, pharmacy, physical fitness centers Personal services e.g. dry cleaning pick-up, laundromat, tailoring Licensed Child Care Facilities Financial Institutions e.g. banks, S & L, brokerage firms Personal Convenience Services e.g. florists, gift shops, hobby shops, newsstands, photo services and supplies, tobacconist, Restaurants Speciality food shops Liquor stores * (6) Supplemental Uses: The fOllowing uses are allowed within any of the above use areas provided that they are of such a scale, design, and location to cater to the needs of employees of the industrial park or to otherwise meet the rational stated herein. Space allocations for these uses shall be identified during site plan approvals. These uses may not be established in areas other than as shown on approved site plans. 10 . * * Lunch counters, snack bars, and vending machine areas Classroom and training facilities Licensed Child Care facilities Sundry shops Retail outlets for the sale of items manufactured, assembled, fabricated, or otherwise produced on-site; provide that the floor area dedicated to such a retail outlet shall not exceed ten percent (10%) of the area used for the production of the product or products of a business; and, in no event, shall such uses exceed one thousand (1,000) square feet in area. This restriction does not apply to the Service Industry land use areas. See D. 4 regarding retail use allowances in the Service Industry areas. (E) DEVELOPMENT STANDARDS: * The following standards shall be adhered to in the development of a PCC. Waivers and variances to these standards may be approved by the City Commission concurrent and as a part of the approval of a Master Development Plan (MDP); however, such waivers and variances are permitted only to the extent that they would be allowed pursuant to the authority of the Board of Adjustment. It is the intent of this subsection to establish minimum standards for development within the PCC Zone District. When considering a Master Development Plan (MDP) in any Planned Commerce Center (PCC) development proposal, the Planning and Zoning Board may recommendation and the City Commission may attach suitable conditions, safeguards, and stipulations to address the specific characteristics of the site and potential impacts of the proposed development. Subsequent to approval of a MDP, all subsequent submissions for reviews and permits shall conform in every respect with the MDP except as it may be officially modified pursuant to Section 30-15.2-(C)(2). * (1) Standards Pertaininq to Allocation of Uses: (a) Office Center shall not encompass more than fifty percent (50%) of the total land area within a PCC; (b) Light Industry shall not encompass more than fifty percent (50%) of the total land area within a PCC; (c) Service Industry shall not encompass more than twenty-five percent (25%) of the total land area within a PCC; - 11- (d) Research and Development is not limited with respect to the amount of land area devoted to it. Further, such use may be placed within any of the "land use areas" depicted on the MDP. (e) Retail Center shall not encompass more than ten percent (10%) of the total land area within a PCC; and, in no event, shall such use exceed more than 30,000 square feet in gross floor area. (2) Standards Unique to the PCC District: Where standards unique to the PCC District conflict with standards contained elsewhere in the zoning, subdivision, and landscape code occur, the standards of this Section 30-15.2 (E)(2) shall apply. (a) Minimum Parcel/Lot Size: a PCC, in total, must be comprised of at least ten acres of land prior to computation ' of area required for public dedication purposes. any use area within a PCC must have lot area of one acre exclusive dedicated for public purposes (b) Minimum Floor Area: a minimum of land tenant space for uses in industrial designation must have 3,000 square feet. Research and and service industry use areas minimum of 1,000 square feet per the light a minimum of development, must have a tenant. there are no minimum requirements for office and commercial uses. (C) Lot Coveraqe: By structures....a maximum of 50% of the area of any individual lot. For open space...a minimum of 25% of the area included within the final perimeter boundary of a MDP. Landscape areas required to meet parking lot design requirements, and paved areas shall not be included in the calculation of this 25% open space requirements. 12 1 . (d) Perimeter Development: A landscape boundary shall be provided around each PCC. Parking, structures, perimeter roadways, and other paving is not permitted within this peripheral greenbelt except for bicycle paths, sidewalks, jogging trails, and driveways or access streets which provide ingress and egress for traffic and which are generally perpendicular to the greenbelt. The width of the greenbelt shall be as follows: Absolute minimum ............ 25 feet When adjacent to a collector or arterial street ......... 30 feet When abutting residentially zoned property.............. 40 feet When adjacent to to but separated from residentially zoned property by a street, waterway, alley, railway or park ............ 25 feet (e) Setback Requirements: Building setback requirements shall be established as a part of the MDP. Minimal setback requirements shall be the the rule provided that a) landscaping standards between buildings and perimeter boundaries are maintained; and, b) sight distance with respect to vehicular movements is adequate. (f) Truck and Equipment Storage: Trucks in excess of one (1) ton carrying capacity shall be parking in rear or interior side yards. They shall be screened from the view of adjacent properties or any (adjacent) public right-of-way pursuant to Code Section 30-20. Industrial equipment (including bulldozers, cranes, drag lines, derricks, tractors, and other implements for moving equipment or construction) must be stored within fUlly enclosed buildings overnight or when otherwise not in use, or they shall be screened from the view of adjacent properties or any (adjacent) public right-of-way pursuant to requirements which may be specified within the Master Development Plan, as approved. .. (g) Overhead Doors: from facing a exception of the Overhead doors are public right-of-way right-of-way of I-95. prohibited with the (h) Undergrounding of Utilities: Within the boundary of a PCC all utilities, including telephone, television cable, and electrical systems shall be installed underground. _13 . Primary facilities providing may be exempted from requirement. service to the site an undergrounding Appurtenances to utility systems which are normally located above may be exempted from an undergrounding requirement; however when located above ground they shall be screened in a manner approved by the Community Appearance Board. (i) Maintenance of Common Areas: All common open space shall conform to its intended use, per the MOP, through deeds, covenants, or other arrangements, as approved by the City Attorney, and which run with the land. ( 3 ) Supplemental District Regulations: The supplemental district regulations, as found in City Codes shall apply within the PCC 'Zone following elsewhere ' District. '" (a) Buildinq Heiqht: See Code Section 30-17-(A) (b) Parking Rqrnts: See Code Section 30-18 (c) Loading Rqrnts: See Code Section 30-19 except that all loading and unloading operations shall be accommodated in the interior side yard or rear yard areas. These areas shall be located and screened so as to minimize visibility from adjacent property and public rights-of-way. (d) District Boundary Lines: See Code Section 30-17-(J) except that the provisions of 30-15.2-(E)(2)(d) shall take precedent if conflicts occur. (e) Landscaping: See Chapter 9, Article X of the City Code. (f) Signing: See Chapter 9, Article VIII of the City Code (g) Minimum Distance Between Buildings: A minimum distance of twenty-five feet (25' ) must be maintained between all buildings within a PCC. (h) Walls, Fences, and Hedges: See Section 23-4, Chapter 23, Article I of the City Code. '" END OF CODE SECTION 30-15.2 REF/DJK#20/B:PCCTEXT.TXT 14 . C I T Y COM MIS S ION DOC U MEN TAT ION ~\ TO: ~ALTE~ O~ BARR!, /CITY MANAGER l C'-" \, -i4: '-- c (' I FROM: rD J. KOVACS, DIRECTbR: DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JULY 12, 1988 AGENDA ITEM RECOMMENDATION OF THE PLANNING AND ZONING BOARD TO AMEND THE MASTER PLAN FOR THE DELRAY PARK OF COMMERCE P.C.C. ACTION REQUESTED OF THE COMMISSION: Approval of a proposed change Delray Park of Commerce P.C.C. Tract N from "Commercial Node" to the Master Plan for the changing the north part of to "Low-Rise Office". BACKGROUND: This item was requested by Cedarwood, developer of the Delray Park of Commerce. It is hoped that following approval of this change, Florida Power and Light will locate its regional headquarters at this site. The request does not appear to be significant in terms of the overall PCC since it diminishes commercial area and provides space for a facility which is more of an "employer". Thus, the change is consistent with the overall intent of PCC zoning. PLANNING AND ZONING BOARD RECOMMENDATION: The Board forwarded approval. considered this item on June 20, 1988, it with blessings and a recommendation There was no public comment before the Board. and of RECOMMENDED ACTION: By motion, approval of the request as recommended by the Board. Attachment: P&Z Staff Report of June 20, 1988 '-y(' I . M E M 0 RAN DUM S T A F F R E P 0 R T TO: ~ANNING AND ZONING BOARD ctTY OF ~EL~Y BEACH " )0-0~j .)(CluCa..~ FROM: ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: AGENDA ITEM IV. F. REGULAR MEETING OF JUNE 20, 1988 AMENDMENT TO MASTER PLAN FOR THE DELRAY PARK OF COMMERCE MASTER PLAN ITEM BEFORE THE BOARD: ; The action requested of the Board is that of making a recommendatio1 on a change in land use designations on the Master Plan which hat previously been approved for the Delray Park of Commerce (Cedarwood Companies) . Attached is the letter from Cedarwood which requests the amendment. The request involves 3.055 acres which is that part of Tract N lying north of the entrance drive (off Congress). The land use designation which exists is "Commercial Node"; the requested designation is "Pure Office". ANALYSIS OF THE REQUEST: The P.C.C. Zone District allows up to 50% of the land area within a project to be designated as "Pure Office" (30-15.2-D-1). At present Tracts B,C,R and M are designated for "Pure Office" use. Tract M is adjacent to that part of N which is proposed to be changed. See the attached map location of tracts and their use designations. Section 30-15. 2-D-1 requires that office tracts be identified as "low rise" or "mid rise". The proposed use is to accommodate the Florida Power and Light regional office; thus, the low-rise designation appears appropriate. Also, Tract M, immediately to the north is designated as low-rise. (Low-rise indicates buildings of one and two story height). :uI, r: l . To: P:anning and Zoning Board Re: Agenda ~em IV. F. Regula~ ~eeting of June 20, 1988 Amendment to Master Plan for Delray Park of Commerce Page 2 The current land use allocations within this P.C.C. are: Pure Office 18.1 acres 245,500 sq.ft. 47% * Commercial Node 5 acres 15,000 sq.ft. 3% * Office Service 7.8 acres 75,000 sq.ft. 14% * Research & Dev. 13.8 acres l87,500 sq.ft. 36% * If the request is approved, the allocations will be: Pure Office 21. 5 acres 273,500 sq.ft. 51% * f Commercial Node 1.6 acres 5,000 sq. ft. 1% * I Office Service 7.8 acres 75,000 sq.ft. 14% * Research & Dev. 13 .8 acres l87,500 sq.ft. 35% * * denotes % of floor area of total project. The requested change will create a land use allocation which is contrary to the P.C.C. regulations. A .55% excess of potential office floor area will require adjustments at the time Tracts B&C. or R develop. The requested change will not intensify traffic volumes or sUbstantially affect traffic movement in that the approved designations and proposed designations are nearly equal in terms of traffic generation and hours of operation. RECOMMENDED ACTION: This item appears to be quite straightforward. FOllowing approval of the change to the master plan, a formal site plan will be submitted for development of this part (N2) of Tract N. By motion, recommend to the City Commission that the north portion of Tract N, hereafter to be referred to as N2; . be changed from "Commercial Node" to "Pure Office" with the sUbdesignation of "low-rise". This recommendation is based upon the following findings: 1 . To: Planning and Zoning Board Re: ~genda . em IV. F. Regulal .eeting of June 20, 1988 ~endment to Master Plan for Delray Park of Commerce Page 3 1. overall compatibility with the approved project and the land use allocations permitted in the P.C.C. district regulations; 2. compatibility with the parcel immediately to the north which is designated as "low-rise office"; and, 3. that the proposed different than the traffic impacts. designation is not substantially existing designation in terms of Attachments: letter of June 1, master plan tract 1988 from Cedarwood Companies I map with current land use designations. REF/DJK*22/B:POFC.TXT I . Ceaarwood COMPANIES A Multi.S.mc, Rllal btat, DnNllopmml Firm South Florida District Offic~ 715 North Congreu Avenue Delray Beach. Florida 35445 ('OS) !6S.19S0 Anthony A. Petrarca PrC'Sid~n[ June 1, 1988 David Kovacs Director of Planning City of Delray Beach 100 N. W. 1st Avenue Delray Beach, Florida 33444 1 I Dear Dave: The Cedarwood Companies requests that the site plan for the De1ray Park of Commerce be modified as follows: Change the portion of Tract "N" lying North of the entrance drive approximately 3 .035 acres from retail to pure office. The reason for this request is to provide for a regional office for Florida Power & Light Company. The facility is anticipated to contain approximately 30,000 square feet with room for expansion for an additional 8,000 square feet. The facility will have a drive-thru convenience window. I appreciate your assistance in this matter. U2er~lO~. y : Robert A. Lil~ Regional Director of S. E. Florida RAL/lc \\CCE.\\JEO JU" " '2 ~~ " p,'" \ \ ;"'1\ t~:: .-, '," n.. Offie,s auo 1ft: A'4ron. West Palm B,ach . Orlando. M.".plW . Indianapolis I , "v LAKE IDA PAF;Y OF COMMERCE TRACT APPROVED USE ACERAGE EST SQ. FT. NEW USE NEW SQ. FT. TRACT R OFFICE 5.39 70,000 TRACT N RETAIL 1. 60 5,000 TRACT N RETAIL 3.38 OFFICE 28000 TRACT M OFn CE 6.60 86,000 *' TRACT K OFFICE SERVICE 5.11 50,000 TRACT J OFFICE SERVICE 2.67 25,000 '" TRACT H R&D LI 2.00 25,000 -l< TRACT G R&D LI 2.79 40,000 TRACT F R&D LI 2.69 40,000 r TRACT E R&D LI 2.95 40,500 TRACT D R&D LI 3.32 42,000 TRACT C OFFI CE 2.94 45,000 1 -ie''. ~L" \ ',' TRACT B OFFICE 3.20 44,500 i"" . -::Tc'hr -:!-,.\ .. ''..' 44.64 513,000 I . Site Plan DELRAY PARK OF COMMERCE LAND USE DESIGNATIONS TRACT TRACT G F ~N- TRACT .. i TRACT TO BE CHANGED FROM "COMMERCIAL NODE" TO "PURE OFFICE" TRACT B Mid-rise office undeveloped part to be rail station TRACT C Mid-rise office undeveloped part to be rail station TRACT D R & D - light indo undeveloped site plan approved TRACT E R & D - light indo undeveloped site plan approved TRACT F R & D - light indo undeveloped ----------- TRACT G R & D - light indo undeveloped ----------- TRACT H R & D - light indo developed TRACT J 8FIi'IOE- SERVICE"'. developed combined TRACT K OFFICE-7 SERVICE undeveloped ----------- TRACT M . Low-rise Office developed TRACT N Commercial Node undeveloped ----------- TRACT R Mid-rise Office undeveloped ----------- I . C I T Y COM MIS S ION DOC U MEN TAT ION TO: GJ:~j~~:'~=AGER DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING \ \ i FROM: SUBJECT: MEETING OF JULY 12, 1988 AGENDA ITEM INITIATION OF ZONING CODE AMENDMENT REGARDING OFF-STREET PARKING REQUIREMENTS IN THE C.B.D. ACTION REQUESTED OF THE COMMISSION: Code Section 173.885 requires that zonin~ amendments be initiated by the City Commission or the Planning and Zoning Board. The Commission is being asked to initiate an amendment to Code Section 173.532 (parking requirements in the CBD zone district) to the effect that the provision of off-street shall not be required in the CBD Zone District but that when provided it shall meet appropriate standards. BACKGROUND: In 1984/85 major restructuring of the City's on-site parking requirements was undertaken. These were consummated in Ordinance 27-85. By Ordinance 31-85, provisions were made for "alternative parking" arrangements in the C.B.D. One of these alternative arrangements was the creation of an in-lieu parking fee. Since the enactment of that ordinance approximately $60,000 has bef!!n collected, all from one project. Over the past year, the in-lieu fee has been subject to criticism as a hindrance to development and as being inequitable in that buildings can be renovated and no parking required provided that there is no increase in total floor area. At the recent VISIONS 2000 assembly, the following was put forward on page 30: " 11. f. Review the off-street parking requirements and the · in-lieu-of' parking fee as an incentive to encourage new retail development in the CBD." By "review", consideration requirements. it was the presumed intent of the group that be given to elimination of the fee and of parking ")..b l To: Walte~ J. Barry, City Manager Re: Initiation of Zoning Code Amendment Regarding Off-Street Parking Requirements in the C.B.D. Page 2 Recent activity in the C.B.D. plus the advent of the C.R.A. Parking Structure make review at this time appropriate. Frank Spence, Director of Development Services, will be prepared to elaborate on the general topic of parking availability and redevelopment of downtowns at, or prior to, the Commission meeting. RECOMMENDED ACTION: By motion, direct that the Director of Planning and Zoning prepare an amendment to the zoning code to the effect that '" the provision of off-street parking shall not be required in the CBD Zone District but that when provided it shall meet appropriate standards; and that the amendment be processed through the Planning and Zoning Board. And further, that this subject be communicated to the C.R.A., the D.D.A., the Chamber of Commerce, and the Atlantic Avenue Merchants Association so that they may each have informed input at the Planning and Zoning Board's public hearing. c: Frank Spence, Director of Development Services REF/DJK#25/B:CCPKING.TXT CITY DF DELAAY BEACH CITY ATTORNEY'S OFFICE ] I 0 S.F. I $I STREET. Sl'l:rr 4 DURA Y BEACH. FLORIDA 33483 41J7/143.7{J90 :TLE('OPIFR 407/~78-4755 MEMORANDUM Date: July 8, 1988 To: City Commission Jeffrey S. Kurtz, Assistant City Attorney ~~~ Contract for the Purchase of Land from the Housing Authority From: Subject: This is a contract for the purchase of approximately 20 acres from the Housing Authority for $275,000.00. The land is located adjacent to Carve.r Estates and Carver Middle School and is part of the 38-acres which the City is intending to transfer to procacci Development Corporation, and is the site for which the UDAG application was made. The contract, which the Delray Beach HOUSing Authority approved at its July 6, 1988 meeting, is identical in its terms to the contract that was previOUSly in existence between the parties for the purchase of land, with one exception. The Housing Authority placed in the contract a clause allowing them to rescind the agreement and repurchase the land from the City in the event that no development had begun on the property within a year of the closing date. In the event that no development has been started on the property, the Housing Authority would have the right to repurchase the land from the City by repaying the amount of monies that they had received from the City minus the approximately $15,000.00 payment which constitutes their payment in lieu of taxes. The present closing date of the contract is August 1, 1988, which was based on the contract that the Commission had approved with procacci Development Corporation and terms dictated within the UDAG agreement. Should it become possible for the City to delay the acquisition of the property and subsequent transfer to Mr. Procacci by getting a modification of that provision from HUD, the City has a right in this contract with the Housing Authority to extend the closing date up to 90 days. Should any Commission have a question about this contract, please do not hesitate to contact our office prior to Tuesday night's meeting. JSK:sh -y~ DEPOSIT RECEIPT AND CONTRACT FOR SALE AND PURCHASE DELRAY Be!3ch, Seller, 8EACH HOUSING Florioa 33444 and AUTHORITY, of 770 S.W. 12th Terrace, Delray (Phone 272-6767) hereinafter called the CITY OF DELRAY BEACH. of 100 N.'.. 1st Avenue, Delray Beach, Florioa 33444 (Phone 234-7000) hereinafter called the Buyer, hereby agree that the Seller shall sell and the Buyer shall buy the following described property UPON THE TERMS AND CONDITIONS HEREINAFTER SET FORTH, which shall include the STANDARDS FOR REAL ESTATE TRANSACTIONS attached to this contract. I. LEGAL DESCRIPTION of real estate located in Palm Beach County, Florida: S E f: EX H I B [T "A" AT T A C H E J) II ERE T 0 2. Purchase price 811d method of payment: Purchase prlce lS $275,000.00 Deposit to be held ln Robert W. ~ederspiel, t r 11 S t Trust by: Account $ 1.000.00 Promissory Note hearing 110 interest; payable in five (5) equ~l an\11131 installments of $25,000.00 each. commencing one (1) year from the d.lte of closing 125,000.00 The Buyer shall pay to the Seller an amount equal to Seller's payment to Buyer pursuant to Seller's obligation to make payments in lielJ of taxes pursuant to their respective Cooperation Agreement dated April II, 1973. up to a yearly amount of $l~}OOO.OO until such time as s3id payments total $75,000.00 75,000.00 Certified or cashier's check in local U.S. funds on closing delivery of deed (or such greater or lesser amount as may be necessary to complete payment of purchase price after credits, adjustment~ ,1nd prora t ions). $ 74,000.00 3. TIME FOR ACCEPTANCE: If this contract lS not the Seller and Buyer on or before the aforesaid deposit shall be, at the option of returned to him and this agreement shall be null and date of contract, for purposes of performance, shall as the date when the last one of the Seller and Buyer this contract. executed by the Buyer, void. The be regarded has signed 4. CLOSING DATE: This contract and possession shall be delivered August, 1988; unless extended contract. shall be closed and the deed on or before the 1st day of by other provisions of this 5. PRORATIONS: Taxes, ~xpenses and revenues of the date of closing. lnsurance interest, rents and said property shall be prorated other ,'3: S 0 f 6. EVIDENCE OF TITLE: Prior to closing. the Seller shall, at Buyer's expense, provide Rllyer with a title tnsurance cQlnmitment in accordnal:e with Sta.l,dard A attached Ilereto. 7. CONVEYANCE: Seller shall convey title property by Quit Claim Deed subject to matters contract and taxes for the year of closing. to the aforesaid contained in this 8. RESTRICTIONS AND EASEMENTS: The Buyer shall take title subject to: (a)Zoning and/or restrictions and prohibitions imposed by governmental authority, (b)Restrictions and matters appearing on the plat and/or common to the subdivision, (c)Public utility easements of record, provided s.id easements are located on the side or rear lines of the property and are not more than six feet in width, (d)Other: Those of record. Further provided that none of the foregoing interferes with the use of the property for the purposes 3S stated in this contract. 9. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time ~pecified (including payment of all deposits hereunder), the deposit(s) paid by Buyer may be retained by or for the aCCount of Seller as .greed upon liquidated damages) consideration for the execution of this Contract and in full settlement of any claims; whereupon Buyer and Seller shall be relieved of all Obligations under the Contract; or Seller) at Seller's option, may proceed in equity to enforce Sel ler's rights under this Contract. If, for any re.son other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waIVing any action for damages resulting from Seller's breach. 10. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions inserted in this form shall control all printed provisions in conflict therewith. 11. OTHER AGREEMENTS: No agreements or representations, incorporated in this contract, shall be binding upon .'lny parties. unless of the 12. SPECIAL CLAUSES: A. Buyer may not assign this Contract. B . broker The parties represent and involved in this transaction. warrant that there is no C. Buyer shall pay all costs of closing except for Seller's attorneys I fees. D. This agreement is contingent upon the Seller and Buyer entering into a mutually acceptable separate land use restriction agreement, in recordable form, prior to closing, restricting the use of the land to low- and moderate-income housing for a period of not less than fifteen (15) years from the date of Closing. E. The subject property 1S being sold in condition, and the Buyer acknowledges the status conditions per soil tests obtained by Seller and Buyer. its "as is" of the soil' furnished to F.. This closing shall be simultaneous with the sale of the subject real property by the Buyer, together with its certain adjacent 18 acres, to a third party developer for the purpOSe of the development of low- and moderate-income housing. In the event such a simultaneous closing does not occur on or before August I, 1988, this Contract shall become null and void. G. The Buyer agrees "ith the Seller to smend that certain Cooperation Agreement dated April II, 1973, to grant a waiver to Seller of its Obligation to make payments to the Buyer in lieu of taxes for. period of five (5) tax years following Closing. H. The Seller shall give the Buyer the option to extend closing date for a period of ninety (90) days by providing Seller written notice prior to August 1, 1988. the the' I. The conveyance by Seller to Buyer shall be subject to the Seller having a right of rescission whereby the Seller may require the Buyer to reconvey the subject premises to the Seller in the event the construction of a low and moderate income housing project by a third party developer is not commenced on the subject premises within one (1) year from the date of closing. In the event the Seller elects to exercise its right of rescission, the Seller shall give Buyer written notice thereof within thirty (30) days following the expiration of one (1) year from the date of closing, and the subject reconveyance shall occur within thirty (30) days thereafter. Upon the reconveyance of the subject property to the Seller, the Seller shall deliver to the Buyer the Promissory Note and Mortgage encllmbering the sllbject premises in favor of the Buyer in an amQul1t equal to the cash Rums received by the Seller from the Buyer pursuant to the closing and payments on the Promissory Note referred to in paragraph 2 ,qbove., but not payments received pursuant to the reimbursement of payments in l.ie,u of taxes. Such sum bearing no interest and being due and payable 1n full One (1) year from the date of Stich reconveyance. Exel:uted by Buyer on: CITY OF DELRAY BEACH ATTEST: By: City Clerk APPROVED AS TO FORM: Executed by Seller on: City Attorney DELRAY BEACH HOUSING AUTHORITY By: Deposit received this contract; if on check, subject to to be clearance. held subject to By: (Attorney) EXHIBIT "A" Parcell: The West one-quarter (WI/4) of Lot Twenty-Six (26) of the subdivision of Section 20, Township 46 South, Range 43 East, according to the Plat thereof, as recorded in Plat Book I, Page 4, of the Public Records of Palm Beach County, Florida Parcel 2: Subdivision The East one-half of the West one-half of Lot of Section 20, To~nship 46 South, Range 43 East. 26 ," Less the follo~ing Parcel of Land. Using a beAring reference from Plat of ROSEMONT GARDENS UNIT B, sho~ing SoW. 8th Avenue to be the South 00 Degrees, 31 Minutes, 00 Seconds West, then rllnning from the intersection of S.W. 8th Avenue and S.W. 4th Avenue Street in direction South 89 Degrees, 59 Minutes 45 Seconds West for 687.00 feet to a point, thence r'",ning South 00 Degrees, 17 Minutes, 35 Seconds Wes t for 665,68 feet to the point of beginning 011 the Northeast corner of the West ~ of Lot 26, Section 20 To'o"hip 46 South, Range 43 East as recorded in Plat Book 1, Page 4 of the Public Records of Palm BeAch County, Florida; Thence run South 00 Degrees, 17 Minutes, 35 Seconds West, 665.63 feet; thence rlln South 89 Degrees) 29 Minutes, 45 Seconds West, 67.47 feet~ thence run North 47 Degrees, 44 Minutes, 45 Seconds East, 33.28 feet; thence run North 05 Degrees, 59 Minutes, 45 Seconds East, 180.57 feet; thence run North 00 Degrees, 17 Minutes, 35 Seconds East, 464.15 feet to a point on the North Line of the West t of said Lot 26; thence run North 89 Degrees, 44 Minutes, 23 Seconds East, 25.00 feet to the point of ~eginningl Public Records of Palm Beach County, Florida. Parcel 3: The East 1/2 of Lot 18, Subdivision of Section 20, To~nship 46 South, Range 43 East, Delray Beach, Palm Beach County, florida, recorded in Plat Book I, Page 4, Sheet fll, Palm Beach County Publlc Records and subject to an easement recorded in Plat Book 3838, Page 234, as recorded in the Official Records of Palm Beach County . , ~TANOARDS rOil Il[Al ESTATE rnANSACTIONS EVIDE:\:Ci:. OF r,T...i:. 1: A.. .'Hl'ft~\ 01 t 11. P'....lJJ'tl\J '" 1"0"1,/"1 '''''CIOIIJV n 'UII ,l~lll" ~"U '1111\'''1) ;lllllr..u t",,, (11 1\0\ "",UinU II1IUI cllni!i",a u\ ,,,,,,,e\ by .~"1"''\7 f ",,\ 0'-":;>0'1/1"\910 0, ~n ;~C"'I~l~ ly....OOi'\ 01 t~'. ,flIHII",.nll oftlCt"'O th~ \ tl.... 10 1",!JI'tl P'OIHHly 'Ilcord.d In Ih, pVl)liC IOcorOI 01 \1'1, cOunty ""noft , 1'" Prop,r:y ;1 5itl,llUd, tn'OVII'" EII",\,,,. O.tll, An aOllfltl Ih;lll CQrTlmenCII WII'" tho ftiHllUt putll,C: rtcordl, or such llttt diu II m.y b, cunom"y in th, IV"!Y wh"'ein th, P'oP'lly ;, lil\JHlId. SOil,. s",il conv'y I mtrk'UOI. titl. Il,Ioject only 10 Ii,,,., .ncum::"II'lCU, IICc.ptlonl or Qu.llficIIIOI''lI Ull0fth In thj, Con. lel .nd thQU """,en lI'ull o. oltcn.rgOd ':Iv S,II" .t or b,lor, clo,in\l. M.,'o;.tabl. title 1r..11 b. dlllrminlld In ll;cord.ncl with .ppllc.bl1 Tltl. SUnd"dlldOpt~ t I"\.Itl"lorit",-01 Thl Flo,id. B.r .nd In ,ccO'd.nc. w;11"l I.w. \lJ;Ion clo~in';l 01 tr.I' tr.nUCIIO/'l ,U.Cl"I Ibn'lct 'h.l1.b.aco":,.,tl"l' property 01 8uyer. 'ubl.et to 11'11 rlgrn I "unt;on tl"l."ol by lirH mO'tg.g.. unlil fully p.ld: or lZ..J I tltl. Inlurenc. commllment '''u'd by . QUlllf,.d tltl. Insuror .grulng to luu. to Buver. upc;ln co'din~,ol In. d'lKl to S\.I...", .n Own,,', oolicy Ollltl. ini:7i';i"C';in 11"1, .mount of 11'1. purchlU pric., insuring tltl. 01 the Buv.r to the PropertY.,subj.ct ,IV to I;,nl. .ncumtlt.ncu. ..:lotlo,'11 0' Q\.I.III"cltiOr"l1 ut lonl'l In tr.il Conlr.Ct ."d thoU which 11'1;111 b. di'CI'I'''iJ.d by S.H.r .t or b.for6ol'CIollno. Buy., 11'1.11 h't.:lO :.J.y,. if Ib~lr'Cl, C' ~ ~'yl, If-till. commitm.nl, Irom d.t. of '.c,;vi"O ",ddlr"lc, 01 I;tl. to 'lIamln. um.. II 1;11. il found dll,cliv.. ~UY., 11'1.11. will'lln J 1'0'1 Ih".lfur, "Otily S,lle' in writino 1p.ci/yir"l0 d.I,tl(l). 11 uid o.I..CI(I) "ndOI tlllo ullm.rk.ublf. Siller 11'1.11 hlv. 120 dOYI from rlC,IClt of nOllc. wilhin hic" to "mov. Slid d.fecdl), ....d if S.II" il \,In'\,Icc.uful in removino; them will'lin uid tim., Buy.' It,,11 h.v. the option 01 .hner (1) ICCIptlno the titl. nit 'I'r"l il. or (2) d.m.ndlng . r.fund 01 .11 moni" piid h,reunder which ,".11 tOrthwllh b. rll:'Hnld to Buvllr .nd ther.upon Buyer .nd 5.11., Ihvll bt roluud, as 10 ....t anOther, of .11 furl"'.' oblig.t;onl \,Inder the COl"ltru:t; how....". SIII,I ,o,ell thlt h, wilt. if title il lound to Oe unmerketibl., uSe dilig.nt elfon 10 corr.ct th, ,I,ct(s) in title w\:hir"l the lim, provld.d therelor, including tne bri"~in'il 01 r1.cuury suiu. EXISTING MOP.TtjAG:S: Se!ltr Ih.1I1\.1rnish I 'Uum.nt 110m the monoeoull) Ulli"'g fonh princioill blllnc.. m.thod of plym.nl,lnUtut tile ind wh.th" H mortg'Olls) is in good lunding. If I morlO'O' "Quirll .pprov.r of the Buy" b~ th, morto.ou In orq.;.:- to ....oid d.hult, or 10r ",u~Ption by the Buy,r ~f uld ,orl;.g_, '''0 CD "'It mortg.g'l do" nOt Ipprov. lh. B\.Iy", the Buyer m,y r"'Clnd 11'1, Contr,ct, or W requirlS an ll"lctt." In thl Int"ln tlU or ChltglS. f.. or .ny rUlOn In .ltCI1I of $100.00. tht Buy.r mly ruci"d lhl COMflCI 1.1"1'11 Sell.r eltCUto PiV such Incrust or exc.n. S.lIer .nd Buy., Shilluch Ply 50% of uch It.. Buyer s.t'I,ll 1.111 ttuon.lJll dilio.nc, to otluir'l .pprov.l. The .mouM 01 Iny IICrow d'Pollu h.ld by mono.g.. 11'1.11 be crtdit.d to S.lt.r. . :. PURCHASE MONEy MORTGA.GES: Th. p\.ltch". mon.v 11011 ,nd morto.oe, il eny. Itull provide for I 30 diY Or.c. p.riod il1 lh. .V'l"lt of dtfault if It III irl1 mot'lg.g. .nd a '5 d.y ;tlc. ptriOd i1 I '.cond mOrtg.g.: ,1".111 provld. lor right of p"Plym.nl in whOI. or In p.rt without p.nalty; '1'1.11 not provide for cc.llfniol'l or inu"n .dj\,lnm.nt in ....,nt of ,,111. of the Prop,ny; .nd 11".,11 be Otherwl'l Inform ind contlnt raQulttd bv S.II.r', attorney; provldld, hOwlVIt, :,II.r m.y only r.Qulre cl.use, cunomlflly found 11"1 mOrtg.g.. Ind mottO.g. notu o.n'fllly utlllud by I..wlng, 'I"ld 10.1'1 Institution' In the county wh.reln lh. 'rOPlfty il 10c.ad. S.id mortg.ge IhillJ "quire the OWl1er of tl'l. encumtl.red PrOperty to kup .11 prior II.n, Ind .ncumbrtncu In good IlIndlng .nd forbid the >""'''urof V''l, PrOOert... 1rom Icc.pting modlficlt;Onl of or future .dvanclI undtr prior mortgIO.(I), All o.rsonll prop.rty being con....y.d wlll,lt o'ptlon 01 SIIIIt; I. I'J~l)'Ct to the Il.n ot the mOrlglO' .nd e..old.need by r.eordld FI".nClno Suttm.nll. . ). SURVEy; Th. Buver, wit"'in lime .1Iow.d for d.li...ery of .vld.nc. of title .nd ...mlnl1lon lhtr,ol. m.v ""....th. Propertv-,urv.yed.t hll.xp,nu, If the ur"ey. c.rtified bv . rtgiUIf.d Florid. surveyor, shOWI Iny .nero.Chm.nt of uid ProP.rty or'thl1 Improv.menu Inund.d to b. 10c'Ud on tl'l. Propertv In hct ,I'lCIO.Ct'l on l.ndl 01 Olhltl. or violltt Inv of the Contflct covln.nll, the um. sh.1l b. truted II I 11tle d.ltcl. E5; Trll Buyer. within time .1I0wed lor deliv.ry of .vid.nc. of tltl. .nd ulmll"lulon lh."ot, or no liter tl'l.n 10 dlYs prior to clOllng which 11 lCCurs l.n. mlY . ....m.r"lu inlpecUd It B\.Iyer'l e.pen"" by . C.rllfl.d PUt Control Oplt.tor to d.t.rmlne wh.thtr th . .cu.... ttrmlt. nltnuion or 'Jillbll exist!no dlmlO, reltuion in thl impro...em.nts. If Buyer Ii 'Inform.d of I oregolng, Buy.r will hall; 4 dlYI 'rom d.U 01 """tun no tic. thlr.ol 0' 2 d.ys .fter selectl . I wl'lich.v . , I In which to h.v. III damlOll, whIther vlslbl. or 1'101, in. ip.cad .nd lI'pmlted by . Ilc.nUd building or g'/'I.rll contract treltm.nt and up.ir of III d.m.g. up to 'Yi% of Purchu. Prlc.. ihOuld 'uC" COlt, excled thll Imount . OPtion olc.ncIlli"g Cont"ct with n Of contr,Ctor'l "P'lf utlm.u by glvlno ....r;t,.n 110t'c. to S I . ,Iy. .1.Ct to proclld wilh the trlnUcllon. in which IVer"lt Buyer ,hili rec.ive I cr.dit I '_,' nt equal to 1 Y.% of ~ ,IC'. "Termites" shill bl dum.d to i"cluda III WOOd dUt'OYI"'g org.nlsms reoulred.to b. reporlld under lh. Florida PU1: COr"ltrol c. ;:. INGRESS ANO EGRESS: Seller wlrr.ntl t".t theft I, ingfln .no .O"u to the Property lufflcl.nt lor the inund.d 1.111 II descrIbed In P.r.graph VII h.reol tn. 1111, 10 w"'Ch il in .CCO,d.ncf with Stll....d.rd A. ~. lE':"SES 5.Hf' 1",\1, .nOI lell than 15 dlyi prior to closing. furniSh to Buy" c'opl" of all written lUlU Ind l.noPP,ill.".rs from IIch t.n.nllp.clfylng th. na,,-'t .n~ dc..:'al'on 01 s:lId tan.nl', occuplncy. '1'11UI foIUI '''d .d".nC&d rer"lt .nd securilY d.po,lll p-lid by"ten.nt. In the .y.nt Sail., il un.bl. 10 obuln 'uch :~t,c' f,o,...., e,ch an'l"It. the um. 'nformltion S~III tI. lurni1hed DV Seller fO Bu....' wllhln uld time periOd In th. form of I S.ller'l .ltld,vlt. Ind Buylr m.y \I'"Ie'n!ter ~ontl~! ten,nn to co"f"m 1\.1ch inlo,mItIO", 5.11., I"ell d.l;v.r I"d .nion.1I origl...all,,," fO Buy.r i1 clo,lng. I, _!c~S 5,,'le' 11'"\111. ootn .~ to !"e P'oo<:!rtv 1"'0 pu'~on.lty De,n" ,old hllreunoe'. fur....;'" to Buyer.l lim. of cl011ng an .flid.v!t .ttlttl,;" to the .bs.nc., \.Inl.1I Ot~.,,:...," ;::,IO....CIlC lor ""f.n. O! I 1"1 V finan(;".. H.umtnu. cl.im, 011iw'1 0' POtlll'ltiilll;llnOrl ",nown to Seller i)nd lurthor 'IUHlng that there hlvl been no Impro...e. ""el1\\ 10 tM. ;>'o::...nv 10' 90 da...~ im"'"oiott.ly o,ec.diI"lO d.lI 01 clo~'nO II tl'l' P'opertv"u bll'l'l imp'o..ed wilhin said lime, S.ller sh.11 deli...er rol.lIll1 or waiv.n of .,'1 'n,,~"~n'~'1 I;en,. ...C",l'd OV gln"wl cont"ctO,s. S....O~Ol"llfICtor'. "iPpli.n. .no ""'~I""alm.", in .lddit;ol1 to Sell.,,'~ li.n IIficl~vll "Ilino 10fth tho nlrTHH of a:1 h,d, o;"n"'I: ~ontr.etOf1. ,,,,,o(on\'I(loll. IUPOIlIlIl Jnd mJIC"J!"",n In" !',,'l"d' "'IC<\;"9 1"'1 in flCl a" \)i111 tor wo'lt. 10 the Property which coulcl 'ervo., ,,!J.s;' fJ' I "".ch."ic', li.n h.ve bwen p.id 0' "",ill be plid el CiOS'/'IO. I, PLACE OF CLOSING: CIOlino; sr'l.11 b. h.ld I" coun(y wh.reln Properlv 1,10cIled. It the office ol.llorney 0' Otner ciOlino 10'''1 dlllgtllltld by'SelhH. J. TI~.\E: Tim. i,. 0' the .1I.nc. 0./ thll C~"tr'CL ..../'1'0' reference r.er.l,n to time p.rlOClI oIl." th.n 6 dlY~ ,h,lI,n tn. compuutlon "'er.ot 'lIclud. Slturd.y" S\.In. dlyl Ino 1.;.1 ,holldlYI, 'I'ld Iny tlm. 'O'''od O'O...,d.d for h.,oln whIch '1"1.11 ''''d 0" II Sltvlaly. Sunde... or 1'0.1 holid.y 'l'Iell u:Ul"ld to 5:00 p.m. 01 th, nil':! lun b\.l"n.u d.y. . .' ... K. OOCUMENTS FOR' CLOSING: S'II., ~r'I.1I fu,....i1" dlld, m,cl'I.n)c's II." ./lid."lt. aHi\ll"lm~nu of 1l)"\IJ~. and .ny corr.ctive Instruments thof m.y bll '.quirlld I" Conn.ctlon with p.rhctlng th.,titl.. BUYIII s.n.1I fu,ni," clo,inO ltet.m.nt. mortO'OIl, mortllilo;1I nOli, ueu,ity eoreem.n!, .nd IlnlnclnO It.umenll. L. EXPENSES: SUte docum.nu'v ti.mo' which .r. required to b. .lIlx.d 10 the In1trum.nt of COnVl)YllnCe. InunOibl. t..IC on Ind reco,ding.of purenuo monov mertQ.g. to S'lltt, .nd COlt 01 recordln\l .ny cO'rlcllve inltrum.nu 'h.li b. p.ld bv S.II.,. Docum.ntarv 'umps to b. Iffix.d to th. noU or notlt ucurocl bv lh. p",r,h... mon.v mortg.g., COlt 01 r.cordHlO; the d.lKllnd, fln,n,lng Itlt.m.....u sh.1I ba p.ld by Buyer. . M. PRORATION OF TAXES (REAL ANO PE,RSONAL):T,ltoISh.1I b. prOfited buo(l on the currlnl year', tl>l: witl'l due .1I0w."co mldo lor mulimum .i1ow.bl'. d'SC:;lunt .nd hOIl'lUIl.d or Other e.ICemptionl " .llow.d fo, IIld ytll,. If closino oceurt at a deu wh.n l"e current vtlll', mliIIO' II not, fl.IC.d. .nd currunt ytllr'l ,u'II,'T1ent i, ,".II.lJle, U1xu ....ill b. O'O'iltd tlu.d 1.1001'1 such IIItUme"t. 'l"Id !he o,io, VU,'I mlll'Qe, If curr.nt v.,'r'l .1I,"ment Ii not Iv.lI.ble. Ih.n U.lCU wl\I b. prOllted on t!''If prior y.,,', IIx: tlrov;d~d. ho""'.ver. if tl'ltr. ere compl.l.d improv,menll on the Property by J.nU.ly lit of v.er of ciOlIno. which Improv.m.nu wIfe nOt in ..:itt.nc. 0" JlnulIV 111 01 tl'l. orio' Vllr, Ih.n 1I11U 11'1.11 b. p'ofllld baud upon the prlOI Vllr'l milllo;' ond It.n 'Qult.OIO .uoum.nt to bo .grO'd upon bltw.." the pertl". ftilln~ whlcn. 'eQu"t will bo mlde to the COunty Prop.n... Aoprelur lor I" inform.1 llseument uklnO ~nto con,ld"atlon homuu.d .1I.mOllon. if .nV. How.v.., .ny lilt orollt<on bind on '1"1 "tlmn. m.y It requ"t of ..I\n., Plrty 10 the H.nuctlon b. lubllQu.ntly ,0odJuu.d upon rec.lpt:of ta.. Dillon cO"'dltion that. Statem'''1 to thll ell.ct Is Itt fOrth I.... tl'\. cIO,Ir'l1l stlument. ' N. SPECIAL ASSESSMENT LIENS: Ctrtl1i.d, confirm.d .....d ratified 10.ei.l"u1Im.nt li.nl" of dlte 01 clOllng (.nd not." of Effectlv. Oate) .re to-b. p.ld by S.ller. Per\d.lngllenll1 of dete of closl"O 11'\.11 b. .uum'd by Buy,r. provided, howe....r, tnat where tl'\e Improveme....t 1'111 b..n lubtllr'ltl.lly completed" of the Elft<:llv. 011., 'uch ;i.ndino tl.n"lh.1I b. co",idered II c.nlfl.d, conllrm.d 0' ratlfi.d .nd S.ller "".11, e1 clo,inO. b. cl'llrg'd.n .mount 'Qu.1 to tn. IUt "tlmete by th. publi, body. 'of'th. Ullum.nt for the Improvem.nt. ;H-," ~'~L'PROPERTY INSPECTION. REPAIR: S'll.r werr.ntl th.t.11 m'lor .ppll....cet. h..tlnll, coollr'lg, .1.cttlc.l. plumblno 'ylt.ml ...... -'I~' .' . .'. III wO,II;in\lcOr"lcltlon .c 01 tI a.y. ..' I~ II '-;-.,''':' RII'" r m.v. .t hll 'lIp.nlt. h.v. In,p.ctlonl m.d. of ...... "'"' tUn. c:lt.ling 11'1 thl up.lr .nd mlln. t.....nt. U'I".of. .nd 'l"I.ll "POrt in wrltl1'lQ to Sellll IUC ,U . on prior to, ,,,,king at pOIt,uion. llareof. or 5d.ys prior 10 clOlln;, whlcl'l...." i, fi,It. Unl.n Bu . p.r ad. h. c".t1 b. d..m.d to h.v. w. v ., re nOt r.port.d. V.lId "poned tJj1_~~ reetl.t Sf!!er', COlt with lundl tl':.,.for elerow.d It CIOllI10. Seller .gu" to prOlllde .ce.1t for Inlp.cllon"upon r...on. . 1'1 P, A IS K 0;: lOSS' I I the Impro....m.nu .re d.m'\il",d by flre or other CI1Ullty pllor to clo,lng; Ind COltl of rutorlnO IIm'do'u n'o'i exc.ld 3%- of lh. Au.uid ~.I~Il;Or'l Of t"e imp,ovem.flt' t.Q d.m'gloj, call 01 rutor.tlon 1".11 tI. .n Obllo;ltion 01 th. S.lIer Ind clollng "'IU proc.&d puttu.nt tOthl.,tlrml 01 Contrtct .....'~n con tf,,,,.lor .lCrow.d .t closlng.,ln the .vent the COlt of "pell or "norelion .ltc.&d. 3% Qf,th. '''Iuld v.l_ultlon o,f th..lmprovtmenu 10.d.mIO.d, Buy.r 1....111 ,.,...... I'" OPtion 01 .ith" uklng the Prop.rty .1 Is, tOOl11'1er wltl'l either the IIld 3% or .ny lnSurlnc. proc..d\ p.y.ble by VI!1UO'of 'uch Ipn or dim.o., or.ol or.e~!!ino Contr.e1 .nd "ee;...l...o return 'of d.po,It{,) midI her.und.r. . ... '. €l-:-M-~~ c:. 1'1 .ndln th, provlllons 01 SUr"ldard 0.. b.tw..n Efhctl.... Ou. .nd cIOlino datI. partonel r ....d '..1 plooerty, Includino llwn, Ihrubbery .n ,0f'Eff,ctlvl 0111. Ordlnery w.., Ind u...~~. 19ne. w b. permitted ICC." lor insp.ctlon prior to clorlng In order to confirm compll.nc. w t A. PROCEE OS OF SALE AND CLOSING PROCEDURE: Tn. dtld ,1'1.)1 b. record.d upon cl.."nee o/Iundl Ind ....Idenc. of lltl,'contlnu.d 11 Buy,,', ...penl.. 10 VlOw ti11.ln Buy." withOut 'I"lY .ncumb"nc., or ch'''g. whicl'l would r.nd" S.I\er', tltl. un~"keubl. from the d.tl of th', lall ~vl~e':'~I. .nd tl'l. celh pro. Clld~ 01 1.,. sh.ll bl h.ld ,n elCrow bv S.II"'1 IIto,n.y or tly luch Oth.r .IC'OW 10'nt It m.V b. mUlullly agreed upon for I p.rlod of 1"l0l longer thin 5 diY' from ,"d .Illt CIa ling dUI. II Slll.,'1 title is fI,..,d,'.d \.Inmerk.ubl.. Buyer 11'1.11 within uid 5 d.y pitied. notUy S.lIer in writIng of th..def.ct.nd S.lll1 ,hall h~". :)0 d'vl ttom' date 'of flc.ipt 01 such notlficltiOI"l to eure uid d.fect. I" the .v.nt 5.1111 1111, to timely cure uld d.f.cl, ill monies p.ld htr.und" 11'1111. upon """iuen ~.m.nd lht,.1or.',,,d wlt",ln 5 dlVI thlruf1fr, b. fltu''''d to Buyer Ind, Ilmulllneou'ly with such rtp.vmenl. Buvor Ihell V'Clll the Prop.rty Ind recon. ....y um, 10 th, S.n" bv special w.rr.ntv dud. In the .v.nt Buy., ftill 10 mlk. tlm.ly d.mlnd for ..fund, hit sh.lI Ilk. l111. II II. w.lllln;.lI rlghu.g.lnn S.lIer II to 'ue" inurv.nino"d,'.ct ,1Ic.pt II m.y b. .....il.ble to Buyer bv vIrtue 01 warr.ntltl. If'any, conulned In d.ad. In 11'1. ev.nl a portion of the purchu. pric, i, to b. d.rlv.d from in11ltU1ion.1 lin.nclng or flfin.ncing. the r'Quirem.nu 01 th. l.ndlno i"ttitution II to pile., time of doy Ind procedur.llor clOI. ing, .nd tOI disbur"lm.nt of mortOlO' proctedl. 'hall contrOl, anytnlno; in this Contr.Ct to the contrarv nOtwi1hll1ndlno. Pro...ld.d, hOw....". that the Sfller 11'1.11 ".v. tl'l. ,ight to reQuire from such I.ndlng innllution .t clos;ng i comrnitm'r"l11hll it will not withhold dilbursomlnt of mOrtg.go proce.d,.t I rnult ollny titl. deltct .ttrit:tuUbl. to Buy.r.morto.gor. Th. ncrow Ind closlnO prOCfdure rClQulr.d bv this Standard m.y b. w.ived in the u....nl thlt .ttorn.y, 11tl. .gent or clollng .o.nt Il\1ur., .0i11"lU Idv.,.. m.turl pursu.nt to S.ction 627.7B41. F.S. II .m,nd.d, S. ESCROW: Any escrow 'Olnt r.c.,vlng fundi il luthoriUd .nd .o'eu by tecepunc. th.r.ot to promptly dopolit .nd to hOld lam. in .scrow .nd to dlltllJt" "'me tubj..:l to cl"r.nce thereof in .ccordlnc. witM terml .nd conoilion' of ConV'C1. F.llur. of clurel"\c, of fundi Shill not ..lCCU" p.rform.nc. tly th. Buv.,. lr"l thl .....n1 of dOubt II to 1'111 duti., or li.bilitiel under the provi,iOM of tl'l,s Contr.ct. tne elcrow .g,nt m.v In 1'111 '01. dlscntlon, contlnu. lO hold the moni.. which He the subjlct of l"l, iSC'OW un1i1 t". perti,s m\.ltu.lly .ore. 10 Ih, dllb\.lrumlnt th"lof, or u"til I judom.nt of . cou" of comp.unt Juri'dlctlon '1'1.11 d.u,mln. the righn of the P.rt.., thereto, or h. mly d.po,it III the monio' th.n h.ld PUttull"lt 10 tl'l., Centr.ct with the Cltrk of thl CIrcuit Courl of the CounlY h."iI'lO Juriidiction of the dllput., .nd upon notilying .11 Olfti.1 conc.rn.d of luch .ctlon, IlIli.blllty on the Pitt 01 the IIcrow .oent 11'1111 fully IIrmlnltl. 'lIc'Pl to "It .xunl of accounlin; for Iny monlu tl'ler.!olor. d.livered 01.11 01 .s.crow. II I Ilc.nlld r"llItlt. brok.r, the ncrow.. .....111 complv with pro...lIlonl of SeCtion 475.25 III Icl. F.5,.-,.. amended. In lh. .v.nt 01 Iny 'ult bltw..n Buyer .nd 5.11., wherain thl ,Icrow Ig.nt I, m.d.. pltty by vlr1U' of Ictlng II .uch .scrow .~.nt "eflu....der. or in the .v.nt of eny ,,,,il whe'.ln ticrow .gant ,nterplUdS the subJoet m.tur of tl'lis "crow..th. IIcrow lo.nt 1.1'1.11 be ..ntltlld to r.cov".. '1IIon.bl. .no'n.y', fae Ind coni Incurred, uld leu .nd cOIU to b. charg.d Ind tlUn.d 11 court COItI In I....or 01 the prevailino pltty. All O"tl.~ lor.. that the 'lerow .g.nt shill n01 be l;.bl. to .ny p.rty or perSOI1 whomt.Qev" lor mlSd.livery to B\,Iytr or S.lIer of moni" lubJect to 11'111 .scrow, unl.ss such mlldellv.rv '1'1111 o. d",. to ""illlul lJlI.ch of this COntr.c! or grOIl neolioenc. on the p",n of {he elcrow .o.nt T. ATTORNE'Y FEES AND COSTS: In tonn.euon wltn .ny IltlOlllon I"et"dl"g .pp.II'1. p,oc,lIdl"gl "'i,inV out of thl, Conlflct, the prev.ill119 ".ny 'h.ll b. .ntltl.d to "0;0"" 1I110....ebl. .ltornev', f,u .nd COIIt. L.h II Bu " hill to p.rform thi, COl1tf'CI wilhin \h, 11m. Ip.cilioJd. t'" '''po,itlll p.id by lilt Buyer .fo"uld m.y '0. (ltain.d by or 10r_!.!1.J.Jiccount 01 S.ller II li.;J",id.ted .m '. .: Illecutlon (If tnil COl"ltr:lct :ll"ld In lull settl.m.nt ul .nv c1tiau..;....wb.r..upo"......Il""lT.r-t'I..f1fiiTr6. rell.....d of ..Ii OOI;QltIOnS uncer tne Contr.cl; 0' S.ller. II hi, option. m.v _ . . n'f07i:'T"llis I.g.' rightS under this Contr_ct. If, for any reuon olher t"an r.ii"'ft 01 S,lIer to r."dtr hll t,tIL~..lL..t~.....+t.r-tttrttlf.nrtTTOr-t, Sell" fall,. neol.cn or r. l~ "'~~"IC! 11'1. B JV" mlY ...k tp.clfle ptr. 1...:.H~~.-"(H-...ct'""to-r.-"'..,.lh. r.t\.lfn 01 hi, d,p01itll) wll"ouI th.reby w.lv;r"lg .ny Ictlo" for d.m.Qu r.lultlno from S.,ler'l br..,n, V. CONTRACT NOT RECOROABLE, PERSO't;S SOUND AND NOTICE: Neither t"II Conttlc.,.nor i"y notlc. th.reollhlll b. rtcordod In .ny public f.cordl, T";I Cont'Hl ,,,.11 bi"d .n(l Inure to the banal it 01 lh. ".'rtlll her.tO .nd the;' ~UCCl"ors I.... Inllttst: Whan.....r th. contollt ptrmlu, linOuler sh.111nclud. plutellnd on. \l.ne" '''.11 i"cl",l1. '.11. Notic. \lIven by 0' 10 t"e attorn.y for .llher PlftV shall b. '.. .ffoctlv'ei'."lf Olv.n by or to uid P'rly. . W. PRORATIONS ANO INSURANCE: T..". ollfism,"tI, ""1. I nter "'H, insur.nc. .nd other "~'p-inul"ndt.v.nue of tho Prop.rly ,h.Ub. prOf.t.d II of d.1I at ~IOling, [Juyll VI,II h..... tl'l. Oelion 01 Ultj"g 0,," .nv 'lIiuln9 pOliclu of InsuftnCII on the Prop.ny, If IlIum'bl",ln which ev.n1 pttmlumlJh.11 b. Drorat.d. Tr-,. eun .t ,;Io,;no L>,all b. II"I(""oc,l 0' <JecreUed U m.v be "qul'.d by uld p'oretlonl. All tlhren~os in Contllct to proration. '1. 01 dlll'Of clo,lno will be O.~rT"I.d "CH' 01 oeeuo'''e..,'' ,f occ",p'l"Iey occur, orlo' to clotln9, unl.1I Olhl1wlll provld.d lor htr.ln. )' X CONvEYANCE' S.ller Iholl con....v ti\l. to t", Prop.rty bv '"tutorv w..lInty d.ed lubj.Ct only to mltllrticontlllntd In ".rlgraph .vII htre,of .nd lhon Oth". ...ill JCe'Dled bV B~vlr, P,no",1 o'oo.ny ~M.II. It ,,,. '.Q\.I.1t 01 BuvII. b. conv.y.d by." nbsolUI. bill of ..I. '...,rlth w.rr.l1ty 01 tltl., ,ubj.ct to luch Ilonll' m.V ~. Olll"....i" pro...ided for hwrcrin _. i QTHE A AG R E EMENTS: No p'ior or pru.r'Il '1l".m.nU or r'O'eul"llItionl Ih.1I b. blndino,Vp?_n.'ny tifth. p.rtlll h.~.tO unl.nlncorporlud In thlt Contrlct, ';0 rT"Iodi!;<::.lion 0" c"."qe in lnil ContrlCt '''III b. "'llid or bindino; UPO"l 11"1.. Olniu ",1"I1.1t I" writ 1("19, ..:.cuted by !h. p.rt,ll to b. bound tha"by. /r;::. RESOLUTION NO. 37-88 A RESOLUTION OF THE CITY CO~~ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC., IN THEIR EFFORTS TO SPONSOR THE ELEVENTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the Roots Cultural Festival, Inc., is sponsoring the eleventh annual "Roots Cultural Festival" on July 24 through August 14, 1988, in the City of Delray Beach; and, WHEREAS, this festival is an attempt to present to the . community, state and nation a view of the rich cultural heritage of the people of African ancestry in our City; and, WHEREAS, this idea was conceived Association in an attempt to bring people respect and appreciation for their community heritage which they bring to the City; and, by Jefferson Manor Homes together to develop pride, as well as their particular WHEREAS, the festival will provide an opportunity for exciting experiences for local people and tourists reminiscent of the Bahamas, the West Indies, Haiti and other countries of African Ancestry and will also provide a wholesome outlet for involving the young people in the community in constructive activities; and, WHEREAS, last year I s festival received a tremendous response from residents allover South Florida, the Bahamas and the West Indies; and, WHEREAS, the activities of the festival are to promote academic excellence among our youth, in the form of a spelling bee, an essay, math, and oratorical contest; to promote physical fitness through golf, tennis, bowling and basketball tournaments, to promote cultural enrich- ment and appreciation through exhibits, creative dance and dramatic presentations, poetry, jazz, and fashions; and, WHEREAS, the highlight of the festival will be "The Marketplace at Roots" which will focus on visual and performing arts, ceramics and jewelry, presented by South Florida artists in a festive setting, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Beach hereby supports the Roots Cultural Festival, Inc., in efforts to sponsor the eleventh annual "Roots Cultural Festival" City of Delray Beach. Delray their in the PASSED AND ADOPTED in regular session on this the 12th day of July, 1988. MAY 0 R AT'~EST , t:: lye C'e-;j{ 3/ RESOLUTION NO. 38-88 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING PORTIONS OF S.W. 1ST STREET, S.W. 3RD AVENUE, LYING BETWEEN BLOCK 37, DELRAY BEACH, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 9, PAGE 66, OF THE PUBLIC RECORDS AND BLOCK 45, DELRAY BEACH, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 4, PAGE 54, OF THE PUBLIC RECORDS, TOGETHER WITH THE ALLEY RIGHTS-OF-WAY LYING WITHIN BLOCK 45, DELRAY BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 4, PAGE 54, OF THE PUBLIC RECORDS AND THE ALLEY RIGHT-OF-WAY LYING ADJACENT TO LOTS 1 THROUGH 4, INCLUSIVE, AND LOT 9 THROUGH 12, INCLUSIVE, WITHIN BLOCK 46, DELRAY BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. WHEREAS, the City of Delray Beach is the fee-simple owner of all of Block 37, De1ray Beach, as recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach County, Florida; all of Block 45, Delray Beach, as recorded in Plat Book 4, Page 54, of the Public Records of Palm Beach County, Florida; Lots 1 - 4, Inclusive and Lots 9 - 12, Inclusive, Block 46, De1ray Beach, as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; and, WHEREAS, the City of De1ray Beach, Florida, has made application for abandonment of portions of S.W. 1st Street and S.W. 3rd Avenue, between Blocks 37 and 45, and alley rights-of-way within Block 45 and between Lots 1 - 4, Inclusive, and Lots 9 - 12, Inclusive, Block 46, De1ray Beach; and, ~ WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interests of the City of Delray Beach to vacate portions of S.W. 1st Street and S.W. 3rd Avenue, between Blocks 37 and 45, and alley rights-of-way within Block 45 and between Lots 1 - 4, Inclusive, and Lots 9 - 12, Inclusive, Block 46, Delray Beach, ~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177, Section 177.101 (5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following described real property: Parcell - (S.W. 3rd Avenue) j j J That part of the right-of-way for S.W. 3rd Avenue as shown on the Plat of Resubdivision of Block 45, according to the Plat thereof recorded in Plat Book 4, Page 54, of the Public Records of Palm Beach County, Florida, and as shown on the right-of-way map for State Road No. S-806, according to the Plat thereof recorded in Road Plat Book 3, Page 30 of the Public Records of Palm Beach County, Florida, described as follows: "3~ Begin at the southwest corner of Lot 27 of said Block 45; thence north, along the west line of Lots 27 through 11, Inclusive, and along the west line of Lot 1 of said Block 45, 559.01 feet to a point of curvature of a curve concave southeasterlg with a radius of 25.00 feet and a central angle of 90 50'30"; thence northeasterly, along the arc of said curve, 39.64 feet to the south righ5-of-way line of State Road No. S-806; thence N.89 09'30"W., along said south right-of-way line, 50.37 feet to a line 25.00 feet west of and parallel with the west line of said Lot 1 and Lots 11 through 27, Inclusive; thence south, along said parallel line, 584.37 feet to the intersection with the westerly ex~ension of the south line of said Lot 27; thence S.89 08'33"E., along said westerly extension, 25.00 feet to the said Point of Beginning. Parcel 2 - (Alley Right-of-Way in Block 45) That part of the of Resubdivision thereof recorded Records of Palm follows: alley right-of-way as shown on the Plat of Block 45, according to the Plat in Plat Book 4, Page 54, of the Public Beach County, Florida, described as Begin at the southeast corner of Lot 27 of said Block 45; thence N.OoOO'24"E., along the east line of Lots 27 through 11, Inclusive, 448.37 fee5 to the northeast corner of said Lot 11; thence N.89 09'22"W., along the north line of said Lot 11, 130.57 feet to the northwest corner of said Lot 11, thence North, 16.00 feet to the southwest corner of said Lot 1; thence S.89009'22"E., along the, south line of Lots 1 through 10, Inclusive, 282.14 feet to the southeast corner of said Lot 10, o thence S.O 00'47"W., 18.00 feet to the northeast corner of Lot 28, thence N.89 09'22W., along the north line of said Lot 28, 135.57 feet to the northwest corner of said Lot 28; thence S.0000'24"W., along the west line of Lots 28 through 44, Inclusive, 448.37 feet to the southwest corner of said Lot 44; thence N.89008'33"W., 16.00 feet to the said Point of Beginning. Parcel 3 - (S.W. 1st Street) That part of the right-of-way for S.W. 1st Street (Formerly Raymond Street) as shown on the Plat of Map of the Town of Linton (Now Delray Beach), according to the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, described as follows: Begin at the northeast corner of Lot 9, Block 46 of said Plat of Map of the Town of Linton, thence N.OoOl'27"W., along the northerly extension of the east line of said Lot 9, 25.00 feet to the centerline of S.W. 1st Street; thence N.OoOO'47"E., along the southerly extension of the east line of Block 45, 25.00 feet to the southeast corner of Lot 44, Block 45, as shown on the Plat of Resubdivision of Block 45, according to the Plat thereof recorded in Plat Book 4, Page 54, of the Publbc Records of Palm Beach County, Florida, thence N. 8 9 08' 3 3"W. , along the south line of Lots 44 and 27 of said Plat of Resubdivision of Block 45, 287.04 feet to a point 5.00 -2- Res. No. 38-88 feet west of the southwest corner of said Lot 27; thence south, along a line 5.00 feet west of and parallel with the west line of said Lot 27, 25.08 feet to the centerline of S.W. 1st Street; thence S.O 00'52"E., along the northerly extension of the west line of Lot 1, Block 46, 25.00 feet to the northwest corner of said Lot 1; thence S.89008'33"E., along the north line of said Lots 1 and 9, 287.04 feet to the said Point of Beginning. Parcel 4 - (Alley Right-of-Way in Block 46) That part of the alley right-of-way in Block 46, Plat of map of the Town of Linton (Now Delray Beach), according to the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, described as follows: of Beg~n at the southeast corner of Lot 4, Block 46; thence N.O 01'09"W., along the east line of Lots 4 through 1, Inclusive, 306.06 feet to the northeast corner of said Lot 1; thence S.89008'33"E., 16.00 feet to the northwest o corner of Lot 9, Block 46; thence S.O 01'09"E., along the west line of Lots 9 through 12, Inclusive, 306.06 feet to the southwest corner of said Lot 12; thence N.89008'52"W., 16.00 feet to the said Point of Beginning. PASSED AND ADOPTED in regular session on this the , 1988. day MAY 0 R ATTEST: City Clerk -3- Res. No. 38-88 DEPAF-MENTAL CORRESPONDENCE FRo0erald B. Church, P.E., Acting Director of Public Works/City Engineer [IT... DF DElAA... BEA[H ~(i TO Walter O. Barry, City Manager SUBJECT ATLANTIC AVENUE BEAUTIFICATION PROJECT MODIFICATION TO CHANGE TREE SPECIES DATE 7/8/88 The following is a request for authorization to proceed with a modification to the plans and specifications for the Atlantic Avenue Beautification Proj- ect. The modification will consist of deletion of live oak trees as mid-block trees and coconut palms at the intersections. This will be replaced by coco- nut trees as mid-block trees and flowering trees at the intersection nodes. Tree locations will remain the same as current plans; tree types will change. Subject to approval of modification, the architect will be requested to sub- mit change order as per project specifications. GBC:mld CM 362 3Lf- THE EFFORT ALWAYS MATTERS I . APPLICATION CIVIL SERVICE BOARD Sandra Williamson Almy 1103 Vista Del Mar Drive South 3..s- . CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~Rn~rR Wfl1iRm~an Almv NAME 1103 Vista Del Mpr Drive South DelrA~each HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) 33483 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP "'78-S35l HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING~lanning & Zoning, . CQd.e._E.D.rorcement.~omnuni.t..1L~.rul.parance, ~ix.iL'if'JvLce LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS Snecialist in Educnt ion. C'niversi \'y_of Georgia, 197Bl. ~'Bstpr~ in :r.:(lucrtiQ.!h. University of Geor!'ia, 197~~cheloL_____ of j\rt~, Wesleyan College. 1965 LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. "lorina ann Qeorgia teaching certificates GIVE YOUR PRESENT, OR MOST RECENT County School~.C. Mitchell RAton: Program Coorninptor EMPLOYER AND POSITION Palm Beach Special Education Center~oca DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. 1 hpve an Ability to research nroblems & utilize informption to mal,e informed decisions as well as to annly administrat1ve-nlres and rplYulations to sn"cific "T"al world" situations. I am exne~~:..:.d 1n decision making Bnd functioning in a nosition of authorITY:" . 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. "",j."dw< 11: W7- SIGNATURE _~30-1! DATE . APPLICATIONS COMMUNITY APPEARANCE BOARD Sandra Williamson Almy 1103 Vista Del Mar Drive South Dave Bodker 801 N.W. 2nd Avenue Mark Krall 5334 Buckhead Circle (Residence) Boca Raton 616 East Atlantic Ave. (Business) Ann Pearson 1014 Seagate Drive Mildred Scherer 88 South Ocean Blvd. Desiree Lynn Snyder 587 N.W. 45th Drive 3~ l . CITY OF DELRAY BEACH BOARD MEMBER APPLICATION SRn~rA ~illi~mQon Almv NAME 1103 VisiA Del MAr Drivp Souih DelrA~'illS_h__ 33483 HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP "'78-S35l ---- HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU ~ERESTED IN SERVING Plpnning & Zoning, . CQd.e._E.D.rorcempn~~n:,;ni.ty!nneArAnce, v~tiL'if']vLce LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS SneciAlist in Education. C'niversi\'y_of Georgia, 19781. ~lestpr~ in :r.:rlucptiQ.!h. University of Georria, 197fi; Bachelor of !Iris. Wpslpvan College, 1965 LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. ,lori ,11' And Q!::.'2.!:pia_teAching cert ificAt PS GIVE YOUR PRESENT, OR ~ST RECENT EMPLOYER AND POSITION PAlm BeAch Couniv Schools, J.e. Mitchp11 Special EduCAtion epnter~OCA______ liAt on: I'ropr;;;:ncoorrlinAto.. DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. 1 "flVP an ahili1v 10 res<'ATch nroblpms I< ut ilize informAtion to mp1\p inforf'lpd npcisi ons as ,,",,11 as to anT)ly AdministrAtlv~lps and -.J:f'("ulpiinns to ~f\F"cific "!'(>~l world" ~ituE11:ion~. I R'll PXT)PTIPncec1 In dpcision mpkinr And fllnctioninf! in A nosition of puthor1ty. 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. "",d"dw< It; We SIGNATURE __-"- - 30 -11 DATE CITY OF DEL RAY BEACH BOARD MEMBER APPLICATION Dave BOOker 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 Conm.mity Appearance Board LIST ALL CITY BOARDS ON WHICH Y~ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS Bachelor of Landscape Architecture - Louisiana State Ilniversit;y LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. Fl or; d;, Rpgi sterf'rl Landscape Architect GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Present - Self Elnoloved DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGP. WHICH QUALIFY YOU TO SERVE ON THIS BOARD. have had 9 years landscape architectural and planning-eXperienceinc South Florida. 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. " 9 \ _ SIGNAT RE P.lb'~@ DATE . dave bodker a'--- (':::)~~E? RESUME PERSONAL: Dat(~ of 8irth: '~;':tr,:':) LS, L9SS M~rried Health: E:~cellen~ EDUCATION: Louisiana S~ate Univ~rs~~l Baton Rouge, LOl1i3iana Bachelor of La~dscape Archltecture - 1979 LICENSURE: Florida L~c8n8e #999 PROFESSIONAL EXPERIENCE: April 1988 - Present Dave Bodker Landscape Archltectllre/Planning 801 N.W. 2nd Avenue Delr~y Beach, Florida 33444 Position: Self EmploY"ld August 1982 - April 1988 Rhett Roy Landscape Archltecture/Plannlng. P.A. 412 North Andrews Avenue Fort Lauderdale, Florida 33301 Position: Senior Landscape Arcilite~~t Responsibilities: ProJect Management Proposal & Fee Development Contract Negotiation Client & Consultant Interaction Design Planning Government Coordination/Submissions Production of Working Drawings (Layout & Grading, Details. Planting. Irrigation. Lighting) Bidding Processes Constrtlction Supervision Construction Payment Supervision ScoDe aE Proiects: Single Family Resldential Multi-Family Resi,jential Recreation l . Rhett Roy Landscape Architects/Planners (continued) Commercial 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 Besponsibi,lities: Project Management Client Interaction Design Production Drawings BiddIng ~COP8 of Proiects: Single Family Residential Multi-Family Residential Str8etscdpe~ Resort/Country Club March 1980 - March 1981 Walter Taft Bradshaw & Associates Landscape Architects/Planners 4337 Seagrape DrivE~ Lauderdale-by-the-Sea, FloJ~ida Posi!i.on: Landscape Architect ResponsibIlitIes: (~raphics DE~S i 9n Sit",e Planning Planting Plans Scope of Proiects: Commllnity Recreation Faci.litios Single Family Residences MUlti-Family Residential Streetscapes August 1979 - February 1980 Peabody & Chi Ids, Archi 'tec1'.s, [Ile. 440 East Sample Road Ponlpano Beach, FJ.orida 2 1 . Pc.abody {, C'hLldR, Architects, Inc. (continued) Position: Landscape Architect/Draftsman Responsibilities: Drafting Planting Plans lrrigati.on Plans Scope of Projects: Multi-Family Residential Country Club Office 1977 - 1979 Commllni~y Planners, Inc. Baton Rouge, I.ollisiana Post tj.on: Draftsman f~l'~sPs)nsibili ties: Preliminary Planning (;1" aphics r-:;u I'Vf~yr-:t PrcljecLs irlVf)}ved in federal grant aJ)plic~ti()rl, dpvelopment and administration in Louisiana commurlit:ies. Projects were typically recrea'tional facilities or low income housing. 1976 - 1977 Charles M. HubbR Associates, Landscape Architects and J,and Planners 13aton Rouge, Louisiana P02.tti.on: Dr,qftsman ResponSibilities: Drafting Planting Plans Scope of Proiects: State Parks Residences Residential Entrances Small Commercial Buildings OTHER INTERESTS: Sailing, Diving, Water' Skiing References availal)le upon request. 3 l . l\ .t1 l ~. # .,/"~ 1"'j, JUN 28 '1!:Il:ll:l dave bodker ancscaCle ar~C!lltec:::._.' '''-' GIr,' l)lAI~!H:~K :"\ r .;.r;' : v_ ,-:;,..." de) June 21, 1988 Mr. Walter Barry City Manager of Delray Beach 100 Northwest 1st Avenue Delray Beach, Florida 33444 Dear Mr. Barry: I would like to be considered for a position on the Code Enforcement Board. It is my \.nlderstanding that there is a position available \.nlder the Architect designation. I had previously applied for a position on the Corrmunity Appearance Board, but upon meeting with Mrs. McCarty, I fo\.nld that the position had already been filled by one of the alternates. If that alternate position is now available, I would like to be considered for that position as well. Please reference my previous application and res\.l11e. Thank you for your consideration. SincerW V . Dave Bodker dave bodker (Y vMvkJr ~- L ('fr-hr f\~ ~ r o\..'-( :T ',C::H~::(-? :,?r'-""it>::::-- May 17, 1988 .i.\hCEIVED MAY 1 8 1988 CITY MANAGER'S OFFICE Mr. Walter Barry City 1o1anager 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 Conrnunity 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 project types including residential, coomercial, resort, and public institutional. I have recently started my own practice of landscape architecture and planning in Delray Beach ..n.ere I am also a resident. I have a strong desire to become an active participant in helping to improve and maintain my cOllI!llmity. My resUne and application are enclosed for your review. ~;w Dave Bodker 34 l . CITY OF DELRAY BEACH BOARD MEMBER APP~ATION MARK L. KRALL NAME 5334 Buckhead Circle, Boca Raton, Florida 33486 HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) 616 East Atlantic Avenue, Delray Beach, Florida 33483 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP (407) 394-7923 HOME PHONE (407) 276-7424 BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING -Community Appearance Board, Board of Adlustments. Planning and Zoning Board, LIST ALL CITY BOARDS ON WHICH YOU ARE CUR~ENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) None at this time. EDUCATIONAL QUALIFICATIONS University of Miami, Bachelor of Business Administration (BBA); Nova University, Juris Doctorate (JD); University of Miami, Master of Laws in Taxaction (LLM). LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. Licensed to practice law in the State of Florida GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION LIS TICK & S~EINER, P.A. - Attorney DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. Experience in interpretinq statutes, ordinances, codes and policy criteria, and the application thereof. Familiarity with various procedures of the City of Delrav Beach acquired by attendance at meetinqs of the City Commission and Planninq and Zoninq Board. PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MA TERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ~~~~~Q ) SI NATU E' - ~}N\C 8i \'\~B DA E RESUME MARK LOUIS KRALL Listick & Steiner, P.A. 616 East Atlantic Avenue Delray Beach, Florida 33483 EDUCATION (305) 276-7424 HONORS PROFESSIONAL EXPERIENCE LLM-TAXATION 1982, University of Miami. Coral Gables. Florida - Top 12% 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, Condoainium Law and Corporate Law. RHOADS" SINON, Boca !taton, Florida Practice of law in the areaa of Real Estate, Eatate Plalllling, Willa ana Trust., Probate, Federal, State and International Taxation, Condoainium Law and Corporate Law. PRICE WATERHOUSE, Hi_i, Florida Senior tax accountant and conaultant 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 Directors 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. . CITY r~'1MISSION CITY l .RK CITY OF DEL~AY BEACH BOARD MEMBER APPLICATION MARl< L. KRALL NAME 5334 Buckhead Circle, Boca Raton, Flo~ida 33432 HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) Gl6 East Atlantic Avenue, Delray Beach, Florida 33483 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP 394-7923 HOHE PHONE 276-7424 BUSINESS PHONE . ON WHAT BOARDS ARE YOU INTERESTED II SERVING Community Appearance Board, Board of Adjustment LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLl SERVED (PI ease include dates) None at this time EDOCATIONAL QUALIFICATIONS University of Miami, Bachelor of Business Administration I Nova University,Juris Docborate (JD)J University of Miami, Master of Laws in Taxation (LU!) LIST ANY RELATED PROFESSIOIAL CERTIFICATIOIS AND LICENSES WHICH IOU HOLD. T,;,..pnc:~~ t-n p,....t""i-;,.... lJ11w in ...lu~ ~"Jlllt-,.. n" 'Fln,..i~a GIYE lOUR PIESENT, OR ~OST BECEIT EMPLOYER, AID POSITIOI LISTICK * STEIHBR, P.A. - Attorney DESCRIBE EIPEBIEICES, SI:ILLS 01 UOWLEDGE WHICH QUALIFY YOU TO sBln 01 THIS BOAID. ExPerience in interoretimr'statutes, ordinances and codes 'and the applicati thereof. Pamiliaritv with various l)Olicies of the City of Delrav Beach acquired by attendance at various meetings of the City a:.aission. PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAt ALL THE ABOn STATEMENTS ARE TRUE, AND I AGREE ANI UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED II THIS AP. PLICATION MAY CAUSE FORFEITO!! OPON MI PART OF ANYAPPOINTKENT I MAl RECEIVE. ~~~~~\)Qj S NATURE ~\S')\q,88 DATE . 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% BB~-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 Law. RHOADS & SINON, Boca Raton, Florida Practice of law in the areas of Real Estate, Estate Planning, Wills and Trust., Probate, Federal, State and International '1'axation, Condoainium Law and Corporate Law. PRICE WATERHOUSE, Miaai, 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 Directors 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. l . CITY OF DELRAY BEACH BOARD MEMBER APPLICATION AOO_ttar.son NAME 1014 Seagate Drive Delray Beach, HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) Florida 33483 same as above - PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP (407) 276-8036 HOME PHONE (407) 276-8036 BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING community appearance board LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) none B.A. Washington universitt School of Architectur, St. Lou~s, Mo. 19~ EDUCATIONAL QUALIFICATIONS LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. -,- see resume GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Princ~al - Ann Pearson Interior Designs, Inc. DESCRIBE EXPERIENCES, THIS BOARD. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON see resume 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. d vv.--. b. f;:2<," CS> ;-~~.'" "1"- _ SIGNATURE I :J<-vr~-~~; p~~--- . Objective: History: Ed ucation: Employment: Projects: Personal: Affiliations: Hobbies: ann pearson (407) 276-8036. 1014 seagate deive. deleay beach, floeida 33483 I would like to serve on the community appearance board at this exciting time in the growth and future of Delray Beach. As a former 43 year resident of Aurora, Illinois, my family and I witnessed the decline of a once charming and viable downtown area, the disappearance of upscale commerce and anchor store, and recently, the revitalization of this downtown area through a historic preservation and downtown beautification project. As new residents of Delray Beach, we are enjoying the many benefits that the community offers and would like to further its goals and hopes for an even brighter future. Washington University School of Architecture, St. Louis, Missouri, 1984. B.A. Ann Pearson Interior Designs, Inc., Aurora, II Gaul Tater Associates, Chicago, II Interior designer Hague-Richards Associates, Ltd. Chicago, II Interior designer 1979-Present 1977-1979 1976-1977 . Decoration and restoration of Aurora Elks Club (on National Historic Register) . Garden Club - downtown beautification project . Artwork for historic building video presentation for grade school children - Aurora Dist. 129 . Space planning and design for law offices, pediatric clinic, Copley Memorial Hospital surgical offices, Montgomery Bank, many small commercial and residential decorating projects. Delray Resident ................. _ . . . . . . . . . . . . . .. 2 years. Date of Birth ..... _ . . . . . . . . . .. . _ .. . . . .. September 8,1942 Family ... Husband, Tom - manufacturer's representative for ALLSTEEL, INC., Aurora, Illinois (Married 23 years)_ Son, Thomas - sophomore at University of Florida. . Member - Delray Beach Chamber of Commerce . Member - First Presbyterian Church. Defray Beach, Florida . Reading Tutor for Palm Beach County Literacy Program . Delray Beach Chorale - new Board Member . A.S.I.D. past Associate Member Reading, drawing, drafting architectural plans, painting, golf. l . CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ,-Sc /Ie/) E/? (7){'E~// j)Jv d ~-E1fi-.j8,6q{'j,r/ HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE5 r- /' Nl/k'cd PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP /)1/ /dlfE d NAME O'f Jt1/1I"f .33 t//3 o17J- a 9/ 9 HOME PHONE BUSINESS PHONE ...- ON WHAT BOARDS ARE YOU INTERESTED IN SERVING (!;:;!=:5 o/i' ~v/~ LIST ALL CITY BOARDS ON WHICH YOU .ARE CURRE)/TLY SERVING OR HAVE PREVIOUSLY SE VED (Please include dates] ~J !3/?If-./i'~ <Yfil'ia - SEcoy /96"? /..J' e ,c.,//f h /thv E ..r3"'~/l. ~_ /970 's' ___ . -.r<,o/; up"" ' ~.lecl /9 b <7 EDUCA.TIONAL QUALIFICATIONS ~..Q.'Ao" /I /~.Ii ~Jg.i3f!~ /iVE<:-SC// E, ~t) - JEchk'i.~'L/S //Y..f--f-{{!1- eo/A /Y C .&e'JJ..# =/9/;:I ,,~2Jt._~ .t;7;-'1A/f-~ c;.LV.LT~/t'~/C'L ..5UrtJ~J. ~X- J('~ / C~v7- ~ A...B~7,#o' C' /)1T/~/If'A-N" r ~~".m..r~ 19c.c-f ro;' /J5-4Pp :Jl/f!.v'j r~09/l4A1 LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHrCH YOU HOLD. GIV~YOUR PRESENT, O~ MOST R~CENT EM~OYER, AN~!~SIT10N ________________ J;(~lfsfLt1.E.&_. Cc<t'~/ ("YlS' C~'A/do '/~"/ DESCRIBE EXPERIENCES KILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. /l/,.r.f '$ ? Y E elf - LI/P Sc'O pic; q; d JC&7I' r, /-"7/.J "K'III sd"" oj 7"'.1 C' 19 I( Jl/ ::!"-" y / ~I J7~~) . / E,S cf ~,<. =' c 3~ "'v r -4C!vF ';t C'ol]/rte;€/I/ /0 J'1. ov /? +"W Ar 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. ?7~(aV1~;~NV SIGN TURE C!<./f1.t" 02~ /ffr ~ 'DATE l . CITY OF DELRAY BEACH BOARD MEMBER APPLICATION DESIREE LYNN SNYDER ----- NAME 587 N.W. 45th Dr~~e, Delray Beach, Fl. 33445 HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) G. Thomas Catalucci Inc. (Interior Design) 420 East Palmetto Park Road, Boca Raton,FI. PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP 33432 --.------------ ---------------------- 495-0657 HOME PHONE 338-7688 BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Community Appearance Board LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) I have listed my appointments below. EDUCATIONAL QUALIFICATIONS four years and I graduated from Interior Design. I have attended the University of South Florida for The International F1ne Arts COllege majOrIng 1n LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. R("\~rrl-qL..E.d.u(';:! t' inn 'T'p;:!('he..t:....-Ger.t i f iratE". G. Thomas Catalucci GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Inc.. I .ill!Uil-'l...lll.t.~WLDesillner with this firm. The firm is an Associate Member 2.LiJ:.!~_ Ampr;(';:!n Sncip..ty of Interior Desi2ners. DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. T;::am prpJ;lpnrly nn tnp Ayrhif""prTlIT;=I1 r.%mmit-t"IP ;:It' Pin,::. tii;:lir P;:!c:r4 which is very similiar to the Community Appearance Board ut on y respons1 e or our developemen -1~y current position as an Interior Designer I routinely design and pre~e visual conceptions as well as incorporate the asthetic values of design to enhance the overall PLEASE ATTACH A BRIEF RESUME. appearance. 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. rtA1'Jh" ~ rL ;In 11,-;;(/ A.) , SIGNATURE ~ /., /z:;a.. -----:.Li../.k<.L---____ DATE . / DESIREE lYNN SNYDER 587 NORTH WEST 45TH DRIVE DElRAY BEACH. FLORIDA 33445 3054950657 o " CAREER OBJECTIVE: TO PURSUE A CAREER IN THE INTERIOR DESIGN FIELD. " 0 .~ EDUCATION: INTERNATIONAL FINE ARTS COllEGE MIAMI, FLORIDA RECEIVED ASSOCIATE OF ARTS DEGREE MAY 2,1987 MAJOR: INTERIOR DESIGN UNIVERSITY OF SOUTH FLORIDA TAMPA. FLORIDA ATTENDEDAUGUSTI981-MAYI985 MAJOR: liBERAL ARTS MORRIS CATHOLIC HIGH SCHOOL DENVlllE, NEW JERSEY RECEIVED DIPLOMA MAY 2.1981 RELATED WORK EXPERIENCE: 2/87 - 3/87 MOSHE COSICHER. A.I.A. INTERNSHIP ARCHITECTS AND DESIGNERS NORTH BAY VillAGE, FLORIDA 9/87 - 12/87 WilSON/JENKINS 8< ASSOC. INC. ARCH ITECTS/ENGI NEERS/PlAN N ERS POMPANO BEACH, FLORIDA l . PROFESSIONAL SKILLS: CONCEPTUALIZATION AND DESIGN OF COMMERCIAL AND RESIDENTIAL INTERIORS, TEXTILE COORDINATOR. SPACE PLANNING, DESIGN OF FUNCTIONAL FLOORPLANS, ARCHITECTURAL LETTERING. FURNITURE DESIGN, ABILITY TO COMMUNICATE EFFECTIVELY, COLLABORATED WITH ARCHITECT AND DESIGNER IN FINALIZING DESIGN RENOVATION, SUCCESSFUL ORGANIZATION OF PRESENTATION BOARDS. RESEARCHED AND COMPILED DATA IN PREPARATION FOR PROPOSED DAYCARE CENTER, INTERVIEWED POTENTIAL CLIENTS. SECURED FINANCIAL INFORMATION ON PROSPECTIVE CLIENTS, DEVELOPMENT AND COORDINATION OF CLIENT PROGRAMS. TRAVEL: BERMUDA, CANADA AND MEXICO ACTIVITIES: HIGH SCHOOL VARSITY CHEERLEADER, FRESHMAN HOMECOMING REPRESENTATIVE. STUDENT COUNCIL REPRESEN- TATIVE AND A MEMBER OF THE LITERARY GUIDE CLUB. I AM PRESENTLY ON THE ARCHITECTURAL COMMITTEE AT PINE TRAIL EAST COMMUNITY AND I AM AN ALUMNAE OF ALPHA DELTA PI SORORITY. REFERENCES: FURNISHED UPON REQUEST. . APPLICATIONS CODE ENFORCEM~NT BOARD Sandra williamson Almy 1103 Vista Del Mar Drive South Samuel M, DeOto 518 Rye Lane Lorraine W. Kasper 3000 Spanish Trail Catherine G. Newkerk 118 Highland Lane Frank A. Rozzo 226 N. Swinton Ave. Murray Schroer 2345 N.W. 14th St, Vincent A. Vorraso 955 Eve Street 37 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION SAn~rR Wil1iAm~on Almv NAME 1103 Vista Del Mpr Drive Souih Delray Beach HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) 33483 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP "78-S35l HOME PHONE BUSINESS PHONE ON~AT BOARDS ARE YOU INTERESTED IN SERVING ])lanning & Zoning, ..' CQd.e._En r 0 r c eme n t....-J:;omn'un i.t..1L-2-Ulle a ra nc e , v~tiL'if'JvLc e LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS Snecielisi in Education, C'niversi~ of GeorgiB. 197Bl. ~'estpT~ in "e1ucptlQ.!h. C'niversity of Geor~ia. 197~~achelor of fri~. Wps]pvan College, 1965 LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. "lorirla anrl Georrris teaching certificatps GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER AND POSITION Palm Beach Couniv Schools, J .C. Miicbell Special Educat ion Center~oca Raton: Progrp,n-coordinator DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. 1 hBve an ability 10 research nroblems & utilize information to ma1<e infoTI'1"d i1pci~ions ps ".,,11 as io anT)ly administ:rat1ve-nlres and rr'C!ulfdinns to ~TH"cific 'typal 'World" ~ittlE,;1:ion8. I R'1l exn~r1pnced 1n decision making end fllnctioning in a nosition of authorITY:" PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE 'TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTUEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. "",J,w:iw.< 11: ClL(f- SIGNATURE ~ -30-11 --~------------ DATE 1 << - CITY comn [ON cJ. ,,--' (r ,,~. /) CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Samuel M. DeOto NAME 518 Rye Lane, Delray Beach, FL 33444 HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) 330-A N.E. 4th Street, Delray Beach, FL 33444 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP 276-6899 HOME PHONE 276-5407 BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Code Enforcement Board or v Pl~n;ng ~nn ~nn;ng ~n~rn LIST ALL CITY BOARDS ON WHICHY~U ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) None EDUCATIONAL QUALIFICATIONS Younqstown State University, Youngstown, Ohio Co] leg''' of Bm;;n.,,,,, Administration. 1968 - Cardin~l Moonev Hiqh 5",hQr\1. 'Qe:;.~ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. State Certified General Contractor - Since 1982 - CGC 023784 GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION DeOto & Associates, Inc. - Owner/ PreSident DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. 20 yrs. Construction experience in all phases from Planninq, Development. Management and Construction of a variety of Commercial ~nn R~~inAnr;~l Prnj~~rQ 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. () 11--'_'.e ~ SIGNA URE a~ February 9, 1988 DATE . SAMUEL M. DeOTO BRIEF RESUME Ten (10) years a Resident of Delray Beach at: 518 Rye Lane Moved to Fort Lauderdale in 1968: My Objective is to help serve the Community by Becoming an Active member on "City Boards. Married for Sixteen (16) years to Norma R, DeOto Activities of Golf and Fishing Attached Resume of Work History Thank You for your time and Consideration as a Board Member. Samuel M, DeOto ~~Lu/J~1 t3e ~ SAMUEL M. DeOTO 518 Rye Lane Delray Beach, Florida 33444 (305) 276-6899 FLORIDA GENERAL CONTRACTOR WORK HISTORY 1984-1987 President, DeOto & Associates, Inc., Delray Beach, Florida 1983-1984 Project Manager, Commercial Center Development Corporation, Boca Raton, Florida Construction manager of seven (7) shopping center developments from permitting thru tenant occupancy 1981-1983 Pro ect Mana er/Su erintendent, Gene A. Bernard & Assoc1ates, Inc., Genera Contractor, Lake Park, Florida Del Mar Shopping Village, 140,500 s.f.,$4.5 million Sea Gate Beach Club, Renovation, $1.3 million 1980-1981 Project Manager, Meadowbrook Lakes, Inc., Owner/ Developer, Dania, Florida Meadowbrook Square Shopping Center, 100,000 s.f., $4.0 million 1978-1980 Project Superintendent, Gene A. Bernard & Associates, Inc., General Contractors, Lake Park, Florida The Arbor Shopping Center, 75,000 s.f., $1.8 million Trail Plaza Shopping Center, 50,000 s.f., $1.0 million Private Residence, 3,000 s.f. 1976-1978 Pro'ect Su erindentent/General Foreman, Garden Commerc1al BUll ers, Inc., Fort Lauderdale, Florida Delray Medical Center, 30,000 s.f., $1.0 million John U. Lloyd State Park, Dania, Florida, $1.0 million 1968-1976 EDUCATION Youngstown State University, Youngstown, Ohio College of Business Administration, 1968 . CITY OF DELRAY BEACH BOARD MEMBER APPLICATION !I"\. k c; L () R ,"( (7 /1') ,~' Uj , NAME ....--, - I ' r;J;;,-'O 00 '-" f'.a r) (~. I"; I P, HOME STREET ADDRESS, CITY, ZIP (LEGAL tJ I/,A/ I;: t:fis PL~P' p,~I,,(~ RESIDENCE) Bvc<f. ~, .Y -:::;, ::: :: ',;" 0 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP --, -, ," r;, I} ./~ /;L - .,-'-:) '/ L HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING C-o ~ E- (C'T< 1= A, /J:-,) P ( . C />/' f; /"rr - f./ (., - , - f / ~ I .. - - j ,.> ,.-" ) ---- LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS ~ ts <; "" ~/\~" Irv ( v,-, 1")-' I r y,. / ~--_..... / ----------~------- LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION S / t<.? C C . /'I! UJ j n c.; I", 2:J-<lfL.l..-D-h ()Y'>}~\J C:"'.S/,f').,( .',I?, ~..SU~:-!_+-I;Y)( ___I, 1Z"t Y 2> -- 8 't c....n.~1L0dJ' '/ I ,I NJj(? '-' -7 cJ.9 '3:--+ IJ \1)- r l:.A.JJ i.1</ P Il C"c' l'e' {) DESCRIBE EXPERIENCES, SKILLS THIS BOARD. C, ,""1.1-"& I? 1'/ 1..... -----rAt.:: \/t:-c~ Kf I OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON Ie (1'/ 1:/ "-' )\ 6- O..!i to:.. -'-:"......J.::': . p c{ (",' ~-" ,,,- , ,.- PLEASE ATTACH A BRIEF RESUME. C r"''"'', ) I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I 7IVE. V~ Y/!, ~,-'" AND AP- MAY -,--.-----.--- 71, ~"Ji . A/ f./'-/' -,// L ~--- fr- . ~ '-' ,. rr" ~ ,/, /. ',/ {. SIGNATURE -----.-------- ---.--------- DATE 1 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME (A1fIL!I'/N6 G fhU)!(t:A!<, I/? llle I-I LH N U I;-It:/- )X: L t Ii '1 Su-lcJt fL~ HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) / 3c IV k. 1.6 -r. h LI,-~-! '-I bt::A Cj-J, r:- L ..3'3 -1~/,-/ PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP 33';.!~ :..-1/ /'! () / f {j HOME PHONE d?f- ()I d ~ BUSINESS PHONE ON0Wf!,AT BOA,RDS ARE. YOU. INTERESTED IN SERVING ' tf.." Of EfI(l'(.:;(JCi:.dJt:d/ f :../-I ItJii/ N c~ I/N iJ ::..L...I:!..LfII // LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) NC~~ EDUqATIONAL QUALIFICATIONS 1~^(ji(i:::K.15 Uc'/e-iYSc , 1 ' ,,') I 11 (1.0:: IV1 f1ruINlrt. (/~jl/)f.:..t...$/TY LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. br.'Wr:~ U,-LNSI. 1.1/"' Lj,rlTt:. GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION uU.'Iv.:::.Ldl:.u-{d( e'EN Tu j;.'-/ :)/ Ii I uk!:. IN II-leSt/iv , ~ DESCRIBE EXPERI,E~CES" SKILLS ,OR ~NOWLEDGE ~HI,CH ,QUALIFY YOU TO SERVE ON 'T'BI.<: BOA Ill). ---.tu.J:- LC :'II~ k .; f.. L r(cf... t-!tv D I IV 11:./\ c.!; I /iV I J-IL C t r'LK /k U,',J '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. 1 . t .! 'I' ,~ _.Mj',,'J. ,',t:/.. /; !jd', /1.01\/ SIGNATURE _l-N, flY ----------- -------.---.---- DATE . CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Frank A. Rozzo NAI1E 226 N. Swinton Ave. Delray Bch. Fl. 33444 HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) Same PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP (407) 278-2141 HOME PHONE (407) 278-6079 BUSINESS PHONE WHAT BOARDS ARE YOU INTERESTED IN SERVING ON: - Code Enforcement Board LIST ALL CITY BOARDS WHICH YOU ARE CURRENTLY OR HAVE-PREVIOUSLY SERVED ON. (Please include dates) None. Self-Emoloved Roofinq Contractor Owner GIVE YOUR PRESENT,OR MOST RE~ENT EMPLOYER,AND POSITION. F. Rozzo Roofing. DESCRIBE EXPERIENCES, SKILLS, OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. 10 year's roofing experience in south Florida, and knowledge of the codes and woking with inspector's and craftsman in the construction business. LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. Roofing Contractor #cc c042816. State Liscense. 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 APPLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. *~~~~w (,,-- ~ ';} - ~~ DATE RESUME FOR FRANK ROZZO Graduated Boca Raton High School 1978 Worked eight years for Boca Raton Roofing Co.,Inc. Obtained FL. State roofing license in 1987 Home owner in Delray Beach. Willing to work for the betterment of our community. . CITY CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME b N.{A PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP .305"- a Co5'- I ~.~ If HOME PHONE ti/f! BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY . SERVED (Please include dates) . ~'!'~j;~~P})~ ~7ij;fJ~ ~~ ~V; Ie -!fl'11'-IN<;Pt:uTOR (-;'ENf!:"nlJLS T> - , ~. ,Vi Y.:. -J . EDUCATIONAL QUALIFICATIONS HIGf! 5t-"Af'Yl/-... r.#?I.iJjJltTE ~~~T ANY RELATED PROFESSIONAL CERTIFICATIONS AND LIC~NSES WHICH YOU HOLD. ~Mf18? ~ OHfiJ~/fT1Nf1JL !1S<t'J", CJ.l/P'.y<!; OF 'fbI-IcE l GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, ~ND POSITION -:Pm OF~r,f?{ATTtJ1J HEw~K ell)' - Il?~'r"f< DP'SAvtqf '~'16 DESCRIBE EXPERIENCES, THIS BOARD. QUALIFY Y(1) TO <:; -- . It:=F 1ft ~S-ntYI1TO'j<. \ 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. ~f,'~A~ IGNAT E ~~DA~~ /r97 RESUME Sept .1983 to Present 1968 to Sept. 1983 1974 to Sept.1983 1971 to 1974 ._~_.......-,- '" ""' L VI~CENT A. VORRASO 955 Eve Street Delray Beach, FL 33483 305-276-0653 VINCENT A. VORRASO, CONSULTANT - Self-emoloyed as a consultant able to assist clients in any areas dealing with construction claims and the analysis of construction costs and techniques. Client contacts include attorneys, construction companies, engineers, architects, insurance companies, other claims consultants, and private individuals. Related services include value engineering studies, expert testimony, estimating quantities and/or costs of construction projects, schedulinq, and consultations on various construction problems and techniques. " LISBON CONTRACTORS, INC., Danboro, PA - Sanitary sewer, water line, treat- ment plant and pumping station contractor. Maximum annual dollar volume $40 million, 500 employees, projects from Connecticut to Florida. Executive Vice President - Second in corporate authority answering to the President. Accountable for the Engineering and Construction Divisions of the corporation. Directly responsible for initiating action or litigation on claims for additional costs on projects. Separate claims have varied in value from $200,000 to $l,500,000. Largest single settlement was $1,500,000. Assist legal counsel in preparation of defense for suits filed against the corporation. Advise on interpretation of construction contracts and pursue determinations to protect the rights of the corporation against various pro- visions contained therein. Most notable litigation initiated in New York State resulted in U.S. Supreme Court decision against discriminatory state labor law. Prepare and implement construction schedules and monitor both job progress and payments. Duties performed jointly with the President include purchasing of materials and equipment, finalizing of subcontracts for specialized or minor items of work, assigning of personnel and equipment to jOb sites, and bidding of new projects. Corporate growth in annual volume of work increased from $15 million to $40 million during this time period. Chief Engineer - Assisted in the preparation of schedules for construction. Submitted det ail and shop drawi ngs for materi al sand equ i pment. Revi ewed material and subcontract costs and recommended acceptable proposals. Prepared proposals for additional work and recommended construction pro- cedures to facilitate special conditions. Designed and submitted special methods of construction to owners and consulting engineers for approval, i.e., design and construction of a steel-sheeted cofferdam pipe crossing on the Hackensack River in Bergen County, NJ. Supervised the preparation of projects for bidding and finalized all bid materials and subcontract costs. Advised on claims for additional costs and assisted in preparation of same. Corporate growth in annual volume of work increased from $10 million to $15 million during this time period. l . RESUME 1968 to 1971 1966 to 19G8 1965 to 1966 EDUCATION VINCENT A. VORRASO Page 2 Engineer/Estimator - Prepared projects for aid. Duties involved site investigation, test drilling, estimating quantities and preparation of proposals. All material and subcontract costs were prepared prior to final bidding. Ordered and scheduled material deliveries. Prepared weekly estimates of work completed for profit and loss accounting. Supervised construction of corporation's first treatment plant contract for mechanical work totaling $350,000. Corporate growth in annual volume of work increased from $3 million to $10 million during this time period. JAMES D. MORRISSEY, INC., Philadelphia, PA (General Contractor) Project E~ineer - Assi9ned to major foundation construction project at U.S. Steel, Fairless Works. Responsible for estimating units and preparing monthly requisitions for payment of over $12 million in work performed. Prepared, presented and obtained payment for $1 million in change orders for additional work. Other duties included calculating survey data and super- vising the survey crew, assisting the superintendent in scheduling work, and coordinating work with that of other contractors and the mill schedule. CITY OF PHILADELPHIA, DEPARTMENT OF RECREATION, Philadelphia, PA Construction Engineer - Inspected all phases of construction at various construction sites throughout the city. Projects varied in size from $200,000 to $2,000,000 and included both major and minor additions. Duties involved coordinating construction among various prime contractors, reviewing and approving shop drawings and submittals, and recommending requisitions for payment. 1965 - Bachelor of Science in Civil Engineering, Villanova University, Villanova, PA. Attended various seminars on contracts and construction claims. PROFESSIONAL MEMBERSHIPS American Arbitration Association - Panel Member. Utilit Contractors Association of Eastern Penns President and Chairman of the Board of Directors 1980). Board of Directors (1977/1979). Vice President (1979/ National Utilit Contractors Association Washington, D.C. Member Board of Directors 1979 to 1982 . REFERENCES Furnished upon request. REFERENCES SChnader, Harrison, Segal & Lewis Suite 3600 1600 Market Street Philadelphia, PA 19103 Otis W. Erisman, Counsel 215-751-2334 Ned Rahn, Esq. 2l5-751-2328 Cutler, Kraut & Harris 633 West Germantown Pike Plymouth Meetine, FA David Kraut, Esq. 215-828-4400 Cozen & O'Conner 1900 Market Street Philadelphia, PA 19103 Jack Thorn, Esq. 215-665-2150 United States Department of Justice 550 11th Street Room 1137 Washington, DC 20004 Joan Hartman, Esq. 202-724-8207 MDC Systems Corp. 1818 Market Street Philadelphia, PA 19103 Samuel Breskman, P.E. 215-299-8019 Buchart/Horn Associates p. O. Box M55 York, PA 17405 Thomas Watt, P.E. 717-843-5561 Lewi3 & Zimmerman Associates, Inc. Suite 512 6110 Executive Blvd. Rockville, MD 20852 Larry Zimmerman, P.E., Exec. V.P. Hary Ann Lewis, President 301-984-9590 Wagner, Hohns & Inglis, Inc. 100 High Street Mount Holly, NJ 08060 James Rowan, V.P. 609-261-0100 Safeco Insurance Co., Inc. 555 Kinderkamack Road Oradel1, NJ 07649 Kent Allen, Surity Claims 201-262-4311 Mar-Chelle Corp. 289 Beaver Brook Road Lincoln Park, NJ 07035 Robert Kerris, V.P. 201-628-7300 Alan Nyc=:rs, Inc. Berks Road Worcester, PA Ross Myers, President 215-584-6020 E&D Contractors, Inc. 231 South Easton Road Glenside, PA 190j8 Edward Warren, President Frank Homsher, Vice President 215-576-0944 Gordon L. DeLozier, Inc. One South Montgomery St. Hollidaysburg, PA 16648 Doug DeLozier, V.P. 814-695-9379 Lisbon Contractors, Inc. Rt. 611 & Ferry Road Danboro, PA 18916 John Serafini, V.P. 215-348-2976 American Arbitration Association 1520 Locust Street Philadelphia, PA 19102 Earl Helfand, Tribunal Administrator 215..732-5260 American Arbitration Association 2250 S. Ii. 3rd Avenue Miami, FL 33129 Pedro Roman-Correa, Tribunal Administrator 305-854-1616 . C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~-WALTER O. BARRY, CITY MANAGER ~~.J.\ K~~~;;~~TOR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF JULY 12, 1988 AGENDA ITEM RECOMMENDATION OF THE HISTORIC PRESERVATION BOARD TO DESIGNATE THE SUNDY FEED STORE AS A HISTORIC STRUCTURE ACTION REQUESTED OF THE COMMISSION: To accept the Board's recommendation, to prepare an enacting ordinance, hearing date (July 26, 1988). direct the City Clerk and to set a pUblic BACKGROUND: Pursuant to prov~s~ons of the City's Historic Preservation o,.6."'~ steps have been taken to designate the Sundy Feed Store as a historic structure. This subject came to the attention of the Board when it was discovered that Ocean Lumber was to sell the property upon which the Sundy Feed Store is located to Misner Electric, a neighboring business. As demolition would occur, it was thought that by designating the building as historically significant. an impetus would be created to have the structure moved to Morikami Park. As required, a designation report was prepared by the Board (copy attached). A public hearing before the Board was duly noticed, advertised, and held on June 9, 1988. HISTORIC PRESERVATION BOARD RECOMMENDATION: The Board unanimous comment. considered this item on June 9, 1988, and forwarded a recommendation of approval. There was no public 38 l . To: WaIte:. Barry, City Manager Re: Recommendation Of Historic Preservation Board To Designate The Sunury Feed Store As A Historic Structure Page 2 RECOMMENDED ACTION: By motion, accept the Board's recommendation, direct the City Clerk to prepare an enacting ordinance, and set a pUblic hearing date (July 26, 1988). Attachment: designation report REF/DJK#25/B:CCSUNDY.TXT 1 . .DRAFT ( ( DRAflr HISTORIC PRESERVATION BOARD SUNDY FEED STORE (SFS) DESIGNATION REPORT I. PURPOSE The purpose of the Sundy Feed Store nomination on the Local Register of Historic Places is to: A) create awareness of the town's architectural structural, historical buildings, B) provide a framework of appreciation for a particular era of the town I s development, C) encourage restoration and adaptive reuse of a structurally significant building, D) acknowledge the economic contribution of one of Delray Beach's first families, the Sundy Family. II. LOCATION (SURVEY ATTACHED) The Sundy Feed Store is situated adjacent to the Westside Spurtracks of the main line of the FEC Railway. It is North of East Atlantic Avenue and directly North of FPL transformer station, East of Ocean City Lumber, and 153 feet south of Northeast 1st Street, facing East on Io!hat is commonly known as Railroad Way. The legal description is the south 85 feet of the .North 153 feet of Lot 1, Block 84, Delray Beach, Palm Beach County. It represents the first point of embarkation for all agricultural supplies reaching the community from the North and West. A similiar supply depot was established on West Atlantic Avenue at the Seaboard Railway during the mid 1930's. While the nearby Ocean City Lumber provided the communities imported building materials along the spur tract, the Sundy Feed Store served the area farmers. Adjacent to the town's first power station, SFS is believed by someone of the town's first electrified buildings. III. STRUCTURE Built in c. 1912 by Issac Taylor, a village carpenter, the SFS was intended as a tomato packing house. It was purchased c. 1913 by John Shaw Sundy as a distribution point for the Wilson and Toomer Fertilizer Company. The building is one of the town's few remaining with original building materials and dimension. Constructed on a battered brick foundation, of Georgia and Dade County Pine, the building is 50 x 100 (5,000 s. f. area) and approximately 25-30 feet in height. The four-side, rectangular structure displays a steep gableson its East-West facades, and is capped with the original tin roof. All glass windows has been removed. but openings are still detectable on all four sides with double windows accenting the upper loft areas. Double wooden door loading docks are centered on all the building sides. The materials features post-beam structural truss supports, and an upper level loft which travails above the entire East-West floor area. Two open staircases reach the upper room. The building was painted light grey in color from 1915-early 1970's. l . ( IV. HISTORICAL AND ARCHITECTURAL SIGNIFICANCE John Shaw Sundy (1864-1947), the town's first Mayor, prominent Bank Director, and farmer (greenbeans, lima beans, peppers, pineapples) and his descendants operated the SFS from c. 1913 to 1977. The Sundy's South Swinton Avenue home (1902) is the communities oldest. The SFS was th first store of its kind in the area. It vended fertilizer, feed, hay, crate material, plows, farm implements, and seeds (bean and pepper). It provided valuable resources to the emerging farming community. During the early 1920' s, the SFS loading area was the point of arrival for mules trained from Missouri and Kentucky to build the road network for neighboring Boca Ratone. The Sundy Family were active hay brokers and buyers from Ohio and New York commodity markets. Addie Sundy (1895- ), daughter of John Sundy, operated the store with her late sister Sadie after their father's passing. According to Miss Addie Sundy, despite the bank collapses of the 1920's and subsequent depression, the SFS continued to supply the area farmers with their needs in order to keep seasonal crops at high levels. The SFS serves as a reminder when Delray Beach was one of the most substantial farming towns in Florida and its produce was shipped around the country. During the early years, the SFS was visited by Seminole Indians who purchased salt to cure hides. Architecturally, the building exhibits a structural longevity and integrity and reveals a quality of enduring building materials. Original dimensions with no alterations and original elements are all contained in this exemplary commercial vernacular structure. V. PRESENT USE, CONDITION AND ZONING The SFS was a commercial structure from c. 1913 _ 1977 when it was purchased by Ocean City Lumber. It is being used as a minimal storage area by the Lumber Company. The Historic Preservation Board has been informed by Ocean City Lumber that Misner Electric Company (adjacent on the Northside of SFS) has optioned the property, and intends to demolish the structure. The site will be used for parking. The condition is structurally sound, and d"isplays neglect and dysfunctions. Except for minimal termite intrusion, the SFS exhibits remarkable craftsmanship and carpentry. Due to its height and weight, the structure can not be moved intact. Reported by, the SFS sustained only minor water damage during the hurricane of the late 1970's (160 + wind). The site is zoned Central Business District. VI. IMPACT The structure's location provides a streetscape continuity with the once FEC train station and Ocean City Lumber Company when the train's impact was foremost in Delray Beach. Its removal would remove from sight the final living glimpse of the vital role agriculture played in the town's development. 1 ( ( VII. RESOLUTION The Historic Preservacion Board (HPB) of Delray Beach accepts this designation report and resoluCion Co place the Sundy Feed Store on its Local Register of Historic Places. The HPB finds it is consistent with the City's acknowledgement of its architectural and historical resources. Further. the designation serves as a permanent reminder of Delray Beach's agricultural roots, and as a contribution of one of its first families, the Sundys. C I T Y CO M MIS S I ON DOC U MEN TAT ION FROM: / ( WALT~R O. ,BA~Y, CITY MANAGER \",-- L C,- ,\ \ j 1(0 '~(cc ) LlAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JULY 12, 1988 AGENDA ITEM TO: RECOMMENDATION OF THE PLANNING AND ZONING BOARD TO APPROVE THE F.D.K. INDUSTRIAL SITE PLAN ACTION REQUESTED OF THE COMMISSION: Approval of a site plan pursuant to 173-86 (site and development plan approval). BACKGROUND: This development proposal has been around for quite awhile. In June, 1987, a site plan for the property was reviewed by the Planning and Zoning Board in a work session and was thoroughly rejected. Over the ensuing months the project has been scaled down considerably and all demands imposed by the Board have been met. During this period other events occurred which caused the Board to rethink the appropriateness of piecemeal industrial development in this part of the community. One of these events was the contamination of Wellfield 20; another, the County's Wellfield Protection Ordinance; another, the potential for a connection of SW 12th and SW 14th Avenues via the procacci housing development. Two concepts were considered. One was to have the area assembled and developed as a master planned industrial park (thus providing better design and the potential for some controls on tenants) and the other was to consider multiple family housing as a more appropriate land use. The Board invited the Community Redevelopment Agency to a special work session to discuss these items. The CRA then met with owners of most of the industrial land. The CRA thought that a master planned industrial park was a good idea and offered to acquire two RM-6 lots if it became appropriate to do so. They did not support a change in land use designation (see attached letter). However, the CRA did not take a leadership role to actually promote a single industrial development and the individual property owners proceeded with their individual plans. The first of those plans, F.D.K., then went to the Board for review and action. 3'1 l To: walter Barry, City Manager Re: Meeting of July 12, 1988 Agenda Item ____ Recommendation of the Planning and Zoning Board to Approve the P.D.K. Industrial Site Plan Page 2 PLANNING AND ZONING BOARD RECOMMENDATION: The Board considered this item on June 20, 1988. Lacking any support to proceed otherwise and acknowledging that the proponent has met with all of the demands placed on them, the Board, on a 4-0 vote has recommended approval of the site plan (see staff report for findings and conditions). The Board also acknowledged that the proposed development differs from existing development, to the west, in that it is larger and is to be operated as a single entity (as opposed to the individual parcel development which characterizes the area to the west); and, thus mitigates against some of the adverse aspects of piecemeal development. RECOMMENDED ACTION: By motion, approval of the site plan for the proposed F.D.K. industrial site as recommended by the Board (i.e. subject to conditions). Attachment: P&Z Staff Report of June 20, 1988 REF/DJK#25/B:CCFDK.TXT l PLANNING ~ ZONING CITY OF DELRAY BOARD BEACH MEETING DATE: STAFF REPORT JUNE 20. 1988 AGENDA ITEM: IV. H ITEM: CONSIDERATION OF SITE PLAN APPROVAL FOR A LIGHT INDUSTRIAL DEVELOPMENT FOR FRANZ, DELK AND KENNARD ON THE WEST SIDE OF S.W. 12TH AVE., BETWEEN S.W. 10TH ST. ~u ~.w. Oln ~1. @ / C- · t ., ,l~~ e. '~1IlL ....... . I- " GENERAL DATA: OWners. ................ ...... ...Manfred Franz, J&mes G. Oelk and Samuel K. Kennard Agent.......................... . Cliff Breuning Wolff & DeCam~llo Assoc. Architects Planners, Inc. Location............ ............west side of S.W. 12th Ave. bet~een S.W. 10th St. and S.W. 8th St. Property size...................3.2 Acres 1134.034 Sq. ft.) City Plan Designation. ..........lndustrial Adjacent zoning....... ..........North of subject property is RM-15 (Multiple Family Residential). East is zoned RM-6 (Multiple Family Residential). South and West of the subject property is zoned LI (Light Industrial). except for RM-6 on ~wo lots to the Southwest. Existing Land Use...... .... .... . Property is vacant land Proposed Land Use..... .... ......Four light industrial buildinqs Water Service........ ....... ....Existing 6" water main on the north sides of s.w. 10th St. and s.w. 8th St. Also. existing 4" water line on the east sides of S.w. 13th St. and S.W. 12th St. Sewer Service.................. .Existing sanitary sewer on the west side of S.W. 12th St. and on the sou~h side of S.W. 10th St. ITEM: ']Sl. II I . ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a site plan for the Frank, Delk and Kinnard Light Industrial Development. The development is proposed on a 3.2 acre parcel located north of S. w. 10th Street, south of S. w. 8th Street, east of S. w. 13th Avenue, and west of S. w. 12th Avenue. BACKGROUND: In December 1986, a preliminary site plan for 52,243 square feet of industrial development was submitted to the Planning and Zoning Department. The proposed development consisted of two buildings, each having approximately 26,120 square feet. Three access points from S.W. 13th Avenue, three access points from S.W. 14th Avenue, and one access point from 8th Street was proposed. After initial staff review, revised site plans werT resubmitted, and a staff "approval" was given on March 6, 1987. A formal site plan submittal was made on May 5, 1987, for a 51,798 square foot industrial development. The site plan received CAB (Community Appearance Board) approval on May 27, 1987. On June 3, 1987 the site plan was discussed by Planning and Zoning Board at it's workshop session. The Planning and Zoning Board had concerns at that time regarding proposed access from 12th Avenue, potential impacts on adjacent residential uses, and the intensity of use, that of 32 proposed warehouses. The Board directed the applicant to address the following concerns prior to returning to the Board for official action on the site plan: A. The Board preferred store fronts to be facing eastward. B. The applicant should provide a six foot decorative wall along the east and north property line. C. Access from S. w. 10th Street only if approved by Engineering. D. Elimination of access from S. W. 12th Avenue. At the Planning and Zoning Board meeting of June 18, 1987 the site plan was presented with a recommendation of denial and was then continued so that alternate plans could be considered. An accompanying preliminary plat which combined all the individual lots into one was approved subject to four conditions. A revised plat addressing those conditions has not been submitted; thus, that approval became void. Several alternatives of site development have been reviewed that time. They have involved proposed development ranging 37,810 square feet to 43,460 square feet and involving four since from or l To: Plannin~ and Zoning Board Re: Agenda .em IV.H. Regular Meeting of June 20, 1988 Site and Development Plan for Industrial Development (F.D.K. ) Page 2 five buildings. After several meetings submittal which attempted to meet all code wishes of the Board has been submitted. review at this time. with the Board, a requirements and the It is the item under PROJECT ANALYSIS: DescriPtion: The latest proposal is for the development of a 37,810 square foot industrial development on 3.2 acres. The project consists of four free standing buildings with all overhanging doors orientated inwards away from adjacent residential uses. The use mix is 52.9% Industrial uses with 47.1% attendant storage. The mix will require monitoring through the occupational licensing procedures in the Building Department in order to assure compliance with the site plan (i.e. insuring that the mix is maintained in order to meet parking requirements). Four access points are proposed along SW 13th. N~ access is proposed from S.W. lOst. or S.W.12th and S.W.8th street which both have adjacent residential uses. A 30 foot landscape buffer is provided adjacent S.W.8th Street; a 21' landscape buffer along S.W. 12th Avenue; a 30' landscape strip along the majority of S.W. 13th Avenue; and a 10 foot landscape strip along S.W. 10th Street. Site Plan Analysis: criteria outlined in Site and Development of that review. The site plan has been reviewed using Section 30-22(D) "Standards for Evaluatinq Plan Applications". Following is the result Standard #1 (sufficiency of materials) has been met with an acceptable submittal. Standard #2 (impact of the proposed use) Impact of the proposed use has been a concern with regards to the residential neighborhoods to the north, east, and the residential duplexes to the southwest. Potential impacts have been mitigated through the prohibition of direct access from the site to any street which boarders residential use and through maintaining the special "district boundary" separations as required by code. In addition, a block wall is provided along the projects easterly boundary. Standard #3 (ingress and egress) and Standard #4 (off street parking and loading) Access is proposed from s.w. 13th street only, thus limiting the impact of the development on adjacent residential uses to the north and east. Loading areas are provided at the ends of the buildings in dimensions of 12' by 100',12' by 100', 12' by 56', and 12' by 90'. Twelve foot by pass lanes (around the loading areas) have been provided per fire department's request. Additional loading areas are provided in . To: Plannin ~nd Zoning Board Re: Agenda .em IV.H. Regular Meeting of June 20, 1988 Site and Development Plan for Industrial Development (F.D.K.) . Page 3 front of individual bays. Parking has been provided based on a 52.9% Industrial and 47.1% attendant warehouse mix. The mix will require monitoring by the Building Department to assure compliance. Standard *5 (screens and buffers) A 30 foot landscape strip is provided along S.W. 8th Street, a 21 foot landscape strip along S.W. 12th Avenue, a 10 foot landscape strip along S.W. 10th Street, and a 30 foot landscape strip along the majority of S.W.13th Avenue. Trees and hedging are proposed within the landscape strips. A wall is provided along S.W. 12th Avenue. The City Horticulturist has requested that the proposed hedging along S.W. 12th Avenue have a "meandering" look; that hedging proposed along S.W. 8th street be increased to a minimum of 4 1/2 feet at planting and grown and maintained at 6 feet -- visually protecting adjacent residential areas. Standard *6 (drainage) A French drain and will be reviewed for adequacy submittal. No problems are apparent. drainage system is proposed with the subsequent plat Standard *7 (sanitary sewers) and Standard *8 (utilities) Sewer service will be obtained from 2 proposed 6" service laterals which will connect with the existing 8" gravity sewer located along the west side of S.W. 12th Avenue. Existing 4" water mains exist along both S.W. 13th Ave. and S.W. 12th Ave. and 6" water mains exist along both S.W. 8th Street and S.W. 10th Street. Water service is to be provided by 1 1/2 " service extensions to each building from the water main located along the eastern edge of S.W. 13th Ave. Replacement of the four inch water mains along both S.W. 13th and 14th Avenues with 6" mains is required for adequate water flow. for proposed Fire Hydrants and the developer must bear the expense. This system upgrading and installation of fire hydrants, at a maximum of 300 feet road travel distance from each other plus two additional fire hydrants at the north and south borders of the development, are all at the expense of the developer. Standard *9 (recreation and open space) This requirement is not applicable in that the project is an industrial development. Standard *10 (site development) deals with overall impact of the site development. The proposed project meets the standard in that attention has been given to minimize impact to adjacent residential areas thru landscape buffering and limiting access to S. W.13th Avenue. To: Plannir~ and Zoning Board Re: Agenda cem IV.H. Regular Meeting of June 20, 1988 Site and Development Plan for Industrial Development (F.D.K.) Page 4 Other Site Plan Matters: Though a revised site plan has been submitted and most of the formal review comments have been addressed, the following comments have not been addressed: 1. A lighting plan showing location, type, height, intensity, and direction of lighting must be submitted. The lighting must be directed away from adjacent residences pursuant to Section 30-14(N)(2). 2. Pursuant to Palm Beach county Wellfield Protection Ordinance, an Affidavit of Notification must be completed and returned to the Planning and Zoning Department. Special monitoring of ground water may be required by the County. 3. Replatting is required and must include dedication of ten feet of additional right-of-way along S. W. 8th Street and an additioQal five feet,of right-of-wayl along S. W. 13th Avenue. 4. A dimension discrepancy exists along the east perimeter of the site. Buildings on the original submittal shown with a fifty foot setback pursuant to Section 30-17(J)(2)(b) are shown on the revised submittal with a forty-nine foot setback. The dimension must be corrected to reflect the required fifty foot setback pursuant to Section 30-17(J)(2)(b). Community Appearance Board Matters: The item CAB (Community Appearance Board) on June approved subject to the following conditions: 1. Hedging along the S. W. 12th Avenue must meander in a configuration approved by the City Horticulturist. was reviewed by the 8, 1988, and was 2. Proposed Elm trees must be substituted with Pomgan trees. ASSESSMENT: From the site plan perspective (the actual action before the Board), the site is unique in nature in that it is narrow, abuts residential areas on two sides, and, as such, encountered design problems. The applicant, with his present submittal, has presented a plan which minimizes impacts to adjacent residential areas. The proposal complies with code requirements. To: Plannir and Zoning Board Re: Agenda __em IV.H. Regular Meeting of June 20, 1988 site and Development Plan for Industrial Development (F.D.K.) Page 5 During the latter stages of review of this project, questions were raised about the appropriateness of continuing with industrial development in an area which is close to residential use and which is close to the City's #20 Series Wellfield. Consideration was given to not allowing further industrial development and rezoning the area to residential use. Consideration was also given to requiring consolidation of individually owned parcels in the area and requiring future development as a single industrial park. The C.R.A. commented on these considerations by rejecting the concept of rezoning as they felt that it was important to retain our inventory of light industrial property. Also, while supporting the concept of an industrial park type of development and offering to participate in land assembly, they left the lead for such an action in the hands of the private landowners. The individual landowners seem to prefer to go forward with their separate projects. Since this is the first of individual industrial projects, the abutting project must design its. entries and landscaping to conform to ana compliment the F.D.K. site and development plan.' ALTERNATIVE ACTIONS: 1. Continue with direction and concurrence. 2. Recommend approval of the site plan subject conditions. 3. Recommend denial of the site plan because of negative impacts upon the immediate area; and, further, that the City take steps to either initiate a rezoning to multiple-family residential use or to require development of the light industrial area from S.W.12th Avenue to S.W. 15th Avenue as a single development. RECOMMENDED ACTION: By motion, recommend approval of the site plan subject to the following conditions: 1. Hedging along the S. W. 12th Avenue must meander in a configuration approved by the City Horticulturist. 2. Proposed Elm trees must be substituted with Pomgan trees. 3 A lighting plan showing location, type, height, intensity, and direction of lighting must be submitted. The lighting must be directed away from adjacent residences pursuant to Section 30-l4(N)(2). 1 . To: Plannir' and Zoning Board Re: Agenda ~em IV.H. Regular Meeting of June 20, 1988 Site and Development Plan for Industrial Development (F.D.K. ) Page 6 4. Pursuant to Palm Beach County We11field Protection Ordinance, an Affidavit of Notification must be completed and returned to. the Planning and Zoning Department. Special monitoring of ground water may be required by the County. Establishment of certain uses may be prohibited by the County. 5. Replatting is required and must include dedication of ten feet of additional right-of-way along S. W. 8th Street and an additional five feet of right-of-way along S. W. 13th Avenue. 6. A dimension discrepancy exists along the east perimeter of the site. Buildings on the original submittal shown with a fifty foot setback pursuant to Section 30-17(J)(2)(b) are shown on the revised submittal with a forty-nine foot setback. The dimension must be corrected to reflect the required fifty foot setback pursuant to Section 30-l7(J)(2)(b). 7. The proposed Ligustrum hedge along S. W. 8th Street adjacent to residential zoning should be planted at four and one half feet and grown and maintained at six feet to provide adequate bUffering. 8. The developer should aCknowledge that the four inch water mains along both S. w. 13th Avenue and S. w. 12th Avenue must be replaced at the developer's expense with six inch mains to accommodate flowage requirements for fire hydrants. 9. The developer must provide two additional fire hydrants, one along the north property line and one along the south property line to comply with the maximum spacing of 300 feet pursuant to Section 11-6 of the Delray Beach City Code. 10. Road impact fees, pursuant to the County's Ordinance, shall be paid at the time of issuance of building permits. 11. The site plan approval will be valid for a period of 18 months pursuant to Section.30-22 (E) (1). REF:PD#lO/A:FKK l CD -a . Community Redevelopment Agency . \-'R<:l~ ~ I" C ) ...... .- ,~~~.. . F\)~ ~. ~;. Delray Beach . May 30, 1988 IiECEIVED jUif 0 2 i983 PlM/'" .' ;.:, . " j liil, .. Mr. Robert Currie Chairman . Planning and Zoning Board 100 N. W. 1st Avenue Delray Beach, Florida 33444 Re: Rezoning of Light Industrial Land Adj acent to S. W. 10th street. Dear Mr. Currie, At their meeting of May 8, 1988 the Board of the Community Redevelopment Agency discussed the possible rezoning of land adjacent to S.W. 10th street from its present classification as Light Industrial. The property owners from a portion of Block 4 and all of Blocks 6 and 8 were present at the meeting and par- ticipated in the discussion. A number of concerns, ranging from a possible downzoning to the need for residential buffering and protection of the City's wellfield were mentioned. It was the unanimous decision of the CRA to recommend to the Planning and Zoning Board and to the property owners that the parcels be combined and that the City entertain the aban- donment of S.W. 13th and S.W. 14th Avenues so that the entire area could be planned and developed as an industrial and busi- ness park with appropriate buffering of the residential areas and protection of present and future well sites. In the event that this was accomplished, the CRA would explore the acquisi- tion of lots 1 and 14 in block 6 to complete the parcel. Failing this, it was the recommendation of the CRA to sup- port the approval of the Franz development and to strongly recommend that the balance of the property retain its current zoning as Light Industrial. It was mentioned during the CRA discussion that there is a lack of appropriately zoned land for industrial development in the City and that the lack of land is retarding job opportunities in the community. 64 S,E. 5th Avenue, Delroy Beacr" Florida 33444 (305) 276-8640 . munily Redevelc ,eeAgencv, Delroy Beach t:- Mr. Robert Currie Chairman, Planning and Zoning Board Page 2 I do hope that the Planning and Zoning Board will take these comments into consideration. Please notify the Agency of- fice when this matter is scheduled for discussion again at your meetings. Sincerely yours, Lynch cc: Mr. David Kovacs l , [IIY OF DELAR~1j, 8ERCH CITY ATTO~NEY'S ~!"?"~ ",'"''l''' . .;"" \, I MEMORANDUM Date: June 22, 1988 To: City Commission From: Susan A. Ruby, Assistant City Attorney SUbject: Walter Peters vs. the City of Delray Beach, Florida - Edward Khouri and Gena pruesser Walter Peters through his attorney, Harvey Kaufman, Esq. has offered to settle his claim against the City for $3,500. This suit arises out of an incident which occurred on February 10, 1985. Walter Peters is claiming that canine Earl, formally with the City's police canine unit, inflicted multiple unnecessary and unwarranted dog bites and that the City was negligent. Our office recommends that the Commission accept this settlement offer. If you should desire further details about the incident or about our recommendation, please do not hesitate to contact me. By way of a copy to the City Manager, our office requests that this settlement offer in the amount of $3,500 be placed ~,.the soo~ available City Commission agenda. '--:::n (;/?in If . ~-1.Q:. SAR:ci cc Wal ter o. B ry,i Ci ty Manager Chief Charles Kilgore, Delray Beach Police Department Lee Graham, Risk Management Administrator 4-0 [ITY DF DElAAY BEA[H -,' '. ':1 ~ ';' ... "/::; '\iuE J:.LRAV B::,^'-"_rl -:,'.:,,':';' 1:.1 . :";') MEMORANDUM TO: Walter O. Barry, City Manager Robert A. Barcinski, Assistant City Manager/~ Management Services \\\ .\ \, V , ' . ,0(' 'i y FROM: SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _ JULY 12,' 1988 - VENDING MACHINE CONTRACTS (FOOD. SNACKS. JUICE) DATE: June 30, 1988 Item Before City Commission: City Commission is requested to (1) terminate a 1983 contract with Boca/Del Snax Company, due to non performance and breach to contract; (2) direct the City Attorney to pursue legal procedures to terminate and recover past due commissions and (3) authorize staff to enter into an agreement under the City of Boca Raton contract with All Brands Vending Company to provide food, snacks and juice vending services to the City. Back<;/rollnd: In 1983 the City entered into an agreement with Boca/Del Snax Company to provide food and snack vending machine services for the City. This was an open ended contract. Provisions for termination were only for breach of contract. Commissions of 15% of retail sales were to be paid to the City. The City has received no payment since May, 1984. Conservati vely, we have lost revenues of approximately $9,3000. In addition, service provided by Boca/Del Snax has deteriorated over the last few months, with no service being provided at this time. A recommendation from Ted Glas, backup information, financial loss analysis and a copy of the City of Boca Raton contract with All Brands Vending Company is attached. In order to provide our employees and citizens with immediate service, staff recommends piggy-backing the City of Boca Raton Agreement as per Code of Ordinances, Chapter 36, Section 36.02 (E) (2). Recommendation: Staff recommends Commission action as stated in item before Commission above. RAB:sk attachment T'~E E>'FORT ALWAYS MATTERS LfrA MEMORANDUM To: Walter O. 8arry- City Manager Thru: Robert A. Barclnski- Asst. City Manager~~ Ted Glas- Purchasing Director ~~ From: Subject: Vending Machine Contract (Food, Snacks. Juice) Date: May 31, 1988 Due to continuing problems with our current snack vending machine contractor, Boca/Del Snax Company, the following recommendations are made. .1. That Boca/Del Snax Company be notified that we are terminating their contract. 2. That the City Attorney be requested to pursue whatever legal procedures are required to obtain all past due commissions owed the City by Boca/Del Snax Co. 3. That the City contract for these vending services via the current City of Boca Raton contract with All Brands Vending Company at a commission rate of 11%. Attachments: Memorandum from Purchasing Specialist I Memorandum from City Attorney Letter from All Brands Vending Company I . MEMORANDUM To: Ted Glas- Purchasing Director I~ From: Gigi Priez- Purchasing Specialist Subject: Vending Machine 8id #83-38/Problems & Solutions Date: May 31, 1988 On October 21st, 1983, the City of Del ray Beach sent Invitations To Bid to eight (8) Vending Machine Service vendors. Six (6) of those vendors responded to the November 8, 1983 Bid opening. Award of contract went to Boca/Del Snax Co. in Boca Raton, Fla. The entire bid package is attached for your review. Within the past 6 months of this year, Purchasing has received numerous calls from various departments complaining about the service they have been, or rather have not been receiving, from the City's present snack machine vendor Boca/Del Snax. I have tried on several occasions to contact the owner of this company, Mr. Ralph Gordy, via telephone number listed in the Buyer's rolladex. Unfortunately this number goes directly to an answering service, who in turn forwards the messages to the Boca/Del Snax Co.. After un- successful attempts to reach the vendor at the rolladex phone number, I pulled the bid package from warehouse storage in hopes of finding some other number where the vendor could be contacted. No other number was found, but while reviewing the Boca/Del Snax bid documents, became suspicious of the service promised and awarded to Boca/Del Snax, via Bid #83-38, and the actual service being provided to the City of Del ray Beach. Per page 5 of 8, Specifications of bid #83-38, item "g", since the time of installation back in December of 1983, the City of Del ray Beach should have been receiving a 15~ commission of all revenues from the products sold in these vending machines. Per the Finance Department, there are no records/receipts of any kind confirming payment of these commissions to the City since the start of vending service. I . Vending Machine Problems/Solutions-cont. Page 2 I forwarded the Boca/Del Snax bid package to the City Attorney's Office with a brief letter of concern regarding the lack of commission paid to the City as well as the lack of proposed/awarded service with the vending machines. A copy of the City Attorney's reply is attached for your review. Since the start of the problems with our present vendor, Boca/Del Snax, Purchasing was forwarded a request for the possibility of a juice machine, better snack variety, and a sandwich machine to be placed in various departments. A use/need survey for this type service was sent to all departments requesting a yes/no reply as well as number of employees interested. There were a total of over 300 employees from departments surveyed, interested in the jUice/snack/ sandwich vending machine possibility. The survey request forms and tally sheet are attached for your review. The vending service mentioned above would be provided to the City of Delray by a company called All-8rands, in West Palm Beach. This company provides all vending services for the City of Boca Raton, Fla. via their bid opened July 14, 1987. Per Thomas Anderson, Purchasing Agent for the City of 80ca Raton, this bid is an open-end bid with All-Brands Co. with termination at the City of Boca's request. Mr. Anderson stated that Boca City employees have been very happy with the service provided by All-Brands Co., and that it would be no problem with his people if the City of Delray Beach were to "piggy-back" the terms and conditions of this bid. The vending machines offered by All-Brands Co. are carousel type that provide plenty of space for the snacks, juice, sandwiches, and whatever else needed with out sacrificing vital room space. Per Don Tunstall, Manager of All-Brands Co., he would be glad to provide the City of Delray with the same service covered under the Boca Raton bid and stated that should be no problem with the change-over from our current vendor. A copy of correspondence from Mr. Don Tunstall, Manager of All-Brands Co. is attached for your review. pc: Hebert W. Thiele- City Attorney l ~EHORANDUM To: From: Ted Glas- Purchasing Director Robert A. Barcinski- Asst. City Manager/Management Services '!(fr Date: June 22, 1988 Subject: Vending Machine Contract (Food, Snacks) A snack food vending machine contract was awarded to the firm Boca/Del Snax in 1983. The contract is still in effect with no termination date stated on the contract. The service from this firm has deteriorated over the past months to the point where no food is now being placed in the vending machines at various City buildings. This firm will not respond to repeated telephone calls about the poor service. Per the Tom's Foods Company, which are the products that Our contractor supplies, they are receiving numerous complaints of poor service, or no service, by Boca/Del Snax. In addition, it has come to light that Boca/Del Snax has not made commission payments to the City of 15% of retail price as stated in their bid, since the first year of their contract. This could have amounted to many thousands of dollars in lost revenue since 1983. It is recommended that the contract with Boca/Del Snax be terminated for non-performance, per the specifications of Bid #83-38, Paragraph #9, as the service does not conform to the specifications. Deliveries of food are to be made two (2) to three (3) times per week. In addition, it is recommended that the City Attorn~y be authorized to pursue whatever course he feels is prudent to secure unpaid commissions from Boca/Del Snax. l . Vendin~ Machine Contract- ~ont. Page 2 It is also recommended that. per our Purchasing Ordinance, a new contract be awarded to the firm All Brands Co. via the current City of Boca Raton contract awarded in September of 1987. The City of Boca Raton employees have been very happy with the service provided by All Brands Vending Company. Our City would receive an 11% commission for all sales, and be paid on a monthly basis. Purchasing and Finance would establish a procedure to assure that commissions are being paid. Attachments: ~emorandum from City Attorney Draft of Claim Letter Copy of Boca Raton Vending Agreement pc: David Huddleston l . VENDING SERVICE SALES AGREEMENT THIS AGREEMENT made this z.'irl4 day of SE'rEAaE~ , 1987, by and between the CITY OF BOCA RATON, a Florida municipal corpora- tion, of 201 W. Palmetto Park Road, Boca Raton, Florida 33432, hereinafter referred to as the "City", and ALL BRANDS VENDING COMPANY, INC., a Florida corporation, of 914 Fern Street, West Palm Beach, Florida 33401, hereinafter referred to as the "Vendor". I. Vending Service: a. The Vendor agrees to install the following vending equipment: City Hall - Employees Lounge I canned drink machine 1 sealed bag vendor I cold food machine I hot beverage machine I dollar bill changer 1 microwave oven Public Works Complex 1 canned drink machine 1 sealed bag vendor I canned juice machine 1 cigarette machine Police Station 3 canned drink machines 3 sealed bag vendors 1 cold food machine 1 canned juice machine 1 dollar bill changer I hot soup machine b. The Vendor agrees to provide the following products to the City, subject to the conditions contained in this Contract, according to the fOllowing schedule: Product Selling Price Commission to City ( 1) Candy and crackers, 50(: 11\ (2 ) Pastries SSe 11\ (3 ) Cold Food 45e - $1.50 ll\ (4) Chips and bagged snacks 45(: 11\ (5 ) Juices (12 oz.) 65(: 11\ , (6) Canned beverages 50(: 11\ (7) Gum and mints 40(: 11\ c. Vendor will provide dollar bill changer at no charge to the City. Vendor shall supply the dollar bill changer with change as required. d. Each commission percentage rate quoted above shall be reduced by an applicable sales tax percentage rate, and the re- sultant net commission percentage rate thus determined shall then be applied to the gross sales volume of the item vended to deter- mine the commission dollar payment due. An increase or decrease in any applicable sales tax percentage rate will thus automatically and directly affect the net commission's percentage rate and the dollar commission payment. e. All food prices during the period df this Contract shall be subject to adjustment quarterly based on price increases by Vendor's suppliers. Vendor shall notify City of increase and Vendor and City shall determine adjustment in prices. 2. Exclusivity: The City shall not, while the Vendor's service is installed at City facilities, permit any other person, firm or corporation to install vending machines selling the same type of merchandise sold through the Vendor's equipment, except that the Fraternal Order of Police may maintain and supply a car- bonated beverage machine on the premises of the Police Station. 3. Cancellation: The Vendor and the City reserve the right to cancel this Contract, without cause, upon 3D-days written notice; provided that this Contract may be cancelled for cause immediately. Nonperformance, unsatisfactory performance, and lack of budget shall be considered grounds for immediate cancellation. 4. Term of Contract: This Contract shall be for an indefini te term, subject to cancellation as set forth in para- graph 3 above. 5. Licenses: The Vendur will obtain, at his expense, all required federal, state and local licenses necessary for ren- dering service at City facilities. -2- 6. Product Refunds: Any food products provided by the Vendor and any short changes which result in consumer complaint shall be resolved by immediate refund by. the Vendor in a manner that is mutually agreed upon between the Vendor and the City. 7. Vendinq Machine Installation, Maintenance, Supply, Repair and Removal: a. As the vending machines are the sole and exclusive property of the Vendor, the Vendor shall be solely responsible for all vending machine installation, maintenance, repair and removal. b. The Vendor shall, at no cost to the City, install, maintain, repair and remove all vending machines covered by this Contract. c. Vending machines shall be supplied with fresh mer- chandise, suitable and acceptable to the City, by fUlly insured and bonded service personnel. d. The Vendor shall operate vending machines in accord- ance with all applicable laws, ordinances, regulations and rules of federal, state and local authorities, and the standards of cleanli- ness, safety and health as established by the City. e. The Vendor shall provide repair service from 6: 00 a.m. to 10:00 p.m. on all days. Satisfactory repairs must be com- pleted no later than one day after service is requested by tele- phone. 8. Disposal of Surplus and Waste: Any . surplus, waste, spoiled beverages and spoiled food products must be removed by the Vendor from the location at which the vending machine is located, with credit issued for any products paid for by the City. 9. Utilities, Service and Location: a. The City shall provide electric current and electri- cal outlets for all vending machines installed by the Vendor pur- suant to its proposal. -3- b. The City shall provide such space, at City Hall Employees Lounge, Public Works Complex, and the Police Station, as is reasonably suitable for the installation of the Vendor's equipment. c. The City shall maintain the area in a clean condi- tion, and shall provide extermination and j ani torial services to the area. IO. Insurance: The Vendor shall maintain insurance coverage, including product liability, public liability and pro- perty damage, in accordance with the attached Certificate of Insur- ance during the term of this agreement. II. Reporting Requirement: For each month that this agreement is in effect, the Vendor shall provide to the Finance birector of the City a breakdown of total income on a machine-by- machine basis. The City's commission shall also be paid on a monthly basis. 12. Personnel: Vendor shall provide the Police Department with names, addresses, social security numbers and driver's license numbers of all personnel assigned to work under this contract. Vendor's personnel will be subject to personal background checks before reporting for work. 13. Hold Harmless and Indemnification: Vendor agrees to indemnify and hold harmless the City of Boca, its officers, employ- ees and agents from and against all loss, costs, expenses, includ- ing attorneys I fees, claims, suits and judgments, whatsoever in connection with injury to or death of any person or persons or loss of or damage to property resulting from any and all operations performed by Contractor, its officers, employee, and agents under any of the terms of this contract. 14. Amendment. This agreement constitutes the entire agreement between the parties, and may not be amended unless such -4- amendment is in writing and signed by both parties to this agree- ment. IN WITNESS whereof, ihe parties hereto have caused this Agreement to be duly executed on the day and year first above writ- ten. By FLORIDA rd, Ci By D dd, Jr., Manager Florida Operations ALL BRANDS AA6115 -5- SNACK VENDING MACHINES Estimated Usage With a conservative estimate of one-half of the items in a machine sold each week: A. No commission payments made since May, 1984 B. Number of machines in City buildings........ ...........6 C. Number of spaces in each machine for snacks.... ......248 D. Number of items sold per machine, per week..... ......124 E. Number of items sold per week in (6) machines........744 F. Gross revenue per week: 744 x $ .40 vend= $297.60 G. Commission to City per week: $297.60 x .15 commission= $44.64 H. Commission to City per year: $44.64 x 52 weeks= $2,321.28 I. Commission that should have been paid City since last payment: $2,321.28 x 4 years= $9,285.12 l ..( , :....:r [Iry DF DElAAY BEA[H . ,-() 'J ':'/ ' . -.::.. '/E\iUE D~i..:':::A', SC:"'_ - __.' :",\ :";-"_1.1 'I' ',r:l) MEMORANDUM '\11 V '1\' i.J ji TO: Walter O. Barry, City Manager Robert A. Barcinski, Assistant City Manager p~ Management Services '~ FROM: SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JULY 12, 1988 - BID REJECTION - AlA BEACH WALL RESTORATION DATE: June 30, 1988 Item Before Commission: City Commission is requested to reject bids for the restoration of the AlA Beach Wall and direct staff to redraft bid specifications and rebid the project. Back9round: Invitations to bid were mailed to thirty five (35) contractors and advertised in local newspapers. Five (5) contractors submitted bids. However, during the evaluation process with the low bidder, Ralph Osborne, Inc., it was determined that the specifications for coating thickness were not appropriate. If we proceed under current specifications, we would receive an infer ior product. A memorandum from the Purchasing Director and Parks and Recreation Director is attached. Recommendation: Staff recommends rejection of bid and direction to revise the specifications and rebid the project. RAB:sk attachment THE EcFrJRT ALWAYS MATTERS Lfl8 1 MEMORANDUM To: Robert A. BarClnskl- Asst. City Manager/Management Services ;t(~ From: Ted Glas- Purchaslng Director Date: June 21, 1988 Subject: A1A Beach Wall Restoration; Bid #88-62 Invitations to Bid were mal led to thirty-five (35) area contractors on April 7, 1988. A legal advertisement was placed in the Delray News on April 14, 1988. Five (5) contractors submitted bids at the April 28, 1988 bid opening. A Tabulation of Bids is attached for your review. During the evaluation process it was determined that City specifications for coating thickness were not appropriate and need to be revised to assure a good, finished product. Following staff analysis and review. it is recommended that all bids be rejected, that specifications be revised, and that the project be rebid as expeditiously as possible. Attachments: Tabulation of Bids Memorandum from Parks & Recreation Letter from Ralph Osborn, Inc. . DEP ARllv1ENT AL CORRESPONDENCE Ted'Glas Purchasing Director 'OM Joe Weldon Director of Parks and Recreation [ITY DF DELRAY BEACH ~Ci o JBJECT Specifications beach wall (Bid #88-62) 6/17/88 DATE As you know, the apparent low bidder for the beach wall restoration was Ralph Osborne, Inc., at $22,600. The contractor, in reviewing the specifications with the manufacturer of New-Cem, identified discrepancies within the specifications. Although these specs were developed with the help of a contractor who has used the New-Cern product extensively, the manufactuer, Blue Circle Atlantic, Inc., indicated he had some reservations about how the product was to be applied. By this memo, I'm requesting that bid #88-62 be withdrawn and that Engineering Department review the attached material and make the appropriate changes in the specifications for rebidding. Please advise. Jo Di Parks and Recreation JW:cc Attachment cc: Gates Castle, Engineering ~ ~ l '> RALP" O&BUHN """4&; \ 2151 N.W. 2 AVE SUITE 107 BOCA RATON. FL. 33431 PHONE: 392-5905 REcr-lv'-eJ. "".. , l . C. t:. 1'1; ~ I ' : , :,\. 5/25/88 City of Delray Bch. 50 NW 1 Ave Delray Bch. Fl. Dear Joe, In reviewing the specs on the beach wall with the manufac- tor of New -Cem a few discrepancies arose which are as follow: ITEM 5 and 6 - New - Cern is not a fibered reinforced cement. ITEM 8 - New - Cem needs a total of at least 5/8" not 1/8" to be effectiv&. New - Cem does not come in colors, it is a light gray color. If the same product is going to be used, we can adjust our bid price to include the changes in labor and materials and still remain low Bid. I've enclosed spec cut sheets on the New-Cem product. If you need any additional information feel free to give me a call. Thank You, ~~ Lou Ferlanti 6-Cl~ ~~ 0l v ~ G ~ IJ-It....-l~ f cl /;,,1)( C;;(~)~ y PI L~"/JJ~ 353~r 5~3 - /YV,r . I n 1:l i .... sr~~ '" '" I 2l~ .... .... ~ l:l l:l I ~ ... = ~'Oj ~~ ~ ~ '" n n .... !:l i ~~ ~~;~ to! ~ '" '" ~ ~ ~ ~~ ~~~~ >oi e'i ~ .... :;;$0=.... o. ~ 2l l:l~ ....l:l!!l'" '" ~ ~~ 8~~~ '" ....'" 0 o lCto! 'oj ~~~~ ~ ~1? .... 9i? nn~ "" ~~3 ~'Oj I ~ ... '" "'.. 0 "" 0 . nO" ..... I co - ~~ .... l:l Ii' co '" '" ~ "" '1 '< . . n lC .. .. 0 .. >oi ..... 0 ........ .. 210 0" n2l . ... ... ~ ....n= I '" "" 2l 0 . ~ ? 0 '" n2ll'l .r &= . ",. l:l '" ~e ~ ... .. .... .. . ... "" !i~ . nnl:l ! ~i;l "'0 = . ;;l .... l:l Q n >oi .... 0 2l ! ~ . = .... .... l:l 1'l . = .... l:l 2l o . ... co co I a- N > ... > '" ~ ~ '"' 1:l '" ~ >oi .... o 2l l [ITY DF DELRAY BEA[H MEMORANDUM TO: Walter O. Barry, City Manager Robert A. Barcinski, Assistant City Manager/ ~.I j3/5~ Management Services FROM: SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JULY 12, 1988 - BID AWARD - RESODDING MILLER PARK DATE: July 6, 1988 Item Before Commission: City Commission is requested to award a bid to Louis Sod and Landscaping Company, in the amount of $26,560 funding is ayailable in the Miller Park operating budget. Background: Invitations to bid were mailed to seventeen (17) area contractors on May 9, 1988. One bid was received on May 31, 1988. The scope of work includes the removal of approxi- mately 58,500 sq. ft. of sod from the southern section of the multipurpose field at Miller Park, dump old sod on site, grade and reinstall new sod. The field has settled over time because it was built on a land fill. This work is needed in order to level the field and make it safe for activities. Three options were bid. The difference in options is a result of disposition of old sod. Option II is most cost-effective and recommended because: 1. The existing sod while generally in good condition, has some weak areas, and removing, stacking and then re-installing will cause additional stress, damage, and deterioration. This will require the purchase and installation of additional sod anyway, and the result- ing mixture of old and new sod would result in a poor surface. 2. The existing sod will shrink and will not be able to be properly cared for while stacked on pallets. T, __ I -;- E ~=-P,: AUIA'!s MATT":,,,: 41C. . Documentc 'on - City Commission Meet; ResoddinS .iller Park July 6, 1988 Page 2 3. Some of the existing sod will be utilized in providing grass infields at two, #4 and #6, of the diamonds that currently do not have grass infields. The Parks and Recreation Director did not feel the option of re-using the old sod was cost effective (Option I). Option III was too costly due to the transportation costs to take old sod to Pompey Park. Recommf>ndation, Staff recommends award of bid to Louis Sod and Landscaping Company in the amount of $26,560 to resod approximately, 58,500 square feet of the multipurpose field. Funds to come from Miller Park Operating budget. RAB:sk attachment I ~lE~10RANDUM To: Robert A. Barcinski- Asst. City Manager/Management Services From: Ted Glas- Purchasing Director Date: June 23, 1988 Subject: Bid on Field Renovations at Miller Park-Bid '88-76 Invitations to Bid w~re mailed to seventeen (171 area sod contractors on May 9, 1988. A legal advertisement was placed in the Delray News on May 16, 1988. Only one III contractor submitted a bid at the May 31, 1988 bid opening. A Tabulation of Bids is attached for your review. The references of the single bidder were checked and found t.o be good. Following staff analysis and review, it is recommended that the award be made to the single bidder, Louis Sod & Landscaping of Boynton Beach, for Option II, in the total amount of $26,560.00 Per the Budget Director, funding for this project is available in account ;001-4122-572-60.69 IParks & Recreation-Miller Park-Improvements Otherl. 0--1 /~ Ted Glas Purchasing Director Attachments: Tabulation of Bids Memo from Park Director Reference Checks pc: Yvonne Kincaide Joe Weldon DEP ARTtvu::NT AL CORRESPONDENCE Ted Glas Purchasing Director CITY DF DELRAY BEA[H ~~~ Joe Weldon Director of Parks and Recreation T Miller Park Field Renovation 6/21/88 DATE Please award bid #88-76 for the field renovation at Miller Park to the only bidder, Louis Sod, in the amount of $26,560 (Option II). This project is to level and resod the southern section of the multipurpose field that has settled over time due to being built on a landfill. This project is being phased over the next 2-3 years to allow baseball, softball, and soccer teams continous use of the facility. Louis Sod has between August 8 and October 1, 1988, to complete the project. The funds for the project were budgeted in capital improvements and recently transferred to Miller Park account #001-4122-572-60.69. Parks and Recreation JW:cc cc: Yvonne Kincaide Budget Administrator I . M'emo From KENDRA WYNN GRAHAM (407) 243.7163 kt: C EJ\JED JUN G iSUB, To: Joe Weldon, Director Parks and Recreation Date: 6-06-88 Attached is a copy of the spreadsheet for "Field Renovations at Miller Park". As you know only one vendor, Louis Sod, responded to the request for bids. I have called the two references listed and the following are the comments received: 1. Boca of Delray, 5483 Boca del Ray Blvd., Delray Beach, Florida ATTN: Bob Hanson Mr. Hanson said that Louis Sod came in and installE~ $16,000.00 worth of sod. He came in with a sod cutter, his son and a crew. The work was satisfactrry He finished job on time and was very good to take care of any problems that occurred. He felt that Louis Sod was a little too expensive, but he later had another vendor Come in to do the same type worl at a cheaper price and now wishes that he had agai, used Louis Sod. He would give Louis Sod a good recommendation. 2. Hita Construction, 6401 E. Rogers Circle, Ste. #9, Boca Raton, Florida ATTN: Nancy Stoetzel Ms. Stoetzel said that Louis Sod installed approx. 50,000 sq. ft. of sod for them at a Plaza in Ft. Lauderdale. He did a very good job. Please review the attached and advise Purchasing of award recommendation. . ..., o ~ C"l '" ..., I . ~ ~ ..., <> S 21 p i! :;; ::: ; to .... 'I " CO" ... II II 'I Cl <: PI" '" Cl .... .... ,., Cl " ,., II .... .... ... 'I .... n to ..... :? " .., 0 ,., '" . 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[i en ~ ~ f: ~ i " Ii Ii J ... ~ t"l ... \.II I "" - I '" '" "" .. o o ... , B AGENDA REQUEST Date: 6/21/88 Reqi..i.b;..d~. for; c-, .~ w(') ~-~: s ho~ Date r---] !--i Regular Date .-1LJ Consent Date July 12 ~ LJ Special Date Description of item: Renovation (leveling and resodding) of multipurpose field ~r MillQr Pork (Attach detail description if necessary) Recommendation: Award bid. Approximate Cost not to Exceed $26,560.00 Funds Available in: 001-4122-572-60.69 Signature of requesting Department Head:~~ Finance Director: Preparation of Ordinance c=J Resolution ;~ City Clerk: City Attorney: I . [ITV DF DElRAY BEA[H \ . ': -; :_~ E '.);::,-::1"'-'(' 3-::;"=;.-1 =__>':,c;",:, 334.q J)~:::'4:J 7JCrO MEMORANDUM TO: Walter O. Barry, City Manager '1l\VJ~ if't FROM: Robert A. Barcinski, Assistant City Manager/~ Management Services SUBJECT: DOCUMENTATION CITY COMMISSION MEETING JULY 12, L988 - BID AWARD - STREET RESURFACING AND BIKE PATH DATE: June 30, 1988 Item Before Commission: City Commission is requested to award a bid for street and bike path resurfacing, to Hardrives, Inc., the low bidder in the amount of $300,510 with funding to come from the Resurfacing and Streets and Sidewalks Capital Outlay accounts. Back9round: Invitations to bid were sent to nine (9) contractors and was advertised in area newspapers. Two contractors submi tted bids. The project includes resurfacing approximately 22,950 linear feet of streets and 4,600 linear feet of bike path. The Eng ineer ing estimates for this project was $352,670. A total of $310,000 was budgeted for this project. A copy of the bid summary sheet and a listing of streets to be resurfaced is attached. Recommendation: Staff recommends award of bid to low bidder, Hardrives, Inc., in the amount of $300,510 with funding to come from Resurfacing and Street and Sidewalk Capital Outlay accounts. RAB:sk r . I"",::: E'f'JRT ALWAYS MATTERS 4-1 D l . ~IEMORANDUM To: Robert A. Barcinski- Asst. City Manager/Management Services From: Ted Glas- Purchasing Director Date: June 28, 1988 Subject: Bids on 1988 Street Resurfacing Project; ;88-83 Invitations to Bid were mailed to nine (9) area contractors on May 25, 1988. A legal advertisement was placed in the Palm Beach Post on June 1, 1988. Two (2) contractors submitted bids for the June 24, 1988 bid opening. A Tabulation of Bids is attached for your review. The low bid is 14% under the Engineer's estimate. Following staff anal~'sis and review, it is recommended that the contract be awarded to the low bidder, Hardrives, Inc., at a total cost of $300,510. Per the Budget Director, funding for this project is avail- able in 001-2911-519-60.53 (Resurfacing-Capital Outlay), and in 001-2911-519-60.63 (Streets & Sidewalks-Capital Outlay). 1I.uI ~ Ted Glas Purchasing Director Attachments: Tabulation of Bids Memorandum from Engineering Locations of Resurfacing Program pc: Yvonne Kincaide Gates Castle '" v. ~ v. 00 v. '" , v. ~ v. <>. ~ ~ - I~ N ~ N i - g Q Q il~:~!:i~i::~~~~ ~...tlD~t-=tlD="et"" !!: ~ f I ~ ~ I ~ I ~ i ~ i~~~~~~~;~ I~~~i~i~~~ ~ I I 8 !! '" ...... ;. ~ ~ "e , "ll ~ CIl '" ..., ..... U1 . . U1 0 o 0 CIl W U1 '" '" ..., . ~ g:..., ~ p ;=> Y' F- 000 ~ p 0 0 r- f-I: ~ ~ ~ '" Q 8 ;;; 8f-... J>o \D V. ... 8 8 8 ~ f-~ o 0 ~:"'o 8"'0 ~ Q...... 8l:: S ~ ~ 8 N N o 8 I; o . 8 f4o> ... N o . o o l; :5 :: ... o . 8 .. f: v. . 8 I<'> ... o . o o 00 o . o o .... '" '" . 8 .... ... ... o . o o \D o . 8 ..... U1 o . o o ..... U1 o . o o .... ... e: . o o .... f4o> ... CIl '" . 8 :: CIl '" . 8 I; VI . Q o .. .... ... 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'" U1 o o "" ~ "; P' :> g o o :: ~ . 8 .. ~ ~ 8 :: 8 . Q Q ... ... '" 8 . 8 U1 U1 . o o ..... ..... ~ N . Q Q f- ... Q ... Q Q . 8 :: '" , Q Q ... ~ o Q Q . Q Q ... ... C!l ,. '" ;; Ea ~ CIl w ..., . o o '" U1 1.0 . o o o . o o ... w ... , ...., '" .... N J>o .... N '" o . 8 .... .... ... . VI o ~ ... ... v. Q Q . o o C:l ,. CIl ~ ~ '"' '"' ~ ~ ~ G'l :<:l (Jl t'l ~I ~ o ~ ~~ ~ ~ ~ !l' _.~ ~ ~~ r ~ '" g~ Ii! H >-l>i ~ = e: s: ~ ~f--' Ii. n 8 ; ~~ r ~ = '"' t:l ~ . .. co '" I co .... - '" co co a ~ ~ ~ n '"' i'S '" e t'l Q ! ~ I ... '" co co .... " o o ... . :I: DEPART ...tENT AL CORRESPONDENCE [ITV DF DELAAY BEA[H ~(j o Ted Glas. Purchasina Director 'll~t... ROM Gates D. Castle. P.E., Assistant City Engineer UBJECT 1988 Street Resurfacing Project DATE 6/27/88 Engineering has reviewed the bids submitted for the subject project and hereby recommends award of the contract to Hardrives, Inc. The Engineering estimate has been added to the attached bid tabulation. Also attached is a Requisition for this item. GDC:slg Attached 362 THE EFFORT ALWAYS MATTI=RS PROPOSED 1988 RESURFACING PROGRAM LOCATIONS Ilene Ct. - Congress Ave. to west end NW 11th St. - Lake Dr. to NW 4th Ave. SW 6th Ave. - Atlantic Ave. to SW 4th St. Ibis Dr. - Albatross Rd. to Curlew Rd. Heron Dr. - Albatross Rd. to Curlew Rd. Brant Dr. - Bridge to Lindell Blvd. Palm Ct. - NE 2nd Ave. to NE 8th St. SE 1st Ave. - SE 4th St. to south end Miramar Dr. - Venetian Dr. to A-I-A NE 5th St. - NE 5th Ave. to east end NW 18th St. - Lake Dr. to Swinton Ave. NW 4th Ave. - NW 12th St. to NW 15th St. NW 4th Ave. - NW 16th St, to NW 18th St. Pelican Lane - Andrews Ave. to A-l-A Seacrest Lane - Seacrest Blvd. to east end Vista Del Mar - Andrews Ave. to A-l-A Gardenia Terrace - NW 6th Ave to NW 8th Ave. Lake Dr. - NW 17th St. to NW 18th St. NE 22nd St. - NE 2nd Ave. to NE 3rd Ave. NW 16th St. - Swinton Ave. to NW 4th Ave. Enfield Rd. - NW 4th Ave. to Aylesbury Rd. Laing St. - Andrews Ave. to A-I-A Length 350' .1000 ' 2600' 1700' 2200' 1000' 350' Type & Thickness of Asphalt Overlay 2 3 4 2 2 2 4 700' 1000' 1700' 1700' 850' 700 ' 650' 800' 700' 650' 400' 1350' 1300' 550' 700' T.,..L. Z7,"SC I A-I-A - Linton Blvd. to Bucida Rd. 4600' Bikepath along 2 4 4 4 4 4 4 6 4 4 4 4 4 6 2 1 Explanation of Type & Thickness of Asphalt Overlay 1. One (I") inch Overlay (No leveling) 2. One and a half (l~") inch Overlay - (Including leveling) 3. Two (2") inch Overlay 4. Two (2") inch Overlay with Fabric 6. Three (3") inch Overlay with Fabric K-l l . [ITY DF DElRAY BEA[H . ,. '_,.." . ,_ ,= ','_'F ....:;.1. '{ ""::,"'_'""' ;.. L'.I,..,) '.=-;, _ MEMORANDUM TO: Walter O. Barry, City Manager FROM: Robert A. Barcinski, Assistant City Manager/~ Management Services DATE: July 8, 1988 SUBJECT: DOCUMENTATION CITY COMMISSION MEETING _ JULY 12, 1988 - CONTRACT AWARD _ PAY PLAN/CLASSIFICATION STUDY Item Before Commission: City Commission is requested to direct the City Manager to negotiate a contract with Waters, Trego and Davis, Inc., to conduct a Pay Plan/Classification Study in the amount of $20,996. Funding to corne from Personnel Operating Budget and from Capital Outlay Facilities Study. Backaround: Requests for proposals to conduct a pay plan classification study were advertised in area newspapers and sent to approx- imately twelve firms. Proposals were received from six (6) firms. The services to be provided are to review the existing pay plan, utilizing a point system evaluation of positions and make recommendations for modifications and placement in the existing plan. Other services requested are to review the existing jOb descriptions and titles and make recommenda- tions for changes. The study encompasses 234 General Employees in 167 posi- tions, 132 Collective Bargaining Rmployees (LB.F.O.) in 44 posi tions, all Assistant City Managers, Department Heads, Assistant Department Heads and Division Heads. Interviews are required of all supervisory personnel and a representa- tive sampling of other employees. A proposal review team consisted of the following: Robert Barcinski, Marty Buben, and Ted Glas. The review team met individually and collectively and rated the firms on the following criteria: cost, prior experience, ability to ~ ECe.)RT Auo;,;ys MATTERS tf)~ l . Documentation - City Commission Meeting - July 12, 1988 Contract Award - Pay Plan/Classification Study July 8, 1988 Page 2 provide the services requested and other services available. The team also considered the eyaluation system to be utilized, the proposal content, and the approach to be used in the study. The point assignment for each firm is as follows: P.A.S. 66 Waters, Trego, Davis, Inc. 65.3 Long & Associates, Inc. 59.6 Cody & Associates, Inc. 55 Ralph Anderson 52.6 Yarger & Associates 48.3 Recommpndation: In view of cost considerations, staff recomme~ds authoriza- tion to negotiate a contract with Waters, Trego and Davis, Inc., (the second rated firm) in the amount of $20,996. RAB:sk attachment . Cl C"l C"l 0 0 ~ '" '" ..., ..., ~ ''OJ '"' lil 0 :>:l '" 1:; ..., ~ '" ~ ... "" ... 21 >< '" "" '" 21 I C'l ..., ..., ~ >< ... ~ 2 ...... c:: e M '" ~S ..., CIl CIl"Oj"Oj ?l~ ""00 ''OJ:>:l:>:l ~:>:l .... 8 ... ...,... :>:l M 0 CIl "" ... ~ 0 '" .... [!: 21 '" '"' ~ >< ~ .. .... '-' ~ ~ M ... =: '" . ~ - '" .M '" :>:l ex> '" gj ... - - " 0 ... 0 c:: > '" t'" , "" 3: '"'