09-13-88 Regular
r'
.
CITY OF DELRAYBEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
September 13, 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. A. Proclamations-
1. Mental Illness Awareness Week - October 2-8, 1988
2. Humanitarian Day - Sunday before Thanksgiving
3. National Bible Week - November 20-27, 1988
B. Presentation - 1989 World Rowing Marathon
PUBLIC HEARING-ENCLAVE ORDINANCES
5. ORDINANCE NO. 70-88: An Ordinance for the annexation of Enclave
43, located in the Tropic Isle Subdivision off McCleary Street owned
by the Florida Inland Navigation District (FIND).
6. ORDINANCE NO. 72-88: An Ordinance for the annexation of Enclave
45, located on the east side of South Federal Highway, a portion of
the Delray Beach Toyota Automobile Dealership.
PROCEDURAL ITEMS
7. Comments and Inquiries on Non-Agenda Items:
A. Public
B. Commission
C. City Attorney
D. City Manager
8. Agenda approval.
Action: Motion to approve.
9. Approval of minutes of Special Meetings of August 16, 1988 and
August 18, 1988.
ENCLAVE ORDINANCES- FIRST READING- (NO PUBLIC HEARING)
10. ORDINANCE NO. 111-88: An Ordinance for the annexation of Enclave
No. 1 located immediately west of Seacrest Boulevard between Gulf
stream Boulevard on the north and N. E. 22nd Street on the south. If
passed Public Hearing October 11th.
11. ORDINANCE NO. 112-88: An Ordinance for the annexation of Enclave
No. 3 located immediately south of Gulf Stream Boulevard between
Seacrest Boulevard and the Florida East Coast Railroad. If passed
Public Hearing October 11th.
12. ORDINANCE NO. 113-88: An Ordinance for the annexation of Enclave
No. 22 located immediately south of Lake Ida Road between Roosevelt
Avenue and N. W. lOth Avenue. If passed Public Hearing October 11th.
13. ORDINANCE NO. 114-88: An Ordinance for the annexation of
Enclave No. 23 located immediately south of Lake Ida Road between
N. W. lOth Avenue and N. W. 8th Avenue, adjacent to S. D. Spady
School. If passed Public Hearing October 11th.
14. ORDINANCE NO. 115-88: An Ordinance for the annexation of Enclave
No. 34 located immediately west of Dixie Highway, and north of Linton
Boulevard, on both sides of S.W. 4th Avenue. Proposed zoning is R-1A,
LI, and GC. If passed Public Hearing October 11th.
15. ORDINANCE NO. 116-88: An Ordinance
No. 65 located immediately north of
Dover Road and Homewood Boulevard. If
11th.
for the annexation of Enclave
West Atlantic Avenue between
passed Public Hearing October
16. ORDINANCE NO. 117-88: An Ordinance for the annexation of Enclave
No. 68 located to the east and west of Rabbit Hollowe Drive,
extending north and south of Germantown Road, west of Congress. If
passed Public Hearing October 11th.
FIRST READINGS
17. ORDINANCE NO. 109-88:
"Historic Preservation" of the
Hearing September 27th.
18. ORDINANCE NO. 110-88: An Ordinance amending
"Administration" of the Code of Ordinances relative to
permits. If passed Second Reading September 27th.
An Ordinance amending Chapter 174,
Code of Ordinances. If passed Public
Title 3
landlord
19. ORDINANCE NO. 118-88: An Ordinance amending Chapter 51 "Garbage
and Trash" of the Code of Ordinances relative to increasing fees. If
passed Public Hearing September 27th.
REGULAR AGENDA
20. ANNEXATION OF ENCLAVE NO. 52 - (ORDINANCE NO. 94-88): Consider
postponing indefinitely and return to Planning & Zoning Board.
21. REPLACEMENT OF
authorizing repair of
amount of $14,850
337-5163-636-60.73.
SETTLED MANHOLE HAMLET DRIVE: Consider
manhole by Solo Construction Corporation in the
with funding to come from Account
22. ATLANTIC AVENUE BEAUTIFICATION PROJECT: Consider authorizing
signs and logo for Atlantic Avenue.
23. OFFICIAL COMMUNITY APPEARANCE BOARD COLOR PALETTE: Consider
acceptance of approved color palette for administrative use in the
CBD.
24. VOTING DELEGATE
of voting delegate
League of Cities
Massachusetts.
- ANNUAL CONGRESS OF CITIES: Consider selection
and alternate voting delegate to the National
Convention, December 3-7, 1988 in Boston,
-2-
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
September 13, 1988
7 P.M.
AGENDA
Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
ADDENDUM
4. C. Discussion, City Manager's Performance Evaluation.
MEMORANDUM
TO:
::::R':::G:~~~
AGENDA REPORT - MEETING OF SEPn(MBER 13, 1988
FROM:
SUBJECT:
DATE: September 9, 1988
Item No. 4 Proclamations and Presentations
A. Proclamations-
1. Mental Illness Awareness Week - October 2-8, 1988
2. Humanitarian Day - Sunday before Thanksgiving
3. National Bible Week - November 20-27, 1988
B. Presentation - 1989 World Rowing Marathon Request
PUBLIC HEARING-ENCLAVE ORDINANCES
Item No. 5 (Ordinance No. 70-88) This is a Second Reading of an
enacting Ordinance for the annexation of Enclave No. 43 which is an
undeveloped 4.02 acre parcel owned by the Florida Inland Navigation
District (FIND). Proposed zoning for the property which is located in
the Tropic Isle subdivision off McCleary Street is CF. The level of
service is "A" meaning that all existing services are immediately
available.
Recommend approval of Ordinance No. 70-88 annexing Enclave No. 43 with
a proposed zoning of CF pending a recommendation from the Planning and
Zoning Board.
Item No. 6 (Ordinance No. 72-88) This is a Second Reading of an
enacting Ordinance for the Annexation of Enclave No. 45 which consists
of a 1.01 acre parcel located on the east side of south Federal
Highway. This parcel is presently a portion of the Delray Beach
Toyota Automobile dealership. Proposed zoning is SC. The level of
service is "A" meaning that all existing services are immediately
available. Previously the Commission agreed to consider SC zoning for
this parcel pending the filing of a unity of title. This filing has
been verified by the City Attorney's Office and the annexation can
proceed.
Recommend approval of Ordinance No. 72-88 annexing Enclave No. 45 with
a proposed zoning of SC.
ENCLAVE ORDINANCES- FIRST READING
Item No. 10 (Ordinance No. 111-88) This is a First Reading of an
enacting Ordinance for the annexation of Enclave No. 1 which consists
of 29 single family homes and 11 undeveloped single family parcels.
The property is located immediately west of Seacrest Boulevard between
Gulf Stream Boulevard on the north and N.E. 22nd Street on the south.
This enclave is surrounded on three sides by properties which are
incorporated within the City and on the north by Boynton Beach.
The level of service is "0" meaning water and sewer is not generally
available and there are significant costs and factors to provide
service to the enclave. On the other hand the benefit to the City
comes from the increased level of code enforcement and Police
AGENDA REPORT
Meeting of September 13, 1988
presence. At
expressed at
In addition
raised.
the Planning and Zoning meeting some opposition was
having to pay for previously incurred bond indebtedness.
questions regarding water and sewer extension costs were
The Planning and Zoning Board at it's August 22nd meeting recommended
approval based upon positive findings that:
1. The annexation of Enclave 1 will not create an enclave(s).
2. Service will be provided to this property in a manner similar
to that for similarly situated properties which are already in
the City.
3. The proposed zoning of
District) is consistent with
(does not conflict) with all
evaluating rezoning requests as
R-1AA (Single Family Dwelling
the adjacent zoning and complies
of the seventeen standards for
found in Section 173.888.
4. The proposed zoning is consistent (does not conflict) with
the existing County zoning of RS (Single Family) or the existing
use (Single Family) for the property.
5.
the
the
The proposed zoning
City's Land Use Plan
property.
is consistent (does not conflict) with
designation of SF (Single Family) for
Recommend approval of Ordinance No. 111-88 annexing Enclave No. 1 with
proposed zoning of R-1AA.
Item No. 11 (Ordinance No. 112-88) This is a First Reading of an
enacting Ordinance for the annexation of Enclave No. 3 which consists
of 37 single family homes, 16 multi-family units and three
Commercial/Industrial units. This property is located immediately
south of Gulf Stream Boulevard between Seacrest Boulevard and the
Florida East Coast Railroad. Proposed zoning is R-1AA and R-1A-C
(Single Family Dwelling Districts), MIC (Mixed Industrial Commercial
District), and RH (Medium High to High Density Dwelling District).
This enclave is surrounded on three sides by properties which are
incorporated within the City and on the north by Boynton Beach.
The level of service is "0" meaning water and sewer is not generally
available and there are significant costs and factors to provide
service to the enclave. On the other hand the benefit to the City
comes from the increased level of code enforcement and Police
presence. At the Planning and Zoning meeting some opposition was
expressed at having to pay for previously incurred bond indebtedness.
In addition questions regarding water and sewer extension costs were
raised as were questions about maintenance of alleys.
The Planning and Zoning Board at it's August 22nd meeting recommended
approval based upon positive findings that:
1. The annexation of Enclave 3 will not create an enclave(s).
2. Service will be provided to this property in a manner similar
to that for similarly situated properties which are already in
the City.
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AGENDA REPORT
Meeting of September 13, 1988
3. The proposed zonings of R-1AA, R-1A-C, GC, and RH are
consistent with the adjacent zoning and complies (does not
conflict) with all of the seventeen standards for evaluating
rezoning requests as found in Section 173.888.
4. The proposed zoning is consistent (does not conflict) with
the existing County zoning of RS, GC, and RM or the existing uses
(Single Family (37), Triplex (1), Duplex (13), Commercial (3),
and Multi-family (2)) of the property.
Recommend approval of Ordinance No. 112-88 annexing Enclave No. 3 with
proposed zoning of R-1AA, R-1A-C, MIC, and RH.
Item No. 12 (Ordinance No. 113-88) This is a First Reading of an
enacting Ordinance for the annexation of Enclave No. 22 which consists
of six duplex housing units located west from N.W. 10th Avenue to
Roosevelt Avenue, south of Lake Ida Road. Proposed zoning is R-1A.
Level of service is "CO which means that while public improvements
will be necessary, no immediate capital demands will be required nor
will the annexation create excessive operating costs above revenues to
be derived from the annexed property.
The Planning and Zoning Board at it's August 22nd meeting recommended
approval based upon positive findings that:
1. The annexation of Enclave 22 will not create an enclave(s).
2. Service will be provided to this property in a manner similar
to that for similarly situated properties which are already in
the City.
3. The proposed zoning
zonings and complies
seventeen standards for
Section 173.888.
of R-1A) is consistent with the
(does not conflict) with all
evaluating rezoning requests as
adjacent
of the
found in
4. The proposed zoning is incompatible (conflicts) with the
existing County zoning of RM but is compatible with the County
Land Use Plan designation of L-M and density of the existing uses
(duplexes and vacant) of the property.
5. The proposed zoning is consistent (does not conflict with the
City's Land Use Plan designation of MF-L for the property.
Recommend approval of Ordinance No. 113-88 annexing Enclave No. 22
with proposed zoning of R-1A.
Item No. 13 (Ordinance No. 114-88) This is a First Reading of an
enacting Ordinance for the annexation Enclave No. 23 consists of
eight duplex housing units and three vacant parcels located east from
N.W. 10th Avenue to (almost) N.W. 8th Avenue, immediately north of
S.D. Spady School. Proposed zoning is R-1A. Level of service is "CO
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 at it's August 22nd meeting recommend
approval based upon positive findings that:
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AGENDA REPORT
Meeting of September 13, 1988
1. The annexation of Enclave 23 will not create an enclave(s).
2. Service will be provided to this property in a manner similar
to that for similarly situated properties which are already in
the City.
3. The proposed zoning
zonings and complies
seventeen standards for
Section 173.888.
of R-1A) is consistent with the
(does not conflict) with all
evaluating rezoning requests as
adjacent
of the
found in
4. The proposed zoning is incompatible (conflicts) with the
existing County zoning of RM but is compatible with the County
Land Use Plan designation of L-M and density of the existing uses
(duplexes and vacant) of the property.
5. The proposed zoning is consistent (does not conflict with the
City's Land Use Plan designation of MF-L for the property.
Recommend approval of Ordinance No. 114-88 annexing Enclave No. 23
with proposed zoning of R-1A.
Item No. 14 (Ordinance No. 115-88) This is an enacting Ordinance for
the annexation of Enclave No. 34 which consists of two single family
homes, eight industrial uses and 13 vacant parcels. The property is
located immediately west of Dixie Highway, and north of Linton
Boulevard, on both sides of S.W. 4th Avenue. Proposed zoning is R-1A,
LI,GC and RM-l0.
The level of service is "CO 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 at it's August 22nd meeting recommend
approval based upon positive findings that:
1. The annexation of Enclave 34 will not create an enclave(s).
2. Service will be provided to this property in a manner similar
to that for similarly situated properties which are already in
the City.
3. The proposed zonings of R-1A, LI, and GC are consistent with
the adjacent zonings and complies (does not conflict) with all of
the seventeen standards for evaluating rezoning requests as found
in Section 173.888.
4. The proposed zonings are compatible (does not conflict) with
the existing County zoning of RH and LI, or the existing use
(Single family (2), vacant (13), industrial (8) of the
properties. The proposed zonings are compatible by virtue of the
incompatibility of the existing uses and County zoning with the
County Land Use Plan designation, and the compatibility of the
proposed zonings with the existing uses.
5. The proposed zoning is consistent (does not conflict with the
City's Land Use Plan designation of SF, 0 (Office), I
(Industrial), C (Commercial) for the property.
- 4 -
AGENDA REPORT
Meeting of September 13, 1988
Recommend approval of Ordinance No. 115-88 annexing Enclave No. 34
with proposed zoning of R-1A, LI, GC, and RM-l0.
Item No. 15 (Ordinance No. 116-88) This is a First Reading of an
enacting Ordinance for the annexation of Enclave No. 65 which consists
of a 4.07 acre agricultural parcel and a 2.14 acre vacant parcel. The
property is located immediately north of West Atlantic Avenue between
Dover Road and Homewood Boulevard. Proposed zoning is ART.
The level of service is "CO 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 at it's August 22nd meeting recommend
approval based upon positive findings that:
1. The annexation of Enclave 65 will not create an enclave(s).
2. Service will be provided to this property in a manner similar
to that for similarly situated properties which are already in
the City.
3. The proposed zoning of RL (Low to Medium Density Dwelling
District) and ART (Agricultural Residential Transitional) is
consistent with the adjacent zonings and complies (does not
conflict) with all of the seventeen standards for evaluating
rezoning requests as found in Section 173.888.
4. The proposed zoning is consistent (does not conflict) with
the existing County zoning of AR (Agricultural Residential) or
the existing uses (vacant, agricultural) of the property.
Recommend approval of Ordinance No. 116-88 annexing Enclave No. 65
with proposed zoning of ART.
Item No. 16 (Ordinance No. 117-88) This is an enacting Ordinance for
the annexation of Enclave No. 68 which consists of 9.02 acres divided
into six single family homes. The property is located to the east and
west of Rabbit Hollowe Drive, extending north and south of Germantown
Road. Proposed zoning is ART.
The level of service is "CO 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. While not opposition
to this annexation was expressed residents were concerned about an
existing "mud hole" and a Nursery's employee parking along Germantown
Road. These concerns will be addressed by staff.
The Planning and Zoning Board at it's August 22nd meeting recommend
approval based upon positive findings that:
1. The annexation of Enclave 68 will not create an enclave(s).
2. Service will be provided to this property in a manner similar
to that for similarly situated properties which are already in
the City.
- 5 -
AGENDA REPORT
Meeting of September 13, 1988
3. The proposed zoning of ART is compatible with the
zonings and complies (does not conflict) with all
seventeen standards for evaluating rezoning requests as
Section 173.888.
adjacent
of the
found in
4. The proposed zoning is consistent (does not conflict) with
the County zoning of AR or the existing use (Single Family,
Agricultural) of the property.
5. The proposed zoning is
the City's land use plan
Residential Transitional),
property.
consistent (does
designation of
and SF (Single
not conflict) with
ART (Agricultural
Family) for the
Recommend approval of Ordinance No. 117-88 annexing Enclave No. 68
with proposed zoning of ART.
NON-ENCLAVE FIRST READINGS
Item No. 17 (Ordinance No. 109-88) Historic Preservation. This is
a First Reading of an Ordinance amending Chapter 174, "Historic
Preservation" of the Municipal Code of the City of Delray Beach. This
Ordinance was drafted by the City Attorney in conjunction with the
Historic Preservation Board and provides a number of amendments fine
tuning the Historic Preservation Code. These amendments are rather
complex and Commission may wish to schedule a work session to consider
the changes contained therein. The Historic Preservation Board has
requested that the Ordinance be placed before the City Commission at
the earliest possible time in order to expedite a number of pending
matters.
City staff have reviewed the amendment and believe that Section 20 (9)
"Appeals" should be further modified. The modification would provide
that appeals of variances are heard by the Historic Preservation Board
be reviewed by the City Commission rather than by a "court of record".
This would place the Commission in a more active role vis-a-vis
Historic Preservation and would not be inconsistent with your role for
example, in hearing appeals from the City Engineer as they relate to
dolphin pilings. It would additionally expedite and make less costly
appeals of variance decisions.
Recommend approval of Ordinance
City Commission hear appeals
Preservation Board.
109-88 amended to
of decisions made
provide that the
by the Historic
Item No. 18 (Ordinance No. 110-88) This is a First Reading of an
Ordinance amending Title 3 "Administration", Chapter 37, Section 37.02
to the Delray Beach Code of Ordinances. This Ordinance amends the
manner in which the Landlord Permit provision of our City Code is
enforced. Presently the Building Official is the enforcement arm.
This Ordinance provides that enforcement be done through the Code
Enforcement Board. It is expected that this amendment will expedite
administrative procedures allowing for greater coordination of effort
and provides us yet another methodology in which to enforce provisions
of the Landlord Permit Ordinance.
Recommend approval of Ordinance
37, Section 37.02 of the Delray
Landlord Permit provisions.
No. 110-88 amending Title 3, Chapter
Beach Code of Ordinances relative to
- 6 -
AGENDA REPORT
Meeting of September 13, 1988
Item No. 19 (Ordinance No. 118-88) This is a
Ordinance to increase the City's service fees
collection. This proposed hike is necessary
tipping fees by the Solid Waste Authority to
increases by Waste Management totall~ngc
outlining the new rates are enclosed in your
First Reading of an
for garbage and trash
to defray increases in
$33.50 per ton and CIP
4.22%. A detailed memo
agenda packet.
Recommend approval of Ordinance No. 118-88 increasing the City's
service fees for garbage and trash collection.
REGULAR AGENDA
Item No. 20 (Ordinance No. 94-88) This Ordinance is ready for Second
Reading for the annexation of Enclave No. 52 located west of Federal
Highway, north of Lindell. The enclave consists of four parcels
totalling 4.25 acres containing approximately 67 mobile home sites and
three single family homes. Proposed zoning is GC with the mobile home
park remaining as a non-conforming use.
Subsequent to first reading, staff became concerned that our initial
advertising may not have been complete and wishes to readvertise.
Recommend Ordinance No. 94-88 be postponed indefinitely and returned
to the Planning and Zoning Board for further consideration.
Item No. 21 Replacement of Settled Manhole- Hamlet. Adjacent to a
recently repaired manhole on Hamlet and Wildwood Drives, is a manhole
which has settled causing blockage. The Public Utilities Department
has installed a temporary plug in the line to allow daily pumping and
hauling of collected waste water. There are approximately 29 homes on
this reach of sewer. Based on the frequent daily pumping from the
upstream manhole and the increase in flows expected within the next
several weeks, replacement is recommended.
We have received quotes from:
Southern Pipeline Inc. - $15,700
Solo Construction Corp. - $14,850
The lowest quoted contractor has adequate
readily available to proceed with this
contacted were uninterested in a job of this
manpower and resources
work. Other contractors
small size.
Recommend award
Wildwood Drives
with funding to
of bid for re air of a manhole located at Hamlet and
to Solo Construction Corp. in the amount of 14,850.
come from Account No. 337-5163-636-60.73.
Item No. 22 Atlantic Avenue Beautification Project. This item is
submitted for discussion relative to signs and logo for the Atlantic
Avenue Beautification Project designed by Sasaki and Associates.
Previously the Commission chose not to approve a sign package which
included an entry sign at Atlantic and Swinton. The entry sign has
been removed from the plan, however, the remainder of this package has
not been formally addressed by the Commission. Ian Nestler from
Sasaki and Associates will be in attendance to discuss this item.
Recommend Commission direction relative to approval of signs and logo
for the Atlantic Avenue Beautification Project.
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AGENDA REPORT
Meeting of September 13, 1988
Item No. 23 Official Community Appearance Board Color Palette.
Previously the Commission approved modifications to the Sign Ordinance
to allow administrative flexibility when approving signs within the
Central Business District. A color palette was contemplated in the
Ordinance which has subsequently been approved by the Community
Appearance Board (CAB). The color palette is presently located in the
City Commission Office for your review. It will be available Tuesday
evening when this agenda item is considered.
Recommend approval of the CAB approved color
staff to process certain flat wall, projecting,
without CAB review.
palette which allows
and under canopy signs
Item No. 24 Nomination of Delegates to the Annual Congress of Cities.
This item is submitted for discussion relative to nomination of a
voting and alternate voting delegate for the Annual Congress of Cities
being held in Boston, Massachusetts in December. Under the Bylaws of
the National League of Cities, we are entitled to one voting and one
alternate delegate.
Recommend designation of a voting and alternate voting delegate to the
Annual Congress of Cities.
Item No. 25 City of Delray Beach vs. Booi Services (Marina Delray).
This item pertains to a settlement discussion between the City and
Booi Services regarding the Marina Delray litigation. New owners have
entered into a contract for the purchase of the Marina Delray property
and have proposed an alternate use of the property which forms the
basis for a settlement. The details will be addressed by the City
Attorney at your September 13th Commission meeting.
Recommend consideration of a settlement in the matter of City of
Delray Beach vs. Booi Service (Marina Delray).
Item No. 26 Signage Designation for Three Historic Districts. The
Historic Preservation Board has proposed that distinctive historic
district signs be installed in three historic districts throughout the
City. The blue signs with white lettering would include a City logo
with the words "Historic District" encircling the logo.
The Engineering Department has been
and estimate costs for the program.
will cost approximately $1,100.
working with the Board to design
Fifty street name signs installed
Recommend
IIHistoric
City.
Item No. 27 Reimbursement of Local Road Impact Fees. Several years
ago a "fair share formula" for local road impacts resulting from new
development were applied to developments along Congress Avenue and
Linton Boulevard. The intent was to provide for future widening of
Congress Avenue and Linton Boulevard to six-lane. Subsequently, Palm
Beach County has undertaken to widen Congress Avenue to six lanes and
widening of Linton rests with the Knight Development Company project.
approval of replacement
District" street signs in
of existing street signs with
appropriate neighborhoods of the
Because the local road
condition of development
believe it is appropriate
contributed. A total of
impact fees as
appears to be
to return the
$81,594 currently
previously imposed as a
no longer applicable, we
payments to those who have
is being held. The Delray
- 8 -
AGENDA REPORT
Meeting of September 13, 1988
Park of Commerce contributed $64,594, while Linpro has contributed
approximately $17,000. The Yu Brothers projects has been assessed
$275 but this has not yet been received. The Commission may wish to
place this item on a future work shop if there are additional
questions which are not answered by the memo attached in your agenda
packet.
Recommend approval of reimbursement of special "fair share formula"
local road impact fees to those developers which contributed them.
Item No. 28 Approval of Historic Preservation Workshop. The Historic
Preservation Board is sponsoring a workshop entitled "This Old Town"
to be held at the Colony Hotel, January 13-15, 1989. The propose to
underwrite the costs of the workshop, which they ultimately expect to
be defrayed by $50 registration fees.
The Historic Preservation Board estimates the underwriting costs to be
approximately $1,500. There is a sufficient balance within the line
item contained in the Department of Community Improvement to
accommodate this amount. A workshop schedule is enclosed in your
agenda packet.
Recommend approval of "This Old
the Historic Preservation Board
$1,500.
Town" workshop to be underwritten by
with City funding not to exceed
CONSENT AGENDA
Item No. 29 Chevron
Inc., represented by
for the construction
Atlantic and Congress
U.S.A. Inc. Final Plat Approval. Chevron U.S.A.
John F. Pulice is requesting final plat approval
of an automated car wash at their existing
location.
The Planning and Zoning Board at it's September 13th meeting recommend
approval of final plat. There are no conditions of approval.
Recommend approval of
Chevron U.S.A. located
Congress.
Item No. 30 St~ Mary's the
Virgin Church represented by
approval for construction
Atlantic Avenue and Homewood
a
at
final
the
plat for
northwest
the proposed car wash at
corner of Atlantic and
Virgin Church Final Plat. St. Mary's the
Daniel Henderson is requesting final plat
of a church on the southeast corner of
Boulevard.
The Planning and Zoning Board at it's September 13th meeting recommend
approval of the final plat. There are no conditions of approval.
Recommend approval of final plat for St. Mary's the Virgin Church and
reguest the Mayor to execute the mylar;
Item No. 31 Amendment No. 1 to the Agreement between City and School
Board. The City Attorney's Office has prepared a draft amendment for
Commission review. This amendment reduces the time for transfer of
Delray Elementary School to the City from 90 to 30 days.
Additionally, it provides for a lease agreement between the City and
School Board for use of any portion of the school for assignment of
students or other educational purposes on a one year renewable basis.
Recommend Commission action.
- 9 -
AGENDA REPORT
Meeting of September 13, 1988
Item No. 32 (Resolution No. 47-88) This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 135 S. W. 2nd Avenue. The Resolution sets
forth the actual costs incurred and provides the mechanism to attach a
lien on this property in the event the assessment of $1,643.40 remains
unpaid.
Recommend approval of Resolution No. 47-88 assessing costs for abating
an unsafe building within the City.
Item No. 33 (Resolution No. 48-88) This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 261 S. E. 5th Avenue. The Resolution sets
forth the actual costs incurred and provides the mechanism to attach a
lien on this property in the event the assessment of $3,190.00 remains
unpaid.
Recommend approval of Resolution No. 48-88 assessing costs for abating
an unsafe building within the City.
Item No. 34 (Resolution No. 49-88) This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 4141 N. W. 2nd Street. The Resolution sets
forth the actual costs incurred and provides the mechanism to attach a
lien on this property in the event the assessment of $198.00 remains
unpaid.
Recommend approval of Resolution No. 49-88 assessing costs for abating
an unsafe building within the City.
Item No. 35 (Resolution No. 50-88) This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 620 N. W. 1st Street. The Resolution sets
forth the actual costs incurred and provides the mechanism to attach a
lien on this property in the event the assessment of $1,430.00 remains
unpaid.
Recommend approval of Resolution No. 50-88 assessing costs for abating
an unsafe building within the City.
Item No. 36 AWARDS OF BIDS AND CONTRACTS:
A. Co-Op Bids for Police and Fire Uniforms, Annual Contract _
Martin-Lamar Uniforms - Police Estimated $30,860 with funding to
come from Account 001-2111-33.48; Fire Estimated $14,565 with
funding to come from Account 001-2311-522-33.48.
B. Phase IV, Barwick Park (to include restrooms and park center,
entrance plaza, walkways, signs, etc.) James A. Bushouse &
Associates $97,522 with funding to come from Account
117-4165-572-60.69.
C. Two Monitor/Defibrillators - Physio Control Corporation (Sole
Source) $15,150.80. $7,575.40 to come from Account
- 10 -
AGENDA REPORT
Meeting of September 13, 1988
001-2315-526-60.89 and
115-0000-248-64.00.
$7,575.40
to
come
from
Account
D. Annual Contract
B. Jennings, Inc.
departments - Repair
for Electrical Service and
$12,717.50 with funding to
and Upkeep Accounts.
Repairs - Russell
come from various
E. Ten-Ton Dump Truck - Heintzelman's Truck Center - $25,961.99
with funding to come from Account 441-5161-536-60.84.
F. Three Year Contract for Cabana and Beach Equipment Rentals _
Flamingo Cabanas - $24,120 per year.
G. Change Order No. 1
Murray-Logan Contractors, Inc.
Forcemain 150 Relocation Project _
- $4,219.23.
H. Final Payment Request and Reduction of Retainage to Zero for
Forcemain 150 - Murray-Logan Contractors, Inc. - $13,749.05 with
funding to come from Account 441-5161-536-60.66.
I. Revision to Task 2 of
CH2M Hill $2,850
339-5162-536-60.49.
Addendum No. 1 - 20 Series Well Field _
with funding to come from Account
J. Saline Monitoring Well Construction - CH2M Hill - $30,600
with funding to come from Account 339-5162-536-60.41.
K. Chemicals and Fertilizers (Coop Bid 88-87) - $25,121.59 with
funding to come from Account 001-4131-572-35.54 _
Terra International
LESCO, Inc.
Liquid AG Systems
Malter International
Southern Mill Creek
$12,867.69
7,228.05
2,016.90
216.00
2,792.95
L. Protective Turnout Gear and Helmets - $36,566 with funding to
come from Accounts 001-2315-526-33.48 and 001-2311-522-33.48 _
MuniCipal Equipment Co.
Safety Equipment Co.
$28,995.00 (Turnout Gear)
7,571.00 (Helmets)
- 11 -
,
.~.~. ~''''''P~~t'li':-~~''_''' '.
~. j' .:w....;....wt, ,-I,,-...it.. t.... ~.~ ..~....~ .\ \
PUBLIC HEARING-ENCLAVE ORDINANCES
Agenda Item No.5.
annexation of Enclave
McCleary Street owned
(FIND).
ORDINANCE NO. 70-88: An
43, located in the Tropic
by the Florida Inland
Ordinance for the
Isle Subdivision off
Navigation District
Agenda Item No.6.
annexation of Enclave
Highway, a portion of
ORDINANCE NO.
45, located on
the Delray Beach
72-88: An Ordinance for the
the east side of South Federal
Toyota Automobile Dealership.
ENCLAVE ORDINANCES- FIRST READING- (NO PUBLIC HEARING)
Agenda Item No. 10. ORDINANCE NO. 111-88: An Ordinance for the
annexation of Enclave No. 1 located immediately west of Seacrest
Boulevard between Gulf Stream Boulevard on the north and N. E. 22nd
Street on the south. If passed Public Hearing October 11th.
Agenda Item No. 11. ORDINANCE NO. 112-88: An
annexation of Enclave No. 3 located immediately
Boulevard between Seacrest Boulevard and the
Railroad. If passed Public Hearing October 11th.
Ordinance for the
south of Gulf Stream
Florida East Coast
Agenda Item No. 12.
annexation of Enclave
Road between Roosevelt
Hearing October 11th.
ORDINANCE NO. 113-88: An Ordinance for the
No. 22 located immediately south of Lake Ida
Avenue and N. W. 10th Avenue. If passed Public
Agenda Item No. 13.
annexation of Enclave
Road between N. W.
S. D. Spady School.
ORDINANCE NO. 114-88: An Ordinance for the
No. 23 located immediately south of Lake Ida
10th Avenue and N. W. 8th Avenue, adjacent to
If passed Public Hearing October 11th.
Agenda Item No. 14. ORDINANCE NO. 115-88: An Ordinance for the
annexation of Enclave No. 34 located immediately west of Dixie
Highway, and north of Linton Boulevard, on both sides of S.W. 4th
Avenue. Proposed zoning is R-1A, LI, and GC. If passed Public
Hearing October 11th.
Agenda Item No. 15. ORDINANCE NO. 116-88: An Ordinance
annexation of Enclave No. 65 located immediately north
Atlantic Avenue between Dover Road and Homewood Boulevard.
Public Hearing October 11th.
Agenda Item No. 16. ORDINANCE NO. 117-88: An Ordinance for the
annexation of Enclave No. 68 located to the east and west of Rabbit
Ho11owe Drive, extending north and south of Germantown Road, west of
Congress. If passed Public Hearing October 11th.
for the
of West
If passed
FIRST READINGS
Agenda Item No. 17. ORDINANCE NO. 109-88: Historic Preservation.
Consider staff direction.
Agenda Item No. 18. ORDINANCE NO. 110-88: An Ordinance amending
Title 3 "Administration" of the Code of Ordinances relative to
landlord permits. If passed Second Reading September 27th.
Agenda Item No. 19. ORDINANCE NO. 118-88: An Ordinance amending
Chapter 51 "Garbage and Trash" of the Code of Ordinances relative to
increasing fees. If passed Public Hearing September 27th.
REGULAR AGENDA
Agenda Item No.
94-88): Consider
Zoning Board.
20. ANNEXATION OF ENCLAVE NO. 52 - (ORDINANCE NO.
postponing indefinitely and return to Planning &
1':-'-,
ELRRY BER[ii
.'-,,\
"\ 'I
\ .
/
_ _ .-' ..'. ( ;:::", '. ,;~ ;:: .::: CJ' I::', : ~.: . :
PROCLAMA TION
\.7HEREAS, mental illness is a problem of grave concern
and consequence in American society and is widely, but unnecessar-
ily, feared and misunderstood; and,
WHEREAS, more than 10,000,000 people in the United.
States are disabled for long periods of time by schizophrenia,
manic depressive disorders, and major depression; and,
l'/HEREAS, mental
disability with excellent
properly recognized; and,
illness is an increasingly treatable
prospects for remedy and recovery when
WHEREAS, appropriate treatment of mental illness is cost
effective because it restores productivity, reduces utilization of
other health services, and lessens social dependence; and,
WHEREAS, research in recent decades has led to a wide
array of new and more effective somatic and psychosocial methods
of treatment for some of the most incapacitating forms of mental
illness, including schizophrenia, major affective disorders,
phobias, and phobic disorders; and,
WHEREAS, recent and unparalleled growth in scientific
knowledge about mental illness has generated the current emergence
of a new threshold of opportunity for future research advances and
fruitful application to specific clinical problems; and,
WHEREAS, persons with mental illnesses and their fami-
lies are stigmatized by the myths and prejudices surrounding
mental illness and are thereby doubly victimized by the illness,
NOW, THEREFORE, I, DOAK S. C~1PBELL, Mayor of the City
of Delray Beach, Florida, do hereby proclaim the week of October
2-8, 1988, as
"MENTAL ILLNESS AWARENESS WEEK"
and commend the 65,000 member-families of the National Alliance
for the Mentally III (NAMI) who have joined together to support
each other and their loved ones and to educate the American people
on the plight of the mentally ill. I also join NAMI in urging the
Federal Government to increase appropriations of the National
Institute for Mental Health for research on serious mental ill-
nesses.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the official Seal of the City of Delray Beach, Florida, to
be affixed this 13th day of September, 1988.
MAY 0 R
DOAK S. CAMPBELL
SEAL
lfA
-
[IT
F DELRAY BEAtH
.,.~
(~)
1, ''::~iUE
-":::_ c ,.... ,( ~:t:A(:,L..., ,: ;,C'<:0A.3J4JJ.
'n :~_t1
PROCLAMA TION
WHEREAS, Hunger and homelessness should not be allowed
to exist in our society; and,
WHEREAS, the American people do have the means to end
the needless plight of the hungry and the homeless in our country;
and,
WHEREAS, we deem the existence of hunger and homeless-
ness in our country a NATIONAL DISGRACE as long as it is allowed
to survive,
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City
of Delray Beach, Florida, do hereby proclaim the Sunday before
Thanksgiving of each year as
"HUMANITARIAN DAY"
a day in which (1) We are reminded of the needs of our fellow-man,
(2) A day in which ~e ,reach out to the less fortunate, and (3) A
day in which we Americans are reminded about the struggles and the
dreams of our Pilgrim ancestors.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the official Seal of the City of Delray Beach, Florida, on
this the 13th day of September, 1988.
MAY 0 R
DOAK S. CAMPBELL
SEAL
Office of the Mayor
btrta<<. WHEREAS, we see our children and
youth 0 Amer~ca, as wert.as all youth, being confronted with
difficult decisions day by day, and with bewildering lifetime
choices in an increasingly complex and often turbulent soci-
ety; and,
WHEREAS, the Bible has, for several thousand years,
been a beacon for moral guidance and a fountainhead of uplift
for the people of all nations; and,
WHEREAS, our Nation has
generations of women and men whose
been nourished by the wisdom and
pages of the Bible; and,
been built by succeeding
visions of greatness have
inspiration found in the
WHEREAS, ,we share the sentiment of President John
Quincy Adams, who said, "So great is my veneration of the
Bible, that the earlier my children begin to read it the more
confident will be my hope that they will prove useful citizens
of their country and respectable members of society"; and,
WHEREAS, the Laymen's National Bible Association has
instituted National Bible Week to be held annually during the
week of Thanksgiving. And for this year's 48th annual observ-
ance has developed literature and media messages for the
interfaith observance around the theme, "READ THE BIBLE. THE
WAY TO GO!" to encourage young people to discover the value of
the BIBLE.
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City
of De1ray Beach, Florida, to hereby proclaim November 20-27,
1988, as
"NATIONAL BIBLE WEEK"
in Delray Beach, and call upon all of our citizens to partic-
ipate in the observance bV reading the Holy Scriptures and in
other appropriate ways that will help them discover the
special value of the Bible to the life and culture of the
United States and its importance for all people especially the
young.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the official Seal of the City of Delray Beach, Florida,
to be affixed this 13th day of September, 1988.
MAYOR
DOAR S. CAMPBELL
SEAL
DEPAr TMENTAL
CORRESPONDENCE
TO
Walter Barry
City Manager
[ITY OF
DELRAY SEALH
~Ci
FROM
Joe Weldon
Director of Parks and Recreation
SUBJECT
1989 World Rowing Marathon
8/17/88
DATE
Attached please find correspondence and a video tape from Mr.
George Cox requesting the use of a part of Veteran's Park for
two days as a finish site for the 1989 World Ro~ing Marathon on
the Intracoastal from January 9-14. The race is from North Palm
Beach to Miami and attracts participants from 27 countries. Mr.
Cox indicated in a meeting on August 4 that they would provide
the necessary tents, portable toilets, security, insurance,
etc., but requests help for traffic and spectator control, if
necessary.
I think this would be an interesting event for the City and our
residents and recommend I pursue working out the details.
Please advise.
Parks and Recreation
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Under the direction of
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Uresident of
The World Rowing Federittion rr:[~;\).
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8/15/88
Joe Weldon
Director Of Parks
& Recreation
City Of De1ray Beach
50 NVI 1st Ave.
De1ray Beach, FL 33444
Dear Mr. Weldon:
As a follow up to our meeting, I am writing
to request permission from the City Of Delray
Beach to Use Veteran's Park as a finish staging
site for Race #2, Tuesday, January 10th, 1989,
and that we may appear before the City Commission
to make a presentation. Below is a preliminary
outline of some logistical and technical matters.
Veteran's Park
-Secure permission to USe park Oil Tuesday,
January 10th, 1989.
-Set up day, Monday, January 9th, 1989.
-Police assistance in traffic control and
spectator control.
-Marine patrol assistance.
-Work with Coast Guard and The Florida
Marine Patrol blocking off boat traffic
during the race.
-Secure permit or permission to set up
several tents in park.
-Press, officials, VIP, etc.
-Arrangements to use park fresh water to
wash down rowing shells.
-Arrangements to Use electrical hookups.
-Portable toilets for spe~tators and
athletes to be placed in park.
-Medical unit
-Day/night security.
I will inform you of more details when they
become available. Please call me if you have
any questions. Thank you for your support.
Sincerely,
/L. ,--" /" -/
. . ~__ 2. c.-,...~"
-George ""f:. Cox :rI r-
Technical Commission
/
ORDINANCE NO. 70-88
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 28. TOWNSHIP 46
SOOTH, RANGE 43 EAST. PALM BEACH COUNTY.
FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED ON THE WEST SIDE OF THE INTRACOASTAL
WATERWAY, BETWEEN LINTON BOULEVARD AND
McCLEARY STREET; REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR
THE RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO R-1AA
(SINGLE FAMILY DWELLING) DISTRICT; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.,.
WHEREAS. the Legislature of the State of Florida passed
the De1ray Beach Enclave Act. Chapter 86-427. Laws of Florida.
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach; and,
WHEREAS. pursuant to the De1ray Beach Enclave Act, the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray.Beach and the enclaves that
would be subject to annexation under the Act, with said referen-
dum held on November 4. 1986. in conjunction with a general
election for Palm Beach County, Florida; and.
WHEREAS, the referendum held on November 4. 1986. was
approved by a single majority vote of said qualified electors;
and.
WHEREAS. the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act, which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; and,
WHEREAS, the City of
authorized to annex lands in
Enclave Act,
Delray Beach has heretofore
accordance with the Delray
been
Beach
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS:
SAction 1. That the City Commission of the City of
De1ray Beach, Palm Beach County. Florida. hereby annexes to said
City the following described land located in Palm Beach County.
Florida, which lies contiguous to said City to-wit:
The Easterly 522.52 feet of the North Quarter
of the Northeast Quarter of the Northwest
Quarter lying west of the Florida Inland
Navigation District Canal right-of-way (less
the South 25 feet of the East 131.49 feet and
the Northerly 47 feet of the Westerly 53 feet
for the road right-of-way in OR2346P784), in
Section 28, Township 46 South, Range 43 East,
Palm Beach County, Florida.
The subject property is located on the west
side of the Intracoastal Waterway. between
Linton Boulevard and McCleary Street.
The above described parcel contains a 4.02
acre parcel of land, more or less.
s
,
Section 2 That the boundaries- of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach,
Florida.
Section 3. That Section 113.886 of the Zoning Code has
been followed in the establi=hment of a zoning classification in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District R-1AA (Single Family
Dwelling) as defined by existing ordinances of the City of Delray
Beach, Florida.
Section 4. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
Section 5. That this annexation of the subject proper-
ty, including adJacent roads, alleys, or the like, if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 6. That all ordinances or parts of ordinances
in conflict herewith be. and the same are hereby repealed.
~ct1on 1~ 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
June 28, 1988
Second Reading
- 2 -
Ord. No. 70-88
ORDINANCE NO. 72-88
AN ORDINANCE OF THE CrTY COUNCIL OF THE CITY
OF DELIlAY REACH. FLORIDA. ANNEXING TO THE
CITY OF DELRAY BEACH LOTS 1 THROUGH 6.
INCLUS IV:: . :,:::,:', ;:;oAD R Ir";HT-OF- WA Yl. LOTS 7
THROUGH 13, TNCLiJ~; IVE. AND ABANDONED AVENUE
'A" L YINt-; ~O,"[JTH OF AND AD.J ACENT TO LOTS 6
THROUGH 12. INCLnSIVE. BLOCK 38. DEL-RATON
PARK. ACCORDING Tu THE PLAT THEREOF RECORDED
IN PLAT BOUK 14. PAGE 9. PUBLIC RECORDS OF
PALM BEACH c:l)[HlT'{. FLORIDA. WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY: SAID LAND IS LOCATED AT THE
NORTHEAST CORNER OF [I. S. HIGHWAY NO. 1 AND
AVENQE "A'; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND: PROVIDING FOR THE
RICiHT5 AND OBLIGATIONS OF SAID LAND:
PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL I DISTRICT: PROVIDING A
GENERAL RliPEALER CLAUSE: PRO V .,ING A SAVING
CLAUSE: PROVIDING AN EFFECTIVE :JATE.
WHEREAS. t.h~ Le","is 1a t'lre of th..., ~O.t,3te of Florida passed
the Delray Beach Enc1avp. Act.. Ch,3Pter ,:,,..;-427. Laws of Florida.
providing for the annexation of enclaves within the general
boundaries of the City of De1ray Beach: and.
WHEREAS. pursuant to tho; Delray Beach I!:nchve Act. the
City of Delray Beach called fnr a r",ferendllm of those qualified
electors within the City of Delri'lY Be.,ch and the enclaves that
would he subject to annexation under the Act. with said referen-
dum held on November 4. 1986. in conj'lnction wj th a general
election for Palm Beach COllnt.y'. FI')l'ida: ",nct.
WHEREAS. t.he referendwII held on NOITember 4. 1986, "'as
:'1pproved by a sin~le maji",rit.y IT,)t.e of "",id qualified ",lectors;
and.
WHEREAS. th~ ~jtv of neJrAY R~A~h ha5 prepared an
Enclave Report out.linin!!: t,n'" Ctt.y.... pl.'ln tnI' implementation of
the Delray Reach I!:nclave Act.. which ident.1tie>> sixt.y-five (65)
enclaves eligible for annexat,ion pursuant t.o the Act; and.
WHEREAS. the City of
authorized to annex Lands in
Enclave Act.
De t ray Beach has heret.,"fore
a(~,~(.rdanc'" with t.h", Delray
been
Beach
NOW. THEREFORE. kl!: [T u8DAINED BY THE CITY COUNCIL OF
THE CITY OF DELRA Y BI!:ACH, b'[,lJR lDA. A3 B'OLLuWS:
Section 1. That t,he Gi ty Gounc1- 1
3each. Palm Beach Gount.y. FI'Jrida. hereby
the following described land lOCAted in
Florida, which lies cont.iguou5 tn said City
of the City of Delray
annexes to said City
P.!Ilm Beach Count.y.
to-wi t:
Lots 1 through ". inclusive (less road
right-of-way). Lots 7 t.hrongh 1:3. inclusive.
and Abandoned Avenue "A" lying south of Ilnd
adjacent to Lots 6 t.hrough 12. inc I us i ve.
Block 38. Dli:L- RATON PARK. Flcc(.rd ing to t.he
Plat t.hereof recorct~d 1n Pl!'tt. B<:.oK 14. P.'1ge
9. Public R~(';(..rd5 l,"lf P.1..Lm 6p...~<.:h \~ollnt,v.
FlorinA.
Th~ 511h)A~~ pr,~p~rtv
nort.hp.,qs1':. cnrn~r \):t o.
Avp.nl]~ "A".
l:=; 1,")(:F:lt.~(1 at
,.1. Mtghw3V No. 1
t.lle
and
b'
The abcv.;, described I?arcel
acre parcel of l::-lnd. more or
c:ontains a
~~;~S .
1. lj 1
Sect.;("l(l ~::'. Th.3t. "the b(iund,~t"t~s ,if t.he (~i"t~., .:.)f Delr~v
Beach. Florida, ~r8 hereby redefined ~0 in~lude ~her.in ~he
above-deRcribed ~rAr~ nf land and s~id land is hereby declared ~n
be within the (:cr~-(;r.?t.e 1tl'rji.ts of 1':he Ci.t.yof Delray B~ach.
Florida.
S~c_tL2n_::.~ That :Section :30-23 of "t.he Zoning Gode h,3S
been followed in r.he e5t.ablishment of a zoning c1assificar.inn in
t.hi.~ ordinance and the tract. of land hereinabove described is
hereby declared to be tn Zoning District GC (General Commer~ial)
as defined bv existing ordinances of the City of Delray Beach,
Florida.
S",!:,r,.i.<:>n.~. Th"'"t. "t.he land h"'t"",inahove described shall
immerlia"t.ely he...,,,,,,,,, ",llhject t.o ...11 (If the franchises, prlvilelles.
imm'mi"T:ie5. dehr.,:,. ..,hligatinnR. J.i-'\bilit.;",,,,. ordinan<les and laws
to which l~nds in the City of Delray '-ach are now or may be
subject.ed ~nd p"'t'",ons residing thereon'..i.all be deemed citizens
of ~he City ,)f nelr~y 8~a~h.
:kC.Li.<:i rL 5.._ Th,3t t.hi>; -'\nnexat.i. " of the subject proper-
ty, including adi."cent roads. alleys, nr t.he like. if any, shall
not. be deemed ,accept.ance by the City of any maintenance responsi-
bll i ty for ""lGh roads, alleys. or r.he J. ike. unless otherwise
spec if ic~ lly ini t.iat.ed by the City purSUAnt. t.n 'current. require-
ments ...nct conditions.
."e!~tJQ!L.6~_ That. .311 ordin...ncAS nr p.'1rt.f; of ordin.qnces
in (~onf 1 let, h~rewi th be. and t.hp. ."ame ~re h~ rfl!hy repea led.
Section 7~ That should any section or provision of
this ordinance or ...ny portion thereof, any par~gr~ph. sent"'nce.
nr word be declared by a Court of compet.enr. Jurisdiction to be
invalid. such de~i",ion shall not .'1ffec;t th... 'ralidit:__ of the
r",mainder hereof .35 "- whole or part thereof nt.her than the part
declared to be invalid.
~'~G.tJ.r>n.fL Th...t t,his ordinanc'" shall becom", effective
immediately upon paSS.3g... on s...cond and final reading.
PARSED AND ADOPTED i.n regular SASS ion
final reading on this the ______ day of
on second and
.__' 1~388.
-----------
MAY 0 El
ATTEST:
City Clerk
Fir!'lt !le.ading ____
:,.",c(".nd !leadinor _
- 2 -
Ord. ~o. 72-88
I.
PLANNING B-
CITY OF DELRAY
ZONING BOARD
BEACH
--- STAFF REPORT
tEET ING CATE: August 22. 1988
~ ITEM: II.A.
I11EI4: Considerstion for Annexation and City Zoning for Enclave 1.
SEE ATTACHMENT
GENERAL DATA:
owners .................. See attachment
Location ................Immediately west of Seacrest Blvd.
between Gulf Stream Blvd. on the north
and Northeast 22nd Street on the south
Description .............See attachment
Enclave Size ............21.05 acres
Jurisdiction ............Palm Beach County
County Land Use Plan ....L-M (Low to MediWll Density Residential)
City Land Use Plan ......SF (Single Family)
COunty Zoning ...........RS (Single Family Residential District)
Proposed City Zoning ....R-1AA (Single Family Dwelling District)
current Use .............Single family family (29), Vacant (11)
Water Service ...........Existing 8 inch lines on Seacrest
Boulevard, Swinton Avenue, and Coconut
Road
Sewer Service ...........Existing lines on Seacrest Boulevard and
Swinton Avenue
to
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ITEM BEFORE THE BOARD:
The action before the Board is consideration of annexation and
City zoning of Enclave 1 (as described in the "Enclave Report,
Implementation of the Delray BeaQh Enclave Act"). Action on this
item is pursuant to the Delray Beach Enclave Act (Chapter 86-427,
Laws of Florida).
BACKGROUND:
The city Commission approved the Enclave Report, containing the
required "urban services plan", which was prepared pursuant to
the Enclave Act. upon acceptance of the report, the City
Commission directed that the annexation process be initiated in a
manner consistent with the recommendations of the Report.
The subject property owners and adjacent property owners within
500' have been mailed letters of notification pursuant to the Act
and the requirements of section 173.886 (B), "Rezoning Requests"
of the Delray Beach Zoning Code.
ANALYSIS:
Enclave 1 is comprised of 40 parcels surrounded on three sides by
properties which are incorpora~ed within the City of Delray
Beach and on the north by incorporated Boyton Beach. Annexation
of this property will not cause the creation of an additional
enclave(s).
Water service is available from Seacrest Boulevard, Swinton
Avenue, and Coconut Road for extension to the balance of the
enclave. A few.of the properties are currently serviced with
water as illustrated on the attached map. Sewer service is
available for extension from Seacrest Boulevard and Swinton
Avenue. The Enclave Report estimated that extension of water and
sewer service to the balance of the enclave will cost $106,500
and $42,000 respectively for a total cost of $148,500, to provide
level of service "A" to the enclave.
Swinton Avenue, Seacrest Boulevard, and Northeast 22nd Street
adiacent to the enclave are paved to City standards. The streets
within the enclave are paved, but to substandard width and
the surface consists mainly of patch on patch. The Enclave
Report estimated that to provide a level of service "A" for
streets and drainage, the following expenditures would be
required: paving ($38,855), sidewalks ($15,400), and drainage
($88,750) improvements for a total cost of $143,005.
The estimated expenditures to provide a level of service "A" to
Enclave 1 therefore is $291,505.
The recommended zoning of R-1AA is consistent with the existing
R-1AA (Single Family Dwelling District)of the surrounding area.
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The proposed R-lAA zoning is not inconsistent with the adjacent
LC (Limited Commercial) at the southeast corner of the enclave as
the propertY, although presently vacant, has been a commercial
center in the past and the approval of any redevelopment plans
for this commercial site will address the differing zonings and
future land use. The recommended zoning is consistent with the
existing County zoning of RS (Single Family Residential
District), the County land use plan designation of L-M (Low to
Medium Density Residential), and the City's land use plan
designation of SF (Single Family).
The Planning and Zoning Board has considered alternative zoning
and land use designations for the area north of N.E. 22nd
Street, between Swinton Avenue and Seacrest Boulevard. Both low
and moderate density multifamily dwelling have been discussed as
appropriate, for the total area as well as just that portion west
of the now vacant retail center at the northeast corner of N.E.
22nd Street and Seacrest Boulevard. As no clear direction has
been determined, it is appropriate to zone this portion of the
enclave consistent with the existing City Land Plan designation
and existing uses. This item can be considered seperately or as
a part of the ongoing comprehensive plan development, which
includes a land use element.
Section 173.888 sets forth seventeen standards for evaluating.:
rezoning requests for which the Planning and zoning Board and the
City Commission shall make written findings indicating that the
proposed change has been studied and considered in relation to
said standards. These seventeen standards are attached to this
report.
The Planning and Zoning Department has reviewed the proposed
zoning against the seventeen standards. There are no apparent
conflicts between the standards and the proposed zoning of the
property.
For informational purposes, a copy of the Enclave Report summary
sheet for this enclave is attached to this report.
RECOMMENDED FINDINGS:
1. That the annexation of Enclave 1 will not create an
enclave ( s) .
2. That service will be provided to this property in a
manner similar to that for similarly situated properties
which are already in the City.
3. That the proposed zoning of R-1AA (Single Family
Dwelling District) is consistent with the
adjacent zoning and complies (does not conflict) with
all of the seventeen standards for evaluating rezoning
requests as found in Section 173.888.
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4. The proposed zoning is consistent (does not conflict)
with the existing County zoning of RS (Single Family
Residential District) or the existing use (Single
F~ily) of the property.
5. The proposed zoning is consistent (does not conflict)
with the City's land use plan designation of SF (Single
Family) for the property.
ALTERNATIVE ACTIONS:
1. Continue with direction.
2. Recommend approval of the rezoning and annexation of
Enclave 1.
3. Recommend denial of the rezoning and annexation of
Enclave 1.
RECOMMENDATION:
By motion, recommend that the City Commission approve the
annexation of Enclave 1 with an initial zoning of R~lAA.
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1 1987 ENClAVE ACT STUDY
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ATLANTIC
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Enclave 4 anqexed May 24.1988. voluntary
Enclaves 2 and 5 annexed May 24. 1988
~~UlBlrn JmlBY' sp If
fIi l ~ (}IDE!) BY: 51
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Number of Parcels:
Total Acreage:
40
21. 59
ENCLAVE ~ (
Assessed Value: $1.213.545
Estimated population: 87
GBHBllAL CHARACTER LEVEL OF SERVICE SUMMARY
EDc:lave 1 consists of 29 (15.63 acres) Fire ~ EMS . . . . . . . . . . C
811181e faa1ly bolUS and 11 (5.42 acres) Police . . . . . . . . . . . . . . A
undeveloped single f8lllily parcels. Water . . . . . . . . . . . . . . . A&C
Sewer . . . . . . . . . . . . . . . C
Access . . . . . . . . . . . . . . B
Code Enforcement . . . . C
.
CUMULATIVE . . . . . . . . . . D
LAND USB EVALUATION FINANCIAL EVALUATIOH
Proposed Zoning . . . . . . . . . . R-lAA REVENUES :
Property ,Tax: $ 6.310
Plan Zoning and Per Capita . 15.112
.
Use are Consistent . . . . . . . . Yes
TOTAL : (Annual) 21 .422
Zoning and City Plan
are Consistent, Use
BecClllleS Nonconforming . . . . . No EXPENDITURES:
Operating : 15.486
Use is Accommodated Additional
Through a Zone Which is Operating . 1.575
.
Inconsistent with the Total Operating:'17,061
City Plan . . . . . . . . . . . . . . . . . No
Capital: $106.500
Number of Enacting Ord. .. . 1 C. LP.
COMMENT: COMMENT: *
No apparent proble..
Proposed zontna R-l-AA
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* L.O.S. - C Based upon ability of City to provide water service
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ORDINANCE NO. 111-88
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH A PARCEL OF LAND
LYING AND BEING IN SECTION 4, IN PART, AND
SECTION 5, IN PART, TOWNSHIP 46 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY; SAID LAND IS LOCATED ON
THE WEST SIDE OF SEACREST BOULEVARD, BETWEEN
GULFSTREAM BOULEVARD ON THE NORTH AND N.W.
22ND STREET (PINERIDGE ROAD) ON THE SOUTH;
REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; PROVIDING FOR
THE ZONING THEREOF TO R-1AA (SINGLE' FAMILY
DWELLING) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida passed
the Delray Beach Enclave Act, Chapter 86-427, Laws of Florida,
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach; and,
WHEREAS, pursuant to the Delray Beach Enclave Act, the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act, with said referen-
dum held on November 4, 1986, in conjunction with a general
election for Palm Beach County, Florida; and,
WHEREAS, the referendum held on November 4, 1986, was
approved by a single majority vote of said qualified electors;
and,
WHEREAS, the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act, which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; and,
WHEREAS. the City of Delray Beach has heretofore been
authorized to annex lands in accordance with the Delray Beach
Enclave Act,
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION
OF THE 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 d~scribed land located in Palm Beach
Florida, which lies contiguous to said City to-wit:
City of
to said
County,
The North Half of the Northwest Quarter of
the Northwest Quarter of the Southwest
Quarter (less the West 300 feet of the East
400 feet of the North 171.85 feet) lying
within Section 4, Township 46 South, Range 43
East; together with,
The West 100 feet of the East 300 feet of the
North 171.85 feet of the North Half of the
Northwest Quarter of the Northwest Quarter of
the Southwest Quarter lying within Section 4,
Township 46 South, Range 43 East: together
with,
/0
The West 100 feet of the East 400 feet of the
North 171.85 feet of the North Half of the
Northwest Quarter of the Northwest Quarter of
the Southwest Quarter lying within Section 4,
Township 46 South, Range 43 East; together
with,
The West 100 feet of the East 200 feet of the
North 171.85 feet of the North Half of the
Northwest Quarter of the Northwest Quarter of
the Southwest Quarter lying within Section 4,
Township 46 South, Range 43 East; together
with,
The South Half of the Northwest Quarter of
the Southwest Quarter of the Southwest
Quarter [less the East 340 feet. South 195
feet of the East 130 feet of the West 150
feet and the South 180 feet of the East 150
feet of the West 300 feet (and the South
two-fifths (2/5) of the North Half of the
Northwest Quarter of the Southwest Quarter of
the Southwest Quarter. less the East 340
feet)]. in Section 4, Township 46 South,
Range 43 East; together with.
The East 100 feet of the West 300 feet of the
South 180 feet of the South Half of the North
Half of the Southwest Quarter of the South-
west Quarter, lying within Section 4. Town-
ship 46 South. Range 43 East; together with,
The East 130 feet of the West 150 feet of the
South 195 feet. and the East 50 feet of the
West 200 feet of the South 180 feet of the
South Half of the North Half of the Southwest
Quarter of the Southwest Quarter (less the
road right-of-way), lying within Section 4,
Township 46 South, Range 43 East; together
with.
The North 160 feet of the South Half of the
Northwest Quarter of the Northwest Quarter of
the Southwest Quarter (less the East 463
feet), lying within Section 4. Township 46
South. Range 43 East; together with,
The South Half of the Northwest Quarter of
the Northwest Quarter of the Southwest
Quarter (less the North 160 feet. and the
South 140 feet, and the County road
right-of-way), lying within Section 4.
Township 46 South. Range 43 East; together
with,
The North 60 feet of the East 120 feet of the
South Half of the Northwest Quarter of the
Northwest Quarter of the Southwest Quarter
(less the East 40 ft. road right-of-way),
lying within Section 4, Township 46 South,
Range 43 East; together with,
- 2 -
Ord. No. 111-88
The North Half of the South four-fifths (4/5)
of the North Half of the Northwest Quarter of
the Southwest Quarter of the Southwest
Quarter (less the East 340 feet) of Section 4
and the South 130 feet of the North 206 feet
of that part of the Southeast Quarter of the
Southeast Quarter of Section 5 lying east of
and adjacent to Swinton Avenue, in Sections 4
and 5, Township 46 South, Range 43 East;
together with.
The South 140 feet of the East 290 feet of
the South Half of the Northwest Quarter of
the Northwest Quarter of the Southwest
Quarter (less the East 40 ft. road
right-of-way), lying within Section 4,
Township 46 South, Range 43 East; together
with,
Lots 1 through 5, inclusive, Block
HEIGHTS. according to the Plat
recorded in Plat Book 23, Page 206,
Public Records of Palm Beach County,
(lYing within Section 4, Township 46
Range 43 East); together with,
A , LAKE
thereof
of the
Florida
South,
Lots 1 through 11, inclusive, Block B. LAKE
HEIGHTS, according to the Plat thereof
recorded in Plat Book 23, Page 206, of the
Public Records of Palm Beach County, Florida
(lying within Section 4, Township 46 South,
Range 43 East); together with,
Lot 1, and Lots 6 through 11. inclusive,
Block C, LAKE HEIGHTS, according to the Plat
thereof recorded in Plat Book 23. Page 206,
of the Public Records of Palm Beach County,
Florida (lying within Section 4. Township 46
South, Range 43 East); together with,.
Lots 1 and 2 and the West 162 feet of
Bonneview Road as in OR1312P204, MACLARENS'
SUBDIVISION, according to the Plat thereof
recorded in Plat Book 23, Page 36. of the
Public Records of Palm Beach County, Florida
(lying within Section 4. Township 46 South,
Range 43 East); together with,
Lots 3 through 6, inclusive. MACLARENS'
SUBDIVISION, according to the Plat thereof
recorded in Plat Book 23, Page 36, of the
Public Records of Palm Beach County, Florida
(lYing within Section 4, Township 46 South,
Range 43 East); together with,
Bonneview Road (less the West 162 feet as in
DB943P459 1 , MACLARENS' SUBDIVISION, according
to the Plat thereof recorded in Plat Book 23,
Page 36, of the Public Records of Palm Beach
County, Florida (lying within Section 4.
Township 46 South, Range 43 East); together
with,
The East 35 feet of the South 203.5 feet of
the North 547.23 feet of the North Quarter of
the Southeast Quarter, lying within Section
5, Township 46 South, Range 43 East; together
with.
- 3 -
Ord. No. 111-88
The South 160.1 feet of the North 206.1 feet
of the Easterly 454.29 feet of that part of
the Southeast Quarter of the Southeast
Quarter lying West of and adjacent to Swinton
Avenue, lYing within Section 5, Township 46
South, Range 43 East, Palm Beach County,
Florida.
The subject property is located on
side of Seacrest Boulevard,
Gulfstream Boulevard on the north
22nd Street (Pineridge Road) on the
the west
between
and N.W.
south.
The above described parcels contain a 21.05
acre parcel of land, more or less.
Section 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described 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 tracts of land hereinabove described are
hereby declared to be in Zoning District R-1AA (Single Family
Dwelling) as defined by existing ordinances of the City of Delray
Beach. Florida.
Section 4 That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the City of Delray 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.
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.
- 4 -
Ord. No. 111-88
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 5 -
Ord. No. 111-88
PLANNING 8 ZONING
CITY OF DELRAY
BOARD
BEACH
---
STAFF REPORT
---
MEETING ~TE: August 22. 1988
AGEfIIJA ITEM: II.B.
ITEM: Consideration of Annexation and City Zoning for Enclave 3.
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GENERAL DATA:
<lwnen ..................S_ at_
Location............... .I~at.ly _th of Gulf Str_ Blvd.
bet_n S.acrellt Blvd. ADd tbe Plorida
Ea.t Cout RailroAd
Description .............See attachment
Enclave Size ............13.36 acre.
Jurisdiction ............Palm Beach County
COunty LaIl4 Use Plan .... L-M (Low to Media lleIIaity Re.idential,
3-8 dwellinq./acre)
City Land Use Plan..... .SP (Sinqle Paaily), IIP-II Ullllti-Paaily
Moderate DeMity), C (o:-rcial), MP-8
(lIIllti-Palllily Rip _ity)
County Zollinq
...........RS (Sinqle Paaily ....A.fttial Di.trict),
CG (General ec-rcial. Di.trict), RII
(Rea1dantial Medi_ _ity, 12
dwellinq./acr.)
... .R-1M and R-IA-C (SiDql. Pallily Dwellinq
Di.tricts), mc (1IiDd Induatrial
COIIIIIercial District). RB (Medilllll Hiqh to
Hiqh Density DwelliDq Di.trict)
PrODOHd City ZoDinq
current u.. .............Sinqle f8lllily (37), Triplex (1), Dupl.x
(13, 26 unite), o:-rcial/lnduatrial (3)
IIIlltif8lllily (2)
Water service ...........Clo...t water i. available at Seacrest
Boul.vard, 630 f_t to the ....t
sewer service ...........Clo...t .ervice i. a 12 inch line on
Federal Riqhway (u.S.I1) due to , I
el.vation difference. to the ....t
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Number of parcels:
Total Acreage:
55
13.36
GENERAL CHARACTIIl LEVEL or SERVICE SUMMARY
Enclave 3 consists of 37 single family Fire , EMS .. . . ...... BIC
homes, 1 triplex, and 13 duplexes (26 Police ......... ..... A
units) on 10.6 acres, and 10 multifamil Water . . . . . . . . . . . . . . . C
units on 1.2 acres, and 1.48 acres of Sewer . . . . . . . . . . . . . . . C
existing commercial/industrial us~s. Acc.ss . . . . . . . . . . . . . . C
The multifamily area lies west of Webb Cod. Enforcement . . . . C
A'lenue wich the' commercial/industrial
area. lying east of Webb Avenue. CtJMULATIVE . . . . . . . . . . D
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LAND USE EVALUATION FINANCIAL EVALUATIOIf
Proposed Zoning A~tA:C.. i.!iF anR; 1-.;~ REVENUES : .
Property Tax: $ 11,965
Plan Zoning and Per carita . 25, 187
.
Us. are Consistent ....... . Yes Commerc al 2,655
TOTAL: $ 39,806
Zoning and City Plan
are Consist.nt, Us.
aecomes Nonconforming . . . . . No EXPENDITURES:
Operating . U5,810
.
Use is Accommodated Additional 1.475
Through a Zone Which is Operating :
Inconsistent with the Total Operating:$27,285
City Plan . . . . . . . . . . . . . . . . . No
Capital: $68,550
Number of Enacting Ord. . . . 3 C.t.P.
COMMD'l' : COMMENT :
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No apparent prob1...
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ITEM BEFORE THE BOARD:
The action before the Board is consideration of annexation and
City zonin9 of Enclave 3 (as described in the "Enclave Report,
Implementation of the Delray Beach Enclave Act"). Action on this
item is pursuant to the Delray Beach Enclave Act (Chapter 86-427,
Laws of Florida).
BACKGROUND:
The City Commission approved the Enclave Report, containing the
required "urban services plan", which was prepared pursuant to
the Enclave Act. upon acceptance of the report, the City
Commission directed that the annexation process be initiated in a
manner consistent with the recommendations of the Report.
The subject property owners and adjacent property owners within
500' have been mailed letters of notification pursuant to the Act
and the requirements of Section 173.886 (B), "Rezoning Requests"
of the Delray Beach Zoning Code.
_6'<
ANALYSIS:
~
Enclave 3 is comprised of 55 parcels (13.36 acres) surrounded onl
three sides by properties Which are incorporated within the City
of Delray Beach and on the north by incorporated Boynton Beach.
Annexation of this property will not cause the creation of an
additional enclave(s).
Water service is available from Seacrest Boulevard (630 to the
West) to service the enclave. The Public Utilities Department
proposes that. sewer service be extended from Federal Highway
(U.S. *1) to service the enclave, as the enclave is separated
. from the lines to the west on Seacrest Boulevard by a substantial
ridge. The adjacent streets and Oceanview Avenue are paved to
city standards. Gulf Stream Drive, Decarie Street and Webb
Avenue within the enclave are not paved to City standards. The
streets are paved, but to substandard width and are not properly
surfaced, the roads being potholed, and extensively patched.
Puplic improvements are required to provide service to this
enclave. "The costs for providing a level of service "A" to the
enclave for these services as estimated in the Enclave Report are
listed below.
Water. . .. . . . . . . . . . . . . . . . $ 68,550
Sewer.................. .$156,200
Streets.................. 83,445
Sidewalks...............$ 31,500
Drainage............... .$176,840
TOTAL
$516,535
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Enclave 3 is divided into four distinct areas based upon the
existin9 use. and County zonings. Each of these areas is shown
on the attached map of proposed zoning and discussed separately
below.
AREA 1
Area 1 is comprised of three parcels (1.53 acres) east of Webb
Avenue and west of the Florida East Coast Railway which are
currently occupied by commercial/industrial uses. The specific
uses presently located in this portion of the enclave are:
1. North Building,
A. Bob's TV
B. Labor Force
C. Delray Fire Extinguisher Service
D. L '"S Realty
E. Desco Hydrulics Co. (Equipment Repair Service)
F. Shamko (Storage)
G. FOXY 1040 Radio Station
2. South Building,
A. All Coast Pools, Inc.
B. Star Minerals
C. Unlimited Security Screens
D. Del Swilley, Inc. .(General Contractor)
E. Atlas Party Rental
F. Aquatech Decorative Aquariums
This area is designated commercial on the City Land Use Plan and
L-M (Low to Medium Density Residential) on the County Land Use
Plan. The enclave report recommended an initial zonin9 of GC
(General Commercial) for this area. But upon closer scrutiny of
the uses in the enclave as a result of the preparation of this
report, staff recommends an initial zoning of MIC (Mixed
Industrial Commercial). The uses presently located in the
enclave are permitted in the MIC District, The City Code states
the purpose of the MIC as:
The MIC Zoning District has been created to provide
an area for a mix of industrial, commercial, and
office use. within a single zonin9 district. The
primary use of property zoned MIC is to be industrial
(manufacturing, wholesale, repair). Office and retail
uses are appropriate, but only when within a buildin9
which also includes industrial uses. The MIC Zoning
District should be located within areas designated for
the primary use - industrial - on the Land Use Plan,
and are most appropriate where they abut major roadways
and/or locations with high visability.
The County zoning is CG (General Commercial). The County zoning,
existing' uses, and proposed zonin9 are all compatible. The
County Land Use Plan designation is incompatible with the
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existing county zoning but this is not relevent given the
existing uses which have been permitted by the County.The City
Land Use Plan designation is not compatible with the proposed
zoning, th~efore either a land use plan amendment should be
processed or the incompatibility rectified in the ongoing
development of the Cities Comprehensive Plan. The City may
initiate and process a small scale land use plan amendment for
this area as it does not exceed the 3 acre maximum limit for
amendments involving nonresidential land uses as specified in
Chapter 163.3187. A small scale land use plan amendment does not
involve the standard 90 day State review.
AREA 2
Area 2 is comprised of two parcels ( 1. 2 acres) west of Webb
Avenue. There are currently 10 multifamily dwelling units on the
two parcels. This area is designated L-M/R (Low to Medium
Density Residential) on the County's land use plan and MF-H
(Multi-Family High Density) on the City's land use plan. The
County zoning for the parcels is RM (Residential Medium Density,
12 dwellings/acre) which is consistent with the proposed City .
zoning of RH( (Medium High to High Density Dwelling District) t"
which permits a base of 11 dwellings/acre with a cap of 15,
dwellings/acre. The City and County land use designations"
existing uses, existing zoning and proposed zoning are all 1
consistent. .
AREA 3
Area 3 is comprised of 30 parcels (6.47 acres), which are
occupied by 27 single family homes. This area is designated
L-M/R (Low to Medium Density Residential) on the County's land
use plan, and SF (Single Family) on the City's land use plan.
The existing County zoning is RS ( Single Family Residential
District, 5 dwellings/acre). The recommended City zoning is
R-1M (Single Family Dwelling District). The City and County
land use designations and proposed zonings are compatible
AREA 4
Area 4 is comprised of 20 parcels (4.16 acres) which are occupied
by_6 single family homes, a triplex, and 13 duplexes (26 units).
This area consists of those lots located west of Oceanview Avenue
and directly north of Decarie Street. This area is designated
L-M/R (Low to Medium Density Residential) on the County's land
use plan, and SF (Single Family) and MF-M (Multi-Family Moderate
Density) on the City'S land use plan. The existing County zoning
is RM (Residential Medium Density, 12 dwellings/acre). The
recommended City zoning is R-1A-C (Single Family Dwelling
District), which allows duplexes. This is compatible with the
existing duplex and single family uses of this portion of the
enclave.
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The City and County land use designations and proposed zonings
are compatible except for 5 parcels west of Oceanview Avenue
directly south of Gulf Stream Boulevard which are designated L-MR
on the County plan, zoned RM by the County and designated SF by
the City. "The County zoning in this case is inconsistent with
the existing single family uses. Given t~ese existing uses, the
issue of this inconsistency is moot, and the recommended City
zoning appropriate.
Section 173.888 sets forth seventeen standards for evaluating
rezoning requests for which the Planning and Zoning Board and the
City Commission shall make written findings indicating that the
proposed change has been studied and considered in relation to
said standards. These seventeen standards are attached to this
report.
The Planning and Zoning Department has reviewed the proposed
zoning with the seventeen standards. There are no apparent
conflicts between the standards and the proposed zoning of the
property.
For informational purposes, a copy of the Enclave Report summary'
sheet for this enclave is attached to this report.
RECOMMENDED FINDINGS: .
1. That the annexation of Enclave 3 will not create an
enclave(s).
2. That service will be provided to this property in a
manner similar to that for similarly situated properties
which are already in the City.
3. That the proposed zonings of R-lAA, R-lA-C (Single
Family Dwelling Districts), GC (General Commercial
District), RH (Medium High to High Density Dwelling
District) are consistent with the adjacent zoning and
complies (does not conflict) with all of the seventeen
standards for evaluating rezoning requests as found in
Section 173.888.
4. The proposed zoning is consistent (does not conflict)
with the existing County zoning of RS (Single Family
Residential District), CG (General Commercial District),
RM (Multiple Family Residential District, Medium
Density) or the existing uses [Single family (37),
Triplex (1), Duplex (13) Commercial(3), and Multifamily
(2)] of the properties.
5. The proposed residential zonings are consistent (do not
conflict) with the City'S land use plan designation of
SF (Single Family), MF-M (Multi-Family Moderate
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Density), MF-H (Multi-Family High Density), for the
property.
6. The proposed MIC zoning conflicts with the City's C
(~ommercial) Land Use designation, but the City will
amend the land use plan to reflect the current uses and
purpose of the MIC zoning.
ALTERNATIVE ACTIONS:
1. Continue with direction.
2. Recommend approval of the rezoning and annexation of
Enclave 3 and direct staff to prepare the noted
amendment to the Land Use Plan.
3. Recommend denial of the rezoning and annexation of
Enclave 3.
RECOMMENDATION:
By motion, recommend that the City Commission approve the.-
annexation of Enclave 3 with initial zonings of R-1AA, R-IA-C i
(Single Family DWelling Districts) , MIC (Mixed Industrial-
Commercial District) , and RH (Medium High to High Density i
Dwelling District) and direct staff to prepare the noted land use
plan amendment.
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ORDINANCE NO. 112-88
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, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED ON THE SOUTH SIDE OF GULFSTREAM
BOULEVARD. BETWEEN SEACREST BOULEVARD AND THE
FLORIDA EAST COAST 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 MIC (MIXED INDUSTRIAL AND COMMERCIAL)
DISTRICT. IN PART. RH (MEDIUM HIGH TO HIGH
DENSITY DWELLING) DISTRICT, IN PART, R-1AA
(SINGLE FAMILY DWELLING) DISTRICT, IN PART,
AND R-1A-C (SINGLE FAMILY/DUPLEX DWELLING)
DISTRICT. IN PART; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS. the Legislature of the State of Florida passed
the Delray Beach Enclave Act, Chapter 86-427, Laws of Florida,
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach; and,
WHEREAS, pursuant to the Delray Beach Enclave Act, the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act. with said referen-
dum held on November 4, 1986. in conjunction with a general
election for Palm Beach County, Florida; and,
WHEREAS, the referendum held on November 4, 1986, was
approved by a single majority vote of said qualified. electors;
and,
WHEREAS, the City of De1rayBeach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act. which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; and,
WHEREAS, the City of
authorized to annex lands in
Enclave Act,
Delray Beach has heretofore
accordance with the Delray
been
Beach
NOW, THEREFORE. BE IT . ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH. FLORIDA, AS FOLLOWS:
Seotion 1. That the City Commission of the
Delray Beach, Palm Beach County, Florida, hereby annexes
City the following described land located in Palm Beach
Florida, which lies contiguous to said City to-wit:
City of
to said
County,
PARCEL "A"
That part of the South 20 feet on the North
three-quarters (3/4) of the North Half of the
Northeast Quarter of the Southwest Quarter
lYing West of the Florida East Coast Railroad
right-of-way and East of S.E. 4th Street,
lying within Section 4. Township 46 South,
Range 43 East; together with,
II
Lots 15 through 17. inclusive. DECARIE
SUBDIVISION. according to the Plat thereof
recorded in Plat Book 24. Page 102, Public
Records of Palm Beach County, Florida (lying
within Section 4, Township 46 South. Range 43
East); together with.
Lots 1 through 18. inclusive, Block E, REPLAT
OF GULF STREAM ESTATES. according to the Plat
thereof recorded in Plat Book 23. Page 46,
Public Records of Palm Beach County, Florida
(lying within Section 4. Township 46 South,
Range 43 East, Palm Beach County, Florida).
Containing 1.53 acres. more or less.
PARCEL "B"
Lots 1 through 10, inclusive, Block C, REPLAT
OF GULF STREAM ESTATES. according to the Plat
thereof recorded in Plat Book 23, Page 46.
Public Records of Palm Beach County, Florida
(lying within Section 4. Township 46 South.
Range 43 East); together with,
Lots 1 through 6, inclusive. Block D. REPLAT
OF GULF STREAM ESTATES. according to the Plat
thereof recorded in Plat Book 23. Page 46,
Public Records of Palm Beach County. Florida
(lying within Section 4. Township 46 South.
Range 43 East, Palm Beach County. Florida).
Containing 1.2 acres. more or less.
_J
PARCIU. "C"
Lots 1 through 18. inclusive. Block A, REPLAT
OF GULF STREAM ESTATES. according to the Plat
thereof recorded in Plat Book 23, Page 46.
Public Records of Palm Beach County, Florida
(lYing within Section 4, Township 46 South.
Range 43 East); together with,
Lots 2 through 9. inclusive. Block B. REPLAT
OF GULF STREAM ESTATES. according to the Plat
thereof recorded in Plat Book 23, Page 46.
Public Records of Palm Beach County. Florida
(lying within Section 4. Township 46 South,
Range 43 East); together with.
The South 70 feet of Lot 1, Block 5, GULF
3TREAM ESTATES. according to the Plat thereof
recorded in Plat Book 12. Page 28. Public
Records of Palm Beach County. Florida (lying
within Section 4, Township 46 South, Range 43
East); together with.
The North 80 feet of Lot 1. Block 5. GULF
STREAM ESTATES. according to the Plat thereof
recorded in Plat Book 12. Page 28, Public
Records of Palm Beach County. Florida (lying
within Section 4. Township 46 South. Range 43
East. Palm Beach County. Florida).
- 2 -
Ord. No. 112-88
Containing 6.47 acres. more or less.
PARCEL "D"
The West 125 feet of the South Quarter of the
North Half of the Northeast Quarter of the
Southwest Quarter (less the North 92 feet
thereof), lYing within Section 4. Township 46
South, Range 43 East; together with.
The North 92 feet of the
South Quarter of the
Northeast Quarter of the
OR 1093, PG 351, lYing
Township 46 South. Range
with.
West 125 feet of the
North Half of the
Southwest Quarter in
within Section 4.
43 East; together
Lots 1 through 14. inclusive. DECARIE SUBDI-
VISION, according to the Plat thereof record-
ed in Plat Book 24. Page 102. Public Records
of Palm Beach County, Florida (lying within
Section 4, Township 46 South. Range 43 East);
together with.
Lot 1 and that part of Block 1 lying Norther-
ly of and adjacent to Lot 1 (less the North
25 feet thereof). Block 1, GULF STREAM
ESTATES, according to the Plat thereof
recorded in Plat Book 12. Page 28. Public
Records of Palm Beach County, Florida (lying
within Section 4. Township 46 South, Range 43
East); together with.
Lots 2, 3. and the North 35 feet of Lot 4,
Block 1, GULF STREAM ESTATES. according to
the Plat thereof recorded in Plat Book 12.
Page 28, Public Records of Palm Beach County,
Florida (lying within Section 4, Township 46
South, Range 43 East); together with.
The South 15 feet of Lot 4, all of Lot 5, and
the North 15 feet of Lot 6. Block 1, GULF
STREAM ESTATES, according to the Plat thereof
recorded in Plat Book 12. Page 28. Public
Records of Palm Beach County. Florida (lying
within Section 4, Township 46 South, Range 43
East); together with,
The South 35 feet of Lot 6 and the North 25
feet of the unnumbered lot lying Southerly of
and adjacent to Lot 6, Block 1, GULF STREAM
ESTATES, according to the Plat thereof
recorded in Plat Book 12, Page 28, Public
Records of Palm Beach County, Florida (lying
within Section 4, Township 46 South, Range 43
East); together with,
The South 70 feet of the unnumbered lot lying
Southerly of and adjacent to Lot 6. Block 1,
GULF STREAM ESTATES, according to the Plat
thereof recorded in Plat Book 12. Page 28.
Public Records of Palm Beach County, Florida
(lying within Section 4, Township 46 South,
Range 43 East. Palm Beach County, Florida).
- 3 -
Ord. No. 112-88
Containing 4.16 acres, more or less.
The subject property is located on the south
side of Gulfstream Boulevard, between
Seacrest Boulevard and the Florida East Coast
Railroad.
The above described parcels contain a 13.36
acre parcel of land. more or less.
Section 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tracts of land and said lands are hereby declared
to be within the corporate limits of the City of De1ray 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 tracts of land hereinabove described as
Parcel "A" are hereby declared to be in Zoning District MIC
(Mixed Industrial and Commercial) as defined by existing ordi-
nances of the City of Delray Beach. Florida.
Section 4. That Section 113.886 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tracts of land hereinabove described as
Parcel "B" are hereby declared to be in Zoning District RH
(Medium High to High Density Dwelling) as defined by existing
ordinances of the City of Delray Beach, Florida.
Section 5. That Section 173.886 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tracts of land hereinabove described as
Parcel "C" are hereby declared to be in Zoning District R-1AA
(Single Family Dwelling) as defined by existing ordinances of the
City of De1ray Beach, Florida.
Section 6. That Section 113.886 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tracts of land hereinabove described as
Parcel "D" are hereby declared to be in Zoning District R-1A-C
(Single Family/Duplex Dwelling) as defined by existing ordinances
of the City of Delray Beach. Florida.
Section 1. That the land hereinabove described shall
immediately become subject to all of the franchises, priVileges,
immunities, debts. obligations. liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
Section 8. 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 9. That all ordinances or parts of ordinances
in conflict herewith be. and the same are hereby repealed.
- 4 -
Ord. No. 112-88
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Section 10. 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 11. 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
- 5 -
Ord, No. 112-88
PLANNING' B ZONING
CITY OF DELRAY
BOARD
BEACH
STAFF REPORT
MEETING DATE:
August 22, 1988
AGENDA ITEM:
II.C. & II.D.
ITEM:
Consideration of Annexation and City Zoning for Enclaves 22, and 23.
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GENERAL
attachment
DATA:
Location ................Immediately south of Lake Ida Road
between Roosevelt Ave. and Northwest
8th Ave.
Description .............See attachment
Enclave Size ........... 1.88 acres (22), 3.61 acres (23)
5.49 Total
Jurisdiction ............Palm Beach County
County Land Use Plan ....L-M (Low to Medium Density Residenti
3-8 dwellings/acre)
City Land Use Plan ......MF-L (Multi-Family Low Density)
County Zoning ...........RM (Multiple Family' Residential
District, Medium Density, 12 units/,
Proposed City Zoning ....Enclave 22:
Enclave 23:
R-1A (Single Family
Dwelling District)
R-1A (Single Family
Dwelling District)
.6 duplexes, 12 units t,
8 duplexes, 16 units,
Vacant (3)
Current Use .............Enclave 22:
Enclave 23:
Water Service .......... . Existing 20" line on south side of
Ida Road, 4" lines on N.W. 10th and
Avenues to the south, and 6" lines '
N.W. 3rd Terrace to the south
Sewer Service ...........Existing force mains on the north s
of Lake Ida Road, and a line on N.W
Avenue
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Number of parcels:
Total Acreaqe:
1
1.88
ENCLAVE ~
Assessed Value: $1S1.831
Estimated population: 30
GENERAL CHARACTER LEVEL or SERVICE SUMMARY
Enclava 22 condeu of six duplexes Fire , EMS . . . . . . . . . . D
(12 unite) on ona parcel. Police . . . . . . . . . . . . . . A
Water . . . . . . . . . . . . . . . c
Sewer . . . . . . . . . . . . . . . C
Access . . . . . . . . . . . . . . A/F
Code Enforcement . . . . C
CUMULATIVE . . . . . . . . . . C
,
LAND USE EV1.LUATION FINANCI1.L EV1.LUATIOM
Proposed Zoninq . . . . . . . . . . R-1A REVENUES:
Property Tax: $ 790
Plan Zoninq and Per Capita . 5.211
.
Use are Consistent . . . . . . . . No
TOT1.L : $6.001
Zoninq and City Plan
are Consistent, Use Yes
Becomes Nonconform1n9 . . . . . EXPBNDITURBS I
Operatin9 . $5.340
.
Use ia Accommodated Additional
Throu9h a Zone Which ia Operatin9 .
.
Inconsistent with the Total Operatin9: $5.340
City Plan . . . . . . . . . . . . . . . . . No
Capital: . -0-
Number of Enactio9 Orc1. . . . 1
COMMEN'r I cOMMBN'r I
..
No apparant proble~ j, ~.
.
Water and eewer to be provided at time of redevelopment.
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Number of Parcels:
Total Acreaqe:
7
3.45
ENCLAVE -lL
Assessed Value: $180.454
Estimated population: 18
GENERAL CHARACTER LEVEL OF SERVICE SUMMARY
Enclave 23 consists of 8 duplexes (16 Fire & EMS . . . . . . . . . . D
unlts) aud 3 vacant parcels. Police ............. . A
Water . . . . . . . . . . . . . . . C
Sewer . . . . . . . . . . . . . . . C
Access . . . . . . . . . . . . . . B&F
Code Enforcement . . . . A
CUMULATIVE . . . . . . . . . . c
LAND USE EVALUATION FINANCIAL EVALUATION
Proposed Zoninq . . . . . . . . . . R-1A REVENUES:
Property Tax: $ 938
Plan Zoninq and Per Capita . 3,127
.
Use are Consistent ........ No
TOTAL : $4.065
Zoninq and City Plan
are Consistent, Use
Becomes Nonconforminq .... . Yes EXPENDITURES t
Operatinq . $ 3.204
.
Use is Accommodated Additional
Throuqh a Zone Which is Operatinq .
.
Inconsistent with the Total Operatinq:$ 3,204
City Plan ................. No
Capital: -0-
Number of Enactinq Ord. . . . 1
COMMENT: COMMENT:
"
No apparent problems
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Water and sewer to be provided at time of redevelopment.
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ITEM BEFORE THE BOARD:
The action before the Board is consideration of annexation and
Ci ty zoning of Enclaves 22 and 23 (as described in the "Enclave
Report, Implementation of the Delray Beach Enclave Act"). Action
on this item is pursuant to the Delray Beach Enclave Act (Chapter
86-427, Laws of Florida).
BACKGROUND:
The City Commission approved the Enclave Report, containing the
required "urban services plan", which was prepared pursuant to
the Enclave Act. Upon acceptance of the report, the City
Commission directed that the annexation process be initiated in a
manner consistent with the recommendations of the Report.
The sUbject property owners and adjacent property owners within
500' have been mailed letters of notification pursuant to the Act
and the requirements of Section 173.886 (B), "Rezoning Requests"
of the Delray Beach Zoning Code.
ANALYSIS:
Enclaves 22, and 23 are divided by a thin strip of incorporated
undeveloped land and are both being recommended for R-1A zoning,
so the enclaves are evaluated concurrently in this staff report.
The Enclaves are comprised of 8 parcels which are surrounded on
all sides by properties which are incorporated within the City of
Delray Beach. Enclave 22 contains .6 duplexes (12 units), and
Enclave 23 contains S duplexes (16 units) and 3 vacant parcels.
Annexation of this property will not cause the creation of an
additional enclave(s).
Water and sewer service are available from Lake Ida Road, N. W.
10th and Sth Avenues, and N.W. 3rd Terrace (water only) to
service the enclave. The sewer lines in Lake Ida Road are all
force mains which require lift stations for the connection of
gravi ty sewer. Therefore,. sewer service will probably be
extended northward from the existing lines on N.W. 10th and 8th
Avenues.
LaKe Ida Road adjacent to the enclave is paved to city standards,
but not the balance of the abutting streets which are in the
City, nor the existing streets within the enclave which are sand
or rock.
Public improvements (water, sewer, and street paving) are
therefore required to provide service to this enclave. The
Enclave Report indicates that the provision of service to
Enclaves 22 & 23 will result from redevelopment. The area is
however serviced in a manner similar to similarly situated
incorporated areas of the City.
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The City has discussed the option of providing capital
improvements in this area, including a road extension north to
Lake Ida Road, and ball fields adjacent to Lake Ida Road. The
road improvement would most likely involve the extension of N.W.
10th Avenue between Enclaves 22 and 23, which would improve
access to Spady Elementary School and Pompey Park.
The recommended zoning of R-1A (Single Family Dwelling District,
is compatible with the existing R-1A (Single Family Dwelling
District), and SAD (Special Activities District, Isles of Delray)
of the surrounding area; and the City's land use plan designation
of MF-L (Multi-Family Low Density). The existing County zoning
of RM (Multiple Family Residential District, Medium Density, 12
units/acre), is inconsistent with the County land use plan
designation of L-M (Low to Medium Density Residential, 3-8
dwellings/acre), therefore, the incompatibility of the
recommended R-1A zoning with the County RM zoning is not relevant
to this analysis.
The proposed zoning is consistent with the County land use plan
designation. However, the R-1A zoning causes the existing
duplexes to become nonconforming uses, subject to Section 173.825
of the City Code. The housing in these enclaves for the most
part is considered to be below standard minimum housing
requirements. The majority of the structures are in need of
repairs and the grounds unkempt. The nonconforming status
therefore will limit the further expansion of the existing
structures, and encourage redevelopment.
The level of service for code enforcement in enclave 22 was
evaluated as "c" and for Enclave 23 as "A" in the Enclave Report.
Enclave 23 appears to be in better shape aesthetically and
structurally than does enclave 22/ however both enclaves will
require special code enforcement attention upon annexation. Some
of this attention will be focused on abandoned automobiles and
trash.
Law enforcement was reported at a level of service "A" in the
Enclave Report based on the ability of the present manpower and
police zones to service these enclaves without considerable
impact on the ability to provide continued uneffected service to
th~ incorporated areas in the same zone. However, it should be
noted that initial law enforcement targeting may occur in
Enclaves 22 and 23 upon annexation.
Section 173.888 sets forth seventeen standards .for evaluating
rezoning requests for which the Planning and Zoning Board and the
City Commission shall make written findings indicating that the
proposed change has been studied and considered in relation. to
said standards. These seventeen standards are attached to this
report.
The Planning and Zoning Department has reviewed the proposed
zoning with the seventeen standards. There are no apparent
;..
-
conflicts between the standards and the proposed zoning within
the enclaves.
For informational purposes, a copy of the Enclave Report summary
sheet for each of the enclaves is attached to this report.
RECOMMENDED FINDINGS:
1. That the annexation of Enclaves 22, and 23 will not
create an enclave(s).
2. That service will be provided to this property in a
manner similar to that for similarly situated properties
which are already in the City.
3. That the'proposed zoning of R-1A (Single Family Dwelling
District), is compatible with the adjacent zoning and
complies (does not conflict) with all of the seventeen
standards for evaluating rezoning requests as found in
Section 173.888.
4. The proposed zoning is incompatible (conflicts)
with the existing County zoning of RM (Multiple Family
Residential District) but is compatible with the County
Land Use Plan designation of L-M and the density of the
existing uses (duplexes and vacant) of the property.
5. The proposed zoning is consistent (does not conflict)
with the City's land use plan designation of MF-L
(Multi-Family Low Density) for the property.
ALTERNATIVE ACTIONS:
1. Continue with direction.
2. Recommend approval of the rezoning and annexation of
Enclaves 22, and 23.
3. Recommend denial of the rezoning and annexation of
Enclaves 22, and 23.
RECOMMENDATION:
By motion, recommend that the City Commission approve the
annexation of Enclaves 22, and 23 with an initial zoning of R-1A
(Single Family Dwelling District).
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SEWER LINES
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ORDINANCE NO. 113-88
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO
THE CITY OF DEL RAY BEACH A PARCEL OF LAND
LYING AND BEING IN SECTION 8. TOWNSHIP 46
SOUTH. RANGE 43 EAST. PALM BEACH COUNTY.
FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED ON THE SOUTH SIDE OF LAKE IDA ROAD.
BETWEEN ROOSEVELT AVENUE AND N.W. 8TH AVENUE;
REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; PROVIDING FOR
THE ZONING THEREOF TO R-1A (SINGLE FAMILY
DWELLING) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS. the Legislature of the State of Florida passed
the Delray Beach Enclave Act. Chapter 86-427. Laws of Florida.
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach; and.
WHEREAS. pursuant to the Delray Beach Enclave Act. the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act. with said referen-
dum held on November 4. 1986. in conjunction with a general
election for Palm Beach County. Florida; and.
WHEREAS. the referendum held on November 4. 1986. was
approved by a single majority vote of said qualified electors;
and.
WHEREAS. the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act. which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; and,
WHEREAS. the City of
authorized to annex lands in
Enclave Act.
Delray Beach has heretofore been
accordance with the Delray Beach
j
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS:
Section 1. That the City Commission of the
Delray Beach. Palm Beach County. Florida. hereby annexes
City the following described land located in Palm Beach
Florida. which lies contiguous to said City to-wit:
City of
to said
County.
The South 150 feet of the West Half of
(less the South 20 feet. the West 20
and the East 20 feet thereof). lying
Section 8. Township 46 South, Range 43
Palm Beach County. Florida.
Lot 19
feet.
within
East.
The subject property is located on the south
side of Lake Ida Road. between Roosevelt
Avenue and N.W. 8th Avenue.
The above described parcel contains a 1.88
acre parcel of land. more or less.
/~
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SA~tlon 2. That the boundaries of the City of Delray
Beach, Florida. are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach,
Florida.
Section 3. That Section 173.886 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District R-1A (Single Family
Dwelling) as defined by eXisting ordinances of the City of Delray
Beach. Florida.
Section 4. That the land hereinabove described shall
immediately become subject to all of the franchises. privileges.
immunities. debts. obligations. liabilities. ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
Section 5. That this annexation of the subject proper-
ty. including adjacent roads. alleys. or the like, if any. shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads. alleys. or the like. unless otherwise
speCifically initiated by the City pursuant to current require-
ments and conditions.
Section 6. That all ordinances or parts of ordinances
in conflict herewith be. and the same are hereby repealed.
Section 7. That should any section or provision of
this ordinance or any portion thereof. any paragraph. sentence.
or word be declared by a Court of competent jurisdiction to be
invalid. such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 8. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
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. 113-88
ORDINANCE NO. 114-88
. 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 8. TOWNSHIP 46
SOUTH. RANGE 43 EAST. PALM BEACH COUNTY,
FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED ON THE SOUTH SIDE OF LAKE IDA ROAD.
BETWEEN ROOSEVELT AVENUE AND N.W. 8TH AVENUE;
REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; PROVIDING FOR
THE ZONING THEREOF TO R-1A (SINGLE FAMILY
DWELLING) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING 'CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS. the Legislature of the State of Florida passed
the Delray Beach Enclave Act. Chapter 86-427. Laws of Florida.
providing for the annexation of enclaves within the general
boundaries of the City of De1ray Beach; and.
WHEREAS. pursuant to the Delray Beach Enclave Act. the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act. with said referen-
dum held on November 4. 1986. in conjunction with a general
election for Palm Beach County. Florida; and.
WHEREAS. the referendum held on November 4. 1986. was
approved by a single majority vote of said qualified electors;
and.
WHEREAS. the City of De1ray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the De1ray Beach Enclave Act. which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; and.
WHEREAS. the City of
authorized to annex lands in
Enclave Act.
Delray Beach has heretofore
accordance with the De1ray
been
Beach
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION
OF T~E CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS:
Section 1. That the City Commission of the City of
Delray Beach. Palm Beach County. Florida. hereby annexes to said
City the following described land located in Palm Beach County.
Florida. which lies contiguous to said City to-wit:
The South Half of the West Half of the East
Half of Lot 19 (less the West 50 feet of the
South 150 feet. and the East 75 feet). lying
within Section 8, Township 46 South. Range 43
East; together with.
The East 75 feet of the South Half of the
West Half of the East Half of Lot 19, lying
within Section 8. Township 46 South. Range 43
East; together with,
/3
The West 50 feet of the South 150 feet of the
South Half of the West Quarter of the East
Half of Lot 19, lying within Section 8,
Township 46 South. Range 43 East; together
with,
The North 50 feet of the South 75 feet of the
West 140 feet of the Southwest Quarter of the
East Quarter of Lot 19. lying within Section
8, Township 46 South, Range 43 East; together
with.
The North 110 feet of the West 165 feet of
the Southwest Quarter of the East Quarter of
Lot 1~. lYing within Section 8. Township 46
South. Range 43 East; together with,
The South 75 feet of the Southwest Quarter of
the East Quarter of Lot 19 (less the North 50
feet of the South 75 feet of the West 140
feet), lying within Section 8. Township 46
South, Range 43 East: together with.
The North 100 feet of the South 175 feet of
the West 165 feet of the East Quarter of Lot
19. lying within Section 8, Township 46
South. Range 43 East. Palm Beach County,
Florida.
The subject property is located on the south
side of Lake Ida Road. between Roosevelt
Avenue and N,W. 8th Avenue.
The above described parcel contains a 3.61
acre parcel of land. more or less.
Section 2 That the boundaries of the City of Delray
Beach. Florida, are hereby redefined to include therein the
above-described tracts of land and said lands are hereby declared
to be within the corporate limits of the City of Delray Beach,
Florida.
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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 tracts of land hereinabove described are
hereby declared to be in Zoning District R-1A (Single Family
Dwelling) as defined by existing ordinances of the City of Delray
Beach. Florida.
Section 4. That the land hereinabove described shall
immediately become subject to all of the franchises. privileges,
immunities, debts, obligations. liabilities. ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
Section 5. That this annexation of the subject proper-
ty. including adjacent roads, alleys. or the like, if any. shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys. or the like. unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
- 2 -
Ord. No. 114-88
Section 6. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 7. That should any section or provision of
this ordinance or any portion thereof. any paragraph. sentence.
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 8. That this ordinance shall become effective
immediately upon passage on second and final reading,
PASSED AND ADOPTED in
final reading on this the
regular session
day of
on second and
. 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 3 -
Ord. No. 114-88
PLANNI~G 8
CITY OF DELRAY
ZONING BOARD
BEACH
--- STAFF REPORT ---
H:ETING [)=ITE: August 22. 1988
~ ITEM: II.E.
I11Et4: Consideration of Annexation and City Zonina for Enclav. 14
.....-.~
GENERAL DATA:
OWner. ..................See att -~
t
Location ................ I....siately ~ of' Dizie 1IWy.. and
north of Li____.. on both aides of
S.W. 4th Av_
oesCriptiOD ............ . See attachment
Enclav. Size ............35.11 acres
Jurisdiction ............ Palm Beach "'-.-'T
COunty Land Use Plan ... .M-M/B (MedilllS t:o-- "f_ B19h Density
Residential. &-1:6:mo.lliD9 units per
acre)
City Land Use Plan ......SF (Sinqle F~.). 0 (Office), I
(Industrial).. e P'" .-.:1&1)
COunty 2'_f"9 ...........0 (Multiple r .~~ ~<Seatia1
District. ~ - ".1. XL (Light
Industrial ~
PropOsed City Zcming ....R-1A (Single F.....:Ul. JlIlelling District),
LI (Light I"""""""" District), GC
(General CaBerCial. DDtrict) l' ~/h t (l
CUrrent Use .......... ...Single family tn.. vacant (13),
industrial (8)
Water service ...... ._.. .Existing 6" lila ca S.W. 4th Avenue and
8" line on L1nc.a ~
Sewer service ........... Existing lin.. CD S... 4th and SWinton
Boulevard
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11187 ENClAVE ACT STUDY
MAP: I
.........
.
.-
,
.........
.,
....-
-
. ......
DELRAY
~ MALL
. ,......
I Bit 30 PG.1841
a......... P\.&T
.. II, ....,
P"... S
-I
. - R-1A nm -
~~~~.=:Bl~Slrj ,
co...... _IFL
18-
ItG.8TRIFL
~I
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q
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~
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'".
~. ., ._."...- --
~-
'--'",~-" --.
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N\IJIbelt of ....18.
Total Ac~.
23
35.11
f)
EHCLAVZ .-a...
"'.e.H4 value: -'6.751.332
Eat1laateeS pOpW.anon: 6
GDIDAL CDUC'rD LEVIL or sDVICB SUMlWlY
Enclave 34 lies eaat and weat of S.W.4th r1l:e , _ . . . . . . . . . . C"
Avenue. The eaat ia characterized as 1011c:e . . . . . . . . . . . . . . A
industrial (15.44 acres) and commercial Water . . . . . . . . . . . . . . . D
(11.98 acre.). Weat of S.W. 4th Avenue 5ewelt . . . . . . . . . ." . . . . . D
is largaly vacant with a few single Acce.. .............. IU.
family re.id.nc.a on 7.69 acres. c:ocs. BDfOltCIRllllt . . . . C
CUIIlJLNIlV1I ........... C
LMD un WALU~'tIOH rDWIClAL BYALUA'tIOII
ftOPO.. IoIllll9 .. GC, LI, R-IA uv.IUU.
ftOJlny 'fax. $a5,107
~1aD ~'''' Uld 1'U c:aplta . 1.042
U.. u. c:c..lltent ......... y-
. 'l'OTAL. $36.149
ZOIUIl9 ancl City ~lan
u. Conal~_t. U..
. IeC:CIMI IIoftGOnfomin9 ..... No BDENDl-ruaa.
. Operat1D9 : $46.233
U.. il Ace ~d&tecl Additional .
'rhJ:QUCJb a zone Which i. Operadll9 :
Inconalltut with the Total OperaUn91 '46.233
City.laa ................. No
Capital: $197.000
Numbelt of Bnac:tin9 Ore!. . . . 1 DEVELOPMENT
CQlllD'ra COMMENT :
No a"..at ,~obl_
.
cy.
,
.
tha _~OV_IlC con ill thu se<<iOll will b. ch. r.sJlO1WiblliCy of che
d...lopa~s, .0 th. City v1l1 l~ur little of th... impro....llt coaCa.
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ITEM BBFOU THB BOARD:
The action))ltfore the Board is consideration of annexation and
City zonin9c,of bclave 34 (as described in the "Enclave Report,
Implementation of the Delray Beach Enclave Act"). Action on this
item is pursuant to the Delray Beach Enclave Act (Chapter 86-427,
Laws of Florida).
BACKGROUND:
The City Commission approved the Enclave Report, containing the
required "urban services plan", which was prepared pursuant to
the Enclave Act. Upon acceptance of the report, the City
Commission directed that the annexation process be initiated in a
manner consistent with the recommendations of the Report.
The subject property owners and adjacent property owners within
500' have been mailed letters of notification pursuant to the Act
and the requirements of Section 173.886 (B), "Rezoning Requests"
of the Delray Beach Zoning Code.
ANALYSIS:
,
Enclave 34 is comprised of 23 parcels surrounded on all sides by
properties which are incorporated within the City of Delray
Beach. Annexation of this property will not cause the creation
of an additional enclave(s).
The users within the industrial portion of the enclave are:
1. Security Self Storage
2. Ziebart Auto Treatments
3. County Sanitation
4. Tarmac Industries (Concrete Products)
5. An office/industrial building with associated storage
yard (new cars, and new screen porch frames).
LEVELS AND AVAILABILITY OF SERVICES:
The Enclave Report presented level of service rankings for each
of the enclave. as well as an estimated cost for the provision of
services where an inability to serve existed or service was not
available at an appropriate level. The level of service
information is presented below, along with an explanation of all
except Police services which are rated as "A".
Fire & EMS ............... C & B
Police ................... A
Water.................... D
Sewer .................... D
Access ................... E & A
Code Enforcement ......... C
Cumulative .................... C
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Fire and EMS services are rated at C & B because of the lack of
water servlc. and fire hydrants in the interior of that portion
of the enclave. east of S.W. 4th Avenue. Access to the interior
portion of tbeenclave may be hampered due to a lack of a paved
street. The response times to the enclave are excellent, given
the location of Fire Station No. 3 to the west of the enclave on
Linton Boulevard.
Water and sewer service were both given a level of service
"D" because of the inal:lility to service the majority of the lots.
Water and sewer service are availal:lle from S.W. 4th Avenue and
Linton Boulevard to service the enclave. There are no current
water or sewer users within the enclave. Sewer improvements,
costing approximately $197,000 are required to provide service to
all of the lots within the enclave. Water service to the
unserved areas of the enclave will likely be installed by the
developer upon redevelopment.
The dual level of service ranking of E & A for access results
from the fact that the majority of the enclave can be serviced
from Linton Boulevard and S.W. 4th Avenue, but the interior lot.
do not have dedicated access to either street. There i..
presently no need 'for streets within the enclave. . The numerou.-
curb cuts serving the lots east of S.W. 4th Ave. are no.
desiral:lle from a traffic flow and safety perspective.
Aggregation of these properties for future redevelopment should
ameliorate this situation. The industrial parcels in the
interior of the eastern portion of the enclave do not presently
have dedicated and paved access. Upon redevelopment of these
properties, provision of adequate access will be the
responsibility of the developer/owner.
eode enforcement was assigned a level of service ranking of C due
to the underdeveloped nature of both the industrial area east of
s.w. 4th Avenue and the western portion of the enclave., and the
existence of a few vacant boarded up single family residences
west of S.W. 4th Avenue. Underdeveloped areas and vacant homes
in underdeveloped areas generally require more code enforcement
attention than do developed areas.
LAND USE DESIGNATIONS, ZONINGS, AND LAND USES:
There were four proposed zonings recommended in the. Enclave
Report for Enclave 34. However, upon further exalliination of the
enclave it is felt that the area which is designated on the
City's Land Use Plan as 0 (Office) should be initially zoned R-1A
rather than POC (Planned Office Center) as originally proposed.
The recommended zonings are evaluated and illustrated in the
table below.
The recommended LI (Light Industrial) and GC (General commercial)
zonings are incompatible with the County Land Use Plan
designation but are compatible with the existing uses of the
properties. Therefore the inconsistency of the proposed zoning
with the County land use plan is moot.
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The existin9 Security Self Storage facility which occupies 11.98
acres of 14114 c!es19D4ted as C (Ccmmercial) and recommended for GC
zoning ia na~aa allowable use in any zoning district of the City
Code today.~. Therefore, this use will be a legal nonconforming
use upon annexation. This distinction will not affect the
continued use of the property for self storage purposes as the
facility is built-out and no room exists for further expansion.
The future use of this parcel will be subject to Section 173.825
which governs nonconformin9 lots, uses and structures.
The reccmmended R-lA zoning is not compatible with the County
zoning or the City Land Use Plan designation of Office. The R-1A
District application in the area designated Office by the City
land Use Plan will serve as a holding zone, encouraging the
aggregation of these parcels for future development consistent
with the Office land use plan designation.
Recanmended City County County Existin9 Acres
Zoning LOP LOP Zoning Use
R-1A SF M-MH/R RH Vacant 1.11
R-1A 0 M-MH/R RH Vacant 10 5.64
SF 2 .94
LI I M-MH/R IL I 15.44
GC C M-MH/R IL Self 11. 98
Storage
R-1A (Single Family Dwelling District)
LI (Light Industrial District)
GC (General Commercial District)
IL (Light Industrial District)
RH (Multiple Family Residential District, High Density)
M-MH (Medium to Medium High Density Residential, 8-16
dwelling units per acre)
SF (Sin91e Family)
o (Office)
I ( Industrial)
C (Col'III\ercial).
Each of the proposed zonin9s is compatible with the adjacent
zonings wi thin the enclave as well as those adj acent to the
enclave. Compatibility occurs either through physical separation
such as roads, walls, or by virtue of preexisting uses.
Section 173.888 sets forth seventeen standards for evaluatin9
rezoning requests for which the Plannin9 and Zoning Board and the
City Commission shall make written findings indicating that the
proposed Change has been studied and considered in relation to
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said standards. These seventeen standards are attached to this
report.
The Planning and Zoning Department has reviewed the proposed
zoning against the seventeen standards of Sec. 173.888. There
are no apparent conflicts between the standards and the proposed
zoning of the property.
For informational purposes, a copy of the Enclave Report summary
sheet for this enclave is attached to this report.
RECOMMENDED FINDINGS:
1. That the annexation of Enclave 34 will not create an
enclavels).
2. That service will be provided to this property in a
manner similar to that for similarly situated properties
which are already in the City.
3. That the proposed zonings of R-1A(Single Family
Dwelling District), LI (Light Industrial District), GC
(General Commercial District) are compatible with the
adjacent zonings and complies (does not conflict) with
all of the seventeen standards for evaluating rezoning
requests as found in Section 173.888.
4. The proposed zonings are compatible (do not c9nflict)
with the existing County zoning of RH (Multiple Family
Residential District, High Density), and IL (Light
Indus~rial District), or the existing use [Single family
(2), vacant (13), industrial (8)] of the properties.
The proposed zonings are compatible by virtue of the
incompatibility of the existing uses and County zoning
with the County Land Use Plan designation, and the
compatibility of the proposed zonings with the existing
uses.
1. Continue with direction.
2. Recommend approval of the rezoning and annexation of
Enclave 34.
3.. Recommend denial of the rezoning and annexation of
Enclave 34.
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RECOMMENDATION:
By motion. recommend that the City Commission approve the
annexation at Enclave 34 with an initial zoning of R-1A (Single
Family Dwellin9 District), LI. (Light Industrial District), GC
(General Commercial District).
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ORDINANCE NO: 115-88
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 20, TOWNSHIP 46
SOUTH, RANGE 43 EAST. PALM BEACH COUNTY,
FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED IMMEDIATELY WEST OF DIXIE HIGHWAY.
AND NORTH OF LINTON BOULEVARD, ON BOTH SIDES
OF S.W. 4TH AVENUE; REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND; PROVIDING
FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO R-1A
(SINGLE FAMILY DWELLING) DISTRICT. IN PART,
RM-l0 (MULTIPLE FAMILY DWELLING) DISTRICT. IN
PART, LI (LIGHT INDUSTRIAL) DISTRICT. IN
PART. AND GC (GENERAL COMMERCIAL) DISTRICT.
IN PART; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida passed
the Delray Beach Enclave Act, Chapter 86-427, Laws of Florida,
prOViding for the annexation of enclaves within the general
boundaries of the City of Delray Beach; and,
WHEREAS, pursuant to the Delray Beach Enclave Act, the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act, with said referen-
dum held on November 4, 1986. in conjunction with a general
election for Palm Beach County, Florida; and,
j
WHEREAS, the referendum held on November 4, 1986, was
approved by a single majority vote of said qualified electors;
and.
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WHEREAS, the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act, which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; and,
J
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with the Delray Beach
Enclave Act,
J
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
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Sp.ction 1 _ That the City Commission of the City of
De1ray Beach, Palm Beach County, Florida, hereby annexes to said
City the following described land located in Palm Beach County,
Florida. which lies contiguous to said City to-wit:
PARCRL "A"
Lots 1 through 6, inclusive, Block 14,
SOUTHRIDGE SUBDIVISION, according to the Plat
thereof recorded in Plat Book 13, Pages 38
and 39, Public Records of Palm Beach County,
Florida (lying within Section 20. Township 46
South, Range 43 East); together with,
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The West 22.25 feet of the North 301 feet of
the Southeast Quarter of Lot 8 (less the
South 53 feet road right-of-way as in Offi-
cial Record Book 4659, Page 1630), lying
within Section 20. Township 46 South, Range
43 East; together with.
The West 22.25 feet of the North 301 feet of
the Southeast Quarter of Lot 8 (less the
South 53 feet road right-of-way) and the West
43.04 feet of the East 359.54 feet of the
North 29.33 feet of the South 53 feet of the
Southeast Quarter of Lot. lying within
Section 20. Township 46 South, Range 43 East;
together with.
The South three (3) acres of the Northeast
Quarter of Lot 8 (less the East 25 feet of
road right-of-way). lying within Section 20.
Township 46 South. Range 43 East; together
with.
The East 139 feet of the West 821 feet of the
North 63 feet of the South Half of Lot 8.
lying within Section 20. Township 46 South.
Range 43 East; together with.
The South 60 feet of the North 183 feet of
the East 139 feet of the West 821 feet of the
South Half of Lot 8, lying within Section 20.
Township 46 South. Range 43 East; together
with,
The East 69.15 feet of the West 151.15 feet
of the North 95 feet of the South 148 feet of
the South Half of Lot 8. lying within Section
20, Township 46 South. Range 43 East; togeth-
er with.
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The East 139.5 feet of the West 1.156.5 feet
of the South Half of Lot 8 (less the South 53
. feet thereof). lying within Section 20.
Township 46 South. Range 43 East; together
with.
The East 140 feet of the West 961 feet of the
South Half of Lot 8 (less the South 209.24
feet thereof), lying within Section 20,
Township 46 South. Range 43 East; together
with.
The East 209.25 feet of the West 961 feet of
the South 148.34 feet (less the South 53 feet
of road right-of-way) and the North 61 feet
of the South 209.34 feet of the East 139.5
feet of the West 961 feet of the South Half
of Lot 8 in OR 1564. PG 436. lying within
Section 20, Township 46 South, Range 43 East;
together with.
The Northerly 125.04 feet of the Easterly
144.18 feet of the Southeast Quarter of Tract
8. lying within Section 20. Township 46
South. Range 43 East; together with.
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Ord. No. 115-88
./
The East 139 feet of the West 827 feet of the
South 60 feet of the North 123 feet of the
South Half of Lot 8, lying within Section 20,
Township 46 South, Range 43 East; together
with,
The West 50 feet of the East 366.50 feet of
the North 249.34 feet of the South 302.34
feet of the Southeast Quarter of Lot 8, lying
within Section 20, Township 46 South, Range
43 East, Palm Beach County, Florida.
Containing 7.15 acres, more or less.
PARCEL "a"
The East 159 feet of the West 658 feet of the
Southwest Quarter of Lot 8 (less the West 139
feet of the South 207 feet and the South 53
feet of road right-of-way), lying within
Section 20, Township 46 South. Range 43 East,
Palm Beach County, Florida.
Containing 0.54 acres, more or less.
PARCEL "C"
The East Half of Tract 15 lying West of the
Railway (less the Westerly 110. 14 feet
thereof), lying within Section 20, Township
46 South. Range 43 East; together with,
The South 150 feet of the East 265.40 feet of
the West 290.40 feet of Lot 15. lying within
Section 20, Township 46 South, Range 43 East;
together with,
The Westerly 110.14 feet of the East Half of
Tract 15. lying within Section 20, Township
46 South, Range 43 East; together with.
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The South
(less the
feet) of
Township
with,
250 feet of the West 667.39 feet
South 150 feet of the West 290.40
Lot 15. lying within Section 20,
46 South, Range 43 East; together
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The East Half of Lot 16 lying West of the
Railway (less the South 403 feet) and the
West 50 feet of the South 403 feet of the
East Half of Lot 16 (less the South 53 feet
thereof), lying within Section 20, Township
46 South, Range 43 East; together with,
The East 221.26 feet of the North 196.92 feet
of the West Half of Lot 16, lYing within
Section 20, Township 46 South, Range 43 East.
Palm Beach County, Florida.
Containing 15.44 acres, more or less.
PARCEL "n"
The West Half of the West Half of Tract 16
(less the North 196.92 feet and the South 53
feet thereof), lying within Section 20,
Township 46 South. Range 43 East; together
with,
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Ord. No. 115-88
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The East Half of the West Half of Tract
(less the North 196.92 feet and the South
feet thereof), lYing within Section
Township 46 South, Range 43 East, Palm
County, Florida.
16
53
20,
Beach
Containing 6.28 acres, more or less.
The subject property is located immediately
west of Dixie Highway. and north of Linton
Boulevard, on both sides of S.W. 4th Avenue.
The above described parcels contain a 29.41
acre parcel of land. more or less.
Section 2. That the boundaries of the City of Delray
Beach. Florida, are hereby redefined to include therein the
above-described tracts of land and said lands are hereby declared
to be within the corporate limits of the City of De1ray 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 tracts of land hereinabove described as
Parcel "A" are hereby declared to be in Zoning District R-1A
(Single Family Dwelling) as defined by existing ordinances of the
City of Delray Beach, Florida.
Section 4 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 Zoning District RM-10
(Multiple Family Dwelling) as defined by existing ordinances of
the City of De1ray Beach. Florida.
Section 5. That Section 173.886 of the Zoning Code has
been followed in the establishment of a zoning. classification in
this ordinance and the tracts of land hereinabove described as
Parcel "C" are hereby declared to be in Zoning District LI (Light
Industrial) as defined by existing ordinances of the City of
De1ray Beach. Florida.
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Section 6. That Section 173.886 of the Zoning Code
been followed in the establishment of a zoning classification
this ordinance and the tracts of land hereinabove described
Parcel "D" are hereby declared to be in Zoning District
(General Commercial) as defined by eXisting ordinances of
City of De1ray Beach. Florida.
has
in
as
GC
the
Section 7. That the land hereinabove described shall
immediately become subject to all of the fra~chises. privileges,
immunities, debts, obligations. liabilities, ordinances and laws
to which lands in the City of De1ray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
Section 8 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.
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Ord. No. 115-88
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SAction 9. That all ordinances or parts of ordinances
in conflict herewith be. and the same are hereby repealed.
Sention 10. 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.
SAction 11. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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Ord. No. 115-88
Pl.ANNING 8 ZONING
CITY OF OELRAY
BOARD
8EAD-I
--- STAFF REPORT
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~ETING DUe: AUllust 22. 1988
AGENl=I ITBf:
II.G.
ITEM:
n of Annexation and Cit
for Enclave 65
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GENERAL DATA:
Owners ..................Moore, JQba __. St. Jean Lorr.ine .t al
Location ................Immedi.tel~ BOrth of we.t Atlantic
Avenu. be-.. Dover Rd. and HOIIl8WOOd
Blvd.
Description .............Se. attachment
Enclave Size ............6.21 acres
Jurisdiction ............Palm Beach County
County Land U.. Plan .... M-IIII/R (Medium to Medium High Den.i ty
R.sid.ntial, 8-16 dwelling unit. per
acr.)
City Land Us. Plan ..... .MF-L (Multi-F...Uy Low Density), and ART
(Agricultur.l Re.id.ntial Tran.itional)
County Zoning ...........AR (Aqricultural R.sid.nti.l Di.trict)
ProDOsad City Zoning .... AIlT <Aarlcultural boldeDUel rr....1UonaJ Dietrict)
Curr.nt U.. .............Vacant (1), nurs.ry/agricultural (1)
Arbor Acr.. Nursery , Landacaping
Wat.r S.rvic. ...........Ex1.ting 12" line on Atlantic Av.nu.
Sewer Service ...........Ex1.ting line 900' we.t of the .nclav.
on Atlantic Avenue, and via the High
Point sy.tu to the north which also
s.rvic.s Th. Common. directly to the
west of the .nclave
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Number of Parcels:
Total Acrea~:
2
6.21
ENCLAVE ~ (
Assessed Value: S284.473
Estimated population: 0
GENERAL CHARAC'rEl\ LEVEL OF SERVICE SUMMARy
Enclave 65 consists of a 4.07 acre Fire , EMS .......... B
agricultural parcel lying weat of the Police .............. A
entrance to High Point (Homewood Water . . . . . . . . . . . . . . . A
Boulevard) on the north side of Sewer . . . . . . . . . . . . . . . D
Atlantic Avenue. Access . . . . . . . . . . . . . . B
Code Enforcement . . . . A
CUMULATIVE . . . . . . . . . . c
LAND USS EVALUATION FINANCIAL EVALUATION
Proposed Zonin9 '0. . , ART REVENUES:
Property Tax: $' 1,479
Plan Zonin9 and Per Capita . -D-
.
Use are Consistent . . . . . . . . Yes
'l'O'l'AL : $ 1,479
Zonin9 and City Plan
are Consistent, Use
Becomes Nonconforming . .... No EXPENDITURES:
Operatin9 : -D-
Use is AccOlm1Odated Additional
'rhrou9h a Zone Which is Operatin9 . -0-
.
Inconsistent with the Total Operatin9: -0-
City Plan . . . . . . . . . . . . . . . . . No
Capital: -0-
Number of Enactin9 Ord. . . . 2 Development
COMMENT: COMMENT:
No apparent problema
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Sewer is a development cost which must be negotiated through High Point .
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ITEM BEFORE THE BOARD:
The action before the Board is consideration of annexation and
City zoning of Enclave 65 (as described in the "Enclave Report,
Implementation of the Delray Beach Enclave Act"). Action on this
item is pursuant to the Delray Beach Enclave Act (Chapter 86-427,
Laws of Florida). :
BACKGROUND:
The City Commission approved the Enclave Report, containing the
required "urban services plan", which was prepared pursuant to
the Enclave Act. Upon acceptance of the report, the City
Commission directed that the annexation process be initiated in a
manner consistent with the recommendations of the Report.
The subject property owners and adjacent property owners within
500' have been mailed letters of notification pursuant to the Act
and the requirements of Section 173.886 (B), "Rezoning Requests"
of the Delray Beach Zoning Code.
ANALYSIS:
.
Enclave 65 is comprised of 2 parcels surrounded on all sides by
properties which are incorporated within the City of Delray
Beach. Annexation of this property will not cause the creation
of an additional enclave(s).
Water service is available from an existing 12" line on Atlantic
Avenue. Sewer service is available from High Point to the north
either through direct individual connection or connection to The
Commons directly west of the enclave, which is serviced by the
High Point lines. Connection to any line which services High
Point requires an agreement with High Point as well as a grant of
easement. Water and sewer connections will be the responsibility
of the developer/owner upon further development of the
properties. There is also existing sewer service lying
approximately 900 feet west of the enclave on Atlantic Avenue.
Atlantic Avenue, is paved and maintained by the State Department
of Transportation. No public improvements are required to
p~ovide service to this enclave.
Should the City desire to extend service to the enclave, the
Enclave Report estimated that the costs would be:
Water ................$72,000
Sewer ................$65,600
Fire Hydrants ........$ 6,000
TOTAL
$143,600
The County land use plan designation for the enclave is
(Medium to Medium High Density Residential, 8-16 dwelling
M-MH/R
units
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per acre), with a County zoning of AR (Agricultural Residential
District). The recommended zonings are consistent with the
County zoning and land use designation.
The western portion of the enclave is a 2.14 acre parcel which is
vacant, and designated ART (Agricultural Residential
Transitional) on the City's Land Us~ Plan. The Enclave Report
recommended RL (Low to Mediwn Density Dwelling District) zoning
which is compatible with the existing POC (Planned Office Center
District) to the west (The Commons, an office park); and the RM-6
(High Point), and RM-IO (Homewood Lakes) zonings to the north and
south respectively. The City's land use plan designation for
this portion of the enclave is ART (Agricultural Residential
Transitional), which is not inconsistent with the proposed RL
zoning. However, the staff recommends that the Board consider an
initial zoning of ART given the vacant nature of the property.
The eastern portion of the enclave is a 4.07 acre parcel which is
currently operated as a nursery (Arbor Nursery & Landscaping).
This parcel is designated MF-L (Multifamily - Low Density) on the
City's Land Use Plan and recommended for ART (Agricultural
Residential Transitional) zoning. The recommended zoning of ART
(Agricultural Residential Transitional) is compatible with the
existing RM-6 zoning to the north and east (High Point), ana
RM-10 zoning to the south (Homewood Lakes); and the City's land
use plan designation of MF-L (Multi-Family Low Density). The
Enclave Act stipulates that existing uses which are not permitted
uses at the time of annexation, be allowed to continue until such
time as title to the property where the use exists is transferred.
The recommended zoning of ART allows the existing nursery use to
continue as a permitted use, yet recognizes the future transition
of the property to residential.
Section 173.888 sets forth seventeen standards for evaluating
rezoning requests for which the Planning and Zoning Board and the
City Commission shall make written findings indicating that the
proposed change has been studied and considered in relation to
said standards. These seventeen standards are attached to this
report.
The Planning and
zoning with.- the
conflicts--between
property.
For informational purposes, a copy of the Enclave Report summary
sheet for this enclave is attached to this report.
Zoning Department has reviewed the proposed
seventeen standards. There are no apparent
the standards and the proposed zoning of the
RECOMMENDED FINDINGS:
1. That the annexation of Enclave 65 will not create an
enclave ( s) .
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2. That service will be provided to this property in a
manner similar to that for similarly situated properties
which are already in the City.
3. That the proposed zorling of RL (Low to Medium Density
Dwelling District), and ART (Agricultural Residential
Transitional) is consistent with the adjacent zoning and
complies (does not conflict) with all of the seventeen
standards for evaluating rezoning requests as found in
Section 173.888.
4. The proposed zoning is consistent (does not conflict)
with the existing County zoning of AR (Agricultural
Residential) or the existing uses (vacant, agricultural)
of the property.
5. The prQposed zoning is consistent (does not conflict)
with the City's land use plan designation of
for the property.
ALTERNATIVE ACTIONS:
1. Continue with direction.
.
2. Recommend approval of the annexation of Enclave 65 with
initial zoning of ART and RL, as recommended in the
Enclave Report.
3. Recommend approval of the annexation of Enclave 65 with
initial zoning of ART.
4. Recommend denial of the rezoning and annexation of
Enclave 65.
RECOMMENDATION:
By motion, recommend that the City Commission approve the
annexation of Enclave 65 with an initial zoning of ART
(Agricultural Residential Transitional).
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ORDINANCE NO. 116-88
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 18. TOWNSHIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOC~TED ON THE NORTH SIDE OF WEST ATLANTIC
AVENUE, BETWEEN DOVER ROAD AND HOMEWOOD
BOULEVARD; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID-
ING FOR THE ZONING THEREOF TO ART (AGRICUL-
TURAL RESIDENTIAL TRANSITIONAL) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Legislature of the State of Florida passed
the Delray Beach Enclave Act, Chapter 86-427, Laws of Florida,
providing for the annexation of enclaves within. the general
boundaries of the City of Delray Beach; and,
WHEREAS, pursuant to the Delray Beach Enclave Act, the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act. with said referen-
dum held on November 4. 1986, in conjunction with a general
election for Palm Beach County, Florida; and,
WHEREAS. the referendum held on November 4, 1986, was
approved by a single majority vote of said qualified electors;
and,
WHEREAS, the City of De1ray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the De1ray Beach Enclave Act. which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; and.
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with the Delray Beach
Enclave Act,
"
. NOW. THEREFORE. BE IT ORDAINED BY THE CITY 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 located in Palm Beach
Florida, which lies contiguous to said City to-wit:
The East 165 feet of the Southwest Quarter of
the Northwest Quarter of the Southwest
Quarter lYing North of State Road 806 (Atlan-
tic Avenue), lYing within Section 18, Town-
ship 46 South, Range 43 East; together with,
The East 339 feet of the West 1,019 feet
lying North of State Road 806 (Atlantic
Avenue), in the North Half of the Southwest
Quarter. lying within Section 18. Township 46
South, Range 43 East, Palm Beach County.
Florida.
City of
to said
County,
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The subject property is located on the
side of West Atlantic Avenue. between
Road and Homewood Boulevard.
north
Dover
The above described parcels contain a
acre parcel of land. more or less.
6.21
Section 2. That the boundaries of the City of Delray
Beach. Florida. are hereby redefined to include therein the
above-described tracts of land and said 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 Zonina Code has
been followed in the establishment of a zoning classification in
this ordinance and the tracts of land hereinabove described are
hereby declared to be in Zoning District ART (Agricultural
Residential Transitional) as defined by existina ordinances 'of
the City of Delray Beach. Florida.
Senti on 4. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
Section 5. That this annexation of the subject proper-
ty. including adjacent roads, alleys, or the like. if any. shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys. or the like. unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 8. That all ordinances or parts of ordinances
in conflict herewith be. and the same are hereby repealed.
Section 7. That should any section or provision of
this ordinance or any portion thereof. any paragraph, sentence.
or word be declared by a Court of competent Jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 8. That this ordinance shall become effective
immediately upOn passage on second and final reading.
PASSED AND ADOPTED in
final reading on this the
regular session
day of
on second and
, 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 -
Ord. No. 116-88
PLANNING (S
CITY OF OELRAY
ZONING BOARD
BEACH
--- STAFF REPORT
MEETING D=lTE: Alii'''''' 7?
lQRR
AGENJA ITEM:
II.H.
ITEM :
Consideration of Annexation and City Zoning for Enclave 68
See attachm!!nt.
Owners ..................See attachment
GENERAL DATA:
Location ................TO the east and west of Rabbit Hollowe
Drive, extendi"9 nortb and soutb of
GeJ:lll&J\town Rd.
Description .............See attacbment
Enclave Size ............9.02 acres
Jurisdiction ............Palm Beacb County
County Land Use Plan .... L-M (Low to Medium Density Residential,
)-8 dwelling units per acre)
City Land Use Plan......ART (Agricultural Residential
Transitional), and SF (Single Family)
for P.C. . 00424625000001040
County Zoning ...........AR (Agricultural Residential District)
Prolleseel. City Zoning ... . ART. (Agricultural Residential
Transitional District)
Current Use .............Single family/agricultural (2),
Pool ~ Son Nursery , T."-'-eape,.
Master Gardeners Nursery' Lanclscape,
Single family (4)
Water Service .......... . Existing 8" line on Rabbit Hallowe Drive,
12" line on Germantown Road-,. and 10"
lines in Span1sb Wells CD the west side
of tbe portion of tbe encl2.ve nortb of , I
~rmantown Road ~
Sewer Service .......... . Lift Station and 4" force main in Rabbit
Hollowe Drive, 4" force III4i.a on
Germantown Road, lines within Faircrest
Heigbts to tbe west;__ l1:!Ift witbill'--
Spanisb Wells adjacent to tbe portion of
tbe enclave nortb of GerlIantown Road
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------ WATER LINES
Icm (F i!iJiy m I CUE BY: sy I ~
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PHASE 2
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SEWER LINES
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ENCLAVE 68
NUI'llbeE of Parcels:
Total. AcrU98:
6
'J.uz
Assessed ~ . S390.534
Estinlated ....d.tion: 18
a-a,r. CIIAllACTD
LEVEE. OF ,
11 SUMMARY
Eacla.e 61 ia 9.02 acre. of
~1cultural1y zoned land which
conta1D8 four single family homes on
f_r large lots. land two cOllllllerciJIl
Darseries with associated single
ta.1ly residences.
Fire....' EllS __......... B
~1'..... ...... __ . .. . . . .. . A
Wataz ........................ A6C
S....d8lI: ......_....... B&C
~r-- .........._ _ .. .. .. .. .. C
Coda BDfo.c ~ .... A
\,;"'_ ________. ...--...... C
t.-a USE EVALUATION C" :--....l~
p~ III Zoninq . . . . . . . . .. .. .. v. -
a.1I("....L... - U.031
Pl.aa ZCIIlinq and .... . - . . 3.127
-
Use are Consistent ........~
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'l'Wtf, aDd City Plan
are C<lI:Wistent. Use
B.!C-oq - Nonconforminq . .. .. .. -... -- 1.111'
Qp __r,..........~ $3.204
asa is loccOlllllOda ted M~~'
m...... a Zone Which is Op 0- .. .
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City P1an ... . .................. .-....
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ITEM BEFORE THE BOARD:
The action before the Board is consideration of annexation and
ci ty zoning of Enclave 68 (as described in the "Enclave Report,
Implementation of the Delray Beach Enclave Act"). Action on this
item is pursuant to the Delray Beach Enclave Act (Chapter 86-427,
Laws of Florida).
BACKGROUND:
The City Commission approved the Enclave Report, containing the
required "urban services plan", which was prepared pursuant to
the Enclave Act. Upon acceptance of the report, the City
Commission directed that the annexation process be initiated in a
manner consistent with the recommendations of the Report.
The subject property owners and adjacent property owners within
500' have been mailed letters of notification pursuant to the Act
and the requirements of Section 173.886 (B), "Rezoning Requests"
of the Delray Beach Zoning Code.
ANALYSIS:
Enclave 68 is comprised of 6 parcels surrounded on all sides by
properties which are incorporated within the City of Delray
Beach. Annexation of this property will not cause the creation
of an additional enclave(s).
Water service to the portion of the enclave south of Germantown
Road is available from Germantown Road and Rabbit Hollowe Drive.
Sewer service to this portion of the enclave would entail a grant
of easement and extension of lines from Faircrest Heights to the
west, or connection to either the force main serving Rabbit
Hollowe via a lift station or connection to the existing lift
station on Rabbit Hollowe Drive. None of the properties within
this portion of the enclave are currently serviced by water or
sewer. Connection to both water and sewer would be the
responsibility of the owner/developer given the proximity of
available service.
Water and sewer service to the portion of the enclave north of
Germantown Road is available from existing lines in the Spanish
Wells development directly west of the enclave. Water. is also
available from the aforementioned line in Germantown Road.
Connection to both water and sewer would be the responsibility of
the owner/developer given the proximity of availabe service.
Germantown Road adj acent to the enclave is under County
jurisdiction, and is paved to a substandard width. The level of
service for access was rated as a "c" in the Enclave Report due
to the substandard pavement width and the narrow bridge crossing
at the Lake Worth Drainage District E-4 canal. The Bridge is
presently being replaced by the County with an anticipated
completion in October.
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Public improvements are not required to service this enclave as
water and sewer are available in close enough proximity that the
owners of the individual properties would be responsible for the
extension of lines. .
The recommended zoning of ART is compatible with the existing
R-1AAA (Single Family Dwelling District), RM-10 (Multiple Family
Dwelling District), and PRD-lO (Planned Residential District)
zoning of the surrounding area; existing County zoning of AR
(Agricultural Residential District), the County land use plan
designation of L-M (Low to Medium Density Residential), and the
City'S land use plan designation of ART (Agricultural Residential
Transitional), and SF (Single Family). The recommended zoning is
compatible with the eXisting single family and agricultural uses
in the enclave.
Section 173.888 sets forth seventeen standards for evaluating
rezoning requests for which the Planning and Zoning Board and the
City Commission shall make written findings indicating that the
proposed change has been studied and considered in relation to
said standards. These seventeen standards are attached to this
report.
The Planning and Zoning Department has reviewed the proposed
zoning with the seventeen standards. There are no apparent
conflicts between the standards and the proposed zoning of the
property.
For informational purposes, a copy of the Enclave Report summary
sheet for this enclave is attached to this report.
RECOMMENDED FINDINGS:
1. That the annexation of Enclave 68 will not create an
enclave(s).
2. That service will be provided to this property in a
manner similar to that for similarly situated properties
which are already in the City.
3. That the proposed zoning of ART is consistent with the
adjacent zoning and complies (does not conflict) with
all of the seventeen standards for eval~ating rezoning
requests as found in Section 173.888.
4. The proposed zoning is consistent (does not conflict)
with the existing County zoning of AR (Agricultural
Residential District) or the existing use (Single
Family, Agricultural) of the property.
5. The proposed zoning is consistent (does not conflict)
with the City'S land use plan designation of ART
(Agricultural Residential Transitional), and SF (Single
Family) for the property.
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ALTERNATIVE ACTIONS:
1. Continue with direction.
2. Recommend approval of the rezoning and annexation of
Enclave 68.
3. Recommend denial of the rezoning and annexation of
Enclave 68.
RECOMMENDATION: .
By motion, recommend that the City Commission approve the
annexation of Enclave 68 with an initial zoning of ART
(Agricultural Residential Transitional).
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ORDINANCE NO. 117-88
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO
THE CITY OF DEL RAY BEACH A PARCEL OF LAND
LYING AND BEING IN SECTION 25. TOWNSHIP 46
SOUTH, RANGE 42 EAST. PALM BEACH COUNTY,
FLO~IDA, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED TO THE EAST AND WEST OF RABBIT HOLLOW
DRIVE. EXTENDING NORTH AND SOUTH OF
GERMANTOWN ROAD; REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR
THE RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO ART
(AGRICULTURAL RESIDENTIAL TRANSITIONAL)
DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS. the Legislature of the State of Florida passed
the Delray Beach Enclave Act. Chapter 86-427, Laws of Florida,
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach; and.
WHEREAS. pursuant to the Delray Beach Enclave Act, the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act. with said referen-
dum held on November 4, 1986. in conjunction with a general
election for Palm Beach County. Florida; and.
WHEREAS, the referendum held on November 4. 1986. was
approved by a single majority vote of said qualified electors;
and.
WHEREAS. the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act. which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; and.
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with the Delray Beach
Enclave Act.
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS:
Section 1. That the City Commission of the City of
Delray Beach. Palm Beach County, Florida. hereby annexes to said
City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
That part of the West Half of the East Half
of the Southeast Quarter of the Northeast
Quarter of the Northeast Quarter lying North
of Germantown Road within Section 25. Town-
ship 46 South, Range 42 East; together with,
The West Half of the East Quarter of the
Southeast Quarter of the Northeast Quarter of
the Northeast Quarter lying North of
Germantown Road within Section 25. Township
46 South, Range 42 East; together with.
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The East Eighth (8th) of the Southeast
Quarter of the Northeast Quarter of the
Northeast Quarter lying North of Germantown
Road within Section 25, Township 46 South,
Range 42 East; together with,
The East 221.23 feet of the Southeast Quarter
of the Northeast Quarter of the Northeast
Quarter lYing South of Germantown Road and
the North 323.9 feet of the East 221.23 feet
of the Southeast Quarter of the Northeast
Quarter, lying within Section 25, Township 46
South, Range 42 East; together with,
The North one (1) acre of the West Half of
the East Half of the Southeast Quarter of the
Northeast Quarter, lying within Section 25,
Township 46 South, Range 42 East; together
with,
The West Half of the Southeast Quarter of the
Northeast Quarter of the Northeast Quarter
lying South of Germantown Road within Section
25, Township 46 South, Range 42 East, Palm
Beach County, Florida.
The subject property is located to
and west of Rabbit Hollow Drive,
north and south of Germantown Road.
the east
extending
The above described parcels contain a 9.02
acre parcel of land, more or less.
Section 2. That the boundaries of the City of Delray
Beach. Florida, are hereby redefined to include therein the
above-described 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 tracts of land hereinabove described are
hereby declared to be in Zoning District ART (Agricultural
Residential Transitional) as defined by existing ordinances of
the City of Delray Beach, Florida.
Section 4. That the land hereinabove described shall
immediately become subject to all of the franchises. privileges,
immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons reSiding thereon shall be deemed citizens
of the City of Delray Beach.
Section 5. That this annexation of the subject proper-
ty, including adjacent roads, alleys. or the like, if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys, or the like. unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 6. That all ordinances or parts of ordinances
in conflict herewith be. and the same are hereby repealed.
- 2 -
Ord. No. 117-88
,.,
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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. 117-88
[fry OF DElRAY BEA[H
8.......""}
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CITY ATTORNEY'S OFFICE
-' 1':1 S.I. I.,: STrUT!. .'II :)'11": 1111 ,IL\ Y In,M'II, 1'L(Jj.:, In .'UoiS.\
";117 ~-~"~llqll ill,H'()I'IJ"~.II''7.'2i~....j7S~
1'~EI10RANDm1
Date: S~ptember 2, 1988
To: Ci.ty Commission
From: Susan A. RUby, Assistant City Attorney
Subject: Amendment to the COde/Historic Preservation
The Historic Preservation Board has met to revise the currently
enacted Historic Preservation Ordinance. The revised ordinance
seeks to clarify and reorganize the existing Code.
In addition, the amendment provides that the Historic Preserva-
tion Board may grant variances to the Zoning Code, in lieu of
the Board of Adjustment, for all properties within historic
districts and for historic sites. The revised ordinance
broadens the Board's power to grant variances beyond those
areas listed in the current Code i. e. setbacks, off -street
parking, height and floor area ratios. The amendment also sets
forth criteria for granting variances within the historic
district and for historic sites, permits the Historic Preserva-
tion Board to grant variances from :the Sign Code for signs
within historic districts and for historic sites and sets forth
an appeal procedure for variances to the Circuit Court. The
amendment provides that the Commission shall approve a filing
fee for a variance application after said fee is determined by
the Board.
The amendment further provides that members of the Historic
Preservation Board shall be residents of the City and/or have
their prinCiple place of business in the City.
By copy of this memorandum to the City Manager, our office
requests, at the urging of the Historic Preservation Board,
that this ordinance be placed on the soonest available regular
agenda, as the Historic Preservation Board expects to act upon
variance requests in the very near future. If at all possible,
the Historic Preservation Board requires that the first reading
of this ordinance be placed on the regular agenda for September
13, 1988. In addition, the Historic Preservation Board re-
quires City Commission approval of the setting of the variance
application fee. The Historic Preservation Board seeks to have
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City Commission
September 2, 1988
Page 2
the fee set a.t $137.50 which is the same as the
application fees brought for the Board of Adjustment.
Commissi.on's approval of said fee should occur after
on the amendment on second reading.
variance
The City
t:he vote
The Historic Preservation Board has also promulgated two
application forms; an Application for a Certificate of Appro-
priateness and a Variance Application. Both of these forms
should be placed on' t.1:le City Commission's agenda which corre-
sponds to the agenda wherein the City Commission takes action
on the revised ordinance on second reading.
If you should have any questions or concerns regarding this
matter, please do not hesitate to contact me.
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SAR:ci
cc Walter O. Barry, City Manager
Nancy Hoti, Executive Secretary to City Manager/
Special Projects Assistant
Elizabeth Arnau, City Clerk
David Kovacs, Director of Planning and Zoning
Pat Healy, Historic Preservation Board
",nDINANCE NO. ~OCl-88
AN ORDINANCE OF THE C':ITY COr-u.nSSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 174,
"HISTORIC PRESERVATION", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRiW BEACH, FLORIDA, BY AMENDING,
"GENERAL PROVlf,IONS", SECTION 174.01, "PURPOSE",
SUBSECTION 174.01(A)(1~), TO PROVIDE A CORRECTED
REFERENCE TO THE FLORIDA STATUTE CONCERNING HISTORIC
SITES; BY AMENDING, "GENERAL PROVISIONS", SECTION
174.02, "DEFINITIONS", 'ro PROVIDE FOR A DEFINITION
OF "APPURTENANCES", AND "ARCHITECTURAL FEJI.TURES",
AND TO PROVIDE FOR THE .1>..LPHABETIC INCLUSION THEREOF,
AND TO p.MEND THE DEFINITION OF "DEMOLITION", "LAND-
SCAPE FEA'rURE", AND "UNDUE ECONOMIC HARDSHIP"; BY
REPEALING "CRITERIA FOR HISTORIC SITE OR DISTRICT",
SECTION 174.1.0, "RELATIONSHIP OF ZONING DISTRICTS";
BY ENACTING A NEW SECTION ]74.10, "DESIGNATION
CRITERIA", TO PROVIDE CRITERIA FOR THE DESIGNATION
OF HISTORIC SITES AND HISTORIC DISTRICTS" ; BY
REPEALING "CRITERIA FOR HISTORIC DISTRICT", SECTION
1 7 4 . 12 , "PRESERVATION STANDARDS" ; BY REPEALING,
"CRITERIA FOR HISTORIC DISTRICT", SECTION 174.13,
"DEVELOPMENT STANDARDS"; BY ~IENDING "DESIGNATION
PROCEDURES", SECTION 174.20, "NOMINATION", SUBSEC-
TIONS, 174.20(A), 174.20(B), AND SUBSECTION
174.20(B)(1) TO PROVIDE FOR THE NOMINATION OF
HISTORIC INTERIORS; BY REPEALING "DESIGNATION
PROCEDURES", SECTION 174.23, "LOCAL REGISTER OF
HISTORICAL PLACES", SUBSECTION 174.23(D) AND
SUBSECTION 174.23(E); BY REPEALING "CERTIFICATE OF
.A.PPROPRIATENESS ", SECTION 174.30, "BASIC REQUIRE-
MENT"; BY ENACTING A NEW SECTION 174.30, "BASIC
REQUIREMENTS", TO PROVIDE FOR A REORGANIZATION OF
THE BASIC REOUIREMENTS; BY REPEALING "CERTIFICATE OF
APPROPRIATENESS", SECTION 174.31, "REVIEW GUIDE..
LINES"; BY ENACTING A NEW SECTION 17 4.31, "REVIEW
GUIDELINES"; TO PROVIDE FOR A REORGANIZATION OF THE
REVIEW GUIDELINES; BY AMENDING, "CERTIFICATE OF
APPROPRIATENESS", SECTION 174.32, "INITIATION AND
PROCEDURES", SUBSECTIONS 174.32(A)(3), 174.32(B),
174.32(D), AND 174.32(E), TO PROVIDE FOR APPROPRIATE
SUBMISSION THIES OF APPLICATIONS AND ACTION BY THE
BOARD; BY REPEALING "CERTIFICATE OF APPROPRIATE-
NESS", SECTION 174.33, "DEMOLITION"; BY ENACTING 70.
NEW SECTION 174.33, "DEMOLITION", TO PROVIDE FOR THE
REORGN,IZATION OF SAID SECTION; BY AMENDING
"HISTORIC PRESERVATION BOARD", SECTION 174.40,
"CREATION; COMPOSITION", SUBSECTION 174.40(B), TO
PROVIDE THAT MEMBERS OF THE BOARD SHALL BE CITY
RESIDENTS AND/OR TO HAVE THEIR PRINCIPAL PLACE OF
BUSINESS IN THE CITY; BY AMENDING, "HISTORIC PRESER-
VATION BOARD", SECTION 174.40, "CREATION; COMPOSI-
TION", SUBSECTION 174.40(C), TO PROVIDE FOR
ADVERTISING OF VACANCIES ACCORDING TO CITY POLICY;
BY REPEALING, "HISTORIC PRESERVATION BOARD", SECTION
171.43, "PO'tlERS ;rIND DUTIES", SUBSECTION 174.43(F);
BY ENACTING A NEW SUBSECTION 174.43(F), TO PROVIDE
THAT THE HISTORIC PRESERVATION BOARD SHALL ~.CT IN
L1 Ell or THE BOARD OF ADJUSTMENT; BY HEPEAL1NG,
"ADMINISTRATION AND ENFORCEMENT", SECTIONS 17 4.50,
"VARI.\NCES", 174.51, "lIMENDMENTS TO DESIGNATIONS",
174.52, "MAINTENANCE AND REP;'.IR", 174.r,3, "UNSAFE
STRUCTURES, 174.54, "EMERGENCIES", 174.55, "INSPEC-
TIONS", 174.56, "UNDUE ECONOMIC HARDSHIP"; BY
ENACTING, A NEW PROVISION, "ADMINISTRATION AND
ENFORCEMENT", SECTION 174.50, "EMERGENCIES", TO
PROVIDE FOR SPECIAL MEETINGS IN THE EVENT OF AN
EMERGENCY; BY ENACTING 7'. NEW SECTION 174.51,
"INSPECTIONS", TO PROVIDE FOR INSPECT:tONS BY APPRO-
PRIATE CITY DEPARTMENTS; BY ENACTING A NEW SECTION
174.52, "BUILDING CODES ENFORCEI-1ENT", TO PROVIDE
GUIDANCE TO THE CHIEF BUILDING OFFICIAL CONCERNING
THE ENFORCEMENT OF STANDARD BUILDING CODES; BY
ENACTING A NEW SECTION 174.53, "UNDUE ECONOMIC
HARDSHIP", TO PROVIDE CLARIFICl\TION OF THE PROCESSES
USED TO DETERMINE UNDUE ECONOMIC HARDSHIP; BY
ENAC'rING A NEW SECTION 174.54, "VARIANCES", TO
PROVIDE GUIDELINES FOR THE GRANTING OF VARIANCES; BY
REPEALING, "ADMINISTRATION AND ENFORCEMENT", SECTION
174.99, "PENALTY"; BY ENACTING A NEW SECTION 174.99,
"PENALTY" TO PROVIDE CLARIFICATION OF THE JURISDIC-
TION OF THE CODE ENFORCEMENT BOARD TO HEAR VIOLA-
TIONS OF THIS CHAPTER: PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach
Florida wishes to, by reorganizing the structure of the Historic Preser
vation ordinance, clarify the duties and jurisdiction of the Histori
Preservation Board; and,
WHEREAS, the City Commission of the Ci ty of Delray Beach
Florida wishes to streamline other processes of the Historic preserva
tion Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TH
CITY OF DELRAY DEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 174, "Historic Preservation"
"General Provisions", Section 174.01, "Purpose", subsectio:
174.01(A)(15), of the Cod,.~ of Ordinances of r.he City of Delray Beach, i.:
hereby amended, by amending subsection 174.01(A)(15), to read a:
follows:
Sec. 174.01 Purpose
(A) The Commission has determined that:
(15) It is the will of the State Legislature, a,
expressed in F.S. Chapter ~1 267, that the state's historic sitel
and properties, bUildings, artifacts, treasure troves, and objectl
of antiquity, which have scientific or historical value, or are oj
interest t.o the public, be protected and preserved.
2
ORD. NO. 109-88
Section 2. That Chapter 174, "Hh:toric Preservation'
"General Provisions", Section 174.02, "Definitions", of the Code (
Ordinances of the City of Delray Beach, Florida, be, and the same 1
hereby amended by adding the definition of "Appurtenances", and "Archi
teetural Features", and to provide for ,the, alphabetic inclusion thereof
as follows:
Sec. 174.02 Definitions
"i\ppurtenances". That which is an accessory to another
structure, including but not limi ted to stonewalls, fences
light fixtures, steps, paving, sidewalks, shutters. and signs
"Architectural Features". .~rcfli tectural feat.ures include, bu
dre not limited to the architectural style, style, mass
siding, g'-,neral design, and general arrangement of the ex
taIior of the bUilding or structure, incLuding the type, styl
or color of roofs, windows, doors, and appurtenances. Archi
t.ecture featur.es will include interior architectural feature
where the interior has been given historic designation unde
the procedures listed in this chapter.
Secti.on 3. That Chapter 174, "Historic Preservation"
"General Provisions", Section 174.02, "Definitions", of the Code 0
Ordinances of the City of Delray Beach, Florida, be, and the same .l
hereby 'arnended by amending the def ini t.ion of "Demolition", "Landscap
Feature", and "Undue Economic Hardship", to read as follows:
"Demolition". The act or process of wrecking, destrOYing, 0
removing any bUilding or structure, or any exterior or st.ruc
turdl part thereof. The process of removing or destrnYing a
archeoloqical site or a part thereof.
"Landscape Feature". Any i.mprovement or vegetation including
but not limited to: outbuildings, walls, courtyards, fences
shrubbery, trees, sidewalks, planters, plantings, gates
street furniture, and exterior lighting. Landscape feature.
also includes site improvements SUCfl as, but not limited to
subsurface alterations, site regrading, fill deposition
paving, and signs.
"Undue Economic Hardship". An exceptional financial burdc!
that might otherwise amount to the taking of property wi thou
just compensation, or failure to achieve a reasonable economi,
return , }ft -~he -eas~ -e~ -ifteeffle-~red~e~ft' -preper~~esT -~h,
evicleftee-:-aftcl -i:est'~meI'lY -l'leeded -1:e -e8~allli:sh -aft -.l:lftdl:le -eeen6l!1~'
harcl~~~p-~8-spee~~~ed-~ft-SeeS~-1~4~397_1~4~33_al'ld_Sees~-1~4~5[
i:h!'el:l,h-B4~56~
Sect.i.on 4. That Chapter 174, "Historic P.reservation", "erite
ria for Historic Site or District", Section 174.10, "REllationship oj
Zoning Dist:dcts", of the Code of Ordinanccs of the Ci ty of Delra~
Beach, Flor ida is hereby r-epealed in its entirety, and a new See.
174.10, "Designation Critflria" is hereby enacted, to read as follol-Js:
j
GRD. NO. 109-88
~-._-~~._-- ._--,._--_.._.._~-_._-.~--.
S0C. ]74.10 Desiqnation Criteria
(,~,) '~u quo.lify as <'I historic site> Gr historic district
hIstoric interior, indivi~ual properties, structure
8ites, or bUildings, or groups of properties, structure
3ites, o~. buildings enust have significant characte
interest, or 'value as part ()f the historical, cultura
aesthCltic, and aI.cllitClctllral heritage of the city, stat,
C), nil tion. 1'0 qualify as <'I llistor ic si te or histol:
nj strict, the property or properties must fulfill one ,
more of the cT.ite,ia set forth in subsection (8) ((
bela",'; to qualify as ,0. historic interior the interi,
must. fulfill one or more of t.he c:riteria set forth
subsection (B) and meet the criteria set forth in subset
lion (C)(2) and C(4).
(E) A bUilding, structure, site, interior or district will 1
deemed to have histo~ical or culturo.l significance if il
meets one or more of the following criteria:
(1) Is associated in asi~nificant way with the life c
acti vi tics of a maj or person important in c i t1
stat~, or national history (i.e., the homestead of
local founding family);
I ~ \
<.,
Is the site of a historic event with significar
effect upon the city, state, or nation;
(3) Is associated in a significant way with a major
historic event, ''''hether cultural, economic, sociul
military, or political;
(4)
Exc'mplif ies
economic, or
historY;:)1'
thc historical,
social trends
political, cultural
of the community i
IS) Is i"JSSociated Ln a significant way with a past >)
continUing institution which hilS contributed sub
stantially to the life of the city.
(e) .". bUilding, structure, !:;ite, or district is deemed t
have architectural or aesthetic significance if i
fulfills one or more of the fOllOWing criteria; excep
that to qu~lify as a historic interior, the interior mus
meet the criteria contained within subsection IC)12) an,
IC)( 4) :
( 1 )
Portrays the
characterized
tlu'a]. E;tyles;
environment in an era of histor'
by one or more distinctive <lrchi tee
(2) Embodies those distingUiShing characteristics of al
architectural style, period, or method of construc.
tJon;
( ])
Is a historic or outstanding work
alchitect, deSigner, landscape
bu.Lldcr; or
of a prominent
archi tecl, 0]
4
CillD. NO. 109,.88
-----~
(4) COnt:ains elements of design, detail, material, ,
craftsmanship of outstanding quality or whi,
represented, in its ti.me, a significant innovati,
or. adaptat:ion to the South Florida environment.
(V) A bUilding, structure, site, interior or district will
deemf'd to have historic significance if, in addition j
or in the place of the previously mentioned criteria, tl
bUilding, structure, site, or zone meets historic deve:
opment standards as defined by and list.ed in the reg\11,
tions of and criteria for the National Register (
Histolic Places, as prepared by the United States Deparl
ment of the tnterior under the Historic Preservation Ac
of 1966, as amended. A copy of these standards for tf
Na t ional Register is wade part of thi s chapter .15
fully set forth herein.
Sect ion 5. That Chapter 1.7 4, "Historic Preservation'
"Cl-iter.ia for Historic District", Sec. 174.12, "Preservation Criteria'
of the Code of Ordinances of the Cl ty of Delray Beach, Florida .i
repealed in its entirety.
Sect.ion G. Tha t Chapter -' 7 4, "Histor.lc Preservation"
"Criteria for Historic District", Section 174.13, "Development Star
dards", of r_he Code of Urdinances of the City of lJelrllY Beach, Florio
is hereby repealed in its entirety.
Section 7. That Chapter 171, "Historic P:ceservation. "Desig
nation Procedures", Sec. 174.20, "Nomination", SUbsections 174.20(A)
174.20(B) and 174.7.0(B)(1) of U10 Code of Ordinances of the City .:J
Delray Beach, Florida, be and the same is hereby amended, by amendin
Sections 174.20(A), 174.20(B) and 174.20(B)(1), to read as follows:
Sec. 171.20 Nomination
(A) BUildings, structures, archaeological sites, interiors 0
districts \olhich meet the criteria set forth in Sectio
174.10 through 174.23 may be designated as histori
si teE:, interiors or di stricts, and may be listed on th
Local Register of Historic Places.
(E) Nominations for historical site, historic interior 0
historic district designation shill be made to th
Historic Preservation Beard on an application for
developed and approved by the Board and made available t
the person nominating the bUilding, structure, site
area, zone, or district.
( 1.) Nominations for historic site or historic interio
status may be initiated by:
(a) The Historic Preservation Board;
( l.J) The Ci ty Cammi ssion; 01.
(c) The property owner.
"
ORD. NO. 109-88
Sc:ct;i.on 8, That Chapter 174, "Historic P.reservation", "J)esi
na tiol1 Procedures", See. L 71.23, "Local Hogir:ter of Historic Places",
the Code of Ordinances of the Ci t.y 0 f Del ray Beach, Florida, subsecti,
17 4. ? 3 (D) and subsection 17 4.21 (E) ir; hereby repealed in its entirety.
Sp.ction 9. That. Chapt.er .1 7 4, "Historic Preserva tion", "Co:
t.ificate of lIppropriateness", Sec. 1'14.30, "Basic Requirements" of t!
Code of Ordinances of the City of DelJ:ay Beach, Florida is her'eJ
repealed in its entirety and a new Sec. 174.30, "Basic Requirements"
hereby enacted to read as follows:
Sec. 174.30 Basic Requirements.
(A) A certificate of appropriateness shall be requirE
for designated historic sites, designated historj
interiors and within designated historic districts.
( J. ) No bui Iding, structure, appurtenance, imprOVE
ment, or landscape feature, will be erectec'
nltered, restored, renovated, excavatec'
relocated, or demolished until a certificate c
appropriateness regarding any exterior archi.
to.ctural features (and interior archi t.ecturc
fcatures in the case of designated histori.
interiorH), landscape features, or site in
provements, has been approved under the prOCE
dures in this chapter.
(2) A certificate of appropriateness shall also t
required for any material Change in existin
walls, fences, sidewalks, and changes of color
1l3) Plan approval required. No certificate of appropri
a t.eness wi 11 be approved unless the archi tectura
plans for such construction, reconstruction, reloca
tion, al teration, excavation, restoration, renova
\:ion, or demolition are apprOved by the Histori
Preservation Board.
(C) Relocation. Reh1cation of a bUilding or structur
shall .include, hut not be limited to movinq
bUilding or structure into or within any histor.i.
distri.ct, and moving n historic bUilding or struc
turc within or out of the City or any histori.
district.
(D) Certificat.e not required. A certificate of appro
prj ,~telless will not be required for general, occa
sional maintenance of any historic bUilding, inter
ior, structure, OJ: site, or any bUilding or strue.
turR wit.hin a historic district. General, occa.
sional maintenance shall include, but not be limite,
to lawn and landscaping care and minor repairs thaI
r"5 tore or maintain the historic site or curren'
chalaCt.er of the building or structure. General.
occasional maintenance shall not inclUde any of thE
1'.
URD. NO. 109-88
._-~---~._--------------
accivities described and defined in Sec. (A) thraue
ID) of this section. A certificate of appropriate
fLe;SS '.vill not be required for any interior alter<
tion (except for designated historic interiors:
construction, reconstruction, restoration, (enov!
tion, or demolition. General, occasional maint~
nance and repair shall also include any ordinal
maintenance which does not require a bUilding permi
from the City.
'.;ection 10. That Chapter
"Certificate of Appropriateness", Sec.
the Code of Ordinances of the City of
repealed in its entirety and a new Sec.
hereby enacted as follows:
174, "Historic Preservation'
174.31, "Review Guidelines" c
Dellay Beach, Florida is hereJ:
174.31, "Review Guidelines", j
Sec. 174.31 Review Guidelines.
(;<\) The Historic Preservation Board will utilize tt
most re~ent United States Secretary of the Ir
terim.' s Standards for Historic Rehabilitation ar
Guidelines for Rehabilitating Uistoric Buildings a
the standards by which applications for certificate
of appropriateness are to be evaluated. TheE
Juidelines ~re intended to promote the maintenance
restoration, economic viability, improvement i
economic values, and adaptive and new uses of tr
pr:()pel.ty. It is also the intent to promote visuall
'..;ornpatiDl,~, contcmpol:-ary desi~rns that a.re harmoniou
wi th the: exterior arclli. tel:tural and landscar
featu.res of adj accnt, neighbor.i.ng, or visuall
related buildings, structures, sites, an
;JtreetscapeB.
(B) ~pplications for certificates of appropriatenes
must be made on forms approved and provided by th
B:->ard. Applications shall include required forn:
itld ilppropr iate si t'e plans, architectural drawings
photographs, sketchf's, descriptions, renderings
surveys, docurnen ts, or other information needed !)
the Board r.o gain a clear understanding of th
applicants planned ill teration, construction, reCOIl
sL..ruction, relocation, restoration, renovation, 0
deml:lition.
(C) The guidelines for certificates of appropriatenes
will be consistent and harmonious with the criteri
for designation defined and described in Sectio
,174.10.
(D) The Board shall consider evidence of undue economi
hardship in its review of applications for Certifi
'~ates nf. Appropriateness.
(E) Buildings, structures, and appurtenances shall onl
be moved, reconst ructed, al tcred, or maintained .i:
accordance with this chapter, in a manner that wil
~
I
ORD. NO. 109-88
pr'C'servG
character
district.
the
of
historic goal and arr.hitcctun
the building, structure, site, (
(F) tn considering proposals for 13.1 terat.ions to tr
exterior of historic buildings and structures ar
for alterations to interiors of designated histori
interiors, and in applying development standards ar
designation criteria, the documented, origin<
desi\Jn of the building may be considered among othE
factors.
(G) Relocation of historic buildings and structures t
other sites Ghall not t<lke place until it is shu"
that their preservation on their existing or rn;
ginal sites is not consistent with the purposes (
the chapter or would (;ause undue economic hardshi
to the property owner.
(H) D(~mol i tion of historic sites, archeological sites
or bui Idings, structures, improvement.s and appurtE
nances Iolithin historic districts will be r.egulatE
by the Historic Preservation Board in thc manne
prescribed in this chapter.
II) The construction of now buildings or structures, C
the relocation, alteration, reconstruction, or majc
repair or maintenance of a non-contributing buildin
or structure within a designated historic district
and all improvement s to buildings, struct.ures
landsr.ape features, and apPul-tenances within
designated historic district shall be visuall
compatible. Visual compatibility will be defined i
terms of the following criteria:
'(1)' Height. The height of proposed buildings 0
modifications shall be visually compatible i
comparison or relation to the height of exist
ing structures and buildings.
(2) Front facade proportion. The front facade 0
each building or structure shall be visuall
compatible with and in direct relationship t
the width of the building and to the height 0
the front elevation of other adjacent 0
adjoining buildings within a historic district
(3) Proportion of openings (windows and doors)
The openings of <'lilY buildings within a hi.stori
di.se.riet shall be vi.sually compatible with th
openings exemplified by the prevailing histori
architectural styles within the district. Th
relationShip of the width of windows and door
to the height of windows and doors amon
buildings within the distriot shall be visuall
c:ompatible.
8
orm. NO. 109.-88
(1) 'Rhythm of soli-ds to voids: front facades. Th
relatiollship of solids to voids in the iron
facElde of a D\lilding or structure will b
visually compatible with the front facades 0
historic bUildings or structures within th
district..
( S) Rhythm of buildings on streets. The relation
"hip of bUildings to open space between the
3nd adjoining buildings shall be vLsuall
~ompatihle with the relationship betwee
historic sites, hUildings, or structures withi
2 historic district.
(Ei) Rhythm of entrance dlld/or. porch projcctions
TilE, relationship of entrances and porch prcJj"c
~.ions to the "idewalks of rt bUilding shall b,
vj sually compaU.ble .",i.th the prevalent archi.
~ectural styles of entrances and porch projec
tions on historic sites, bUildings, and struc.
tures within a historic district.
(7) RelationShip of materials, texture, and color.
Thc~ r.eJ a t.i.onp.hip of materials, texture, anc
c:olo1' of th(~ facade of a bUilding shall bE
"l isually compatible '.-:i th the predominant
materials used in the histor.i.c sitcs, build'
ings, and structures within a historic dis-
trict.
( 8) Roof shapes. The roof shape of a building or
structure shall be Visually compatible with the
r.oof shape of a historic site, bUilding, 01.
structure within a historic district.
(9) Walls of continuity. Appearances of a building
or structure such as walls, wrought iron,
fences, evergreen landscape masses, or bUilding
facades, shall form Cohesive walls of enclo-
Sure along a street t.o insure visual compati-
bility of the bUilding to historic bUildings,
structures, or 8i tes to which it is Visually
related.
(10) Scale of a bUilding. The size of a building,
the bUilding mass in relation to open spaces,
'.vindows, door openings, balconies, and porche.';
3h,,11 be visually compatible with the bUilding
,; i zc and and building mass of historic sites,
bUildings, and structures within a historic
district:.
(1.]) Dicectional expressi.on of front elevation. 11
builrl.ing shall 0.3 visually compatible \vJ.th the
bU:ilGiugs, structures, and sites in its din~c-
li.onal c:haracter, whether vertical, horizontal,
~r non-directional.
q
OR!). NO. 109,,88
(Or,
>"
Visual compatibility standards will be furlhe.
discussed in greater detail in the Delray Beact
?reservation and Conservation Manual. Said Manual
will bp. developed :is a guide to assist propertj
owners dS they seek to nominate their properties for
designation as il his'coric site, historic interior,
or to designate an area within the City as E
historic distr.ict, as ~Iell as provide further visual
compatibility standards for certificates of appro-
priateness.
Section 11. That Chapter 174, "Historic Preservation",
"Certificatc of Appropriateness", Section 174.32, "Initiation anc
Procedur.e", of the Code of Ordinances of the City of Delray Beach,
Florida is hereby amended by amending subsections 17 4.32 (A) (3) ,
174.32(B), 174.32(D) and 174.32(E) as follows:
174.32 Initiation and Procedure.
A. The following departments and agencies of the City
shall notify the Historic Preservation Board of any
of the following activities that affect any desig-
nated historic site, or any building, structur.e, OJ:
site within a designated historic district:
( 3) Community Appearances Board. Any request or
application presented to the Community Appear-
ances Board, or any general proposal considered
by this Board, that affects any designated
historic site, D.I; building, structure, or
archaeological Bite loJ! thin a desi.gnated his-
te>ric district.
(B) An application for a Certif icate of Appropriateness
rnust be filed l'le - :l:1:lj,er -.~l1al\ -\;en-ea:l:el'ldar -day~ -1'lr~el;
t"-any-mee~~l'l~-e~-ehe-H~B~er~e-preBerVa~~el'l_Beard_a~
'~f:~eh -"tieh -1\1='l'l:i:ea~i:ell - iB - ee -be -heard. with the
Planninq and Zoning Department by the first Friday
of the month. The apfl:l:~ea~ief\ applicant shall pay a
filing feer the Bmount of which shall be determined
by the Board and approved by the Commission, and no
application will be accepted by the Board unless it
contains all required and pertinent information and
is accompanied by the reguired fee.
(D) The Hi.storic Preservation BOilrd will ae~ take final
action upon the application within f~f~eel'l a reason-
able time, but in no event later than ninety (90)
calendar days nf receipt of the application ~ or7
if-a-~~e~~ffl-is-no~-p~eBen~7-a~-a-Sl'eeial_mee~il'l'_~~
Be-held -w:i-'ehil'l 0.1:4 o-ee:l:enda~ .-clays -af'eer -HIe -iniHai
:!1~el;in'7 -provided -~he -appHea'e~ol'l -llIee'es -~he -~B:ill'3"
fe:e.rttirel'tlellt'.~ -/tB -5efined -in -'l!his -seeeien.. Nothing
herein will prohibit a continuation of a hearing on
an application which the applicant requests or to
~lnicl1 the applicant consents.
1.0
ORD. NO. 109-88
: E) The BOCtrd may ad'/ise the :tpplicant and make reco::,
mendations in regard to the o:lppropriateness of th,
.'lpplica t lc,n. 'f'he -. BOa1'e-/!1t\y-ee:!:aY-f! il'lal -aetiol'l -1:I1'11:i:
j.t->~ -Next -t'e~l:J:!:at'!Y-~~he41:1led -lt1eetil'l97 -81'7 -if! --eh,
B"'a~e. -.':to -er.et>1:les -<11'16 ..the -i'l1">:!,,3:.i:eal'l~ -a"l'rees,. -ltl'leil: '"
."peeial -meetil'l<:l -w:i:thil'l -:1:4 -aliYs -or -ehe -m!::etil'l<:l -el
.'hie}; .-t->he -ap1"'}iccte.i:el'l "wa.!l--f.i:rst -eel'lsidered-is -he:l:ci,
IfI-l'e -ease -wiB: -l:he -B"al"d-de3:ay 'fil'lal-aeeiOl'l-ell -fth~
d~l=':!:iedeiel'l -fer -ffier-e '"1:hall -&6 -eE\:!:el'1aal:c -days "aftel
.'l1:leh - a:r.p:!::i:e a ~iell. - i s - J'erlfla:!::!: y- ere1:lgh t.- the - Beard ':"
Sect.ion 12. That Chapter 171, "Historic Preservation" ,
"Certificate", Section 174.3.3, "Demolition", of the Code of Ordinance,
is hereby rGpealed in its entirety and a. neYl section 174.33, "Demoli-
tion" i" hereby enacted as follOlvs:
Section 174.33 Demolition,
(A) Request for Demolition by Property Owner.
( 1) The Board upon a request for demolition by c
property owner,
guidelines in
Certificate of
of designated
interiors, or
appurtenances
districts;
shall consider the follo'Ninc;
bvaluating applications for c
Appropriateness for demoli tior
historic sites, historic
buildings, structures, 01
within designated historic
(a) \~het:her the structure is of such inter'est
or quality that i.t would reasonably
fulfill criteria for designation for
listing on the national register.
(b) ';lhether the structure is of such design,
craftsmanship, or material that j. t. c0uld
De reproduced only with great difficulty
and/or economically nonviable expense.
(c) Whe:ther the structure is one of the last
remaining examples of its kind in the
designated historic district Ylithin the
City.
! cl) Whether reta.ining the structure would
promote the gener"l welfare of the City by
prOViding an opport.uni ty to stUdy local
history, architecture and design, or by
developing an understanding of the impor-
tance and value of a particular culture
and heritage.
(e)
Whether there are definite plans
inullcdiate reuse of the propcr"ty if
pruposed demoli t.ion is carried out,
what: affect those pl.:ms will have on
character of the surrounding area.
for
the
and
the
11
ORD. NO. 109-88
(2) Nu decision of the Bo~rd shall result in undu
economi.c hardship for the property owner. Th
F\osrd shall have authority to determine th
8xistence of such hardship in accordance wi. t
the definition of undue economic hardship foun
in [chis cho:lptc,r..
(3) The Board' scefusal to grant a Certificate 0
ll!>propriatenessrequested by a property owne
for the purpose of demolition will be supporte
by a written statement describing the publi
interest that the Board seeks to pr.eserve.
(4) The Board may grant a Certificate of Appropri
a teness, as req\iested by a property owner, fo
demolition which may provide for a delaye,
effective date. The effective date of th,
Certificate will be determined by the Boar,
b~sed on the relative significance of t~
structure and the probable time required t<
arrange a possible alternative to demolition
The Board may delay the demolition of designat.
ed historic sites and contributing bUilding:
within historic districts .for up to six month:
while demolition of non-contributing buildin~
within the historic district may be delayed fOJ
up to three months.
(5) During the demolition delay period, the Boare
may take such steps as it deems necessary tc
preserve the structure concerned. Such StE'P1
may include, but are not limited to, consulta-
ti on with community groups, public agencies,
and interested citizens, reco~~endations fo!
acquisition of property by public or private
bodies, or agencies, and exploration of the
possibility of moving one or more structures O!
other features.
(6) The Board may, Ylith the consent of the propert}
owner, request that the owner at the owner' 1:
.lxpense, salvage and preserve specified classes
of building materials, architectural details
and ornaments, fixtures, and the like for reuse
in the restoration of the other historic
properties. The Board may, with the consent of
t he property owner', request that the Delray
Beach Historical Society, or the owner, at the
owner's expense, record the architectural
details for archival purposes prior to demoli-
t iOll. The r'ecor'ding !nay include, but shall not
be limited to photographs, documents and scaled
architectural drawings. At the Board's option,
and with the property owner's consent, the
Board or the Delray Beach Historical Society
may salvage and preserve building materials,
12
ORD. NO. 109-88
.__ _0_..___
._---~~---------
(B)
"rchitc'ctural d0tails and ornaments, teXtuLe[
and the like at their expense, respectively.
Unsafe Structures. In the event the Chief Btlildin,
Official determinee that any structure ~Iithin a desig-
nated hi.storic site or designated historic district iE
unsafe pursuant to the applicable Code of Ordinances, the
Chief BUilding Official will immediately notify the Boarc
of hi.s findings. Where appropriate and in accordance
with applicable ordinances, the Chief Building Official
will attempt to have the structure repaired rather than
demolished, and will take into consideration any comments
and recommendations by the Board. However, the provi-
sione contained within subsection 174.33(A) shall not
apply to the Chief Building Official's declaration that a
bUilding is unsafe, nor will the Chief Building Official
be precluded from taking whatever steps, as may be
required by applicable ordinances to protect the public
health and safety of the community. The Board may also
endeavor to negotiate Ylith the owner and interested
parti~s, . provided such actions do not interfere with
procedures in the applicable ordinances.
Section 13. That Chapter 174, "Historic Preservation" ,
"Historic Preservation Board", Section 174.40, "Creation; Composition",
of the Code of Ordinances (Jf the City of Delray Beach, Florida is hereby
amended by amending subsection .l74.40(B) and subsection 174.40(C) as
follows:
Sec. 174.10 Creation; Composition
.
(B) A Initially a five-member committee, whose member-
ship will include the Chairman of the Planning and
Zoning Board, the President of the Delray Beach
Historical Society, the Chairman of the Communi ty
Redevelopment Agency (CRA), Chairman of the
Community Appearance Board, and one member selected
by the Commission, will nominate member's of the
board to the Commission. All such nominees and all
future historic board members shall be residents of
t.he City and/or have their principal place of
business ill the City; each nominee shall represent a
broad geographic area of the City.
(C) The commi t.tee will make nominations wi thin 30 days
fOilowing the passage of this chapter. Thereafter,
3fter advertiSing the vacancy according to City
policy, the l'lem~l'Iaeil'l<:l--eemmietee--shaii__meee__te
nomil'lElee -flew -BoaI'd -llIembers -er Preservation Board
shall recommend to the City Commission, nominees to
fill vacancies as the need arises. The ee~bieeee~s
boards nominations are subject to approval by the
Ci ty Commission. ..
Section 14. That Chapter 174, "Historic Preservation",
"Historic Preservation Board", Section 174.43, "Powers and Duties",
subsection i 7 4. 4j (F); of the Code of Ordinances of the City of Delray
11
ORD. NO. 109-88
Beach, Floriaa is hereby repealed in its entirety, and a new subsection
174.4J[F) is hereby enacted to read as foliuws:
(F) /lct in lieu of Board of Adj ustment" The Board is
empoYlored to grant variances for propertiGs
designated as historic sites, and for properties dnd
signs wi thin designated h.Lstoric districts.
Section 15. That C:hapter 174, "Historic P17eserva tion" ,
"Administrat.ion and Enforcement",. Sections 174.50, "Variances", 174.51,
"Amendments to Designations", 174.52, "Maint,enance and Repair", 174.53,
"Unsafe Structures", 171.54, "Emergencies", 174.55, "Inspections", and
174.56, "Undue Economic Hardship" of the Code of Ordinances of the City
of Delray Beach, Florida are hereby repealed in their entirety.
Section 16. 't'hat Chapter 171, "Historic Preservation" ,
"Administration and Enforcement", is hereby amended by enacting a new
section 174.50, "Emer.gencies", t.o read as follows:
Sec. 174.50 Emerqencies.
For the purposes of remedying emergency conditions
determined t:o be . imminent ly dangerous to life, health, or
propet"t.y, nothing cont.ained herein will prevent the making of
any temporary construction, reconstruction, demolition of
limited scope and effect, or other repairs to a historic
bUilding or a bUilding, structure, improvement, landscape
feature, or archeological site wi thin a designated historic
district. Such temporary construction, t"econstruction or
demolition of limited Scope and effect will take place pur-
suant to permission granted by the Chief Building Official,and
provided that only such work as is reasonably necessary to
correct such conditions may be carried out. The owner of an
improvement damaged by fire or natural calamit.y will be
permitted to inunediately stabilize the improvement and to
rehabili tate it later under the procedures required by this
chapter. The owner may request a special meeting of the
llistoric Presel'vation Board to consider an application for a
certificate of appropriateness which would provide for repairs
of a more permanent nature.
Section 17. That Chapter 174, "Historic Preservation",
"Administ"catiol1 and Enforcement", of the Code of Ordinances of the City
of Delray Beach, Florida is hereby amended by c~nacting a new Section
174.51, "Inspections", to read as follows:
Section 174.51 Inspections.
The Department of Development and Inspection, the Engi-
neer'ing Department, the Fire Department, and the PlaIlning
Department will assist the Historic Preservation Board by
making any appropr ia te inspec t:ions to enforce this chapter.
't'llc Chief Building Official is authorized to st,op any work
attempted to be accomplished without or contrary to any
certificate of appropriateness required by this chapter. The
Chief Building official will endeavor to assure that any work
not in accordance with an issued certificate of appropriate-
14
ORD. NO. 109-88
ness will be volnntari1y corrected by the property ol.o/ner to
~0mply Ylith any certificate of appropriateness.
Section 18. 'rhat Chapt.er 174, "Historic Preservation",
"Administration and Enforcement", of the Code of Ordinances of the City
of Delray Beach, Florida is hereby amended by enacting a new Sect.ion
174.52, "Building Codes Enforcement", to read as follows:
Section 174.52 BUildinq Codes Enforcement.
Structures, buildings, improvements, and appurtenances
U sted individually on the local rC'-gister or jUdged as con-
tributing to the character of it designated historic district
may be eligible to received modified enforcement of standard
building codes, as provided by Chapter 1, Section 101.6 of the
Standard BUilding Code adopted hy reference in Section
150.015.
Sect.ion 19. That Chapter 174, "Historic Preservation",
"Administration and En:fol'ccment", of the Code of Ordinances of the Cj ty
of Delray Beach, Florida is hereby amended by enacting a new Section
174.53, "Undue Economic HardShip", to read as follows:
Section 174.53 Undue Economic HardShip.
In any instance where there is a claim of undue hardShip
as defined in this chapt.er, the property owner may submit to the His-
t.oric Preservation Board within a reasonable time prior to the meeting
of the Board the fOllOWing documented information:
(A) For all property:
(1) The amount paid for t.he property, the date of
purchase, and the party from whom purchased;
(3)
(4 )
( S)
(6 )
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(2 )
The assessed value of the land and
thereon, according to the tl.o/O
assessments;
improvements
most recent
Real estate taxes for the previous two years;
Annual debt service or mortgage payments, if
any, for the previous two years.
All appraisals, if any, obtained within the
previous two years oy the owner or applicant in
connection with the purchase, finanCing, or
o\olnersbip of the property;
Any listing of the property for sale or rent,
prir;e asked, and offers received, if any; and
Any consideration by the owner as to profitable
adaptive uses for the property, inClUding but
not limited to Possible fair market rents for
the property if it were rented or leased in its
current condition.
15
DRD. NO. 109-.88
(D) For income property (actual or potential):
( 1) The "lnnUal gross illcome from the property for
the previous two years, if any;
(2) The annual cash flow, if any, for the previous
two Y<'lars; and
(3) The status of leases, rentals, or sales for the
previous two years.
(C) An applicant may submit and the board may require
tha t an applicant furnish additional information
relevant to the Board's determination of any alleged
undue economic hardship. The Board may also reo.
quire, in appropriate circumstances, that informa-
tion be furnished under oath.
(D) In the event that any of the required information is
not reasonably available to the property owner and
cannot be obt.ained by the property owner, the
property owner shall file statement of the informa-
ti on which cannot be obtained and the reasons why
such information cannot be reasonably obtained.
Where such unobtainable information concerns re-
quired financial information, the property owner
will submit a statement describing estimates which
will be as accurate as arc feasible.
Section 20. That Chapter' 174, "Historic Preservation",
"Administration and Enforcement", of the Code of Ordinances of the City
of Delray Beach, Florida, is hereby amended by enacting a new section
174.54, "Variances", to read as follows:
Sec. 174.54 Variances.
(A) The Historic Preservation Board shall act in lieu of the
Board of Adjustment concerning variances from the terms
of existing ordinances for properties within Historic
Districts, for Historic sites, and for properties listed
on the Local Register of Historic Places.
(B) The Board shall not grant a variance from the terms of
existing ordinances unless and until:
(1) 1\ written application for a variance is submitted
demonstrating:
(a) '['hat a varic.nce would not be contrary to the
public interest, safety, or welfare.
(b) That 1>pecial conditions and circumstances
exist, because c'f the historic setting, loca-
t.i.011, nil ture or chariicter of the land.
st Y1Jr:ture, a.PP\:rtenance, sign or building
.; nvol ved, which are not applicable to other
1 ,-,ods, structures, appurtenances, signs or
buildi n<]s in the same ;:oning district, which
16
ORD. NO. 109-88
------------------ ..----.-.-.--
------------..---
}'cl.va noL
histuri c
Register
been ~esignated as historic
district nor listed on
of Historic Pl.aces.
sites or 2.
the Local
Ie) Literal interpretation of the provisions of
exist ing ordinances would alter the historic
character of the historic district, or historic
site to such an ext.ent that it would not. be
feasible to preserve the historic character, of
the historic district or historic site.
(d) The variance regUF:sted is the minimum necessary
to maintain the preservation of the historic
character of it historic site or of a historic
dL,;trict.
( 2) Notice of the public hearing shall be given in
accordance .!i th the fOllowing:
(d) The ownen; of all property located 300 feet
surrounding the subject: parcel shall be noti-
fied by regular mail of the date and purpose of
the public hearing. The applicant shall submit
a drawiny showing the location of all property
lines within 300 feet surrounding the subject
parcel and a complete Ii st of the property
owner's names, mailing addresses and legal
descriptions. The owners of property shall be
those recorded on the latest Offi.cial County
Tax Rolls. Such list shall be accompanied by
an affidavit stating that, to the best of the
?lpplicant's kno,^'ledge, said list is complete
and accurate.
(b) Nailing shall be al least ten (10) days in
advance of the public hearing so that owners
may be represented in person or by proxy. For
notification purposes, t.he owners of property
shall be thus recorded on the latest Official
County Tax Rolls.
(3) Notice of the public hearing shall also be posted on
one of the bUlletin boards located in the lobby of
Cit.y Hali at least ten (10) days prior to the public
head.ng.
(1) Th0 public hearing shall be held, at which time any
pal'ty may appear in person or bE' represcnted by an
~gf.'nt or by an attorney. The Board shall make
f :Lndings lhat. the requirements of subsection (B) ( 1)
<Ibove have been met by the applicant. The Board
shall also make a finding that the reasons set forth
in t.he application j"lstifies thc granting of the
variance and that the variance is the minimum
variance that will make possible the reasonable use
of the land, bUilding, or structure.
17
ORD. NO. 109-88
(S) The Board <;hall fllrth8r make a fi.nding that the
granting of the variance will be in harmony with the
genera 1 purpose and intent of existing ordinances,
will not be injurioUf3 to the the neighborhood, or
otherwise detrimental to the public welfare.
(6) Conditions. In granting any variance, the Board may
prescribe appropriate conditions and safe guards in
conformity with existing ordinances. Violations of
such conditions and safegllards, when made a part of
the terms under which the variance is 9ranted shall
be deemed in violation of existing ordinances and
punishable under Sec. 173.99 of this Code.
(7) Variances prohibited.
(7\) Use variances. Under. no circumstances shall
th(l Board grant a variance to allow use not
generally permitted or by conditional use
allowed in the zoning district involved, or any
use expressly or by implication prohibited by
the ter.ms of existing ordinances in said zoning
district.
IE) Landscapinq Ordinance. The Board is hereby
expressly prohibited from grant ing a variance
from any of the requirements, terms or condi-
tions set forth in Chapter 159.
(C) Street and Sidewalk Ordinance. The Board is
hereby expressly prohibited from granting a
variance from any of the requirements, terms or
r;ondi tions set forth in Sees. 150.045
150.050.
(:3) Th,~ concurring ilot.e of four members of the Board
shall be llecessary to affect any variation in the
application of existing ordinances.
(9) Apyedls. Any person or persons, or any Board,
taxpayer, department, board or bureau of the City
aggrieved by ilny decision of the. Board concerning
variances, may seek review by a court of record of
such decision as per.mitted by general or special
law.
(lO) The Chairman, or in his/her absence the Actinq
Chairman, may administer oaths and compel the atten-
dance of wi tnesses. All meetings shall be open to
the public.
( 11) The Board shall keep minutes of its proceedings,
showing the vote of each member upon each question,
or if absent or failing to vote indicating such
fact, and shall keep records of its examinations and
othe.r official actions, all of which shall be a
public record.
18
ORD. NO. 109-88
-~--------._~------~ --------------.-------.--------
(12) /; Vari<iilCe from the terms of existing ordinances
shall only be granted to preclude unnecessary hard-
ships and to maintain tho historic character of the
building, structure or district.
(13) The ~pplicant shall pay a filing fee, the amount of
which shall be determined by the Board and approved
by thc City Commission.
Section 21. That. Chapte.r 174, "Historic Preservation",
"Administration and Enforcement", Sec. 174.99, "Penalty", of the Code of
Ordinances of the City of Delray Beach, Florida is hereby repealed and a
nc\v Section 174.99, "Penalty", is hereby enacted as follows:
Section 174.99 Penalty.
Any person who carries out or causes to be carried out
any work in violation of this chapter, shall be required to restore the
subject improvement, building, site, structure, appurtenance, or land-
scape feat.ure, either to its appearance prior to the violation or in
accordance with its certificate of appropriateness required by the
Historic Preservation Board. In addition, the Code Enforcement Board
shall have jurisdiction over any violations of this chapter and may levy
a fine to insure compliance. Additional remedies include enforcement
through a court of competent juriSdiction, wherein a fine of not less
than $100 per day, per violation shall be assessed from the date upon
which t,he work is cited as being in violation. The aforementioned
remedies. shall be in addition to and not in lieu of any other civil
remedy.
Section 21. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, word, be
declared by a court of competent juriSdiction to be invalid, such
decision shall not effect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 22. That all ordinances or parts of ordinances in
conflict herewith, be and the same are hereby repealed.
Section 24.
immediately, upon second
Tha t this ordinance
and final reading.
shall become
a effecti 1f0>
PASSED 7'.ND ADOPTED in regular session
reading this day of
on second and
, i.98fl.
final
I'J A Y 0 R
ATTEST:
City Clerk
FirE:t Reading
3econd Reading
19
OR)). NO. 109-88
ITEHS TO SUBMI'f WITH HISTORIC PRESERVATION BOARD VARIANCE
1. Rec"nt legal survey of property.
2. Plot plan of proposed changes; all drawings shall be made
scale; the acceptance of the plot plan \-lith the applica-
tion shall be subject to the approval of the Chief
Building Official or his designated staff.
3. Photographs of all elevations of each building or struc-
ture on the subject property must bc attach'ed to this
application. If the sUbject property is vacant, photo-
graphs of t.he entire site must. be attached. Photographs
from a related application for a Certificate of Appropri-
ateness may be referenced.
4. List of property owners within 300' radius of property and
r.adius map. These two items can be obtained at:
Palm Beach County Court House Annex Office
Property Appraiser's Office
345 South Congress Avenue
Delray Beach, Florida 3.3445
Telephone - 276-1200
The list of property owners must include addresl,es with
zip codes. When condominiums are involved, the names and
addresses of all owners must be submitted.
5. $137.50 check made payable to the City of Delray Beach.
6. A written statement to the Historic Preservation Board
demonstrating how the proposed variance relates to the
appropriateness requirement of Section 174.54IB)(1)(4)(5)
and (12), of the Historic Preservation Code.
7. ContaGt person is Donna Quinlan in the Building Depart-
ment. Telephone, 243-7203.
8. The Board meets on the third Friday of the month. All
material must be submitted 30 days prior to meeting to the
building department.
All applicable questions must be answered on tlw application
and it is recommended that all applications be submitted in
person.
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AGENT AUTHORIZATION ~
Appeal #
COA ~
Owner(s) of Record:
STATE OF FLORID]>.
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, personally appeared
who, being first dUly sworn upon
says that they are the owner (s)
described real property:
oath and personal knowledge
of record of the fOllowing
the street address of which is
and that we hereby appoint:
Name:
Address:
Telephone No.
as our authorized agent, to file
respect to Appeal # , with
Historic Preservation Board. and to
Hearing regarding this appeal.
any and all papers with
the City of Delray Beach
represent me (us) at any
(SEAL)
( o-,EAL)
(SEAL)
SWORN TO AND SUBSCRIBED before me this
19
day of
Notary Public
My Commission Expires:
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REQUEST FOR ~ VARIANCE TO THE
CITY OF DELRAY BEACH HISTORIC PRESERVATION J:lOARD
Appeal #
Recei.pt #
Date of Filing
Fee
COl>, #
(1) The undersigned applicant (oS) hereby files this Variance
Request, requesting a variance pursuant to Section 174.54
of the Historic Preservation Code of the City of Delray
Beach.
(lA) Zoning District
(2) The owner{s) of record is (are):
(3) The legal description of the subject property is
(4) Other than thi.s Variance Request, please state whether you
or your predecessorls) in title has ever filed a Variance
Request with the City of Delray Beach Historic
Preservation Board regarding the subject property. If so,
please state the nature of the Variance Request, the date
the Variance Request was filed, the Variance Request
number, and whether the Variance was granted or denied:
IS) If the Variance requested is granted, the effect will be
to
(6) Check applicable space below:
Code Requirement
Request
FRONT YARD SETBACK
SIDE YARD SETBACK
REAR YARD SETBACK
PARKING
HEIGHT
FLOOR AREA
OTHER
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(7) Please attach a separate sheet{s) demonstrating how the
proposed change relates to the appropriateness
requirement, in compliance with Section l74.54(B)(l)(4)(S)
and (12) of the Historic Preservation Code of the City of
Delray Beach.
Any person or persons or any board, taxpayer, or department of
the City aggrieved by any decision of the Historic Preservation
Board may seek review pursuant to Section 174.S4(B)(9).
The undersigned applicant{s) certifies under penalties of
per:j ury lha t: illl the statements contained in this Variance
Request including any statements attached to the Variance
Request or any papers or plans submitted herewith are true and
cor-rect.
Date:
Owner of Record
(Authorized Agent)
Address:
Telephone No.
Date:
Owner of Record
(Authorized Agent)
Address:
Telephone No.
If the owner(s) of record have appointed an Agent to file this
Variance Request, an authorization form signed by the owner(s)
of record authorizing said agent to represent his/her (their)
intcnlst (s) in this Variance Request, must accompany this
Variance Request.
SCHEDULE OF HEARING
Hearing Dil.te:
Time:
8:00 am
Flaee:
City Hall, 100 NW 1st Ave. Delray
Beach
Date First Advertised:
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HISTORIC PRESERVATION BOARD
(a) Findings of Fact:
(h) V?t~'_L':j.n~" C":::':U''ltcc1:
Var.i ilnce Denied:
Other:
(c) Conditions Imposed:
Ddte:
Chairman
Historic Preservation Board
ACTION OF THE BOARD:
APPROVAL
BOARD MEMBER WITt]
SIGNATURE APPROVAL DENIAL MODIFICATIONS ABSTAIN
[ ] [ ] [ ] [ ]
[ ] [ ] [ ] [ ]
[ ] [ ] [ ] [ J
l ] [ 1 [ ] r 1
[ ] [ ] [ ] [ ]
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II GENT AUTHOR I ZATION FORM
Appea.l #
COA #
Owner(s) of Record:
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, personally appeared
who, being first duly sworn upon
says that they are the owner ( s )
described real property:
oath and personal knowledge
of recor'd of the following
the street address of which is
and that we hereby appoint:
Name:
Address:
Telephone No.
as our authorized agent, to file
respect to Appeal # , with
Historic Preservation Board, and to
Hearing regarding this appeal.
any and all papers with
the City of Delray Beach
represent me (us) at any
(SEAL)
(SEAL)
SWORN TO AND SUBSCRIBED before me this _ day of ,
19_
(SEAL)
Notary Public
My Commission Expires:
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Applicant Name
Applicant Phone Nwnber
CITY OF DELRAY BEACH
I1ISTORIC PRESERVATION BOARD
APPLICATION FOR A
CEH'l'IFICA'.rE OF APPHOPRIATENESS
SUBMIT to the Planning & Zoning Department
OFFICE USE:
COA File No.
Date of Filing
Fee
Sent to Department of Development
and Inspecti.ons (Bui.lding Dept.)
(Date)
Sent to Historic Preservation Board
(Date)
(1) Legal descri.ption of the subject property
(2) Zoning Distriet
(3) Street address of the subject property
(4) Owner(s) of record
(5) Audress(es) of Owner(s)
(6) Name of Applicant(s)
(7) Address(es) of Applicant(s)
(8) Applicant is: Owner [] Lessee [] Other:
(9) Historic Site Designation Number:
(10) Historic District in which the subject property is
located:
Pil9re 2
COA File No.
I. CLlISSIFICNl'ION OF WORK FOR WHICH THE CERTIFICATE OF
APPROPRIATENESS IS DESIRED (CHECK APPROPRIATE ITEMS):
[ ] Maintenance or Repair: The act or process of applying
measures to sustain the existing from, integrity and
material of a building or structure and the existing form
or vegeta ti ve .cover of a site that require? a building
permit. It may include initial stabilization work, where
necessary, as well as on-going maintenance and repair.
[ ] Restoration: The process of accurately recovering the
form and details of a property and its setting as it
appeared at a particular period of time by means of the
removal of later work or by the replacement of missing
earlier work.
[J Renovation: The process of returning a property to a
state of utility through repair or alteration which makes
possible an efficient contemporary use while preserving
those portions or features of the property which are
significant to its historical, architectural and cultural
values.
[ ]
Excavation: The process of
dig to recover artifacts,
archeological features.
performing an archeological
historical materials or other
[J Demolition: The process of destroying or tearing down a
building or structure or a part thereof, or the process of
removing or destroying an archeological site or a part
thereof.
[J New Constr\Jction: The process of constructing a building
or structure that has never existed at the location.
[J Relocation: The process of moving a building or structure
from its current foundation to another site.
[ ] Walls, Fences and Sidewalks: The process of making any
material change in existing walls, fences and sidewalks,
or construction of new walls, fences and sidewalks.
[ ]
Change of Color:
exterior of any
sidewalks or any
The process of changing the color of the
buildings or structures, walls, fences,
other architectural features.
Page 3
COA File No.
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CLASSIFICATION OF WORK (CONTINUED FROr1 PREVIOUS PAGE)
[] Landscaping: The process of improving the landscape
features which includes, but is not limited to, subsurface
alteration, site regrading, fill deposition, paving,
landscaping, courtyards, and exterior lighting.
[] Interior Alter'ations: The process of altering the
architectural features of any interior spaces where the
interior has been given historic designation under Article
III of the Historic Preservation Code.
[] Siqnaqe: The process of installing or altering signs,
billboards, advertisements or any other signage.
II. PHOTOGRAPHS
Photographs of all elevati.ons of each building or
structure on the subject property must be attached to
this application. If the subject property is vacant,
photographs of the entire site must be attached.
III. DESCRIPTION OF THE PROPOSED PROJECT:
Explain what changes will be made.
if necessary.)
(Attach continuation sheets
Building features:
Environmental features:
(Subsurface alterations, site
deposi tion, paving, landscaping,
etc. )
regrading, fill
exter ior lighting,
Page 4
COA Pile No.
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IV. OVERALL DESCRIPTION OF THE WORK PLAN
Explain the chJ:onology of the work involved and describe all
new construction, excavation, demo1iti.on. and relocation that
will be required. 1 f complete or partial demolition is
involved, also complete the Demolition Section of this
Application.
Pa~]e 5
COA File No.
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V. DEMOLITION
Explain Ivhy the proposed demolition should occur.
continuation sheets if necessary.)
{Attach
The Delray Beach Historic Preservation Board will consider the
following factors in reviewing requests for demolition:
A.
Is the structure of
reasonably fulfill
National Register?
such interest or quality that it would
criteria for designation on the
B. Is the structure of such design, craftsmanship or material
that it could be reproduced only with great difficulty
and/or economically unviable expense?
c.
Is the structure one of the
kind in the neighborhood,
district?
last remaining examples of its
City or designated historic
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D. Would retaining the structure promote the general welfare
of the City of Delray Beach by providing an opportunity to
study local history, architecture and design, or by
developing an understanding of the importance and value of
a particular culture and heritage?
E.
AI'e there
property if
what effect
surrounding
definite plans for i~nediate reuse of
t.he proposed demolition is carried out,
will those plans have on the character of
area?
the
and
the
F. Would relocation of the building be a viable alternative
to the proposed demolition?
G. IVould the Board I s action on the requested COA cause undue
economic hardship to the applicant?
VI. USE OF THE BUILDING AFTER WORK IS COMPLETED
Describe the use of the building after work is completed.
Page 7
COA File No.
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VII. DOCUMENTATION ATTACHED IN SUPPORT OF THIS APPLICATION
(CHECK ONLY THE APPROPRIATE ITEMS):
[ ] Continuation sheets
[ ] Site plan
[ ] Elevation plan
[ ] Landscape plan
[ ] Floor plan
[ ] Other plans:
[ ]
[ ]
[ ]
[ ]
[ ]
Architectural drawings
Sketches or artistic renderings
Survey(s)
Engineering or other reports
Photographs required by Section II
[] Other photographs which support this application
[] Published materials, documents and bibliographies:
[] Samples of building materials
[ ] Color chips
[] Other:
Page 8
CO!, Fi 18 No.
VIII. COMPLETENESS REQUIREMENTS:
Pursuant to Sec. 174.32(B), Historic Preservation Code, no
applica.tion for a Certificate of Appropriateness will be
accepted by the Historic Preservation Board unless it.
contains all required and pertinent information and is
accompanied by the required fee.
IX. DATE OF BOARD CONSIDERATION OF THE APPLICATION:
This application must be filed by the first Friday of the
month.
The Board will act within a reasonable time but in no
event later than 90 calendar days from the receipt of an
application pursuant to Section 174.32 (D) The regular
meeting of the Board is held the second Thursday after the
first Friday of each month.
The undersigned applicant(s) certifies under penalties of
perjury that all the statements contained in this Application,
including any statements attached to the Application or any
papers or plans submitted herewith are true and correct.
DATE:
Applicant
Address:
Telephone No.
DATE:
Applicant
Address:
Telephone No.
Page 9
COA File No.
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., y " " k FOR USE OF 'I'HE BOARD * * k * *
CERTIFICATE O~ APPROPRIATENESS:
COA File No.
Date of:
[ ) Filing
[) On-site Inspection
[] Hearing
[) Request for Additional Materials
f ) Other:
FINDINGS OF FACT:
(Continuation sheets may be attached.)
ACTION OF THE BOP.RD:
APPROVAL
BOARD MEMBER WITH
SIGNATURE APPROVAL DENIAL MODIFICATIONS ABSTAIN
[ ] [ ) [ ) [ ]
[ ] [ ) [ ) [ ]
[ ] [ ) [ ) r)
[ ) [ ) [ ) [ ]
[ ) [ ] [ ) [ ]
[ ] r] [ J [ ]
[ ] [ ) [ ) [ ]
MODIFICATIONS:
Page 10
COA File No..
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Certificate of Appropriateness (COA File No.
L" c' .
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[] Approved
[ ] Denied
[J Approved, with modifications
Date of Board Action
EFFECTIVE DATE FOR DEMOLITION
In accordance with Sec. 174.32(B), Historic Preservation Code,
the Board has determined that the effective date for demolition
has been delayed until
EXPIRATION OF CERTIFICATE OF APPROPRIATENESS:
This Certificate of Appropriateness will expire on:
(24 months from date of issuance) if construction of
the approved improvements is not 25% complete; or on:
(18 months from date of issuance) if construction has
not commenced on the approved improvements.
Page 11
co,; File No.
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AGENT AUTHORIZATION ~
Appeal #
COA#
Owner(s) of Record:
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, personally appeared
who, being first dUly sworn upon
says that they are the owner (s)
described real property:
oath and personal knowledge
of record of the following
the street address of which is
and that we hereby appoint:
Name:
Address:
Telephone No.
as our authorized
respect to Appeal #
Historic Preservation
Hearing regarding this
agent, to file
, with
Board, and to
appeal.
any and all papers with
the City of Delray Beach
represent me (us) a t any
(SEAL)
(SEAL)
(SEAL)
S\'IORN TO AND SUBSCRIBED before me this _,,_ day of
19_
Notary Public
My Commission Expires:
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ORDINANCE NO. 109-88
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 174,
"HISTORIC PRESERVATION", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING,
"GENERAL PROVISIONS", SECTION 174.01, "PURPOSE",
SUBSECTION 174.01(1'.) (15), TO PROVIDE A CORRECTED
REFERENCE TO THE FLORIDA STATUTE CONCERNING HISTORIC
SITES; BY AMENDING, "GENERAL PROVISIONS", SECTION
174.02, "DEFINITIONS", TO PROVIDE FOR A DEFINITION
OF "APPURTENANCES", AND "ARCHITECTURAL FEATURES",
AND TO PROVIDE FOR THE ALPHABETIC INCLUSION THEREOF,
AND TO AMEND THE DEFINITION OF "DEMOLITION", "LAND-
SCAPE FEATURE", AND "UNDUE ECONOMIC HARDSHIP"; BY
REPEALING "CRITERIA FOR HISTORIC SITE OR DISTRICT",
SECTION 174.10, "RELATIONSHIP OF ZONING DISTRICTS";
BY ENACTING A NEW SECTION 174.10, "DESIGNATION
CRITERIA", TO PROVIDE CRITERIA FOR THE DESIGNATION
OF HISTORIC SITES AND HISTORIC DISTRICTS" ; BY
REPEALING "CRITERIA FOR HISTORIC DISTRICT", SECTION
174.12, "PRESERVATION STANDARDS"; BY REPEALING,
"CRITERIA FOR HISTORIC DISTRICT", SECTION 174.13,
"DEVELOPMENT STANDARDS"; BY AMENDING "DESIGNATION
PROCEDURES", SECTION 174.20, "NOMINATION", SUBSEC-
TIONS, 174.20(1'.), 174.20(B), AND SUBSECTION
174.20(B)(1) TO PROVIDE FOR THE NOMINATION OF
HISTORIC INTERIORS; BY REPEALING "DESIGNATION
PROCEDURES", SECTION 174.23, "LOCAL REGISTER OF
HISTORICAL PLACES", SUBSECTION 174.23(D) AND
SUBSECTION 174.23(E); BY REPEALING "CERTIFICATE OF
APPROPRIATENESS ", SECTION 174.30, "BASIC REQUIRE-
MENT"; BY ENACTING A NEW SECTION 174.30, "BASIC
REQUIREMENTS", TO PROVIDE FOR A REORGANIZATION OF
THE BASIC REOUlREMENTS; BY REPEALING "CERTIFICATE OF
APPROPRIATENESS", SECTION 174.31, "REVIEW GUIDE-
LINES"; BY ENACTING A NEW SECTION 174.31, "REVIEW
GUIDELINES"; TO PROVIDE FOR A REORGANIZATION OF THE
REVIEW GUIDELINES; BY AMENDING, "CERTIFICATE OF
APPROPRIATENESS", SECTION 174.32, "INITIATION AND
PROCEDURES", SUBSECTIONS 174.32IA) (3),' 174.32(B),
174.32(D), AND 174.32(E), TO PROVIDE FOR APPROPRIATE
SUBMISSION TIMES OF APPLICATIONS AND ACTION BY THE
BOARD; BY REPEALING "CERTIFICATE OF APPROPRIATE-
NESS", SECTION 174.33, "DEMOLITION"; BY ENACTING A
NEW SECTION 174.33, "DEMOLITION", TO PROVIDE FOR THE
REORGANIZATION OF SAID SECTION; BY AMENDING
"HISTORIC PRESERVATION BOARD", SECTION 174.40,
"CREATION; COMPOSITION", SUBSECTION 174. 40(B), TO
PROVIDE THAT MEMBERS OF THE BOARD SHALL BE CITY
RESIDENTS AND/OR TO HAVE THEIR PRINCIPAL PLACE OF
BUSINESS IN THE CITY; BY AMENDING, "HISTORIC PRESER-
VATION BOARD", SECTION 174.40, "CREATION; COMPOSI-
TION", SUBSECTION 174.40(C), TO PROVIDE FOR
ADVERTISING OF VACANCIES ACCORDING TO CITY POLICY;
BY REPEALING, "HISTORIC PRESERVATION BOARD", SECTION
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171.43, "POWERS AND DUTIES", SUBSECTION 174.43(F);
BY ENACTING A NEW SUBSECTION 174.43(F), TO PROVIDE
THAT THE HISTORIC PRESERVATION BOARD SHALL ACT IN
LIEU OF THE BOARD OF ADJUSTMENT; BY REPEALING,
"ADMINISTRATION AND ENFORCEMENT", SECTIONS 174.50,
"VARI l".NCES " , 174.51, "AMENDMEN'rS TO DESIGNATIONS",
174.52, "MAINTENANCE AND P-EPAIR" , 174.53, "UNSAFE
STRUCTURES, 174.54, "EMERGENCIES", 174.55, "INSPEC-
TIONS" , 174.56, "UNDUE ECONOMIC HARDSHIP"; BY
ENACTING, A NEW PROVISION, "ADMINISTRATION AND
ENFORCEMENT", SECTION 174.50, "EMERGENCIES", TO
PROVIDE FOR SPECIAL MEETINGS IN THE EVENT OF AN
EMERGENCY; BY ENACTING 11. NEW SECTION 174.51,
"INSPECTIONS", TO PROVIDE FOR INSPECTIONS BY APPRO-
PRIATE CITY DEPARTMENTS; BY ENACTING A NEW SECTION
174.52, "imILDING CODES ENFORCEMENT", TO PROVIDE
GUIDANCE TO THE CHIEF BUILDING OFFICIAL CONCERNING
THE ENFORCEMENT OF STANDARD BUILDING CODES; BY
ENACTING A NEW SECTION 174.53, "UNDUE ECONOMIC
HARDSHIP", TO PROVIDE CLARIFICATION OF THE PROCESSES
USED TO DETERMINE UNDUE ECONOMIC HARDSHIP; BY
ENACTING A NEW SECTION 174.54, "VARIANCES" , TO
PROVIDE GUIDELINES FOR THE GRANTING OF VARIANCES; BY
REPEALING, "ADMINISTRATION AND ENFORCEMENT", SECTION
174.99, "PENALTY"; BY ENACTING A NEW SECTION 174.99,
"PENALTY" TO PROVIDE CLARIFICATION OF THE JURISDIC-
TION OF THE CODE ENFORCEMENT BOARD TO HEAR VIOLA-
TIONS OF THIS CHAPTER: PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida wishes to, by reorganizing the structure of the Historic Preser-
vation ordinance, Clarify the duties and juriSdiction of the Historic
Preservation Board; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida wishes to streamline other processes of the Historic Preserva-
tion Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 174, "Historic Preservation",
"General Provisions", Section 174.01, "Purpose", subsection
174.01(A)(15), of the Code of Ordinances of the City of Delray Beach, is
hereby amended, by amending subsection l74.01(A)(15), to read as
follows:
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Sec. 174.01 Purpose
(A) The Commission has determined that:
(15) It is the will of the State LegiSlature, as
expressed in F.S. Chapter ~~ 267, that the state's historic sites
and properties, buildings, artifacts, treasure troves, and objects
of antiquity, which have scientific or historical value, or are of
interest to the public, be protected and preserved.
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Section 2. That Chapter 174, "Historic Preservation" ,
"General Provisions" , Section 174.02 , "Definitions", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by adding the definition of "Appurtenances", and "Archi-
tectural Features", and to provide for the alphabetic inclusion thereof,
as follows:
Sec. 174.02 Definitions
"Appurtenances". That which is an accessory to another
structure, including but not limited to stonewalls, fences,
light fixtures, steps, paVing, sidewalks, shutters, and signs.
"Architectural Features". Architectural features include, but
are not limited to the architectural style, style, mass,
siding, general design, and general arrangement of the ex-
terior of the building or structure, inCluding the type, style
or color of roofs, windows, doors, and appurtenances. Archi-
tecture features will include interior architectural features
where the interior has been given historic designation under
the procedures listed in this chapter.
Section 3. That Chapter 174, "Historic Preservation" ,
"General Provisions", Section 174.02, "Definitions", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by amending the definition of "Demolition", "Landscape
Feature", and "Undue Economic Hardship", to read as follows:
"Demolition". The act or process of wrecking, destroying, or
removing any building or structure, or any exterior or struc-
tural part thereof. The process of removing or destroying an
archeological site or a part thereof.
"Landscape Feature". Any improvement or vegetation inCluding,
but not limited to: outbuildings, walls, courtyards, fences,
shrubbery, trees, sidewalks, planters, plantings, gates,
street furniture, and exterior lighting.. Landscape features
also includes site improvements such as, but not limited to,
subsurface alterations. site regrading, fill deposition.
paving, and signs.
"Undue Economic Hardship". An exceptional financial burden
that might otherwise amount to the taking of property without
just compensation, or failure to achieve a reasonable economic
return ..:. ift -~fte -ease -er -ifteellle-pl'ee1:1eift~ -pl'epel'~i:el!l:; -~fte
e\fiaeftee -aftel -~es~illlefty -fteeeleel -~e -el!l~el:i:l!Ift -aft -1:1M1:1e -eeeftelllie
hal'asftip-is-speeirieel-ift-Seel!l~-i~4~~97-i~4~~~-aftel_Sees~-i~4~59
~hl'e1:1~ft-:H4~56~
Section 4. That Chapter 174, "Historic Preservation", "Crite-
ria for Historic Site or District", Section 174.10, "Relationship of
Zoning Districts", of the Code of Ordinances of the City of Delray
Beach, Florida is hereby repealed in its entirety, and a new Sec.
174.10, "Desi.gnation Criteria" is hereby enacted, to read as follows:
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ORD. NO. 109-88
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Sec. 174.10 Desiqnation Criteria
(A) To qualify as a historic site or historic district or
historic interior, individual properties, structures,
sites, or buildings, or groups of properties, structures,
sites, or buildings must have significant character,
interest, or value as part of the historical, cultural,
aesthetic, and architectural heritage of the city, state,
or nation. To qualify as a historic site or historic
district, the property or properties must fulfill one or
more of the criteria set forth in subsection (B) (C)
below; to qualify as a historic interior the interior
must. fulfill one or more of the criteria set forth in
subsection (B) and meet the criteria set forth in subsec-
tion (C)(2) and C(4).
(B) A building,. structure, site, interior or district will be
deemed to have historical or cultural significance if it
meets one or more of the following criteria:
(1) Is associated in a significant way with the life or
acti vi ties of a maj or person important in city,
state, or national history (i.e., the homestead of a
local founding family);
(2) Is the site of a historic event with significant
effect upon the city, state, or nation;
(3) Is associated in a significant way with a major
historic event, whether cultural, economic, social,
militar,i, or political;
( 4)
Exemplifies the historical,
economic, or social trends
history; or
political, cultural,
of the community in
(5) Is associated in a significant way with a past or
continuing institution which has contributed sub-
stantially to the life of the city.
(C) A building, structure, site, or district is deemed to
have architectural or aesthetic significance if it
fulfills one or more of the following criteria; except
that to qualify as a historic interior, the interior must
meet the criteria contained within subsection (C)(2) and
(C) (4):
(1)
Portrays the
characterized
tural styles;
environment in an era of history
by one or more distinctive archi tec-
( 2) Embodies those distinguishing characteristics of an
architectural style, period, or method of construc-
tion;
( 3)
Is a historic or outstanding work
al'chi tect, designer, landscape
builder; or
of a prominent
architect, or
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(4) Contains elements of design, detail, material, or
craftsmanship of outstanding quality or which
represented, in its time, a significant innovation
or adaptation to the South Florida environment.
(D) A building, structure, site, interior or district will be
deemed to have historic significance if, in addition to
or in the place of the previously mentioned criteria, the
building, structure, site, or zone meets historic devel-
opment standards as defined by and listed in the regula-
tions of and criteria for the National Register of
Historic Places, as prepared by the United States Depart-
ment of the Interior under the Historic Preservation Act
of 1966, as amended. A copy of these standards for the
National Register is made part of this Chapter as if
fully set forth herein.
Section 5. That Chapter 174, "Historic Preservation",
"Criteria for Historic District", Sec. 174.12, "Preservation Criteria",
of the Code of Ordinances of the City of Delray Beach, Florida is
Iepealed in its entirety.
Section 6. That Chapter 174, "Historic Preservation",
"Criteria for Historic District", Section 174.13, "Development Stan-
dards", of the Code of Ordinances of the City of Delray Beach, Florida
is hereby repealed in its entirety.
Section 7. That Chapter 174, "Historic Preservation, "Desig-
nation Procedures", Sec. 174.20, "Nomination", Subsections 174.20IA),
174.20(B) and 174.20(B)11) of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended, by amending
Sections 174.20(A), 174.20IB) and 174.20IB)(1), to read as follows:
Sec. 174.20 Nomination
IA) Buildings, structures, archaeological sites, interiors or
districts which meet the criteria set forth in Section
174.10 through 174.23 may be designated as historic
sites, interiors or districts, and may be listed on the
Local Register of Historic Places.
(B) Nominations for historicll:t site, historic interior or
historic district designation shall be made to the
Historic Preservation Board on an application form
developed and approved by the Board and made available to
the person nominating the building, structure, site,
area, zone, or district.
(1) Nominations for historic site or historic interior
status may be initiated by:
(a) The Historic Preservation Board;
lb) The City Commission; or
(c) The property owner.
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Section 8. That Chapter 174, "Historic Preservation", "Desig-
nation Procedures", Sec. 174.23, "Local Register of Historic Places", of
the Code of Ordinances of the City of Delray Beach, Florida, subsection
174.23(D) and subsection 174.23(E) is hereby repealed in its entirety.
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Section 9. That Chapter 174, "Historic Preservation", "Cer-
tificate of Appropriateness", Sec. 174.30, "Basic Requirements" of the
Code of Ordinances of the City of Delray Beach, Florida is hereby
repealed in its entirety and a new Sec. 174.30, "Basic Requirements" is
hereby enacted to read as follows:
Sec. 174.30 Basic Requirements.
(A) A certificate of appropriateness shall be required
for designated historic sites, 'designated historic
interiors and within designated historic districts.
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(1) No building, structure, appurtenance, improve-
ment, or landscape feature, will be erected,
altered, restored, renovated, excavated,
relocated, or demolished until a certificate of
appropriateness regarding any exterior archi-
tectural features (and interior architectural
features in the case of designated historic
interiors), landscape features, or site im-
provements, has been approved under the proce-
dures in this chapter.
(2) A certificate of appropriateness shall also be
required for any material change in existing
walls, fences, sidewalks, and changes of color.
(B) Plan approval required. No certificate of appropri-
ateness will be approved unless the architectural
plans for such construction, reconstruction, reloca-
tion, alteration, excavation, restoration, renova-
tion, or demolition are approved by the Historic
Preservation Board.
(C) Relocation. Relocation of a building or structure
shall include, but not be limited to moving a
building or structure into or within any historic
district, and moving a historic building or struc-
ture within or out of the City or any historic
district.
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(D) . Certificate not required. A certificate of appro-
priateness will not be required for general, occa-
sional maintenance of any historic building, inter-
ior, structure, or site, or any building or struc-
ture within a historic district. General, occa-
sional maintenance shall include, but not be limited
to lawn and landscaping care and minor repairs that
restore or maintain the historic site or current
chal'acter of the building or structure. General,
occasional maintenance shall not include any of the
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ORD. NO. 109-88
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activities described and defined in Sec. (A) through
(D) of this section. A certificate of appropriate-
ness will not be required for any interior altera-
tion (except for designated historic interiors),
construction, reconstruction, restoration, renova-
tion, or demolition. General, occasional mainte-
nance and repair shall also include any ordinary
mai.ntenance which does not require a building permit
from the City.
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Section 10. That Chapter 174, "Historic Preservation",
"Certificate of Appropriateness", Sec. 174.31, "Review Guidelines" of
the Code of Ordinances of the City of Dehay Beach, Florida is hereby
repealed in its entirety and a new Sec. 174.31, "Review Guidelines", is
hereby enacted as follows:
Sec. 174.31 Review Guidelines.
(A) The Historic Preservation Board will utilize the
most recent United States Secretary of the In-
terior's Standards for Historic Rehabilitation and
Guidelines for Rehabilitating Historic Buildings as
the standards by which applications for certificates
of appropriateness are to be evaluated. These
guidelines are intended to promote the maintenance,
restoration, economic viability, improvement in
economic values, and adaptive and new uses of the
property. It is also the intent to promote visually
compatible, contemporary designs that are harmonious
with the exterior architectural and landscape
features of adjacent, neighboring, or visually
related buildings, structures, sites, and
streetscapes.
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(D)
(B) Applications for certificates of appropriateness
must be made on forms approved and provided by the
Board. Applications shall include required forms
and appropriate site plans, architectural drawings,
photographs, sketches, descriptions, renderings,
surveys, documents, or other information needed by
the Board to gain a clear understanding of the
applicants planned alteration, construction, recon-
struction, relocation, restoration, renovation, or
demolition.
The guidelines for certificates of appropriateness
will be consistent and harmonious with the criteria
for designation defined and described in Section
174.10. .
The Board shall consider evidence of undue economic
hardShip in its review of applications for Certifi-
cates nf Appropriateness.
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(E) Buildings, structures, and appurtenances shall only
be moved, reconstructed, altered, or maintained in
accordance with this chapter, in a manner that will
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preserve the
character of
district.
historic goal and architectural
the building, structure, site, or
(F)
In considering proposals for alterations to the
exterior of historic buildings and structures and
for alterations to interiors of designated historic
interiors, and in applying development standards and
designation criteria, the documented, original
design of the building may be considered among other
factors.
(G)
Relocation of historic buildings and structures to
other sites shall not take place until it is shown
that their preservation on their existing or ori-
ginal sites is not consistent with the purposes of
the chapter or would cause undue economic hardship
to the property owner.
(H) Demolition of historic sites, archeOlogical sites,
or buildings, structures, improvements and appurte-
nances within historic districts will be regulated
by the Historic Preservation Board in the manner
prescribed in this chapter.
(I) The construction of new buildings or structures, or
the relocation, alteration, reconstruction, or major
repair or maintenance of a non-contributing building
or structure within a designated historic district,
and all improvements to buildings, structures,
landscape features, and appurtenances within a
designated historic district shall be visually
compatible. Visual compatibility will be defined in
terms of the following criteria:
( 1 ) Height. The height of proposed buildings or
modifications shall be visually compatible in
comparison or relation to the height of exist-
ing structures and buildings.
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(2) Front facade proportion. The front facade of
each building or structure shall be visually
compatible with and in direct relationship to
the width of the building and to the height of
the front elevation of other adjacent or
adjoining buildings within a historic district.
(3) Proportion of openings (windows and doors).
The openings of any buildings within a historic
district shall be visually compatible with the
openings exemplified by the prevailing historic
architectural styles within the district. The
relationship of the width of windows and doors
to the height of windows and doors among
buildings within the district shall be visually
compatible.
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(4) Rhythm of solids to voids: front facades. The
relationship of solids to voids in the front
facade of a building or structure will be
visually compatible with the front facades of
historic buildings or structures within the
district.
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, (5) Rhythm of buildings on streets. The relation-
ship of buildings to open space between them
and adjoining buildings shall be visually
compatible with the relationship between
historic sites, buildings, or structures within
a historic district.
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(6) Rhythm of e.ntrance and/or porch projections.
The relationship of entrances and porch projec-
tions to the sidewalks of a building shall be
visually compatible with the prevalent archi-
tectural styles of entrances and porch projec-
tions on historic sites, buildings, and struc-
tures within a historic district.
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(7) Relationship of materials, texture, and color.
The relationship of materials, texture, and
color of the facade of a building shall be
visually compatible with the predominant
materials used in the histor.i.c sites, build-
ings, and structures within a historic dis-
trict.
(8) Roof shapes. The roof shape of a building or
structure shall be visually compatible with the
roof shape of a historic site, building, or
structure within a historic district.
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(9) Walls of continuity. Appearances of a building
or structure such as walls, wrought iron,
fences, evergreen landscape masses, or building
facades, shall form' cohesive walls of enclo-
sure along a street to insure visual compati-
bility of the building to historic buildings,
structures, or sites to which it is visually
related.
Scale of a building. The size of a building,
the building mass in relation to open spaces,
windows, door openings, balconies, and porches
shall be visually compatible with the building
size and and building mass of historic sites,
buildings, and structures within a historic
district.
Directional expression of front elevation. A
building shall be visually compatible with the
buildings, structures, and sites in its direc-
tional character, whether vertical, horizontal,
or non-directional.
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(K) Visual compatibility standards will be further
discussed in greater detail in the Delrav Beach
Preservation and Conservation Manual. Said Manual
will be developed as a guide to assist property
owners QS they seek to nominate their properties for
designation as a historic site, historic interior,
or to designate an area within the City as a
historic district, as well as provide further visual
compatibility standards for certificates of appro-
priateness.
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Section 11. That Chapter 174, "Historic Preservation",
"Certificate of Appropriateness", Section 174.32, "Initiation and
Procedure", of the Code of Ordinances of the City of Delray Beach,
Florida ~s hereby amended by amending subsections 174.32(A)(3),
174.32(BI, 114.32(D) and 174.32(E) as follows:
174.32 Initiation and Procedure.
A. The following departments and agencies of the City
shall notify the Historic Preservation Board of any
of the following activities that affect any desig-
nated historic site, or any building, structure, or
site within a designated historic district:
(3) Community Appearances Board. Any request or
Qpplication presented to the Community Appear-
ances Board, or any general proposal considered
by this Board, that affects any designated
historic site, er building, structure, or
archaeological site within a designated his-
toric district.
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(B) An application for a Certificate of Appropriateness
must be filed fte-la~er-~8aft-~eft-ea%eftaar-aays-prier
~e-afty-mee~iftg-ef-~he-His~erie-preserva~ieft-Beara_a~
whieh -s1ieft -app%iea~i:eft -is -~e -ee -fteal'C!. with the
Planning and Zoning Department by the first Friday
of the month. The appiiea~ieft applicant shall pay a
filing fee, the amount of which shall be determined
by the Board and approved by the Commission, and no
application will be accepted by the Board unless it
contains all required and pertinent information and
is accompanied by the required fee.
(D) The Historic Preservation Board will ae~ take final
action upon the application within fif~eeft a reason-
able time, but in no event later than ninety (90)
ca) endar days of receipt of t.he application.:. er,
if-a-~~e~~-i:s-fte~-preseft~,-a~-a-speei:a%-mee~iftg_~e
he -he:!:d -wi:~fti:ft -%4 -ea:!:eftdar -days -ar~er -~fte -i:ftHi:a:!:
lIIee~i:ftg, -previ:ded -~he -appii:ea~i:eft -mee~s -~fte -fi:ii:ftg
re~iremeftt!s -as -defi:fted -ift -~his -see~ieft.. Nothing
herein will prohibit a continuation of a hearing on
an application which the applicant requests or to
which the applicant consents.
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(E) The Board may advise the applicant and make recom-
mendations in regard to the appropriateness of the
application. ~e-Beare-may-deiaY-!~ftai-ae~~eft-~ft~~i
H~s -l'Iex~ -l"e~iariy-sehel!~ied. -mee~~ftg,. -er,. -~! -~he
Beare. -!!Ie -efteeses -aM -~he -appH,eaftt! -agrees, -1:lI'It!H, -a
spee~ai -mee~~ftg -W~~ft~ft -14 -days -ef -~fte -mee~~ftg -a~
wft~eft -t!fte -appH:eat!i:eft -was.-! !rs~ -eeftsie.eree. -is- heie....
];ft -l'Ie -ease -wH:i -~he -Beare. -e.el:ay '-fiftal: -aet!i:eft -eft -afty
appi~ea~~eft -fer -mere -~haft -69 -eaieftdar -e.ays -a!~er
s~eh-appiiea~ieft-~s-!ermal:iy-~re~gh~-~he-Beare....
Section 12. That Chapter 174, "Historic Preservation",
"Certificate", Section 174.33, "Demolition", of the Code of Ordinances
is hereby repealed in its entirety and a new section 174.33, "Demoli-
tion" is hereby enacted as follows:
Section 174.33 Demolition.
(A) Request for Demolition by Property OWner.
( 1) The Board upon a request for demolition by a
property owner, shall consider the following
guidelines in evaluating applications for a
Certificate of Appropriateness for demolition
of designated historic sites, historic
interiors, or buildings, structures, or
appurtenances within designated historic
districts;
(a) Whether the structure is of such interest
or quality that it would reasonably
fulfill criteria for designation for
listing on the national register.
(b) Whether the structure is of such design,
craftsmanship, or material .that it could
be reproduced only with great difficulty
and/or economically nonviable expense.
(c) Whether the structure is one of the last
remaining examples of its kind in the
designated historic district within the
City.
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(d) \\'hether retaining the structure would
promote the general welfare of the City by
providing an opportunity to study local
history, architecture and design, or by
developing an understanding of the impor-
tance and value of a particular culture
and heritage.
(e)
Whether there are definite plans
.i.nunediate reuse of the property if
proposed demolition is carried out,
what affect those plans will have on
character of the surrounding area.
for
the
and
the
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(2) No decision of the Board shall result in undue
economic hardship for the property owner. The
Board shall have authority to determine the
existence of such hardship in accordance with
the definition of undue economic hardship found
in this chapter.
( 3 ) The Board's refusal to grant a Certificate of
Appropriateness requested by a property owner
for the purpose of demolition will be supported
by a written statement describing the public
interest that the Board seeks to preserve.
(4) The Board may grant a Certificate of Appropri-
ateness, as requested by a property owner, for
demolition which may provide for a delayed
effective date. The effective date of the
Certificate will be determined by the Board'
based on the relative significance of the
structure and the probable time required to
arrange a possible alternative to demolition.
The Board may delay the demolition of designat-
ed historic sites and contributing buildings
within historic districts for up to six months
while demolition of non-contributing buildings
within the historic district may be delayed for
up to three months.
(5) During the demolition delay period, the Board
may take such steps as it deems necessary to
preserve the structure concerned. Such steps
may include, but are not limited to, consulta-
tion with cOllllDuni ty groups, public agencies,
and interested citizens, recollllllendations for
acquisition of property by pUblic or private
bodies, or agencies, and exploration of the
possibility of moving one or more structures or
other features.
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(6) The Board may, with the consent of the property
owner, request that the owner at the owner's
expense, salvage and preserve specified classes
of building materials, architectural details
and ornaments, fixtures, and the like for reuse
in the restoration of the other historic
properties. The Board may, with the consent of
the property owner, request that the Delray
Beach Historical Society, or the owner, at the
owner's expense, record: the architectural
details for archival purposes prior to demoli-
tion. The recording may include, but shall not
be limited to photographs, documents and scaled
architectural drawings. At the Board's option,
and with the property owner's consent, the
Board or the Delray Beach Historical Society
may salvage and preserve building materials,
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architectural details and ornaments, textures
and the like at their expense, respectively.
Unsafe Structures. In the event the Chief Building
Official determines that any structure within a desig-
nated historic site or designated historic district is
unsafe pursuant to the applicable Code of Ordinances, the
Chief Building Official will immediately notify the Board
of his findings. Where appropriate and in accordance
with applicable ordinances, the Chief Building Official
will attempt to have the structure repaired rather than
demolished, and will take into consideration any comments
and recommendations by the Board. However, the provi-
sions contained within subsection 174.33(A) shall not
apply to the Chief Building Official's declaration that a
building is unsafe, nor will the Chief Building Official
be precluded from taking whatever steps, as may be
required by applicable ordinances to protect the public
health and safety of the community. The Board may also
endeavor to negotiate with the owner and interested
parties, provided such actions do not interfere with
procedures in the applicable ordinances.
Section 13. That Chapter 174, "Historic Preservation",
"Historic Preservation Board", Section 174.40, "Creation; Composition",
of the Code of Ordinances of the City of Delray Beach, Florida is hereby
amended by amending subsection 174.40(B) and subsection 174.40IC) as
follows:
Sec. 174.40 Creation; COMPosition
(B) A Initially a five-member committee, whose member-
ship will include the Chairman of the Planning and
Zoning Board, the President of the Delray Beach
Histor ical Society, the Chairman of the Community
Redevelopment Agency (CRA) , Chairman of the
Community Appearance Board, and one member selected
by the Commission, will nomin'ate members of the
board to the Commission. All such nominees and all
future historic board members shall be residents of
the City and/or have their principal place of
business in ~he City; each nominee shall represent a
broad geographic area of the City.
(C) The committee will make nominations within 30 days
following the passage of this Chapter. Thereafter,
after advertising the vacancy accordinq to City
policy. the ftemifta~~ft~--eemm~~~ee--sftaii--mee~-_~e
ftem~fta~e -ftew -Beare -meeers -er Preservation Board
shall recommend to the City Commission. nominees to
fill vacancies ~s the need aris~s. The eemm!~~eeLs
boards nominations are subject to approval by the
City Commission.
Section 14. That Chapter 174, "Historic Preservation",
"Historic Preservation Board", Section 174.43, "Powers and Duties",
subsection 17 4.43 (F); of the Code of Ordinances of the City of Delray
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ORn. NO. 109-88
Beach, Florida is hereby repealed in its entirety, and a new subsection
174.43(F) is hereby enacted to read as follows:
(F) Act in lieu of Board of Adjustment. The Board is
empowered to grant variances for properties
designat~d as historic sites, and for properties and
signs within designated historic districts.
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Section 15. That Chapter 174, "Historic Preservation",
"Administration and Enforcement", Sections 174.50, "Variances", 174.51,
"Amendments to Designations", 174.52, "Maintenance and Repair", 174.53,
"Unsafe Structures", 174.54, "Emergencies", 174.55, "Inspections", and
174.56, "Undue Economic Hardship" of the Code of Ordinances of the City
of Delray Beach, Florida are hereby repealed in their entirety.
Section 16. That Chapter 174, "Historic Preservation",
"Administration and Enforcement", is hereby amended by enacting a new
section 174.50, "Emergencies", to. read as follows:
Sec. 174.50 Emerqencies.
For the purposes of remedying emergency conditions
determined to be inuninently dangerous to life, health, or
property, nothing contained herein will prevent the making of
any temporary construction, reconstruction, demolition of
limited scope and effect, or other repairs to a historic
building or a building, structure, improvement, landscape
feature, or archeological site within a designated historic
district. Such temporary construction, reconstruction or
demolition of limited scope and effect will take place pur-
suant to permission granted by the Chief Building Official,and
provided that only such work as is reasonably necessary to
correct such conditions may be carried out. The owner of an
improvement damaged by fire or natural calamity will be
permitted to immediately stabilize the improvement and to
rehabilitate it later under the procedures required by this
chapter. The owner may request a special meeting of the
Historic Preservation Board to consider an application for a
certificate of appropriateness which would provide for repairs
of a more permanent nature.
Section 17. That Chapter 174, "Historic Preservation" ,
"Administration and Enforcement", of the Code of Ordinances of the City
of Delray Beach, Florida is hereby amended by enacting a new Section
174.51, "I.nspections", to read as follows:
Section 174.51 Inspections.
The Department of Development and Inspection, the Engi-
neering Department, the Fire Department, and the Planning
Department will assist the Historic Preservation Board by
making any appropriate inspections to enforce this chapter.
The Chief Building Official is authorized to stop any work
attempted to be accomplished without or contrary to any
certificate of appropriateness required by this chapter. The
Chief Building official will endeavor to assure that any work
not in accordance with an issued certificate of appropriate-
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ORD. NO. 109-88
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ness will be voluntarily corrected by the property owner to
comply with any certificate of appropriateness.
Section 18. That Chapt.er 174, "Historic Preservation" ,
"Administration and Enforcement", of the Code of Ordinances of the City
of Delray Beach, Florida is hereby amended by enacting a new Section
174.52, "Building Codes Enforcement", to read as follows:
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Section 174.52 Buildinq Codes Enforcement.
Structures, bUildings, improvements, and appurtenances
listed individually on the local register or judged as con-
tributing to the character of a designated historic district
may be eligible to received modified enforcement of standard
building codes, as provided by Chapter 1, Section 101.6 of the
Standard Building Code adopted by reference in Section
150.015.
Section 19. That Chapter 174, "Historic Preservation",
"Administration and Enforcement", of the Code of Ordinances of the City
of Delray Beach, Florida is hereby amended by enacting a new Section
174.53, "Undue Economic Hardship", to read as follows:
Section 174.53 Undue Economic Hardship.
In any instance where there is a claim of undue hardship
as defined in this chapter, the property owner may submit to the His-
toric Preservation Board within a reasonable time prior to the meeting
of the Board the following documented information:
(A) For all property:
(1) The amount paid for the property, the date of
purchase, and the party from whom purchased;
(2) The assessed value of the land and improvements
thereon, according to the two most recent
assessments;
(3 )
(4)
(5)
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Real estate taxes for the previous two years;
Annual debt service or mortgage payments, if
any, for the previous two years.
All appr aisals , if any, obtained wi thin the
previous two years by the owner or applicant in
connection with the purchase, finanCing, or
ownerShip of the property;
Any list.ing of the property for sale or rent,
price asked, and offers received, if any; and
Any consideration by the owner as to profitable
adaptive uses for the property, including but
not limited to possible fair market rents for
the property if it were rented or leased in its
current condition.
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(B)
For income property (actual or potential):
(1) The annual gross income from the property for
the previous two years, if any;
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(2) The annual cash flow, if any, for the previous
two years; and
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(3) The status of leases, rentals, or sales for the
previous two years.
( C) An applicant may submit and the board may require
that an applicant furnish additional information
relevant to the Board's determination of any alleged
undue economic hardship. The Board may also re-
quire, in appropriate circwnstances, that informa-
tion be furnished under oath.
(D) In the event that any of the required information is
not reasonably available to the property owner and
cannot be obtained by the property owner, the
property owner shall file statement of the informa-
tion which cannot be obtained and the reasons why
such information cannot be reasonably obtained.
Where such unobtainable information concerns re-
quired financial information, the property owner
will submit a statement describing estimates which
will be as accurate as are feasible.
Section 20. That Chapter 174, "Historic Preservation",
"Administration and Enforcement", of the Code of Ordinances of the City
of Delray Beach, Florida, is hereby amended by enacting a new section
174.54, "Variances", to read as follows:
Sec. 174.54 Variances.
(A) The Historic Preservation Board shall act in lieu of the
Board of Adjustment concerning variances from the terms
of existing ordinances for properties within Historic
Districts, for Historic sites, and for properties listed
on the Local Register of Historic Places.
(B) The Board shall not grant a variance from the terms of
existing ordinances unless and until:
(1) A written application for a variance is submitted
demonstrating:
(a) That a val-i,mce would not be contrary to the
public interest, safety, or welfare.
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(b) That special conditions and circumstances
exist, because of the historic setting, loca-
tion, ndture or charact.er of the land,
str'lcture, appurtenance, sign or building
involved, which are not applicable to other
lands, structures, appurtenances, signs or
buildings in the same zoning district, which
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ORn. NO. 109-88
/
have not
historic
Register
been designated as historic
district nor listed on
of Historic Places.
sites or a
the Local
(c) Literal interpretation of the prov~s~ons of
eXisting ordinances would alter the historic
character of the historic distriet, or historic
site to such an extent that it would not be
feasible to preserve the historic character, of
the historic district or historic site.
(d)
The variance requested is the minimum necessary
to maintain the preservation of the historic
character of a historic site or of a historic
district.
(2) Notice of the public hearing shall be given in.
accordance with the following:
(a) The owners of all property located 300 feet
surrounding the subject parcel shall be noti-
fied by regular mail of the date and purpose of
the public hearing. The applicant shall submit
a drawing showing the location of all property
lines within 300 feet surrounding the Subject
parcel and a complete list of the property
owner's names, mailing addresses and legal
descriptions. The owners of property shall be
those recorded on the latest Official County
Tax Rolls. Such list shall be accompanied by
an affidavit stating that, to the best of the
applicant's knowledge, said list is complete
and accurate.
(b) Mailing shall be at least ten (10) days in
advance of the public hearing so that owners
may be represented in person or by proxy. For
notification purposes, the owners of property
shall be thus recorded on the latest Official
County Tax Rolls.
(3) Notice of the public hearing shall also be posted on
one of the bulletin boards located in the lObby of
City Hall at least ten (10) days prior to the public
hearing.
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(4) The public hearing shall be held, at which time any
party may appear in'person or be represented by an
agent or by an attorney. Th~ Board shall make
findings that the requirements of subsection (B)(1)
above have been met by the applicant. The Board
shall also make a finding that the reasons set forth
i.n the application justifies the granting of the
variance and that the variance is the minimum
variance that will make possible the reasonable use
of the land, building, or structure.
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(5) The Board shall further make a finding that the
granting of the variance will be in harmony with the
general purpose and intent of existing ordinances,
will not be injurious to the the neighborhood, or
otherwise detrimental to the public welfare.
(6) Conditions. In granting any variance, the Board may
prescribe appropriate conditions and safe guards in
conformity with existing ordinances. Violations of
such conditions and safeguards, when made a part of
the terms under which the variance is granted shall
be deemed in violation of existing ordinances and
punishable under Sec. 173.99 of this Code.
(7) Variances prohibited.
(A) Use variances. Under no circumstances shall
the Board grant a variance to allow use not
generally permitted or by conditional use
allowed in the zoning district involved, or any
use expressly or by implication prohibited by
the terms of existing ordinances in said zoning
district.
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(B) Landscaping Ordinance. The Board is hereby
expressly prohibited from granting a variance
from any of the requirements, terms or condi-
tions set forth in Chapter 159.
( C) Street and Sidewalk Ordinance. The Board is
hereby expressly prohibited from granting a
variance from any of the requirements, terms or
conditions set forth in Secs. 150.045
150.050.
( 8) The concurring vote of four members of the Board
shall be necessary to affect any variation in the
application of existing ordinances.
(9) Appeals. Any person or persons, or any Board,
taxpayer, department, board or bureau of the City
aggrieved by any decision of the Board concerning
variances, may seek review by a court of record of
such decision as permit.ted by general or special
law.
(10) The Chairman, or in his/her absence the Acting
Chairman, may administer oaths and compel the atten-
dance of witnesses. All meetings shall be open to
the public.
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(11) The Board shall keep minutes of its proceedings,
showing the vote of each member upon each question,
or if absent or failing to vote indicating such
fact, and shall keep records of its examinations and
other official actions, all of which shall be a
public record.
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ORn. NO. 109-88
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(12) A variance from the terms of existing ordinances
shall only be granted to preclude unnecessary hard-
ships and to maintain the historic character of the
building, structure or district.
(13) The applicant shall pay a filing fee, the amount of
which shall be determined by the Board and approved
by the City Commission.
Section 21. That Chapter 174, "Historic Preservation",
"Administration and Enforcement", Sec. 174.99, "Penalty", of the Code of
Ordinances of the City of Delray Beach, Florida is hereby repealed and a
new Section 174.99, "Penalty", is hereby enacted as follows:
Section 174.99 Penalty.
Any person who carries out or causes to be carried out
any work in violation of this chapter, shall be required to restore the
subject improvement, bUilding, site, structure, appurtenance, or land-
scape feature, either to its appearance prior to the violation or in
. accordance with its certificate of appropriateness required by the
Historic Preservation Board. In addition, the Code Enforcement Board
shall have jurisdiction over any violations of this Chapter and may levy
a fine to insure compliance. Additional remedies include enforcement
through a cqurt of competent jurisdiction, wherein a fine of not less
than $100 per day, per violation shall be assessed from the date upon
which the work is cited as being in violation. The aforementioned
remedies shall be in addition to and not in lieu of any other eivil
remedy.
Section 21. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, word, be
declared by a court of competent jurisdiction to be invalid, such
decision shall not effect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 22. That all ordinances or parts of ordinances in
conflict herewith, be and the same are hereby repealed.
Section 24. That this ordinance shall become a effective
immediately, upon second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading this day of , 1988.
MAYOR
ATTEST:
City Clerk
First Reading
Seeond Reading
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ORn. NO. 109-88
[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE
310 S.L. 1st STRLLT, SLIT!': -'I DJ'LlC\ Y 131-..'\('[1, !.LOH[DA J34HJ
4()7/24J-7()()() Tl:LFCOPIFR 407n7K-47S5
MEMORANDUM
Date:
September 7, 1988
Walter O. Barry, City Manager d' ~
Jeffrey S; Kurtz, Assistant City Attorney ~!I .
Ordinance Granting Code Enforcement to En orce
Landlord Permits
'1'0:
From:
Subject:
Pursuant to Commission direction and staff consensus, our
office has drafted the ordinance expanding the Code Enforcement
Board's jurisdiction to hear matters relative to landlord
permits. The change in the ordinance will now allow the Code
Enforcement Board to make determinations as to whether a
property owner needs to get a landlord permit, and should they
refuse to do so after the order is issued, enables the Code
Enforcement Board to assess a fine and lien the property
accordingly. This ordinance does not expand the landlord
permit ordinance but simply gives us another methodology beyond
the tripling of the fine and going to County court in which to
enforce provisions of the ordinance.
Should you have any questions concerning this matter, please do
not hesitate to contact me.
JSK:sh
cc: Lula Butler, Director of Community Improvement
Frank Spence, Interim Development Services Director
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0RDIN)~CE NO. 110-88
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BE.~CH, FLORIDA, AMENDING TI'l'LE 3, "ADMINIS-
TRATION", CHAPTER 37, "DELRAY BEACH CODE ENFORCE-
MENT", SECTION 37.02, "ENFORCEMENT OF CERTAIN CODES
AUTHORIZED", OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSEC-
TION (K) TO PROVIDE DELRAY BEACH CODE ENFORCEMENT
BOARD WITH JURISDICTION OF VIOLATIONS OF CHAPTER 117
DEALING WITH LANDLORD PERMITS; PROVIDING A SAVING
CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 3, "Administration", Chapter 37,
"Delray Beach Code Enforcement", Section 37.02, "Enforcement of Certain
Codes Authorized", of the Code of Ordinances of the City of Delray
Beach, Florida be in the same is hereby amended by enacting a new
subsection (K) to read as follows:
(K) Chapter 117 Landlord Permits.
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 herewit,h arc hereby repealed.
Section 4. That this ordinance shall become . effective on
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
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Second Reading
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DEPA' TMENTAL
CORRESPONDENCE
[ITY DF
DELRAY BEA[H
~~(j
TO
Robert a. Barcinski, Assistant City Manager/
Management Services Group
FROM ~avid M. Huddleston, Director of Finance
SUBJECT Proposed Commercial and Residential Garbage Rates
DATE
09-09-88
I am recommending that the City Commission approve increasing the City's
service fees for garbage and trash collection pursuant to the following:
1. Effective October 1, 1988, the Solid Waste Authority will increase the
tipping fees from $30.00 to $33.50 per ton.
2.
The contract with Waste Management provides for an
collection portion of the bill based on the change
Price Index--an increase of 4.22%.
increase in the
in the Consumer
3.
The funding for the continuous bulk trash pick-up has
proportionally increased to incorporate the above items.
been
A schedule is
ordinance will
agenda for the
attached
be given
September
outlining the
to Susan Ruby
13th Commission
new rates.
so that this
meeting.
A draft of the
item can be on
new
the
DMH/jw/sam
Attachment
..'
cc: Jan Williams, Project Cost Accountant
Susan Ruby, Assistant City Attorney
eM 362
THE EFFORT ALWAYS MATTERS
Iq
PROPOSED FEE SCHEDULE
SWA INCREASE 130 TO 133.50
CPI INCREASE 4.22%
F,EfiID
CONTNR PICKUPS EQUIV
SIZE PEP WK UNITS
Ol.D
REOU I RE:D
DRDINANCE
t'iI10W,T
Il/1/D/
NEVJ
r,EUIJ I RED
OPD IIW\NCE
I,ATE
IOil/clEI
-.-.---..--.-.'--.-.------------------------.---------- ----....--.-----....---
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r',1 I 4 :$40. 00 14:.:, 00
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e, :I. 6 $~~37 00 ::/::\'-12 00
4 1 8 $:72 . 00 :.l/C? . 00
6 I :I. 2 '.. 104. or) '< 1 1 4 00
[3 1 1 6 1 I ":"":'N 00 I j 46 00
., 2 D :f80 00 :1'86. 00
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3 r';. 1"''' 1 1 j 4 00 ~. 1 24 00
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4 " 16 $: 1 45 00 1 1 ~)13 . 00
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6 2 :?4 :$::::OD. 00 :1':::::2/ . 00
t3 ., :'::'2 :f:26/:1 no $'29 1 00
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2 1 .', :$: 1 ::::0. 00 l J :':::0 00
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....;. 7 18 ,$' 1 / 1 00 :1 1 Ei~) 00
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4 24 :..::: 1 (j 00 :1::::2,; OU
6 ..::. :36 I" 1 ,-\ 00 .:34 :I. 00
,..;. .~:. .
EI 48 :1,..-,89. 00 :14:'::6 00
~ 4 16 :1' I 60 00 :..ITS 00
.
...:' 4 24 1~228 . 00 :1'24/ ( )0
~. 4 32 :'-290 . 00 :t.-" I 6 00
6 4 4f.l $04 1 6~ 00 :t:4~j4 00
(j 4 64 :~:~:;~3;2 00 ~"jB::: 00
::: ~. :::~O :$: 1 99. 00 .:' 1 to 00
_.)
.- I:::' ~:.O $:2B4 00 $:309 00
.-' ,,)
~, ~. 40 136:S 00 $3r:~~:5 00
d .
6 ':~M 60 $5:~~ 1 00 $:,';Ml. 00
d
B e;~ 80 :$66c'; 00 :1'7:'::7 00
-) . .
'" (;, 24 $:;239 00 ~l:?60 ~ 00
.~
..,:, 6 36 $:34 1 00 :$:':,; 1 " I H)
4 6 ~.8 :fA ~~ ~5. 00 ..:4/", 00
6 6 72 $~625 00 $:682 00
!3 {;, 96 1798. 00 $:8T": ()O
F~EE) I DE.NT I I\L HCI-IEDULE
CURREN I
TYFE f~lnE
F'r-~[)F'CJSE[)
F\iHE
-----------------.---------------
A
!3
C
D
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$12. ~J;~:
$:7. 1'7
$10.1010
112..T7
:$:14.86
:.: I Ij. 0:::'
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$:11.9:'::
$: 12::. ~.:_)6
ORDINANCE NO l18-88
AN QRDINANCE OF THE CITY COMMISSION OF TP~ CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE
AND TRASH" OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING "RATES AND
CH1\.RGES", "REGUL1\.R CH1\.RGES LEVIED", TO PROVIDE FOR
INCREASED GARBAGE AND TRASH SERVICE CH1\.RGES AND
FEES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
~ SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 51, "Garbage and Trash", "Rates and
Charges", Section 51.70, "Regular Charges Levied", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
Sec. 51-70. Regular charges levied.
The following service charges or fees are hereby levied for
garbage and trash service:
(A) Charges for the below-described garbage and trash pickup
service shall be as follows and shall cOllUl\ence when a
certificate of occupancy is issued for any residential or
commercial units, and shall continue monthly thereafter
unless service is discontinued in accordance with Section
51-72:
(1) For those customers receiving Type A, roll-out cart
service, the service charge shall be $3::3.,.59 $14.86
per month for garbage and trash pickup, except that
the levy for "Tropic Palms and Palms of Delray"
shall be $13.56 per month for garbage and trash
pickup.
( 2)
For those customers
side-door service,
$3::~.,.8~ $14.03 per
pickup.
receiving Type B, rear-door/
the service charge shall be
month for garbage and trash
(3) For those customers receiving Type C, curbside,
garbage and household trash in disposable containers
service, the service charge shall be $'jI.,.3::9 $8.17 per
month for such garbage and household trash pickup.
(4) For those customers receiving ~~e D, curb side in
owner's container (or for t.hose customers who, by
reason of disability, as certified by a doctor and
previously approved by the city, are unable to place
refuse containers on the street, and whose
collection by the city or its contractor(s) is thus
pursuant to the Type B, rear-door/side-door service)
the service charge shall be $3::9.,.89 $11.93 per month
for garbage and trash pickup.
1
ORD. NO. 118-88
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(b) Mechanical containers and commercial refuse container
service.
Container
Size (yd. /sq.)
2
3
4
6
8
2
3
4
6
8
2
3
4
6
8
2
3
4
6
8
..,
,.
'3
4
6
8
7-
"3
-1
6
8
(1) For customers rece~v~ng Type E, mechanical con-
tainers and commercial refuse container service, the
service charge shall be based upon the following for
such garbage and trash services:
Container
Pickups Monthly
per Week Billing Rate
1 $-49 $ 43
1 .,1 62
1 n 79
1 H:l4 114
1 B3 146
2 89 86
2 13:4 124
.., :1:45 158
r.
.., ?ea 227
'-
2 2&6 291
3 He 130
3 FH 186
3 ,HB 237
'3 :Hi! ::41
3 '399 436
4 3:&9 173
4 ??B 247
4 ~99 316
4 4'1:6 154
4 53i! 582
5 3:99 216
5 i!,,4 309
5 3&3 395
5 5i!3: 568
OJ 665 727
5 ?39 /.1;0
6 343: 371
, 43!'l 474
0
6 6?5 682
6 198 871
(2) Multiple-family dwelling units containing five (5)
units or more shall use containers emptied by
mechanical means, except as otherwise approved by
tht:l city because of lack of suitable space for a
mechanical container or other good reason.
(3) Commercial customers shall use such mechanical
containers and commercial refuse container service
(Type E). Commercial customers shall include, but
not be limited to, all office buildings, stores,
filling stations, service establishments, light
industry, schools, churches, clubs, lodges, motels,
laundries, hotels, public buildings, food service
and lodging establishments.
ORD. NO. 118-88
C:<..munercial customers may use any of the following
cuntainers for accumulation of refuse:
, (a) Commercial refuse containers. The city shall
require any commercial customer needing more
than six ( 6 ) such refuse containers to use
lUechanical containers, if feasible.
(b) Mechanical containers.
The owners/operators of commercial establishments
and other commercial customers shall accumulate such
refuse in such locations mutually agreed upon by the
owner/operator and the city or its contractor(s),
and which are convenient for collection by the City
or its contractor(s).
Containers emptied by mechanical means shall be
provided by the city or its contractor ( s). Such
container(s) shall be emptied on a schedule mutually
agreed upon by the customer and the city or its
contractor(s), but not less than one day a week nor
more than six (6) days a week. Maintenance of such
container shall be as set forth in this chapter;
provided; however, the city's contractor(s) shall
not impose any separate or additional charges to
customers or to the city for the rental or routine/
regular maintenance of such containers that may be
performed by the city's contractor(s).
(6) Commercial customers needing lcss than six (6)
refuse containers, and those approved for this type
of service by the city in advance because they lack
a suitable location for a mechanical container shall
also be serviced at least once per week. All
garbage and commercial trash shall be collected from
such refuse containers at locations agreed to
between the city or its contractor(s) and the
customer.
(e)
The charges set forth above for mechanical containers and
commercial refuse container service (Type E) shall accrue
and be payable on the total capacity of the container
whether or not it is full. Containers of the type and
size designated by the city and/or provided by the city's
contractor(s) shall be used. Where more than one user is
serviced by one container, the monthly charges shall be
levied to each customer by dividing the total monthly
cost by the number of custoIllers using such container;
provided, however, in no event shall the monthly service
charge be less than $49 $43. The term "customer" as
employed herein is any person Using the service or to
whom the service is available. Even if the customer is
different from the person who is actually billed for or
pays for the service, the minimum monthly charge referred
to above shall be calculated as to each such customer.
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ORD. NO. 118-88
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Section 2. That all ordinances or parts of ordinances which
are i.n conflict herewith are hereby repealed.
Section 3. That should any sect.ion 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. That this ordinance shall become effective immedi-
ately upon its passage on second and final reading, and the changes set
forth herein shall be applicable to all bills rendered on or after
October 1, 1988.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1988.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
4
ORD. NO. 118-88
[IT' DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE
_;IOS,J' 1~ISIIHTr.Sl'III.~ IH(R\~ HI\(II.I'IOl{ll),\_~.;";s,\
-l-il"T,'243-)IlYO 11!.!('llI'IIR -l1'7:2}~.....J75""
MEMORANDUM
Date: September 7, 1988
To: Elizabeth Arnau, City Clerk
From: Susan A. Ruby, Assistant City Attorney
Subject: Enclave 52 / Action on Ordinance
Our office has recommended that Enclave 52 be revisited by the
Planning and Zoning Board. We would, therefore, recommend that
the ordinance concern~ng Enclave 52 be placed on the
September 13, 1988 agenda in order that the Commission can act
on a motion to postpone the consideration of the Ordinanee
until after the Planning and Zoning Board can review the
matter. The motion should also include direction to bring the
ordinance back for City Commission action on first reading
after review at the Planning and Zoning Board level.
If you should have any questions regarding this matter, please
do not hesitate to contact me.
.:".~,?
"-.~ j '--
SAR:ci
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
Cl:Z~::AG'R
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: MEETING OF SEPTEMBER 13, 1988
AGENDA ITEM
ENCLAVE 52, CONTINUANCE OF ENACTING ORDINANCE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
consideration of the enacting ordinance for Enclave 52,
IandiMarino property between Federal Highway and Dixie
Highway.
Because of an improper legal description, it is
necessary that the item be continued.
BACKGROUND:
About two years ago, Avenue L which bordered the south boundary
of this enclave was abandoned through action of the County. The
abandoned property was not listed on the tax assessor's property
descriptions which are the basis for the legals used in noticing
the annexations. Because of a technicality in the manner in
which the advertising is to occur, it has been opined by the City
Attorney (with concurrence) that it is necessary' and appropriate
to reprocess this enclave.
In order to keep the ordinance number "open", it is suggested
that the ordinance now before the Commission be continued
indefinitely, as opposed to rejected.
RECOMMENDED ACJION:
By motion, cont~tlue consideration of this enacting ordinance
indefinitely.
.
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_._, ~'~._.__ ..u.___ _"',
ORDINANCE NO. 94-88
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 29. TOWNSHIP 46
SOUTH. RANGE 43 EAST. PALM BEACH COUNTY.
FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID' CITY; SAID LAND IS
LOCATED ON THE NORTH S IDE OF A VENUE "L" ,
BETWEEN U.S. HIGHWAY NO.1 AND DIXIE HIGHWAY;
REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; PROVIDING FOR
THE ZONING THEREOF TO GC (GENERAL COMMERCIAL)
DISTRICT: PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida passed
the Delray Beach Enclave Act, Chapter 86-427, Laws of Florida.
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach: and.
WHEREAS, pursuant to the Delray Beach Enclave Act. the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexati.on under the Act, with said referen-
dum held on November 4, 1986, in conjunction with a general
election for Palm Beaeh County. Florida; and.
WHEREAS, the referendum held on November 4. 1986, was
approved by a single majori.ty vot.e of said qualified electors;
and.
WHEREAS. the Ci.ty of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act. which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with the Delray Beach
Enclave Act,
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS:
5~ion 1. That the City Commission of the
Delray Beach. Palm Beach County. Florida. hereby annexes
City the follOWing described land located in Palm Beach
Florida, which lies contiguous to said Cit.y to-wit:
City of
to said
County,
Lots 1 through 9, inclusive. Block 4.
DEL-RATON PARK, and Lots 1 through 44.
inclusive (less the East 2 feet of road
right-Of-way), together with the 10 ft.
abandoned alley lying east of and adjacent to
Lots 1 through 10, inclusive. the 10 ft.
abandoned alley lying east of and adjacent to
Lots 22 and 33. and the South Half (S 1/2) of
abandoned Avenue "K" lying north of and
adjacent to Lots 1 and 32 through 44, inclu-
sive. Block 8. 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.
The subject property is located on the north
side of Avenue "L". between U.S. Highway No.
1 and Dixie Highway,
The above described parcel contains a 4.64
acre parcel of land. more or less.
Section 2 That the boundaries of the City of Delray
Beach. Florida, are hereby redefined to include therein the
above-described 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 113.886 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 GC (General Commercial)
as defined by existing ordinances of the City of Velray Beach.
Florida.
Section 4. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges.
immunities. debts. obligations. liabilities. ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
Section 5. That this annexation of the subject proper-
ty. including adjacent roads. alleys. or the like. if any. shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads. alleys. or the like. unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 6. That all ordinances or parts of ordinances
in conflict herewith be. and the same are hereby repealed.
Section 1. That should any section or provision of
this ordinance or any portion thereof. any paragraph. sentence.
or word be declared by a Court of competent jurisdiction to be
invalid. such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 8. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on this the
regular session
day of ___
on second and
. 1988.
-_._-- ..--- ---------..----.--
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 -
Ord. No. 94-88
--.- -""'-
ORDINANCE NO. 94-88
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 29, TOWNSHIP 46
SOUTH. RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED ON THE NORTH SIDE OF AVENUE "L",
BETWEEN U.S. HIGHWAY NO.1 AND DIXIE HIGHWAY;
REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; PROVIDING FOR
THE ZONING THEREOF TO GC (GENERAL COMMERCIAL)
DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida passed
the Delray Beach Enclave Act, Chapter 86-427, Laws of Florida,
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach; and,
WHEREAS'. pursuant to the Delray Beach Enclave Act. the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act, with said referen-
dum held on November 4, 1986, in conjunction with a general
election for Palm Beach County, Florida; and,
WHEREAS. the referendum held on November 4. 1986. was
approved by a sIngle majority vote of said quall.fied electors;
and.
WHEREAS. the City of Delray Beach has prepared an
Enclave Report outlining the City's plan for implementation of
the Delray Beach Enclave Act. which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; and.
WHEREAS. the City of
authorized to annex lands in
Enclave Act,
Delray Beach has heretofore been
accordance with the Delray Beach
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS:
S~ion 1. That the City Commission of the
Delray Beach, Palm Beach County. Florida. hereby annexes
City the following described land located in Palm Beach
Florida, which lies contiguous to said City to-wit:
City of
to said
County,
Lots 1 through 9. inclusive. Block 4,
DEL-RATON PARK, and Lots 1 through 44,
inclusive (less the East 2 feet of road
right-of-way), together with the 10 ft.
abandoned alley lying east of and adjacent to
Lots 1 through 10. inclusive. the 10 ft.
abandoned alley lying east of and adjacent to
Lots 22 and 33, and the South Half (S 1/2) of
abandoned Avenue "K" lying north of and
adjacent to Lots 1 and 32 through 44, inclu-
sive. Block 8, 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.
~o
The subject property is located on the north
side of Avenue "L", between U.S. Highway No,
1 and Dixie Highway,
The above described parcel contains a 4.64
acre parcel of land, more or less.
Section 2. That the boundaries of the City of Delray
Beach. Florida, are hereby redefined to include therein the
above-described tracts of land and said lands are hereby declared
to be within the corporate limits of the City of Delray Beach.
Florida.
~tion 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 GC (General Commercial)
as defined by existing ordinances of the City of Velray Beach,
Florida.
Section 4. That the land hereinabove described shall
immediately become subject to all of the franchises. privileges.
immunities. debts. obligations. liabilities. ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
~~ion 5. That this annexation of the subject proper-
ty. including adjacent roads. alleys, or the like. if any. shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads. alleys. or the like. unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions,
Section 6. That all ordinances or parts of ordinances
in conflict herewith be. and the same are hereby repealed.
Section 7. That should any section or provision of
this ordinance or any portion thereof, any paragraph. sentence,
or word be declared by a Court of competent jurisdiction to be
invalid. such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 8. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on this the
regular session
day of n,,__
on second and
___,. 1988.
-_._-- -.--- -~- ---.-----..-----.--
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 -
Ord. No. 94-88
MEMORANDUM
TO:
Walter O. Barry
City Manager
FROM:
Robert S. pontek
Director of Public Utilities
SUBJECT:
REPLACEMENT OF SETTLED MANHOLE - HAMLET
DATE:
September 7, 1988
Adjacent to a recently repaired manhole in the Hamlet is another
manhole which has settled causing blockage. We have installed a
temporary plug in the line to allow us to pump and haul the
collected wastewater each day. There are approximately 29 homes
on this reach of sewer and there appears to be extraneous ground
water now entering at the broken inlet pipe to this manhole.
Judging from the large asphalt repairs around this manhole, there
was repair activity in the past to merely elevate the asphalt to
grade.
We have approached an existing contractor we have under contract
installing the 36" raw watermain and obtained a quote from Solo
Construction in the amount of $14,850. We also requested a price
for this work from Southern Pipeline and have a quote of $15,700.
Both contractors view this work as equal in difficulty and time.
We also contacted the contractor who replaced several manholes
several years ago. However, we were unable to obtain a quote for
this single manhole.
Bqsed on the frequency of our daily pumping from the
manhole and the increase in flows we expect within
several weeks, we urge consideration of replacement at
The lowest quoted contractor has adequate manpower and
readily available to proceed with this work.
upstream
the next
this time.
resources
Funds are available
replacements as part
reduction program.
from the 1983 Revenue Bonds
of our overall Infiltration
for
and
manhole
Inflow
Thank
RSP:smw
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SOUTHERN PIPEUNE, INC.
Ul1Ul1ES CONTRACTOR
1471 Neptune Drive
Boynton Beach, Florida 33426
(305) 732-6711
City of Delray Beach
100 N.W. 1st Ave.
Delray Beach, Florida
Project - Location
Hamlet Drive and Wildewood Drive
Hamlet SUbdivision
Delray Beach, Florida
Date a-IO-aa
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Bid proposal to replace defective sanitary manhole
along with replacement of broken a" V.C.P. sewer main
to P.V.C. S.D.R. 35 pipe.
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1. Precast Manhole, 10" base,8"walls,painted inside
and out.
Cut 12.00
52' a" P.v.C. S.D.R. 35
2 a" Manhole adapters
2 a" Fernco adapters Clay to P.V.C.
50 Cubic Yds. Shell Rock '7 '-t- o.U-..
20 Gallons of anti-hydro
25 Tons 3/4 wash rock 11/'h>-v
Project
To~al,'}i15, 700.00
1. Permits and fees by others.
2. Stakeout and engineering by others.
3. Density test by others.
4. Replacement of asphalt for road by others.
5. Water for wellpointing by city fire hydrant.
6. Cleaning of existing sewer main by others.
~... ~i-
Doug Fox G
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SOLO CONSTRUCTION CORPORATION
1&2l51 HE 11TH AVENUE. SUITE 10
HORTH MIAMI BCH. . R.OAIDA 13182
(305) ~
PAGE..
. ___OF.,___
PAGES
.,... .. ~'( !".-,,}.':t~fu;i' u' 'l :# .to':' ~ .;.. "~l-.' .
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PROI'OSAl $V.MlTTED TO:
-
DATE
CITY OF DELRAY BEACH ATTN: ROBERT PONTEK
STREET
407-243-7000
JOO If-<
AUGUST 12, 1988
200.R.W. 1ST AVENUE.
orv. STATE.ZJI'
,J'HE JIAMLETS IN.DELRAY BEACH, FLORIDA
: .K>> tOCA 7ION
DELRAY BEACH, FLORIDA
AlfCHITECT
33444
. DATlO#/ltAJis
i
, JOII_
FURNISH & INSTALL ONE (1) MANllOLE,.AND 40 L.F~ OF 8" P.V.C. PIPE INCLUDING
DEWATERING AT THE IlAHLETS IN DELRAY BEACH, FLORIDA:
. LUMP.
SUM ~. i, :' ..'!': :,.*'.&"s,cn,,,n,. '.".:',
... ..... ......~..~~~~~~..~-~..~,,~~~_.
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r',l"AYMEW,r.-1!~:';~t~,:,~, \~:-f,;':~;''Mi:I~t;!I~':~*--;~)'1:r't'l'~:!l'~~*~~~f1~:2';t*'';'::'f:i'-)~1":i~r:.r"'l;f't;:::"''-N''Sl\'i'?:'
WE HEREBY PROI'OSE TO FURNISH LABOR AND MA TtRIALS COMPlETE IN ACCORDANCE WITH THE A.OW- SPECIFICA 7/0NS FOR THE SUM OF:
.FOURTEEN IHOUSANDEIGHT HUNDRED ANi:> PInY. DOLLARS .AND 00/100"'**** DOI.LARSII "'*14,850.00*"'*"'*
WITH PA YMENT AS FOLLOWS
INVOICE BY THE 25TH OF THE MONTH: PAYMENT DUE BY THE 10nl OF THE
FOLLOWING MONnI:
CONDITlONS:A" "ATERIA< /SGUARA"TEEO TO"E" SPECIfICATlO"S, AlL WORK TO BE CO"PWEO '" A PROIES"O"A<. WO",MA""" "AN"ER ACCORO'''G 10 STANDARD
PRACTICES. ANY At TERATION TO OR DEVIATION FROM THE ABOVE SPECIFICATIONS INVOI.. VfNG EXTRA COSTS Wit, BE EXECUTEO ON! Y UPON WRITTEN ORDERS, AND WILL BE BiLlED AS
AN EXTRA CHARGE OVER AND ABOVE THIS ESTIMATE. ALL AGREEMENTS CONTINGENT UPON STRIKES. ACCIDENTS OR DELAYS BEYOND OUR CONTROL OWNER TO CARRY FlRf. TORNADO
AND OTHER NECESSARY INSURANCE. WORKERS ARE FULL Y COVERED BY WORKMEN'S COAAPENSA TION INSURANCE,
NOTE: THIS PROI'OSAl. MAY.E WlTHDRAWN.YUS IlNoT ACCEPTED WITHIN
30
~.;ACCfPTANC~,
DAYS
THE ABOVE ""OFOSED MICE!, SPlCIFICA TIONS ANDCONDITfDNS ARE SArtSFACTORY AND HEREBY ACCl1'IID, rOUARE AVTHORIUO TO COMPt..ErE rHIS WORK AS SPECIFIED PA rMflvr
WILL .EMADEAS INOICArEDA.OVf
>~~~' "':,,?:I...,::. '-I'" "'.':t. .t~ '.~:r<..:_1~~~"'~.~~~~~/~,:~,.~'~ '/ f: 'J).:,~., '.\;??,;'l": "i>"~~;~~~,:.:,"<
AurHORIZED SIGNA TURf
.
SIGNA TURf
DEPAF ;MENTAL
CORRESPONDENCE
[ITY DF
DElRAY BEA[H
TO Walter O. Barry, City Manager ~
THROUGH: Frank Spence, Interim Director of Development
FROM Vi~Gerald B. Church, P.E., City Engineer
J
Services
SUBJECT
ATLANTIC AVENUE BEAUTIFICATION PROJECT _
SIGNS & LOGO
DAH 9/7/88
The signage for the Atlantic Avenue Beautification Project has not been resolved.
Mr. Nestler of Sasaki and Associates presented the sign package to the City
Commission several times. There was concern about the entry sign, and it has
been deleted from the plan. However, approval is required for the remainder
of the signage, which involves colors, type of post, framing and logo for
regulatory signs, parking lot directional signs and street name signs.
The contract between the City and Sasaki and Associates included the design of
entry signs, a logo and parking lot directional signs. During the review phase,
it was decided a total sign plan was needed. The Downtown Development Authority
contracted with Sasaki and Associates to do this additional work.
The signage plans have been reviewed and approved by the Downtown Development
Authority and the Community Redevelopment Agency. The Community Appearance
Board did not like the entry sign since it was not in keeping with the tradi-
tional theme established for downtown. As indicated above, it has been
deleted from the project. At this time, City Commission approval is needed
for the logo, regulatory signs, parking lot directional signs and street name
signs.
GBC:mld
].. 2--
eM 362
THE EFFORT ALWAYS MATTERS
MEMORANDUM
TO: WALTER O. BARRY - CITY MANAGER
SUBJECT:
LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT fP
CBD COLOR PALETTE
SEPTEMBER 8, 1988
FROM:
DATE:
Attached
approval
signs as
please find staff's recommendation for City Commission
on the proposed color palette for in-house approval on
it relates to the new Sign Ordinance 84-88.
The palette has been reviewed and recommended by the Community
Appearance Board and at this time requires City Commission
approva.l of the same. Staff will be available for City
Commission questions at the Commission meeting.
LB:DQ
Attachment
Disk - Lula
A:Colors.CC
1-3
,
._~.,~. ..-----.-
... ....-...-
~
,
MEMORANDUM
TO:
Walter Barry, City Manager
Lula Butler, Community Improvement Director tI.?
Joyce A. Desormeau, Occ. Lie. & Sign Admin.~
September 6, 1988
THRU:
FROM:
DATE:
SUBJECT:
COMMISSIONER APPROVAL FOR CBD COLOR PALETTE
Request Commission review of color palette, which was recommended by CAB
for the new CBD s~gn ordinance No. 84-88.
This ordinance allows staff to process signs (i.e., 1 flat wall, 1 projecting,
and 1 under canopy) without CAB review, using approved color palette.
The red dots under selected colors on color chart indicates sign accent
colors for wording and design. The remaining colors are to be used for
background colors.
... ~._. """
.
~
~RnINANCE N~ 81-8B
AN ORDINANCE OF' THE CITY COMlUSSION OF THE CITY OF
DELRAY BEACH, FLORIDA, 1,MENDING TITLE X:V, "BUILDING
REGULATIONS", CHAPTER 162, "SIGNS AND BILLBOARDS",
SECTION J62.a"10, "PERMIT REQUIRED; APPROVAL PROCESS;
EXCEPTIONS", BY AMENDING SUBSECTION (B) (2), OF THB-
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY ENACTING 1\ NEW SUB-SUBSECTION 2(g) TO
ELIMINATE THE NECESSITY OF COMMUNITY APPEARANCE
BOARD APPROVAL FOR CERTAIN SIGNS WITHIN THE CENTRA~
BUSINESS DISTRICT ZONING CT.ASSIFICATION, 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 X:V, "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, and 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 si9n to the Corranuni ty ~.ppearance Board for their
review.
Section 2. Tha t 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. Th~t all ordinances or parts of ordinances
which are in conflict herewith al'e hereby repealed.
Section 4. That this ordinance shall become effective ten
(10) days after its passage ~~ ~econd and final reading.
PASSED j~lD ADOPTED in regular session
reading on this the day ~f
on second and final
, 198B.
ATTEST:
MAYOR
City Clerk
First'Reading
Second Reading
~
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Mayors ot Direct Member Cities ""-", 1.... .......
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Alan Beals, Executive Director tlLu- ~ =-=.-
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01
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1301 I'erlnayMnIa -... NW
_ngIIln. o.c.
20004
(202) ll>>3OOO
Fu: (202) ue 3043
August 22, 1988
To:
From:
Subject:
Designation ot Voting and Alternate Voting Delegates,
Annual Congress ot Cities, December 3-7, 1988
Boston, Massachusetts
Under the Bylaws ot the National League ot Cities, each direct
member city is entitled to cast trom one to twenty votes, depending
upon the city's population, through its designated voting delegate
at the Annual Business Meeting ot the Congress ot Cities. (See
table OD reTerse side.) This meeting will begin at approximately
10:30 a.m., Wednesday, December 7, 1988, in the Hynes Convention
Center. (Please consult your convention program at the Congress of
Cities for the exact starting time and place of the. meeting.)
To be eligible to cast the city's vote, each voting delegate
and alternate voting delegate must be designated by the city
on the attached form and the form forwarded to NLC's Credentials
Committee. NLC's Bylaws expressly prohibit voting by proxy. Thus,
an official of the city, properly designated, must be present at
the Annual Business Meeting to cast the city's vote
or votes.
To enable us to get your credentials in order and to provide your
voting delegates with National Municipal Policy and Resolutions
materials prior to the Congress of Cities, we ask that you
copy of the completed form to NLC on or before
~. A pre-addressed envelope is attached. Upon
receipt of these names, NLC will also send each voting and
alternate voting delegate a set of instructions on registration and
rules governing the conduct of the Annual Business Meeting.
To assist your state municipal league in selecting delegates to
cast the League vote, please forward the YELLOW copy of the
credential form to your state league office and keep the PINK
copy for your records. ----
Attachments
..... ~ ... ...........,..,., u. ~ c:.IiIIlrI*. ....., CL CIItW-.... s.n.-.-.. .... ,.. L.......... ...... ScodMct NIck. Nol'Itl CMlIIIna. w-.. H. HudnUt.
.. ~ IndIenIipoIII. ""*'- . 0IeIWt ~ ...,." .. ...... ~. ........ ...... ...,.." ......... 'MIconeIn . ......... ........ ..... ....... ,..., v... . .....
.......... ~ ......GIoIgla. a.tIIII................. '..~.L~.. .......~ ---.......~0N0. .........,..............~IIInDII........,
... ~ . ..... NMtOrtNM, LoulI6Ma. .................. &.ncI....., 1Mchipn. ..... L --. &,..... NDnfI o.re..n'..... c.aIftIe ..... c....... EIDIcuCM
DncIor, ,.."............. ~. MIl ~ eo..........~ ....~......... CIIIIDmIe. ...., a.II. eo........ 4.1._.-..... ~. ~ DIll. ..... 0weNnd PIrtc, ICenMI
. ~ c. ...... e.cutIw DhcW, .... __ ~ of..... . ....... PwNI. COl....A._.. LDI,-"-,, ~ . .... ....... b1IcutM 0trIcIDt. ue.h l..MgIa of CItIIla
. ...... . L AftIU.... Mayor, "'"...... ... 'IorII . ..... L..... .... PID 'lint, 0rtendD, FIortdIi. ___............ eo.,.,lCIm-.lb... ,..... CIIII:In* . ........ .-..-.
!JDIeuttwe DiMCIDr, North 0.-. ~ofCltlel. ......... A...-...... NorfaII. VIfgln6I.. awIIII......... CNlIrMM. ............... ArIIngIOn. .... ~ -. ................
Atdermen, ~ ~ . ... o~ l 1. eo........ l. ..... ..~.t.~. . ................. Plene, South 0-... ...... ....... ..... CoUntIuI. OhIo. ......
M........... Counc:MlMn, Yuma. ~. ....,~ .-... DftcIW,'-""" LMgutof............. _c........ AkIenMn.1l LouII......... ..............
CoIA-iIl~~ 81. PU. MIMeeDI8 . __ ......... c... II ._.. ,.... .... . ~....... Col.. ..:It .L. ..... ~a."", . ......... A. ..... bIc:uItve 0irIcI0r.
~ ~ L.Mgult................ PID" LumberIDn. NotI'I CaroIIM....... ~.I:l......... 0WICIlW. -IIDC'II'C. 01 ktMO CItieI
1-tf
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,
National League of Cities
Annual Congress of Cities
Ru.ber ot Votes - Direct He.ber Cities
Article IV, Section 2 of NLC'sBylaws specifies as follows the
number ot votes which each member city of the National League of
Cities is entitled to cast at the Annual Congress of Cities:
City PODulatioD Nu.ber ot Votes
Under 50,000 1 vote
50.000-99.999 2 votes
100,000:-199.999 4 votes
200.000-299.999 6 votes
300.000-399.999 8 votes
400,000-499.999 10 votes
500.000-599.999 12 votes
600.000-699,999 14 votes
700.000-799.999 16 votes
800.000-899.999 18 votes
900.000 and above 20 votes
Note: Member eities are required by the Bylaws to cast unanimous
votes.
(
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.
~
.
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C( 1('7
---
[ITY OF DELRAY BEA[H
r:;-<('
I
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CITY ATTORNEY'S OFFICE
Jl(J S.l.. \s: SIRI,I T, Sl'ITI -+ IJI i ]{\) 1\1.\\'11. I !.DIU!) \ .\3-+:-;."\
4()7/~4 \.70')11 I-I I I ( (Jj'll I{ .lil'" 17,';--.1. 7 5<'i
MEMORANDUM
Date:
September 1, 1988
From:
Jeffrey S. Kurtz, Assistant City Attorney
~1fy
To:
Walter O. Barry, City Manager
Subject:
Marina Delray - Commission Aqenda Item
It would be appreciated if you would schedule settlement
discussions with the City commission with regards to the City
of Delray Beach vs. Booi Services case at the regularly sched-
uled Commission meeting of September 13, 1988.
The City's litigation with the owners of the Marina Delray is
ongoing and in a separate foreclosure action, Southeast Bank is
awaiting a final determination on their foreclosure from the
Fourth District Court of Appeals. Once Southeast is finally
successful in their foreclosure action, the property will be
controlled by David Graham.
Mr. Graham, on behalf of Gramco, Inc., and a John Milroth who
owns Erie Properties, Inc., have entered into a contract for
the purchase of the Marina Delray property. The purpose of the
meeting with the Commission will be to have Mr. Graham and Mr.
Milroth outline their proposal for an alternative use of the
Marina Delray property, which may form the basis for a settle-
ment of our action. Their proposed use of the property is as a
retirement hotel, and Mr. Milroth has indicated he would
furnish us with a writing describing the details of t,he pro-
posal by September 7, 1988 so that staff can review the matter
and be prepared to comment at the September 13, 1988 Commission
meeting. I have attached a copy of the contract between Gramco
and Erie Properties, which should be included in the agenda
package.
Should you have any further questions concerning this matter,
please do not hesitate to contact our office. Your attention
to this matter is appreciated.
JSK: sh
Attachment
cc: City commission
David Kovacs, Director of Planning & Zoning
Lula Butler, Director of Community Improvement
Frank Spence, Interim Director of Development Services
~('
~IJ J L;;' _\'?.l\l.\l:j,~.V_~l2...--1_l..NC_..
_0.o9_~r,U;,I2..Qrate ..12.<: '-,-.S..uite 500, F't. Lilllnel:.da
J"IUE PPOPEPTIES.J_ _,>JC. , a Florida corpora tion
3850 Northwest 2nd Avenue, Boca Raton. Florida
-EJ.,'
1, 1, 1, 1, 4 1 Phon.
," "Soller"
491-3500 I
l;'lly "lirel) thlt tho Siller lhlll nil .nd Buyer Ih.ll buy the following proP.rly upOn thl 101l0;"^'lng \um~
~'E~(eto Trel'll..!lClionl on the rcvarte hueof or ttuched herltto, hertln.lttr referr&d to II "$undeld(,l".
33431
, III "Ouyor"
(PhOM
end tondltion, WHICH INCI-UDE.
4-
DESCRIPTION .,,, Palm B~ach
(DJ LCQiJl dau;riptlon 01 roal ostlll' ( rroperty ) loceted In
SEE EXHIBIT "A" ATTACHED HERETO.
C(,~"ty, Floridtl.
~
"'v>
Ibl
'01
Stroet ilddreH, it ony, of tho ProPtlrty bllinO cOnlleyed II 244 Vene t i anD r i ye ,
PerlonllproportylnClu!led: Furniture, furnishings, equiprnent
EXCLUDING phone equipment and televisions.
Delray Beach, Florida
and inventory,
PURCHAse PR'CE,. $ _~-,-_G5QJ_Q..Q..Q..,,]0
PAYMENT:
'.1 ""P"I<")'Ob.".'''ln",'owb. EDWARD ODDO, JR., P.A.., Trust Acct.
7_~.s-,ut.eJ:.....notic.e o~ ae<;ep-1;a.G-le-t-i-t.-J.-e_'o '''' '0""0' 01, ,,_, 5 000.00
(bl ~'.cdJioct to AND lIIHlIl1ptlon of Morq,llUe in lallor 01
bellrlng Intllrut It % plfr ennum end pllyable 81 10 plintip~lllnrj
p,r month, hilling an IpprOltlm,te prllont prlnc'PII b,larlCo 01 . S
-0-
i''lll/est $
'01
f'urchln money mortgllge and note bearing Interest It
principal amount of
" on t,rm, tll forth herein below. in the
rINANCING: If Iho PUrchASO prlco or I1ny part thoreof II to be financed by a third P,Hty 10/ln, thi, ContrllCt lor Sale Ind Purchase, ("Contract"), Is con
n,.',J "pon tho B\Jyer oblalnlnu a firm comrnilmont lOt laid loan within (lilYs from elate ~'creof, at en Intorost 18" not to excc~,1
--';Eo; (orrn of _yeaa; end In Iho prIncipal .mount of $ Buyer agrflu to me..e application for, and to Ule r'UOnablB dill.
' lQ Obleln lold loen. Should Guyer hUto Obtlin 11m, or ~r:ellle D~yer', 19hts hereundor Within leid l,rTla, eilher pe/ty m.y cllncel Contract.
TIT LE E V, 0 ENCE: Within _S.ix..tY--L6.Q.) daYI tt'~Q~ ..~!2.S,..(2l~~!Jt~/shllll, lit hi, I>IDenlo. ,Iolivo. to Buyor or hll attorney, In acccrdllnc'l with
,,," A., .1""" ICH 'OK) 011) u. iXI2L III '"""".0' 12) "'" ,oou,,,,, ,0,",ml"",0l wi", I" uwo" , ,I", polle. p,,,,,lum 10 b. P":!". S,II" " ,Io,'og.
TIME FOR ACCF.PTANCE AND EFFECTIVE OATE: If thll olfllr I, not uecutod by bOlh of Ihe partios he.oto on or before n a ., ,
d()t",l~ill (le",lIit(,1 ,1'illI 110, ,II lhu OI)\lon 01 UUYllr, roturnlld to hi", t1nu this ollar shllll thllrnullor Ill) null ond IIO,d. Th'l ,Jltc of Contract ("Effoctlve Dllte'.:
bn tile uato ",'lcn lho laS! oni! 01 the Sellllr III'd Buy,r he, ,Ignod thi, oUllr. ~(9B9 r---(
.CI.OSING :)AT[: This lIanuclilln d1811 ta clolad Ind thl! dllld .nd oth., clollng (l'PO'1 d'llillerod on Th!! -liCCLrlilY of _""_ _
~_8_, unleH 'Ilt&ndod by Othor tHOvlsion, 01 Contrllct. """
HI:.STR1CT10NS, EASl:MENTS, l.IMITATIONS: Tho Buy,r thllll tilt, titl"ubject to Zonin~, rc~trir:lion" pronibitionllnd Othl!r rOQuiremenUlmposed by
r""~nllll 'Ull':Hity. Restrictionl IInd mattor, olJpo,ring 011 the pint or Olhorwi" comrnon to th, ,vudiv'SiOI\; Public ut"dy l'!lUornnl\lI of record, (prOvidlln Hlit!
1(,"1~ are 10cill<ld contiguous tlHOIJl'1houl Ih, prOPelly lin" end II" nOT more then 10 fHet in wiellh 0' to Ihll '11ft' 0' front lina, and 7Y, 11I1t! In width at to ,h..
lill"'. unlQU !Jthorwiso sPllcifieu horeinl, Tllx" lOr veor 01 CIOII!)g end 'vbseQuent yea", U~'."ller;l mO'IlJI'll,iClI nnlJ :'JurchlSO mon,y mongaget, If IIn'"
TOTAL
.$ -0..;
$ -n-
.$ 1,625,000.00
$ -L,.Ji.5n nnn nn
101
I.)
Other
Uolenca to clote, lu.S. clSh, certified or cashier', Ch.clt) lubJ'ct to edJustmentl end proreliOrH
lJ'j.,I, hOWOIIIl.. 1IHlt no no of tl18 I()rcoolng 'holl IHllvenl UIIl of thlt I'>rOlH"IY lor tho pU'PO~C or Rc.t.i.rJ;!rI'Cr1...UlotCL.Hit.h-.c.ity-B..;::>,provil1
!JCC;UPANCY: Seltor r'JpreSOllll Thilt Ihoro Ir" no Pllrtitlsln OC(:~lI.liln~y othll' then Seller, but if PrOlJefll' i~ inllll1dcd to 1,)<.: r~nt::(J or occunl'tl beyond closi"\}
nLl ,,,HI lerm~ n1l!'llot sl1,,1I bo stnlo(J heroin, .'nd tl10 tonant(.) ,/1,111 I), dllcJOlltd J'lurluOnl to Stnnrl,Ho.I G Sr.II,), 'l<)II;as to r.ll'!iver OcCtJplIncy ell Property nt
()t <.:losinO unl~H otherwiso mecllllld bolow, If Occuplncy It to he delivered prior to closing, Buyer 3'hJjnl~S all rl~~ QI Iou to Prop arty from dele 01 OCCu
'.1'0111 be rosponsiLlle Gnu lialJlu fllr mlllntcnlnc. thettrof ftom ukl <liltU, and 'halt bo dllllm~rJ 10 hnvo' Jrt;'~ptoiJ thl' PrU)l[:(!Y. rll,')1 ~nel.p'!rsonaJ, 11'1 in ollistin'j
(1,," <IS of time ()I lilltlnU C)ccvpilncy unlen oth"rwlll nOted In wrlt,ng.
"",;,SIGNABILITY; lCHI!CK ONf:l Buyer r.{)mey lIul~n 0 mllY not nllllln, ConPllct
.r"PEWRITTEN OR HANDWRITTEN PROVISIONS; Type....rotlon ()r rl,nd",'itt"n provlslonl inle'T,)l1 here,n 0' (lIlaC/led horllto " Addenda ,hell <:ontrol
!lIed prOvision, in conflict 1herewiOl.
It;SULATION RIDER: II Cont'lll:! Is Ulcd for th, 101, of I new rOlldOr'lCe, the In'ultltion FtirJ~r Ih,,1I Ul! dlltll;hl'(J herolO ilnd mncJe I port 110root.
SnCI^LCLAUSES: (a) Contract is subject to Seller teing able to deliver accer.>table title.
Guyer reserves the right to substitute any and all equity he may ;:ossess in that certain
i\lrCel of land designated as Parcel 3, as set fortll in Exhibit "R" attached hereto, at an
ugreed value of $6.50 per square fect. Said sum shall l:e crcrJitC2d for the dePJsit and/or
clsh due at closing.
THIS IS INTENDEDTO BE A LEGALL Y BINDING CONTRACT.
IF NOT FUllY UNDERSTDDD,SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING,
------
TH)S FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REAL TORS AND THE FLORIDA BAR
COpyright 1981 by Th. Florid, SM and the Florida Auoclntlon of
----------------
Executod by Suyer on
rlEA~OR/j C
,
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ERIE PROPERTIES, INC., a Fla;' corp.rse.'LI
B
(~uyor)
r- \.'~,
"QU:"~
(Buyer)
(SEAL1
rSE^ i.1
(SEAl!
rd Oddo, Jr. ,iE"'OwA,.nll, Attorney at Law
::.RAGE FEE: Seller Igrees to pay tho r~glUlrod roal IStlt. Brolt.er namad below, It tlmo of clo,lng, f,om the dllbursom.nu of tl"le prOCI!I&ds of Ulo, r.om
on In th, emOllnt of ~~ of grOIl purch... prlc:. or $ ,for hi, SI/vil,;e'ln efl~ctlnll the 1~lft by finding a Duver, roneJy,
and .u~Jlo to purchoso pllIIU.nt to thll foregoIng Contrac:t, In th. ....111'01 Buy.r fllll, to perform Ind dllpo,l!l,l It retained, 50% thcreof, but not 'xceec:1lng the
., IC\l i'lbo.... computod, 'h.11 be paid to 1he 13rOker, ., full conllele,.tJon lor Broko,', ur...lcu IncludJng COtl, ollpeneJed by Brolter, end the ballll'lce 'l1atl t)"
Setler. If the trllnlil~tlon 'hill not b. clolod becGulO of rafuIII or failure of Saller to perform, the Sell,,, shill! PIlY said 11I1 11'1 fult 10 Broker on demand.
NONe;
(S E A Ll
(Nllme 01 Droker)
(SEAl.J
(Seller)
~V. J/G1
(SEAL)
(Sal'or)
[Iry DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
310 S.I , bl STREET, SUITI': -+ DI'LRi\ Y Bh\CH, J'TOR[!)..\ 334R.l
4(17/243-7fI90 rU.I'COl'ILl{ 4()7/27o-4755
MEMORANDUM
Date:
September 8, 1988
To:
City Corrunission
'Walter' 0., Barry" Ci~y Manager,{
",' ,
From:
Jeffrey S. Kurtz, Assistant City Attorney
~l
Subject: Erie Properties, Inc. Intended Use of the Marina
Delray Facility
Attached please find a letter from Mr. John Milroth, President
of Erie Properties, further detailing his proposed use of the
property. He has renamed the facility The Bayside Club and is
currently not operating the hotel, bar or restaurant use. The
eventual plan for the facility is to turn the existing rooms
into small apartments with tenants having the option of having
one or two room apartments. There are presently 42 rooms i.n
the hotel and therefore it could be anticipated that there will
be somewhat less than 42 units rented because some of the
projected tenants will certainly want the extra space offered
by the conversion of two present hotel rooms into one apart-
ment. As indicated in Mr. Milroth' s letter, the plan is to
have the bar and restaurant used solely for the tenants of the
club and he will in addition to providing their meals, have a
schedule of activities available for the residents.
It is my understanding from Mr. Milroth that he is only seeking
ambulatory persons and will not be providing any health ser-
vices at the club. The staff will provide further corrunents on
the use at t.he Corrunission' s September 13, 1988 meeting and
should you have any questions concerning this matter, please do
not hesitate to contact our office or Mr. Milroth personally.
,JSK: sh
AttClchment
cc: David Kovacs, Planning & Zoning Director
Frank Spence, Interim Development Services Director
Lula Butler, Director of Corrununity Improvement
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Erie Properties, Inc.
Developers. Project Managers
September 6, 1988
City of Delray Beach
City Attorney's Office
310 S.E. 1st Street, Suite 4
De1ray Beach, FL 33483
Attn: Jeffrey S. Kurtz, Esq.
Re: Intended Use
Marina De1ray
Dear Sir:
As you know, we have a contract to purchase the above captioned
property subject to certain conditions and approvals from the City
to allow us to operate the facility as a retirement hotel catering
to the ambulatory market only as we will not be providing health
related services.
We are presently in the stages of exterior renovations which will
be 1 imi ted to new landscaping, exterior painting, and the
replacement of a new canopy. Inside will consist of general
cleanup, repairing leaky plumbing, kitchen cleanup and painting
and repairing the common areas. This is as far as we are prepared
to go until the seller can deliver title which we are told should
be by year end.
When the final conversion is completed, we will offer all the
services required for a first class facility including three meals
per day, arts and crafts, reading room, card ropm and a full
schedule of activities.
What we have outlined in the form of limited improvements for the
present time will make the facility more appealing for the area.
FOllowing is a schedUle of requirements that will have to be
negotiated in order for us to proceed for our intended end use.
1. Proper zoning
2. Approval for small kitchenettes in the rooms. This could
be a small unit 30x30 that has a small sink, 2 burners and
a small refrigerator.
3. A license to operate the bar for the exelusive use of the
tenants and their guests.
4. The approval to update and lease 7 boat docks for the use
of the tenants.
These are the main points, and we will tell you up
no interest in the property other than stated.
position and of course cannot speak for the owner of
front we have
This is our
record.
~R~() N \>J ?nrl AvP'nllP . ,c;llitp #4 . Rnr;:, R?ltnn Fl ~1L111 . (l()t:)) -~q4-Q 177
Mr. Kurtz
September 6, 1988
Page 2
We are possibly looking at ~ two step program. The first step
hopefully is that the seller can deliver title or at least give us
assurances of a Closing date by the 1st of October. If a future
closing date cannot be determined by October 1st, we plan to
operate the facility on a monthly rental basis to a select
clientele to help defray our carrying costs and insure our capital
investment. The bar and restaurant will not be open to the
general public in this interim period, but will be open on a
limited basis for our tenants only. It will give them a palce to
meet in their leisure time. We will have very strict rules of
conduct and behavior attached to any prospective Interim tenant.
We are looking forward to working with the City, and both Mr.
David Graham and myself will atttend the September 13th hearing.
Sincerely,
John oh__ h1roth, PreSident
Erie Properties, Inc.
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ADDENDUl1
'""'\M ~
THIS ADDENDUM made and entered into this /~
ERIE PROPERTIES,
, 1988, by and between GRAMCO G. P., INC. and
day of
INC. ,
a Florida' corporation,
and/or
assigns, which parties are designated as "Seller" and
"Buyer", respectively, in that certain Contract for Sale and
Purchase to which this Addendum is attached as Exhibit "C".
WIT N E SSE T H:
that certain Contract for Sale and Purchase to which this
WHEREAS, the parties hereto have executed and delivered
Addendum is attached; and
WHEREAS, the parties hereto wish to incorporate certain
modifications in and to said Contract for Sale and Purchase.
NOW,
THEREFORE,
in consideration of
the mutual
for Sale and Purchase, the parties hereto agree as follows:
valuable consideration as set forth in that certain Contract
covenants herein contained together with other good and
1. The Buyer shall determine the cost and
feasibility of reasonable conversion requirements
of the property to convert said property to the
usage of a "retirement hotel". It is anticipated
that the cost of such conversion will not be
greater than $350,000.00. In the event the cost
is determined to be greater than $350,000.00, the
Seller, upon being notified of sid excess cost,
will have the option of:
(a) Reducing the purchase price by an
amount equal to the excess cost and
closing the transaction with the Buyer,
or
(b) Obtaining separate and independent
bids for the conversion work specif ied
by the Buyer to reduce or eliminate the
excess sum. PrOVided, however, the
binds so obtained by the Seller will be
acceptable to the Buyer, or
(c) The Seller may terminate this
Contract and the parties hereto would be
released from any obligations hereunder
and the deposit placed in escrow by the
Buyer would be returned to the Buyer.
In the event Seller terminates this
Contract, Seller shall reimburse Buyer
for all out-Of-pocket expenses /
attributed to this project, not to~, .
exceed the sum of $25,000.00, ~~ .
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2. Seller agrees that the above-referenced
conversion cost of $350,000.00 does not include
the expense of purchasing a phone system and
televisions. The Seller agrees that any and all
costs for said phone system and televisions shall
be Seller's responsibility and Buyer shall be
entitled to a closing cost credit and/or direct
payment from Seller.
3. All plans and specifications relative to the
modifications required on the premises will be
submitted to the Seller immediately upon
completion so that Seller will have an opportunity
to obtain prices and bids for the con templa ted
work. It is understood and agreed that all such
modifications or remodeling will be for items that
are reasonable required for the conversion and
that the parties will work in good faith to keep
such conversion expense below the $350,000.00
amount set forth above.
4. If the Seller cannot deliver an acceptable
title and close this transaction, the Seller shall
reimburse ERIE PROPERTIES, INC. for all out-of-
pocket expenses attributed to the project, but in
any event, not to exceed $25,000.00.
5 ~
contingent upon the Buyer obtaining a ptable
loan commitment within sixty ays from the
date Seller provides a ti nsurance commitment.
The title commitme all set forth that ther
are no pend in ters of record that would affec
the mar ility of title and that all pendin
app s have been resolved. Said title commitme
all be tendered no later than the d
of 198
IN WITNESS WHEREOF, the
set their hands this /0
1988,
parties here,t 0 have ~reunto
day of \~.~_ !.f. y- ,
/
WITNESS:
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l/&.u cf:t;
ERIE PROPERTIES, INC., a Fla.
Corporation
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[ITY DF DELAAY BEA[H
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
3051243.7000
MEMO
TO:
Mayor Doak S. Campbell
City Commission
Walter Barry
1'.H.
Patricia Healy, Chairman
Historic Preservation Board
FROM:
DATE:
September 7, 1988
SUBJECT:
Signage Designation
The Historic Preservation Board has studied the importance
of the signage designation for the three Historic Districts
in Delray Beach. The Board feels it is a vital recognition
for the Districts to have this site visibility for residents
and visitors.
At the September 1, 1988 special meeting, the Historic
Preservation Board unanimously approved a sign design
replacing the current signage. The proposed design for
existing street signage will have "Historic District"
encircling the City Logo. The logo will be located to the
right of the street' s name. The Historic District Signage
will be reflective blue with white lettering.
The Engineering Department has
Preservation Board in the
compiled cost factors.
been wprk~ng with the Historic
design stages and they have
A sample of the proposed sign will be presented at the
Commission Meeting for your approval.
PH:ep
THE EFFORT ALWAYS MATTERS
JiS
DEPArTMENTAL
CORRESPONDENCE
CITY DF
DElRAY BEACH
~(i
TO Walter O. Barry, City Manager
THROUGH:y~erald B. Church, P.E., City Engineer
FRO~~ David M. Harvell, Assistant for Streets
SUBJECT
HISTORIC DISTRICT STREET NAME SIGNS
0/-\ Tf
9/7/88
Pat Healey of the Historic Preservation Committee requested the Streets Depart-
ment to provide an estimated cost to install 50 street name signs identifying
the designated historic districts in the City.
The estimated cost for 50 signs is as follows:
Sign material - $500
Labor 50 man-hours @$12/hr. 600
Total $1,100
DMH:GBC:m1d
eM 362
THE EFFORT ALWAYS MATTERS
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
~ER O. BARRY, CITY MANAGER
~) Q~:V( ~ .~U CcGI_
DAVID J. KOVACS, DIR~OR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: MEETING OF SEPTEMBER 13, 1988
AGENDA ITEM
DIRECTION REGARDING LOCAL ROAD IMPACT FEE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
providing direction as to how to proceed, or whether to
dispose of, a "local road impact fee" which had been
devised a few years ago.
BACKGROUND:
Prior to my 'arrival with the City, a special "fair share formula"
for a "local road impact fee" was developed and applied to some
development proposals along Congress Avenue and Linton Boulevard.
The fee has been applied as follows:
* Delray Park of Commerce $64,594 paid
* LINPRO approximately 17,000 paid
* YU Brothers 275 assessed
* Crystal Ice, under calculation
* Delray Town Center, not applied under most recent site
plan action.
Apparently, it was imposed as a condition of
guidelines, criteria, and ordinance work to
fOllow-up work has not occurred.
approval
follow.
with
This
Since its inception circumstances have been altered to the point
of questioning the validity of the program as it relates to the
original intent which is stated as "providing funds for the six
laning of Congress Avenue and Linton Boulevard". Congress Avenue
is currently being widened to six lanes (two years ago it was
thought that Congress would be widened only to four lanes).
The obligation to widen Linton rests with the Knight development
project.
2-1
To: Walter O. Barry, City Manager
Re: City Commission Documentation
Direction Regarding Local Road Impact Fee
Page 2
ASSESSMENT:
Since the original intent of this special fee no longer seems to
apply, and if it is to be retained it should be formalized in an
ordinance which must address items such as:
at what stage of development approval does it apply?
how does it relate to the County road impact fee?
is it to be collect upon properties after the street
has been widened?
how long into the future do we continue to assess and
collect the fee if the improvement is already made?
and more, I'm sure.
it is the opinion,of the City Engineer and the Director of
Planning and Zoning that this program be abandoned and the fees
returned to the original payee.
OPTIONS REGARDING DISPOSITION OF THIS ITEM:
1. Provide direction pursuant to the recommendation of the
City Engineer and Director of Planning; or,
2. Refer to a workshop in order to identify the details of
how the program is to work.
The option of diverting the
is not appropriate since
purposes other than the six
revenue to another project or purpose
the funds were not collected for
laning of Congress.
RECOMMENDED ACTION:
By motion, find that the "local road impact fee" as previously
imposed through conditions of development approval no longer is
applicable and that the City Manager is directed and authorized
to refund deposited funds to the payee(s).
REF/DJK#25/CCFEES.TXT
MEMORANDUM
TO: WALTER O. BARRY - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT
SUBJECT: HISTORIC PRESERVATION BOARD
"THIS OLD TOWN" WORKSHOP
JANUARY 13-15, 1989
DATE: SEPTEMBER 8, 1988
The Historie Preservation Board is requesting City Commission
approval to sponsor a workshop entitled "This Old Town", to be
held at the Colony Hotel, January 13-15, 1989. The 3-day
workshop will provide exhibits by several agencies, boards and
organizations, slide presentations on historic architeeture
designs, landscape trends, discussion on preservation ordinance
and the City's preservation program.
Invitation to attend the workshop will be extended to the public
at a proposed registration fee of $50.00 which will eover the
total cost of weekend participation with the exception of
housing. Out-of-town guests and residents will be invited to stay
at the Colony Hotel for the weekend workshop.
All funds expended and received will be handled through the
Department of Community Improvement. The Historic Preservation
Board has approximately $3,223.85 available in their revenue
account ('001-00248-0900) for expenses associated with the
workshop, which are estimated at approximately $1,500.
A copy of the proposed preservation workshop agenda is attached
for the Commission's reference.
LB:DQ
Attachment
A:HisBoard.CC
Disk-Lu1a
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Friday:
Saturday:
Sunday:
THIS OLD TOWN
COLONY HOTEL
JANUARY 13 - 14 - 15, 1989
DELRAY BEACH PRESERVATION WORKSHOP
6 - 9 P.M.: Opening Reception
Colony Hotel; Lobby & Dining Room
6:30 - 7:30 P.M. Music
7:30 - 8:00 P.M. Mayor's Welcome
Opening remarks:
Charles Olson, Director of the
Florida Trust
Lora Sinks Britt
Special Guest:
8:00 - 9:00 P.M. Music
Exhibits: Old School Square Cutural Art Center
Delray Beach Historical Society
Delray Beach Board of Realtors
Bookstop
Historic District Art Competition Display
Delray Beach Garden Club Parley
A.I.A, Palm Beach County
Horsd'oeuvers & Refreshments
Colony Hotel Seminars
8:00 - 9:30 A.M. Continental Breakfast
9:30 - 10:00 A.M. Architecture of Delray Beach - Slide Presentation
Clemmer Mayhew
10:00 - 10:45 A.M. Preservation Ordinance - Discussion about the
Preservation Program - John P. Johnson
Coffee/Tea
11:15 A.M.- 12 Noon
Landscaping at a Historic House ~ Slide Presentation
Lunch
Buffet at the Colony Hotel
Seminars at Old School Square - Ogren Theater
2:00 - 2:45 P.M.
3:00 - 3:45 P.M.
4:00 - 5:00 P.M.
5:30 - 8:30 P.M.
Adaptive Use In Historic Districts
Rehabilitation Economics
Trolley Tour of Town
Reception a Beach Side Residence
10:00 A.M.
11: 30 A.M.
Brunch at Bridge Restaurant
Walking Tour of the Marina Historic District
.
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MEMORANDUM
TO: WALTER O. BARRY - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT
SUBJECT: HISTORIC PRESERVATION BOARD
"THIS OLD TOWN" WORKSHOP
JANUARY 13-15, 1989
DATE: SEPTEMBER 8, 1988
The Historic Preservation Board is requesting City Commission
approval to sponsor a workshop entitled "This Old Town", to be
held at the Colony Hotel, January 13-15, 1989. The 3-day
workshop will provide exhibits by several agencies, boards and
organizations, slide presentations on historic architecture
designs, landscape trends, discussion on preservation ordinance
and the City's preservation program.
Invitation to attend the workshop will be extended to the publie
at a proposed registration fee of $50.00 which will eover the
total cost of weekend participation with the exception of
housing. Out-of-town guests and residents will be invited to stay
at the Colony Hotel for the weekend workshop.
All funds expended and reeeived will be handled through the
Department of Community Improvement. The Historic Preservation
Board has approximately $3,223.85 available in their revenue
account (j/001-00248-0900) for expenses associated with the
workshop, which are estimated at approximately $1,500.
A copy of the proposed preservation workshop agenda is attached
for the Commission's referenee.
LB:DQ
Attachment
A:HisBoard.CC
Disk-Lula
1-g
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,
Friday:
Saturday:
Sunday:
THIS OLD TOWN
COLONY HOTEL
JANUARY 13 - 14 - 15, 1989
DELRAY BEACH PRESERVATION WORKSHOP
6 - 9 P.M.: Opening Reception
Colony Hotel; Lobby & Dining Room
6:30 - 7:30 P.M. Music
7:30 - 8:00 P.M. Mayor's Welcome
Opening remarks:
Charles Olson, Director of the
Florida Trust
Lora Sinks Britt
Special Guest:
8:00 - 9:00 P.M. Music
Exhibits: Old School Square Cutural Art Center
. Delray Beach Historical Society
Delray Beach Board of Realtors
Bookstop .
Historic District Art Competition Display
Delray Beach Garden Club Parley
A.I.A, Palm Beach County
Horsd'oeuvers & Refreshments
Colony Hotel Seminars
8:00 - 9:30 A.M. Continental Breakfast
9:30 - 10:00 A.M. Architecture of Delray Beach - Slide Presentation
Clemmer Mayhew
10:00 - 10:45 A.M. Preservation Ordinance - Discussion about the
Preservation Program - John P. Johnson
Coffee/Tea
11:15 A.M.- 12 Noon
Landscaping at a Historic House ~ Slide Presentation
Lunch
Buffet at the Colony Hotel
Seminars at Old School Square - Ogren Theater
2:00 - 2:45 P.M.
3:00 - 3:45 P.M.
4:00 - 5:00 P.M.
5:30 - 8:30 P.M.
Adaptive Use In Historic Districts
Rehabilitation Economics
Trolley Tour of Town
Reception a Beach Side Residence
10:00 A.M.
11:30 A.M.
Brunch at Bridge Restaurant
Walking Tour of the Marina Historic District
,
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
FROM:
WALTER O. BARRY, CITY MANAGER
(\~:J~U~
~D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
TO:
SUBJECT:
MEETING OF SEPTEMBER 13, 1988
AGENDA ITEM
APPROVAL OF THE FINAL PLAT FOR CHEVRON LOCATED AT THE
NORTHWEST CORNER OF ATLANTIC AND CONGRESS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
approval of final plat for this site.
BACKGROUND:
This parcel has previously been before the City Commission for
annexation, conditional use approval for a car wash, and site
plan approval all within the past year.
A condition of approval of the site plan action was the filing of
a boundary final plat. That plat has been prepared and certified
by the Planning and Zoning Board.
It is appropriate to act on the plat at this time.
RECOMMENDED ACTION:
By motion, approval of the final plat for the Chevron property at
Atlantic and Congress and authorize the Mayor to execute the
mylar.
Attachment:
planning and Zoning Staff Report of August 15th.
1-9
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PLANNING 8 ZONING
CITY OF OELRAY
BOARD
BEACH
STAFF REPORT
MEETING (FITE: AUGUST 22, 1988
AGEMJA ITEM: IV. G
ITEM:
CONSIDERATION OF FINAL PLAT APPROVAL FOR CHEVRON ON THE
NORTHWEST CORNER OF ATLANTIC AVE. AND CONGRESS AVE.
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GENERAL DATA:
owner...........................Chevron U.S.A.. Inc.
Avent...........................John F. Pullc.
Pullce Land Surv.yors
toc.tlon........................Northwe.t corner of Atl.ntic
Avenue and COll9r... AvenUe
Property Sl&..........:..........l.% lie.,.. (5%.%%4 Sq. ft.)
_Clty Land U.. Plan..............ccn.erci.l
Clty ZOD1119.....................GC (Gener.l co..arcl.l)
Adj.c.nt ZOnl119................ . Nortb and _.t of .ubject
property 18 &oned COIIDty IL
(Lll1bt IDdUtdd). SCNtb 18
&oned SAD (Speclal lIeUv1U..
Dl.trlct) and ...t 18 aona4 GC.
Exl.tl119 U......................self-aerv1ce gaaollDa .tatlon and
conveni.nce _rt.
Propoaecl U......................AI1dltlon of an .utClUta4 car wub
W.t.r servlc....................Av.llabl. on-.lt.
Sewer S.rvlc....................Pre..ntly on ..ptic -r.t... A
jolnt venture between Chevron .nd
Exxon is propo.a4 for
inst.ll.tion of . lift station
with connection into 20" force
main running along the west side
of Congress ~venue.
ITEM:P.~
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ITEM BEFORE THE BOARD:
The action before the Board is that of certifying the final plat
for Chevron service station located at the Northwest corner of
Atlantic and congress Avenues.
BACKGROUND:
In March , 1980 a water
site containing the
eligibili ty.
In May 1980 the site was then annexed by Ordinance * 22-80 with
the Zoning designation of LI (Light Industrial).
service agreement was executed for
standard clause for annexation
this
upon
In 1987, the planning and Zoning Board, while considering
application of the MIC District along the Congress Avenue
corridor , made a determination that certain properties in the
area would be more appropriately placed in different Zoning
Designations. This led to a Land Use Plan amendment and a
Rezoning of this site to GC (General commercial). The Zoning was
enacted by Ordinance No. 59-87 on August 25, 1987.
Subsequently, the City initiated a Zoning Text change which added
"Car Wash Establishments" as a Conditional Use in the GC (General
Commercial) District.
On November 4, 1987 a request was received for a Site Plan and
Conditional Use approval to install a Car Wash Facility.
In mid-December a staff .recommendation of denial was communicated
to the applicant based on concerns over internal circulation and
the number of entries.
On December 18, 1987 the item was discussed at Planning and
Zoning Board workshop meeting.
On December 21, 1987
addressing comments
meeting.
On December 21, 1988, the planning and Zoning Board at it's
regular meeting recommended approval of the revised submittal.
a revised
discussed
site plan was submitted to staff
in the December 18th Workshop
On January 12th, 1988 a formal request by Chevron was made for
deferral of City Commission action and referral back to P & Z
for reconsideration of driveway deletion.
On January 22,1988 the
the P&Z workshop, where
Engineering Department,
reconsideration request was discussed at
the Board, upon suggestion from the City
took the matter under advisement.
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To: Planni. and Zoning Board
Re: co~sideration of the Final plat for the Chevron Parcel
at congress and Atlantic Avenues
Page 1. 1
On January 25, 1988 at the regular Planning
meeting, a continuation was given to allow the
provide a traffic study justifying the need to
on Atlantic Ave.
and Zoning Board
applicant time to
retain two entries
On March 11, 1988 an internal traffic study was reviewed at the
P&Z workshop session.
On March 21, 1988, the Planning and Zoning Board at it's regular
meeting recommended approval of a revised site plan.
City Commission approved the site plan on April 26, 1988.
A condition of the approval was that a plat
plat is the application before you.
be approved. The
OTHER CONSIDERATIONS:
The applicant is advised that Health Department and D.E.R.
permits are required for installation of proposed sewer and water
improvements.
ASSESSMENT:
A resubmittal addressing all technical items has been recieved
and the final plat is now ready for your recommendation.
ALTERNATIVE ACTIONS:
1. Recommend certification of the final plat for Chevron Gasoline
Station.
RECOMMENDATION:
By motion: Certify the final plat for Chevron gasoline. station as
ready for execution.
Attachments:
REF:PDI8/A:CHEVRON.TXT
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Pl.....T BOOI< 46, PAGE 198.
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
FROM:
~TER O. BARRY, CITY MANAGER
~au:J ~~u(v>"
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
TO:
SUBJECT: MEETING OF SEPTEMBER 13, 1988
AGENDA ITEM
APPROVAL OF THE FINAL PLAT FOR SAINT MARY'S THE VIRGIN
CHURCH
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
approval of final plat for this site.
BACKGROUND:
This parcel has previously been before the City Commission for
conditional use and site plan approval for the church which is
now under construction. The Commission allowed for construction
to begin prior to preparation and recordation of the plat.
A condition of approval of the site plan action was the filing of
a boundary final plat. That plat has been prepared and certified
by the Planning and Zoning Board.
It is appropriate to act on the plat at this time.
RECOMMENDED ACTION:
By motion, approval of the final plat for property known as
Saint Mary's The Virgin Church and authorize the Mayor to execute
the mylar.
Attachment:
Planning and Zoning Staff Report of August 15th.
30
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PLANNING B-
CITY OF DEL RAY
ZONING 8~D
BEACH
STAFF REPORT ---
MEETING mTE: AUGUST 22 . 1988
AGENJA ITEM: IV. H
CONSIDERATION OF FINAL PLAT APPROVAL FOR ST. MARY'S THE VIRGIN CHURCH
ON THE SOUTHEAST CORNER OF ATLANTIC AVENUE AND HOMEWOOD BOULEVARD.
ITEM:
GC
POC
R-1AA
....
GENERAL DATA:
owner...........................Dan1el Hendersoft
,
,.
Aqent...........................Daniel Henderson
Loc.t1on........................South...t corner of W. Atlantic
Av.. and HOIlIllWood Blvd.
Property Siz....................2.5 Acre. (109,026 54. ft.)
Lllnd U.. Plan De.ignation...... .MF-6 (Multipl. FUlily - 6 unit.,
acr.)
Zoning De.ignation..............RM-6 (Multipl. FUlily
a..id.ntial)
Adjac.nt Zoning.................North of the .ubject property i.
zoned RM-10 (MultipleFUlily
Rea14ential) . South and ...t 1&
zoned R-1M (Single F..tly
Re.id.ntial) . w..t i. zoned
RM-6. .
Present u.......................v.cant Land
Proposed u......................Church
Water S.rvic.................... 8" wat.r main located on-ait.
Sewer S.rvice...................Man-hole located adjacent to the
sit. on Homewood Blvd.
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ITEM: d. }/
ITEM BEFORE THE BOARD:
The action before the
for the Saint Mary's
construction at the
Homewood Boulevard.
Board is that of certifying the final plat
The Virgin Church. The Church is under
southeast corner of Atlantic Avenue and
BACKGROUND:
On January 14, 1986, the City sold the land to a party who wished
to construct a church on the site.
On September 22,1988 the Planning and Zoning Board at
regular meeting recommended approval of a Site Plan
Conditional Use request subject to 19 conditions.
The application did not go before the City Commission as the
request was put on hold to resolve certain questions over deed
restriction and/or ownership of certain lots within the propose~
development.
it's
aoo
In May, 1988 a submittal was made to the Building Department
a plan check. The request was rejected as no approved site
existed.
for
plan
On April 29, 1988, the City Commission at a special meeting heard
a request for extention of the Site Plan. There was no approved
site plan to be extended and, as the Commission could only act on
the item before them, no action was taken.
On May 10, 1988, the City Commission approved the Site Plan and
Conditional Use request. The commission denied a request for
sidewalk deletion on Homewood Blvd.and required bonding upon C of
O. City Commission deferred the platting requirement to prior to
C of 0 and the plat is the request before you.
PREVIOUS CONDITIONS OF APPROVAL:
All prior conditions (technical omissions) of the Site Plan and
Conditional Use approval have been addressed. The plat has been
submitted by the applicant as a final plat, and as the item is a
minor subdivision, pursuant to Section 112.60 no preliminary
plat submittal is required.
(
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To: Plann,' . and Zoning Board
Re: Consiu_Lation of the Final Plat fOL St. Mary's The Virgin
Church, Homewood Boulevard and Atlantic Avenue
Page 2
ASSESSMENT:
A resubmittal addressing all technical items has been received
and the final plat is ready for your' recommendation.
ALTERNATIVE ACTIONS:
1. Certify the final plat for St. Mary's The Virgin Church as
ready for execution.
RECOMMENDATION:
By motion: Certify the final plat for St. Mary's The Virgin
Church as ready for execution.
.
Attachment:
REF/PD#S/A:STMARY.TXT
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EITY DF DBRAY BEIER
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CITY ATTORNEY'S OFFICE
310 S.E. 1st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483
407/243-7090 TELECOPIER 407/278-4755
August 25, 1988
Abbey G. Hairston. Esq.
General Counsel's Office
The School Board of Palm Beach County
P. O. Box 24690
West Palm Beach, Florida 33402-4690
Subject: Proposed Amendment to Agreement of April 6, 1988 Between
City of Delray Beach and The School Board of Palm Beach County
Regarding Transfer of Delray Beach Elementary School
Dear Abbey:
This letter shall confirm our conversation today wherein I had informed you
that the City Commission of the City of Delray Beach had, by consensus,
directed the City Attorney's Office to draft an amendment to the agreement
between the City and the School Board concerning the transfer of the Delrsy
Beach Elementary School.
Specifically. this amendment which has apparently been discussed by adminis-
trators and legislators on behalf of both of our cHents. would change the time
wherein the School Board would be transferring the title to the Delray Beach
Elementary School to the City. As you may recall. the agreement currently
states that the transfer would take place ninety calendar days following the
date when the Superintendent certified that the Delray Beach Elementary
School site was no longer needed for the assignment of students or other
educational purposes.
The new amendment would provide that the transfer would take place within
thirty days following the date of the execution of the amendment (thus allow-
ing time for the title work to be done and the commitment to be deHvered to
the City). and that the City would agree to lease back to the Sllhool Board
any portions of the Delray Beach Elementary School which are stUl necessary
for the assignment of students or other educational purposes on a one year.
renewable basis.
To expedite this process. I have attached hereto a draft of a proposed
Amendment No. 1 to the agreement which should serve to affect this desire
by both of our cHents.
It would be appreciated if you could expeditiously review this matter and give
me your comments on same so that it may be finalized. It is my understand-
ing that "the subject of this amendment has been scheduled on your School
31
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Abbey G. Hairston, Esq.
August 25, 198&
Page 2
Board agenda for September 7, 1988 and then would be subsequently
scheduled for approval by my City Commission on September 13, 1988.
Thank you again for your continued assistance and cooperation.
Sincerely yours,
OFFICB OF THE CITY ATTORNBY
CITY BLRAY BEACH, FLORIDA
By:
sq.
HT:jw
Enclosure
cc: City Commission
Walter O. Barry, City Manager
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AMENDMENT NO.1
AMENDMENT NO. 1 TO AGREEMENT MADE AND ENTERED INTO ON THE 6TH
DAY OF APRIL, 1988, BY AND BETWEEN THE CITY OF DELRAY BEACH,
FLORIDA AND THE SCHOOL BOARD OF PALM BEACH COUNTY, RELATIVE
TO THE TRANSFER OF DELRAY BEACH ELEMENTARY SCHOOL AND CON-
STRUCTION OF BARWICK ROAD SCHOOL (NOW KNOWN AS BANYAN CREEK
ELEMENTARY SCHOOL)
This Amendment No. 1 to Agreement between the City of Delray
Beach, Florida and The School Board of Palm Beach County is made and
entered into on this
day of
, 1988 and shall
serve as an amendment to that Agreement dated April 6, 1988 by and between
the City of Delray Beach, Florida (hereinafter referred to as the "City") and
The School Board of Palm Beach County (hereinafter referred to as the
"School Board") concerning the transfer of the Delray Beach Elementary
School site to the City and the construction of the new elementary school on
Barwick Road by the School Board, now known as the Banyan Creek Elemen-
tary School,
WIT N E SSE T H:
WHEREAS, the City and the School Board entered into that. certsin
Agreement dated April 6, 1988 to provide for, among other things, certain
matters concerning the construction of the new elementary school (now known
as the Banyan Creek Elementary School) in the vicinity of Barwick Road in
the City of Delray Beach, and further the transfer of .the title from the
School Board to ,the City of the Delray Beach Elementary School site under
certsin circumstances; and,
WHEREAS, the School Board and the City wish to makfl modfftcations
to paragraphs 1 and 3 of ssid Agreement of April 6, 1988 in order to affect
an earHer transfer of the title -to the Delray Beach Elementary School site to
the City, whlle still allowing the School Board to lease back certsin portions
of ssid school site for their l:.lIe on an annual renewal ballis.
NOW, THEREFORE, for the mutual covenants and considerations as
set forth herein, and for and in consideration of the sum of Ten Dollars
1
ORAf:7
($10.00) provided by the City to the School Board, the receipt of which is
hereby acknowledged, the parties hereto agree as follows:
1. That paragraph 1 of the Agreement dated April 6, 1988, by
and between these parties, is hereby deleted and a new paragraph 1 is
hereby inserted to read as follows:
1. That within thirty (30) calendar days following the date
of this Amendment No. I, the School Board shall convey to the City by
statutory warranty' deed the real property and improvements located thereon
known as the Delray Beach Elementary School site (which property is located
at the northeast corner of the intersection of East Atlantic Avenue and North
Swinton Avenue in the City of Delray Beach, Florida), together with all
necessary documentation to transfer title to all structures and appurtenances
thereto in an "as is" condition as of the date of closing. This statutory
warranty deed shall contain a reverter clause in favor of the School Board in
the event the City ceases to use the property for civic, public, and/or
governmental purposes in the future.
That concomitant with the closing on the transfer of the
property, the City agrees to lease back to the School Board for the. sum of
One Dollar ($1.00) per year, certain portions of the improvements of the real
property for the use by the School Board for any necessary assignment of
students or other educational purposes, with such original lease to be for a
period of one (1) year, with said lease being renewable annually upon the
written consent of both parties hereto until such time as t,he Superintendent
of the School Board certifies that these leased premises are no longer needed
for the assignment of students or other educational purposes.
'2. That paragraph 3 of the Agreement dated April 6, 1988 by and
between these parties is hereby deleted and a new paragraph 3 is hereby
inserted to read as follows:
3. A title insurance cl'mmitment shall be issued within twenty
(20) calendar days following the date of the execution of this Amendment
No.1 to the Agreement between the parties dated April 6, 1988, and said
title insurance commitment shall be by a qualified title insurer agreeing to
2
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issue to the-. City, upon the recording of the deed to the City, an owner's
policy of title insurance in an amount equal to the appraised value of the
Delray Beach Elementary School site as appraised by the School Board's
appraisers, said title insurance to insure title of the City of Delray Beach to
the real property, subject only to liens, encumbrances, exceptions or qUali-
fications as are set forth in this Amendment or the original Agreement dated
April 8, 1988, if any, and those which shail be discharged by the School
Board at or before closing. The City shall have seven (7) calendar days
from the date of receiving evidence of title to examine same. If title is found
defective, the City shall, within five (5) calendar days thereafter, notify the
School Board in writing specifying the defects. If said defects render titl&
unmarketable, the School Board shall have one hundred twenty (120) calendar
days from the receipt of notice within which to remove said defect; and if the
School Board is unsuccessful in removing them within said time, the City shall
have the option of either (1) accepting the title as it then is, or (2) notify-
ing the School Board that this Agreement and this Amendment No.1 thereto
is terminated and that all provisions hereunder shall be null and void; how-
ever, the School Board agrees that it will, if title is found to be unmarket-
able, use all diligent efforts to correct the defects in title within the time
provided therefore, including the bringing of necessary suits. The City,
within the time allowed for delivery of evidence of title and examination
thereof, may have the property surveyed at its expense. If the survey,
certified by a registered Florida surveyor, shows any encroachment on said
property or that improvements intending to be located on said property in
fact encroach on lands of others, or violate any of the covenants of this
Agreement or any amendments thereto, the same shall be treated as a title
defect. Any survey prepared in the connection with or as a consequence of
this transaction may include. a description of the real property and the
improvemvnts and appurtenances thereon.
3. That in all other respects the original Agreement dated
April 8, 1988 is hereby ratified and confirmed and shall be left unchanged by
this Amendment.
3
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IN WITNBSS WHBRBOF. the parties hereto have set their hands and
seals on the year and date first above written.
Witness
CITY OF DBT.RAY BEACH. FT.ORIDA
By:
Mayor
\\'~;~:t, f,:<f r\
"
Witness
ATTBST:
City Clerk
Approved as to form:
'.
City Attorney
THB SCHOOL BOARD OF PALM BBACH
COUNTY
Wltnesll
By:
Chairman
Witness
.\:;~ ~;:.r; ',:
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Reviewed and approved by:
Office of the General Counsel.
The School Board of Palm Beach County
State of Florida
County of Palm Beach
I HBREBY CBRTIFY that on this date before mil. an officer duly
authorized in the state and county named above to take acknowledgments.
personally appeared Doak S. Campbell. III and EHzabeth Arnau. known to me
to be the persons described in and who executed the foregoing instrument all
Mayor and City Clerk respectively. of the City of Delray Beach, Florida, a
municipal corporation organized under the laws of the State of Florida. They
acknowledged befol a me that they executed the foregoing instrument as such
officers in the name and on behalf of the corporation. and that they also
affixed thereto the official seal of the corporation.
4
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SWORN! TO AND SUBSCRIBED before me this
day of
19 ,
Nott5 ~~I<t;=",.,.
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My Commission Bxpires:
State of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date before me, an officer duly
authorized in the state and county named above to take acknowledgments,
personally appeared .
, known to me to be th.
person dellcribed in and who executed the foregoing instrument aa
of The School Board of Palm Beach County, an
entity existing under the lawlI of the State of Florida. He/She acknowledged
before me that he/she executed the foregoing instrument as such officar in
the name and on behalf of the entity, with full authority to so bind said
entity, and that he/she also affixed thereto the official seal of the entity,
SWORN TO AND SUBSCRIBED before me this
day of
19
Notary Publ1c'Q
,) t:~; ~/:~~ r~~' i~(~
My Commission I!xi;iires:
5
RESOLUTION NO. 47-88
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH: SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION: PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS: PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS: PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances: and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner (s) of the land (s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished: work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice: and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with: and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official: therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done: and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant t.o Secti"n 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved: and,
WHEREAS, the City Commission of the City of De1ray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
3~
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Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of De1ray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after maillu,:!. crf- the l'letiec-descr4.bed.in Sec:t:.i.on-1fi5..4.2 __
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penal:ties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
,i
Ii
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
of
PASSED AND ADOPTED in regular session on this the
, 19
day
MAY 0 R
ATTEST:
City Clerk
- 2 -
Res. No. 47-88
NCYl'ICE OF ASSESSMI1N1'
Date
'ro: Montea1 J. Johnson
ADDRESS: 20 NE 16th Court, Delray Beach, Fl 33444
PK>PERlY: 135 SW 2nd Avenue, Delray Beach,. Fl 33444
LEGAL DESCRIPTION: resubdivision of st of Block 54, Town of Delray, Lots 7 and 8,
~~OCK ~~, !own or ue~ray, aCCOrQ1ng eo rLae DOOk-!!, ~age , ot
fhe official records of Palm Beach County, Fl
YOu, as the record owner of, or holder of an interest in, the above-described
property are hereby advised that a cost of $1 ",,~ "0 by resolution of
the City council of the City of Delray Beach, Florida, dated
19_, has been levied against the above-described property.
.
'!he costs were :iJrurred as a result of a nuisance abatement action reg~'
the above-described property. You were given written notice on 3-11-88
that the building official has deteDni.ned that a building located on the al:love-
described J:IL~Li was unsafe. You were' advised in that notice of the action to
be taken to renedy that unsafe CCX'ldi.tion am of the time within which the rEll"""!i>.,
action was required to be taken.
x You failed to appeal the decision of the building official to
the Board of COnstruction Appeals a1 though you were infox:med
of your right to an appeal am of the procedures for obtaining
appeal. You have also failed. to take the corrective action
required. by the notice of the building official.
You appealed. the decision of the building official to the
Board of COnstruction ~'s. You were given written
notification on that you were required
to take the corrective action required. by the decision of
the Board of COnstruction Appeals within a stated. period of
time. You failed. to take the action as required by the order
of the Board of COnstruction Appeals.
'!he City of Delray Beach has therefore taken remedial action to ratOve the
unsafe conditicn exist.i.n;J on the above-described property on 8-18-88
at a cost of $1 ",,~ "0 which includes a ten percent (10%)
administrative fee. If you fail to pay this cost within thirty (30) days, that
cost shall be recorded on the Official Records of Palm Beach county, Florida
against the above-described property.
COpy of all notices referred to in this notice are available in the office
of the "'n;1ding official.
BY ORDER OF THE CITY CXXJOCIL.
City Clerk
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RESOLUTION NO. 48-88
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEL RAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH: SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION: PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS: PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS: PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances: and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land (s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished: work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with: and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official: therefore pursuant to Section 16S.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
3.3
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a'lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 1. That assessments in the amount of
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of cOllecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment (s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%,'and collection costs including a reasonable attorney's
fee.
of
PASSED AND ADOPTED in regular session on this the
, 19
day
MAYOR
ATTEST:
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City Clerk
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Res. No. 48-88
NOrICE OF ASSESSMENr
Date
'ro: James T. Martin. Manuel Ramos
ADDRESS: PO Box 6642, West Palm Beach, Fl 33405
Pft..It"!:iKi:i:
261 SE 5th Avenue, Delray Beach, Fl 33444
r~ DES:RIPl'I~: Tnwn nf n.l,..ay ~17' nf T.nt' 1'1 T.nt' 1& .anA Nl?' nf Tnt' P,/lAClCl TJIi'
rd. r/w, Block Ill, according to Plat Book 13, Page 46 of the official records
of Palm BeacH County, Fl.
You, as the record owner of, or holder of an interest in, the above-described
property are hereby advised that a cost of S3.IQO.OO by resolutia1 of
the City Council of the City of Delray Beach, Florida, dated
19 , has .bem levied aqainst the aI:Jove-described property.
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'l!le costs 1roIere incurred as a result of a nuisance abatement action reqarding
the ab...y....-.;]eSC'ribed property. You 1roIere given written ootice em 4-11-88
that the r..i ldin; official has detetmined that a b.1i1ding located <Xl the above-
described property was unsafe. You 10Iere advised in that notice of the action to
be taken to ......o::dy that unsafe CXlI1di.tiem and of the tilre within which the reaedia1
action was nquired to be taken.
,
x You failed to appeal the decision of the building official to
the BoaJ:d of Construction A[t'"ls although you were infol:lllEld
of your right to an appeal and of the procem."'eB for obtaining
appeal. You have also failed to take the corrective action
required by the ootice of the building official.
You appealed the decision of the building official to the
Board of Constructia1 Appeals. You were given written
notification on that you were required
to take the corrective action required by the decision of
the .Board of Construction Appeals within a stated period of
tilre. You failed to take the action as required by the order
of the BoaJ:d of Construction AJ.:.'PA'" 1 s.
'l!le City of De1ray Beach has therefore taken remedial action to reIlD\Ie the
unsafe condi.tia1 existing on the abave-described property em. 8-15-88
at a cost of S3. I QO 00 which includes a ten pen:ent(lOt)
administrative fee. If you fail to pay this cost within thirty (30) days, that
cost shall be reoor.Jed on the Official Reocnds of Palm Beach 0:Amt:y, Florida
aqainst the abave-desc:ribed property.
COpy of all notices referred to in this ootice are av.o; 1 able in the office
of the r..ilt'lin; official.
BY ORDER CF THE CITY aucn..
City Clerk
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RESOLUTION NO. 49-88
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
,FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH: SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION: PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS: PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS: PROVIDING FOR
THE MAILING OF NOTICE.
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WHEREAS, the Building Official or his designated representative
has, pursuant to Chap.ter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances: and,
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WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land (s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner (s) of the land (s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished: work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice: and,
WHEREAS" all the notice requirements contained within Chapter
165 have been complied with: and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official: therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done: and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved: and,
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WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
3'1
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 1. That assessments in the amount of
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of . abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
of
PASSED AND ADOPTED in regular session on this the
, 19
day
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MAYOR
ATTEST:
City Clerk
- 2 -
Res. No. 49-88
NCYl'ICE OF ASSE'SSMENr
Date
'ro: IIMF Investment, Inc.
ADDRESS I 101 NE First Avenue, Miami, Fl 33132
PROr~~: 4141 NW 2nd Stzeet, Delray Beach 33445
~ ~ON: Lot 5, Block 3, Hanover Square, according to Plat 'Book 48,
rage !~~ or tne OII1C1a~ recoras or ra~m ~eacn ~ounty, ti
You, as the J:eCXlrd owner of, or holder of an interest in, the aI:Jove-described
property are hereby advised that a cost of $198.00 by resolution of
the City COUncil of the City of Delray Beach, Florida, dated
19_, has been levied aqainat the aI:Jove-described p.o.,+"",- ty.
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'!be costa wre iD::urred as a result of a mrisance abatement action reqardin;'
the above-described property. You were given written notice on 8-16-88
. that the buil.c1i.D] official has detrmnined that a building located on the above-
described property was unsafe. You were advised in that notice of the action to
be t.aIcsn to l:~...dy that unsafe caxii.tion am of the time within which the remedial
actia1 was xequired to be t.aIcsn. .
,
You failed to appeal the decision of the b.ti.1dinq official to
the Board of construction Aw-' s although you wre infOJ:DBi
of your right to an appeal am of the procedures for obtain:lng
~'. You have also failed to take the corrective actia1
xequired by the notice of the b.ti.1ding official.
You arP"-"'ed the decision of the building official to the
Board of construction Appeals. You were given written
notification on that you were required
to take the corrective action required by the decision of
the Board of construction Appeals within a stated period of
time. You failed to take the action as required by the order
of the Board of construction Appeals.
'!he City of Delray Beach has therefore taken remedial action to rEIlDIIe the
unsafe caxii.ticn exist.ing' on the above-described prqJerty on . 8-19-88
at a cost of $198.00 which includes a ten ~ (10\)
administrative fee. If you fail to pay this cost within thirty (30) days, that
cost shall be ~ on the Official Records of Palm Beach County, Florida
aqainst the abave-described property.
x
Copy of all notices referred to in this notice are avan <,ble in the office
of the h,nning official.
BY ORDER OF '!HE CITY CCXK:IL.
City Clerk
RESOLUTION NO. 50-88
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNQAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY B~CHJ SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTIONJ PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTSJ PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS J PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and !!lade a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inancesJ and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished: work must be begun within sixty (60) days and all work ,must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said noticeJ and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with: and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official: therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done: and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordi.nances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved: and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
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as shown by
the report of the City Manager of the City of Delray a copy of which 1S
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days'-after, mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 1. That assessments in the amount of
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been' re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
of
PASSED AND ADOPTED in regular session on this the
, 19_
day
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MAYOR
ATTEST:
City Clerk
- 2 -
Res. No. 50-88
NCYl'ICE OF ASSESSMENl'
Date
'ro:
Dorothy J. Butler and Paul Jones, Jr.
ADDRESS :
1117 SW 8th Street. Delrav Beach. Fl 33444
ProPERlY :
620 NW First Street. Delravjeach. F133~44
LEGAL DESCRIPrION:
Lot 23, Block 12. Monroe subdivision accordinR to Plat Book 14
Page 67 of the official records of Palm Beach County, F1
You, as the record owner of, or holder of an interest in,
property are hereby advised that a cost of $1,430.00
the City Council of the City of Delray Beach, Florida, dated
19_, has .been levied against the aixlve-described property.
'lbe costs were incurred as a result of a nuisance abatement action regarding
the aOOve-described property. You were given written notice on 4-7-88
that the building official has deteJ:mi.ned that a building located on the above-
described property was unsafe. You were advised in that notice of the action to
be taken to LQ'rdly that unsafe condition and of the time within which the ranedi.a.1
action was required to be taken.
the aOOve-described
by resolution of
,
x You failed to appeal the decision of the building official to
the Board of Construction Appeals although you were informed
of your right to an appeal and of the procedures for obtaining
appeal. You have also failed to take the corrective action
required by the notice of the building official.
You appealed the decision of the building official to the
Board of Construction Appeals. You were given written
notification on that you were required
to take the corrective action required by the decision of
the Board of Construction Appeals within a stated period of
time. You failed to take the action as required by the order
of the Board of Construction Appeals.
'!he City of Delray Beach has therefore taken remedial action to ratOVe the
unsafe condition existing on the above-described property on 7-21-88
at a cost of $1.430.00 which incluclesa ten percent (10%)
administrative fee. If you fail to pay this cost within thirty (30) days, that
. . cost shall be recorded on the Official Records of Palm Beach County, Florida
against the above-described property.
Copy of all notices referred to in this notice are available in the office
of the building official.
BY ORDER OF THE CITY COtJN::IL.
City Clerk
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[IT' DF DELIA' BEA[H
100 N.W. 1st"AVENUE
DELRAY BEACH, FLORIDA 33444
305/243,7000
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM:
Robert A. Barcinski, Assistant City Manager/ pP~,!.5. k_
Management Services Group ~.
DATE:
September 6, 1988
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 13, 1988 - CO-OP BIDS FOR POLICE AND
FIRE UNIFORMS - ANNUAL CONTRACT
r~p-m Rpfnr~ Commission!
City Commission is requested to continue its association
with the. Boynton Beach Purchasing Department in awarding a
joint co-op uniform contract to Martin-Lamar Uniforms at an
estimated cost of $30,860 for Police Department uniforms and
$14,565 for Fire Department uniforms. Funding for these
uniforms is from the respective departments' operating
budgets.
Back9rnnnd!
The City of Boynton Beach Purchasing Department is the lead
organization for this bid. Three (3) vendors submitted
bids. A tabulation of Bids is attached for your review.
On August 29, 1988,
Purchasing Group met
contract for Police
Uniforms.
the Palm
and voted
and Fire
Beach County Cooperative
to recommend award of the
uniforms to Martin-Lamar
R@comm~ndat:ion!
Staff recommends award of bid to Martin-Lamar Uniforms at
the cost of $30,860 for Police Department uniforms and
$14,565 for Fire Department uniforms, based on estimated
quantities. Funding for these uniforms is from the respec-
tive departments' operating budgets, under Uniform and Linen
Service.
RAB:sk
attachment
THE EFFORT ALWAYS MATTERS
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M ~ M 0 RAN DUM
RECEIVED
SEP 2 88
To: ~b.rt. ,A. Barcinski- Asst. City Manager/Manageme
-~'~"..'- Services
From:,' ."" 'led. 9laa- Purchasing Director
Date: September 2, 1988
Subject: Coop Bids for Police & Fire Uniforms, Annual
Contract
The City of Boynton Beach Purchasing Department is the lead
organization for this bid.
Three (3) vendors submitted bids for the July 18, 1988 bid
opening. A Tabulation of Bids is attached for your review.
On August 29, 1988, the Palm Beach County Cooperative
Purchasing Group met and voted to recommend award of the
contract for Police & Fire uniforms to Martin-Lamar
Uniforms.
For the City of Delray Beach, estimated annual costs are
$30,860, for Police Department uniforms, and $14,565. for
Fire Department uniforms, based on estimated quantities,
"
Per the Budget Office, funding for these uniforms is from
the respective departments operating budgets, under Uniform
& Linen Service,
~d~
Ted Glas
Purchasing Director
Attachments:
Tabulation of Bids
Memo fro. Police Department
Memo fro_Fire Department
pc: Chief,Kilgore
Chief Koen
Yvonne Kincaide
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Delray Beach Police Department
300 West Atlantic Avenue . Oelray Beach, Florida 33444-3666
(407) 243-7888
m~
CHARLES KILGORE
Chief of Police
MEMORANDUM
TO:
Ted Glas
Purchasing Director
FROM:
Charles Kilgore
Chief of Police
DATE:
SUBJECT:
August 8. 1988
JOI~I CO=OE U~IEOB~ 610
..
Based on our review of the Joint Co-oP Uniform bid
City of Boynton Beach, we recommend that the Police
continue its association with Martin's Lamar Uniform
Florida,
wi th the
Department
of M~>lmi.
Besides being the low bidder
enjoy excellent service and
company and at this time.
association.
on most items, we continue to
quality of uniforms frdm this
we recommend continuing that
---------------- -------
CHARLES KILGORE
Chief of Police
..
gb
PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER
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OEPAHTMENTAL
CORRESPONDENCE
TO
TED GLAS. PllRCHASING DlREC'roR
[ITY DF
DELARY HEREH
~(j
FROM
K. B. WIGDERSON. ASSISTANT FIRE CHIEF
SUBJECT
JOINT CO-OP UNIFORM BID - MARTIN'S-LAMAR
0.\ r~
9/1/88
I am recommending that the Fire Department be included in the Joint
Co-op Uniform Bid that was made by Martin's Lamar Uniform Company, for the
coming fiscal year 1988-89.
The uniforms in use by the department have been included in the i tams
bid by Martin's Lamar and are up to the standards that we require for use
in the department.
/~;?'8 Id1~~~-q;
M. B, Wigderson '
Assistant Fire Chief
MBW/1IIIIIh
eM 362
. TH~ EFFORT ALWAYS MATTERS
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[ITY DF DELAAY BEA[H
100 r\J.w l~t AVENUE
OElRAY BEACH, FLORIDA 33444
305/243-7000
MEMORANDUM
TO:
FROM:
Walter O. Barry, City Manager
Robert A. Barcinski, Assistant City Manager~
September 2, 1988
DATE:
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 13, 1988 - BIDS - BARWICK PARK
IMPROVEMENTS - PHASE IV
I~~m B~fnre Commission:
City Commission is requested to award a contract to James
Bushouse & Associates at an estimated cost of $97,522, with
funding to come from Developer Land Fund - Barwick Park _
Capital Outlay - Improvements Other.
Backaround!
Invitations to bid were mailed to eleven (11) area contrac-
tors and three (3) contractors submitted bids. A Tabulation
of Bids is attached for your review. The low bid was
submitted by James Bushouse & Associates at $97,522. This
firm stated "no bid" on items 121,23, and 24, which is the
Landscaping portion of the bid. Based on the pr ices for
landscaping submitted by the other bidders, this work will
cost approximately $37,000. Since only $103,000 is budgeted
for the entire project the landscaping would probably need
to be deleted until some further date. The Bushouse bid is
low with or without the landscaping items figured in.
The work for Phase IV includes park center and restroom,
entrance plaza, walkways, signs, etc., and substantially
completes the physical improvements of the park.
Recomm~ndation!
Staff recommends award of bid to James Bushouse & Associ-
ates, at the cost of $97,522, with funds to be appropriated
from the Developer Land Fund - Barwick Park - Capital Outlay
- Improvements Other, account '117-4165-572-60.69.
RAB:sk
attachment
THE EFFORT ALWAYS MATTERS
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~
,
M E M 0 RAN DUM
To: Robert A. Barcinski- Asst, City Manager/Management
Services
From: Ted Glas- Purchasing Director
Date: August 30, 1988
Subject: Bids on Barwick Park Improvements-Phase IV, Bid
#88-97
Invitations to Bid were mailed to eleven (11) area
contractors on August 5, 1988, A legal advertisement was
placed in the Palm Beach Post on August 6, 1988.
Three (3) contractors submitted bids for the August 23, 1988
bid opening. A Tabulation of Bids is attached for your
review.
The low bid was submitted by James Bushouse & Associates at
$97,522. This firm stated "no bid" on items #21, 23, and 24,
which is the Landscaping portion of the bid, Based on the
prices for Landscaping submitted by the other bid~ers, this
work will cost approximately $37,000. Since only $103,000,
is budgeted for the entire project, the Landscaping would
probably need to be deleted until some further date, The
Bushouse bid is low with, or without the Landscaping items
figured in,
Following staff analysis and review, it is recommended that
the contract for Barwick Park Improvements-Phase IV be
awarded to the low bidder, James Bushouse & Associates, at a
cost of $97,522" waving as a technicality not submitting
pricing on the Landscaping portion,
Per the Budget Office, funding for this work is from
account #117-4165-572-60,69 (Developer Land Fund-Barwick
Park-Capitol Outlay-Improvements Other).
~--I ~A..I
Ted Glas
Purchasing Director
Attachments:
Tabulation of Bids
Memo from Director of Parks & Recreation
pc: Joe Weldon
Yvonne Kincaide
(
'_.
,.>, --...- .,.. ,,-,-... . ... ~ -- ...
~
,
:
DEPA. ~TMENTAL
CORRESPONDENCE
TO
Ted Glas
Purchasing Director
[1''1 DF
DELAAY BEREN.
~~~
FROM
Joe Weldon
Director of Parks and Recreation
SUBJECT
Barwick Park - Bid #88-97
8L26/88
DArE
Attached please find a spread sheet for bids for Phase IV at
Barwick Park opened on August 23, 1988. Phase IV includes park
center and restrooms, entrance plaza, walkways, signs, etc., and
substantially: completes the physical improvements of the park.
The apparent low bidder is Bushouse and Associates at $97,522.
Bushouse indicated he did not bid the landscaping (items 21, 23,
and 24) because he could not find a subcontractor who would give
a one (1) year guarantee as specified. However, since $103,700
was bUdgeted in impact fees, the landscape requirements would be
the first items that I would recommend to be deleted to stay
within budget. ' As noted, if the two other bidders had deleted
the same items as Bushouse, they would have bid $125,005: (West
Construction) and $104,874 (Janus and Janus). Item 15 in the
boiler plate specifications allows the City to "accept or reject
any or all bids, or parts of bids".
I recommend the bid for Phase IV of Barwick Park be awarded to
James Bushouse and Associates with funding available from impact
fees.
Parks and Recreation
JW:cc
eM 362
THE EFFORT ALWAYS MATTERS
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,
[IT' DF DELAA' BEA[H
l'
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
305/243.7000
MEMORANDUM
TO:
Walter O. Barry, City Manager
Robert A. Barcinski, Assistant City Manager/;>~
Management Services ~
FROM:
DATE:
August 30, 1988
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 13, 1988 - PURCHASE EQUIPMENT-
FOR FIRE DEPARTMENT
It~m B@for@ Commission:
City Commission is requested to approve purchase of two (2)
Lifepak 5 monitor/defibrillators at a cost of $15,150.80,
plus shipping, on a sole-source basis, to Physio Control
Corporation.
Backaronnd!
The Lifepak 5 brand Monitor/Defibrillator is compatible with
other Lifepak 5 Monitor/Defibrillators that we now have in
service. These Physio Control Lifepaks are the state of art
in portable monitors and are much more suited to our envi-
ronment than any other brand currently available. They
weigh only 19 lbs. and are interchangeable with units we now
have on line. This purchase will be from a sole source
vendor, Physio Control, who are the manufacturers of the
units and the only distributors for the Lifepaks. We
currently have a maintenance contract with Physio Control
for repairs on our units and this unit would be added to the
contract after the warranty runs out.
The pricing for this equipment is the same as we paid last
October.
R~comm@ndatinn:
Staff recommends award to Physio Control Corporation, sole
source supplier of Lifepak 5 brand monitor/defibrillator,
THE EFFORT ALWAYS MATTERS
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.
Documentation - city Commissicn Meeting - Sept. 13, 1988
Subject: Purchase Equipment - Fire Department
August 31, 1988
Page 2
for the purchase of two (2) Lifepak 5 monitor/defibrilltors
at a cost of $15,150.80, plus shipping, on a sole-source
basis. Per the Budget Department, funding for the purchase
of one (1) unit is available in account 1001-2315-526-60.89
(Fire Department - Capital Outlay - Equipment Other); funds
for the second unit are available in account
1115-0000-248-64.00 - (Special Projects - Fund Reserve for
Fire Rescue).
RAB:sk
attachment
,
,
-
,
\
-~....
--........-----.. -
- ----.
.
~
.
M E M 0 RAN DUM
To: Robert A, Barcinski- Asst. City Manager/Management
Services
From: Ted Glas- Purchasing Director
Date: August 25, 1988
Subject: Purchase of two (2) Monitor/Defibrillators for
Fire Department
The Fire Department has submitted a requisition, and is
requesting sole-source procurement of two (2)
monitor/defibrillators for their Paramedics,
The firm, Physio Control Corporation is the sole-source
supplier of Lifepak 5 brand monitor/defibrillators. Per
attached memo from Fire Department, this equipment is
state-of-the-art, lightweight, and standardizes this
emergency equipment,
The pricing for this equipment is the same as we paid last
October, and also is the same as paid by Palm Beach County
last November; therefore the price is considered to be fair
and reasonable.
Following staff analysis and review, it is recommended that
the purchase of two (2) Lifepak 5 monitor/defibrillators be
awarded to Physio Control Corporation at a cost of
$15,150,aa, plus shipping, on a sole-source basis.
.
--..~--
--,----- .
~ ..-- --.
.~. . ,"",'" -.'-
~
,
Monitor/Defibrillators for Fire Dept,
Page 2
Per the Budget Office, funding for the purchase of one (1)
unit is available in account #001-2315-526-60,89 (Fire
Dept,-Capitol Outlay-Equipment Other); and available for the
second unit in account #115-0000-248-64,00 (Special
Projects-Fund Reserve for Fire Rescue).
ff-ul ~
Ted Glas
Purchasing Director
Attachments:
Memo from Fire Department
Letter from Physio Control Corp,
Price Quotation
pc: Chief Koen
Yvonne Kincaide
Dave Huddleston
Capt. Trawick
,
,
.
, --."
- ~-- -
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t
-
,
DEPAHTMENTAL
CORRESPONDENCE
[ITY DF
DELAAY BEA[H
~(j
TO Ted 61 as. Purchasing Agent
FROM Capt. Douglas Trawick
SUSJECT Purchase of Lifepak 5 Monitor/Defibrillator
DA TE August 22, 198€
We would like to purchase one Lifepak 5 Monitor/Defibrillator from Acct. #
001-2315-526-60-89. This unit would be compatible with other Lifepak 5
Monitor/Defibrillator's that we now have in service. These Physio Control
Lifepaks are the state of art in portable monitors and are much more suited
to our environment than any other brand currently available. They weigh only
19 1bs. and are interchangeable with units we know have on line. The purchase
will be from a sole source vendor, Physio Control. they are the manufacturers
of the units and the only distributors for the Lifepaks. We currently have
a maintenance contract with Physio Control for repairs on 'our units and this
unit would be added to the contract after the warranty runs out.
Thank you for your assistance in this matter, if I can be of any further
assistance please notify me.
Sincerely,
,dl!~
Capt. Douglas Trawick
Paramedic Coordinator
DT/keb
CM 362
THl EFFORT ALWAYS MATTERS
.
-,
- -...- --'"
~
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[IT' DF DELAA' BEA[N
100 N,W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
305/243-7000
MEMORANDUM
TO:
Walter O. Barry, City Manager
Robert A. Barcinski, Assistant City Manager/~
Management Services ~
FROM:
DATE:
August 25, 1988
DOCUMENTATION - CITY COMMISSION MEETING _
SEPTEMBER 13, 1988 - BIDS ON ANNUAL ELECTRICAL
SERVICE REPAIR CONTRACT
SUBJECT:
Item Befnr~ CommisRion::
City Commission is requested to award a contract to Russell
B. Jennings, Inc., at an estimated cost of $12,717.50;
funding for this repair service is from the various Depart-
ment's repair and upkeep accounts.
Back9raund::
This is a service for electrical repairs for all City
facilities, as required throughout the contract year, on an
as needed basis, and as directed by the Facilities Mainte-
nance Department. This work includes air conditioning and
any wiring or installation that requires use of a licensed
electrician. This service is not for work exceeding
$10,000, which would require Commission approval.
The City will have a licensed electrician, from within their
personnel, by the end of the budget year.
Invitations to Bid were mailed to fifteen (15) local elec-
trical contractors, three (3) Delray Beach electrical
contractors submitted bids. A tabulation of bids is at-
tached for your review.
Recommendation::
Staff recommends that the annual contract be awarded to the
low bidder, Russell B. Jennings, Inc., at an estimated cost
of $12,717.50; and per the specifications, the City Manager
THE EFFORT ALWAYS MATTERS
3{pD
.
......~
~
Documentation - City Commission Meeting - September 13, 1988
Subject: Bids on Annual Electrical Service Repair Contract
August 25, 1988
Page 2
be authorized to renew the contract for one additional year,
subject to vendor acceptance, satisfactory performance and
determination that renewal is in the best interest of the
City. Funding for this repair service to be appropriated
from various Department's repair and upkeep accounts.
RAB:sk
attachment
l
.
M E M 0 RAN DUM
To:
From:
Ted Glas- Purchasing Director
Robert A, Barcinski- Asst. City Manager/Management
Services
:If ff
Date:
August 24, 1988
Subject:
Bids on Annual Electrical Service Repair Contract,
Bid #88-88
Invitations to Bid were mailed to fifteen (15) local
electrical contractors on July 12, 1988, A legal
advertisement was placed in the Delray News on July 22, 1988.
Three (3) Delray Beach electrical contractors submitted bids
for the August 2, 1988 bid opening. A Tabulation of Bids is
attached for your review,
Following staff analysis and review, it is recommended that
the annual contract be awarded to the low bidder, Russell B,
Jennings, Inc., of Delray Beach, at an estimated cost of
$12,717,50; and per the specifications, the City Manager be
authorized to renew the contract for one additional year,
subject to vendor acceptance, satisfactory performance, and
determination that renewal is in the best interest of the
City.
Per the Budget Office, funding for this repair service is
from the various Departments repair and upkeep accounts.
Attachments:
Tabulation of Bids
Memo from Building maintenance
Memo from Director for Fleet & Facility Maintenance
pc: Yvonne Kincaide
Bob Savage
Al Johnson
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CITY DF DELAR' BER[H
100 NW. 1st-AVENUE
DELRAY BEACH ;;:LORIClA 33444
305/243.7000
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: Robert A. Barcinski, Assistant City Manager/~A~
Management Services Group
DATE: AU9ust 30, 1988
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
SEPTEMBER 13, 1988 - AWARD OF BID _
lO TON DUMP TRUCK - PUBLIC UTILITIES
I~~m B~fore CommiRsion!
City Commission is requested to award a contract for the
purchase of a ten-ton dump truck for the Public Utilities
Department to the low bidder Heintzelman's Truck Center,
Inc., at a cost of $25,961.99. This purchase is for a 1989
Ford F800 dump truck.
BackarOllnd!. .
Invitations to Bid were mailed to twelve (12) area truck
dealers, four (4) dealers submitted bids for the August 9,
1988 bid opening; tabulation of bids is attached for your
review. The bid specifications meet or exceed the boiler
plate specifications and the price bid is actually less than
the City paid for a similar dump truck over a year ago.
Recamm@ndat:ion!
Staff recommends award of bid to Heintzelman's Truck Center,
Inc., for a 1989 Ford F800 ten-ton dump truck, at a cost of
$25,961.99, with funds to be appropriated from Capital
Outlay - Water & Sewer - Automotive budget, account '441-
5161-536-60.84.
RAB:sk
attaqhment
THE EFFORT ALWAYS MATTERS
3h~
~
.
,
MEMORANDUM
TO:
Walter O. Barry
City Manager
FROM:
Robert S. Pontek
Director of Public Utilities
SUBJECT: . AWARD OF BID - 10 TON DUMP TRUCK
DATE:
August 18, 1988
~
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We have reviewed the four bids offered for a 10 ton dump truck
for use in the Water Distribution Division and agree with award
to the lowest bidder, Heintzelman's Truck Center, Inc. in the
amount of $25,961.99 for the F-800 Ford. Funds for this purchase
are located in the Water and Sewer Fund FY87-88 budget for
vehi
RSP: sor
cc: Robert Savage, Fleet Manager
Ted Glas, Purchasing Director
(
-
-.".....- _...- ..."..--
~
~ E M 0 RAN DUM
To: Robert A, Barcinski- Asst, City Manager/Management
Services
From: Ted Glas- Purchasing Director
Date: August 24, 1988
Subject: Bids on Ten-Ton Dump Truck for Public Utilities;
Bid #88-94
Invitations to Bid were mailed to twelve (12) area truck
dealers on July 19, 1988. A legal advertisement was placed
in the Delray News on July 26, 1988.
Four (4) dealers submitted bids for the August 9, 1988 bid
opening, A Tabulation of Bids is attached for your review.
The low bid was submitted by the Heintzelman's Truck Center,
Inc, for $25,961,99 on a 1989 Ford F800 dump truck.
Following staff analysis and review, it is recommended that
the purchase of a ten-ton dump truck be awarded to the low
bidder Heintzelman's Truck Center, Inc, at a cost of
$25,961. 99.
Per the Budget Office, funding for this purchase is
available from account #441-5161-536-60,84 (Capitol
Outlay-Water & Sewer-Automotive).
f~
~
Ted Glas
Purchasing Director
Attachments:
Tabulation of Bids
Memo from Director of Fleet & Facility Maintenance
pc: Robert Pontek
Bob Savage
Yvonne Kincaide
David Huddleston
.
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[ITY DF DELAAY BEA[H
:<~o '\JW 1;1 4VENUE
DE LRA Y BEACH, FLORIDA 33444
305/243-7000
MEMORANDUM
,
TO: Walter O. Barry, City Manager
FROM: Robert A. Barcinski, Assistant City Manager/~
Management Services
DATE: August 31, 1988
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
SEPTEMBER 13, 1988 - BIDS ON CONTRACT FOR
CABANA AND BEACH EOUIPMENT RENTAT,g
Item B~for~ CommiSRinn:
City Commission is requested to award a bid to Flamingo Cabanas, at a
minimum guaranteed commission rate, to the City, of $2,010, per month
or $24,120 per year. This would be a three (3) year contract for
cabana and beach equipment rentals.
Back9round:
Invitations to Bid were mailed to seven (7) area vendors supplying
this service. . Four (4) vendors submitted bids; a tabulation of Bids
is attached for your review.
. Following staff analysis and review, it is recommended that the three
(3) year contract for cabana and beach equipment rentals be awarded to
the firm offering the highest rate of return, and per the specifica-
tions, that the City Manager be authorized to renew the contract for
three additional one year periods, subject to vendor acceptance,
satisfactory performance, and determination that renewal is in the
best interest of the City.
Recomm~ndat:ion!
Staff recommends award of bid to Flamingo Cabanas, at a mlnlmum
guaranteed rate to the City of $2,010 per month or $24,120, per year,
and per bid specifications, that the City Manager be authorized 'to
renew the contract for three additional one year periods, subject to
specified conditions.
RAB:sk
attachment
THE EFFORT ALWAYS MATTERS
3t:, F
(
~
M E M 0 RAN .D U M
From: Ted Glas- Purchasin~ Director
To: Robert A, Barcinski- Asst, City Manager/Management
Services
Date: August 29, 1988
Subject: Bids on Contract for Cabana & Beach Equipment
Rentals, Bid #88-78
Invitations to Bid were mailed to seven (7) area vendors
supplying this service, on July 14, 1988. A Legal
advertisement was placed in the Palm Beach Post on July 27,
1988,
Four (4) vendors submitted bids for the August 10, 1988 bid
opening, A Tabulation of Bids is attached for your review.
The vendor offering the highest commission to the City is
Flamingo Cabanas, at a minimum guaranteed rate of $2,010.
per month, or $24,120. per year.
Following staff analysis and review, it is recommended that
the three (3) year contract for cabana and beach equipment
rentals be awarded to the firm offering the highest rate of
return, Flamingo Cabanas; and per the specLfications, the
City Manager be authorized to renew the contract for tlH~",h-v~
additional one year periods, subject to vendor acceptance,
satisfactory performance, and determination that renewal is
in the best interest of the City,
fld ~
Ted Glas
Purchasing Director
Attachments:
Tabulation of Bids
Memo from Director of Parks & Recreation
pc: Joe Weldon
Yvonne Kincaide
David Huddleston
l
.
DEPA.lTMENTAL
CORRESPONDENCE
TO
Ted Glas
Purchasing Director
Joe Weldon
Director of Parks and Recreation
EIT' DF
DELRA' BEAEH
~(j
FROM
SUBJECT
Cabana and Beach Equipment Contract
8/26/88
DATE
The attached spread sheet is for the 3 year contract for the
rental of cabana and beach equipment. The vendor proposing the
highest return to the City is Flamingo Cabanas. Because he is
proposing to pay to the City over twice as much as the next
highest bidder, both Kendra Graham of your department and I
requested that Mr. Silverstein recheck his bid and he has
advised that he is comfortable with his proposal as bid.
Additionally, I requested his proposed fee for a cabana and two
beach chairs to make sure the price to the general public is not
out of line (See attached). As noted, he is proposing to charge
$9.00 for a cabana and two chairs for a day for 1988-89 which
compares to $10.00 per day charged by the current vendor. "
Based on the return to the City, I recommend the contract be
awarded to Flamingo Cabanas.
~ldO~~
~or of Parks and Recreation
JW:cc
eM 362
THE EFF)RT ALWAYS MATTERS
.
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August 23. 1988
Mr. Robert S. Pontek
Director of Public Utilities
City of Delray Beach
200 N.W. 1st Avenue
Delray Beach. Florida 33444
RE: Force Main - 50 Relocation Project
Change Order No, 1
Dear Bob:
Enclosed for your consideration is Change Order No. 1 for the
Fo~ Main 50 Project.
Once you have reviewed the Change Order and prepared it for
City Commission approval. please do not hesitate to contact me should
you need any additional infOrmation.
Very truly yours,
POST. BUCKLEY, SCHUH & JERNIGAN, INC.
f~d~
Jeffrey A. Boone
Project Manager
JAB/ts
Enclosure
.(J q\&1 \ ~f~"
n II i1 /;0
r r i~ f(;u
}D it\r
...------- - 3 .(.~-
cc: Larry Martin
Joe Moldovan
-..----.. .--.. .. - ._.._-----_..._-~--~-_..._. ..-.-. .._-_._----~-----.
---- ENGfNEf.RJNG--PlANNING--ARC+tFFEERlRE' .
(
.
!
DATE:
August 8, 1988
CII.I\NGE ORDER NO. 1
CONTRACTOR: Murray Logan Constructi on, Inc.
OI-IIIER: City of De 1 ray 8each
AGREEMENT DATE: February 29, 1988
The follovilng changes are hereby made to the CONTRACT DOCUNENTS:
Original CorHR^CT PRICE
Current COIHRACT PRICE ADJUSTED by previous CIIANGE ORDER
Net UIIIlKlluHDecrease) Resulting from this CIIANGE ORDER
The current CONTRACT PRICE including this CIIAIIGE ORD!:R
ORIGINAL CONTRACT TINE: , Sixty (60) Days
$ 95,980.00
$ 95,980.00
$ 4,219.23
,$ 91,760.77
Date 6/2/88
Date 6/2/88
Current CONTRACT TII'IE adjusted by previous CIIANGE OR DEnS
Net (Increase)tJ)UUU>>!I Resulting from this CIIAIIGE ORDER
Cu....ent COtITRACT TINE inclUding this CHANGE UllOER
Days 38
Dale 7/10/88
Page 1 of 3
Change Ordel' No. .-2.___
.
.
MEMORANDUM
TO:
Walter O. Barry
City Manager
FROM:
Robert S. Pontek
Director of Public Utilities
SUBJECT:
FORCEMAIN *50 RELOCATION - FINAL PAYMENT
REQUEST AND REDUCTION OF RETAINAGE TO ZERO
DATE:
September 6, 1988
Work is complete on the relocation of Forcemain *50, required to
accommodate the widening of Congress Avenue at the aerial
crossing of the E-4 Canal. The Engineers have certified the work
as completed and have approved the final payment request and
reduce the retainage to zero. We concur with this approval.
In coordination with this work along with the County Engineer's
Office, they agreed to have Hardrives install the Armorflex which
is a canal bank stabilizing material. This would not increase
the costs to the city but allowed better coordination and assured
the finished work would correctly blend together.
We will have a direct bill from the County at a later date for
this work, and the costs are the same as previously included in
the Murray-Logan work scope, being $6,300,
Kindly place this final payment approval
Commission which will release the contractor
year warranty period.
before the
and begin the
City
one
Thank you.
,
RSP:smw
ATT:
3~ H
.
~
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-pi' ~. BUCKLEY; SCHUH &. JERNIGAN. IN'
..:~=----'~.~~_~~-e(~)=~
H"_.____.____.___'_
-I~ .M"lUICHiAmlMl __.____._____'.
"am.-.i:N.U..~--_.,'_. _.________-"-__
-WiirfNMIUrai.I'LClIIMJS401
---<<i7.-:n7S- --
August 26, 1988
Mr. Robert S. Pontek
Director of Public' Utilities
City of Delray Beach
200 N.W. 1st Avenue
Delray Beach, Florida 33444
RE: Force Main - 50 Relocation Project,
Final Pay Request
PBS&J Project No. 14-009.64
Dear Bob:
Enclosed for your consideration and payment is the Final Payment
. Request for the above subject project as submitted by IIJRRAY LOGAN
CONSTRUCTION, INC. In addition to the pay request, please find attached
'Certification of Contractor, Affidavit and Partial Release of Lien
documents. A Final Release of Lien will be furnish in exchange for the
final payment to the Contractor.
We have reviewed the pay request and having observed the construction
activities, are satisfied that all construction, for which payment is
being requested, conforms to the plans and specifications. Therefore,
we recommend that payment to MURRAY LOGAN CONSTRUCTION, INC., be made in
the amount of Thirteen Thousand, Seven Hundred Forty Nine Dollars and
Five Cents ($13,749,05), contingent upon your review and approval of
Change Order No.1.
Please do not hesitate to contact me should you have any questions
regarding the project.
Very truly yours,
JAB/ts
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
~f-:: .oj~r"v
ProJect Manager l/ ,f{/ {t:"
t (lf7 p<;~' -\~
tyv/wl tU
1}O
Enclosures
cc: Larry Martin
Joe Moldovan
ENGINEERlNG---f>LANNING. ARCHITECTURE..
.
~-
.
~
,
RELOCATION OF THE AERIAL FORCE MAIN
CROSSING OF E-4 CANAL AT CONGRESS AVENUE
APPLICATION FOR PA YMENT N?:.....J.J:.g & Final
For work accomplished through the date of 7/13/88
PBSdeJ PROJECT NO, 14-009.60
CLIENT PROJECT NO, l79
CONTRACTOR: MURRAY LOGAN CONSTRUCTION. TNr..
Value of Contract
Percent of Work Completed to Date:
Gross Amount Due to Date: $
Ten Percent (1096) Retalnage (-) $ 0%
Net Amount Due to Date $ 95,980.00
'Less Previously Requested Amount (-) $ 7".012.99 v 7~ (,)1;'7~
Amount Due This Application s..". c...K_ $ i 7 r Q~~ o~ /~f'~';.J.S
Net Changes (See attached summary.) , 4,2 .2
'Amount due this application. ~3. 74S.7' /~7Yf.l!/>
The undersigned CONTRACTOR certifies that (1) all previous progress payment Jta.'!>
received from OWNER on account of Work done under the Contract referred to above have .
been applied to discharge in full all obligations of CONTRACTOR incurred in connection
with Worl< covered by prior Applications numbered I through ~ inclusive: and (2) title
to all materials and equipment Incorporated in said Work 01' otherwise listed in 01' covered by
this Application for Payment will pass to OWNER at time of payment free and clear of all
Hens, claims, security Intcrests and encumbrances (except such as covered by Bonds
acceptable'to OWNER).
OWNER
I.
2.
3,
4.
5.
6,
7.
8.
9 ,
CITY OF DELRAY BEACH
$
95,980.00
100%
95,980.00
Note:Thls Application must be accompanied with the Certification of Contractor Form.
Dated Julv l4.
,19~
MURRAY LOGAN CONSTRUCTION, INC.
CONTRACTOR
By
Title
resident
In accordance with the Contract, the undersigned recommends paY!llent to the
CONTRACTOR of thc amount due as shown abovc.
19 1'1
'-
POST, BUCKLEY, SCI-IUI-I de JERNIGAN, INC.
/? ;7INEER ,
~/l g~--
_cr?~ ~:;:;;: ~-L- ~...~<O
Dated #V~tl1r ;/
,.
By
00700 - 22
14-009.60
.
,
--
._._--.or- T..~ ._"_. _ ..__ ..,
~
.
Cf/t">r
[ITV DF DELAAV BEA[H
CITY ATTORNEY'S OFFICE
31 () S.L lst STREET, SUITE 4 DI-:LR,\ Y BL-\C1I, HORIOA 33483
407/243-7090 TFLECOPlfR 407/278-4755
MEMORANDUM
Date: August 31, 1988
To: Walter O. Barry, City Manager
From: Herbert W.A. Thiele, City Attorney
Subject: Review and Approval of Revision to Task 2 of Addendum
No. 1
Attached hereto please find correspondence dated August 5, 1988
which requests a revision to the authorized Task No. 2 of
Addendum No. 1 of the agreement between the City and CH2M HILL
for professional services.
This request has been submitted by CH2M HILL as a result of the
additional cost in the amount of $2,850 which apparently are to
be incurred as a result of the collection and analysis of the
Series-20 Well Field and water treatment plant water samples,
as well as the golf course well field samples.
We believe that this amount is acceptable and appropriate,
along with being within the realm of that which had been
previously approved by the City commission and believe same
should be approved.
We would appreciate you input on this subject. If you have any
questions, please contact me personally.
cZ
Attachments
cc: Gregory T. McIntyre, CH2M HILL
:3 ".J:
~
--.~
----...'.~....~........,-.-. . ...,..- '-,.
.
~
,
@.- Engineers
_ Planners
~ Economists
.- Scientists
-'.~
~~~~~~N:
City Altomey', Ollk:e
City of Oelr.y eellch
August 5, 1988
SEF24708.A9.65
Mr. Herbert W. A. Thiele, Esq.
City Attorney
City of Delray Beach
310 S.E. First Street, Suite 4
Delray Beach, Florida 33483
Dear Herb:
Subject: Water Quality Sampling Program for the 20-Series
Well Field--Scope Change
As part of Task 2 of Addendum No. 1 of the agreement for
professional services between the City of Delray Beach,
Florida, and CH2M HILL Southeast, Inc., water quality sam-
ples from the City's 20-Series Well Field and water treat-
ment plant (WTP) were collected and analyzed. At the
request of the City in March 1988, water samples from the
Golf Course Well Field were collected and analyzed for EPA
Method 601/602 parameters. These samples were collected on
March 25, and for confirmation on April 22, 1988.
The sampling and analysis of water samples from the Golf
Course Well Field was not included in the original scope of
services. CH2M HILL's policy is to conduct additional analy-
sis such as this within our existing budget authorization to
the extent possible. Unfortunately, this request has caused
us to exceed the $21,600 authorized, and therefore we must
request a revision of this budget. Our estimated fee for
the work performed is $2,850.
If you agree with this revision and associated cost esti-
mate, please sign in the space provided below. This letter
will then be considered as part of the agreement for profes-
CH2M HILL Southeost Florida Office Hil/sboro Executive Center North. 800 Fairway Drive. Suite 350 305,426,4008
Deerfield Beach, Fiorida 33441 407.737,6665
~
.~'&-...-
L. _ ....-..-._._... ___...___
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,
Mr. Herbert W. A. Thiele, Esq.
Page 2
August 5, 1988
SEF24708.A9.65
sional services between the City of Delray Beach and CH2M HILL
Southeast, Inc., dated February 11, 1988. If you have any
questions, please call me at your convenience.
Sincerely,
:z;.-:-
Timot S. Sharp
Hydrologist
DBT085/088
Approved:
~~
Herbert W. A. Thiele, Esq.
City Attorney
City of Delray Beach
cc: Walter O. Barry/City of Delray Beach
Gregory T. Mclntyre/CH2M HILI.
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MEMORANDUM
TO:
Walter O. Barry
City Manager
FROM:
Robert S. Pontek
Director of Public Utilities
SUBJECT:
SALINE MONITORING WELL CONSTRUCTION
DATE:
September 7, 1988
The current limitation of restrictive use to 3,0 MGD of the total
8.0 MGD in our "teen" series wells causes considerable concern to
us. The SFWMD limited the use to 3 MGD during the contamination
problems, further amplifying the water shortage in our city.
Based on my conversations with the SFWMD and Tim Sharp, CH2M Hill
(a former SFWMD employee), we believe there is an opportunity to
regain some portion of the restricted production from those wells
by constructing new saline monitoring wells. A series of four
monitoring wells proposed to be located between the existing
production wells and the ocean would offer better data to the
agency and we may be able to have additional water released for
our use.
I requested CH2M Hill contact the well driller being used
contamination assessment wells and to develop a scope
additional work to be detailed with the driller so that a
proposal could be assembled for your review.
for the
of the
formal
Attached is a scope of work and proposal for the installation of
four saline monitoring wells along with the engineering services
necessary for this project to be supervised and a report prepared
for the agency. I concur with the approach and the total costs
not to exceed $30,600 with $20,500 allocated for the well driller
and the balance $10,100 for engineering services.
I suggest that we use the contingency
Bond to support this important work.
well worth the investment.
funds from the 1984 Revenue
The cost to benefits are
RSP:smw
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@_ Engineers
_ Planners
~ Economists
_ Scientists
August 17, 1988
SEF327.65
Mr. Robert S. pontek
Director of ~ublic utilities
City of Delray Beach
lOO N.W. First Avenue
Delray Beach, Florida 3344l
Dear Mr. pontek:
Subject: Salt Water Intrusion Monitor Wells--Proposal for
Professional Engineering Services
As you have indicated, the South Florida Water Management
District (SFWMD) has reduced permitted pumpage of the City's
South Well Field from 8.0 million gallons per day (mgd) to
only 3.0 mgd. In an effort to regain a portion of the per-
mitted allocation and as mandated by SFWMD, the City has
proposed installing four additional salt water intrusion
monitor (SWIM) wells. These wells will be used to better
define the inland extent of salt water intrusion and further
protect the North and South Well Fields.
To expedite the installation of these wells, you have re-
quested that we retain the services of the well drilling
contractor (Groundwater protection, Inc.) who is currently
installing contamination assessment monitor wells for the
City. You have also requested our assistance during the
construction of these wells. Enclosed is our proposal for
providing drilling and resident observation services during
installation and testing of four SWIM wells and CH2M HILL's
Standard Agreement for Professional Services.
On the basis of a schedule provided by Groundwater Protection,
Inc., installation of the four proposed monitor wells should
begin the week of September 6 and be completed by the week
of September 19, 1988. At completion of the drilling, CH2M
HILL will prepare a report to be submitted to SFWMD.
CH2M HILL Southeast Florida Office Hillsboro Executive Center North, 800 Fairway Drive, Suite 3S0 305.426.4008
Deerfieid Beach, Florida 33441 407.737.6665
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Mr. Robert S. pontek
Page 2
August 17, 1988
SEF327.65
We look forward to working with you and your staff during
the efforts to improve the City's existing SWIM well network.
Should you have any questions, please do not hesitate to call.
Sincerely,
-~~
Timoth9;: ~Pp -
Hydrologist/Project Manager
DBPOl9/0l3
Enclosures
cc: Walter O. Barry/City of Delray Beach
Richard J. Bedard/CH2M HILL
Gregory T. Mclntyre/CH2M HILL
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CIfM HILL STANDARC AGREEMENT FOR PROFESSIONAL SERVICES
CH2M Hill OffICE ADDRESS
800 Fairway Drive, Suite 350, Deerfield Beach, FL 33441
~~NAME Delray Beach Salt Water Intrusion Monitorinq
CUENT City of Delray Beach
PROJECT NUMBER
100 N.W. 1st Avenue
Delray Beach, Florida 33444
ADDRESS
CLIENT requests and authorizes CH2M Hill to perlorm the fallowing services:
sco~: Provide enqineerinq consultinq services and technical assistance to the
City's Utility Department regarding salt water intrusion monitoring (SWIM).
Services to include review of City prepared technical specifications for SWIM
wells, procurement of well drilling contractor, resident observation of monitor
well drilling and preparation of a" report for submission to South Florida
Water Management District (SFWMD). (See attached scope of work for a more
detailed description of the aforementioned tasks).
COMPENSAOON by the CLIENT to CH2M Hill to be on the basis of Salary cost times a 2.35 multiplier
plus direct expenses at cost. Scope of work described above not to exceed $30,600~0.
When compensation Ison a cost reimbursable basis. a service charge of 10 percentwlll be added to Direct Expenses. All sales. use. \/IJlue
added, business tronster, gross receipts. or other ~mllar taxes will be added to ENGINEER's cornpensofIon when IrwoIcIng CUENT,
OTHER TERMS
ServIces covered by this Agreement will be performed In accordance with the PROVISIONS stated on the bock of this form and any
attachments or schedules, This Agreement supersedes all prior agreements and understandings and may only be changed by written
amendment executed by both parties
Approved for CUENT
AcceptedforCH2M Hill So",)~'i=.A';;\
INC
By
By
Title
Dote
Dote
Form 124 Rev. 3/87
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CI HILL PROJECT SEF327.65
DA'l'.ti:: August 17, 1988.
PAGE: 1 OF 3
SCOPE OF SERVICES AND BUDGET FOR SALT WATER
INTRUSION MONITOR WELL INSTALLATION
This scope of services and budget shall be a part of the
attached professional services agreement (hereinafter re-
ferred to as "AGREEMENT") and shall become part of. that
AGREEMENT as if written there in full.
For the purposes of this scope of services, the CITY OF
DELRAY BEACH shall be called "CLIENT" and CH2M HILL
SOUTHEAST, INC., shall be called "ENGINEER."
This scope of services and budget provide for professional
engineering services required for the drilling and resident
observation of four salt water intrusion monitor (SWIM) wells.
The scope of services to be provided are as described here-
inafter.
I. SERVICES TO BE PROVIDED BY THE ENGINEER
A. DESCRIPTION OF WORK TASKS
ENGINEER will provide specific services to the CLIENT
in accordance with the detailed task descriptions listed
below,
Task l--Well Drilling Contractor Procurement and Resident
Observation
The ENGINEER shall procure the well drilling contractor
currently contracted to install the contamination
assessment monitor wells for the CLIENT. The contrac-
tor, Groundwater Protection, shall drill and install
four 2-inch-diameter SWIM wells to total depths of ap-
proximately 220 feet below land surface at locations
designated by the CLIENT. All required permits and
underground utility clearances shall be obtained by the
ENGINEER before any drilling begins.
The ENGINEER shall perform resident observation and
inspection services during the drilling and installa-
tion of the SWIM wells. The estimated time frame for
these services is 2 weeks, following initial mobiliza-
tion of the well drilling contractor.
The ENGINEER shall collect and provide to the CLIENT
initial depth to water level measurements from all the
City's existing SWIM wells, following completion of the
DBP019/0l4
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Cl HILL PROJECT SEF327.65
DATE:
PAGE:
new monitor wells. The CLIENT shall perform any neces-
sary surveying to convert the depth to water measurements
to elevations with respect to the National Geodetic
Vertical Datum.
Task 2--Letter Report Preparation and Submission to
Regulatory Agencies
The ENGINEER shall compile all data collected during
the well drilling operations, including lithologic logs,
well completion reports, well construction details, and
depth to water measurements of all the CLIENT's SWIM
wells.
The ENGINEER shall prepare a letter report summar1z1ng
the well construction activities and the necessary data
to comply with the requests of the South Florida Water
Management District (SFWMD). The report shall be re-
viewed by the CLIENT before submission to any regulatory
agency.
The ENGINEER shall attend up to two meetings with the
CLIENT and SFWMD.
B. ASSUMPTIONS
The work described herein is based upon the assumptions
listed below. Should conditions differ from those
assumed in a manner that will affect budget or sched-
ule, the ENGINEER will advise the CLIENT in writing of
the magnitude of the required adjustments. Changes in
compensation to the ENGINEER will be negotiated with
the CLIENT.
1. The proposal and cost estimate submitted by the
well drilling contractor is based on the assump-
tions listed in the attached letter.
2. The resident observation and inspection time is
based on a 2-week estimate to 'complete the drill-
ing and well installation work.
3. The costs associated with the report preparation
include attendance of up to two meetings with the
CLIENT and the regulatory agencies. Meetings are
assumed to take place in West Palm Beach.
4. Additional time for addressing questions from the
regulatory agencies is included in the report
preparation.
DBP019/014
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CP. HILL PROJECT SEF327.65
DA~~: August 17, 1988
PAGE: 3 OF 3
II. COMPENSATION TO THE ENGINEER
Compensation for the professional engineering services as
described hereinafter are estimated not to exceed the
following:
Labor
Cost
Expenses
Total
Cost
Task l--Well Drilling
Contractor Procurement
and Resident Observation
$ 5,420 $20,500
$25,920
Task 2--Report Prepara-
tion ancr Submission to
Regulatory Agencies
3,680 1,000
4,680
TOTAL
$ 9,lOO $2l,500
$30,600
Compensation for services will be based upon direct salary
cost multiplied by a factor of 2.35, plus direct expenses
connected therewith, and will be invoiced monthly.
DBPOl9/014
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GROUNDWATER
111111""'1111111""1111111"'"
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PROTECTION 'NC
MONITORING WELL SPECIAUSTS
l".ugust 9, 1988
Mr. Tim S. Sharp
CH2M Eil.l
800 Fairway Drive, Suite 350
Deerfield Beach, Florida 33441
Dear Tim:
We are pleased to present you with this proposal for deep
monitoring wells for the City of Delray Beach.
SCOPE AND APPROACH
We understand that you would like us to install four 2" wells to
a total depth of 220 feet. The wells will be constructed of
"ri-Loc flush threaded, schedule 40 PVC except that the top five
feet will be galvanized pipe. The bottom ten feet of the wells
will be screened with .010 factory slotted PVC. The wells will
be installed in a six inch diameter borehole. A 20/30 silica
filter pack will be installed to two feet above the screen with
trcmie pipe. A one foot bentonite seal will be placed above the
sand followed by portland cement to the surface. The wells will
be finished above grade with locking above grade protectors.
The ,,'clls will be developed by airlifting and pumping for
apploxirr.ately t\<c hC1HS each or until substantially free of
sediment.
Drill cuttings, fluids c~nd cle:velopnent \\ater \.,;ill be spread on
site, which will be thoroughly cl(~ancd of trash and debris UpOIl
completion.
2452 SILVER Slr\R ROAD. ORlANDO, FLORIDA 32804 ' 305/29CMl298
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GROUNDWATER
1111111""1111111""111111111''1
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PROTECTION INC.
MONITORING WEll SPECIAUSTS
PRICE ESTIMATE
PROJECT: CITY OF DELRAY BEACH
AMOUNT QUANTITY TOTAL
------ -------- -----
Monitoring Wells $ 3,735.00 4 $ l4,940.00
Well Development $ 100.00 8 Hours 800.00
Mobilization:
Travel $ 75.00 l6 Hours 1. 200.00
Overnight $ 120.00 7 Nights 840.00
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2,040.00
2452 SILVER Slt\R ROAD, ORLANDO, FLORIDA 32804 ' 305/290-0298
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$ 17,780.00
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Mr. Tim Sharp
CH2M Hill
Page 2
The equipment utilized will be our Speedstar Ministar drilling
rig currently in use on the City of De1ray Beach Twenty-Series
Wellfield project.
TIMING AND FEES
Fees for this project would be approximately $17.780.00 which
anticipates eight days for completion of the project. This
estimate does not include the cost of installing surface casings
which may be needed for hole stability and circulation loss. If
any surface casings become necessary they will be installed for a
price of $3l.00 per foot. Our terms are net 30 days from our
invoice date.
We expect to be available to begin the project on September 6.
1988 and anticipate completion within approximately two weeks.
We appreciate the opportunity to assist the City of Delray Beach
again.
Please call me with any questions.
Very truly yours.
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Kevin M. Barley
President
Enclosure
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CITY DF DElRAY BEACH
100 N.W. 1st AVENUE
DELAA Y BEACH, FLORIDA 33444
305/243.7000
l1EMORANDUM
TO:
Walter O. Barry, City Manager
Robert A. Barcinski, Assistant City Manager/ ~ _
Management Services Group
FROM:
DATE:
September 7, 1988
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
SEPTEMBER 27, 1988 - BIDS - CHEMICALS AND
FERTILIZERS - COOP BID #88-87
Item Before Commission:
City Commission is requested to renew the contract for
chemicals and fertilizers, at an estimated cost of
$25,121. 59 with funding to corne from the Parks Division _
Operating Expenses - Gardening Supplies.
Back'ilronnd: .
Invitations to Bid were mailed to eighteen (18) area vendors
and ten (10) vendors submitted bids. A Tabulation of Bids
is attached for your review.
On August 29, 1988 the Palm Beach County Cooperative Pur-
chasing Group met and voted to recommend awards to the
following low bid vendors. The Parks & Recreation
Department concurs in this recommendation.
Vendor
Estimated Annual
Expenditure
Terra International
LESCO, Inc.
Liquid AG Systems
Malter International
Southern Mill Creek
$12,867.69
7,228.05
2,016.90
216.00
2.792.95
Total
$25,121. 59
The contract period is for one year, and per the specifica-
tions, the City Manager should be author ized to renew the
contract for one additional year period, subject to vendor
THE EFFORT ALWAYS MATTERS
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Documentation - City Commission Meeting - September 27, 1988
Coop Bid - Chemicals and Fertilizers
Page 2
acceptance, satisfactory performance, and determination that
renewal is in the best interests of the City.
Recommendation:
Staff recommends award of bid, as voted on by the Palm Beach
County Cooperative Purchasing Group, at the cost of
$25,121.59 to the various low bid vendors, for chemicals and
fertilizer supplies. Funding is appropriated from account
#001-4131-572-35.54: Parks Division - Operating Expenses -
Gardening Supplies.
RAB:sk
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M E M 0 RAN DUM
To:
Robert A, Barcinski-
Asst. City Manager/Management
~ Services
Director f~
From:
Ted Glas- Purchasing
Date:
September 2, 1988
Subject:
Bids on Chemicals & Fertilizers, Coop Bid #88-87
The City of Delray Beach Purchasing Department is the lead
organization for this bid, Invitations to Bid were mailed to
eighteen (18) area vendors on July 1, 1988. A legal
advertisement was placed in the Palm Beach Post on July 11,
1988.
Ten (10) vendors submitted bids for the August 12, 1988 bid
opening, A Tabulation of Bids is attached for your review,
On August 29, 1988 the Palm Beach County Cooperative
Purchasing Group met and voted to recommend awards to the
following low bid vendors, as highlighted on tab sheets. The
Parks & Recreation Department concurs in this
recommendation.
Vendor
Terra International
LESCO, Inc.
Liquid AG Systems
Malter International
Southern Mill Creek
Estimated
Annual Expenditure
$12,867,69
$ 7,228,05
$ 2,016.90
$ 216,00
.$. 2.792.95
$25,121.59
Per the Budget Office, funding for chemicals and fertilizers
is from account #001-4131-572-35.54 (Parks Division-
Operating Expenses-Gardening Supplies).
The contract period is for one year; and per the
specifications, the City Manager be authorized to renew the
contract for one additional year period, subject to vendor
acceptance, satisfactory performance, and determination that
renewal is in the best interest of the City.
Attachments:
Tabulation of Bids
Memo from Bid Specialist
Memo from Director of Parks & Recreation
pc: Joe Weldon
Yvonne Kincaide
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DEPARTMENTAL
CORRESPONDENCE
[ITY DF
DELRAY BEA[H
Ted Glas
TO Purchasing Director
Joe Weldon
'~OM Director of Parks and Recreation
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SUBJECT
Cooperative bid for chemicals and fertilizers
(Bid #88-87)
9/1/88
DAtE
Please be advised that I concur with the attached recommendation
of awards with regards to the cooperative bid for chemicals and
fertilizers. The attached spreadsheet includes estimated total
usage and cost for the Parks Maintenance Division.
If you have any questions, please contact me.
u
and Recreation
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CHEMICALS AND FERTILIZERS
Estimated
Product Vendor Usaqe Price
Chemicals Nemacur Liquid Aq. 1000 lbs. $ 1,479.00
Systems
Roundup Southern 30 gal. 1,717.80
Mill Creek
MSMA Terra Int. 15 gal. 166.50
Dursban Liquid Aq. 5 gal. 163,50
2E Systems
Dursban Southern 5 gal. 317.50
4E Mill Creek
Deconil Terra Int. 20 gal. 552.00
2787
Sencor Southern 20 lbs. 380.00
75WP Mill Creek
Seven Terra Int. 10 lbs. 20.30
W.P.
Casron Terra Int. 100 lbs. 120.00
Granule
Fire Ant Malter Int. 20 gal. 216.00
Eradica-
tion Liq.
Orthene Liquid Aq. 60 lbs. 374.40
75S System
Diazinon Southern 15 gal. 291.00
Aq.-500 Mill Creek
Chelate Southern 5 gal. 16.65
Iron Mill Creek
Wasp & Southern 2 doz. 70.00
Hornet Mill Creek
SUBTOTAL: $ 5,884.65
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Estimated
Product Vendor Usaqe Price
Fertilizer 14-14-14 Terra Int, 217 bags $ 1,996.40
34-3-8 Lesco Inc. 26 bags 273.00
24-5-11 Terra Int. 568 bags 6,588.80
22-0-22 Lesco Inc. 64 bags 694,40
22-5-7 Terra Int. 327 bags 3,423.69
32-5-7 Lesco Inc. 189 bags 2,901.15
2.32% Lesco Inc. 129 bags 2,773.50
Dursban
Ofthanol Lesco Inc. 17 bags 365.50
1.5G
8-10-10 Lesco Inc. 7 cases 220.50
Tree
Stakes
SUBTOTAL: $ 19,236.94
GRAND TOTAL: $' 25,121. 59
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[ITY DF DElRAY BEA[H
100 N,W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
305/243-7000
MEMORANDUM
,_.I'
TO:
Walter O. Barry, City Manager
Robert A. Barcinski, Assistant City Manager/ )f.~,~.
Management Services
Jk
FROll,:
DATE:
September 9, 1988
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
SEPTEMBER 13, 1988 - PROTECTIVE TURNOUT
GEAR AND HELMETS FOR FIRE DEPARTMENT
Item B~for~ Commission:
City Commission is request to approve purchase of:
1. Seventy Five (75) sets of protective turnout gear to
the low bidder, Municipal Equipment Company, with
funding for this purchase in the Fire-Emergency
Medical-Uniform & Linen Services and Fire-Fire
Department-Uniform & Linen Services account, at a cost
of $28,995.
2)
One Hundred and Thirteen (113) helmets at a cost
$7,571, with funding for this purchase from
Fire-Emergency Medical-Uniform & linen Services
Fire-Fire Department-Uniform and Linen Services
count,
of
the
and
ac-
Background:
1. Protecti ve Turnout Gear. The City of Fort Lauderdale
has received bids, for Bi-County Bid #5066, for turnout
gear. The low bidder is Municipal Equipment Company on
the Janesville brand coats and pants, at a cost of
$386.60 per set. The Fire Department is requesting the
purchase of Seventy Five (75) sets of protective
clothing.
2. Helmets. The City of Cooper Ci ty has received bids,
for Cooperative Bid #88-3-1, for fire gear. The low
bidder for the "Morning Pride Light Force" helmet is
Safety Equipment Company, at a unit cost of $67. The
Fire Department is requesting the purchase of one
hundred and thirteen (113) helmets,
THE EFFORT ALWAYS MATTERS
3~L
Documentation-City Commission Meeting September 13, 1988
Subject: Protective Turnout Gear & Helmets/Fire Department
September 9, 1988
Page 2
Recommendation:
Following staff analysis and review, the following is
recommended:
1. Seventy Five (75) sets of protective turnout gear be
awarded to the low bidder, Municipal Equipment Company
at a cost of $28,995, via Fort Lauderdale Bi-County Bid
#5066 with funding from the 1987-88 budget accounts, #
001-2315-526-33.48, Fire-Emergency Medical-Uniform &
Linen Services and account #001-2311-522-33.48,
Fire-Fire Department-Uniform & Linen Services,
2. One Hundred and thirteen helmets be awarded to the low
bidder, Safety Equipment Company at a total cost of
$7,571, via Cooper City Cooperative Bid #88-3-1, with
funding from the 1987-88 budget accounts,
#001-2315-526-33,48, Fire-Emergency Medical-Uniform &
Linen Services and account #001-2311-522-33.48,
Fire-Fire Department-Uniform & Linen Services.
RAB:sk
attachments
M E MaR AND U M
To:
From:
Robert A. Barcinski- Asst. City Manager/Management
Ser\-ices
Ted Glas- Purchasing Director
Date:
September 7, 1988
Subject:
Protective Turnout Gear & Helmets for Fire
Department
Protective Turnout Gear:
The City of Fort Lauderdale has received bids for Bi-County
Bid No.5066 for turnout gear. The low bidder is Municipal
Equipment Co. on the Janesville brand coats and pants, at a
cost of $386.60 per set.
The Fire Department is requesting the purchase of (75) sets
of protective clothing.
Per the Budget Office, funding for this purchase is in the
1987-88 budget accounts #001-2315-526-33.48 (Fire-Emergency
Medical-Uniform & Linen Services); and #001-2311-522-33,48
(Fire-Fire Dept.-Uniform & Linen Services).
Following Staff analysis and review, it is recommended that
the purchase of (75) sets of protective turnout gear be
awarded to the low bidder, Municipal Equipment Company, at a
total cost of $28,995., via Fort Lauderdale Bi-County Bid
No.5066.
Helmets:
The City of Cooper City has received bids for Cooperative
Bid #88-3-1 for fire gear. The low bidder for the "Morning
Pride Light Force" helmet is Safety Equipment Company at a
unit cost of $67.00.
The Fire Department is requesting the purchase of 11131
helmets.
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Protective Gear for Fire Dept.
Page 2
Per the Budget Office, funding for this purchase is in the
1987-88 budget accounts #001-2315-526-33.48 (Fire-Emergency
Medical-Uniform & Linen Services); and #001-2311-522-33.48
(Fire-Fire Dept.-Uniform & Linen Services).
Following Staff analysis and review, it is recommended that
the purchase of (113) helmets be awarded to the low bidder,
Safety Equipment Company, for "Morning Pride Light Force"
helmets, at a total cost of $7,571., via Cooper City
Cooperative Bid #88-3-1.
:!Id
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Ted Glas
Purchasing Director
Attachments:
Memos from Fire Department
Documentation from Fort Lauderdale
Documentation from Cooper City
pc: Chief Koen
Yvonne Kincaide
DEPAriTMENTAL
CORRESPONDENCE
TO
TED GLAS, PURCHASING DIRECTOR
[ITY DF
DElRRY BER[H
f'ROM
M. B. WIGDERSON, ASSISTANT FIRE CHIEF
~Ul:lJ[CT
PURCHASE OF PROTECTIVE TURNOUT GEAR
[,,\11
8/24/88
I am
They are
Bi-County
reference:
requesting the purchase of 75 sets of protective turnout gear.
to be purchased from Municipal Fire Equipment Company using the
Joint Purchasing Committee quotation list, August 1988,
Fort Lauderdale Bid #5066.
We have wear tested this gear and three other brands this past year in
our department and we have found the Janesville gear as best meeting our
needs.
I am interested in purchasing the Janesville NFPAIG35 coat priced at
$220.00 and the Janesvil1e NFPA IPG pants priced at $149.00. Choices to be
white or yellow Nomex with Gortex liners and lime yellow Reflexite trim.
Options to include: radio pocket on left side at $5.50' and Ref1exite
letters at $1.10 each centered on back yoke of jacket, DELRAY above BEACH,
at a cost of $12.10 each. The cost of one set of protective clothing gear
will be $386.60 for a total of 75 sets at $28,995.00.
Money for this purchase is available in this budget and the cost will
be split as follows:
#001-2315-526-33-48
#001-2311-522-33-48
$11 ,598. 00
$17,397.00
TOTAL
$28,995.00
If you have any questions concerning this purchase please contact me.
,M /y {/vi~,-;?/[.f~o,
M. B. Wigder~ ~
Assistant Fire Chief
MBW/mmh
eM ]G2
THE EFFORT ALWAY~ MATHH~
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CITY OF"
fORT LAUDERDALE
F"LORIOA
ffThe Venice of America"
P. O. DRAWER 14250
33302
Dot.e:
l\u9u"'t 9. 1988
To:
All Part~cipatin9 Agencies
FroJII.:
To", Pryt.herch/Buyer I'Fort. L~uderde le,/761-5145
Sub)ect:
Bi-County Bid No. 5066 ~or Turnout Gear
I hove encloe.ed e copy o~ all bid propo&ol page5 received, one
copy 0% the ent.ire bid 10r re~erence. and a tabulation 0% all
bide. received.
All 5o.pIes. were s.ent direct.ly to Tony Strovino in Deer~ield
Beach. Pleaae cont~ct hi. at <305> 480-~3S3 concerning t.heir
review.
We will be recoJll,JII,ending to the Fort. Lauderdale City ComJII.i8sion
award 0% the contract t.o Se~ety Equip.ant Co. t.he e1091e bidder
on t.he UTails.u Fire Clot.hing_ For thoe.e 'W'ie.hing to ue.e t.he
Traditional Fire clothin9~ the reco~.endation %or award ia to
the lo~ reapon&ible bidder ~eetin9 apeci%icationa which ia to
Municipal Equip.ent Co. ~or their alternate #1 bid on ~he
Janeavi1.le .line.
Each Agency must take any action required in ~ccord~nce ~ith
individual ordinance&
turn1tr
DEP A. \ TMENT AL
CORRESPONDENCE
TO
TED GLAS, PURCHASING DIRECTOR
[ITY DF
DElARY BER[H
~~(j
FROM
M. B. WIGDERSON, ASSISTANT FIRE CHIEF
SUBJECT
PURCHASE OF HELMETS
rJ:'.T!
8/22/88
I am requesting the purchase of one hundred and thirteen (113) helmets
for the Fire Department. They are to be purchased using the Bi-County
Joint Purchasing Committee Quotation List - August 1988, reference Cooper
City Bid #88-3-1.We have wear tested this helmet and three other brands, in
the department, and the "Morning Pride Light Force" best meets our needs.
I am interested in purchasing the "Morning Pride Light Force" helmet
which is of Kev1ar composite material, at a cost of $67.00 each, for a
total cost of $7,571,00. Money for this purchase is in this years budget.
An equal division of funds, $3,785;50, has been budgeted from categories
#001-2311-522-33-48 and #001-2315-526-33-48.
If you have any questions concerning this purchase please contact me.
~~1;Y, (~~.J/4-0-/
V \.-
M, B. Wigderson
Assistant Fire Chief
MBW/mmh
eM 362
THE EFFORT ALWAYS MAneRS
i
"
25. CITY OF DELRAY BEACH VS BOOI SERVICES: Consider settlement
discussions relative to Marina De1ray.
26. SIGNAGE
recommendation
and allocation
DESIGNATION
of Historic
of funds.
FOR THREE HISTORIC DISTRICTS: Consider
Preservation Board for signage designations
27. REIMBURSEMENT OF LOCAL ROAD IMPACT FEES: Consider approval of
reimbursement of special "fair share formula" local road impact fees
to developers which contributed them.
28. HISTORIC PRESERVATION BOARD "THIS OLD TOWN" WORKSHOP: Consider
approval of Historic Preservation Workshop.
CONSENT AGENDA
29. FINAL PLAT
plat approval for
and Congress.
CHEVRON U.S.A., INC.: Consider request for final
Chevron, located at the northwest corner of Atlantic
30. FINAL PLAT - ST. MARY'S THE VIRGIN CHURCH: Consider request for
final plat approval for St. Mary's the Virgin Church, located at the
southeast corner of West Atlantic Avenue and Homewood Boulevard.
31. AMENDMENT NO.1 TO AGREEMENT WITH PALM BEACH COUNTY SCHOOL BOARD:
Consider approval of Amendment No. 1 to Agreement between the City and
Palm Beach County School Board regarding transfer of De1ray Beach
Elementary School.
32. RESOLUTION NO. 47-88: A Resolution assessing costs for abatement
action required to remove an unsafe building on property at 135 S. W.
2nd Avenue.
33. RESOLUTION NO. 48-88: A Resolution assessing costs for abatement
action required to remove an unsafe building on property at 261 S. E.
5th Avenue.
34. RESOLUTION NO. 49-88: A Resolution assessing costs for abatement
action required to remove an unsafe building on property at 4141 N. W.
2nd Street.
35. RESOLUTION NO. 50-88: A Resolution assessing costs for abatement
action required to remove an unsafe building on property at 620 N. W.
1st Street.
36. AWARDS OF BIDS AND CONTRACTS:
A. Co-op Bids for Police and Fire Uniforms, Annual Contract _
Martin-Lamar Uniforms - Police Estimated $30,860 with funding to
come from Account 001-2111-33.48; Fire Estimated $14,565 with
funding to come from Account 001-2311-522-33.48.
B. Phase IV, Barwick Park (to include restrooms and park center,
entrance plaza, walkways, signs, etc.) - James A. Bushouse &
Associates $97,522 with funding to come from Account
117-4165-572-60.69.
C. Two Monitor/Defibrillators - Physio Control Corporation (Sole
Source) $15,150.80. $7,575.40 to come from Account
001-2315-526-60.89 and $7,575.40 to come from Account
115-0000-248-64.00.
D. Annual Contract
B. Jennings, Inc.
departments - Repair
for Electrical Service and
$12,717.50 with funding to
and Upkeep Accounts.
Repairs - Russell
come from various
-3-
E. Ten-Ton Dump Truck - Heintzelman's Truck Center - $25,961.99
with funding to come frow Account 441-5161-536-60.84.
F. Three Year Contract for Cabana and Beach Equipment Rentals _
Flamingo Cabanas - $24,120 per year revenue to City.
G. Change Order No. 1 Forcemain '50 Relocation Project _
Murray-Logan Contractors, Inc. $4,219.23 with funding to come
from Account 441-5161-536-60.66.
H. Final Payment Request and Reduction of Retainage to Zero for
Forcemain '50 - Murray-Logan Contractors, Inc. - $13,749.05 with
funding to come from Account 441-5161-536-60.66.
I. Revision to Task 2 of
CH2M Hill $2,850
339-5162-536-60.49.
Addendum No. 1 - 20 Series Well Field _
with funding to come from Account
J. Saline Monitoring Well Construction - CH2M Hill - $30,600
with funding to come from Account 339-5162-536-60.41. .
K. Chemicals and Fertilizers (Coop Bid 88-87) - $25,121.59 with
funding to come from Account 001-4131-572-35.54 _
Terra International
LESCO, Inc.
Liquid AG Systems
Malter International
Southern Mill Creek
$12,867.69
7,228.05
2,016.90
216.00
2,792.95
L. Protective Turnout Gear and Helmets - $36,566 with funding to
come from Accounts 001-2315-526-33.48 and 001-2311-522-33.48 _
Municipal Equipment Co.
Safety Equipment Co.
$28,995.00 (Turnout Gear)
7,571.00 (Helmets)
-4-