04-04-06 Agenda Reg
City of Delray Beach
Regular Commission Meeting
oj<,
tr1
=::::J
RULES FOR PUBLIC PARTICIPATION
Tuesday. April 4. 2006
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Dekay Beach City Hall
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
C. Regular Agenda and First Reading Items: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be allowed when agreed by consensus of the City Commission.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
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, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Smith at 243-7010,
24 hours prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings in the Commission
Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
. March 6, 2006 - Regular Meeting
. March 21, 2006 - Regular Meeting
. March 30, 2006 - Organizational Meeting
6. PROCLAMATIONS:
A. Recognizing and commending James Scala - Ocean Rescue Division - Parks and
Recreation Department Employee of the Year for 2005; and Angel Rodriguez - Parks
Maintenance Division and Matthew Carbone - Administration/Recreation Division as
Parks and Recreation Top Employees of the Year for 2005
B. National Public Works Week - May 21-26,2006
C. Days of Remembrance - Holocaust
7. PRESENTATIONS:
A. Delray Camera Club Awards - ''Vibrant Delray 2006"
8. CONSENT AGENDA: City Manager Recommends Approval.
A. AMENDMENT NO. l/BUSINESS LEASE AGREEMENT/MAE VOLEN
SENIOR CENTER. INC.: Approve Amendment No.1 to the Business Lease
Agreement with the Mae V olen Senior Center, Inc. to extend the operation of the
Alzheimer's Center to September 21, 2006.
B. ACCEPTANCE OF GRANT/EMERGENCY MEDICAL SERVICES (EMS)
GRANT: Accept Emergency Medical Services (EMS) grant funding in the amount of
$43,707.20; and authorize the purchase of eight (8) EtC02 Side stream LoFlo Upgrades
and supplies in the amount of $41,199.50 from Zoll Medical Corporation for the Fire-
Rescue Department. Funding is available from 001-2315-526-64.90 (General Fund/Fire
Rescue/Other Machinery/Equipment).
C. DELRAY LAKES HOMEOWNERS' ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and
the Delray Lakes Homeowners' Association allowing the Delray Beach Police
Department to enforce local and state traffic laws on its property.
04-04-2006
- 2 -
D. RESOLUTION NO. 16-06: Approve Resolution No. 16-06 authorizing funding in
the amount of $5,000.00 to the Brickel Foundation for the Olweus Bullying Prevention
Program.
E. AMENDMENT NO. l/GENERAL CONSULTING ENGINEERING
SERVICES AGREEMENT/MCMAHON ASSOCIATES, INC.: Approve
Amendment No.1 to the General Consulting Engineering Services Agreement between
the City and McMahon Associates, Inc. to provide for a 5% increase in the cost of
professional engineering services.
F. ACCEPTANCE OF 2004/2005 ANNUAL FINANCIAL REPORT: Accept the
Comprehensive Annual Financial Report for fiscal year ended September 30, 2005; a
formal presentation of the report will be made at the April 11, 2006 Commission
Workshop Meeting.
G. SPECIAL EVENT REOUEST / A VDA: Approve a special event request to allow
the 9th Annual Aid to Victims of Domestic Abuse, Inc. (A VDA) 5K Walk/Run to be
held on Saturday, October 14, 2006 from 7:30 a.m. until approximately noon.
H. DONATION/COMMUNITY CHAIR PROJECT: Accept a donation from the
West Atlantic Redevelopment Coalition (WARe) of twelve (12) Adirondack chairs to
become part of the City's public art inventory.
1. CONSENT TO SUBCONTRACT/WASTE MANAGEMENT: Approve a
Consent to Subcontract Agreement with Waste Management (WM) to allow the use of
a subcontractor, Eastern Waste Systems, Inc. (EWS), to collect vegetative and bulk
waste in the City.
J. SPECIAL EVENT REOUEST /BED RACE: Approve a special event request to
allow the 9th Annual Bed Race and Street Dance to be held on May 11, 2006 from 5:30
p.m. until 1 0:00 p.m.
K. SERVICE AUTHORIZATION NO. 3.1/CH2M HILL, INC.: Approve Service
Authorization No. 3.1 to CH2M Hill, Inc. in an amount not to exceed $16,802.00 for
boundary and topographic surveying; and gopher tortoise permitting for site plan layout
and design of the Bexley Park Project. Funding is available from 380-4150-572-63.24
(2004 G.O. Bond/Parks & Recreation/Bexley Park).
L. BUREAU OF JUSTICE ASSISTANCE (BJA) BULLETPROOF VEST
PARTNERSHIP (BVP) GRANT: Authorization to apply for the Bureau of Justice
Assistance (BJA) Bulletproof Vest Partnership (BVP) Grant in an amount up to
$112,000.00 with a City match of $56,000.00 to purchase bulletproof vests for the
Police Department.
M. REOUEST FOR VALET OUEUE EXPANSION/CAFFE LUNA ROSA:
Approve a request from Caffe Luna Rosa to permanendy expand their existing valet
queue area from four (4) spaces to seven (7) spaces.
04-04-2006
- 3 -
N. FINAL BOUNDARY PLAT APPROVAL/SEAGATE HOTEL AT ATLANTIC
PLACE PLAT: Approve the boundary plat for the Seagate Hotel at Atlantic Place
Plat, located on Atlantic Avenue at Venetian Drive.
O. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/LINTON
BOULEVARD BRIDGE TENDER HOUSE: Approve an Interlocal Agreement
with Palm Beach County for reimbursement of $100,000.00 for upgrades to the Linton
Boulevard Bascule Bridge Tender House. Funding is available from 334-3162-541-
46.10 (General Construction Fund/Bridge/Linton Blvd. Tender House).
P. THIRD AMENDMENT TO CONTRACT FOR SALE AND PURCHASE/
AUBURN TRACE: Approve the Third Amendment to the Contract for Sale and
Purchase between the City and Auburn Trace, LTD. to extend the closing date and to
approve a cross access easement agreement.
Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
March 20, 2006 through March 31, 2006.
R. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Container Systems & Equipment Co., Inc. the amount of
$131,686.00 as a sole source purchase for the purchase of one (1) 2006
Schwarze A 7000 Regenerative Air Street Sweeper demonstrator model
replacement vehicle for the Public Works Department. Funding is available
from 501-3312-591-64.20 (Central Garage Fund/Automotive).
2. Lease award to Ikon Office Solutions in the total amount of $22,662.72 over a
three (3) year term via the Miami-Dade Contract #114-DD11 for the lease of a
Canon Image Runner 7095 Digital Copier to be shared by the Community
Improvement and Planning & Zoning Departments. Funding is available from
001-2511-515-44.30 and 001-2711-524-44.30 (General Fund/Equipment Rental
Leases) .
3. Contract award to Ron Bell, Inc. in the amount of $83,270.00 for the repairs to
the Old Train Depot roof which was damaged by Hurricane Wilma. Funding is
available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims).
4. Bid award to Larson Builders in the amount of $69,234.40 to remove and
replace the existing perimeter fence as part of the Strategic Task Team (ST!')
Partnership and approved Neighborhood Plan. Rainberry Woods Homeowners
Association will contribute $20,000.00. Funding is available from 334-6130-
541-63.89 (General Construction Fund/Neighborhood Enhancements).
9. REGULAR AGENDA:
A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION
ASSOCIATED WITH 711 NORTH SWINTON AVENUE: Consider an appeal of
the Historic Preservation Board's decision for 711 North Swinton Avenue, located in
the Del-Ida Park Historic District. (Quasi-Judicial Hearing)
04-04-2006
- 4 -
B. CONDITIONAL USE REQUEST /PARC PLACE NORTH AT DELRAY
BEACH: Consider a request to allow a free-standing multiple family residential
development as part of a mixed-use development in the General Commercial (GC)
zoning district for Parc Place North at Delray Beach, located at the east side North
Federal Highway, approximately 860 feet south of Gulf Stream Boulevard. (Quasi-
Judicial Hearing)
C. CONDITIONAL USE REOUEST /ROYAL PALM CLUB AT DELRAY
BEACH: Consider a request to allow a free standing multiple family residential
development as part of a mixed-use development in the General Commercial district for
Royal Palm Club at Delray Beach (fka Ralph Buick Site), located at the northeast comer
of Fladell's Way and South Federal Highway. (Quasi-Judicial Hearing)
D. CONDITIONAL USE REOUEST /MAROONE FORD: Consider a request to
establish a parking and storage lot for vehicles within the MIC (Mixed Industrial and
Commercial) district for Maroone Ford, located on the west side of Wallace Drive,
between Georgia Street and Milfred Street. (Quasi-Judicial Hearing)
E. TREE REMOVAL POLICY/REPLACEMENT AFTER STORM EVENT:
Consider approval of a proposed policy for tree removal and replacement after a major
storm event.
F. ITEM REMOVED FROM AGENDA
G. SPECIAL EVENT REOUEST / ART & JAZZ: Consider approval and
endorsement of Art & Jazz on the Avenue scheduled for May 11, 2006 from 6:00 p.m.
to 10:00 p.m.; and approve the closure of Atlantic Avenue from Swinton Avenue to
N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past
the Blue Anchor Pub, Railroad Drive from Adantic Avenue to N.E. 151 Street, and N.E.
2nd Avenue from Atlantic Avenue to N.E. 2nd Street (street closure will be from 3:00
p.m. to approximately midnight).
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 16-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
regarding Subsection 4.3.40) (4) (b), "Allowances", to provide for modifications to
performance standards and to require workforce housing.
B. ORDINANCE NO. 17-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
Section 4.4.6, "Medium Density Residential (RM) District"; Section 4.4.9, "General
Commercial (GC) District"; and Section 4.5, "Overlay and Environmental Management
Districts", to include references to aspects of the Workforce Housing Ordinance for
RM zoned properties that are part of the Workforce Housing Overlay Districts; and
includes additional workforce housing overlay districts in the RM district and includes
an incentive to build workforce housing in the GC district.
04-04-2006
- 5 -
C. ORDINANCE NO. 18-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
Article 4.7, "Family Workforce Housing", establishing an additional workforce housing
overlay district known as the "Infill Workforce Housing Area", located east of 1-95 and
west of the Intracoastal outside of the coastal high hazard area for properties
predominandy zoned RM (Medium Density Residential).
D. ORDINANCE NO. 19-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
Section 4.4.1300, "Performance Standards", to provide for inclusion of workforce
housing among other conditions in order to obtain increased density.
E. ORDINANCE NO. 20-06 (SECOND READING/SECOND PUBLIC
HEARING.): City initiated amendment to the Land Development Regulations (LDR)
Section 4.1.4, "Use of Lots of Record", to provide for the use of lots of record of at
least 40 feet in width for the construction of workforce housing units.
F. ORDINANCE NO. 14-06 (FIRST READING/FIRST PUBLIC HEARING.):
Amendment to the Land Development Regulations (LDR) establishing a six (6) month
moratorium on demolitions, additions, and new construction in the City's five (5)
Historic Districts. If passed, a second public hearing will be scheduled for April 18,
2006.
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
. NONE
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: MARCH 31, 2006
04-04-2006
- 6 -
MARCH 6. 2006
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00
p.m., Tuesday, March 6, 2006.
1.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Rita Ellis
Commissioner Jon Levinson (arrived at 6:24 p.m.)
Mayor Jeff Perlman
Absent - Commissioner Alberta McCarthy
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Douglas Smith, Assistant City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Father Thomas Skindeleski with St. Vincent
Ferrer Catholic Church.
3.
The Pledge of Allegiance to the flag ofthe United States of America was given.
4.
AGENDA APPROVAL.
Mayor Perlman stated there is additional information for Items 8.M.2, Awards of
Bids and Contracts (vehicle purchases), 9.C., Waiver Requests/Coda Property and 9.J.,
MoratoriumlDevelopment Proposals/Historic Districts.
He noted Item 8.1., Third Amendment to Contract for Sale and
Purchase/Auburn Trace has been removed from the Agenda. Also, Mayor Perlman stated
Item 8.H., Request for Proposal/Multi Space Meters has been moved to the Regular Agenda
as Item 9.A.1.
Mayor Perlman noted the addition of Item 9.K. U.S. Conference of Mavors.
Mrs. Ellis moved to approve the Agenda as amended, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mayor
Perlman - Yes. Said motion passed with a 3 to 0 vote.
03/06/06
5.
APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of February
21, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer
- Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 3 to 0 vote.
6. PROCLAMATIONS:
6.A. Commendinl! multiple medal winners - Delrav Beach 2006 Senior Games
Mayor Perlman read and presented a proclamation hereby proclaiming that
Herbert Furash, Loring Holmes, Marshall Johnson, Justin Langsner, Robert Larsen,
Margaret Locken, Robert Spaulding, and Abe Ulan off are to be commended for their many
triumphs in this competition, and for their spirit and enthusiasm.
6.B. Recol!nizinl! American Red Cross Month - March 2006
Mayor Perlman read and presented a proclamation hereby proclaiming March
2006 as American Red Cross Month in the City of Delray Beach. Jennifer Witt and Sue
Tauriello came forward to accept the proclamation.
6.C. Recol!nizinl! Fair Housinl! Month - April 2006
Mayor Perlman read and presented a proclamation hereby proclaiming April 2006
as Fair Housing Month in the City of Delray Beach. Lula Butler, Director of Community
Improvement, came forward to accept the proclamation.
7.
PRESENTATIONS:
. NONE
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. LEASE AGREEMENT EXTENSION/FIRST PRESBYTERIAN CHURCH:
Approve a lease agreement extension request to First Presbyterian Church for the Gleason Street
Parking Lot.
8.B. CONTRACT RENEWAL/PARKING PROS: Approve the renewal of a
contract with Parking Pros for the staffing of the South County Courthouse Garage on weekend
evenings. Funding is available from 001-3151-545-34.90 (General Fund/Other Contractual
Services).
8.C. PUBLIC PARKING FEE SPACES/CODA DEVELOPMENT: Approve the
purchase of nineteen (19) public parking fee spaces in the amount of $304,000.00, in accordance
with Ordinance No. 79-05, by the Coda Development, located on S.W. 1st Street, between S.W.
1 st Avenue and S.W. 2nd Avenue.
- 2-
03/06/06
S.D. SERVICE AUTHORIZATION NO. 32.1/DA VID MILLER &
ASSOCIATES. P.A.: Approve Service Authorization No. 32.1 to David Miller & Associates,
P.A. in the amount of$121,000.00 for consulting services in the design of future expansion areas
and interior renovations as part of the City Hall Space Study Project. Funding is available from
334-6112-519-31.30 (General Construction Fund/Engineering & Architectural).
S.E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of the funding
agreement with sub-recipient, The Center for Technology, Enterprise, and Development, in the
amount of $30,000.00. Funding is available from 118-1965-554-83.01 (Community
Development Fund/Other Grants & Aids).
S.F. GRANT AWARD WAIVER/STATE HOUSING INITIATIVES
PARTNERSHIP PROGRAM (SHIP): Approve a one time waiver of the maximum $8,000.00
grant award established for the disaster relief strategy under the City's Local Housing Assistance
Plan; and approve a payment of$8,750.00 to the Henry Cooper household.
S.G. RESOLUTION NO. 13-06: Approve Resolution No. 13-06 opposing the
removal of local cable franchise authority, which would preempt the City's authority over cable
and video services; abrogate the franchise agreement with Adelphia; lower the City's revenue for
cable services; reduce the City's public, educational, and government (PEG) capacity, and the
City would lose the capital grant from Adelphia.
The caption of Resolution No. 13-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, URGING CONGRESS, THE
FLORIDA LEGISLATURE AND THE GOVERNOR TO
ENSURE LOCAL GOVERNMENT AUTHORITY TO REQUIRE
LOCAL FRANCHISES FOR THE PROVISION OF VIDEO
SERVICES WITHIN ITS JURISDICTION, TO PROTECT
EXISTING CABLE FRANCHISES AND LOCAL
GOVERNMENT FRANCHISING AUTHORITY, AND TO
PROTECT LOCAL GOVERNMENTS' AUTHORITY TO
PROVIDE COMMUNICATIONS SERVICES, AND DIRECTING
THAT THIS RESOLUTION BE FORWARDED TO
APPROPRIATE MEMBERS OF CONGRESS AND THE
FLORIDA LEGISLATURE, THE GOVERNOR OF FLORIDA,
THE NATIONAL LEAGUE OF CITIES, AND THE FLORIDA
LEAGUE OF CITIES; PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 13-06 is on file in the City Clerk's office.)
S.H. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS
ITEM 9.A.1.
S.I. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
- 3 -
03/06/06
8.J. HOLD HARMLESS AGREEMENT/STRUCTURES IN RIGHT-OF-WAY:
Approve and accept a hold harmless agreement between the City and Samuel L. Hagan, Jonathan
A. Fuchs, and Christina Hagan to allow a fence to be placed in the alley right-of-way.
8.1(. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/
RESOLUTION NO. 14-06/HURRICANE WILMA: Approve a Joint Participation Agreement
(JP A) with the Florida Department of Transportation (FDOT) for funding in an amount up to
$287,440.59 for the City's removal of debris and police maintenance of traffic along roads
classified by the Federal Highway Administration to be damaged by Hurricane Wilma; and
approve Resolution No. 14-06.
8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period February
21,2006 through March 3, 2006.
8.M. AWARD OF BIDS AND CONTRACTS:
1:. Purchase award to Taylor Data Systems, Inc. in the amount of $26,074.95
for the purchase of five (5) additional in-vehicle Mobile Data Terminals
with software and wireless service for the Fire-Rescue Department.
Funding is available from 334-6111-522-64.11 (General Construction
Fund/Computer Equipment).
2. Various bid awards in the amount of $625,555.00 via the Florida Sheriffs'
Association Contract #04-12-0823 Rollover, State of Florida Contract
#007-001-05-1, GSA Contract GS-30F-1029D, and the Florida State
D.O.T. Contract #FVPP-05-CA-5 for the replacement of City vehicles.
Funding is available from 501-3312-591-64.20 (Central Garage
Fund/Automotive).
3. Contract award to Hardrives, Inc. in an amount not to exceed $60,000.00
for the excavation, hauling, and disposal of excess lime sludge from the
sludge overflow lagoon at the Water Treatment Plant. Funding is
available from 442-5178-536-46.90 (Water/Sewer Renewal &
Replacement Fund/Other Repair & Maintenance).
Mrs. Ellis moved to approve the Consent Agenda as amended, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mrs. Archer - Yes. Said motion passed with a 3 to 0 vote.
9.
REGULAR AGENDA:
9.A.1. REOUEST FOR PROPOSALIMULTI SPACE METERS: Approve the
Request for Proposal for the purchase, installation, and maintenance of multi space meters as
advertised.
Scott Aronson, Parking Management Specialist, stated at the January 10, 2006
City Commission Workshop meeting staff did a presentation with regard to multi space meters.
-4-
03/06/06
Direction of the City Commission was to proceed with the advertising of a Request for Proposal
(RFP) to utilize pay and display technology, payment options to be with credit card, coin, smart
cards, debit cards, and phone payments. The item has been moved from the Consent Agenda to
the Regular Agenda because the Police Department would like to emphasize some of their
concerns with the pay and display technology and challenges that they oppose to the Parking
Enforcement Specialist.
Larry Schroeder, Police Chief, stated he would like the Commission to hear some
of their concerns from Phil Goldstein, Parking Enforcement Specialist.
Phil Goldstein, Parking Enforcement Specialist (volunteer) for approximately 12
years, stated the City recently issued a Request for Proposal (RFP) for the new parking meter
system. The RFP calls for pay and display features which would mean that a citizen would
received a receipt for their payment and then place it on their dashboard. Mr. Goldstein urged
the Commission to not support this proposal and stated the succes.s of the volunteer program for
parking enforcement is because it is made up of senior citizens who volunteer their services free
of charge and feels the City needs to consider the impact on these volunteers as part of any
decision to replace the current meters implementing a change to the proposed master meter
system which requires receipt on the dashboard. This new system would require the volunteers
to essentially walk the entire north and south of South Ocean Boulevard and cannot ride because
every dashboard would need to be checked. Mr. Goldstein stated the impact of the change to the
tourists when they park and a meter is located at the space, they automatically feed the meter
because the meter is there. If they park in a space that has no meter they become confused. Mr.
Goldstein suggested that the City install single digital head meters in all spaces and briefly
discussed the costs. Mr. Goldstein stated this system will be cheaper to install and is shown to be
less expensive to maintain.
Chief Schroeder suggested that the Commission amend the current RFP and
include the proposals to be accepted which would included replacing all the single head meters
with the new digital single head meters as proposed.
Mrs. Archer stated she would like know what staffs recommendation is on this.
In response, Mr. Aronson stated staff has a concern for the parking enforcement specialist and
the encumbrances that it places for them to check each vehicle. From a safety standpoint,
making sure that the meters on A-I-A advise the customers to place them on the passenger-side
dashboard to keep them off of A-I-A as a main safety concern of oncoming traffic. From a cost
perspective, Mr. Aronson stated there is significant savings and the electronic single head meters
are limited to coin and smartcard only. Staff could do a successful smartcard program on
Atlantic Avenue and by the diagonal spaces in the CBD area of the beach; however, between
Thomas Street and Casuarina Road there would need to be smartcard kiosks because there is no
place for them to go and buy the smartcard. Mr. Aronson stated the cost of the smartcard is
$3.75 for rechargeable smartcards (almost four hours of parking before recouping the cost of the
card).
Mrs. Archer asked ifit would be easier for the volunteer staffto handle if we did a
pay by space instead of pay and receipt. In response, Mr. Aronson stated he would have to check
- 5 -
03/06/06
that the technology would not show the time left on the space and this could be written as an
addendum into the RFP and noted that this would be a substantial change to the RFP.
Brief discussion followed by the Commission with regard to taking a look at
proposals of the single head meters as opposed to the multi-head; and, weigh the difference in
what the costs are.
It was the consensus of the Commission to amend the Request for Proposal (RFP)
and obtain information on the full scope of options so that staff can evaluate and work with Chief
Schroeder to figure out the balance, cost, and personnel concerns, etc.
Martin Tenser, Parking Enforcement Specialist (volunteer), commented about the
complaints from the public regarding parking. Mr. Tenser stated he does support this proposal.
9.A. NATIONAL INDOOR FOOTBALL LEAGUE/TENNIS CENTER: Provide
direction and authorize staff to finalize a contract with Image Sports Management, Inc., a
member of the National Indoor Football League, for use of the Tennis Stadium and other
facilities, including parking lots, for the Palm Beach Phantoms.
Robert A. Barcinski, Assistant City Manager, stated staff is seeking direction and
authorize staff to finalize a contract with Image Sports Management, Inc. for the National Indoor
Football League Team (The Phantoms) for the use of the Tennis Stadium and other facilities
including parking lots.
Mike Lind, Team Owner Image Sports Management, Inc., came forward and
introduced members of the Palm Beach Phantoms and thanked Brahm Dubin and Sharon Painter
for their support.
Ray Berger, Head Coach, stated he moved here from Cleveland, Ohio and started
his teaching and coaching career at Atlantic High School in 1988. Coach Berger stated he is
very happy that they were able to get this venue at the Delray Beach Tennis Stadium and noted
there are outstanding players on this team who played for Atlantic High School (ARS) and
Florida Atlantic University (F AU) and those that have gone on to play for major universities
around the country and some even having an opportunity in the National Football League (NFL).
He thanked Mike Lind for giving him the opportunity to coach at a professional level and feels
everyone in the community as well as Palm Beach County is going to be very happy with this
team.
Mr. Lind stated this will be structured as a family zone/kid zone and noted they
will be doing special things for several charities throughout the community (i.e. Boys and Girls
Club, Make a Wish Foundation). Mr. Lind stated 95% of their players are from this area and
noted that each week the NFL receives game tapes of the players. In addition, Mr. Lind stated
there will be 14 lady phantoms some of which are former Miami Dolphin cheerleaders and the
only modifications to the stadium other than laying artificial turf which will not damage the
stadium (plastic will be laid below the artificial turf). There will be a few games televised
through the Sci-Fi channel and the NFL is negotiating next year full time television coverage.
- 6 -
03/06/06
Mr. Lind clarified that this league is not the Arena Football League.
Jim Grimmel, Executive Vice President of Team Potential for NIFL, stated his
background is marketing national radio and noted he is doing all the marketing for the Phantoms.
He stated they will be working with some local television stations next year and will have local
radio for home and away games. Mr. Grimmel stated they are very excited to be with Delray
Beach.
Mr. Lind stated the NIFL has given him permission to talk to the City of Delray
Beach about holding five consecutive pro-bowls here so they have an opportunity not just for the
Phantoms but also to bring in other teams throughout the United States. He stated there are 34
teams in the league; 25 of which are playing this year and the rest of them are new franchises for
next year. He stated the Phantoms will be exposed as far as Texas, Ohio, and North Carolina and
thanked the Commission for allowing them this opportunity.
Mr. Levinson stated the estimated attendance is between 5,000-8,000 people. Mr.
Levinson asked what some of the other teams are doing with regard to attendance. In response,
Mr. Lind stated some of the arenas are smaller seating approximately 3,000-4,000; however,
there is a team in South Dakota that gets up to 23,000 people in attendance. Mr. Lind stated they
will have a procedure that if they do not sell so many tickets by the Wednesday before game day
there will be some allocated to charities, etc. and stated they will fill the stands.
Mrs. Ellis stated this is not the standard size field that they normally play on and
asked how much of difference is there. In response, Mr. Lind stated there is a total of ten feet
that is in question but this has been approved by the NIFL. He stated the NIFL has a 10% rule
which states you cannot go over or below that and noted they are within regulations. Mrs. Ellis
asked what kind of facilities the other teams play in. Mr. Lind stated they mainly play in
convention centers and indoor facilities. Mr. Lind stated although there is no roof on the stadium
the NIFL approved it this year for this be held at the Delray Beach Tennis Stadium.
Mr. Levinson moved to approve to finalize a contract with Image Sports
Management, Inc. a member of the National Indoor Football League (NIFL) for use of the
Tennis Stadium and other facilities, including parking lots, for the Palm Beach Phantoms,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes;
Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
9.B. CONDITIONAL USE REOUESTIDELRAY BEACH YACHT CLUB:
Consider a request to allow a new yacht club with facilities (Yacht Club at Delray Beach) by
allowing the demolition and reconstruction the current Delray Beach Yacht Club, located at 110
MacFarlane Drive, pursuant to Land Development Regulations (LDR) Sections 4.4.6(D)(9),
"Conditional Uses and Structures Allowed; Yacht Club with Facilities", and 2.4.5(E)(5),
"Conditional Use Required Findings". (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures for a
Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
- 7 -
03/06/06
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give
testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte communications.
Mr. Levinson stated he had no ex parte communications. Mayor Perlman stated he had a
meeting with several trustees of the Beach Property Owners' Association. Mrs. Ellis and Mrs.
Archer stated they had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department proj ect file #2006-062 into the record.
Mr. Dorling stated this proposal currently contains the existing two-story 4,890
square foot yacht club with dining facility, pool and outdoor snack bar. The yacht club was
constructed in 1963 and has had several accessory building and parking additions since that time.
The applicant is seeking a complete demolition of the existing Delray Beach Yacht Club which
will include a 3,610 square foot yacht clubhouse, and 44 boat slip docking spaces. The new
yacht club will contain a dock, master's office, social hall, exercise room, men's and women's
locker rooms/restrooms, sundeck and pool and will be part of a larger redevelopment of the site
which will include twenty (20) 3 bedroom, 3 bath residential condominiums in a 4-story building
along with 82 parking spaces and associated landscaping. Mr. Dorling stated each condominium
unit owner would have the option to purchase one of these slips. The remaining boat slips will
be available to the public with a yacht club membership. The required findings of the LDR's
Section 3.1.1, 2.4.5(E)(5) are made in the staffreport.
At its meeting of January 23,2006, the Planning and Zoning Board held a public
hearing in conjunction with the request. After discussing the proposal, the Board unanimously
voted 7-0 to recommend approval of the conditional use to establish the yacht club. This facility
does not exceed density or height and reiterated that this is for the use of a yacht club only and
the actual density of this project is 6.4 units to the acre.
Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 N. Swinton
Avenue, Delray Beach, speaking on behalf of Capex Properties, L.L.C., briefly discussed the
proj ect.
Mayor Perlman stated if anyone from the public would like to speak in favor or in
opposition of the conditional use request, to please come forward at this time.
Valerie Smith. 127 MacFarlane Drive. Delrav Beach. is strongly opposed to
the condominium being built and stated she is confused when stafftalks about a yacht club. She
stated she moved from Boca Raton to Delray Beach 4 12 years ago because MacFarlane Drive is
a charming quiet street with a great view of the Intracoastal. Mrs. Smith stated there are ten
single family homes that are all attached and noted it is not a condo and she owns her land. She
expressed concern over the sewers and feels this project will be a detriment to everyone. Mrs.
Smith stated during the construction huge trucks will be traveling down this narrow street and
she expressed concern over the vibration damage to her home (i.e. cracks to the foundation and
walls, etc.) and expressed concern over the traffic flow. Mrs. Smith reiterated that her concerns
- 8 -
03/06/06
are the increased traffic because of 20 additional people living there, streets, sewer systems, and
the damage to her home during the construction in addition to the noise, dirt, and change in the
lifestyle. She asked for clarification from staff regarding the condominium and the yacht club.
Mr. Weiner gave a brief rebuttal.
Mr. Dorling clarified that the item before the Commission tonight is for the use of
a yacht club. The 20 residential units are a permitted use and do not exceed and do not have any
issues with respect to density or height nor are they requesting any special permission for the
residential units themselves.
The City Attorney reviewed the Board Order with the Commission who made
findings according to their consensus (attached hereto is a copy and made an official part of the
minutes).
Mrs. Ellis moved to approve the Board Order, seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer
- Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:12 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 11-06 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to Land Development Regulations Section 2.4.4(E)(2), "Expiration of
Approvals; Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, Preliminary
Subdivision Plats", to clarify the timeframes for development approvals. If passed, a second
public hearing will be scheduled for March 21,2006.
The caption of Ordinance No. 11-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 2.4.4,
"GENERAL PROCEDURES PERTAINING TO APPROVAL
OF LAND USE AND DEVELOPMENT APPLICATIONS",
SUBSECTION 2.4.4(E), "EXPIRATION OF APPROVALS",
TO CLARIFY TIMEFRAMES FOR DEVELOPMENT
APPROVALS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 11-06 is on file in the City Clerk's office.)
- 9 -
03/06/06
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is an LDR amendment
to clarify initial approval periods for Site Plans, Conditional Use approvals, landscape plans,
architectural plans, and preliminary subdivision plats are valid for 24 months. If Class I, II, and
III site plan modifications or minor conditional use modifications are made to the approved plans
before they are considered established by LDR Section 2.4.4(D), the modification approvals do
not extend the expiration date of the original approval. The amendment also clarifies that if a
Class IV site plan modification or major conditional use modifications are made to the approved
plans before they are considered established the approval would modify the original approval
date an additional 24 months. The clarification is being recommended to address an applicant's
recent assertion that an intervening Class III site plan modification automatically extended a
Class V site plan approval that was nearing its expiration date. The Class III site plan
modification findings differ from those required of a Class V extension.
At its meeting of January 23, 2006, the Planning and Zoning Board held a public
hearing and recommended approval of the amendment with a vote of 7 to O.
Mayor Perlman declared the public hearing open. There being no one from the
public who wished to address the Commission regarding Ordinance No. 11-06, the public
hearing was closed.
Mr. Levinson moved to approve Ordinance No. 11-06 on First ReadinglFirst
Public Hearing, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs.
Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed
with a 4 to 0 vote.
10.B. ORDINANCE NO. 12-06: An ordinance amending Chapter 37, "Delray Beach
Code Enforcement", Section 37.45, "Supplemental Code Enforcement Procedures", of the Code
of Ordinances, to include enforcement by Law Enforcement Officers of all non-criminal City
ordinances. Prior to consideration of passage of this ordinance on Second and FINAL Reading,
a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 12-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 37,
"DELRA Y BEACH CODE ENFORCEMENT", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY
AMENDING SECTION 37.45, "SUPPLEMENTAL CODE
ENFORCEMENT PROCEDURES", TO EXPRESSLY INCLUDE
ENFORCEMENT BY LAW ENFORCEMENT OFFICERS OF
ALL NON-CRIMINAL CITY ORDINANCES; PROVIDING A
- 10-
03/06/06
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 12-06 is on file in the City Clerk's office.)
Mayor Perlman passed the gavel to Vice Mayor Levinson and left the dais.
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Catherine Kozol, Police Legal Advisor/Assistant City Attorney, stated this
ordinance is to amend the Code Enforcement procedures to allow law enforcement to actually
violate someone by a citation as opposed to an arrest procedure.
Vice Mayor Levinson declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 12-06, the public
hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 12-06 on Second and FINAL
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer
- Yes; Vice Mayor Levinson - Yes; Mrs. Ellis - Yes. Said motion passed with a 3 to 0 vote.
At this point, the Commission moved to Item H, Comments and Inquiries on
Non-Agenda Items from the City Manager and the Public.
H.A.
Citv Manal!er's response to prior public comments and inquiries.
The City Manager had no comments or inquiries on non-agenda items.
H.B. From the Public.
H.B.I. Alice Finst. 707 Place Tavant. Delrav Beach. representing Progressive
Residents of Delray (PROD), suggested that the city make some slight modifications in the
notices mailed to the public. One modification would be to do the notices in the prevailing
languages in Delray Beach or place a sentence on each document in the language of the cities'
residents in Delray Beach stating "For Information Call ..." Mrs. Finst stated this would make it
much clearer and be useful to all the residents of Delray Beach and their understanding of the
community's government.
At this point, the time being 7:19 p.m., the Commission moved to Item 12, First
Readings.
- 11 -
03/06/06
12.
FIRST READINGS:
12.A. ORDINANCE NO. 13-06: An ordinance amending Chapter 36, "Finance; City
Property Transactions", Section 36.01, "Compliance with Standard Practice Instructions", of the
Code of Ordinances, to provide that personal services contracts are exempt from the
requirements of Chapter 36. If passed, a public hearing will be held on March 21, 2006.
The caption of the Ordinance No. 13-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 36,
"FINANCE; CITY PROPERTY TRANSACTIONS", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH,
BY AMENDING SECTION 36.01, "COMPLIANCE WITH
STANDARD PRACTICE INSTRUCTIONS", TO PROVIDE
THAT PERSONAL SERVICES CONTRACTS ARE EXEMPT
FROM THE REQUIREMENTS ON CHAPTER 36; PROVIDING
A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 13-06 is on file in the City Clerk's office.)
At this point, Vice Mayor Levinson passed the gavel back to Mayor Perlman who
returned to the dais.
The City Attorney read the caption ofthe ordinance.
Mr. Levinson moved to approve Ordinance No. 13-06 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to
o vote.
At this point, the Commission moved back to Item 9.C. of the Regular Agenda.
9.C. WAIVER REQUESTS/CODA PROPERTY: Consider a request for waiver of
Land Development Regulations (LDR) Section 4.4. 17(H)(1 ), "Residential Office (RO) district;
Special Regulations", and Section 4.6.9(D)(3)(c), "Design Standards; Stacking distance"
associated with the Class V site plan for the CODA (fka Lighthouse) project, located at the
southwest comer of S.W. I st Street and S.W. 1st Avenue. (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give
testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte communications.
Mr. Levinson stated he had a brief conversation with Jeff Costello. Mayor Perlman stated he
never returned Jeff Costello's telephone call today and apologized for not returning the call.
Mrs. Ellis stated she spoke with Jeff Costello and Mrs. Archer stated she also had a telephone
- 12 -
03/06/06
conversation with Jeff Costello.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2005-236 into the record.
Mr. Dorling stated on February 22, 2006, the Site Plan Review and Appearance
Board approved the Class V development proposal to construct a 3-story mixed-use building that
contains 19,448 square feet of office floor area in the first and second floors and four 2-bedroom
loft units together with 36 standalone townhouse units. He stated there are two waivers before
the Commission this evening. One waiver relates to a 50 feet stacking distance between the
right-of-way and the first parking space or aisle way in a parking lot. The other waiver talks
about a requirement that all buildings and structures shall appear to be residential in character
regardless of the actual use therein. Mr. Dorling stated LDR Section 2.2.3 the Site Plan Review
and Appearance Board (SPRAB) is only given the authority to grant relief for the number of
parking spaces in Section 4.6.9 as well as granting relief to Section 4.6.16 which is the landscape
code. There is a stacking distance of 33 feet and 32 feet provided at both entrances and staff is
supporting the waiver given the multiple entrances and the uses having different peak hours and
staff does not believe there will be a stacking issue at the two driveways. Mr. Dorling stated the
second waiver relates to the requirement of LDR Section 4.4.17(H)(1) which requires that all
buildings and structures in the RO District shall appear to be residential in character. Mr.
Dorling stated the architectural style of the mixed-use building is more appropriate if it were a
similar to the Sundy House or Bermuda Style. Staff feels this is clearly not residential in
character and do not recommend approval of the waiver.
Jeff Costello, New Urban Communities, 398 N.E. 6th Avenue, Delray Beach,
stated this is located on the south side of S.W. 1st Street between S.W. 1st Avenue and S.W. 2nd
Avenue immediately south of the South County Parking Garage. The north portion of the
property has been rezoned to RO (Residential Office) in anticipation of this proposed mixed use
development. Mr. Costello stated they appeared before the Site Plan Review and Appearance
Board (SPRAB) in January and the Board had some concerns with regard to the layout and the
mixed use elevations and noted these concerns have been addressed. Mr. Costello stated there is
now plenty of stacking distance and the landscape buffers has been increased along the north
side of the townhomes (the parking lot was shifted to the north to accommodate this) and they
also increased the building separation along 2nd Avenue and 1 st Avenue. SPRAB wanted to see
the relationship with the mixed use building with the townhomes. Mr. Costello stated this is a
redevelopment project that is now occurring at S.W. 1st Street and it is a pioneering effort and
commented it is great to see things starting to happen in this neighborhood. He stated in LDR
Section 4.6.18(B) there is extensive criteria and referenced LDR Section 4.6.18(B)(l) and feels
they have met the requirements in the LDR's. SPRAB considered these two waivers and
recommended approval.
Juan Caycedo, 137 W. Royal Palm Beach Road, Boca Raton, FL 33432,
Architect for the project, stated when the building was designed they felt very strongly about the
idea of respecting the character and the scale of the surrounding areas and the building that is
being proposed carries the scale, elements, and the articulation on the facades to make it
comfortable for pedestrians.
- 13-
03/06/06
Mayor Perlman stated if anyone from the public would like to speak in favor or in
opposition of the waiver requests, to please come forward at this time.
At this point, the City Clerk swore in the following individual:
Alice Finst. 707 Place Tavant. Delrav Beach. asked the Commission to review
the building elevations and stated at the end of the courtyard where the residential units is an
ultra modem building and feels there is no continuity when going through the courtyard with this
structure which is part of this site plan. She urged the Commission to look at whether we are
looking at two different architectural designs, buildings/projects or if we are dealing with one
piece of land with the continuity of construction. Mrs. Finst stated for the people who will be
living in the residential unit there should be something that fits in more with their buildings.
Mr. Costello gave a brief rebuttal.
Tim Hernandez, New Urban Communities, 398 N.E. 6th Avenue, Delray Beach,
briefly discussed contemporary architecture and the City's code.
Mr. Dorling stated this property was zoned residential and was rezoned to a
Residential Office District (RO). He emphasized that this architecture and this elevation is not
residential and staff does not support.
Brief discussion by the Commission followed.
The City Attorney reviewed the Board Order with the Commission who made
findings according to their consensus (attached hereto is a copy and made an official part of the
minutes).
Mr. Levinson moved to approve the Board Order as amended, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
9.D. CONDITIONAL USE REQUEST/MAROONE FORD: Consider a request to
establish a parking and storage lot for vehicles within the MIC (Mixed Industrial and
Commercial) district for Maroone Ford, located on the west side of Wallace Drive, between
Georgia Street and Milfred Street. (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give
testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte communications.
The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning Department, entered the Planning
and Zoning Department project file #2006-125 into the record.
Mr. Dorling stated this is a 1.923 acre parcel located off Wallace Drive. The
proposal IS for the construction of a 246 space parking and storage lot to be utilized in
- 14-
03/06/06
association with the Maroone Ford car dealership to the south and east. The parcel will serve as
an overflow bullpen parking lot for the existing dealership for its new and used dealer stock.
Outdoor storage of new and used vehicles is allowed as a conditional use within the MIC (Mixed
Industrial and Commercial) Zone District. Mr. Dorling stated the required findings of Chapter 3
and 2.4.5(E) are made in the staff report.
At its meeting of February 27,2006, the Planning and Zoning Board held a public
hearing on this request and the Board voted 7-0 to recommend approval.
At this point, Mr. Dorling displayed the site plan ("Bullpen" parking
configuration) .
Enrique Gomez, ARC Avenue, Inc. Architects, stated he is present this evening if
the Commission has any questions.
Mrs. Archer stated as a parking lot this looks really great; however, she feels as
though the car dealership is taking over Delray because it keeps growing. She suggested that this
area be redeveloped.
Mr. Levinson commented about recommended condition #6 - "Materials and
equipment stored outside must be screened from view from adjacent public rights-of-way in a
manner approved by the Site Plan Review and Appearance Board (SPRAB)." Mr. Levinson
asked Mr. Gomez what materials and equipment are intended to be stored here other than cars.
In response, Mr. Gomez stated it is just going to be for car inventory.
Mr. Levinson stated across the street from this is a good size parking lot used by
the Chevrolet dealer so there is quite a bit of acreage going north on Wallace Drive behind these
two car dealers with a lot of car inventory. He asked staff if there are provisions for providing
structured parking. In response, Mr. Dorling stated there is actually a site plan modification for
the parcel across the street that does involve some structured parking above their service bays.
Mrs. Archer asked if this will be above existing service bays. In response, Mr.
Dorling stated this will be a new building with an upper level of parking for inventory.
Mr. Ellis moved to approve the Board Order approving the conditional use
adopting all the findings in the Planning and Zoning staff report as to consistency, concurrency,
etc. and the appropriate findings as set forth in Section 2.4.5(E) and 4.4.19(D) subject to
conditions as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mayor Perlman - No; Mrs. Ellis - Yes; Mrs. Archer - No; Mr. Levinson - Yes.
Brief discussion continued between the Commission and Mr. Gomez.
The City Attorney suggested that the Commission make a substitute motion or
postpone this item until the entire Commission is present.
- 15 -
03/06/06
Mr. Levinson moved to approve to postpone the conditional use request for
Maroone Ford to the March 21, 2006 City Commission meeting, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Mayor Perlman - Yes. Said motion to postpone passed with a 4 to 0 vote.
9.E. CONDITIONAL USE REQUEST/14TH AVENUE TOWNHOMES: Consider
a request to allow a density in excess of 12 units per acre (12.4 dwelling units per acre proposed)
in the Southwest Area Neighborhood Overlay District in accordance with the provision of the
City's FamilylWorkforce Housing Ordinance, for 14th Avenue Townhomes, a proposed 24-unit
townhome residential development, located on the east side of S.W. 14th Avenue, between S.W.
1 st Street and S.W. 2nd Street. (Quasi Judicial Hearing)
Mayor Perlman declared a conflict of interest, passed the gavel to Vice Mayor
Levinson and stepped down from the dais.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give
testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte communications.
Mrs. Ellis and Mrs. Archer had no ex parte communications to disclose. Vice Mayor Levinson
stated he has had some communications with the Community Redevelopment Agency (CRA)
staff, Joe Gray and Diane Colonna because this is will be a Communities Land Trust (CLT)
property.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department proj ect file #2006-104 into the record.
Mr. Dorling stated this is a conditional use to establish a 24-unit townhouse
residential development to be known as 14th Avenue Townhomes. The development proposal
consists of demolition of six (6) existing duplex structures (12 units; the construction of 24-unit
workforce housing residential townhomes with two car garages, 12 parallel parking spaces along
S.W. 14th Avenue, and the associated landscaping. The requested density exceeds 12 units per
acre (12.40 duJac is proposed) and under the workforce housing ordinance this is required to go
through a conditional use. The Workforce Housing density bonus program would award for the
increased density and would have to provide one unit as a workforce unit.
At its meeting of February 27,2006, the Planning and Zoning Board held a public
hearing in conjunction with the conditional use request. One member of the public spoke and
expressed concerns on how the proposed on street parking would affect the current street
configuration. After brief discussion, the Board moved to recommend approval of the
conditional use request (allowing a density of 12.40 duJac) on a unanimous vote of 7 to 0, by
adopting the findings of fact and law contained in the staff report.
Francisco Perez-Azua, Architect with Perez Design, Inc., 4205 W. Atlantic
Avenue, #304, Delray Beach, for the project, stated this is a great project for the community and
is present to answer any questions the Commission may have.
- 16 -
03/06/06
Vice Mayor Levinson stated if anyone from the public would like to speak in
favor or in opposition of the conditional use request, to please come forward at this time. There
being no one from the public who wished to address the Commission, the public hearing was
closed.
The City Attorney reviewed the Board Order with the Commission who made
findings according to their consensus (attached hereto is a copy and made an official part of the
minutes).
Mrs. Archer moved to approve the Board Order (approving the conditional use
request), seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer
- Yes; Mr. Levinson - Yes; Mrs. Ellis - Yes. Said motion passed with a 3 to 0 vote.
9.F. AGREEMENT/CGI COMMUNICATIONS. INC.: Consider approval of an
agreement with CGI Communications, Inc. to provide an online community video program for
the City.
At this point, Mayor Perlman returned to the dais.
Douglas Smith, Assistant City Manager, stated at a previous City Commission
meeting staff discussed two proposals; CGI being the original proposal that has worked in
partnership with the Florida League of Cities and the second proposal from Scripted Improv
Media, Inc. Mr. Smith stated since that meeting, staff has obtained additional proposals. One
proposal is from CoMatrix (a local company) in the amount of $22,500 and another proposal
from Dorsia in the amount of $14,900 and they have agreed to lower the proposal by $3,000 if
the City were to make a decision fairly quickly. Mr. Smith stated that Dorsia uses a mapping
technology and displays a list of cities that one can click on and see a video of that particular
city. However, he expressed concern that Dorsia is still under development. Mr. Smith stated
the CGI proposal has no charge but does have the business sponsorship as part of the agreement.
Staff has been working with the City Attorney's on putting together a new agreement and has
worked with CGI regarding the termination of the agreement so that it could be with or without
cause. CGI was not willing to accept this but did agree to the language "termination for cause
only". He stated the City would approve the content of the video and agree to allow them to use
the City's name in the program (upon the City's approval which can be revoked).
Mr. Smith stated with the CGI program the City would receive an additional five
minutes per month that they will stream additional videos that the City creates in-house. In
addition, he stated some of the other sites were researched (where there were no business
sponsors) and apparently these would be the ones that are still in the development stages of
obtaining their business sponsors. There are no communities that have paid for this outright and
the production cost is approximately $21,000.
Mr. Levinson stated he is less concerned about bad sponsors then he is with a
competitive situation with sponsors. He suggested that this be opened to a broader amount of
people in the community and if the City is going to use it as a way to pay for the video then he
feels it should be made available to any business in the city.
- 17 -
03/06/06
Mr. Smith stated there is a limited amount around each panel; however, you can
have different businesses on different video screens.
Brief discussion by the Commission followed.
The City Attorney stated they have exclusive streaming video rights during the
term of the agreement for videos they create.
The Commission will speak to Michael Sittig, Executive Director of the Florida
League of Cities, Inc. and hold off another week or so.
9.G. SPECIAL EVENT REQUESTIDELRAY AFFAIR: Consider approval of a
special event request from the Chamber of Commerce to endorse the 44th Delray Affair to be
held on April 21-23, 2006; contingent upon the staff recommended exceptions, receipt of a
certificate of general liability insurance, liquor liability insurance, and a hold harmless
agreement.
Robert A. Barcinski, Assistant City Manager, stated this is a request for the
Commission to endorse the 44th Annual Delray Affair being held April 21-23, 2006 to grant a
temporary use permit for use of the City property and rights-of-way as requested, allow signage
to be installed more than one week prior to the event, to provide staff support as outlined in
staffs memo. Mr. Barcinski stated staff supports the request from the Chamber of Commerce
except for the following conditions: (I) approve use of parks with the stipulation that the Parks
and Recreation Director has input concerning the events proposed on park property; (2) allow
banners to be placed within confines of the event site as may be approved by the Community
Improvement Director; (3) allow signage for the event to be put up no earlier than April 7, 2006
instead of March 27,2006; approve the use of the Old School Square parking lot except for the
area that will be reserved for the parking garage construction site.
Prior to the vote, Mr. Levinson inquired about the costs for the Fire Chief to have
a Station on the south. Mr. Barcinski stated this will include a full-time inspector on-site for all
three days.
Mrs. Archer moved to approve the special event request from the Chamber of
Commerce to endorse the 44th Delray Affair to be held on April 21-23, 2006, subject to the
conditions, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion
passed with a 4 to 0 vote.
9.H. SPECIAL EVENT ASSISTANCE REQUEST/PALM BEACH
INTERNATIONAL FILM FESTIVAL: Consider approval of request from the Palm Beach
International Film Festival to prepare and put up event signage, hang 30 banners on our
decorative light poles, and allow the use of seven (7) metered parking spaces on A-I-A, across
from the Marriott, at no charge.
Robert A. Barcinski, Assistant City Manager, stated this is a request from Palm
Beach International Film Festival to put up welcome signs, to hang 30 banners on the City's
- 18 -
03/06/06
decorative light poles and to allow the use of seven (7) metered parking spaces on A-I-A across
from the Marriott at no charge.
Mr. Levinson moved to approve the Special Event Assistance Request from the
Palm Beach International Film Festival, seconded by Mrs. Ellis. Upon roll call the Commission
voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson-
Yes. Said motion passed with a 4 to 0 vote.
9.1. SPECIAL EVENT SIGNAGE REQUESTIWAYSIDE HOUSE: Consider
approval of a request from the Wayside House to allow the placement of five (5) event signs for
the Spring Boutique fundraiser to be held March 7-9, 2006 at the Colony Hotel. Staff
recommends denial.
Robert A. Barcinski, Assistant City Manager, stated this is a request from the
Wayside House to allow them to put up five (5) event signs for their Spring Boutique fundraiser
to be held March 7-9, 2006 at the Colony Hotel. Staff recommends denial of the request. Jill
Reece, Executive Director of Wayside House, has requested Commission consideration of the
request. If Commission decides to approve this request, staff suggests that it be for only 4 feet x
4 feet signs to be placed at the regular event sign locations.
Mrs. Ellis moved to approve the Special Event Request for the Wayside House to
allow placement of five (5) event signs for the Spring Boutique to be held March 7-9, 2006 at the
Colony Hotel, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mayor Perlman - No; Mrs. Ellis - No; Mrs. Archer - Yes; Mr. Levinson - No. Said motion was
DENIED with a 3 to I vote, Commissioner Archer dissenting.
9.J. MORATORIUMlDEVELOPMENT PROPOSALSIHISTORIC DISTRICTS:
Consider a six (6) month moratorium on the demolition and large scale construction in the
historic districts.
Paul Dorling, Director of Planning and Zoning, stated recently there have been
several large homes that have been proposed along Swinton Avenue; four of those homes were
in conjunction with a subdivision that was recently approved (reduction of six lots to four).
Throughout that process the related Boards did emphasize that the resulting structures needed to
be of a neighborhood scale, style and massing which is consistent with the neighborhood. Mr.
Dorling urged the Commission to approve a 6 month moratorium achieving this through
maximum lot coverage, floor area ratios and requiring additional open space or adding additional
requirements for setbacks on second floors similar to the Beach Overlay District.
Mrs. Archer in general she would be opposed to a moratorium; however, she feels
the historic district is part of what makes Delray special and stated it is very upsetting to see what
is happening in the historic district. Mrs. Archer stated in this instance she would definitely
support the six month moratorium.
Mrs. Archer moved to approve a six (6) month moratorium on the demolition and
large scale construction in the historic districts, seconded by Mrs. Ellis. Upon roll call the
- 19-
03/06/06
Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr.
Levinson - No. Said motion passed with a 3 to 1 vote, Commissioner Levinson dissenting.
Prior to the vote, the City Attorney stated the ordinance will have to be sent to the
Planning and Zoning Department and it will come back for two readings so this is direction to go
forward with the moratorium and to clarify that the LDR's do give the Historic Preservation
Board the ability to determine capability and architectural size and scale. However, the City
Attorney stated staff can look at this for more definitive regulations as well.
Brief discussion by the Commission and the City Attorney followed.
Mayor Perlman stated he dislikes moratoriums; however, he feels the advantages
is not having to have a spade of these come through the Historic Preservation Board (HPB) and
feels there is an advantage in this limited instance.
Mr. Levinson stated he will not support the moratorium and does not feel the City
will gain anything by imposing a moratorium if in fact there is no difference between the process
of getting staff to review.
Mrs. Ellis stated she supports the moratorium.
9.1(. U.S. CONFERENCE OF MAYORS: Supporting CDBG Program.
Mayor Perlman stated this is a request from the United States Conference of
Mayors to call and urge our Senators to co-sign a letter from Senator Norm Coleman of
Minnesota and Patrick Leahy of Vermont to fight cuts in the CDBG Program. Mayor Perlman
stated the first step would be to call the Senators and urge them to sign the "Dear Colleague"
letter supporting the $4.3 billion for CDBG in the fiscal year 2007 budget.
It was the consensus of the Commission to call Senators urging them to sign the
"Dear Colleague" letter and that staff also write a letter.
Mrs. Butler, Director of Community Improvement, stated the professional
organization for the Community Development community is lobbying also.
At this point, the Commission moved to Item 13, Comments and Inquiries on
Non-Agenda Items.
13.
13.A.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
City Manae:er
The City Manager expressed concern over the demolition of historic homes and
disclosed that he lives across the street from the Del-Ida Park Historic District. He stated he has
a great interest in historic preservation. He noted that the home he previously lived in was
placed on the National Register of Historic Places and the home he lives in now is a 1926
- 20-
03/06/06
Mediterranean Revival. The City Manager stated he does have a personal interest as well as a
professional interest in this.
Secondly, he informed the Commission that City Clerk Chevelle D. Nubin has
earned the designation of Certified Municipal Clerk (CMC) as well as Deputy City Clerk Janet
K. Whipple.
Lastly, the City Manager stated the Commission should have received the
invitations to the Board Appreciation Reception.
13.B. City Attornev
The City Attorney commented on the Auburn Trace closing and stated they will
be closing shortly.
13.C.
13.C.t.
City Commission
Mrs. Archer
Mrs. Archer commented about the Roast on March 3,2006 and stated it was very
nIce.
Secondly, she stated it was very nice to have the opportunity to pitch a baseball on
Opening Day.
13.C.2.
Mrs. Ellis
Mrs. Ellis stated she had a good time at the Roast.
In addition, she stated it is important to take a look at the historic neighborhoods.
13.C.3.
Mr. Levinson
Mr. Levinson stated the Swinton Avenue beautification looks good.
Secondly, he stated there were approximately 50-60 people in attendance at the
CLT meeting and many of them want to be applicants in the first pool for CLT homes.
He commented about Palm Beach County days in Tallahassee.
Mr. Levinson stated there are certain "bottlenecks" in the system in Building
Department and Planning and Zoning Department that we need to expedite. He suggested that
we utilize some of the surplus to help expedite some of these things so that the level of top
quality city services is maintained.
- 21 -
03/06/06
13.C.4.
Mavor Perlman
Mayor Perlman stated the group from Punta Gorda was here on Friday which was
exciting. He stated they put together a group called "Team Punta Gorda" and they raised
$200,000 and hired Jaime Correa who also worked on the City's Design Guidelines. He stated
the Vice Mayor from Punta Gorda was here and came to one of the panels that featured Delray
Beach. Mayor Perlman stated they invited the Commission to visit in the spring so that they
could meet more people.
Secondly, Mayor Perlman stated he was invited to speak at the Winter Art
Institute hosted by the University of Massachusetts which was held in Palm Beach Gardens. He
stated they talked about how Delray Beach built off of historic preservation and arts and culture
particularly around Old School Square and how the Spady Museum is fueling the revitalization
of 5th Avenue. He stated this was great exposure and a worthwhile event. In addition, he stated
he was invited to speak at the New Jersey Tourism Board in April in Atlantic City regarding
Downtown Revitalization.
He stated the Roast was very good.
Mayor Perlman commented about the newspaper article regarding the one year
anniversary of the Jerrod Miller shooting and they did an overview of where Delray Beach is in
the R.A.C.E. Relations initiative. He stated the article did not capture what is really happening
in the city especially in that area of endeavor. Mayor Perlman stated the City of Delray Beach
has made significant process. He stated in one year the city formed a Police Advisory Board, did
a survey of the community, and has a commitment from the Community Redevelopment Agency
(CRA) to invest $40 million over the last three years on top of the millions that have been
committed. He stated the City of Delray Beach is not using eminent domain and commented
about the study circles. He stated Delray Beach is also doing workforce planning which is going
to have a big impact on diversifying the workforce. He stated with the housing initiatives that
are being done with the CDC's, and the efforts of Dorothy Ellington and Joe Gray, he challenges
the reporter to go out and tell the story. Mayor Perlman stated he is very proud of how far the
City of Delray Beach has come and he thinks there is a very bright future.
Mayor Perlman stated former Mayors David Schmidt, Jay Alperin, and Tom
Lynch stopped by City Hall today and they were very upset over the campaign literature being
sent out that is misrepresenting the growth and development in Delray Beach. Mayor Perlman
stated he will continue to correct the record and expressed concern over the Burt Harris Act. He
asked the City Attorney to look into this and give the Commission some guidance on this
particularly since Treasure Coast is coming back.
Lastly, he stated he was at Opening Day for the National Little League and
encouraged everyone to talk to Woody. Mayor Perlman expressed concern over some safety
issues and would like to make sure the kids do not get hurt.
There being no further business, Mayor Perlman declared the meeting adjourned
at 9:23 p.m.
- 22-
03/06/06
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on March 6, 2006,
which Minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they are not
the official Minutes of the City Commission. They will become the official Minutes only after
review and approval which may involve some amendments, additions or deletions as set forth
above.
- 23 -
03/06/06
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR DELRAY BEACH YACHT CLUB
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
March 6, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Delray
Beach Yacht Club, LLC. All of the evidence is a part of the record in this case.
Required findings are made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Future land Use Map: The subject property has a Future Land Use
Map designation of MD and is zoned RM which is consistent with the future land use
map.
b. Concurrency: Objective B-2 of the Land Use Element of the
Comprehensive Plan requires a determination that the public facility needs of the
requested land use and/or development application will not exceed the ability of the City
to fund and provide, or needed capital improvements in the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes 4
No
o
c. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
Yes
4
No
o
II. lOR REQUIREMENTS:
rfem q.8.
<-
a. LOR Section 2.4.5(E) Reauired Findinas: (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Nor that it will hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes 0 No 4
3. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the conditional use request was submitted and
finds that the determinations made herein are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses to the extent they support the findings set forth herein.
5. Based on the entire record before it, the City Commission approves
X denies _ the conditional use request, subject to the conditions contained in
the staff report on page 8 and hereby adopts this Order this G ~ay of March, 2006,
by a vote of 4
in favor and 0
OP?e&2
... - ~~. 2:1Q~
~ Jeff Perlman, Mayor
ATTEST:
~~.~)
Chevelle Nubin
City Clerk
2
\
LOR Section 4.4.6(1)
(I) Performance Standards:
(1) These standards shall apply to all site plans approved subsequent
to October 7, 1997, and for modifications to existing developments which involve the
creation of additional residential units.
In order to increase a project density beyond six (6) units per acre,
the approving body must make a finding that the development substantially complies
with the performance standards listed in this section. The intent of the standards is to
mitigate the impacts of the additional density both internal and external to the site. The
extent to which a project meets the standards will determine the number of units per
acre that will be permitted. For example, if a project meets or exceeds all of the
standards, and is otherwise consistent with applicable standards and policies of the
City's Comprehensive Plan and Land Development Regulations, the maximum density
is permitted. Projects which only partially achieve these standards will be permitted a
correspondingly lower density. The performance standards are as follows:
(a) The traffic circulation system is designed to control speed and reduce
volumes on the interior and exterior street network. This can be
accomplished through the use of traffic calming devices; street
networks consisting of loops and short segments; multiple entrances
and exists into the development; and similar measures that are
intended to minimize through traffic and keep speeds within the
development at or below 20 m.p.h.
(b) Buildings are placed throughout the development in a manner that
reduces the overall massing, and provides a feeling of open space.
(c) Where immediately adjacent to residential zoning districts having a
lower density, building setbacks and landscape materials along those
adjacent property lines are increased beyond the required minimums in
order to provide a meaningful buffer to those lower density areas.
Building setbacks are increased by at least 25% of the required
minimum; at least one tree per 30 linear feet (or fraction thereof) is
provided; trees exceed the required height at time of planting by 25%_or
more; and a hedge, wall or fence is provided as a visual buffer between
the properties.
(d) The development offers a varied streetscape and building design. For
example, setbacks are staggered and offset, with varying roof heights
(for multi-family buildings, the planes of the facades are offset to add
interest and distinguish individual units). Building elevations
incorporate diversity in window and door shapes and locations; features
3
~
such as balconies, arches, porches, courtyards; and design elements
such as shutters, window mullions, quoins, decorative tiles, etc.
(e) A number of different unit types, sizes and floor plans are available
within the development in order to accommodate households of various
ages and sizes. Multi-family housing will at a minimum have a mix of
one, two and three bedroom units with varying floor plans. Single
family housing (attached and detached) will at a minimum offer a mix of
three and four bedroom units with varying floor plans.
(f) The development is designed to preserve and enhance existing natural
areas and/or water bodies. Where no such areas exist, new areas
which provide open space and native habitat are created and
incorporated into the project.
(g) The project provides a convenient and extensive bicycle/pedestrian
network, and access to available transit.
(2) It is acknowledged that some of the above referenced standards
may not be entirely applicable to small, infill type residential projects. For those types of
projects, the ultimate density should be based upon the attainment of those standards
which are applicable, as well as the development's ability to meet or exceed other
minimum code requirements.
(3) For vacant property that is proposed for rezoning to RM with a
density suffix, the approving body must made a finding that the proposed density is
appropriate based upon the future land use map designations of surrounding property
as well as the prevailing development pattern of the surrounding area.
4
"
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
WAIVER REQUESTS FOR CODA PROPERTY
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1 . These waiver requests have come before the City Commission on March
6. 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests for the Coda
Property. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsection I.
I. WAIVERS:
a. Pursuant to LOR Section 4.4.17(H)(1). all buildings and structures shall
appear to be residential in character regardless of the actual use therein; shall be kept
in a sound and attractive condition; and in established neighborhoods, shall be
generally compatible in architectural style and scale with the surrounding area. The
applicant has requested a waiver to allow the architectural style as designed.
Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant
or owner.
Does the waiver request meet all the requirements of 2.4.7(B)(5)?
Yes 1
No 3
b. Pursuant to LOR Section 4.6.9(D)(3)(c). a 50' stacking distance is required
from the public right-of-way to the first aisleway or parking space in a parking lot. The
applicant proposes a stacking distance of 33' to the first parking spaces along SW 2nd
Avenue and 32.5' to the first parking space (11.5' to dumpster enclosure) along SW 1st
Avenue. The applicant has requested a waiver to the stacking requirements.
1
r+elYl Cf. C.
...!
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant
or owner.
Does the waiver request meet all the requirements of 2.4.7(B)(5)?
Yes
4
No 0
3. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves _
denies X the waiver request to LOR Section 4.4.17(H)(1).
6. Based on the entire record before it, the City Commission approves
X denies _ the waiver request to LOR Section 4.6.9(O)(3)(c).
7. Based on the entire record before it, the City Commission hereby adopts
this Order this 6th day of March, 2006, by a vote of 4
in favor and 0
opposed.
~
( . g2'
, , c-l, ~ ~
J erlman, Mayor
ATTEST:
~~~~~
Chevelle Nubin, City Clerk
2
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
lAST NAME-FIRST NAME-MIDDLE NAME NAME Of BOARD. COUNCIL. COMMISSION, AUTHORllY. OR COMMITTEE
Perlman. Jeffrev L. Delray Beach City Commission
MAlUNG ADDRESS THE BOARD. COUNCIL. COMMISSION. AllTHORllY OR COMMITTEE ON
971 Delrav Lakes Drive WHICH I SERVE IS A UNIT OF:
CllY COUNTY ~CIlY (J COUNTY (J OTHER LOCAl. AGENCY
Delray Beach, Florida 33444 Palm Beach NAME Of POLmCAL SUBDMSION:
City of Delray Beach
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
3/6/06 Ii ELECTIve (J APPOlNTlV6
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county. municipal. or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a .relative- includes only the officer's father, mother. son, daughter, husband, wife. brother. sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate- means any person or entity engaged in or carrying on a business
enterprise with the offICer as a partner, joint venturer, coowner of property. or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
..
..
.
.
.
.
..
..
.
.
..
..
..
..
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible fOl' recording the min-
utes of the meeting, who should Incorporate tt'e form in the minutes.
..
.
..
.
..
.
..
..
..
..
..
..
..
..
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However. you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
, TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the'
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
ce FORM 88 - EFF. 1/2000
~~-~
PAGE 1
APPOINTED OFFICERS (continued)
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. Yau must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting. who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency. and the form must be read publicly at the next meeting after the form is filed.
I,
Jeffrey L. Perlman
DISCLOSURE OF LOCAL OFFICER'S INTEREST
3/6
, hereby disclose that on
,20~:
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate.
-X. Inured to the special gain or loss of my relative, Diana Colonna
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
.by
,which
Diane Colonna, my wife, is Director of the Community Redevelopment Agency (CRA)
I have a conflict voting on items that directly affect the Community
Redevelopment Agency.
. 3\ \.sl \~()J LP
" ~
Date Flied
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOllOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A
CIVil PENALTY NOT TO EXCEED $10,000.
CE FORM 8B . EFF. 112000
PAGE 2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR 14th AVENUE TOWNHOMES
ORDER OF THE CITY COMMISSION
OF THE CITY OF DElRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
March 6, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for 14th
Avenue Townhomes. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future land Use and Map: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs?
Yes 3 No 0
b. Concurrency: Concurrency as defined pursuant to Objective B-2 of
the Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes 3
No 0
c. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
1
Yes
3
No
o
II. LOR REQUIREMENTS:
a. LOR Section 2.4.5(E) ReQuired Findinas: (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Nor that it will hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes 3 No 0
b. Performance Standards for Density Increase: Does the applicant
meet the requirements set forth in Section 4.4.6(1), attached hereto, to allow a density in
excess of 6 dwelling units per acre to 12 dwelling units per acre?
Yes
3
No
o
c. Consistency with Article 4.7 (Workforce Housina): Is the development
consistent with and meets the criteria set forth in Article 4.7 (Workforce Housing) of the
LOR's in order to allow the applicant a density bonus?
Yes
3
No
o
If you answered "yes", what is the amount of the density bonus?
.4 of unit dwelling units per acre
The total density, based upon (b) and (c), is 12.40
dwelling units per acre.
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
2
4. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves-L
denies _ the conditional use request subject to conditions set forth in the staff report
and hereby adopts this Order this (r;;~ day of March, 2006, by a vote of 3 in
favor and 0
opposed.
~ft
c:- k:;.- <? (
~ ff Perlman, Mayor
\~~::.~ . ')).~\~~~l
Chevelle Nubin
City Clerk
3
LOR Section 4.4.6(1)
(I) Performance Standards:
(1) These standards shall apply to all site plans approved subsequent
to October 7, 1997, and for modifications to existing developments which involve the
creation of additional residential units.
In order to increase a project density beyond six (6) units per acre,
the approving body must make a finding that the development substantially complies
with the performance standards listed in this section. The intent of the standards is to
mitigate the impacts of the additional density both internal and external to the site. The
extent to which a project meets the standards will determine the number of units per
acre that will be permitted. For example, if a project meets or exceeds all of the
standards, and is otherwise consistent with applicable standards and policies of the
City's Comprehensive Plan and Land Development Regulations, the maximum density
is permitted. Projects which only partially achieve these standards will be permitted a
correspondingly lower density. The performance standards are as follows:
(a) The traffic circulation system is designed to control speed and reduce
volumes on the interior and exterior street network. This can be
accomplished through the use of traffic calming devices; street
networks consisting of loops and short segments; multiple entrances
and exists into the development; and similar measures that are
intended to minimize through traffic and keep speeds within the
development at or below 20 m.p.h.
(b) Buildings are placed throughout the development in a manner that
reduces the overall massing, and provides a feeling of open space.
(c) Where immediately adjacent to residential zoning districts having a
lower density, building setbacks and landscape materials along those
adjacent property lines are increased beyond the required minimums in
order to provide a meaningful buffer to those lower density areas.
Building setbacks are increased by at least 25% of the required
minimum; at least one tree per 30 linear feet (or fraction thereof) is
provided; trees exceed the required height at time of planting by 25%_or
more; and a hedge, wall or fence is provided as a visual buffer between
the properties.
(d) The development offers a varied streetscape and building design. For
example, setbacks are staggered and offset, with varying roof heights
(for multi-family buildings, the planes of the facades are offset to add
interest and distinguish individual units). Building elevations
incorporate diversity in window and door shapes and locations; features
such as balconies, arches, porches, courtyards; and design elements
such as shutters, window mullions, quoins, decorative tiles, etc.
4
(e) A number of different unit types, sizes and floor plans are available
within the development in order to accommodate households of various
ages and sizes. Multi-family housing will at a minimum have a mix of
one, two and three bedroom units with varying floor plans. Single
family housing (attached and detached) will at a minimum offer a mix of
three and four bedroom units with varying floor plans.
(f) The development is designed to preserve and enhance existing natural
areas and/or water bodies. Where no such areas exist, new areas
which provide open space and native habitat are created and
incorporated into the project.
(g) The project provides a convenient and extensive bicycle/pedestrian
network, and access to available transit.
(2) It is acknowledged that some of the above referenced standards
may not be entirely applicable to small, infill type residential projects. For those types of
projects, the ultimate density should be based upon the attainment of those standards
which are applicable, as well as the development's ability to meet or exceed other
minimum code requirements.
(3) For vacant property that is proposed for rezoning to RM with a
density suffix, the approving body must made a finding that the proposed density is
appropriate based upon the future land use map designations of surrounding property
as well as the prevailing development pattern of the surrounding area.
5
MARCH 21. 2006
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Vice Mayor Levinson in the Commission Chambers at City Hall at 6:00
p.m., Tuesday, March 21, 2006.
1.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Rita Ellis
Vice Mayor Levinson
Commissioner Alberta McCarthy
Absent - Mayor Jeff Perlman
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Mary Beth Wells, St. Paul's
Episcopal Church.
3.
The Pledge of Allegiance to the flag of the United States of America was given.
4.
AGENDA APPROVAL.
Vice Mayor Levinson stated there was additional information provided for Item
9.A., Waiver Requests/5th Avenue Flats (Board Order) and for Item 9.B., Conditional Use
ReQuest/Maroone Ford (Board Order); however, there has been a request to remove Item 9.B.
Also, he noted that there is a revised Exhibit 9.1., Appointments to the
Neif!hborhood Advisory Council and a revised ordinance for Item 10.C., Ordinance No. 13-
06.
The City Attorney requested that Item 8.F., Third Amendment to Contract for
Sale and Purchase/Auburn Trace be removed because staff is still waiting for documents.
Mrs. Ellis moved to approve the Agenda as amended, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice
Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
5.
APPROVAL OF MINUTES:
Ms. McCarthy moved to approve the Minutes of the Special/Workshop Meeting
of March 16, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said
03/21/06
motion passed with a 4 to 0 vote.
Mrs. Ellis moved to approve the Minutes of the Special Meeting of March 17,
2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Vice
Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion
passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. Law Dav - Mav 1. 2006
Vice Mayor Levinson read and presented a proclamation hereby proclaiming
Monday, May 1, 2006, as "Law Day" and urge all citizens, schools, businesses, and media to use
this occasion to preserve and strengthen the rule of law. On behalf of the South Palm Beach
County Bar Association, Marc Barmat and Jeffrey Marks came forward to accept the
proclamation and thanked the Commission.
7. PRESENTATIONS:
7.A. Weed & Seed Presentation
Sharon L'Herrou stated she came before the Commission a little more than a year
ago and at that time the Department of Justice had informed them that they were going to be
cutting their funding. Therefore, they did not know a year ago whether or not if they would exist
today. Ms. L'Herrou stated they asked the Commission to look at their projects and they shared
information about the statistics and shared their successes in reducing crime and increasing
academic achievement. She stated the Commission offered their support and the Chief of Police
offered to incorporate all of the weeding aspects of the budget into his budget and also absorb the
administrative and personnel costs. Consequently, Ms. L'Herrou stated they were able to go to
the Criminal Justice Commission and get their support for their seeding efforts and were able to
continue programming for another year. She stated one of programs that have been continued is
the "Carver Kids of Character Project" and noted that the youth are one of the primary
beneficiaries of the project. Ms. L'Herrou stated almost 90% ofthe youth who have been regular
participants have been crime free since the project's inception several years ago.
Detective Scott (one of the original founders) and Sergeant Rosenthal (martial arts
instructor) thanked the Commission for supporting this project and gave a brief overview of the
program.
At this point, the youth from the Carver Kids of Character Project came forward
to present the Commission with Certificates of Appreciation.
Ms. McCarthy stated she applauds Detective Scott and Sergeant Rosenthal for this
endeavor and what they are doing with these young children. She stated she was involved in a
similar situation in Massachusetts many years ago and having been an instructor and part owner
of a karate school in an area in the community similar to this, she found that the young children
- 2 -
03/21/06
develop their own type of camaraderie as well. Ms. McCarthy stated when she came to Florida
one of the first things she looked for was a karate school because her children had gone to the
school as well and they competed in the AAU tournament and stated if this group is not doing
this at this time, she would be glad to help give direction. Ms. L'Herrou stated in the first
tournament ten of the youths were taken and six came back with medals.
Vice Mayor Levinson stated the Delray Beach Police Department is incredible at
giving of their private time not just their public time. He stated many of the things that go on in
the community with the Police Officers are after hours when they could be with their own
families. Both Sergeant Rosenthal and Detective Scott are two examples of some of the finest
police officers who do give of their time. Vice Mayor Levinson stated the Commission and the
community appreciate it very much.
7.B. "You are Not Alone" - Delores Ran2el
Vice Mayor Levinson introduced Colonel David Smith and his wife Creig Smith.
On behalf of the Delray Beach City Commission, Vice Mayor Levinson presented Colonel David
Smith with a special recognition award for his contribution as facilitator of the "You are Not
Alone Program" and thanked him for his efforts to provide assistance and support to military
families in the community.
Commissioner McCarthy stated she is extremely moved by the dedication and the
time that people have volunteered during this period where America is at war. Ms. McCarthy
stated the development of this program was to be an information resource and an emotional
support for those of us who are left at home. She read a letter into the record written by Melissa
Rangel (Delray Beach resident and daughter of City of Delray Beach employee Delores Rangel).
At this point, Commissioner McCarthy presented a Certificate of Appreciation to
Mrs. Carrie Jones. On behalf of her daughter Jennifer L. Jones (Staff Sergeant), Mrs. Carrie
Jones came forward to accept the certificate and thanked the Commission for their support.
Delores Rangel, resident of Delray Beach for 40 years and employee of the City
of Delray Beach, thanked Commissioner McCarthy (Founder) and the entire Commission for
their assistance and encouragement of the organization "You are Not Alone" which is a group
that supports military families. She stated it has been one year since the inception of this
organization and noted that the monthly meetings have been very successful.
Colonel Smith stated he is retired after 25 years with the Air Force and his wife
Creig is from Delray Beach and thanked the Commission for the recognition of their efforts. Mr.
Smith presented each of the Commissioners with a military challenge coin.
Eleanor Williams stated she attends the group meetings for the military families
and feels this is a wonderful idea and it is great that Creig and Dave Smith have made this idea
work. Ms. Williams stated she feels everyone in this country is lucky to be represented and
protected by the men and women who are fighting to keep everyone safe.
- 3 -
03/21/06
'.C. Non-Profit Academv Certificates
Janet Meeks, Education Coordinator, stated this is the second graduating class for
the Non-Profit Academy. Mrs. Meeks stated over the eight week session they reviewed topics
such as Board basics, media relations, finding the money, grant writing, risk management,
human resource and program evaluations.
Bob Irving, President of the Executive Service Corporation of Southeast Florida,
stated he is very proud to be a part of this. He commended Mary Wyns and Dr. Ron Nyham
(F AU) and commended the City Commission and the City staff.
At this point, Mary Wyns presented the Commission with a paper weight and
thanked the Commission for helping support the non-profits. Ms. Wyns, Commissioner Archer
and Commission McCarthy presented the following non-profit organizations with a plaque:
· Aid to Victim of Domestic Abuse, Inc.
. Community Child Care Center
. Delray Beach Arts, Inc.
· Delray Beach Historical Society
· Delray Youth Basketball Boosters, Inc.
. Families First of Palm Beach County
· Hispano- Latino Cultural Alliance, Inc.
. Milagro Center
· Museum of Lifestyle and Fashion History
· Questers Community Service Fund, Inc.
. SEARS Foundation
Zerlean Williams, Delray Boosters, stated she feels fortunate to live in the greatest
city in the world (Delray Beach) and thanked the Commission for listening to problems with an
open mind and trying to resolve them for the betterment of all concerned. She stated the Delray
Youth Basketball Boosters, Inc. was presented with a proclamation last year and thanked the
Commission for giving them the opportunity to attend.
Julie Swindler, Executive Director of Families First of Palm Beach County,
thanked the Commission for allowing their agency to be a part of the Delray Beach Non-Profit
Academy.
Ms. Wyns officially presented Dr. Ronald C. Nyham with a special appreciation
award for all the knowledge and wisdom he shared with every participant in the Non-Profit
Academy. Dr. Ronald C. Nyham, resident of Del ray Beach for the last 16 years, stated he is very
proud to be a part of this program and feels it has been a huge success. He stated although all the
organizations participated in the majority of the sessions he introduced the following three
individuals who attended every session:
. Edwin Ross
. Zerlean Williams
-4-
03/21/06
. Kevin Butler
At this point, Commissioner Archer stepped away from the dais.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify
the action of the South Central Regional Wastewater Treatment and Disposal Board at their
Quarter Annual Meeting of January 18, 2006.
8.B. FINAL SUBDIVISION PLAT APPROVAL/GULF STREAM VILLAS:
Approve the subdivision plat for Gulf Stream Villas, a 14-lot, fee-simple townhouse
development, located on the southwest comer of Gulfstream Boulevard and Webb Avenue.
8.B.1. RESOLUTION NO. 15-06: Approve Resolution No. 15-06 abandoning two 20'
wide alley rights-of-way associated with the Gulf Stream Villas Townhouse Development, lying
west of Block C and Block D ofthe replat of Blocks 2-5, inclusive of Gulf Stream Estates.
The caption of Resolution No. 15-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 20' WIDE NORTH-SOUTH UNIMPROVED
ALLEY RIGHT-OF-WAY LYING WEST OF BLOCK C AND
BLOCK D OF THE REPLAT OF BLOCKS 2-5 INCLUSIVE OF
GULF STREAM ESTATES, LOCATED ON THE SOUTH SIDE
OF GULF STREAM BOULEVARD, WEST OF WEBB
AVENUE, AS MORE P ARTICULARL Y DESCRIBED IN
EXHIDIT "A".
(The caption of Resolution No. 15-06 is on file in the City Clerk's office.)
8.C. ACCEPTANCE OF RIGHT-OF-WAY DEED/FRANC PROPERTY:
Approve and accept a right-of-way deed associated with the Franc Property, located on the west
side ofS.E. 5th Avenue, south ofS.E. ih Street.
8.D. SPECIAL EVENT REOUESTIEASTER SUNRISE SERVICE: Approve a
request from Reverend William Stokes on behalf of the Delray Beach Clergy Association for
special event approval for closure of Ocean Boulevard (A-I-A) during the Easter Sunrise Service
to be held April 16, 2006 from 6:30 a.m. until 7:30 a.m. at the beach pavilion.
8.E. MEMORANDUM OF AGREEMENT (MOA)!AREA AGENCY ON AGING
OF PALM BEACH/TREASURE COAST. INC.: Approve a Memorandum of Agreement
(MOA) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. for a three (3) year
term for the Senior Immunization Project.
- 5 -
03/21/06
8.F. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
8.G. PARKING SPACES/THE FRIENDS OF SANDOWAY HOUSE NATURE
CENTER. INC./4TH ANNUAL EARTH DAY EVENT: Approve a request from The Friends
of Sandoway House Nature Center, Inc. to reserve parking spaces in the Sandoway Parking Lot
to accommodate their 4th Annual Earth Day Event to be held on Saturday, April 8, 2006.
8.H. FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.)/RESOLUTION
FOR ASSISTANCE: Approve and adopt a Resolution for Assistance from the Florida Inland
Navigation District (F.I.N.D.) for the application of a grant for funding for the F.I.N.D. Park on
the Intracoastal Waterway.
8.1. INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH
COUNTY/ATLANTIC HIGH SCHOOL: Approve an Interlocal Agreement with the School
Board of Palm Beach County to allow the School Board the use of the athletic fields next to the
new Atlantic High School and the City the use of the gymnasium at the old Atlantic High School
site.
8.J. SERVICE AUTHORIZATION NO. 1l.1/CH2M HILL. INC.: Approve
Service Authorization No. 11.1 to CH2M Hill, Inc. in the amount of $13,600.00 for preparation
of a Florida Department of Environmental Protection (FDEP) construction permit renewal
package and follow-up responses for permit acquisition for the Rehabilitation of the City's
Aquifer Storage & Recovery (ASR) Well Project. Funding is available from 442-5178-536-
31.30 (Water/Sewer Renewal & Replacement Fund/Engineering/ Architect).
8.1(. AGREEMENT/IRONWOOD PROPERTIES/MERIDIAN: Approve an
agreement with Ironwood Properties in the amount of$13,950.00 to be paid to the City in lieu of
hardscape/landscape improvements associated with the Meridian.
8.L. SPECIAL EVENT REQUEST/RELAY FOR LIFE: Approve a special event
request for the American Cancer society's Relay for Life Fundraiser to be held at Old School
Square from 4:00 p.m. on March 31, 2006 until II :00 a.m. on April 1, 2006.
8.M. SPECIAL EVENT REQUEST/CINCO DE MAYO FIESTA: Approve a
special event request to allow the 8th Annual Cinco De Mayo Fiesta to be held Saturday, May 6,
2006, from 11 :00 a.m. until 10:00 p.m. at Old School Square.
8.N. SERVICE AUTHORIZATION NO. 14.1/CURRIE SOWARDS AGUILA
ARCHITECTS: Approve Service Authorization No. 14.1 to Currie Sowards Aguila Architects
in the amount of$14,750.00 for additional services provided for the permit submittal process and
site modifications for the Intracoastal Park Project. Funding is available from 334-4174-572-
63.90 (General Construction Fundi Intracoastal Park! Other Improvements).
8.0. SEVENTH AMENDMENT/BLOCK 77 CONTRACT/COMMUNITY
REDEVELOPMENT AGENCY (CRA): Approve the Seventh Amendment to the Block 77
Contract between the Community Redevelopment Agency (CRA) and Block 77 Development
Group, L.c. to provide for an extension ofthe contract until June 9, 2006.
- 6 -
03/21/06
8.P. AMENDMENT NO.1' TO CONTRACT FOR SALE AND
PURCHASE/CARVER SQUARE/JEAN LOUIS SAINT FORT AND JOSETTE SAINT
FORT: Approve Amendment No. I to Contract for Sale and Purchase of property to Jean Louis
Saint Fort and Josette Saint Fort, as part of the Carver Square Relocation Project, extending the
date of expiration to May 31, 2006.
~ AMENDMENT NO. 1 TO CONTRACT FOR SALE AND
PURCHASE/CARVER SQUARE/REGINALD JONAS AND ELIZABETH TAYLOR:
Approve Amendment No.1 to Contract for Sale and Purchase of property to Reginald Jonas and
Elizabeth Taylor, as part of the Carver Square Relocation Project, extending the date of
expiration to May 31, 2006.
8.R. SPECIAL EVENT REQUEST/8th ANNUAL GARLIC FESTIVAL: Approve
a special event request for the 8th Annual Garlic Festival to be held on the grounds of Old School
Square on February 16-18, 2007.
8.S. AMENDMENT NO. 1 TO LEASE AGREEMENT/PALM BEACH
COUNTYIHEAD START: Approve Amendment No. I to the lease agreement with Palm
Beach County for the property leased at the Catherine Strong Center for the Head Start Program.
8.T. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period March 6,
2006 through March 17, 2006.
8.U. AWARD OF BIDS AND CONTRACTS:
1: Purchase award to Westco Turf Supply, Inc. in the amount of $33,104.92
via the Florida State Contract #515-630-03-1 for the purchase of two (2)
Model #30344 Toro Groundsmaster 3280-D Rotary Mowers for Parks
Maintenance. Funding is available from 001-4138-572-64.90 (General
Fund/Other Machinery/Equipment).
2. Bid award to Midnight Sun Tours, in the estimated annual amount of
$73,311.00 for bus rental and driver services for the Parks and Recreation
Department. Funding is available from 001-4127-572-55.30 (General
Fund/Youth Football), 115-4912-572-55.30 (Special Projects Fund/Youth
Football), 001-4105-572-44.90 (General Fund/Out of School
Program/Lease Costs), 001-4121-572-44.90 (General Fund/Athletics &
Special Events/Lease Costs), 001-4127-572-44.90 (General Fund/Pompey
Park/Lease Cost), 001-4119-572-44.90 (General Fund/Teen CenterILease
Cost), and 001-4111-572-44.90 (General Fund/Parks & Recreation
AdministrationlLease Costs).
3. Bid award to Harcross Chemicals for the purchase of hydrofluorosilicic
acid at an estimated annual cost of $31,730.00 for the Water Treatment
Plant. Funding is available from 441-5122-536-52.21 (Water/Sewer
Fund/Chemicals) FY 06/07.
- 7 -
03/21/06
4. Purchase awards via the Florida Sheriffs' Association Contract #04-12-
0823 Rollover to Garber Ford in the amount of $20,921.00 for one (1) %
Ton Pickup Truck for the Parks & Recreation Department; and award to
Classic Chevrolet in the amount of $12,038.00 for one (1) Compact
Pickup Truck for the Community Improvement Department. Funding is
available from 001-4138-572-64.20 (General Fund/Automotive) and 001-
2741-524-64.20 (General Fund/Automotive).
5. Purchase award to CDWG, Inc. in the amount of $25,777.00 via the State
of Florida Contract for the purchase of the HP MSL6030 Tape Library.
Funding is available from 334-6111-519-64.11 (General Construction
Fund/Computer Equipment).
Mrs. Ellis moved to approve the Consent Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mrs. Ellis -
Yes; Vice Mayor Levinson - Yes. Said motion passed with a 3 to 0 vote.
9.
REGULAR AGENDA:
9.A. WAIVER REQUESTS/5TH AVENUE FLATS: Consider a request for several
waivers relating to the minimum stacking distance and reduction of site visibility triangle for 5th
Avenue Flats, located at the northwest comer of N.E. 5th Avenue and N.E. 2nd Street. (Quasi-
Judicial Hearing)
Vice Mayor Levinson read the City of Delray Beach Quasi-Judicial procedures
for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give
testimony on this item.
Vice Mayor Levinson asked the Commission to disclose their ex parte
communications. No ex parte communications were disclosed.
At this point, Mrs. Archer returned to the dais.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2005-330 into the record.
Mr. Dorling stated on February 8, 2006, the Site Plan Review and Appearance
Board (SPRAB) approved the Class V Site Plan Application, Landscape Plan, Architectural
Elevations, and landscape waivers for a four-story mixed-use building containing 1,048 square
feet of retail floor area and 2,509 square feet office floor area on the first floor; and 12 residential
condominium units on floors 2-4. The development proposal includes waivers to reduce the
minimum parking lot stacking distances from 20 feet to 17 feet at the east entrance and from 20
feet to 15 feet at the south entrance.
- 8 -
03121/06
Mr. Dorling stated positive findings were made in staff report and similar waivers
have been approved in the past for projects similar to this. Staff recommends approval of all the
waIvers.
The City Attorney briefly reviewed the Board Order with the Commission who
made findings according to their consensus (attached hereto is a copy and made an official part
of the minutes).
Mrs. Archer moved to approve the Board Order, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice
Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
9.B. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
At this point, the time being 7:01 p.m., the Commission moved to the duly
advertised Public Hearings portion ofthe Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 11-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to Land Development Regulations Section 2.4.4(E)(2),
"Expiration of Approvals; Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans,
Preliminary Subdivision Plats", to clarify the time frames for development approvals. Prior to
consideration of passage of this ordinance on Second Reading/Second Public Hearing a public
hearing has been scheduled to be held at this time.
The caption of Ordinance No. 11-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 2.4.4,
"GENERAL PROCEDURES PERTAINING TO APPROVAL
OF LAND USE AND DEVELOPMENT APPLICATIONS",
SUBSECTION 2.4.4(E), "EXPIRATION OF APPROVALS",
TO CLARIFY TIMEFRAMES FOR DEVELOPMENT
APPROVALS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 11-06 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
- 9 -
03/21/06
Vice Mayor Levinson declared the public hearing open. There being no one from
the public who wished to give testimony on this item, the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 11-06 on Second and FINAL Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes;
Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with
a 4 to 0 vote.
10.B. ORDINANCES NO. 16-06. 17-06. 18-06. 19-06. AND 20-06/WORKFORCE
HOUSING: The following ordinances are amending Land Development Regulations (LDR)
pertaining to Workforce Housing:
10.B.t. ORDINANCE NO. 16-06 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to the Land Development Regulations (LDR) regarding Subsection
4.3.4(J)(4)(b), "Allowances", to provide for modifications to performance standards and to
require workforce housing.
The caption of Ordinance No. 16-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH,
AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS,
GENERAL PROVISIONS", SECTION 4.3.4(1) "HEIGHT"
SUBSECTION 4.3.4(J)(4), "INCREASES TO HEIGHT
REGULATIONS", BY AMENDING SUBSECTION
4.3.4(J)(4)(b), "ALLOWANCES", TO PROVIDE FOR
MODIFICATIONS TO PERFORMANCE STANDARDS AND
TO REQUIRE WORKFORCE HOUSING; PROVIDING A
GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 16-06 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Vice Mayor Levinson declared the public hearing open. There being no one from
the public who wished to give testimony on this item, the public hearing was closed.
Ms. McCarthy moved to approve Ordinance No. 16-06 on FIRST Reading/FIRST
Public Hearing, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said
motion passed with a 4 to 0 vote.
-10 -
03/21/06
to.B.2. ORDINANCE NO. t7-06 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to the Land Development Regulations (LDR) Section 4.4.6, "Medium
Density Residential (RM) District", to include references to aspects of the Workforce Housing
Ordinance for RM zoned properties that are part of the Workforce Housing Overlay Districts.
The caption of Ordinance No. 17-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH, BY
AMENDING SECTION 4.4.6 "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(D),
"CONDITIONAL USES AND STRUCTURES ALLOWED", BY
ADDING SUBSECTION 4.4.6(D)(13) TO INCLUDE
REFERENCES TO APPLICABLE WORKFORCE HOUSING
OVERLAY DISTRICTS; AMENDING SUBSECTIONS 4.4.6(F),
"DEVELOPMENT STANDARDS", 4.4.6(G),
"SUPPLEMENTAL DISTRICT REGULATIONS" AND
SUBSECTION 4.4.6(H), "SPECIAL REGULATIONS", TO ADD
ADDITIONAL WORKFORCE HOUSING OVERLAY
DISTRICTS; AMENDING SECTION 4.4.9 "GENERAL
COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9(D)
CONDITIONAL USES AND STRUCTURES ALLOWED", BY
ENACTING SUBSECTION 4.4.9(D)(19) TO INCLUDE AN
INCENTIVE TO BUILD WORKFORCE HOUSING UNITS;
AMENDING ARTICLE 4.5, "OVERLAY AND
ENVIRONMENTAL MANAGEMENT DISTRICTS", BY
ENACTING SUBSECTION 4.5.12, "INFILL WORKFORCE
HOUSING AREA"; PROVIDING A GENERAL REPEALER
CLAUSE; A SAVINGS CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 17-06 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Vice Mayor Levinson declared the public hearing open. There being no one from
the public who wished to give testimony on this item, the public hearing was closed.
Mrs. Archer moved to approve Ordinance No. 17-06 on FIRST Reading/FIRST
Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said
motion passed with a 4 to 0 vote.
- 11 -
03/21/06
10.B.3. ORDINANCE NO. 18-06 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to the Land Development Regulations (LDR) Article 4.7, "Family
Workforce Housing", establishing an additional workforce housing overlay district known as the
"Infill Workforce Housing Area", located east of 1-95 and west of the Intracoastal outside of the
coastal high hazard area for properties predominantly zoned RM (Medium Density Residential).
The caption of Ordinance No. 18-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING ARTICLE 4.7,
"FAMILY/WORKFORCE HOUSING", PROVIDING FOR
REGULATIONS AND INCENTIVES TO BUILD WORKFORCE
HOUSING AND ENSURING THAT THE CITY HAS
SUFFICIENT FAMILY/WORKFORCE HOUSING; CREATING
AN ADDITIONAL DISTRICT ENTITLED "INFILL
WORKFORCE HOUSING AREA"; PROVIDING A
REQUIREMENT FOR THE PROVISION OF WORKFORCE
HOUSING WHERE INCREASED HEIGHT AND/OR DENSITY
IS REQUESTED AND ALLOWED; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 18-06 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Vice Mayor Levinson declared the public hearing open.
Cito Beeuiristain. 1301 S.W. 10th Avenue Bide "J". Delrav Beach. FL 33444
(with Auburn Development). made reference to page 19, Section 4.7.9(c)(v) of the ordinance
which states: "If the development includes both "for sale" and "for rent" units, the proportion of
"for rent" workforce units to "for sale" workforce units must not exceed the proportion of "for
rent" market rate units to "for sale" market rate units." He stated he is not proposing to build
market rate rental units; however, is proposing to build affordable rental units. He suggested
removing the rules for the proportion "for rent" market rate units to affordable rent units because
they are proposing to build 100% affordable rental units.
The City Attorney suggested that the Commission pass this ordinance and staff
will work on amending the ordinance.
There being no one from the public who wished to address the Commission
regarding Ordinance No. 18-06, the public hearing was closed.
- 12 -
03/21/06
Mrs. Ellis moved to approve Ordinance No. 18-06 on FIRST ReadinglFIRST
Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Ms. McCarthy - No; Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said
motion passed with a 3 to 1 vote, Commissioner McCarthy dissenting.
10.B.4. ORDINANCE NO. 19-06 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to the Land Development Regulations (LDR) Section 4.4.13(1),
"Performance Standards", to provide for inclusion of workforce housing among other conditions
in order to obtain increased density.
The caption of Ordinance No. 19-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES BY AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.13(1), 'PERFORMANCE
STANDARDS", TO PROVIDE FOR INCLUSION OF
WORKFORCE HOUSING AMONG OTHER CONDITIONS IN
ORDER TO OBTAIN INCREASED DENSITY; PROVIDING A
GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 19-06 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Vice Mayor Levinson declared the public hearing open. There being no one from
the public who wished to give testimony on this item, the public hearing was closed.
Mrs. Archer moved to approve Ordinance No. 19-06 on FIRST ReadinglFIRST
Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 4 to 0 vote.
10.B.5. ORDINANCE NO. 20-06 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to the Land Development Regulations (LDR) Section 4.1.4, "Use of
Lots of Record", to provide for the use of lots of record of at least 40 feet for the construction of
workforce housing units.
The caption of Ordinance No. 20-06 is as follows:
- 13 -
03/21/06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES BY AMENDING CHAPTER 4 "ZONING
REGULATIONS", SECTION 4.1.4, "USE OF LOTS OF
RECORD", BY ENACTING A NEW SUBPARAGRAPH
4.1.4(D), TO PROVIDE FOR THE USE OF LOTS OF RECORD
OF AT LEAST 40 FEET FOR THE CONSTRUCTION OF
WORKFORCE HOUSING UNITS AS LONG AS THE DESIGNS
CONFORM TO CERTAIN PLANS; PROVIDING A GENERAL
REPEALER CLAUSE; A SAVINGS CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 20-06 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Vice Mayor Levinson declared the public hearing open. There being no one from
the public who wished to give testimony on this item, the public hearing was closed.
Ms. McCarthy moved to approve Ordinance No. 20-06 on FIRST ReadingIFIRST
Public Hearing, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mrs. Ellis - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion
passed with a 4 to 0 vote.
10.C. ORDINANCE NO. 13-06: An ordinance amending Chapter 36, "Finance; City
Property Transactions", Section 36.01, "Compliance with Standard Practice Instructions", of the
Code of Ordinances, to provide that personal services contracts are exempt from the
requirements of Chapter 36. Prior to consideration of passage of this ordinance on Second and
FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 13-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 36,
"FINANCE; CITY PROPERTY TRANSACTIONS", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH,
BY AMENDING SECTION 36.01, "COMPLIANCE WITH
STANDARD PRACTICE INSTRUCTIONS", TO PROVIDE
THAT PERSONAL SERVICES CONTRACTS ARE EXEMPT
FROM THE REQUIREMENTS OF CHAPTER 36; PROVIDING
A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
- 14-
03/21/06
(The official copy of Ordinance No. 13-06 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Vice Mayor Levinson declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 13-06, the public
hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 13-06 on Second and FINAL
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer
- Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed
with a 4 to 0 vote.
At this point, the time being 7:15 p.m., the Commission moved to Item 11,
Comments and Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A. City Manae:er's response to prior public comments and inquiries.
The City Manager had no responses to prior public comments and inquiries.
11.B. From the Public.
The public had no comments or inquiries on non-agenda items.
At this point, the Commission moved to Item 12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 21-06: An ordinance amending Land Development
Regulations (LDR) Section 2.4.3(K)(3), "Permit Fees", to enact a new subsection (s) authorizing
the waiver of building permit fees for the installation of auxiliary power generators and fuel
systems in critical use groups and occupancies.
The caption of Ordinance No. 21-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING THE CITY'S
LAND DEVELOPMENT REGULATIONS BY AMENDING
SECTION 2.4.3.(K)(3), "PERMIT FEES", IN ORDER TO
ENACT A NEW SUBSECTION (S) TO PROVIDE THAT ALL
PERMIT FEES REGARDING INSTALLATION OF
GENERATORS AND ALL APPURTENANCES RELATED TO
GENERATORS INCLUDING FUEL STORAGE AREAS AND
SCREENING FOR ALL SERVICE STATIONS, GROCERY
- 15 -
03/21/06
STORES, KIDNEY DIALYSIS CENTERS, PHARMACIES,
RESIDENTIAL BUILDINGS WITH ELEVATORS, COUNTRY
CLUBS AND CLUBHOUSES WITHIN RESIDENTIAL
COMMUNITIES SHALL BE WAIVED; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 21-06 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Vice Mayor Levinson thanked Chief Koen for bringing this forward.
The City Manager stated staff plans to contact Publix specifically.
Ms. McCarthy stated when staff was going and fixing hot meals for people who
did not have electricity because of the hurricane Publix gave food in order to provide hot meals
and feed citizens and noted they are conscientious.
Mrs. Archer moved to approve Ordinance No. 21-06 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Vice Mayor Levinson
- Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 4
to 0 vote.
At this point, the Commission moved to Item 9.C. of the Regular Agenda.
9.C. INCREASE TO MONTHLY VALET PARKING QUEUE SPACE FEES:
Consider approval of an increase in the monthly valet queue parking space fees.
Scott Aronson, Parking Management Specialist, stated there are currently six valet
parking license agreements; one of the six is not working. Mr. Aronson stated Jimmy's Stone
Crab has closed and is not operating a valet queue at this time. In April 2004, the valet queues
were increased from $50.00 to $60.00 per space. In reviewing the appropriateness of a fee
increase the monetary value for each parking space was researched using revenue generated at
the parking meters in front ofthe Marriott Hotel. Staff recommends a $15.00 per space increase
from $60.00 to $75.00 per space per month. This would result in an annual total revenue
increase from $17,280.00 per year to $21,600.00 ($4,320.00). Mr. Aronson referred to the City
Manager's memorandum and the queues on Atlantic Avenue east of the Intracoastal Waterway
are metered spaces and there is a loss of revenue for those metered spaces. Mr. Aronson stated
the average space in this area generates approximately $140.00 per month in revenue. He stated
a few months ago the City Commission approved this valet queue to seven spaces so he has three
extra spaces which were being charged on a temporary basis at $150.00 per space to make up for
the lost revenue plus the valet queue space. The City Manager's memorandum suggests that
those spaces should be charged at $140.00 per space; however, based on the additional hours of
operation the fee should be $125 per month and if the Commission feels this is too high, then he
recommends a fee of$IOO.OO per space.
- 16-
03/21/06
At its meeting of February 28, 2006, the Parking Management Advisory Board
(PMAB) recommended no increases to the valet queue spaces at this time and re-evaluate the
fees for the next contract year at renewal (April 1, 2007 through March 31, 2008). Staff
recommends increasing the fees from $60.00 to $75.00 per space per month and approval of the
City Manager's recommendations.
Brief discussion by the Commission followed.
Mrs. Archer moved to approve increasing the monthly valet queue parking space
fees to $125.00 per space east of the Intracoastal. Vice Mayor Levinson passed the gavel to
Deputy Vice Mayor Ellis in order to second the motion. Upon roll call the Commission voted as
follows: Ms. McCarthy - No; Mrs. Ellis - No; Mrs. Archer - Yes; Vice Mayor Levinson - Yes.
Said motion FAILED with a 2 to 2 tie vote, Commissioner McCarthy and Commissioner Ellis
dissenting.
Mrs. Ellis moved to approve an increase in monthly valet queue parking space
fees to $140.00 per space per month east of the Intracoastal, seconded by Ms. McCarthy. Upon
roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - No; Vice Mayor
Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 3 to 1 vote, Commissioner
Archer dissenting.
Ms. McCarthy moved to approve an increase in monthly value queue parking
space fees from $60.00 to $75.00 per space per month west ofthe Intracoastal, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor
Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
9.D. AGREEMENT/IMAGE SPORTS MANAGEMENT. INC.: Consider
approval of an agreement with Image Sports Management, Inc., a member of the National Indoor
Football League, for use of the Tennis Stadium and other facilities, including parking lots, for the
Palm Beach Phantoms.
Robert A. Barcinski, Assistant City Manager, stated this is an agreement with
Image Sports Management, Inc., a member of the National Indoor Football League (NIFL) for
the use of the Tennis Stadium and other facilities, including parking lots, for the Palm Beach
Phantoms. Mr. Barcinski stated Sharon Painter is present this evening to address any questions
the Commission may have.
Vice Mayor Levinson asked whether or not the consents were obtained from the
other organizations that were listed. In response, the City Attorney stated staff has received
word that some of them are fine and recommended that staff approve the agreement subject to
obtaining the consents from other entities.
Mrs. Archer moved to approve the agreement with Image Sports Management,
Inc. (member of the NIFL) for the use of the Tennis Stadium and other facilities, including
parking lots, for the Palm Beach Phantoms, subject to obtaining the remaining consents from
other entities, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
- 17 -
03/21/06
Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said
motion passed with a 4 to 0 vote.
9.E. TREASURE COAST REGIONAL PLANNING COUNCIL/TOWN
PLANNING SERVICES: Consider a proposal from the Treasure Coast Regional Planning
Council for Town Planning Services associated with the Atlantic Plaza, Hotel Vista Del Mar, and
South Swinton Avenue Projects.
Ms. McCarthy moved to approve the proposal from Treasure Coast Regional
Planning Council for Town Planning Services associated with the Atlantic Plaza, Hotel Vista Del
Mar, and South Swinton Avenue projects, seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice
Mayor Levinson - Yes. Said motion passed with a 4 to 0 vote.
9.F. AGREEMENT/CGI COMMUNICATIONS. INC.: Consider approval of an
agreement with CGI Communications, Inc. to provide an online community video program for
the City.
The City Manager stated Doug Smith, Assistant City Manager, is in Maryland for
Hurricane Training Response and Recovery. The City Manager stated this is where FEMA has
their training for natural disasters.
Mrs. Ellis moved to approve the agreement with CGI Communications, Inc. to
provide an online community video program for the City of Delray Beach, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - No; Mrs. Archer - No;
Vice Mayor Levinson - No; Ms. McCarthy - No. Said motion was DENIED with a 4 to 0 vote.
9.G. SETTLEMENT OFFER IN PETERS v. CITY OF DELRAY BEACH:
Consider a Settlement Offer in the total amount of $15,000.00 in Peters v. City of Delray Beach.
Staff recommendation is acceptance.
The City Attorney stated this case arises out of an incident which occurred on
August 29, 1999 at the Blue Anchor Pub in Delray Beach. Staff recommends settlement in the
amount of$7,500.00 for each person or $15,000.00 subject to appropriate releases.
Mrs. Archer moved to approve the settlement offer in Peters v. City of Delray
Beach, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer-
Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed
with a 4 to 0 vote.
9.H. SETTLEMENT OFFER IN LU v. CITY OF DELRAY BEACH: Consider a
Settlement Offer in the amount of $20,000.00 in Lu v. City of Delray Beach. Staff
recommendation is acceptance.
The City Attorney stated this is a result of an automobile accident involving a
City of Delray Beach vehicle. The settlement is for $20,000.00 subject to appropriate releases.
- 18 -
03/21/06
Ms. McCarthy moved to approve the settlement offer in the amount of $20,000.00
in the Lu v. City of Delray Beach, seconded Mrs. Ellis. Upon roll call the Commission voted as
follows: Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer -
Yes. Said motion passed with a 4 to 0 vote.
9.1. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) regular member to the Neighborhood Advisory Council for Zone 6 for an
unexpired term ending October 31, 2008 and one (I) At Large Representative for an unexpired
term ending October 31, 2007. Based upon the rotation system, the appointments will be made
by Commissioner Archer (Seat #2) and Commissioner Levinson (Seat #3).
Mrs. Archer moved to appoint John Spalding II as a regular member to the
Neighborhood Advisory Council for Zone 6 for an unexpired term ending October 31, 2008,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy-
Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said motion passed with
a 4 to 0 vote.
Vice Mayor Levinson stated he wished to appoint Pamela Williams (Citizen-at-
Large) for Zone 6 for an unexpired term ending October 31, 2007. Ms. McCarthy so moved,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs.
Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4
to 0 vote.
9.J. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint one (1) regular member to the Parking Management Advisory Board to
represent the Old School Square Historic Arts District for a two (2) year term ending January 31,
2008. Based upon the rotation system, the appointment will be made by Commissioner Ellis
(Seat #1).
Mrs. Ellis moved to appoint Cecelia Boone as a regular member to the Parking
Management Advisory Board to represent the Old School Square Historic Arts District for a two
(2) year term ending January 31, 2008, seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 4 to 0 vote.
9.1{. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint one (1)
youth member to the Police Advisory Board for a two (2) year term ending December 13, 2007
and one (1) youth member for a three (3) year term ending December 13, 2008. Based upon the
rotation system, the appointments will be made by Commissioner Archer (Seat 2) and
Commissioner Levinson (Seat 3).
Mrs. Archer moved to appoint Altanese J ean- Louis as a youth member to the
Police Advisory Board for a three (3) year term ending December 13, 2008, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor
Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
- 19-
03/21/06
Vice Mayor Levinson asked if someone would move the name of Karen St. Fort
as a youth member to the Police Advisory Board for a two (2) year term ending December 13,
2007. Mrs. Archer so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted
as follows: Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer -
Yes. Said motion passed with a 4 to 0 vote.
At this point, the Commission moved to Item 13, Comments and Inquiries on
Non-Agenda Items.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A.
City Manae:er
The City Manager had no comments or inquiries on non-agenda items.
13.B.
City Attornev
The City Attorney commented about the moratorium ordinance and stated she
would like to leave the effective date as April 18, 2006 (when the second reading is expected to
be). The decision on what applications to accept prior to that time can be made one of two ways.
The Commission can accept applications until the passage of the ordinance. The City Attorney
stated if staff accepts the applications through April 18th (effective date of when the moratorium
would be) these applications would go through the typical process. The City Attorney stated
there is case law that says if there is really not a change in the law because it would not be
compatible anyway; the Commission would not have to accept the applications. She expressed
concern over the extra legal proof that the Commission would have to have about whether
something is compatible or not.
Vice Mayor Levinson stated we are accepting applications for those that would
not be subject to the moratorium and are not accepting applications for those that would be
subject to the moratorium. The City Attorney stated those applications that staff is not accepting
that would be subject to the moratorium, the city has the extra burden of proof to show the
compatibility and would like the Commission to be aware ofthis legal parameter.
B.C.
City Commission
13.C.1.
Mrs. Archer
Mrs. Archer stated she will not be attending the Board Appreciation Reception on
Friday, March 24,2006 because she will be out of town for her niece's wedding.
Secondly, she stated the Drug Task Force has been a valid and operating Mayor's
task force for the City of Delray Beach. Mrs. Archer stated she would like to ensure the
appointment of the liaison to the Drug Task Force is included with the appointments at the
Organizational meeting next Thursday. She stated this has been an informal task force; however,
she feels it is very important.
- 20-
03/21/06
She stated she is very pleased to have been serving on the Commission when the
workforce housing ordinances were approved.
Mrs. Archer stated if at all possible she would love to participate in the Treasure
Coast Regional Planning meetings and asked that the City Clerk inform her when the meetings
are scheduled.
13.C.2.
Mrs. Ellis
Mrs. Ellis had no comments or inquiries on non-agenda items.
13.C.3.
Ms. McCarthv
Ms. McCarthy stated the 14th Annual African-American Achievers Awards for
2006 sponsored by JM Family Enterprises, Inc. and Southeast Toyota Distributors will be held
on Thursday, March 30,2006 at 6:15 p.m. at the Broward County Convention Center. She stated
Mr. C. Ron Allen is one of the awardees for community service and she is extremely proud of
what he has done in helping the community as she is proud ofthe past Delray Beach awardees.
Secondly, she stated she received a telephone call over the weekend from a
Delray Beach resident who has been disturbed by much of the debris they are seeing not only on
vacant lots but also on front lawns, curb sides, etc. She stated they asked if something could be
done possibly through the neighborhood associations to work together in some type of awareness
or campaign and also make this type of situation available for people who need to do community
service to help keep the streets clean.
13.C.4.
Vice Mavor Levinson
Vice Mayor Levinson stated the Asian Festival this weekend was spectacular. He
stated the event was extremely well attended with approximately 5,000 people in attendance on
Saturday. He stated there was great food and the event was very impressive. In addition, Vice
Mayor Levinson noted that Palm Beach County Commissioner Koons and Commissioner
McCarty attended the event. Vice Mayor Levinson stated Commissioner Koons was very
complimentary of the wonderful things Delray Beach is doing and thanked Commissioner Koons
for his kind words.
Secondly, he stated he received a copy of the letter from Mr. Jim Kemp regarding
MacFarlane Drive and a couple of the areas near Miramar Street and Ingraham Avenue (near
Seagate) and has not heard back from anyone from the city. The City Manager stated he has sent
him a letter informing him that the city is working on this and has also sent a memo to the City
Attorney asking if the city can do anything to make them leave the gate open.
Lastly, Vice Mayor Levinson stated he received the Goals and Objectives for
Code Enforcement for the fiscal next year from Al Berg, Assistant Director of Community
Improvement. Vice Mayor Levinson stated it is great that there is now Saturday coverage and
Darcy Tyson, Code Enforcement Officer, is now on the Atlantic Avenue corridor in the
- 21 -
03/21/06
evenings. Vice Mayor Levinson suggested that this be placed on a Workshop Agenda because
he feels there are zero tolerance things that need to be considered because of the number of
repeat offenders.
Vice Mayor Levinson stated the Neighborhood Advisory Council (NAC) is
having a dinner for all of the Neighborhood Association Presidents and feels this is a good
opportunity to talk to them about C.E.R.T. Programs and the new Generator Relief Program, etc.
He suggested that a handout be distributed at this dinner so these concerns can be addressed.
Ms. McCarthy stated this is a marvelous idea; however, she would also like to see this
implemented in the neighborhoods where we have had reoccurring problems for years and years.
There being no further business, Vice Mayor Levinson declared the meeting
adjourned at 8:05 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on March 21,
2006, which Minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they are not
the official Minutes of the City Commission. They will become the official Minutes only after
review and approval which may involve some amendments, additions or deletions as set forth
above.
- 22-
03/21/06
..
~
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
WAIVER REQUESTED BY 5TH AVENUE FLATS
1. These waiver requests came before the City Commission on March 6,
2006.
2. The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the waiver requests of 5th
Avenue Flats. All of the evidence is part of the record in this case.
3. Waivers: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver,
the approving body shall make a finding that the granting of the waiver:
(a) shall not adversely affect the neighboring area;
(b) shall not significantly diminish the provision of public facilities;
(c) shall not create an unsafe situation; and
(d) does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on other
property for another applicant or owner.
4. Stackina Distance: Per LDR Section 4.6.9(D)(3)(c)(I), the minimum
stacking distance between a right-of-way and the first parking space or aisle way in a
parking lot that has 21-50 parking spaces shall be 20 feet. The proposed stacking
distances for the car parking at the south entrances (NE 2nd Street) are 15' and for the
east entrance (NE 5th Avenue) is 17'.
Should the waiver be granted for the stacking distance?
Yes 3 No 0
5. Siaht Visibilitv Trianale at the Intersection of the Garaae Drivewavs and
the Riaht-of-Wav for the NE 5th Avenue Garaae Entrance: Pursuant to LDR Section
4.6.14(A)(1), a 20 foot sight visibility triangle is required at the intersection of the garage
driveways and the public right-of-way. The applicant shows the required 20 foot sight
:If l-h'l q. A ,
..
..
visibility triangles but has a 4 foot by 2 foot column and landscaping obstructing the view
on NE 5th Avenue. The applicant requests the waiver to allow these obstructions in the
sight visibility triangle for the NE 5th Avenue garage entrance.
Should the waiver be granted?
Yes 4 No 0
6. Sieht Visibility Trianele at the Street Intersection of NE 2nd Street and NE
5th Avenue: Pursuant to LOR Section 4.6.14(A)(2), a 40 foot sight triangle is required at
the intersection of NE 2nd Street and NE 5th Avenue. There is a 45 foot visibility triangle
shown but the triangle was measured incorrectly from the curb lines for NE 2nd and NE
5th instead of from the property lines, thus, the triangle is actually encroaching five (5)
feet into the proposed building footprint.
Should the waiver be granted?
Yes 4 No 0
7. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the original site plan was submitted.
8. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses which supports the findings set forth in this Order.
9. Based on the entire record before it, the City Commission approves x
denies _ the waiver requests and hereby adopts this Order this 21 st
day of
March, 2006, by a vote of 4 in favor and
A~~.~
Chevelle Nubin
City Clerk
2
MARCH 30. 2006
DELRAY BEACH CITY COMMISSION
ANNUAL ORGANIZATIONAL MEETING
(1) Call to Order/Roll Call.
The annual organizational meeting of the City Commission of the City of Delray Beach,
Florida was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall
at 6:00 p.m. on Thursday, March 30, 2006.
Roll call showed:
Commissioner Patricia Archer
Commissioner Rita Ellis
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent:
None
Also present were:
David T. Harden, City Manager
Susan Ruby, City Attorney
Chevelle D. Nubin, City Clerk
(2) The Pledge of Allegiance to the Flag was given.
At this point, Commissioner McCarthy and Commissioner Archer were presented with
farewell plaques by Mayor Perlman, and each gave their outgoing comments.
(3) Oath of Office administered to Newly-Elected City Commission Members.
The City Clerk administered the Oath of Office to Commissioner Fred B. Fetzer (Seat #2),
and Commissioner Brenda B. Montague (Seat #4).
(4) Roll Call Newly Sworn-In Commission.
The City Clerk called the roll of the Commission after newly-elected City Commission
Members were sworn in.
Roll call showed:
Commissioner Rita Ellis
Commissioner Fred B. Fetzer
Commissioner Jon Levinson
Commissioner Brenda B. Montague
Mayor Jeff Perlman
Absent:
None
(5) Selection of Vice-Mayor (for the term March 31,2006 through March 29, 2007).
Commissioner Levinson moved to appoint Commissioner Ellis as Vice-Mayor of the City of
Delray Beach for the term March 31, 2006 through March 29, 2007, seconded by
Commissioner Montague. Upon roll call the Commission voted as follows: Commissioner
Fetzer - Yes; Commissioner Levinson - Yes; Commissioner Montague - Yes; Mayor
Perlman - Yes; Commissioner Ellis - Yes. Said motion passed with a 5 to 0 vote.
(6) Selection of Deputy Vice-Mayor (for the term March 31, 2006 through March 29,
2007) .
Commissioner Ellis moved to appoint Commissioner Fetzer as Deputy Vice-Mayor of the
City of Delray Beach for the term March 31, 2006 through March 29, 2007, seconded by
Commissioner Levinson. Upon roll call, the Commission voted as follows: Commissioner
Levinson - Yes; Commissioner Montague - Yes; Mayor Perlman - Yes; Commissioner Ellis
- Yes; Commissioner Fetzer - Yes. Said motion passed with a 5 to 0 vote.
(7) Review and Acceptance of regularly scheduled City Commission Meeting dates for
the period April 2006 through March 2007.
Commissioner Ellis moved to reschedule the July City Commission Meetings to July 11,
2006 for the 1st Regular Meeting, July 18,2006 for the Workshop Meeting, and July 25, 2006
for the 2nd Regular Meeting; this would avoid a Commission meeting falling on the July 4th
holiday, seconded by Commissioner Fetzer. Upon roll call the Commission voted as
follows: Commissioner Montague - Yes; Mayor Perlman - Yes; Commissioner Ellis - Yes;
Commissioner Fetzer - Yes; Commissioner Levinson - Yes. Said motion passed with a 5 to
o vote.
It was the consensus of the Commission to revisit the March 6, 2007 meeting date at a later
time, pending the scheduling of Palm Beach County Days.
2
Annual Organizational Meeting
March 30, 2006
(8) Establish a date for the 2007 Goal Setting Session.
Commissioner Ellis moved to select Wednesday, April 11, 2007 as the date the Commission
will meet with Lyle Sumek for the 2007 Goal Setting Session, seconded by Commissioner
Levinson. Upon roll call, the Commission voted as follows: Mayor Perlman - Yes;
Commissioner Ellis - Yes; Commissioner Fetzer - Yes; Commissioner Levinson - Yes;
Commissioner Montague - Yes. Said motion passed with a 5 to 0 vote.
(9) Review and Adoption of Rules of Procedure - Delray Beach City Commission (Local
Rules).
Commissioner Ellis moved to approved the Rules of Procedure (Local Rules) as submitted,
then amended her motion to include the amended portion of Section II.A.8.g to state "when
agreed by consensus of the City Commission", seconded by Commissioner Montague.
Upon roll call, the Commission voted as follows: Commissioner Ellis - Yes; Commissioner
Fetzer - Yes; Commissioner Levinson - Yes; Commissioner Montague - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
(10) Review and Adoption of Procedures for Quasi-Judicial Hearings.
Commissioner Levinson moved to adopt the Procedures for Quasi-Judicial Hearings as
presented, seconded by Commissioner Ellis. Upon roll call the Commission voted as
follows: Commissioner Fetzer - Yes; Commissioner Levinson - Yes; Commissioner
Montague - Yes; Mayor Perlman - Yes; Commissioner Ellis - Yes. Said motion passed with
a 5 to 0 vote.
(11) Review of City Commission Liaison Appointments to various Advisory Boards and
outside agencies.
Commission reviewed the assigned liaisons from Boards and Outside Agencies and amended
the liaison appointments (a copy of the amended assignments is attached as part of the
minutes).
Mr. Harden, City Manager noted Commissioner Archer had requested a formal replacement
be selected for the Drug Task Force.
(12) RESOLUTION NO. 17-06: Approve Resolution No. 17-06, a written notice of objection
to the Palm Beach County requirement that in order to qualify for Traffic Performance
exceptions, workforce housing must be provided in accordance with County requirements.
Commissioner Levinson explained the reasons behind Resolution No. 17-06 in that the City
of Delray Beach is objecting to the possibility Palm Beach County could dictate the City's
Land Use.
3
Annual Organizational Meeting
March 30, 2006
Commissioner Levinson moved to approve Resolution No. 17-06, seconded by
Commissioner Ellis. Upon roll call, the Commission voted as follows: Commissioner
Levinson - Yes; Commissioner Montague - Yes; Mayor Perlman - Yes; Commissioner Ellis
- Yes; Commissioner Fetzer - Yes. Said motion passed with a 5 to 0 vote.
(13) Commission Comments.
Commissioner Ellis welcomed the new Commissioners and then stated she had enjoyed
working with both Commissioner Archer and Commissioner McCarthy, and she will miss
them.
Commissioner Levinson thanked both Commissioner Archer and Commissioner McCarthy,
wished them well, and welcomed the new Commissioners.
Commissioner Fetzer stated he was honored to be on the City Commission, and extended
his appreciation to Commissioner Archer and Commissioner McCarthy for their
accomplishments. He expressed his appreciation to those who provided support during his
campaign, especially his wife Paulette.
Commissioner Montague expressed her appreciation to all that helped her in her candidacy
and to her husband Rod Montague. She promises to do as much as she can for as long as
she can to the best of her ability, and is honored to be a Commissioner for the City of
Delray Beach.
Mayor Perlman stated he would like to welcome both new Commissioners. He commented
on issues within the City. The Park Bonds are still being implemented; there are very
interesting plans for Congress A venue, as well as, an exciting future cultural plan for the
City. One of Mayor Perlman's concerns is a need to improve communication, and he
advised the new Commissioners to expect the unexpected. He is looking forward to the
new April Goal Setting Session in order to come up with a game plan and finish off some of
the projects Commissioner Archer and Commissioner McCarthy helped the City achieve.
He then welcomed both new Commissioners.
There being no further business, the meeting was adjourned at 7:06 p.m.
City Clerk
4
Annual Organizational Meeting
March 30, 2006
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the minutes of the Annual Organizational Meeting of the City Commission held
on March 30, 2006, which minutes were formally approved and adopted by the City Commission
on
City Clerk
NOTE TO READER: If the minutes you have received are not completed as indicated above,
this means they are not the official minutes of the City Commission. They will become official only
after review and approval by the City Commission which may involve amendments, additions or
deletions to the minutes as set forth above.
5
Annual Organizational Meeting
March 30, 2006
MEMORANDUM
FROM:
Mayor and City Commissioners
Chevelle D. Nubin, City Clerk@
TO:
SUBJECT:
DATE:
CITY COMMISSION LIAISON ASSIGNMENTS
March 31. 2006
Below is the list of City Commission Liaison assignments as amended at the March 30, 2006 Annual
Organizational Meeting.
BOARD
LIAISON
Community Redevelopment Agency
Commissioner Levinson
Primary Member
Commissioner Montague
Alternate Member
Public Art Advisoty Board
4th Monday at 5:30 p.m.
First Floor Conference Room, City Hall
Commissioner Montague
Dekay Beach Public Schools
City Commissioners adopt a Delray Beach Public School and sit on that School's Advisory
Committee. The Schools are:
Banyan Creek Elementary School
Spady Elementary School
Plumosa Elementary School
Pine Grove Elementary School
Orchard View Elementary School
Village Academy
Carver Middle School
Atlantic High School
Mayor Perlman
Commissioner Ellis
Commissioner Ellis
Mayor Perlman
Commissioner Montague
Commissioner Fetzer
Commissioner Fetzer
Commissioner Levinson
Downtown Development Authority
2nd Monday at 12:00 Noon
Chamber of Commerce
Commissioner Ellis
Education Board
1 'lMonday at 5:30 p.m.
First Floor Conference Room, City Hall
Commissioner Fetzer
Primary Member
Mayor Perlman
Alternate Member
Drug Task Force
3n1 Friday at 10:00 a.m.
Chiefs Conference Room, Police Department
General Employees Retirement
Committee
Meets as needed
Downtown Marketing Cooperative
2nd Thursday at 8:00 a.m.
Commission Chambers
Parking Management AdvisoQ' Board
4th Tuesday at 5:30 p.m.
First Floor Conference Room, City Hall
Police & Fire Board of Tmstees
3n1 Wednesday from 2-4 p.m. in
Training Room at Fire HQ or
Police Chiefs Conference Room
Sister Cities Committee
1st Thursday at 4:00 p.m.
First Floor Conference Room, City Hall
Page 2
Commissioner Ellis
Tom Lynch to continue
as Commission appointee
Commissioner Ellis
Commissioner Montague
Mayor Perlman
(The Mayor is a sitting member
Section 33.65 of the City Code)
Commissioner Fetzer
OUTSIDE AGENCY APPOINTMENTS
Palm Beach County League of Cities. Inc.
Governmental Center
301 North Olive Avenue
West Palm Beach 33402
Contact: James Titcomb, Exec. Director
(561) 355-4484
David T. Harden, City Manager
Board of Directors; Transportation/
Legislative Sub-Committee Chair
Commissioner Jon Levinson
Alternate Member
The Palm Beach County League of Cities, Inc. was chartered in 1969 as a non-profit corporation.
The purpose of the Palm Beach County League of Cities is to promote and advance the collective
interest of the municipalities of Palm Beach County; to study municipal issues and seek desired
results through cooperative efforts; to respect the principles of Home Rule; and to encourage and
enhance the quality of life of citizens of Palm Beach County.
The General Membership meets once per month (normally the 4th Wednesday) at 10:30 a.m. at
different host cities around the county. The Board of Directors meets once per month (normally
the 2nd Wednesday) at 10:00 a.m., 12th Floor Conference Room at the Governmental Center in West
Palm Beach.
Florida League of Cities. Inc.
301 S. Bronough Street, Suite 300 (32301)
Post Office Box 1757
Tallahassee, Florida 32302-1757
Contact: Scott Dudley, Sr. Legislative Advocate
(850) 222-9684
David T. Harden, City Manager
Transportation & Urban Administration
Policy Committee Member
Mayor Perlman
Florida League of Mayors
Member
Approved Liaison Assignments 3-30-06
Metropolitan Planning Organization
Of Palm Beach County
160 Australian Avenue, Suite 201
P. O. Box 21229
West Palm Beach 33416
Contact: Randy M. Whitfield, P.E. Director
(561) 684-4170
or Paul Dorling (City staff)
(561) 243-7040
Page 3
Commissioner Levinson
Primary Member
Commissioner Montague
Alternate Member
The Metropolitan Planning Organization of Palm Beach County was created pursuant to Chapter
339.175 of the Florida Statutes. Their objectives are to encourage and promote the safe and
efficient management, operation and development of surface transportation systems that will serve
the mobility needs of people and freight within the trough urbanized areas of Palm Beach County
while minimizing transportation related fuel consumption and air pollution. The MPO is charged
with the development of short-range (5 year) and long-range (20 year) transportation plans and
programs.
MPO Board (elected officials) meets on the 3rd Thursday of the month at 9:00 a.m., 12th floor
Conference room at the Governmental Center. Technical Advisory Committee (fAC, staff
subcommittee) meets on the 1st Wednesday of the month at 9:00 a.m. at 160 Australian Avenue in
the 3rd floor Conference Room.
Liaison to State Representatives
Anne Gannon, District 86
Adam Hasner, District 87
Liaison to State Senators
Jeffery Atwater, District 25
M. "Mandy" Dawson, District 29
Ron Klein, District 30
Liaison to United States Representatives
E.Clay Shaw, Jr., District 22
Robert Wexler, District 19
Alcee L. Hastings, District 23
Intergovernmental Coordination Issues
Forum
Lantana Council Chambers
500 Greynolds Circle
Lantana, 33405
Contact: Ana Yeskey
9835-16 Lake Worth Road, Suite 223
Lake Worth 33467
(561) 434-2575
Mayor Perlman
Mayor Perlman
Commissioner Ellis
Commissioner Montague
Mayor Perlman
Mayor Perlman
Commissioner Levinson
Commissioner Montague
Commissioner Levinson
Primary Member
Mayor Perlman
Alternate Member
Paul Dorling
City Staff Member
Approved Liaison Assignments 3-30-06
Page 4
The Intergovernmental Coordination Issues Forum reviews and makes recommendations on issues
of multi-jurisdictional significance, such as school concurrency, county wide fire rescue services, and
countywide library services. The intent is to have municipalities work together on issues of
countywide concern or impact and to assist in the resolution of any disputes which may arise
between local governments. The Issues Forum meets on a quarterly basis. The meetings are
scheduled for March 30, 2006; August 31,2006; and November 30,2006.
The Executive Committee meets at 9:30 a.m., Issues Forum at 10:30 a.m. and IP ARC at 1 :30 p.m. in
the Lantana Council Chambers.
Sl Agenda 2J.KJ61 Approved lWson Assignmenls Amended
Approved Liaison Assignments 3-30-06
WHEREAS, 103 full-time employees work in the Parks and Recreation
Department within the three Divisions of Parks Maintenance, Recreation, and
Ocean Rescue; and
WHEREAS, the Department has developed performance measures to
identify exceptional employees within these three Divisions based on their job
duties, responsibilities, and volunteer service in the community; and
WHEREAS, James Scala from the Ocean Rescue Division, Angel
Rodriguez from the Parks Maintenance Division, and Matthew Carbone from
the Administrative/Recreation Division were chosen the TOP EMPLOYEES of
their respective Divisions; and
WHEREAS, James Scala was selected as the recipient of the Parks and
Recreation Department EMPLOYEE OF THE YEAR AWARD for 2005.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and
commend
JAMES SCALA
PARKS and RECREATION
EMPLOYEE OF THE YEAR 2005
for his dedication and service to the community of Delray Beach and the Parks and
Recreation Department.
In addition, I do hereby recognize and commend
ANGEL RODRIGUEZ and MATTHEW CARBONE
PARKS and RECREATION
TOP EMPLOYEES OF THE YEAR 2005
on a job well done for the Parks and Recreation Department and the City of Delray
Beach.
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 4th day of April,
2006.
JEFF PERLMAN
MAYOR
cA
cPv1
19f\
..
Date: March 28, 2006
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
_Consent Agenda LRegular Agenda _Workshop Agenda _Special Agenda
When: April 4. 2006
Description of Agenda Item (who, what, where, how much): Request approval
of and Mayor's signature on a Proclamation honoring the Parks and Recreation
Department's Employee of the Year 2005 and the two runners-up.
City Attorney Revi
w-~
Department Head
Signature:
ecornmendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes I No Initials:
Account Number
. Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: MNO Initials: M
Hold U nti!:
Agenda Coordinator Review:
Received:
~
.
PROCLAMATION
WHEREAS, 103 full-time employees work in the Parks and Recreation
Department within the three Divisions of Parks Maintenance, Recreation,
and Ocean Rescue; and
WHEREAS, the Department has developed performance measures to
identify exceptional employees within these three Divisions based on
their job duties, responsibilities, and volunteer service in the
community; and
WHEREAS, James Scala from the Ocean Rescue Division, Angel
Rodriguez from the Parks Maintenance Division, and Matthew Carbone from
the Administration/Recreation Division were the top employees of their
respective Divisions; and
WHEREAS, James Scala was selected as the recipient of the Parks and
Recreation Department Employee of the Year Award for 2005,
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby recognize and
commend James Scala for his dedication and service to the community of
Delray Beach and recognize and commend Angel Rodriguez and Matthew
Carbone on a job well done for the Parks and Recreation Department and
the City of Delray Beach.
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
4th day of April, 2006.
MAYOR
Jeff Perlman
WHEREAS, public works services provided in our community are an integral part
of our citizens' everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the
efficient operation of public works systems and programs such as water, sewers, streets
and highways, public buildings, solid waste collection, parks, and canal maintenance;
and
WHEREAS, the health, safety, and comfort of this community greatly depends on
these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their
planning, design, and construction, is vitally dependent upon the efforts and skill of
public works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff
public works functions is materially influenced by the people's attitude and
understanding of the importance of the work they perform; and
WHEREAS, this year's theme is: "Public Works: The Heart of Every
Community". We depend on the men and women who are always there and always
ready.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby proclaim the week of May 21
through May 26, 2006 as
NATIONAL PUBLIC WORKS WEEK
in Delray Beach, Florida, and urge all citizens and civic organizations to acquaint
themselves with the issues involved in providing our public works and to recognize the
contributions which public works officials make every day to our health, safety, comfort,
and quality of life.
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 4th day of April, 2006.
JEFF PERLMAN
MAYOR
~
t9E>
\
Dk
1\. or1
~
i
I,
Mr. Pat Overton
APW A District 1 Representative
601 Highway 297 A
Cantonment, Florida 32533
~ECEIVED
FfR 2 "3 Z006
en.v MANAGER
.;4ffll.J'iean ~u6lie ro~J'ks ;4ss~eial.i~n
<gl~J'i~a Chapl.l.J'
February to, 2006
.:;,"7
City Manager
City ofDelray Beach
100 N.W. 1st AVe.
Delray Beach, Florida 33444-2698
Dear SirlMadam,
The 2006 American Public Works Weekwill be May 21-May 26. American pUblic
Works Association (APW A) invites your county/city to participate.
Proclamations from the individual Florida counties/cities will be on display at the APW A
Annual Meeting, May 8 through May 12, 2006, so you have the opportunity to submit a
proclamation for your locale. This is the time to recognize your organization's effort and
inform your citizens of your endeavor toward their heahh, safety, and comfort. For your
convenience, please find enclosed a sample proclamation for your perusal, which can be
edited to fit! describe your needs. If you decide to participate, once the proclamation is
prepared, please provide a copy to me for display at the APW A booth in Tallahassee,
Florida, during the APW A Annual Meeting.
If! can provide additional information, please contact me at your earliest convenience to
enable you to submit your proclamation in a timely manner. Thank you for your
consideration in this program.
Sincerely,
~ f}.u~~
Pat Overton
APW A District 1 Representative
Public Works Week Committee Chairman
Enclosure (1)
www.florida.apwa.net
Proclamation
City of
Office of the Mayor
proclamation
Whereas. pubUc works services provided in our community are an integral part of
our citizens' everyday lives; and
Whereas, the support of an unde"",nding and informed citizenry is vital to the
efficient operation of public works systems and programs such as water, sewers,
streets and highways, public buildings, and solid waste collection; and
Whereas, the health, safety and comfort of this community greatly depends on
these facilities and services; and
Whereas. the quality and effectiveness of these fadllt;... as well as their planning,
design, and construction, is vitally dependent upon the efforts and skill of pubUc
works officials; and
Whereas, the effidency of the quaUfied and dedicated personnel who staff
pubUc works departments ;s materially ;nfluenced by the people's attitude and
understanding of the importance of the work they perform,
Now, therefore, \,
Mayor of the City of ~
do hereby proclaim the week of as
"National Public works Week"
-J
in The City of ~ and I call
upon all citizens and d.;c organizations to acquaint themselves with the issues
involved ;n providing our pubUc works and to recognize the contributions which
pubUc works officials make every day to our health, safety, comfort. and quality of
life.
Given under my hand and Seal of the City of
_ this - day of
Mayor
~~=
-'
,,';' "i\''"<
fJMf1JliIYJM, puhlie uJo'fia ~~
WHEREAS, the Holocaust was the state-sponsored, systematic persecution and
annihilation of European Jewry by Nazi Germany and its collaborators between 1933
and 1945. Jews were the primary victims - six million were murdered; Gypsies, the
handicapped, and Poles were also targeted for destruction or decimation for racial,
ethnic, or national reasons. Millions more, including homosexuals, Jehovah's
Witnesses, Soviet prisoners of war and political dissidents, also suffered grievous
oppression and death under Nazi tyranny; and
WHEREAS, the history of the Holocaust offers an opportunity to reflect on the
moral responsibilities of individuals, societies, and governments; and
WHEREAS, we the people of the City of Delray Beach, Florida, should always
remember the terrible events of the Holocaust and remain vigilant against hatred,
persecution, and tyranny; and
WHEREAS, we the people of the City of Delray Beach, Florida, should actively
rededicate ourselves to the principles of individual freedom in a just society; and
WHEREAS, the Days of Remembrance have been set aside for the people of the
City of Delray Beach, Florida, to remember the victims of the Holocaust as well as to
reflect on the need for respect of all peoples; and
WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7,
1980) the United States Holocaust Memorial Council designates the Days of
Remembrance of the Victims of the Holocaust to be Sunday, April 23 through Sunday,
April 30, 2006, including the international Day of Remembrance known as Yom
Hashoah, April 25,2006.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission do hereby proclaim the week of Sunday, April
23 through Sunday, April 30. 2006 as
DAYS OF REMEMBRANCE
in memory of the victims of the Holocaust, and in honor of the survivors, as well as the
rescuers and liberators, and further proclaim that we, as citizens of the City of Delray
Beach, Florida, should strive to overcome intolerance and indifference through learning
and remembrance.
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 4th day of April, 2006.
JEFF PERLMAN
MAYOR
D/<
uM
fs2~
DI\
W\
Dear Mayor:
f'
I.!
j,
/:';
MAR I 7 2U11G I
(~! "~)'1 I
The U. S. Congress established the Days of Remembrance as our nation's annual
commemoration of the victims ofthe Holocaust and created the United States
Holocaust Memorial Museum as a permanent living memorial to those victims.
In accordance with its Congressional mandate, the Museum will again lead the
nation in the annual Days of Remembrance of the Victims of the Holocaust. This
year's observances will take place from Sunday, April 23 through Sunday, April
30,2006. The Day of Remembrance, Yom Hashoah, is April 25.
The Museum has designated "Legacies of Justice" as the theme for the 2006
Days of Remembrance in honor of the courage of, and the precedents set by, those
who testified during the trials of Nazi war criminals at Nuremberg and other
locations immediately after World War II. The theme also pays tribute to those
who work tirelessly for the cause of justice, both then and now. Reflection on the
prosecution of Nazi perpetrators reminds us that we must take action to prevent
atrocities and vigorously pursue justice for the victims of such acts of hatred and
inhumanity.
We respectfully encourage you to commemorate the Days of Remembrance with
appropriate ceremonies and programs and to issue, as your office has done in the
past, a special Days of Remembrance Proclamation for distribution to your
constituents. A sample is enclosed for your consideration along with a
background piece on the theme is enclosed. For further information on Days of
Remembrance you may wish to visit the Museum's web site at www.ushmm.org.
Situated among our national monuments to freedom, the Museum is both a
memorial to the past and a living reminder of the moral obligations of individuals
and societies. Through educational activities, programs for leaders, and global
outreach, the Museum works to ensure that all generations, now and in the future,
learn the timely and urgent lessons of the Holocaust.
In today's troubled world the lessons of the Holocaust are more urgent than ever.
We are grateful for your leadership and support in this important endeavor.
Sincerely,
Fred S. Zeidman
Chairman
Sara Bloomfield
Director
Enclosures
100 RAOUL WALLENBERG PLACE, SW, WASHINGTON, OC 20024-2126 TEL 202.488.0400 FAX 202.488.2690 www.ushmm.org
The language suggested below is based on messages and proclamations sent to the
United States Holocaust Memorial Museum's Days of Remembrance Program by public
officials. Actual wording is the prerogative of the official who issues the document.
SAMPLE CIVIC PROCLAMATION
FOR THE DAYS OF REMEMBRANCE
Sunday, April 23 through Sunday, April 30, 2006
"FROM LIBERATION TO THE PURSUIT OF JUSTICE"
. Whereas, the Holocaust was the state-sponsored, systematic persecution and
annihilation of European Jewry by Nazi Germany and its collaborators between
1933 and 1945. Jews were the primary victims - six million were murdered;
Gypsies, the handicapped, and Poles were also targeted for destruction or
decimation for racial, ethnic, or national reasons. Millions more, including
homosexuals, Jehovah's Witnesses, Soviet prisoners of war and political
dissidents, also suffered grievous oppression and death under Nazi tyranny.
. Whereas, the history of the Holocaust offers an opportunity to reflect on the moral
responsibilities of individuals, societies, and governments; and
. Whereas, we the people of the City of should always remember the
terrible events of the Holocaust and remain vigilant against hatred, persecution,
and tyranny, and
. Whereas, we the people of the City of should actively rededicate
ourselves to the principles of individual freedom in a just society; and
. Whereas, the Days of Remembrance have been set aside for the people of the City
of to remember the victims of the Holocaust as well as to reflect on
the need for respect of all peoples; and
. Whereas, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980)
the United States Holocaust Memorial Council designates the Days of
Remembrance ofthe Victims of the Holocaust to be Sunday, April 23 through
Sunday, April 30, 2006 including the international Day of Remembrance known
as Yom Hashoah, April 25;
Now, therefore, I ,Mayor of , do hereby proclaim the week
of Sunday, April 23 through Sunday, April 30, 2006 as Days of Remembrance in
memory of the victims of the Holocaust, and in honor of the survivors, as well as the
rescuers and liberators, and further proclaim that we, as citizens of the City of
, should strive to overcome intolerance and indifference through learning and
remembrance.
"Legacies of Justice"
Days of Remembrance
April 23-30, 2006
HA single landmark of justice and honor does not make a world of peace. "
Former U.S. Secretary of War Henry Stimson
January 1947
The United States Congress established the Days of Remembrance as our nation's annual
commemoration of the victims of the Holocaust, and created the United States Holocaust Memorial
Museum as a permanent living memorial to those victims.
This year, the Days of Remembrance fall between Sunday, April 23 and Sunday, April 30, 2006,
with Holocaust Remembrance Day observed on April 25. The theme for this year's commemoration is
"Legacies of Justice," in honor ofthe courage of, and the precedents set by, those who testified during the
trials of Nazi war criminals. The theme also pays tribute to those who tirelessly work for the cause of
justice, both then and now. Today, more than ever before, individual and communal willingness to seek
justice after the Holocaust serves as a powerful example of how our nation can - and must - respond to
unprecedented crimes. We must vigorously pursue justice for the victims of such acts of hatred and
inhumanity, not only for their sake but for the sake of present and future generations.
The Holocaust was an unprecedented crime - millions of murders, wrongful imprisonments, and
tortures, rape, theft, and destruction. In the immediate aftermath of the Holocaust, the world was faced
with a challenge - how to seek justice for an almost unimaginable scale of criminal behavior. The
International Military Tribunal (IMT) held at Nuremberg, Germany, attempted to meet this immense
challenge on a legal basis. This year, we mark the 60th anniversary of the IMT, a watershed moment in
international justice. The commemoration of this anniversary coincides with numerous atrocities
perpetrated in our world today - crimes that again challenge us to ask: can justice ever be done?
Nazi Germany planned and implemented the Holocaust under the cover of World War II. It was in
this context that the IMT was created, a trial of judgment for war crimes. The IMT was not a court
convened to mete out punishment for the Holocaust alone. The tribunal was designed to document and
redress crimes committed in the course of the most massive conflict the world has ever known.
The Holocaust was, in the legal language of the IMT, "a crime against humanity." Convened within
months of the end of the war, from November 20, 1945 until the verdicts were delivered on October 1,
1946, the tribunal at Nuremberg set precedents: in international law, in documentation ofthe historical
record - in seeking some beginning, however inadequate, in a search for justice.
While many top Nazi leaders, including Hitler, Himmler, and Goebbels, committed suicide in the
final days of the Nazi regime, twenty-one major war criminals were prosecuted in what would become the
best-known post-World War II trial, the International Military Tribunal (IMT) held at the Palace of Justice
in Nuremberg, Germany. Convened by the Allied powers-the United States, Great Britain, France, and the
Soviet Union--IMT prosecutors based their case primarily on documents written by the Germans
themselves. Nevertheless, courageous Holocaust survivors offered critical testimony before the IMT.
David Wajnapel, a Polish Jew, provided evidence about the death march from the Majdanek camp. Shmuel
Rajzman, a Polish Jew deported to Treblinka in August 1942, offered firsthand descriptions ofthe
operation of that killing center. Members ofliberating armies also testified at the trial. Capt. John Barnett,
and other officers from the U.S. Army Signal Corps, testified to the authenticity of photos taken when their
troops overran concentration camps.
By its charter, the IMT was given the authority "to try and punish persons who acting in the interest
of the European Axis countries" committed one of these four newly-defined categories of crime:
. Count One: conspiracy-engaging in a conspiracy to commit crimes against the peace, war
crimes, and crimes against humanity. The conspiracy charge and the indictment of specific German
and Nazi organizations as defendants before the tribunal set a legal framework for future
prosecution of individuals belonging to those organizations that the Tribunal judged to be criminal.
. Count Two: crimes against peace--planning and waging aggressive war.
noted Nazi hunter, in 1971 tracked down Klaus Barbie, who had been responsible for the arrest and
deportation of Jews from France.
Evidence collected for the IMT pointed to a man named Adolf Eichmann as the key figure behind
the planning and implementation of the "Final Solution" to murder the Jews of Europe. Eichmann had
eluded capture after the war. In 1960, Eichmann was living in Argentina with his wife and three sons,
when Israeli agents kidnapped him and flew him to Israel to stand trial. During the trial in Jerusalem,
numerous survivors testified about their experiences during the Holocaust. Mordechai Ansbacher, a
German Jewish teenager at the time of his deportation, testified about conditions in the Theresienstadt
ghetto. Aviva Fleishmann testified about the deportation of Hungarian Jews to the Auschwitz killing center
and about forced marches from Budapest into southern Austria. The impassioned statements of ghetto
fighters such as Zivia Lubetkin and Jewish partisan fighters like Abba Kovner generated interest in Jewish
armed resistance. The trial also prompted a new openness among many Holocaust survivors, some of
whom for the first time felt empowered to share their experiences with a new generation.
Eichmann was indicted on IS counts, including crimes against humanity and crimes against the
Jewish people. He was found guilty on all counts and sentenced to death, the only time the State ofIsrael
has invoked capital punishment. The televised Eichmann trial provoked international attention and
controversy as well as a reexamination not only of the crimes of the Holocaust, but also of the perpetrators,
and the very nature of evil.
Today, 60 years after the IMT, the body of international law addressing crimes against humanity
has grown dramatically. There are now special international tribunals for the former Yugoslavia and for
genocide in Rwanda. The framework, and the guiding vocabulary, for these courts rests in significant part
on legal precedents established at Nuremberg.
The search for justice requires more than punishment ofthe guilty. We honor the memory of those
who suffered and perished during the Holocaust by working towards a world of justice and peace. Drawing
attention to the voices of victims of oppression and genocide - whether they be Holocaust survivors or
those fleeing the genocide taking place today in Darfur, Sudan - is one of the chief legacies of the justice
sought at Nuremberg.
January 12, 1951
United Nations Convention on the Prevention and Punishment of the Crime
of Genocide enters into force.
June 1, 1962
Following his conviction for crimes against the Jewish people, Adolf
Eichmann is executed in Jerusalem.
December 1970
Franz Stangl sentenced to life in prison by a court in Germany for crimes
committed during his tenure as commandant of Treblinka.
July 4, 1987
A French court finds Klaus Barbie guilty of crimes against humanity and
sentences him to life in prison.
April 1994
Extremist leaders of Rwanda's Hutu majority launch a campaign of
extermination against the country's Tutsi minority.
September 2, 1998
The International Criminal Tribunal for Rwanda issues the world's first
conviction for genocide when Jean-Paul Akayesu was judged guilty of
genocide and crimes against humanity for acts he engaged in and oversaw as
mayor of the Rwandan town of Taba.
September 9, 2004
US Secretary of State Colin Powell testifies before the
Senate Foreign Relations Committee that "genocide has
been committed in Darfur."
HOLOCAUST REMEMBRANCE DAY
2006 - 2015
Holocaust Remembrance Day is a day that has been set aside for remembering the victims of the
Holocaust and for reminding Americans of what can happen to civilized people when bigotry,
hatred and indifference reign. The United States Holocaust Memorial Council, created by act of
Congress in 1980, was mandated to lead the nation in civic commemorations and to encourage
appropriate Remembrance observances throughout the country. Observances and Remembrance
activities can occur during the week of Remembrance that runs from the Sunday before through
the Sunday after the actual date.
While there are obvious religious aspects to such a day, it is not a religious observance as such.
The internationally-recognized date comes from the Hebrew calendar and corresponds to the 27th
day of Nisan on that calendar. That is the date on which Israel commemorates the victims of the
Holocaust. In Hebrew, Holocaust Remembrance Day is called Yom Hashoah.
2006 Tuesday, April 25
2007 Sunday, April 15
2008 Thursday, May 1
2009 Tuesday, April 21
2010 Sunday, April 11
2011 Sunday, May I
2012 Th~day,April 19
2013 Sunday, April 7
2014 Sunday, April 27
2015 Thursday, April 16
The Holocaust is not merely a story of destruction and loss; it is a story of an apathetic world and
a few rare individuals of extraordinary courage. It is a remarkable story of the human spirit and
the life that flourished before the Holocaust, struggled during its darkest hours, and ultimately
prevailed as survivors rebuilt their lives.
We encourage you to join with the United States Holocaust Memorial Museum in observing the
Days of Remembrance. For further information, please contact: Days of Remembrance, United
States Holocaust Memorial Museum, 100 Raoul Wallenberg Place, S.W., Washington, DC
20024 or see the Museum's web page at www.ushmm.org.
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ f\ - REGULAR MEETING OF APRIL 4.2006
AMENDMENT NO. l/MAE VOLEN SENIOR CENTER, INC.
TO:
FROM:
DATE:
MARCH 31, 2006
Approve Amendment No.1 to the Business Lease Agreement with the Mae Volen Senior Center, Inc.
to extend the operation of the Alzheimer's Center to September 21, 2006.
The original'lease with the Mae V olen Senior Center, Inc. for the Alzheimer's Center provided that
the Mae V olen Senior Center may not enter into any new or modified renewal agreements with clients
beyond March 31, 2006. Amendment No. 1 allows for the extension of the operation of the
Alzheimer's Center to the end of the lease, September 21,2006.
Recommend approval of Amendment No.1 to the Business Lease Agreement with the Mae Volen
Senior Center, Inc. to extend the operation of the Alzheimer's Center to September 21, 2006.
S:\City Clerk\agenda memos\CM Amend 1 Mae Volen040406
[ITY DF DELIAY IEA[H
DElRAY BEACH
100 N W. 1 5t AVENUE
DELRAY BEACH, FLORIDA 33444
561/243-7000
D.fD:II
All-America City
, III I!
1993
2001
MEMORANDUM
TO:
David Harden, City Manager
FROM:
Joe Weldon, Director of Parks and Recreation
SUBJECT: Mae Volen Lease
DATE:
March 22, 2006
The original lease with Mae Volen Senior Center for the Alzheimer's
Center provided that they may not enter into any new or modified renewal
agreements with clients beyond March 31, 2006. While reviewing the site
plan for the new Senior Center, I felt City Commission was interested in
allowing Mae Volen to operate the Alzheimer's Center past this deadline.
Mae Volen would like to continue to operate the Alzheimer's Center, and I
have requested the City Attorney's office to prepare an amendment which
modifies the original lease.
Please place this on the April 4, 2006 agenda for City Commission
consideration.
cc: Susan Ruby, City Attorney
Carolanne Kucmerowski, Agenda Coordinator
Ref:dhmvext
@ Pnnted on Recycled Paper
THE EFFORT ALWAYS MATTERS
[ITY DF DEL AY
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE 0 DELRAY BEACH, FLORIDA 33444
TELEPHONE: 561/243-7090' FACSIMILE: 561/278-4755
DELRA Y BEACH
f l 0 . I 0 ...
b:.ed
All-America City
" II J! DATE:
Writer's Direct Line: 561/243-7091
MEMORANDUM
February 16, 2006
1993 TO:
2001
Joe Weldon, Director of Parks and Recreation
FROM: Susan A. Ruby, City Attorney
SUBJECT: Alzheimer's Business Lease
The business lease provides that they may not enter into any new or modified
renewal agreements beyond March 31, 2006 with clients.
Enclosed is a copy of the current Lease. The paragraph that requires modification
is highlighted in yellow.
I prepared an Amendment which modifies the original Lease. Please let me know
if any changes are required.
Enclosures
I~- C. f~[ i-V'
o .ii
.R l~ {.~,-~ ..t....'.'. .t,.,' \.":-,k. r.'.~ " , u n ~f rt['l-i).c.
- " L _" F"EEi (,j .L. LiJ,jiJ
AMENDMENT NO.1 TO THE BUSINESS LEASE BETWEEN THE CITY AND MAE
VOLEN SENIOR CENTER, INC.
THIS AMENDMENT No. 1 to the Business Lease dated September 29, 2005 is
made this _ day of
, 2006, by and between the CITY OF
DELRA Y BEACH (the City or party of the first part) and MAE VOLEN SENIOR
CENTER, INC. OF BOCA RATON (Mae Volen or party of the second part).
WITNESSETH:
The parties desire to amend the original Lease to remove a restriction on Mae
Volen from entering into any new, modified or renewal agreements with clients beyond
March 31, 2006, provided that all agreements covering clients will be made subject to
the term of the Business Lease, as may be amended from time to time.
NOW, THEREFORE, for the mutual covenants herein contained the parties
agree as follows:
1. All recitals of the September 29, 2005 Business Lease between the
parties as modified below are incorporated herein and made a part of the Lease.
2. All the recitals and the terms and conditions of the Business Lease dated
September 29,2005 remain in full force and effect except as expressly modified herein.
3. The recital is expressly modified to read as follows:
WITNESSETH, that the said Lessor does this day lease unto said
Lessee, and said Lessee does hereby hire and take as Lessee under
that certain real property described as:
The Southerly 909.94 feet of the Easterly 373.61 feet of that part of the
Southeast 14 lying Northerly of and adjacent to Lake Ida Road and
Westerly of and adjacent to Congress Avenue, Section 7, Township 46
South, Range 43 East, Palm Beach County, Florida.
Property Control No. 12-43-46-07 -00-000-5000
beginning the 22"d day of September, 2005, and ending no later than
21st day of September, 2006, unless extended by the mutual consent of
the parties provided that Lessee shall not enter into any new, modified,
or renewal agreements with clients which extend beyond the lease term
and for the agreed total rental of one dollar ($1.00). If the Lessee does
not timely vacate the property, the Lessee shall pay to the Lessor
holdover rent of $500.00 per day until such time as possession is
restored to the Lessor. The Lessee will be liable to Lessor for and will
indemnify Lessor against all manner of claim, loss or damages (including
injury to person or property) arising out of this Lease.
4. This Amendment No. 1 and the original Business Lease dated September
29, 2005, constitute the entire Agreement of the parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed on the date written above.
ATTEST:
CITY OF DELRA Y BEACH
By:
City Clerk
Mayor Jeff Perlman
Approved as to Form:
City Attorney
(Print or Type Name)
MAE VOLEN SENIOR CENTER, INC.
By:
Name:
Title:
WITNESSES:
(Print or Type Name)
2
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged
,2006, by
title of officer or agent) of
acknowledging), a
behalf of the corporation.
before me this _ day of
{name of officer or agent,
{name of corporation
(state or place of incorporation) corporation, on
He/She is personally known to me or has produced
(type of identification) as identification and did (did not)
take an oath.
Signature of Notary Public - State
of Florida
3
'1
BUSINESS LEASE
THIS AGREEMENT, entered into this L?\~ay of ~ ,2005, between the
CITY OF DELRAY BEACH, hereinafter called the Lessor, party of the first part, and the MAE VOLEN
SENIOR CENTER, INC. of West Palm Beach, of the County of Palm Beach and State of Florida,
hereinafter called the Lessee or Lessee, party of the second part:
WITNESSETH, That the said Lessor does this day lease unto said Lessee, and said Lessee does
hereby hire and take as Lessee under that certain real property described as:
The Southerly 909.94 feet of the Easterly 373.61 feet of that part of the
Southeast y.. lying Northerly of and adjacent to Lake Ida Road and
Westerly of and adjacent to Congress Avenue, Section 7, Township 46
South, Range 43 East, Palm Beach County, Florida.
Property Control No. 12-43-46-07 -OO-00D-5000
beginning the 22nd day of September, 2005, and no later than 21st day of September, 2006, unless
extended by the mutual consent of the parties provided that Lessee shall not enter into any new,
modified, or renewal agreements with clients beyond March 31, 2006, at and for the agreed total rental of
one dollar ($1.00). If the Lessee does not timely vacate the property, the Lessee shall pay to the Lessor
holdover rent of $500.00 per day until such time as possession is restored to the Lessor. The Lessee will
be liable to Lessor for and will indemnify Lessor against all manner of claim, loss or damages (including
injury to person or property) arising out of this Lease. The commencement of this lease is conditioned on
the closing of the property by the City.
The following express stipulations and conditions are made a part of this lease and are hereby
assented to by the Lessee:
FIRST: The Lessee shall not assign this lease, nor sub-let the premises, or any part thereof nor
use the same, or any part thereof, nor permit the. same, or any part thereof, to be used for any other
purpose than for use as a day care facility for Alzheimer patients and related transportation, nor make any
alterations therein, and all additions thereto, without the written consent of the Lessor.
SECOND: All personal property placed or moved in the premises above described shall be at the
risk of the Lessee or owner thereof, and Lessor shall not be liable for any damage to said personal
property, or to the Lessee arising from the bursting or leaking of water pipes, or from any act of
negligence of any co-Lessee or occupants of the building or of any other person whomsoever.
THIRD: The prompt payment of the rent for said premises upon the dates named, and the faithful
obserVance of the rules and regulations printed upon this lease, and which are hereby made a part of this
covenant, and of such other and further rules or regulations as may be hereafter made by the Lessor, are
the conditions upon which the lease is made and accepted and any failure on the part of the Lessee to
comply with the terms of said lease, or any of said rules and regulations now in existence, or which may
be hereafter prescribed by the Lessor, shall at the option of the Lessor, work a forfeiture of this contract,
and all of the rights of the Lessee hereunder.
FOURTH: If the Lessee shall abandon or vacate said premises before the end of the term Of this
lease, or shall suffer the rent to be in arrears, the Lessor may, at his option, forthwith cancel this lease or
he may enter said premises as the agent of the Lessee, without being liable in any way therefor, and relet
the premises with or without any furniture that may be therein, as the agent of the Lessee, at such price
and upon such terms and for such duration of time as the Lessor may determine, and receive the rent
therefor, applying the same to the payment of the rent due by these presents, and if the full rental herein
provided shall not be realized by Lessor over and above the expenses to Lessor in such re-Ietting, the
said Lessee shall pay any deficiency, and if more than the full rental is realized Lessor will pay over to
said Lessee the excess of demand.
FIFTH: Lessee hereby accepts the premises in the condition they are in at the beginning of this
lease. Lessor shall maintain the interior and exterior of the premises in the same condition as at the
commencement of this lease, reasonable wear and tear excepted.
SIXTH: It is expressly agreed and understood by and between the parties to this Agreement, that
the Lessor shall not be liable for any damage or injury by water, which may be sustained by the said
Lessee or other person or for any other damage or injury resulting from the carelessness, negligence, or
improper conduct on the part of any other Lessee or agents, or employees.
SEVENTH: If the Lessee shall become insolvent or if bankruptcy proceedings shall be begun by
or against the Lessee, before the end of said term the Lessor is hereby irrevocably authorized at its
option, to forthwith cancel this lease, as for a default. Lessor may elect to accept rent from such receiver,
trustee, or other judicial officer during the term of their occupancy in their fiduciary capacity without
affecting Lessor'srights as contained in this contract, but no receiver, trustee or other judicial officer shall
ever have any right, title or interest in or to the above described property by virtue of this Contract.
EIGHTH: This Contract shall bind the Lessor and its assigns or successors, and the heirs,
assigns, personal representatives, or successors as the case may be, of the Lessee.
NINTH: It is understood and agreed between the parties hereto that time is of the essence of this
Contract and this applies to all terms and conditions contained herein.
TENTH: It is understood and agreed between the parties hereto that written notice mailed or
delivered to the premises leased hereunder shall constitute sufficient notice to the Lessee and written
notice mailed or delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to
comply with the terms of this contract.
ELEVENTH: The rights of the Lessor under the foregoing shall be cumulative, and failure on the
part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the
said rights.
TWELFTH: Notwithstanding any other provision of this lease to the contrary, the Lessee shall be
responsible for the payment of all electric, gas, telephone and other public utilities furnished to the
demised premises.
THIRTEENTH: The Lessee agrees that as a condition to this lease, the Lessee shall at all times
during the term hereof maintain public liability insurance with limits of not less than $1,000,000.00 for
individual claims/$1,OOO,000.OO for aggregate claims resulting from personal injuries or property damage
occurring on or within the subject demised premises and such insurance policy shall expressly name the
Lessor as a coinsured and the Lessee shall furnish the Lessor with a current certificate of such insurance
within five (5) days from the execution of this Lease.
FOURTEENTH: The Lessee is hereby prohibited from making any improvements to the subject
real property without the written consent of the Lessor. In the event a Claim of Lien shall be recorded
against the subject property as a result of any of Lessee's actions and such Lien shall not be discharged
of record within ten (10) days thereafter, the Lessee shall be deemed to be in default pursuant to the
terms of this lease.
FIFTEENTH: This Lease may be signed in counterpart.
SIXTEENTH: Radon Disclosure. Pursuant to Section 404.056(8), the following notification is
provided: Radon is a naturally occurring radioactive gas that, when it has accumulated ih a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon
that exceed federal and state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your county public health unit.
SEVENTEENTH: This Lease shall not be recorded by Lessee in the Public Records of the county
in which the Premises are located or in any other place. Any attempted recordation by Lessee shall
render this Lease null and void and entitle the Lessor to the remedies provided for Lessee's default.
EIGHTEENTH: Lessee represents and warrants that: (i) there are no proceedings pending or, to
the knowledge of Lessee, threatened before any court or administrative agency that would materially
adversely affect the ability of Lessee to enter into this Lease or the validity or enforceability of this Lease;
(ii) there is no provision of any existing mortgage, indenture, contract or agreement binding on Lessee
which would conflict with or in any way prevent the execution, delivery or performance of the terms of this
Lease; (iii) if Lessee is a corporation, partnership (general or limited), limited liability company, or other
entity, then the person executing this Lease on behalf of Lessee has been duly authorized to execute this
Lease on behalf of Lessee by the appropriate officers, directors, shareholders, partners (general or
limited) members, managers, principals or other persons or entities; (iv) Lessee is in good standing,
qualified to do business in the State of Florida; and (v) Lessee has full right, power and lawful authority to
execute, deliver and perform its obligations under this Lease, in the manner and upon the terms
contained herein, and to grant the estate herein demised, with no other person needing to join in the
execution hereof in order for this Lease to be binding on Lessee.
NINETEENTH: Lessor may, but shall not be obligated to, cure any default by Lessee (specifically
including, but not by way of limitation, Lessee's failure to obtain insurance or make repairs; and whenever
Lessor so elects, all costs and expenses paid by Lessor in curing such default, including without limitation
reasonable attorney's fees, shall be so much additional rent due on the nextrent date after such payment
together with interest (except in the case of said attorney's fees) at the highest rate then payable by
Lessee inthe state in which the Premises are located or in the absence of such a maximum rate, at the
rate of fifteen percent (15%) per annum, from the date of the advance to the date of repayment by Lessee
to Lessor.
lWENTEETH: By taking possession of the Premises leased under this Lease, Lessee accepts
the Premises as being in good sanitary order, condition, and repair. Lessee, at Lessee's sole cost and
expense, shall keep the Premises and every part of it in good condition. Lessee waives all rights to make
repairs at the expense of Lessor as provided in any law, statute, or ordinance now or subsequently in
effect. Neither Lessor nor Lessor's agents have made any representations or promises with respect to the
physical condition of the Building, the land upon which it is erected or the Premises, the rents, leases,
expenses of operation or any other matter or thing affecting or related to the Premises except as herein
expressly set forth and no rights, easements or licenses are acquired by Lessee by implication or
otherwise. Lessee has inspected the Building ,and the Premises and is thoroughly acquainted with their
condition and agrees to take the same "as is" on the Commencement Date, and acknowledges that the
taking of possession of the Premises by Lessee as of the Commencement Date shall be conclusive
evidence that the said Premises and the Building of which the same form a part were in good and
satisfactory condition at the time such possession was so taken. Lessee grants to Lessor the right to
come on to the premises at all times during the Lease term to inspect, plan, and to construct a
senior/community center on the premises. The Lessor shall, to the extent possible, avoid disruption to
the wind up of the day care program.
lWENTY-FIRST: The City shall, in addition to other Grant funds, provide a Grant in the amount
of $1,000.00 per month to Lessee to operate the facility during the wind up period. The responsibHity of
the City shall be to perform air-conditioning, plumbing and electrical repairs, as well as to maintain and
repair the building and paint the inside of the building on an as needed basis, and perform periodic roof
inspection and repair. The City shall also maintain the grounds, the parking area, outdoor lighting and
secure the property during storm preparation and provide post-disaster/storm support with securing the
building. All responsibilities, not specifically assigned to the City shall be the responsibility of the Lessee.
Lessee shall keep the inside temperature at a temperature in the 70's (Farenheit) to retard mold. The
Lessee shall pay for all operational expenses including, but not limited to salaries and benefits of workers,
utilities and waste pickup, including but not limited to electricity, water-sewer, garbage, phone, computer
hook ups/cable tv and internet services and for client needs. Mae Volen may put removable non-
permanent sign age at the facility that is approved in advance by the City. Lessee shall abide by all laws,
rules and regulations and obtain all licenses that may be necessary to run the daycare facility during the
wind up period and any extensions that may be granted.
TWENTY-SECOND: Lessee will protect, indemnify and save harmless Lessor from and against
all liabilities, obligations, claims, damages, penalties, causes of action, costs and expense (including
without limitation, reasonable attorney's fees and expenses) imposed upon or incurred by or asserted
against Lessor by reason of (a) any accident, injury to or death of persons or loss of or damage to
property occurring on or about the Premises or Property or resulting from any act or omission of Lessee
or anyone claiming by, through or under Lessee; except if related to activities of the City to develop or
redevelop the property (b) any failure on the part of Lessee to perform or comply with any of the terms of
this Lease; or (c) performance of any labor or services or the furnishing of any materials or other property
in respect of the Premises or Property or any part thereof, except if related to activities of the City to
develop or redevelop the property. In case any action, suit or proceeding is brought against Lessor by
reason of any such occurrence, Lessee will, at Lessee's expense, resist and defend such action, suit or
proceeding, or cause the same to be resisted and defended by counsel approved by Lessor.
TWENTY-THIRD: To the extent not expressly prohibited by law, Lessor, its agents, employees
and servants shall not be liable and Lessee waives all claims for injury to person or damage to property
sustained by Lessee or any other person occurring in or about the Building or the Premises, resulting
directly or indirectly from any existing or future condition, defed, matter or thing in the Premises, the
Building or any part of the Building or from equipment or appurtenances becoming out of repair or from
accident, or from any occurrence or act or omission of Lessor, its agents, employees or servants or of any
Lessee or occupant of the Building, or of any other person. This Section shall apply especially, but not
exclusively, to damage caused as stated above or by the flooding of basements or other subsurface
areas or by refrigerators, sprinkling devices, air-conditioning apparatus, fire, explosion, falling plaster,
steam, gas, electricity, frost, ice, steam, excessive heat or cold, broken glass, sewage, gas, odors, or
noise, or the busting or leaking of pipes or plumbing fixtures, water, rain or leaks from any part of the
Building or from the pipes, appliances or plumbing works or from the roof, street or sub-surface or from
any other place or by dampness or by any other cause of whatsoever nature, and shall apply equally
whether any damage results from the act or omission of other business Lessees or occupants in the
Building or any other persons, and whether damage is caused by or results from any thing or
circumstance whether of a like or wholly different nature. Lessor and its agents shall not be liable for any
damage to property of Lessee or of others entrusted to employees of the Building, nor for the loss of or
damage to any property of Lessee by theft or otherwise. Lessor and its agents shall not be liable for any
injury or damage to persons or property resulting from the acts or omissions or events or occurrences
identified in this Section, unless Lessor had actual knowledge in advance that the act, event or
occurrence was going to occur, had ample opportunity to prevent the act, event or occurrence (and
resulting damage or injury), Lessee itself could not have prevented the act, event or occurrence (and
resulting damage or injury), and Lessor's actions or omissions caused the damage or injury by or due to
Lessor's own gross negligence. Lessor and its agents shall not be liable for any such damage caused by
other Lessees or persons in the Building or caused by operations in construction of any private, public, or
quasi-public work; nor shall Lessor be liable for any patent defect in the Premises or in the Building. If at
any time any windows of the Premises are temporarily or permanently closed, darkened, or bricked up for
any reason whatsoever including, but not limited to, Lessor's own acts, Lessor shall not be liable for any
damage Lessee may sustain thereby, and Lessee shall not be entitled to any compensation therefore, nor
abatement of rent, nor shall the same release Lessee from its obligations hereunder, nor constitute an
eviction. Lessee shall give immediate notice to Lessor in case of fire or accidents in the Premises or in
the Building or of defects therein or in any fixtures or equipment.
TWENTY-FOURTH: In the event the Premises or Building are damaged by fire, explosion or
other casualty, Lessor shall not be obligated to repair, restore or rebuild. In such an event, this Lease
shall terminate immediately at the option of either party.
TWENTY-FIFTH: JURY AND COUNTERCLAIM WAIVERS LESSOR AND LESSEE SHALL AND
THEY HEREBY DO WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM
BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER. SAID WAIVER IS
EFFECTIVE AS TO ALL MATTERS, INCLUDING BUT NOT LIMITED TO ANY MATTER, DISPUTE OR
CLAIM ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE, THE RELATIONSHIP OF
LESSOR AND LESSEE, LESSEE'S USE OR OCCUPANCY OF THE PREMISES, AND ANY
EMERGENCY OR OTHER STATUTORY REMEDY WHETHER THE MATTERS OR DISPUTES
INVOLVE A CLAIM OF CONTRACT, TORT OR OTHERWISE. LESSEE FURTHER AGREES THAT IT
SHALL NOT INTERPOSE ~Y COUNTERCLAIM OR TH!RD PARTY COMPLAINTS IN A SUMMARY
PROCEEDING OR IN ~y ACTION BASED ON HOLDOVER OR NON-PAYMENT OF RENT AND
ADDITIONAL RENT AND/OR ~y OTHER SUM PAYABLE HEREUNDER.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the
purpose herein expressed, the day and year above written.
Signed, sealed and delivered in the presence of:
I I
ATTEST:
\~~'30.~~
City Clerk
~edasto'Form:
By:
WITN.ESSES: ~.
~{;~ dl:
Print Name
Print Name
STATE OF FLORIDA
COUNTY OF Po 1m ~parh,
The foregoing instrument was acknowledged before me this)'} ~ay of ~rfY7b.t:n" 2005,
by Eli 7. a he+h Lv.9 0 (name of officer or agent, title of officer or agent) of
fY}a~ V()lpl"1 5f3n,ey- (name of corporation acknowledging), a. Flon'dO- (state or
C-en4er L:rnc .
place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me-eF-
has prgEll:leeEl {type of Idclltifieatign) ~~ identifir.~tiQn aRe did (did not) take
an oath.
~p..flV "11..
o ....-:
~ 't'.,...-.r 1't
f;'. ,,>, ,
<:' .
OFh~ '
"=.'"
C1.n6uNe~E
COUUISsIONNUMBER
r)0135747
; " "'=':IIjN EXPfRES
;~8
Date: March 22, 2006
AGENDA ITEM NUMBER:~
AGENDA REQUEST
Request to be placed on:
_Consent Agenda LRegular Agenda _Workshop Agenda _Special Agenda
When: April 4, 2006
Description of Agenda Item (who, what, where, how much): Request approval
of amendment to lease with Mae Volen Senior Center for the Alzheimer's Center,
permitting them to continue to operate the Alzheimer's Center for Alzheimer's,
patients beyond March 31,' 2006.
City Attorney Revie !Recommendation (if applicable):
)~B2
Department Head
Signature:
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes I No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: @ I No Initials: ~
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CIlY MANAGER ~
AGENDA ITEM # <g ~ - REGULAR MEETING OF APRIL 4,2006
ACCEPTANCE OF FUNDS/EMERGENCY MEDICAL SERVICES (EMS)
GRANT:
TO:
SUBJECT:
DATE:
MARCH 31, 2006
This is before the Commission to accept Emergency Medical Services (EMS) grant funding in the
amount of $43,707.20; and authorize the purchase of eight (8) EtC02 Sidestream LoFlo Upgrades
and supplies in the amount of $41,199.50 from Zoll Medical Corporation for the Fire-Rescue
Department.
This is a non-matching grant with the purchase of specified equipment identified in the grant
application. The EtC02 Sidestteam LoFlo is an upgrade to the M Series Med-Pro SP02 monitor
defibrillators, which are currendy being used by the Fire Rescue Department; and it is specified in
the grant as an authorized purchase. The balance of the grant, $2,507.70, will be utilized to purchase
HeartStart OnSite AED's with accessories at a later date.
Funding is available from 001-2315-526-64.90 (General Fund/Fire Rescue/Other Machinery/
Equipment).
Recommend approval and acceptance of Emergency Medical Services (EMS) grant funding in the
amount of $43,707.20; and authorize staff to purchase eight (8) EtC02 Side stream LoFlo Upgrades
and supplies in the amount of $41,199.50 from Zoll Medical Corporation for the Fire-Rescue
Department.
S:\City Clerk\agenda memos\EMS Grant Award 040406
MEMORANDUM
18: David Harden, City Manager
FROM: patsy Nadal, Buyer
THROUGH: Joseph safford, Finance Director
DATE: March 29, 2006
SUBJECT: Acceptance of Non~hing EMS Grant C5050
Approval of Purchase of Eight (I) EtC02 Sidestream
LoFlo Upgrades
Item Before Commission:
City Commission is requested to approve the receipt of a non-matching Emergency Medical
Service Grant in the amount of $43, 707.20 and the authorization to purchase eight (8) EtC02
Sidestream LoFlo Upgrades and supplies from ZoII Medical Corporation in the amount of
$41,199.50 per quotation dated 03/3112005 with pricing honored per email dated 0312912006.
The balance of $2,507.70 win be utilized to purchase HeartStart OnSile AED's with
accessories at a later date.
BackaI'OWld:
On January 21, 2003 the City Commission approved the acceptance of an EMS matching
grant for the purchase of the M Series Med-Pro. The M Series Med-Pro with SP02 monitor
defibriRators were purchase from ZoII Medical Corporation and utilized by the Fire Department
to provide extensive ECG monitoring to patients suffering a Cardiac or Pulmonary crisis.
The EtC02 Sidestream LoFlo is an upgrade to this medical equipment and is use with the M
Series without the installation of the Mainstream EtC02 and is clearly identified by the EMS
Grant Award as an authorized purchase.
Recommendation:
Staff recommends the acceptance the Non-Matching EMS Grant C5050 in the amount of
$43,707.20 and the purchase eight (8) EtC02 Sidestream LoFIo Upgrades and supplies
from ZOO Medical Corporation as a sole source provider with the balance for medical
equipment to be purchased at a later date.
Funding from account code:
001-2315-526-64.90
Attachments:
EMS Grant C5050 Award Letterw/Attachments
Zol Sole Source Letter
zon QuotationlEmail
cc: Jacld. Rooney, Ptm:I1asing 4'
I
/
/
Department of Public Safety
)ivlsion of Emergency Management
ffice of Emergency Medical Services
20 South Military Trail
West Palm Beach, FL 33415
(561) 712-6400
FAX: (561) 712-6449
www.pbcgov.com
.
Palm Beach County
Board of County
Commissioners
lbny Masilotti, Chairman
Addie L. Greene, Vice Chairperson
Karen T. Marcus
Jeff Koons
Warren H, Newell
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisman
"An Equal Opportunity
Affirmative Action Employer"
8 printed on recvr:Ied DBoef
lQM (;<-^- cJ.vJJA/)
J anuaty 4, 200~
Robert Moreland, III, EMS Division Chief
Delray Beach Fire-Rescue Department
501 West Atlantic Avenue
Delra)' Beach, FL 33444
Dear Chief Moreland:
EMS Grant C5050
The EMS Grant Review Committee has recommended your agency receive
$43,707.20 from the EMS Grant Award Program; please see attached which
covers the items and work schedule for your EMS Grant Award.
The EMS Grant package is being presented to the Board of County
Commissioners at their January 10, 2006 meeting. . Once it is approved by the
Board, it will be forwarded to the State EMS Office for their execution.
In the meantime, please provide us with a letter of confirmation from your
agency's administrator concurring with the amount of the award, activity and
expenditure plans, and assurance that your agency will comply with state and
county grant requirements, including reporting. If you have not submitted a
Resolution from your Governing Board, kindly proceed to obtain same prior
to making the purchase certifying that monies from the Grant Award will:
1) Improve and expand prehospital services in that coverage area;
2) Not be used to supplant existing provider's budget allocation;
3) Meets the goals and objectives ofthe EMS County Grant Plan.
Thank you for your cooperation.
Enc.
~.
UU l......V~ J ',)'"1- )v. v v
gO 1- "L.~ IS-SU. -
., ~ I V "Vl../
FIRE.RESCUE DEPARTMENT
[IT' DF DELRAY IEA[H
SERVING DELRAY BEACH · GULF STREAM · HIGHLAND BEACH
DELRAY BEACH
~
Ail-America City
" II I!
1993
2001
January 18, 2006
Robert A. Butterfield, EMS Manager
Division of Emergency Management
20 S. Military Trail
.West Palm Beach, FI 33415
Re: Grant C5050
Dear Mr. Butterfield:
The Delray Beach Fire-Rescue Department is in receipt of your letter dated January 4,2006. We
greatly appreciate your agency's involvement concerning the approval of our grant application for
$43,707.20 from the State of Florida, EMS County Grant Award Program.
Please accept this letter as confinnation that we concur with the amount of the award, and will
adhere to the activity and expenditure plans as stated in your letter.
. Upgrade eight (8) 2011 M Series Monitor I Defibrillators with the recently released .Side
stream" Electronic Capnography.
. Two HeartStart OnSite AED's with accessories.
Finally, this agency will comply with all state and county grant requirements, including reporting.
If you have any questions, please contact Division Chief Robert Moreland at 243-7440.
Sincerely,
V~ D. "-
Keny B. Koen
Fire Chief
Cc: File
Mary-Ann Young, Finance
FIRE-RESCUE DEPARTMENT HEADQUARTERS. 501 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444
" (561) 243-7400. FAX (516) 243-7461
Printed on Recycled Paper
,
I'"
'"
/
ATIACBMENT 2
DELRAY BEACH FIRE' RESCUE
Work PIan:
Work Activities:
Time Frames:
Project 1: With the capnography upgrade to zOll's M Series MonitorlDefibrillators with
Side stream Electronic Capnography, paramedics will be able to provide extensive ECG
monitoring, 12 lead capability, electrical intervention and ETC02 monitoring to all
patients suffering a Cardiac or Pulmonary Crisis 100~ of the time.
Project 2: Will pro"videAED's in the' Town of Highland Beach, at the Commission
Chambers at Town Ball and at the new public library .complex; training/maintenance to be
provided by Delray Beach Fire-Rescue Dept.
Grant Award Notification
lit Quarter
2nd Quarter
Bid Process
Bid Award and Order Equipment.
2nd Quarter
Receive Equipment, provide training
3rd Quarter
Place into Service
3rd Quarter
Proposed Expenditure Plan:
Unit Total
Line Item Price Quantity Cost
EtC02 Si4estreiun LoFIo upgrade'for Zoll M
Series DefibrillatorlMonitors 55;100.00 8 $40,800.00
, .
HeartStart OnSite AED 1,195.00 2 2,390.00
Standard Carrying Case .99.00 2 198.00
Surface Mount Cabinet 319.20 1 319.20
22
TOTAL 543,707.20
---
ZOLL Medical Corporation
ZOLL
32 Second Avenue
Burlington, Massachusetts 01803-4420
U.S.A,
(781) 229-0020
(781) 272-5578 Telefax
January 2, 2003
Robert Moreland, Division Chief
City of Del ray Beach Fire Department
501 West Atlantic Avenue
Delray Beach, FL 33444
Dear Chief Moreland:
ZOLL Medical Corporation, headquartered in Burlington, MA, designs, manufactures
and markets an integrated line of proprietary, noninvasive resuscitation devices and
disposable electrodes. These innovative products are used by health care professionals to
provide pacing and defibrillation in the emergency treatment of cardiac arrest victims in
hospitals and pre-hospital settings. ZOLL Medical is the sole manufacturer and
distributor of the M Series MonitorlDefibrillator that the City of Del ray Beach Fire
Department has selected.
We at ZOLL Medical Corporation appreciate your support. If you have any questions,
please do not hesitate to contact me at 800-242-9150 ext. 576.
Page 1 of 1
Nadal, Patsy
From: Steve Rea (SRea@Zoll.com]
Sent: Wednesday, March 29, 2006 11 :13 AM
To: Nadal, Patsy
Subject: Quote Update
Kathy,
The quote you have from ZOlL Medical for ETC02 (End Tidal C02 LoFIo) upgrades to the M Series Defibrillator
is current and will be honored. We will be sending you a new revised quote. Please use this e-mail in the interim
as confirmation the quote issued March 31, 2005 and revised 4-28-05 is valid and pricing current.
cft.N R...
Regional Manager
ZOll Medical
813-928-5011
srea@zoll.com
3/29/2006
ZOLL
ZOLL Medical Corporation
Wor1dwlde Headquarters
269 Mill Road
Chelmsford, Massachusetts 01824-4105
(978) 421-9655 Main
(800) 348-9011
(978) 421-0015 Telefax
QUOTATION
TO: City of Defray Beach Fire Department
501 West Atlantic Avenue
Delray Beach, FL 33444
Attn: Robert Moreland
DMsion Chief
DATE: March 31, 2005
Revised 4121105
TERMS: Net 30 Days
FOB:
Shipping Point
J~::. ::::<}:::.MQQa:N~)::{::::"i:::::::: :::::::::):,DESCRIPTION ........ ,,-. .... .. :;:Q1Xi::: . UNIT: PRICE . ::::::DISC:PRJCE:: . :::TOTAL:PR1CE::;:::?:::
... .H.............. ::::.......:.:::.:.....-::...:::
. .. ........... -......
. .. .........,. , ..... . .... .....
. ....,. ........... - -.....,..... .".. ,............' ..... ...... -......., .,.. .... ............,... ... ... -....
1 7777-0352-01 Etc02 Sidestream LoFlo Upgrade (Must have SP02) 8 $6,000.00 $5,100.00 $40,800.00 *
(for M Series with no Mainstream Etc02 installed)
2 8ClOO-Q362 Airway Adapter Kit, AdultlPediatric, Box of 10 1 $100.00 $85,00 $85.00 *
3 8000-0354 OrallNasal CO2 Sampling Cannula, Adult, Box of 10 1 $120,00 $102.00 $102.00 *
4 8000-0355 OrallNasal C02 Sampling Cannula, Pediatric, Box of 10 1 $120.00 $102,00 $102.00 *
5 8000-0358 OrallNasal CO2 w/02 Cannula, Adult, Box of 10 1 $130.00 $110.50 $110.50 *
*REFLECTS DISCOUNT PRICING
All discounts off List Price are contingent upon
payment within agreed upon terms.
WE PROPOSE TO FURNISH THE ITEMS LISTED ABOVE, SUBJECT TO CONDITIONS SET FORTH ON TOTAL
THE REVERSE SIDE HEREOF, AND THE WRITTEN ACCEPTANCE OF THIS QUOTATION. $41,199.50
1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER.
2. PRICES WILL BE F.O.B. SHIPPING PoiNT,
3. WARRANTY PERIOD (See above and reverse side).
4. PRICES QUOTED ARE FIRM FOR 60 DAYS.
5. APPLICABLE TAX & FREIGHT CHARGES ADDITIONAL
6. ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLL
7. PURCHASE ORDERS TO BE FAXED TO ZOLL CUSTOMER SERVICE AT 978-421-0015,
Kevin Jung/el
Territory Manager
800-242-9150,x9576
Date: March 23. 2006
AGENDA ITEM NUMBER:
'66
~A,.-< ... OA'
0...-...: :r
~ v
~4 r '0 t. 'f:
AGENDA REOUEST
Request to be placed on:
X Consent Agenda
Regular Agenda _ Workshop Agenda _ Special Agenda
When:
April 4, 2006
Description of agenda item (who, what, where, how much):
Approval of the receipt of EMS Grant funds for Zoll Capnography upgrades for eight (8)
M-Series defibrillators, and authorization to purchase the.lep 11-.1 equipment listed in the
grant application.Jt~,.'JI1j.Z/) .
Recommendation: Accept the grant funding and authorize equipment purchase. "fl ~v ~--J-f-
tf 1.1 qq,SlJ "-
Department Head Signature: \( ~ ~ . \......
\
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
FundingAvaiIabk tv/ No Initials: ~
Account Number DOl -1315 - 52(p-/.t;~,
Description ~ r -L ~
Account Balance:
Lf7 '-Id~, &71
l,
Funding Altematives:_
(if applicable)
City Manager Review:
Approved for Agenda:@ No Initials:
~1
Hold Until:
Agenda Coordinator Review:
Received:
[IT' DF DElRRY BER[H
cm AnORNEY'S OFFICE
_ POLICE LEGAL ADVISOR
, , III ' POLICE LEGAL ADVISOR
MEMORANDUM
@
300 W A TLA'\T1C A VENUE. DELRA '{ BEACH, FLORIDA 33444
TELEPHO'\E :';61/2'13-7023. FACSIMILE :.;61/243-7H1:';
1993 To:
City Commission
Mr. David Harden, City Manager
Catherine M. Kozol, J _ ___
Police Legal Advisor ~
From:
Date:
March 10, 2006
Re:
Delray Lakes
Traffic Enforcement Agreement
Attached for your review and insertion on the Consent Agenda are three
originals of the traffic enforcement agreement with Delray Lakes Homeowner's
Association. The Agreement will allow the Police Department to enforce state
and local traffic laws on the private roads of Delray Lakes. The contract shall
also mandate that the Homeowner Associations comply with speed limits set by
Florida Statute and follow Department of Transportation standards for traffic
control devices. The Police Department feels that allowing enforcement of state
and local traffic laws will enhance our presence in the area and have a more
direct impact on crime in that area.
The Association will pay $1.00 per month to cover the costs of
enforcement and has added the City as an additional insured on the liability
insurance policy. A copy of the Certificate of Insurance is enclosed.
If this Agreement meets with your approval, would you kindly place this on
the Consent Agenda at the next scheduled Commission meeting. When all of
the agreements have been signed, I would appreciate it if you would return one
original to me for forwarding to the Homeowner's Association.
Thank you for your courtesy and attention.
Ath/encs.
cc: Susan Ruby, City Attorney
Chevelle Nubin, City Clerk
Chief Joseph L. Schroeder
0;\
~
2<:-
DELRAY LAKES HOMEMEOWNERS ASSOCIATION, INC.
TRAFFIC ENFORCEMENT AGREEMENT
WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred
to as "CITY") through its Police Department, wishes to make its Community Policing
efforts in DELRA Y LAKES as effective as possible; and
WHEREAS, the DELRA Y LAKES HOMEOWNER ASSOCIATION
(hereinafter referred to as "ASSOCIATION") is desirous of the enforcement of state
and municipal traffic laws on its property; and
WHEREAS, both the CITY and the ASSOCIATION feels that such
enforcement will make the Community Policing effort a more positive influence on
the community; and
WHEREAS, F.S. 316.006(2),(b),(1),(2) allows for such enforcement on
private roads pursuant to a written agreement approved by the CITY Commission
which provides for reimbursement for actual costs of traffic control and enforcement
liability insurance and indemnification and other terms as are mutually agreeable by
the parties.
Now, therefore, for the mutual consideration, covenants, and matters set forth
herein, as of the date set forth below, the parties hereto do hereby agree as follows:
1. The CITY does hereby agree to enforce all state and municipal traffic
laws on all private roads owned by the ASSOCIATION.
2. The enforcement of the traffic laws will occur 24 hours, 7 days a week.
3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to
cover the actual costs of the traffic control and enforcement incurred by the CITY.
4. The speed limit shall be that set by Florida Statute 316.183(2) and
316.189(1) of 30 mph.
5. Signs posting the speed limit must comply with Manual Uniform Traffic
Control Devices used by the Department of Transportation and F.S. 316.189(3).
6. Stop signs must conform to the manual and specifications of the
Department of Transportation as stated in Florida Statute 316.006(2)(b )(3).
7. The ASSOCIATION shall defend, indemnify and hold harmless the
CITY, its agents, officers, officials and employees from any and all claims, suits,
causes of actions or any claims whatsoever made arising from any and all acts
of traffic control and traffic enforcement that occur on the ASSOCIATION'S property
following the date of this agreement. Nothing herein shall be deemed a waiver of
the privileges and immunities granted to the CITY under F.S. 768.28. This
indemnification shall survive the cancellation of this agreement.
1
8. The ASSOCIATION shall provide liability insurance to cover the
indemnification in the amount of $1,000,000.00 and name the CITY as an additional
insured.
9. This agreement shall take effect upon execution and approval by the
Delray Beach City Commission and the DELRA Y LAKES HOMEOWNER
ASSOCIATION and shall continue in full force and effect until rescinded by either
party. This Agreement shall automatically renew upon payment of the yearly fee.
10. Either party may cancel their participation in this agreement upon
delivery of 30 days written notice to the other party. Cancellation will be at the
direction of the subscribing party.
11. In any action brought to enforce any provision of this agreement, the
prevailing party shall be entitled to the relief sought plus all costs incurred and
reasonable attorneys' fees.
12. The ASSOCIATION, by signing below, affirms that they have read and
understand this agreement and that they have been given the opportunity to have
the attorney of their choice review this agreement.
This agreement made and entered into on this
2006.
day of February,
City of Delray Beach, Florida
Delray Lakes Homeowner Assn., Inc.
Jeff Perlman, Mayor
By:
ATTEST:
City Clerk
Ca ine M. Kozol,
Asst. City Attorney
2
Ma r, .29. 2006 11: 51 AM
SCIENZO INSURANCE AGENCY
No. 6040
CERTIFICATE OF INSURANCE
p, 2
The comp~ny .Indlcated below certifies that the insurance afforded by the pol icy or pOI leles numbered an~
de5~ribed below is in force as of the effective data. of this certificate. This Certificate of Insuran~Q
d09s not amend. e)Ctend.. or otherw;ise alter the Terms and Condil ions of Insurance coverage contClined In any
pol icy numbered and described below,
INSURED;
DEl~Y LAKES ESTATES
HOMEOWNERS ASSOCIATION, INC.
C/O CUSTOM PROPERTY MGMT
2328 S CONGRESS AVE STE 2A
WEST PALM BEACH, fL 33406-7674
I
TYPE OF INSURANCE I
LIABILITY 1
(X] liability Clod I
Medical Expanse I
Personal and I
Advertising InjurYI
[XI M9dicsl Expenses I
(Xl Fire Legal I
lisbility I
I
I
I
I
I
I
I
I
I.
I
I
J
I
I
I
I { ] Other Llabll i ty
I
I AUTOMOBtLE LIABILITY
I [ ] BUSINESS AUTO
I
I [ ]
I I ]
1'( ]
I
I
I
I
I ]Olllbrellaform
I
I
I
I
I
t ( ]
I
I
POll CY NUMBER
& ISSOING CO.
77-BP-395811-3001
NATI ONY/I DE
MUTUAL. fiRE
I NSURANCE CO.
I
I
I
Any One Occurr~nc.... _ ,... $ ~,OOO,OOO I
I
I
I
5,000 I
50,000
I ~OLICY [ POLICY I
IEFF. DATE [EXP. DATE I
I 08-01-05 I 08-01.06 I
I I I
I I I
I I I
[ I I
I I I
I I I
I I I
I I I
I I J
I I I
LIMITS OF LIABILITY
(.LIMITS AT INCEPTION)
General Aggregate" ....... $ 2,000.000
Prod/Comp oPg Aggregate' . S 2.000,000
Bodily Injury
(Each Person) ...... .,. S
(Each Accident) ........ ~
P rope r t y Damage
(Each Accident) ,....... S
Combined Single Li~it .... $
Each OccurranC8 ...... .... $
Prod/Camp Ops/Disease .
!.gg regat 8. .... . . . . . . ,. $
I
I
I,
I
I
I
STATUTORY liMITS
BODILY INJORY/ACCIDENT ." $
Bodily Injury by Disease
EACH EMPL.OYEE ......... $
Bodily Inlury, by Disease
POLICY L1KIT ........ .... $
Included in Above. Any One Person or
Organlzat ion
ANY ONE PERSON. .........- $
Any Ooe fire or Explosion S
Owned
Itl red
Non-Owned
EXCESS LIABILITY
,
-'
] Workersl
Compensal ion
and
Employerst
Liabi I i ty
Effeol ive Date of Cert j"f Icat9:
Date Cerllficate Issued:
08.01.2005
03-~9-2006
DESCRIPTION Of OPERATIONS/LOCATIONS
VEHICLES/RESTRICTIONS/SPECIAL ITEMS )
ABOVE COI HOLDER IS LISTED
AS ADD I Tt ONAl. INSURED /
--"
Authorizad kepresentatlve: STEPHEN R SCIENlO
Countersigned at: 3563 SW CORPORATE PARKWAY
~~
......
()~
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
~()(J \iVv' 1st AVENI 'I:. Dl:LRAY BEACH, FLORIDA 33444
TELEPHONE 'i61'::~U7(i')()' FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DElRAY BEACH
F LOR IDA
li.l.8.i:iii
All-America City
, III I! ~:~E
1993
2001
MEMORANDUM
March 20, 2006
Mayor and City Commissioners
David T. Harden, City Manager
Chevelle Nubin, City Clerk
r(P
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Resolution providinq fundinq for the Olweus Bullvinq Prevention
Proqram
Attached please find a resolution to provide funding in the amount of $5,000.00 to
the Brickell Foundation to enable them to implement the Olweus Bullying
Prevention Program in local schools.
Please contact me at 243-7090 if you have any questions. Thank you.
TCB: smk
Attachment
<gD
RESOLUTION NO. 16-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING FUNDING IN THE
AMOUNT OF FIVE THOUSAND DOLLARS ($5,000.00) FOR THE
BRICKELL FOUNDATION, THEREBY ENABLING THEM TO
IMPLEMENT THE OLWEUS BULLYING PREVENTION PROGRAM
IN LOCAL SCHOOLS AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, ON March 16, 2006, the City Commission received a request for funding from
the Brickell Foundation, requesting five thousand dollars ($5,000.00) to enable them to implement
the Olweus Bullying Prevention Program in local schools; and
WHEREAS, the Olweus Bullying Prevention Program is a school-based K-8 bullying
prevention and reduction program based on large-scale studies of school bullying conducted by
pioneering researcher, Dan Olweus; and
WHEREAS, the Olweus Bullying Prevention Program focuses on restructuring the existing
school environment to reduce opportunities and rewards for bullying behaviors; and
WHEREAS, the City Commission of the City of Delray Beach desires to support bullying
prevention efforts in order to make school a more positive place for students to learn.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, THAT:
Section 1. The City of Delray Beach shall provide funding in the amount of Five
Thousand Dollars ($5,000.00) to the Brickell Foundation in order to enable them to implement the
Olweus Bullying Prevention Program in local schools.
Section 2. This Resolution shall become effective upon its passage and adoption.
PASSED AND ADOPTED this
day of
,2006.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
City Clerk
MAYOR
Message
Page 1 of I
Harden, David
From: Schroeder, Larry
Sent: Thursday, March 30, 2006 4:56 PM
To: Harden, David
Subject: RE: Olweus Bullying Program
We can go as high as $2,500.00.
'~~~'~""""""-'-""'~"""""""''''''''--'''''''''''.'''~~.~''''''''"'"'~~~~~=-''''''''''''~'''''''''''''''''''''''''=''''-'''~'''~'''
From: Harden, David
Sent: Thursday, March 30, 20064:45 PM
To: Schroeder, Larry
Subject: Olweus Bullying Program
You were going to tell me to what extent you would be willing to fund this from the Law Enforcement Trust Fund.
need to know ASAP,
3/30/2006
v'
RODD D. BRICKELL FOUNDATION VIOLENCE PREVENTION PROJECT
MISSION OF SAFE SCHOOLS INSTITUTE
The Mission of the School District of Palm Beach County, Florida Safe Schools Institute
is to provide high quality, proven to be effective programs, initiatives, training, activities,
and campaigns aimed at reducing risk in our students' lives while promoting the strengths
and pro-social behaviors students need to be caring, responsible, and academically
successful individuals.
THE OL WEUS BULLYING PREVENTION PROGRAM
Purpose
The Bully-Proofmg Your School Violence Prevention Program is designed to be an early,
preventative measure against bullying behavior. More importantly, however, it is
designed to stop this behavior at the elementary level to ensure a safer school
environment - one that does not tolerate acts of physical or emotional aggression against
children. Ultimately, by implementing this program the school environment will be made
safer for all students because the "caring majority" will be empowered to assist victims
and deny those students exhibiting bulling behavior the reinforcement that perpetuates
their negative behavior. Then within this safe and secure environment, students will be
better able to focus and learn, as well as develop growth in emotional and moral areas,
and leadership skills. This proactive approach will provide assistance to students and
hopefully will reduce other aggressive acts as well as decrease the risk for suicidal
behavior. This comprehensive program will be implemented in both an elementary and
middle school and will incorporate five components:
. Staff training
. Student instruction
. Support of victims
. Intervention for those exhibiting bullying behavior
. Collaboration with parents of both those exhibiting bulling behavior and victims
Overview
Prior to working with the Safe Schools Institute of the School District of Palm Beach
County, the Rodd D. Brickell Foundation brought the Bully-Proofmg Your School
Project to Miami and Dade schools in 2000.
Armed with more information and experience, the Foundation has begun work with the
School District of Palm Beach to bring the most respected of all bullying prevention
programs, the Olweus Bulling Prevention Program.
The monies appropriated will allow the Department of Safe Schools to begin
implementation of the BluePrints for Violence Prevention: Olweus' Bullying Prevention
Program in one elementary and one middle school in the City of Boca Raton. Our goal is
to offer this programming to other district schools.
. Increase the awareness and knowledge of problems related to bullying and harassing
behaviors to staff and students.
. Staff members will be trained to become actively involved and responsible for
addressing, controlling, and responding effectively to bullying and harassing
behaviors.
. Reduce the incidents of bullying behavior on campus.
. Reductions in the frequency with which students report being bullied and bullying
others.
. Reductions in students' reports of general antisocial behavior, such as vandalism,
fighting, theft, and truancy significant improvements in the "social climate" of the
class.
. Seek support from youth-oriented community organizations that provide supportive
resources and positive outlets for students.
Why the Olweus: Bullying Prevention Program?
. Supports the School District Policies and Safety Initiatives involving the District
Campaign Against Bullying
. Addresses the most potentially and/or persistently dangerous behaviors in our schools
. Norm an environment that is conducive to the social, emotional and academic
development of students
. Data reports substantial reductions in the frequency with which students report being
bullied and bullying others in schools that have implemented the program;
. Data reports significant reductions in students' reports of general antisocial behavior,
such as vandalism, fighting, theft, and truancy significant improvements in the "social
climate" of the class schools that have implemented the program.
What is the Olweus BuUying Prevention Program?
The program is not a curriculum. Rather, it is a school-wide program with activities and
interventions at several levels:
. School-wide interventions include administration an anonymous student
questionnaire about bullying, formation of a Bullying Prevention Coordinating
Committee, training for staff, the
. development of school-wide rules against bullying, development of a coordinated
system of supervision, and parental involvement
. Classroom-level interventions involve holding regular classroom meetings about
bullying and peer relations and meetings with parents
. Individual-level interventions involve individual meetings with children who
engage in bully behavior and the students who are being victimized and the role
of the bystander
. Requires partnership and participation with parents and the community.
..
Kim Ma%CIuskLIs
Department of Safe Schools
PX 50922 (561) 982-0922
Date:
February 21, 2006
From:
Alison Adler, Ed.D., Chief
Safety and Learning Environment
The School district of Palm Beach County, Florida
Subject:
Funding Proposal for the Olweus: Bullying Prevention Model and Progrom
The Department of Safe Schools is most grateful for the opportunity to align with the
.mission" of the Department of School Police and the Rodd D. Brickell Foundation to
provide the funding to pilot the this Violence Prevention Program. The Olweus: Bullying
Prevention Model and Program is a research-based, program designed to:
. address the prevention and intervention issues related to bullying and haraSSing
behaviors
. reduce existing bully/victim problems among elementary, middle, and junior high school
students
. prevent the development of new bully/victim problems
. improve overall peer relations
The Department of Safe Schools will provide the implementation of the Olweus: Bullying
Prevention Model and Program and provide the ongoing support, training and monitoring
required establishing the quality and commitment of this program.
Why the Olweus: Bullying Prevention Program?
. Supports the School District Policies and Safety Initiatives involving the District
Campaign Against Bullying
. Addresses the most potentially and/or persistently dangerous behaviors in our schools
. Norm an environment that is conducive to the social, emotional and academic
development of students
. Data reports substantial reductions in the frequency with which students report being
bullied and bullying others in schools that have implemented the program;
. Data reports significant reductions in students' reports of general antisocial behavior,
such as vandalism, fighting, theft, and truancy significant improvements in the .social
climate" of the class schools that have implemented the program.
What is the Olweus Bullying Prevention Program?
The program is not a curriculum. Rather, it is a school-wide program with activities and
interventions at several levels:
Page 1 of 2
Kim Mazauskas
Department of Safe Schools
PX 50922 (561) 982-0922
. School-wide interventions include administration an anonymous student
questionnaire about bullying, formation of a Bullying Prevention Coordinating
Committee, training for staff, the
. Development of school-wide rules against bullying, development of a coordinated
system of supervision, and parental involvement
. Classroom-level interventions involve holding regular classroom meetings about
bullying and peer relations and meetings with parents.
. Individual-level interventions involve individual meetings with children who engage in
bully behavior and the students who are being victimized and the role of the
bystander .
. Requires partnership and participation with parents and the community.
Responsibilities of Department of Safe Schools
. Provide training to foundation members, the Department of School Police,
administrators and staff members at the selected schools sites.
. Direct and facilitate the implementation of the project.
. Participate in regular meetings regarding the progress of the project at each school
site.
. Submit quarterly reports and copies of training evaluations.
· Arrange meeting of on-site coordinators.
. Comply with specified conditions of future trainings of committees.
. Provide follow-up telephone and/or in person consultation to coordinators at each school
site at least once a month or as needed.
. Submit copies of Bullying Prevention Program Workbooks at least twice a year, for each
site, to the Olweus Program @ Clemson University, to the respective Principals, the
Rodd D. Brickell Foundation and the Department of School Police.
. Provide a summary of progress reports to submit semi-annual progress. Site Visit
Requirement Documentati on data will be used on the progress report.
. Provide ongoing recommendations and resources.
Page 2 of 2
OLWEUS
It's the name to remember for
proven-ejJective bullying prevention.
What is the Olweus Bullying
Prevention Program?
It's a school-based K -8 bullying prevention and reduction
program based on large-scale studies of school bullying
conducted by pioneering researcher Dan Olweus. The program
focuses on restructuring the existing school environment to
reduce opportunities and rewards for bullying behaviors. 0'-. .
School staff implement the program with an emphasis on
improving peer relations and making the school a positive, ."
place for students to learn and develop. '----/'
Is the Olweus program research based?
Yes. It is the most widely recognized bullying prevention program
in the world. Schools that have implemented the Olweus program
have docwnented:
. 30% to 70% reductions in student reports of being bullied and
bullying others
. significant reductions in student reports of general antisocial
behavior, such as vandalism, fighting, theft, and truancy
. significant improvements in the "social climate" of the classroom
and student satisfaction with school life
How does the Olweus program work?
Emphasizing a "whole school approach;' the Olweus program uses a
set of routines, rules, and strategies of communication and action for
dealing with bullying problems at the schoolwide, classroom, individ-
ual, and community levels. Strategies include creating a school confer-
ence day to discuss bullying issues, developing schoolwide rules against
bullying, holding regular classroom meetings to increase awareness, and
intervening with children identified as bullies and targets of bullies.
Pre- and post-program student surveys allow schools to target preven-
tion and intervention efforts and measure outcomes.
P. ,tf>"s
&l..\J~~:\.EtlGE
fOR Etl",otl
P~~oOE\.
PROG~1'\
Who is the target audience for the
Olweus program?
The program was developed for use in elementary, middle,
and junior high schools, but it can be effectively implemented
in other community youth organizations. All students participate in
most aspects of the program., while those identified as bullying
others or targets of bullying receive additional interventions.
The Olweus Bullying Prevention Program
Frequently Asked Questions
These talking points are provided to assist you in answering questions from schools looking for a
bullying prevention program. From our experience, these are some of the most frequently-asked
questions. Use these talking points as guides only. It is always best to put responses in your own
words.
BACKGROUND INFORMATION ABOUT BULLYING
What is bullying?
Bullying is a form of aggression in which: (1) the behavior is intended to harm or cause distress, (2)
the behavior occurs repeatedly over time, and (3) there is an imbalance of power or strength among
the parties. This imbalance of power may be physical or psychological. Bullying may be physical
(hitting, shoving), verbal (name-calling, threats), or psychological (shunning, manipulating
friendships).
How does bullying differ from other types of conflict between children?
Bullying can be distinguished from other kinds of conflict between children in a number of ways, but
. most obviously by: (1) the negative behaviors are predetermined and intentionally targeted at a
specific individual (it isn't an accident that this happened); (2) the repetitive nature of bullying (it
isn't usually a one-time event), and (3) the power imbalance between the children.
Why shouldn't you use a conflict resolution or peer mediation program to address bullying
issues?
1. Bullying is NOT a conflict, but is PEER ABUSE. To call bullying a conflict is a distortion and
a trivialization of the victimization that occurs.
2. There is not .some right" and .some wrong" on both sides of a bullying issue. This thinking
places blame on the victim and frees the bully from responsibility for their actions. Bullying
others is wrong! (Provocative victims are sometimes blamed for annoying behaviors that
incite bullying by others. Only 20% of victims are .provocative victims" and still must have
appropriate interventions by adults to get the bullying to stop.
3. Peer mediation assumes that both (the bully and the victim) have the same negotiating
power, creating further infringements upon the victim. The .playing field' or .balance of
power", is not level.
4. Peer mediation tends to take adults out of the equation. Adults must take a moral stand
that bullying is unacceptable behavior.
5. There is far too great a responsibility in instances of bullying to place upon child mediators.
Adults need to claim responsibility for bringing an end to bullying behavior.
rare cases, children who are bullied may feel so desperate that they talk about or attempt suicide.
/
Bullying can also affect children who are bystanders. Children who observe bullying may feel
anxious (perhaps they will be targeted next?) or guilty (for not intervening to stop bullying). Over
time, children who observe frequent bullying may feel less and less empathy for a victim.
In Norway, it was found that children who bullied others were more likely than other children to
become involved in crime and involved with the justice system as young adults. It is important for
schools to understand that when they initiate a bullying prevention program that they are doing so
for the benefit of ALL the youth in the school - not just to protect victims.
OVERVIEW OF THE OLWEUS BULLYING PREVENTION PROGRAM
What is the Olweus Bullying Prevention Program?
The Olweus Bullying Prevention Program is a research-based, school-wide program designed to
reduce and prevent bully/victim problems at elementary, middle, and junior high schools. Designed
by Professor Dan Olweus at the University of Bergen in Norway, the program has been successfully
implemented in a number of countries, including Norway, the United States, Canada, Germany, and
the United Kingdom.
It is important to note that the Olweus Bullying Prevention Program is not a curriculum. Rather, it
is a school-wide, systems change program with interventions at several levels, i.e., school-wide
interventions, classroom interventions, individual interventions, and community involvement. (At the
classroom level, instead of a set of eighteen or thirty-six, one-hour lessons typical of a
.curriculum., the Olweus Bullying Prevention Program asks for schools to designate 20 minutes once
a week for classroom meetings during which students discuss bullying and peer relations. A number
of different resources are available for teachers to use in facilitating these classroom meetings
and activities.)
What does a school need to do to implement the Olweus program?
Briefly, the program elements and action needed to implement the program in each element are as
follows:
School-Wide Elements
1. Form a bullying prevention coordinating committee to spearhead the initiative in the
school. The composition of the committee generally should consist of: a school
administrator, an on-site coordinator, a teacher representative from each grade, a
guidance counselor, a school psychologist/school-based mental health professional (if
applicable), a parent, and a member of the non-teaching staff. In addition, schools are
encouraged to include the school's resource officer and a member of the community (e.g.,
coordinator of after-school programs for the school district), if appropriate.
2. Schedule a two-day training for all members of the Bullying Prevention Coordinating
Committee and provide the Coordinating Committee members time to meet each month for
3
Substantial reductions in the frequency with whkh students report being bullied and
bullying others;
Signifkant reductions in students' reports of general antisocial behavior, such as vandalism,
fighting, theft, and truancy
Significant improvements in the .social climate" of the class.
for specific research information, see the Olweus website at (www.c1emson.edu/olweus).
Can we use this program in a high school setting?
The program is designed for use in elementary, middle, and junior high schools. It has been piloted
in some high schools in the US, but presently there is no research on using the Olweus program in
the high school setting. If a school is interested in using the program for high school audiences,
please contact Marlene Snyder, Ph.D., 864-710-4562, to identify specific challenges in
implementing the program at the high school level.
PROGRAM MATERIALS AND COSTS
What materials are needed for the program?
Note that all materials are listed and described on the Olweus website: www.c1emson.edu/olweus.
Materials for each staff member:
Bullying at School: What We Know and What We Can Do by Dan Olweus (1993);
Olweus' Core Program Against Bullying and Antisocial Behavior: A Teacher Handbook by Dan Olweus
(1999).
Materials for each coordinating committee member:
Bullying at Schoo/: What We Know and What We can Do by Dan Olweus (1993);
Olweus' Core Program Against Bullying and Antisocial Behavior: A Teacher Handbook, by Dan
Olweus (1999);
Additional required materials for each school include:
The Olweus Bully/Victim Questionnaire and the computer program for evaluating the questionnaire
results.
Recommended Supplemental materials include:
Quit It-A Teacher'sGuide for Use with Students in Grades K-3, by Froschl, Sprung, & Mullin-
Rindler, with Stein & Gropper (1998).
Bullying video and accompanying Teacher Guidebook (1996)- for grades 3-8.
5
trained as a committee member and for committee member duties such as teaching other
staff members, substitutes for teaching staff attending training, funds for supplemental
books and materials on bullying, funds for activities associated with a "kick-off" of the
program, information letters to parents, etc.}
TRAINING INFORMATION
Is training recommended for the program?
Yes. Training and ongoing consultation are available to schools. Training is important to help ensure
that the Coordinating Committee at each school has the necessary information and strategies to
successfully launch and sustain the Olweus Bullying Prevention Program with fidelity. The purpose of
consultation is to provide ongoing assistance in the implementation of program elements, with
particular attention to trouble-shooting problems areas that may arise, and helping to maintain the
program over time.
Training and consultation services for schools include:
. A 2-day training is offered to members of a school's Bullying Prevention Coordinating
Committee. Trainings are conducted by certified trainers.
. Ongoing telephone consultation for a full school year (at least 10 months) with a certified
trainer.
Coordinating Committee Training Objectives
1. Increase participants' knowledge about the nature and prevalence of bullying among children
and youth.
2. Through interactive learning, familiarize participants with all core elements of the Olweus
Bullying Prevention Program.
3. Develop a plan (including a timeline) to implement the Olweus Bullying Prevention Program in
the school.
Who should attend the training?
Training is offered to members of a school's Bullying Prevention Coordinating Committee. This
committee typically consists of 8 to 13 members and include:
. A school administrator (principal or assistant principal)
. A teacher representative from ..each grade
. A guidance counselor and/or school-based mental health professional
. A parent
. A member of the non-teaching staff (e.g., bus driver, cafeteria worker)
7
How many school committees can be trained at one time?
As the training involves much interaction between participants and the trainer and building-level
planning, no more than two school committees may be trained at one time by a trainer. If two
trainers are present, they may train up to three committees at one time. If two trainers are
present (required when 3 school committees are being trained), fees may increase accordingly, up to
a maximum of $4,500 for the 2-day training.
Contracts for the training and consultation are made between the trainer and the schools. The
Olweus Program is not involved in setting the fees for independent trainers, but does have the
charges .capped" as outlined above. Some states have developed state-wide networks of trainers
that may be available at no charge or reduced fees to the schools.
Who can I talk to about our school's specific training needs? I
Refer all training requests to Kaylene McElfresh. Kaylene will do Q basic needs'assessment, which
she will then send on to Marlene Snyder, Ph.D. at nobully@c1emson.edu or phone her at 864-
710-4562.
What if our school district wants to have a trainer who can train committees rather than
bringing in an outside trainer?
School districts with four or more buildings may find that it is economically reasonable to have a
trainer for their school system. Currently we have over 120 individuals certified in the Olweus
Bullying Prevention Program in the United States. Periodically, we ofter a training of trainers (TOT)
for highly qualified individuals who are interested in becoming a certified trainer in the program.
These trainers are certified to train school Bullying Prevention Committees only - this training does
not allow training of other trainers.
TOTs are conducted by two or more of our five Master Trainers only. (At the present time,
Master Trainers include: Dr. Sue Limber and Dr. Marlene Snyder, Clemson University, Clemson,
South Carolina: Dr. Vicki Flerx, University of South Carolina, Columbia, South Carolina; Nancy
Mullin-Rindler, Wellesley College, Wellesley, Massachusetts: and Jane Riese, M.S.W., L.S.W.,
Family-Child Resources, Inc., York, Pennsylvania.)
How often are the Training Of Trainers (TOTs) held?
Historically, the Olweus Bullying Prevention Program has held several state-level TOTs and one
national TOT each year. Traditionally, the national TOT is held in South Carolina, either at Clemson
University, or in Greenville, South Carolina during the summer months. Dates for trainings are
located at the Olweus Website. If a date has not yet been posted on the website and you are
interested in notification of the next TOT, please send an email to Dr. Marlene Snyder at:
nobully@c1emson.edu. Include all your contact information (Nome, School Name, Address, Phone
Number, and Email Address). State clearly that you are interested in becoming a certified Olweus
trainer and would like to have information about the next TOT when those dates become available.
9
nobully@c1emson.edu. She will be happy to the seek permission from a site similar to yours and
put you in touch with them.
FUNDING FOR THE PROGRAM
Where con we find funding for the Olweus Bullying Prevention Progrom?
Schools that implement the Olweus program have sought funding from may different sour-ces,
including:
u. S. Department of Education, Office of Safe and Drug Free Schools
U. S. Department of Justice, Office of Juvenile Delinquency Prevention
School district funds
county health department funding
In some circumstances, Title I, Title IV and Title V funds can be used for the program.
City Block Grants are another possible funding source.
Some schools have found eager sponsorship from local businesses.
Concerned parents have often given financial support and manpower support for bullying prevention
efforts in their schools through their local PT A organization.
II
;:)/"uvm':'fi IVlooel rrograms: mro on Model .Programs
Page 1 of2
Olweus Bullying Prevention
.it
UniwJul Jndita1.t.d
~ Print All Sections I :i~ Email All Sections I Back to List
Brief ProGram Description I ProGram Backoround I Intended Population
Evaluation Desion and Outcomes I Benefits I TraininG Schedule I Prooram Fidelity
How It Works I Implementation Essentials I References I ProGram Developer Bio
Contact Information
Brief Program Description
Olweus Bullying Prevention is a multilevel,
multicomponent school-based program designed to
prevent or reduce bullying in elementary, middle, and
junior high schools (students 6 to 15 years). The
program attempts to restructure the existing school
environment to reduce opportunities and rewards for
bullying. School staff is largely responsible for
introducing and implementing the program. Their efforts '
are directed toward improving peer relations and
making the school a safe and positive place for students
to learn and develop.
While intervention against bullying is particularly
important to reduce the suffering of the victims, it is
also highly desirable to counteract these tendencies for
the sake of the aggressive student, as bullies are much
more likely than other students to expand their
antisocial behaviors. Research shows that reducing
aggressive, antisocial behavior may also reduce
substance use and abuse.
Recognition
Model Program: Substance Abuse and Mental Health
Services Administration, U.S. Department of Health and
Human Services
.------~----
· A 30% to 70%
redtJCtjon In
stuOeflt reports
of being bu"ied
and bullying
others; restrlts are
largely parallel
With peerratln95
and teacher
ratinSls
· Significant
reductions In
student reports of
general antisocial
behavior
(e.g.. vandalism,
fighting, theft,
and truancy)
· SignifICant
impn:.verrlf!>tlts in
dassroom on:ler
and dlSOpline
· More positive
attitude toward
schoolwor1< and
school
Model Program: Office of Juvenile Justice Delinquency Prevention
Brief Prooram Description I Prooram Backoround , Taroet Areas I Intended Population
Evaluation Desion and Outcomes I Benefits I Trainino Schedule I Prooram Fidelity
How It Works I Implementation Essentials I References I ProGram Developer Bio
Contact Information
/ /modeJprograms.samhsa.gov/tempJate cfcfin ?page=modeJ&pkProgramID=20
8/2/2005
Olweus Bullying Prevention Progam
Quantity
Program Materials
130 Olweus, Dan. Bullying at School: What We Know and What We Can Do
(Oxford: Blackwell Publishers, 2001)
Cost per
Item Total Cost
$23.00 $2,990.00
2
The Olweus Bully/Victim Questionnaire and computer program
(used with windows 98) for evaluating the Questionnaire results
PC Program for two schools.
The Olweus' Core program Against Bullying and Antisocial Behavior
A Teacher Handbook by Dan Olweus
Quit It! A Teachers Guide on Teasing and Bullying for use with
Students in Grades K-3
$150.00
$300.00
130
$32.00
$4,160.00
10
$20.00
$200.00
Subtotal
$79.95 $479.70
$15.00 $150.00
$15.00 $90.00
$50.00 $100.00
$50.00 $100.00
Subtotal $919.70
1'.' !it~~~lJi;~_lJIlIIlllillll!lll'liriR_i.'JWFI:lJiiil!TIfIIl _ Wi
Training/Consultation Costs (district in-kind contribution)
1 1/2 to 2 day Training-School Bullying Prevention Coordinating Committee
Travel for Trainers
Continued Follow-up ConsultationfTelephone Per Hour
Required Supplemental Resources
6 U.S. Video: Bullying and accompanying Teacher Guidebook
10 Supplemental Lesson Plans
6 BluePrints for Violence Prevention: Bullying Prevention Program
2 Boxes of Diskettes
2 Boxes of CD-RW
$3,700.00
$300.00
$1,500.00
Subtotal
Discipline Committee-Project Coordinators
Stipend (per school)
$2,500.00
Subtotal
;_ ,,~:,~;>,/.' r':':~>::;'t " .~"l"', -~~~~\;:..I(!!;\!~ii:;;I,:~':"r~':ir,::_</;i;:/ t
Miscellaneous
Stipends for members or the Bullying Prevention Coordinating Committee
(Initial/additional/ongoing training per schools
Substitute Pay to cover classes while teaching staff attends training (per
schools)
Funds for "Kick - Off" (per school)
$2,500.00
$5,000.00
$1,000.00
$500.00
$2,000.00
$1,000.00
Total Cost - Year 1 - SY05-06
SY 2005-2006
Training/Consultation Costs (district in-kind contribution)
Total for Year 1
$24,569.70
$4,750.00
$19,819.70
Olweus Bullying Prevention Progam
Total Cost - Year 2 - SY06-07
SY 06-07
The Olweus Bully/Victim Questionnaire and computer program
(used with windows 98) for evaluating the Questionnaire results.
PC Program for two schools.
Stipends for members or the Bullying Prevention Coordinating Com.-
initial/additional/ongoing training (per school)
Training/Consultation Costs (district in-kind contribution)
2
$300.00
$2,500.00
Total Cost - Year 3 - SY07-0B
SY 07-08
Training/Consultation Costs (district in-kind contribution)
SY 07-08
Training/Consultation Costs (district in-kind contribution)
2 The Olweus Bully/Victim Questionnaire and computer program
(used with wi?doWS 98) for evaluating the Questionnaire results. $300.00
PC Program for two schools.
Stipends for members or the Bullying Prevention Coordinating Committee $3,000.00
initial/additional/ongoing training (per school)
Training/Consultation Costs (district in-kind contribution)
Total for Year 3
$600.00
$5,000.00
$5,000.00
$600.00
$6,000.00
$5,000.00
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER W/\
AGENDA ITEM # ~e - REGULAR MEETING OF APRIL 4,2006
AMENDMENT NO. l/GENERAL CONSULTING ENGINEERING
SERVICES AGREEMENT /MCMAHON ASSOCIATES. INC.
TO:
SUBJECT:
DATE:
MARCH 31, 2006
This is before Commission to approve Amendment No.1 to the General Consulting Engineering
Services Agreement between the City and McMahon Associates, Inc. to provide for a 5% increase in
the cost of professional engineering services.
McMahon is requesting an increase to their hourly rates pursuant to Section VII(A)(2)(a) of the April
28, 2004 General Consulting Engineering Services Agreement. The current agreement allows for an
increase of hourly rates not to exceed 5% in a twelve (12) month period. This is the first request for
an increase to the hourly rates. The new rates are shown in the attached Exhibit "B"
Recommend approval of Amendment No. 1 to the General Consulting Engineering Services
Agreement between the City and McMahon Associates, Inc. to provide for a 5% increase in the cost
of professional engineering services.
S:\City Clerk\agenda memos\CM Amend 1 Mae Volen040406
City Of Delray Beach
Department of Environmental Services
M
E
M
o
R
A
N
D
u
M
\ \\ \ \ \ cl1l)cl..:lru;.b.t;;!.:JLl:Clln
FROM:
David T. Harden, City Manager
Randal L. Krejcarek, P.E., City Engineer B~
TO:
DATE:
28 Mar 2006
SUBJECT:
Amendment # 1 to the Agreement
for General Consulting Engineering Services
McMahon Associates, Inc.
Agenda Item
The attached agenda item is a request from McMahon Associates, Inc. to increase their hourly
rates charged under the above referenced General Consulting Engineering Services Agreement.
Pursuant to Section VII(A)(2)(a) of the agreement, the consultant is allowed to request an
increase of hourly rates not to exceed 5% in a twelve month period. The current agreement with
McMahon Associates, Inc. has been in effect since April 2004 and this is the first request for an
increase to the hourly rates. Exhibit "8" in the attached Amendment #1 reflects the new rates for
your review and approval.
Please place this on the 04 April 2006 Commission agenda.
Thank you.
enc
cc: Richard Hasko, P.E., Director of Env. Svcs.
Susan Ruby, City Attorney
City Clerk's Office
File
S'IEngAdminIProjectsI200412004-019ILETTERSI2006-04-04 agenda memo mcmahom rates. doc
AMENDMENT NO.1 TO THE AGREEMENT
FOR GENERAL CONSULTING ENGINEERING SERVICES
THIS AMENDMENT NO.1 to the Agreement dated April 28, 2004 is entered into this
day of
, 200_, by and between the City of Delray Beach, located in
Palm Beach County, Florida, a Florida municipal corporation ("the CITY") and McMAHON
ASSOCIATES, INC., hereinafter referred to as ("CONSULTANT").
WITNESSETH:
WHEREAS, the Agreement for General Consulting Engineering Services, dated April
28, 2004, between the parties (hereinafter called, "the Agreement"), is hereby amended to
provide for a revised Exhibit "B" that reflects the new rates charged by CONSULTANT for
engineering services.
NOW, THEREFORE, in consideration of the promises and covenants set forth herein,
and the good and valuable consideration as provided for herein, the parties agree as follows:
I. Recitations. That the recitations set forth above are hereby incorporated as if
fully set forth herein.
2. Revision. Exhibit "B" to the Agreement is hereby revised and modified and the
new Exhibit "B", attached hereto, is substituted therefore and is hereby incorporated in this
Amendment No.1 to the Agreement, as if fully set forth herein.
3. Full Force and Effect. All other terms and conditions of the Agreement, not
expressly modified by this Amendment No. I thereto remain in full force and effect.
4. Entire A2reement. This Amendment No.1 along with the original Agreement is
the entire Agreement between the parties.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
By:
Jeff Perlman, Mayor
Approved as to Form:
By:
City Attorney
WITNESS:
(print or type name)
(SEAL)
STATE OF Florida
1':1\ Helen S venetuca
,!J.j MyCommilliOnD0S27518
"" ElcpiAIS AugUll25. 2001
2
EXHIBIT B
2003 Hourly Raw 2003 Rates X 3.00 2003 Hourly 2006 Rates X
Employer Category 3. 00 Multiplier
Salary Rates Multiplier (1) Rates X 5% (2)
Professionals -- Engineers, Architects, Planners, Economists, Scientists,
Hvdrologists, Hydrogeologists, Geologists, etc.
Principal Engineer $62.00 $160.00* $65.10 160.00*
Senior Engineer $41.80 $125.40 $43.89 $131.67
PrQject Engineer $34.60 $103.80 $36.33 $108.99
Staff Engineer $24.90 $74.70 $26.15 $ 78.45
Senior Planner $32.70 $98.10 $34.34 $103.02
Project Planner $28.10 $84.30 $29.51 $ 88.53
· Maximum rate pennitted through contract duration. I
Technicians -- Drafters, Graphic Artists, Computer, Surveyors,
Cartographics, Construction Inspectors, etc.
Senior CADD Technician $24.80 $74.40 $26.04 $ 78.12
CADD Technician $22.40 $67.20 $23.52 $ 70.56
Office SUDDort
Clerical $17.00 $51.00 $17.85 $~3.55
(1) Audited Overhead 172%, with 10% Profit.
(2) Audited Overhead 185%, with 10% Profit.
6
Date:
28 Mar 2006
AGENDA ITEM NUMBER:
ZE
AGENDA REQUEST
Request to be placed on:
-X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
04 Anr 2006
Description of Agenda Item (who, what, where, how much):
Approval/authorization for Mayor to execute Amendment Number 1 to the agreement for
General Consulting Engineering Services Agreement with McMahom Associates, Inc., dated 28
April 2004. Amendment Number 1 provides for a 5% increase in the cost of professional
engineering services charged by McMahom Associates, Inc. This Amendment is subject to
review and approval by the City Attorney.
Staff Recommendation: ADDro~ U
Department Head Signature: G ~~- 4..-
City Attorney Review/Recommendation (if applicable):
, --'l..j'"- 0 ~
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: N/A
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda:@ I No Initials: fJJv1-
Hold Until:
Agenda Coordinator Review:
Received:
S: \EngAdmin \Projects \2004 \2004-0 19\LETTERS\2006-04-04 agenda mcmahom rates. doc
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER(ffv'\
AGENDA ITEM # ~ - REGULAR MEETING OF APRIL 4. 2006
ACCEPTANCE OF 2004/2005 ANNUAL FINANCIAL REPORT
TO:
SUBJECT:
DATE:
MARCH 31, 2006
This is before Commission to accept the Comprehensive Annual Financial Report for fiscal year
ended September 30, 2005; a formal presentation of the report will be made at the April 11, 2006
Commission Workshop Meeting.
Recommend approval of the acceptance of the Comprehensive Annual Financial Report for fiscal
year ended September 30, 2005.
S:\City Clerk\agenda memos\CM Annual Fin Rpt 040406
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
_x_ Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: _April ~ 2006
Description of agenda item (who, what, where, how much):
The City Commission is requested to accept the Certified Annual Financial Report for fiscal
year ended September 30, 2005. A formal presentation of this report will be made at the
next City Commission workshop meeting.
Department Head "....-- ~
Signature: .....\ . ~ "'"
City Attomey Review/Recommendation (if applicable):
Budget Director Review (required on aD items involving expenditure of funds):
Funding Available: Yes / No Initials: ~
N)1l.
w\~
NI P\
tJ I A
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: & I No Initials:~
Hold Until:
Agenda Coordinator Review:
Received:
e
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
AGENDA ITEM CITY COMMISSION MEETING APRIL 4,2006
SPECIAL EVENT REQUEST - A VDA 5K WALK/RUN
FROM:
SUBJECT:
DATE:
March 27, 2006
ACTION:
City Commission is requested to endorse the 9th Annual Aid to Victims of Domestic Abuse, Inc.
5K WalklRun to be held on Saturday, October 14, 2006 from 7:30 a.m. until approximately
noon, with set up at 6:00 a.m., to grant a temporary use permit per LDR Section 2.4.6(H) for the
use of Anchor Park and the City right-of-way along Ocean Boulevard from Casurina to George
Bush Boulevard, to waive parking meter fees in Anchor Park and Sandoway lot, and to authorize
staff assistance for providing traffic control, barricading, signage, trash pick up and removal, and
set up and use of the small stage.
BACKGROUND:
Attached is a letter and permit we received from Jenny Mahoney, on behalf of A VDA, to hold
their 9th Annual 5K WalklRun on Saturday, October 14, 2006 with set up beginning at 6:00 a.m.
and the event to start at 7:30 a.m. The route requested is on A-I-A from Casurina to George
Bush Boulevard. A VDA volunteers will assist with marshals and will provide assistance with
clean up. The stage will be set up in the park on Friday. The estimated overtime costs for the
event is approximately $2,330 and stage rental is $266. Per event policies and procedures the
charge for City services will be approximately $800. A budget, site plan, and 501(c) 3
certification for the event are attached. EMS services will not be needed. A VDA does not, as
yet, have a newspaper sponsor but they are trying to get the Palm Bach Post as their print media
sponsor.
RECOMMENDATION:
Staff recommends approval of the event, the temporary use permit, and the waiver of parking
fees. We also recommend authorization to provide staff assistance for traffic control,
barricading, signage, clean up and stage set up and use, contingent on the sponsor providing the
required liability insurance. We also recommend the waiver of parking meter fees from 7:30
a.m. until noon.
RAB/tas
File: u: sweeney/events
Doc:Agenda Memo A VDA 5K Walk Run 2006
oA
by!
~G
City of Delray Beach
Special Event Permit
Application
PLEASE PRINT
~~c
;:;'1:'8,. ~/ ""
Ct';"-."c:. 6' ., ~D
, j.- '- //)
4i '-. . '(I},f
~4~1,.
"1r\'
....'C'Jil
Event NamelTitle:
AVDA's Community of Hope 5K Run/Walk
Event Date(s):
October 14, 2006, Saturday
Event Time(s):
7:30 am -12:00 noon (set-up 6:00 am)
Event Sponsor/Producer: Aid to Victims of Domestic Abuse, Inc.
Event Contact/Coordinator:
Name: Jenny Mahoney
Address: PO Box 6161, Delray Beach, FL 33482
Telephone Number: 561.265.3797, XI02
E-mail Address: jmahoney@avda-fl.com Cellular Number: None
Event Description/Purpose: SK Run/Walk for families. Event will have exhibits from
healthcare and wellness groups and will include a Kids' Area complete with games. All
refreshments, including water, juice and bagels will be provided at no cost. The purpose
is to raise funds to continue providing crisis counseling, meals, comprehensive case
management and other services to homeless battered adults and children.
Sponsor Category (please check) City _ Non-Profit/Charitable! Private _
Co-Sponsor - Non-Profit/Private _
(If Non-profit attach proof of 501 c(3) or (d))
Event Location (Describe area boundaries of eventllocation):
Anchor Park northbound and southbound on AlA roadway. Walkers/runners would gather
at Anchor Park and travel northbound on AlA roadway to George Bush Blvd., turn around
and continue walking southbound on AlA roadway, returning to Anchor Park. This would
require AlA be closed from Anchor Park to George Bush Blvd. from 7:30 am -9:30 am.
Site plan attached yes X
(Site plan required for entire event site)
no
Event budget attached
(Required for all events)
Serving or selling alcoholic beverages yes no X
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event)
yes X
no
1
Event certificate of insurance attached
(Required two (2) weeks prior to event
naming the City as additional insured,
also required for vendors)
Playing of amplified music
(Waiver required) Radio Station
yes
no X-will provide
yes X
no
Requesting Police assistance (traffic
control/security)
Will supplement with private security
(If yes, need plan attached)
yes X
no
yes
no X
Requesting Emergency Medical assistance yes X no
Requesting barricade assistance
yes X
no
Requesting trash removal/clean up assistance yes no X
Requesting trash boxes and liners
yes X
no
Requesting stage use yes X no
(If yes, check type)
Large stage covered _ Large stage no cover _ SmaU stage _X_Half small stage _
Requesting signage yes no X
Type: Event sign Directional signs
Banner hanging Indicate dates required
(Waiver required if more than one (1) week prior to event)
Food and beverage vendors
If yes, approximate number
Health Department approval
Other vendors (Exhibitors only)
yes
no X
no X
yes
yes
no X
~~ ~ ooX
(If yes, tent permits and fire inspections maybe needed)
Will the event include amusement rides yes no X
(If yes, type and location and copy of liability insurance required)
Will the event be gated
(Show on-site map)
yes
no X
2
Will there be fireworks or other pyrotechnics
(If yes, contact Fire Marshall)
yes
no X
Will there be cooking with compressed gas
(If yes, contact Fire Marshall)
yes
no X
Will you be providing port-a-Iets for the event yes no X
(If yes, locate on-site map. If no, indicate how you will handle restroom needs)
We wII1 use pubBc facUities at Anchor Park
Will there be a charge for the event (If yes, yes
indicate ticket prices)
no x
Is reserved parking requested yes X
(If yes, indicate locations)
Anchor Park meter fee waived 6:00 am -
12:00 noon and Sandoway Park from 7:00
am - 11 :00. Addl. parking will be on A 1 A.
Event Contractor/Coordinator
Please print: Jenny Mahoney
no
Date: February 7, 2006
Please enclose the appropriate non-refundable application fee payable to the
City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
.W
Application fee received Jj '::>-0 ~
For Staff Use Onfx. I
Date Received ~/ ~ /D<O
Site ma~dget V'"
Certificate of insurance
Hold Harmless agreement.
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval /
501 c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
3
Aid, to Vi~ms of Domes~c A~useJ Inc.
COMMUNITY OF HOPE
5K RUNlWALK .
REVENUE
.I (I.,l*i~ ~.: :: .. :,~ ~"_~~ /t::, <~.)' '-":.~,"I ~:(\?: >~:~~ >.. ~ '; ~ ~,:/\' I~, ,:-'~., .-.,',,~ :"r/ -'.':: ~.: .....'~ ':~: ,"~'"~.i. '\: (,,',: 9~. \ ':< ... I~, ~. .'-,. I ~, r. ,01'">, R ">';:'~~.\:~I~' :~.:. '-: <.. " \ . ,'ll" : ... - p.. .../',- '. ;.:. ,,\ .~: .<1: ~
In.f{lnd
Sponsorships
Gokj Sponsor
Silver Sponsors (4)
Bronze Sponsors (6)
Hope Spon$OtS (10)
A<:tual
$10,000.00
$6,000.00
$5.000.00
TotaLSponsoahips_.. .--____... _'__'_ .-.-------.__.SU,QQQJlQ. .__....__._ _'___ J~._.~~ ..,__... 1%1.000.00
. -------------
Participant Donations: Anticipating ZOO Participants
CofpJOrg. Teams $2,500.00
School Teams $2,500.00
Indlvfduals $3,500.00
Total Participant Donationa
Miscellaneous Donations
No Sweat Donations
General DonatJons
Total Miscellaneous Donations
'--
TOTAL REVENUES
$8,600.00
$0.00
'1,500.00
$500.00
$250.00
$760.00
$0.00
$760.00
$3O.~.OO
EXPENSES
, Beverages & Ice
DeooratIons
FirelRascue
food
Miscellaneous
Postage
City Services
Printing - Registration Fonn
Printing - Signs
Printing - Tshirts
Trophies/Awards
TOTAL EXPENSES
$0.00
$150.00
$300.00
$0.00
$200.00
$350.00
$600.00
$0.00
$205.00
$1,250.00
$225.00
$3.280.00
TOTAL INCOME LESS EXPENSES
526,970.00
NET INCOME
Ondudes In-Kind SponsorshIps)
(Excludes In-Kind Sponsorshlps)
$26,970.00
.
I
I
I
I
I
I
I
I
I
I
I
I .
I
I
I
I
I
I
I
~.
)>
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
110 11010
~
~
>" ..
~
pDD
oo-.w
i
HI ·
m+
z
-... -.....------
---
----
-------
...........
...""...---
----
o
VI
Internal Revenue Service
. Department of the Treasury
P. o. Box 2508
Cincinnati. OH 45201
. ,~
Person to Contact:
Ms. Smith #31-07262
Contact Representative
Toll Free Telephone Number:
1:00 LID. to 1:30 p.m. EST
Sn-829-5500
Fax Number:
513-263-3756
Federal Identification Number:
59-2486620
Date: August 25, 2003
Aid to Victims of Domestic Abuse. Inc.
P.O. Box 667
Dekay Beach, FL 33447-0067
Dear Sir or Madam:
This is in response to your request of August 25, 2003 regarding your organaation's tax-exempt status.
In July 1985 we issued a determination letter that recognized your organization as exempt from federal incOme"
tax. Our records indicate that your organization is currently exempt under section 501{cX3) of the Internal .
.
Revenue Code. .
Based on information subsequently submitted, we classified your organization as one that is not a private
foundation within the meaning of section 509(a) of the Code because it is an organization described in
s ;on(s) 509(a)(1) and 170(b)(1XaXvi). .
This classification was based on the assumption that your organization's operations would continue as stated
in the application. If your organization's sour~s of support, or its character. method of operations, or
purposes have changed, please let us know so we can consider the effect of the change on the exempt status
and foundation status of your organization.
Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its
gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th
day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty
of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the
delay.
AJI exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance
Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a
calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act
(FUTA).
Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the
Code. However, these organizations are not automatically exempt from other federal excise taxes.
Donors may deduct contributions to your organization as provided in section 170 of the Code. Bequests,
el"l~cies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift
,Jurposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code.
-2-
/~
Aid to Victims of Domestic Abuse, Inc.
59-24a6620
Your organization is not required to file federal income tax returns unless it is subject to the tax on unrelated
business income under section 511 of the Code. If your organization is subject to this tax. it must file an .
income tax return on the Form 990- T, Exempt Organization Business Income Tax Return. In this letter. we are
not determining whether any of your organization's present or proposed activities are unrelated trade or
business as defined in section 513 of the Code.
Section 6104 of the Internal Revenue Code requires you to make your organization's annual return available
for public inspection without charge for three years after the due date of the return. The law also requires
organizations that received recognition of exemption on July 15,1987. or later, to ~e available for public
inspection a copy of the exemption application, any supporting documents and the exemption letter to any
individual who requests such documents in person or in writing. Organizations that received recognition of
exemption before July 15, 1987. and had a copy of their exemption application on July 15,1987, are also
required to make available for pUblic inspection a copy of the exemption appDcation, any supporting
documents and the exemption letter to any individual who requests such documents in person or in writing.
For additional information on disclosure requirements. please refer to Internal Revenue BuDetin 1999 -17.
.
.
Because this letter could help. resolve any questions about your organization's exempt status and foundation
JS, you should keep it with the organization's permanent records.
If you have any questions, please call us at the telephone number shown in the heading of this letter.
This letter affirms your organization's exempt status.
Sincerely,
g~~~
John E. Ricketts, Director, TElGE
Customer Account Services
~
MYDELRAYBEACH.COM
City of Delray Beach
Administrative Services Memorandum
TO:
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
FROM:
SUBJECT:
Agenda Item City Commission Meeting April 4, 2006
Donation Community Chair Project
DATE:
March 27,2006
Action:
City Commission is requested to consider acceptance of a donation from the West Atlantic
Redevelopment Coalition of twelve (12) Adirondack chairs which were part of the
Community Chairs Project.
Backflround:
Attached is a letter received from Lamar Shuler-Chairman of the West Atlantic
Redevelopment Coalition indicating that W ARC wishes to donate twelve (12) Adirondack
chairs which were installed on City property as part of the Community Chairs Project to the
City. If accepted the City will be responsible for maintenance of the chairs and removal prior
to a hurricane.
Recommendation:
Staff recommends acceptance of the donation of twelve (12) Adirondack chairs from W ARC
to become part ofthe City's public art inventory.
RAB/tas
File:u:sweeney/agenda
Doc: Agenda Memo Donation Community Chair Project
8t\
~
~west
Atlantic
Redevelop ment
Coalition
March 16, 2006
David T. Harden
City Manager
100NW 1st Avenue
Delray Beach, FL 33444
RE: Donation of Chairs - Community Chairs Project
Dear David,
Last year W ARC and the CRA sponsored the "Community Chairs Project," a public art
project funded by a grant from the Community Foundation of Palm Beach and Martin
Counties. The project involved the painting of twelve (12) Adirondack chairs by local
artists for placement along the City's designated Cultural Loop. The chairs are currently
on display at the Green Market, the City Attorney's office, and the main fire station on
West Atlantic Avenue.
As all of the chairs are on City-owned property, we feel it would be appropriate for the
chairs to become the City's property as well. At last night's meeting the W ARC board
voted to officially donate the twelve chairs to the City, to be made part of its public art
inventory .
If there is any problem with the City accepting the chairs, please contact CRA Director
Diane Colonna to see if it can be resolved. Thank you for your consideration of this
matter.
J es Lamar Shuler
Chairman
West Atlantic Redevelopment Coalition
d(
~I
[ITY DF DELRAY IEA[H
CITY ATTORNEY'S OFFICE
2()() I\W I sl AVENUE. DELRAY BEACH. FLORIDA 33444
TFLEI'HONE: ,)6j;'.).P-7()l)(). FACSIMILE: ')61/278-47')')
DELRAY BEACH
~
All-America City
Writer's Direct Line: 561/243-7091
, III I! DATE:
MEMORANDUM
March 29, 2006
1993
2001
TO:
FROM:
City Commission
David HardenSilY Manager
~'---
Brian Shutt, Assistant City Attorney
SUBJECT: Consent to Subcontract Request bv Waste Manaqement
WM has requested the City's consent to allow it to use a subcontractor to collect
vegetative and bulk waste in the City. The subcontractor is Eastern Waste
Systems, Inc. (EWS) and WM has outlined its reasons for the request in the
attached letter. If the consent to subcontract is granted, WM will still be liable to
the City for compliance with the franchise terms and will be responsible for all
actions taken by EWS. City staff recently met with WM representatives regarding
this issue and felt that it would be best to give WM a 30 day window to show that
the standard of vegetative and bulk collection would not be effected by the use of
EWS trucks and personnel. Therefore, if this consent is approved, it is requested
that the consent be limited to a 30 day time period. If the use of EWS during the
30 day period is acceptable then this item will be brought back to the Commission.
Our office requests that this item be placed on the April 4, 2006 City Commission
agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Doug Smith, Asst. City Manager
Lula Butler, Director of Community Improvement
ox.
CONSENT TO SUBCONTRACT
The undersigned, the City of Delray Beach, a Florida municipal corporation, being a
party under that certain agreement dated September 20,2001 and originally between the City of
Delray Beach and BFI Waste Systems of North America, Inc., and later transferred to Waste
Management Inc. of Florida does hereby give consent to allow Waste Management Inc. of
Florida to subcontract out the residential bulk vegetative clam shell pickup service to Eastern
Waste Systems, Inc. (EWS). EWS clam shell trucks, while working in the City, shall have the
Waste Management name and phone number provided on the truck. Waste Management shall
still be responsible to comply with all of the terms and conditions of the Agreement and shall be
responsible for all actions or inaction taken by EWS. This consent may be withdrawn at any
time by the City, in its sole and absolute discretion, if the performance of EWS is not adequate
or fails to meet the needs of the residents ofthe City.
This Consent to Subcontract is only given for a 30 day period, however, it may be
extended upon mutual consent of both parties. The 30 day period shall commence upon the
execution of this document by the Mayor and City Clerk.
IN WITNESS WHEREOF, the undersigned has signed this instrument on this _ day
of ,200_.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By: By:
City Clerk Jeff Perlman, Mayor
Approved as to legal form and
Sufficiency:
By:
City Attorney
VWVl.
WASTE MANAGEMENT
PALM BEACH
6511ndustrial Way
Boynton Beach, FL 33426
(561) 547-4000
(561) 547-7181 Fax
March 15, 2006
Brian Shutt, Esq.
Assistant City Attorney
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Residential and Commercial Solid Waste, Vegetative
Waste and Recycling Collection Franchise Agreement
Dear Mr. Shutt:
Please consider this letter as Waste Management Inc. of Florida's request to authorize
use of Eastern Waste Systems, Inc., a Florida corporation ("EWS"), to collect vegetative
and bulk waste in the City. We are seeking approval as the result of the discussions at
our recent meeting.
There are several reasons for this request. As you know, vegetative and bulk waste
require the use of specialized equipment for efficient collection. The volume of this type
of debris has surged since the most recent hurricanes. Acquisition of this equipment and
the drivers to operate these vehicles has proved to be a difficult task. With both internal
capital and personnel in short supply, we looked for local companies that had the ability
to perform this service.
Accordingly, in Delray Beach, we subcontracted with EWS. As you know, under a
subcontract, Waste Management is still liable for the delivery of the service. We
supervise EWS' collection efforts and maintain the records of the debris collected. Our
performance bond and insurance is available for the City's protection. Further, we
continue to be liable for any fines for service below the contract standard.
In order to avoid confusion, at the City's suggestion, we have required EWS to affix
Waste Management signs to EWS trucks so as to not confuse the residents regarding
which company is doing the collecting.
(-
~
r..^... ..".....,An" ,.,,1JD,.t-inn i-n Dnvirnnml!ntal DrotectiaR. Think Green;M Think Waste Manaqement.
2
We did not request prior approval from the City to subcontract with EWS. As we read
the Franchise Agreement, the applicable provision limits this requirement to
"assignments" of all or part of the obligations or rights under the contract. We have not
made such an assignment and in good faith do not believe the consent of the City is
required. Waste Management is still the responsible party for all issues regarding all
work done in the City including the subcontracted work. We indemnify the City for our
conduct under the Franchise Agreement and will do so for the acts and omissions of
EWS while performing services for us in the City.
That being said, we understand your need to control waste collection in the City.
Accordingly, please advise me as to when this matter will be brought before the City
Council for approval.
Sincerely, // /'
-l3t~~ ~
HAROLD "BUTCH" CARTER
Government Affairs
.
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
FROM:
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING APRIL 4, 2006
SPECIAL EVENT REQUEST - BED RACE
DATE:
March 27, 2006
ACTION:
City Commission is requested to endorse the 9th Annual Bed Race and Street Dance proposed to
be held on May 11, 2006 from 5:30 p.m. until 10:00 pm.; to grant a temporary use permit per
LDR's Section 2.4.6(H) for the use and closure ofNE 2nd Avenue between NE 151 Street and NE
2nd Street and NE 2nd Street east and west ofNE 2nd Avenue to the alleys, and to authorize staff
support for traffic control and security, EMS assistance, trash removal and clean up, barricading,
use and set up of the small stage, and preparation and installation of event signage.
BACKGROUND:
Attached are an event permit, site plan, budget and proof of non-profit status received from Sue
Keleher Program Manager for Pineapple Grove Mainstreet, Inc. for this event. Over the last few
years this event has been part of the Summer Nights event. Since the Downtown Marketing
Cooperative has decided not to hold anymore Summer Nights events, Pineapple Grove
Mainstreet, Inc. is assuming sponsorship for the event. The event is being held sooner in the
year than it has in the past. Staff assistance is being requested as stated above. Estimated
overtime costs are $2,100 and stage rental costs is $535 for a total cost of $2,635. Based on
event policies and procedures the charge for City services will be approximately $650. The
event is being sponsored by the Sun-Sentinel.
RECOMMENDATION:
Staff recommends approval of the event, the temporary use permit, and staff assistance as
requested contingent on the sponsor providing a certificate of general event liability insurance
and liquor liability insurance. Sales of alcoholic beverages also must comply with all State laws
and regulations.
RAB/tas
File:u:sweeney/events
Doc:Agenda Memo Bed Race 2006
oA
~
I
<&J
City of Delray Beach
Special Event Permit
Application
DElRAY BEACH
~
.........cn,
, lilt!
1993
2001
PLEASE PRINT
Event Approved/Denied
Approved/Denied by
Date of Approval/Denial
Title
9~A-tflllt/A-L .($6;0 /~4C&
Event Time(s):
1. Event NamelTitle:
2. Event Date(s):
f/Pj/<!/6
Btd Ro (e.
..5 ;P 30 P A.f. - ~ :00 p"-\
~~f,fl~ r1 c:e
8:00 pin - 10: DO pm
3.
4.
5.
6.
7.
8.
9.
(ff neighborhood block party, then please skip questions #10-35 and go to
question #36) /
Sponsor Category: (please check) City 0 Non-Profit/Charitable '11 Private 0
Co- Sponsor - Non-Profit/ . e
(ff Non-profit attach proof 0 501c(3)
Event Location/Addr ss:
10.
12.
Site plan attached:
(Site plan required for e .
Event budget attached:
(Required for all events)
Serving or selling alcoholic beverages: yes no
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event)
Event certificate of insurance attached: yes no ,,/
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music:
(Waiver required)
Requesting Police assistance:
(Traffic controUsecurity)
no
yes
no
13.
14.
15.
16.
y
/
no
yes
no
yes
1
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
/'
17.
Will supplement with private security:
(If yes, need plan attached)
Requesting Emergency Medical assistance: yes
Requesting barricade assistance : yes
Requesting trash removal/clean up assistance: yes
Requesting trash boxes and liners: yes
Requesting stage use: yes
(If yes, check type)
Large stage covered 0 Large stage no cover 0
stage 0
Requesting signage : yes
Type: Event sign C4'x4') f. Directional signs
Banner hanging Indicate dates required
(Waiver required if more than one (1) week prior to e~
Food and beverage vendors: yes no
If yes, please provide the approximate number, as well as the name,
address, and contact phone number of each vendor which is due no later
than one week prior to the event / & b.e., /LA 0(91 &.-e& .
...A ""10 ~ ~
Health Department approval: (see attached) yes ./ no
Other vendors: yes v ./" no
Tents: yes"/ no
(If yes, tent permits and fire inspections maybe needed)
Will the event include amusement rides? requiring state approval? ~
yes no
(If yes, type and location and copy of liability insurance required)(Also,
please provide the name, address and contact phone number for each
amusement provider along with copies of their liability insurance)
no
yes
v~
1/,,1
V
V;~
V no
Small stage ~ small
no /
no
no
no
no
yes
v-
Will the event be gated?
(Show on-site map)
Will there be fireworks or other pyrotechnics? yes
(If yes, contact Fire Marshall) V""
Will there be cooking with compressed gas? yes
(If yes, contact Fire Marshall)
Will you be providing port-a-Iets for the event? yes V no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs)
Will there be a charge for the event?
(If yes, indicate ticket prices)
Is reserved parking requested?
(If yes, indicate locations)
no
no
~
no
yes
~
~
no
yes
no
2
35. Nei hborhood Block Parties 'He; hborhood block rties onl
. Is event sponsored by the Homeowner's Association? yes_ no_
(" not, then individual(s) submitting permit application must also submit a
petition signed by 51% of the homeowners who live on the block)
. Please note the following: 1 ) Approvals will only be given for a one (1)
block area 2) Pennit applications must be received in writing by the City
Manager's Office at least thirty (30) days prior to the event. 3)
Consumption or sale of alcohol on City rights-of-way will not be
permitted.4) Structures other than barricades are not allowed in City
rights-of-way.5) Homeowners Association will be required to pay all
overtime costs that may be incurred as a result of City staff involved in the
event.
S?'C ~--t5I:k-~
Event Contractor/Coordinator
Please print:
0& / db
,
Date
Please enclose the appropriate non-refundable application fee payable to the City of
Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use OnIM" / /1
Date Received 0j / U
Application fee received $ ho /
Site map
Budget s/
Certificate of insurance
Hold Hannless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
/
.,/
3
N.E. 2ND STREET
~
E;;
-<
H'
> iiiiiiiiiiil
::: ~,..;j~>O,..;j~nl.q=
rj ~ ~ ~ ~ ~ E ~ ~ C\D. .g-""'B
< ;!~i"ll"l '" -rr::; g
~~6~ 'S: 0S~
l"l"'S ; ~3
~WA~
FROM ENVIRODESIGN ASSOCIATES. INC.
<TUE)MAR 14 2006 15:31/ST. 15:30/No. 6816009021 P 3
PINEAPPLE GROVE 9TH ANNUAL PROJECTED BED RACE BUDGET
REVENUE:
$
Entry Fees (10 $150) $ 1,500 $ 1,500
Vendor Fees (5 @$1oo) $ 500 $ 500
Bead Sales (40 @ $5.00) $ 200 $ 200
Sponsorships $ 10,000 $ 10,000
$
TOTAL REVENUE: $ 12,200 $ 12,200
$
$
EXPENSES: $
$
Grass Skirts & Leis $ 400 $ 400
Trophies $ 150 $ 150
Ribbons $ 50 $ 50
Band -Entertainment $ 400 $ 400
First Place Prize $ 600 $ 600
Second Place Prizes $ 300 $ 300
Third Place Prizes $ 150 $ 150
Water,lce. Gatorade for Runners $ 140 $ 140
TOTAL EXPENSES: $ 2,190 $ 2,190
NET INCOMElLOSS $ 10,010 $ 10,010
Division of Corporations
Page 1 of2
Florida Non Profit
PINEAPPLE GROVE MAIN STREET, INC.
PRINCIPAL ADDRESS
298 PINEAPPLE GROVE WAY
DELRA Y BCH FL 33444 US
Changed 02/15/2006
MAILING ADDRESS
298 PINEAPPLE GROVE WAY
DELRA Y BCH FL 33444 US
Changed 02/15/2006
Document Number
N94000003739
FEI Number
650504315
Date Filed
07/28/1994
State
FL
Status
ACTIVE
Effective Date
NONE
R . t
dA
t
egIS ere .gen
I Name & Address I
BEALE, DAVID A
DAVID A. BEALE, PA
355 NE 5TH A VENUE, SUITE 1
DELRA Y BEACH FL 33483
I Name Changed: 05/16/2002 I
I Address Changed: 05/16/2002 I
Officer/Director Detail
I Name & Address II Title I
FISHER, GENE c:J
247NE 1ST AVENUE
DELRA Y BEACH FL 33444
ONNEN, JANET c:J
220 NE 1 ST STREET
DELRA Y BEACH FL 33444
I HALUSKA, KARl II I
http://www.sunbiz.orglscripts/cordet.exe?al =DETFIL&n1 =N94000003 739&n2=NAMFW ... 3/28/2006
Division of Corporations
Page 2 of2
325 NE 2ND STREET
I~
G
G
DELRA Y BEACH FL 33444
DEITCH, JIMMY
206 NE 2ND STREET
DELRA Y BEACH FL 33444
BEALE, DAVID A
355 NE 5TH AVENUE SUITE 1
DELRA Y BEACH FL 33483
A
lR
rt
nnua epo s
I Report Year II Filed Date I
I 2004 II 03/11/2004 I
I 2005 II 03/28/2005 I
I 2006 II 02/15/2006 I
Previous Filing RelOrntoList I
No Events
No Name History Information
NextFiling t
Document Images
Listed below are the images available for this filing.
02/15/2006 -- ANNUAL REPORT
03/28/2005 -- ANNUAL REPORT
03/11/2004 -- ANN REPIUNIFORM BUS REP
05/13/2003 -- ANN REPIUNIFORM BUS REP
05/16/2002 -- COR - ANN REPIUNIFORM BUS REP
05/18/2001 -- ANN REPIUNIFORM BUS REP
05/16/2000 -- ANN REPIUNIFORM BUS REP
05/07/1999 -- ANNUAL REPORT
06/25/1998 -- ANNUAL REPORT
03/04/1997 -- ANNUAL REPORT
04/02/1996 -- 1996 ANNUAL REPORT
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&nl =N94000003 739&n2=NAMFW... 3/28/2006
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # <g\<... - REGULAR MEETING OF APRIL 4, 2006
SERVICE AUTHORIZATION NO. 3.1/CH2M HILL. INC.lBEXLEY PARK
TO:
SUBJECT:
DATE:
MARCH 31, 2006
This is before the Commission to approve Service Authorization No. 3.1 to CH2M Hill, Inc. in an
amount not to exceed $16,802.00 for boundary and topographic surveying; and gopher tortoise
permitting for site plan layout and design of the Bexley Park Project.
Service Authorization No. 3.1 consists of three (3) tasks as follows:
TASK DESCRIPTION
AMOUNT
$10,282.00
$ 3,770.00*
$ 2.750.00*
$16,802.00
Task 1 - Topographic, Boundary, and Tree Surveys
Task 2.1 - Gopher Tortoise Permit Application
Task 2.2 - Gopher Relocation, Coordination, and Monitoring
Total
*Task 2.1 and Task 2.2 will only be completed if required.
Funding is available from 380-4150-572-63.24 (2004 G.O. Bond/Parks & Recreation/Bexley Park).
Recommend approval of Service Authorization No. 3.1 to CH2M Hill, Inc. in the amount not to
exceed $16,802.00 for boundary and topographic surveying; and gopher tortoise permitting for site
plan layout and design of the Bexley Park Project.
S:\City CIerlc\agenda memos\SA 3.1 Bexley Park CH2M Hill 040406
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
TO: David T. Harden, City Manager
FROM: Jill Skaggs, Asst. City Engineer~
DATE: March 27, 2006
SUBJECT: Bexley Park
Service Authorization # 3.1
CH2MHiII, Inc.
Project #2004-060
The attached Service Authorization No. 3.1 with CH2MHill, Inc. is for consultant design
services required for the Bexley Park project, PIN 2004-060.
Tasks under this service authorization include surveying and permitting required for site
plan layout and design. Costs for professional design services will be completed on an
hourly basis not to exceed $10,171.00 and other supplemental services (permitting and
relocation of gopher tortoises, if required), not to exceed $6256.00. Reimbursable
expenses are estimated at $375.00. Service Authorization No. 3.1 is in the net amount
of $16,802.00.
Funding is available in Parks and Recreation Bond Account # 380-4150-572-63.24,
Bexley Park, PIN 2004-060.
A site location map is attached for your reference.
Please place this service authorization on the April 4, 2006 Commission agenda.
Thanks!
Ene
Ce Richard Hasko, P,E., Director of Environmental SelVices
Randal Krejcarek, P.E., City Engineer
Joe Weldon, Director of Parks & Recreation
Joe Safford, Finance Director
Carolanne Kucmerowski
Agenda File, April 4, 2006
Project File, 2004-060(E)
S:\EngAdminIProjects\2004\2004-060\OFFICIAL\2006 apr 04 agenda memo.doc
Service Authorization No. 3.1 to the
Agreement to Furnish Professional Services
Dated May 18,2004, Between the City of Delray
Beach, Florida and CH2M Hill, Inc.
City P.o. Number:
City Project Number: 2004-060
Title: Bexley Park Design, Permitting and Bidding
Category of Work:
General Civil (Parks and Recreation)
General
This SERVICE AUTHORIZATION AMENDMENT shall modify the professional services
agreement (AGREEMENT) between the City of Delray Beach (CITY) and CH2M HILL, Inc.
(CONSULTANT) referenced above and shall become part of that AGREEMENT as if written
therein full. Changes in the indicated Scope of Services will be subject to renegotiation and
implemented through an Amendment to this agreement.
Introduction
The CITY authorized the CONSULT ANT with the design, permitting and biddings services
associated with Bexley Park improvements under Service Authorization No.3. During the
follow up site visit, it was noted that the Bexley Park developer had removed most of the
trees from the west side of the proposed park site and has filled and graded the area. Thus
it was determined that a new topographic survey of this portion of the proposed park was
required. In addition, while locating the proposed walking trail on the east side of the
proposed park, Gopher tortoises were determined to be present.
The CONSULTANT was asked by the CITY to subcontract a surveyor to update the
topographic survey on the west side of the proposed park previously conducted for the
Bexley Park development project, conduct a boundary survey, pick up some additional spot
elevations on the east side and conduct the necessary Gopher tortoise permitting. The CITY
will be responsible for identifying the locations of the gopher tortoise burrows. In addition,
the surveyor will pick up the horizontal locations of the Gopher tortoise burrows as
identified by the CITY. This Service Authorizations provides for the abovementioned
survey data collection and the gopher tortoise survey and permitting.
Scope of Services
Task 1 - Surveying
Hall Surveying, the surveyor used for the Bexley Park development project shall perform
topographic survey along the western side of the proposed Bexley Park site as shown on the
attached site plan as a subcontractor to the CONSULTANT. The topographic survey will
include a site area of approximately 160,000 sq. ft. The purpose of the topographic survey is
to define existing elevations and assist in the design of the various site improvements that
will include: 1-400 sq ft restroom building, 3-16' hexagonal pavilions, 1-12' gazebo, 1-16 car
parking area and entry roadway. The gazebo will be located on the eastern side of the park
as shown on the site plan.
Spot elevations are requested for the proposed gazebo and the area within 25' of the sides of
the approximate gazebo location with one spot elevation to be taken at the existing lake.
The topographic survey will establish a baseline with 25' -stations and tie into the existing
roadway and Right-of-Way (ROW). There are record drawings from the Bexley Park
Development that the City of Delray Beach possesses that are available to the Survey Firm.
Cross-section elevations will define the various changes to elevations based on a 50' -grid
across the western portion of the Park and a 25' -grid across the proposed parking area. The
cross sections will include the area bounded along the west by the roadway and homes, to
the north by the fence and property line, to the south and along the east by the existing
roadway and sidewalk improvements. The various surface improvements will be located
that are visible along the western side of the park.
Surveyor will also conduct a boundary survey of the site depicting the boundaries of the
property, including visible on-site improvements. Specimen trees (4" caliper or larger) for
the western area as described above will be surveyed and located on the site plan.
The results of the surveys will be prepared in AutoCad Version 2005 and submitted on a
compact disk with six copies on 22 x 34 bond paper. CAD mapping will be performed to a
scale of 1:1 with a final scale of 1-inch equals 20-feet.
In addition, the surveyor will horizontally locate on the survey the Gopher tortoise burrows
identified by the CITY.
Task 2 - Gopher Tortoise Permitting Allowance
Task 2.1 - Gopher Tortoise Permit Application
All attempts will be made to keep proposed mulch trailj construction areas away from the
Gopher tortoise burrows, however, if they end up encroaching into burrow areas and
cannot be designed to avoid them, the necessary permit will be prepared and applied for
from the FWC. There are 2 types of permits: 1) Special permit for relocating up to 5 onsite
and 2) Standard permit for any more than five and any offsite relocation. This task provides
a time and materials allowance for the necessary permitting to relocate gopher tortoises on-
site using the special permit, if required.
CH2M HILL will prepare a permit application and accompanying documents and submit to
FWC for review and approval prior to beginning construction. Responses to questions from
FWC are also included in this allowance.
2
Task 2.2 - Gopher Tortoise Relocation Coordination and Monitoring
If it is determined that gopher tortoises need to be moved onsite, then CH2M HILL will
work with the contractor hired by the CITY to coordinate the excavation and relocation
onsite of up to 5 gopher tortoises. In addition, CH2M HILL will coordinate the location and
establishment of the temporary pen/ relocation area and monitor the release of the gopher
tortoise once construction is complete.
Schedule
THE CONSULT ANT will commence work on the Scope of Services described herein upon
receipt of a fully executed copy of this Specific Authorization from the CITY, which will
serve as the notice to proceed.
It is estimated that services described herein will be completed within two (2) to three (3)
weeks from the date of notice to proceed, except for the permitting which will be dependent
on the need and the agency review times. The following summarizes the proposed schedule.
Assumptions and Notes
This scope of services was based on the following assumptions:
1. The CITY will pay all agency review and permit application fees.
2. The CITY will be responsible for locating, staking and cordoning off the gopher
tortoise burrows to be picked up by the surveyor.
3. Although not expected, in the event Gopher tortoises need to be moved offsite
additional relocation and permitting services will be required beyond the Time and
Material Allowance Task 2.1 and 2.2.
4. If a permit application is required for the relocation of gopher tortoises offsite, the
process is more involved, which would require testing of the tortoises for Upper
Respiratory Tract virus, finding a recipient site and relocating the gopher tortoise
offsite. If a pre approved site is not available, a gopher tortoise will be required to
determine the existing population on that site. It might also be required for an
approved site if it has been awhile since a survey has been done. A map will need to
be prepared showing the vegetative cover and soil types to submit with the standard
permit application. If this is needed, then a separate Service Authorization will be
required.
5. An experienced contractor typically charges $300-400 (includes equipment &
operator) to excavate each burrow. If tortoises are to be relocated to an approved
gopher tortoise recipient site (within 50 miles) then FWC requires that 10% must be
blood tested (Approx. $25.00 per tortoise to draw blood, blood must be shipped to
Hematology lab in GNV for testing). Private GT recipient sites typically charge $700-
1000 per tortoise as a transfer fee. This covers the site maintenance, management, etc.
If City already has an approved site or an agreement with a private site costs could be
less.
6. This Service Authorization does not cover any field support during subsequent
construction, as those activities will be covered under a separate amendment to
Service Authorization.
Compensation to THE CONSULTANT
Compensation for professional consulting engineering services as described herein is
estimated at $16,802.
Task Fee Compensation
Task 1- Topographic, Boundary, $10,282 Lump Sum
and Tree Survey
Task 2,1 - Gopher Tortoise Permit $3,770 Allowance (Time and Materials)-
Application Only if Needed
Task 2.2 - Gopher Tortoise $2,750 Allowance (Time and Materials)-
Relocation Coordination and Only if Needed
Monitoring
Total $16,802
Note that Task 1 is fixed fee, lump sum task in accordance with Article VII.A.1 of the
AGREEMENT, and Tasks 2.1 and 2.2 are provided as a Time and Material Allowance in
accordance with Article VII. A. 2 of the AGREEMENT, only to be authorized by the CITY if
required.
4
This service authorization is approved contingent upon CITY acceptance of and satisfaction
with the completion of the services rendered in the previous phase or as encompassed by
the previous service authorization. If the CITY in its sole discretion is unsatisfied with the
services provided in the previous phase or service authorization, the CITY may terminate
the contract without incurring any further liability. THE CONSULTANT will commence
work on any service authorization approved by the CITY to be included as part of the
contract without a further notice to proceed.
Approved by:
CITY OF DELRA Y BEACH:
CH2M HILL, INC. (Corporate Seal)
Date:
Date:
David T. Harden, City Manager
Timothy S. Sharp, P.G.
Area Office Manager
Witness
Attest:
STATE OF FLORIDA
COUNTY OF BROW ARD
Approved as to Legal Sufficiency and Form
The foregoing instrument was
acknowledged before me this _th day of
, 2006, by Timothy S. Sharp, Office
Manager, CH2M HILL, Inc., a Florida
corporation, on behalf of the corporation. He
is personally known to me and (did/ did not)
take an oath.
Glez Chang
Notary Public
State of Florida
(Seal)
C)
c:
+::i
:t:=
E
....
0)
Q.
0)
en
.-
o
~~
o ::::I
I- 0
:I:
.... ...
0).8
.t:1lI
0.;
"I"": os
MC)~
;:l
O"C81
z;
~ en
.- ~
<(""0)
.....ns~
.- N L
:e.C ::::J
.cocn
><.t: ~
W .... L-
::::J ns
<C"C
0) c:
U ::::J
.- 0
~m
0) ...
cnu
.-
.t:
0.
I!
C)
o
0.
o
I-
~
....
ns
Q.
~
0)
><
0)
m
u.!!!
.~ J!
e 0
0.1-
OOOOI"--IONOO
~~O>~NIOIO~~
0> 10 CO <0
~ "'-~N
~ ~
-~
J!::::I
o 0
I-:I:
OO<OONCOOOO
...- C'">
N
co
N
.,....
N
N
ci
z....
.lIl: .
l/)N
III
I-
N
NCO<O
.,....
N
N
N
....
...
8~
"0
:g:I:
o
OOOO><OC'">...-<ON
OOOC'">NCO'<tIOC'">
LriLriLrir-.:r-.:c.oOOc.or-.:
1"--I"--<O'<tNOCOI"--<O
-r-T"""T""".,.....,....T"""69-EA-~
~~~~~~
Q)
>
""
9l~ ~
Q) (il' (ij Ol - ~
"0 ~ 1ij '0 2 ~ Q)
l!o :iiE~roo-...lg
.~ c: .- ro Q) Q)
Cl'E tl 00 ro l:l 5 c: 0::
Q.. (ij I'~ .r:. :iiE ~ 'en .2 'C
o 1.9 e lil tl e VI l3 OJ
'c g Q.. I- 1.!1? Q.. ~ 0 u:
~ .C ~ ~ ~ ~ e ~ ~
OOQ..ooOOQ..OOQ..oooo
~
o
Cl
S
III
o
...
Q)
>-
o
Q.
E
w
en B
1Ii$ Q)
0l511i2
:g c: 1ij .!!!
.- 8 '8> 0>
~w.Q ~
w.eQ)
I ~ ~C>
.!!!:gIIIi
III c: __
C ro .l!l .!!!
.2 a:: .!!! g>
l/) -"E-
l/) VI Q) 0
.e ~ '0 ~
e:!::oo e
0.-5 ~
~ I
ONOO
~I"--~~
;!
0<000
'<t
N
0>00.,....
I"--<O<OC'">
LriOOc.o<o
0>1"--<010
~~~~
Q)
>
-t:::
1& ~Ig
1 Q. ~I g
~ Q) 00
.r:.Olg~
lill.~ 0:: 'c
I- 'en 32 -5
....: Q) .~ Q)
OOOU-I-
o
:c iii c:
0....0
~ g,t5
C>Q)::::I
- ~ ~ .
VI::::IVI,B
Ol 00 c: Q)
'lij..:811i
... Q) ...
0- - 0
I a~ 1)
l/) E:C ~
COo.VI
III 0 ~ c:
'U - 0>-
.- VI 0
C1ijt:::
.r:. .- ro
~~O
I-
.,....
C'">
.,....
.,....
~
o
N
'<t
co
co
10
10
<0
10
~
~
'C
Q)
(3
1::
g
::::I
U)
Q)
o
IE
o
I'
N
<0
~
0010000
~~NIO~~
N.,....
~~
N
CIO
II)
C')
<0
~
100
<010
~~
....
N
<0
~
0> 0
0>10
~~
....
I'
~
~
.,....0
<010
~~
J!
o
..
,Q
::::I
U)
...
o
,Q
j
IG~ ~
II) I!!! all:) I-
Q) I!::! o..~ oa
II) c: Q)II)
I ~ .~ ~ ~ ~
>< 0 "5="0
w -I c 1.2 0 5
Q) ~ ~ ga~ 0
:c 1:g,'C ~Im
fc: ~~"E~~o
::::10 :gIQ)~Sg.
,Q"" O'C~::::'UI-
.5 .l!l t5 ~ .~ g? ,I! I
Q)"'Q::J 6ro""'-
O::lgc:-gI~w~g g.~
:g-g !:::.l!l32 OIYi!: c:
ro'C ~ VI Q)-"" III
~.3&&U:~~:l!!~
011)
01'
co....
~~
0....
0....
CO en
~~
N
o
CIO
tJ:i
~
II)
....
~
o
II)
I'
~
en
'<t
~
o
I'
I'
~
N
CIO
N
o
~
J!
o
..
,Q
::::I
U)
=
II)
C
Q)
0.
><
W
J!
o
I-
..
o
Q)
"[
a..
VI
X
ct:
-
c:
Q)
E
'C
c:
Q)
E
<C
c:
0>
'en
Q)
o
..10::
...
ro
Q..
>.
Q)
X
Q)
al
<C
"E
Q)
E
.r:.
o
ro
~
al
U-
o
i~
HIGHGA IE DRIVE
SUNRISE BOULEVARD
PALM RIDGE BLVD.
>-
<{
;;:
0
....
.
0
J:>
>,
J:>
-0
~
"0
a:: >-
E
0 a:::
0
a; <(
I
<l"l I-
0
0
N
oi -.J
N
u
CI>
Cl ~
C
~
0
.!:!
:0
:>
0-
'0
~
0
Cl
z
o
I-
--'
0::
<{
:c
u
~:r:
-0
0.:1-
-<
:E
:z:
o
1=
-<
U
o
...J
W
a..
-<
u
Vl
Cl
:i
...J
>-
~
x
w
~
o
<J:>
o
I
~
8
~
C/)
-'
u
,!II.,
o
~
Cl
Cl
-<
U
0'
c:
.';:!-
Vi
CITY of DELRA Y BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
434 SOUTH 8WlNT'ON AVENUE, ceL.flAY BEAOi, Fl..ON)A 33444
BEXLEY PARK LANDSCAPE
LOCATION MAP
2004-060
SABAL
133 ROAD SOUTH
Cl
<(
o
n:::
3:
a:::
<(
(])
Date: March 27.2006
AGENDA ITEM NUMBER: ~ ~
AGENDA REQUEST
Request to be placed on:
--X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
April 4. 2006
Description of Agenda Item (who, what, where, how much.):
Approval of Service Authorization Number 3.1 with CH2MHill, Inc. for boundary, topographic
and surveying and gopher tortoise permitting required for site plan layout and design of
Bexley Park.
Funding is available in Parks and Recreation Bond Account # 380-4150-572-63.24, Bexley
Park, PIN 2004-060.
Recommendation: S~fIrecomme~ ~
Department Head SIgIlRture: ( . .
~...:s o.~lJ\o
City Attorney Review/Recommendation (if applicable):
Budget Director Review (re~~n all items involving expenditure of funds):
Funding Available~o Initials: lJ.:::t Yes
Account Number
380-415-572-63.24
Description
Bexlev Park
'105/ ~o 8 O!:;
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: @I No Initials:
{1Z1
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin \Projects \2004 \2004-060 \ OFFICIAL \2006 apr 04 agenda. doc
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # ~'- - REGULAR MEETING OF APRIL 4.2006
BUREAU OF JUSTICE ASSISTANCE (BJA) BULLETPROOF VEST
PARTNERSHIP (BVP) GRANT
SUBJECT:
DATE:
MARCH 31, 2006
This is before the Commission requesting authorization to apply for the Bureau of Justice Assistance
(BJA) Bulletproof Vest Partnership (BVP) Grant in an amount up to $112,000.00 with a City match
of $56,000.00 to purchase bulletproof vests for the Police Department.
Based on the size and population of the City, the City is eligible to apply for the BVP Grant. If
awarded, BVP will match 50% of the amount awarded. Based on these figures, the City's final cost
would be $56,000.00.
Staff would like to apply for the purchase of required ballistic equipment such as patrol body armor
and tactical entry vests. The equipment will be used for new hires, mandatory replacement of expired
vests, and specialized units. The equipment will increase officer safety during active shooter
situations, SWAT team callouts, etc.
Recommend approval of applying for the Bureau of Justice Assistance (BJA) Bulletproof Vest
Partnership (BVP) Grant in an amount up to $112,000.00 with a City match of $56,000.00 to
purchase bulletproof vests for the Police Department.
S:/City Clerk/agenda cover memos/BJA BVP Grant 040406
Delray Beach
Police Department
300 West Atlantic Avenue
Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
DELRAY BEACH
f lOR IDA
.......
All-America City
, , III!
Joseph L. Schroeder
Chief of Police
2004
1993
2001
MEMORANDUM
TO: David Harden
City Manager
FROM: Tina Lunsford~
Administrative Officer
DATE: March 30, 2006
SUBJECT: BUREAU OF JUSTICE ASSISTANCE lBJA) BULLETPROOF VEST
PARTNERSHIP lBVP) GRANT
Based on the size and population of the City of Delray Beach, the Police Department is eligible
to apply for the BVP Grant to purchase bulletproof vests for our agency in an amount up to
$112,000. If awarded BVP will match 50% of the amount awarded. Based off of these figures,
the City's final outlay would be $56,000.
The department would like to apply for purchase of required ballistic equipment such as patrol
body armor, tactical entry vests. The equipment will be used for new hires, mandatory
replacement of expired vests and specialized units. This equipment will increase officer safety
during active shooter situations, S W AT team callouts etc.
Attached you will find the Agenda Request for approval to apply for the matching grant. Should
you require further information, please contact me at ext. 7852.
TLLlrmh
Attachment
cc: Joseph L. Schroeder, Chief of Police
Mary Ann Young, Accountant II
Carolanne Kucmerowski, Executive Assistant! Agenda
Serving with P.RJ.D.E.
Professionalism, Respect, Integrity, Diversity and Excellence
u.s. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
(f)
Bulletproof Vest Partnership
PROGRAM FACT SHEET
History
The Bulletproof Vest Partnership (BVP), created by the Bulletproof Vest Partnership Grant Act of 1998
(Public Law 105-181) and reauthorized by the BVP Act of 2000 (Public Law 106-517), is a unique U.S,
Department of Justice initiative designed to provide a critical resource to state and loeallaw enforcement.
Since 1999, over 11,500 jurisdictions have participated in the BVP Program, with $118 million in federal
funds committed to support the purchase of an estimated 450,000 vests. The Office of Justice Programs'
Bureau of Justice Assistance (BJA) administers the BVP Program,
Eligibility
Eligible jurisdictions Include general purpose units of local government such as cities, counties, parishes, and
municipalities; federally recognized Indian Tribes; the 50 states; the District of Columbia; American Samoa;
Guam; the Northern Mariana ISlands; Puerto Rico; and the U,S. Virgin Islands.
Eligible law enforcement officers for BVP Program purposes include police officers; sheriff deputies;
correctional officers; parole and probation agems; prosecutors; and judicial officials.
Funding
BVP funds up to 50 percent of the cost of each vest purchased or replaced by law enforcement applicants.
Only vest models that comply with the requirements of the Office of Justice Programs' National Institute of
Justice (NIJ) may be purchased with BVP Program funds,
The BVP AC'i. of 1998 requires that at least half of all appropriated funds support applications from
juriedictions with populations under 100,000 people. When the BVP Program was reauthorized for an
additional three years (FY 2002 - 2004), a new allocation principle required funding the full 50 percent of
requested vest needs for applications from jurisdictions under 100,000, with any remaining funds available
for applications from jurisdictions over 100,000 people.
Vest Se'ectlon
In November 2003, Attorney General John Ashcroft announced a Body Armor Safety Initiative in response to
the failure of a bullet-resistant vest worn by a police officer in Pennsylvania. NIJ was directed to initiate an
examination of Zylone-based bullet-resistant vests (both new and used) and to review the existing program
by which bullet-resistant vests are tested to determine if the program needs modification.
Having CO~leted its latest phase of ballistic and mechanical properties testing, NIJ has determined that
used Zylon - containing vests may not provide the intended level of ballistic resistance, In response to this
determination, NIJ has issued a body armor standard advisory notice concerning Zylone , and has issued
new interim requirements for its body armor compliance testing program that will become effective on
September 26, 2005, Until the effective date of the interim requirements, jurisdictions that participate in the
BuIIe1proof vest PIIrtnel'lhlp Program Feet Sheet
BVP program vAil be ineligible to receive payment for new orders placed for any body armor vest that
contains Zylon..
A list of vest models that comply with the NIJ interim requirements will be maintained at
http://www.iustnet.orQ.
Additional Funds for FY 2005
Pursuant to the FY 2005 Department of Justioe Appropriations Act, $23.6 million was made available for the
purchase of vests through the annual BVP Program application process. Further to the Body Armor Safety
Initiative, to better meet the vest replacement needs of America's law enforcement agencies this year,
Attorney General Alberto Gonzales vAll make an additional $10 million available immediately. This additional
funding will be available through a special BVP solicitation that vAil open on August 24, 2005 and close on
September 22, 2005.
How to Apply
The entire BVP application and payment process occurs online at https:/Ivests.oip.Qov,
Related Links
FY 2005 BVP Payments
Contact
Unda Hammond-Deckard, Program Manager
Bureau of Justice Assistance
Office of Justice Programs
U,S. Department of Justice
810 Seventh street NW
Washington, DC 20531
1-8n-758-3787
Linda. Hammond-Deckard@usdoi.Qov
Bulletproof Vest Plrtnershlp Program Fact Sheet
AGENDA ITEM NUMBER: ~
AGENDA REOUEST
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: April 4, 2006
Description of agenda item (who, what, where, how much):
Based on the size and population of the City of Delray Beach, the Police Department is eligible to apply for
the Bureau of Justice Assistance (BJA) Bulletproof Vest Partnership (BVP) Grant to purchase bulletproof
vests for our agency in an amount up to $112,000. If awarded BVP will match 50% of the amount awarded.
Based off of these figures, the City's fmal outlay would be $56,000.
The department would like to apply for purchase of required ballistic equipment such as patrol body annor,
tactical entry vests. The equipment will be used for new hires, mandatory replacement of expired vests and
specialized units. This equipment will increase officer safety during active shooter situations, SWAT team
callouts etc.
Department Head
Signature:
;)~
City Attorney Review/Recommendation
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: & No Initials:~
Hold Until:
Agenda Coordinator Review:
Received:
TO: CITY MANAGER
("
THRU: ECTOR OF PLANNING & ZONING
FROM: PARKING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF APRIL 4, 2006 - REGULAR AGENDA
APPROVE A REQUEST FROM CAFFE LUNA ROSA FOR THE
PERMANENT EXPANSION OF THEIR VALET QUEUE FROM
FOUR (4) TO SEVEN (7) SPACES
At the meeting of February 7, 2006 City Commission considered a request from
Caffe Luna Rosa for the expansion of their valet queue from four (4) to seven
(7) spaces. The request was approved on trial basis through April 1, 2006.
The expansion of the queue required the relocation of three parking spaces
which were reserved for the Police Department (two spaces) and Ocean
Rescue (one space). Although there were a few problems in the first week,
improved signage and striping of the curb has resolved those issues.
The valet company is seeking to have the expansion of the queue made
permanent as it has notably improved the efficiency of the queue.
By motion, approve the permanent expansion of the Caffe Luna Rosa valet
queue from four (4) to seven (7) spaces.
01<
tJ11
8t"\
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-302 and the site plan into the record,
Mr. Dorling stated the item before the Commission is a consideration of
an appeal of four waivers and one variance associated with the Class V site plan,
landscape plan and architectural elevations for Pineapple Grove Limited. The subject
property is located on the north side ofN.E, 1st Street, between Pineapple Grove Way and
N,E. 1st Avenue. The Historic Preservation Board's actions were taken on January 4,
2006. The Board recommended approval of the project but did not support or grant the
four requested waivers or the one variance as they were unable to make the necessary
findings, Staff supports HPB's failure to make required findings and therefore staff
requests that the Commission deny this appeal and uphold HPB's approval of the project
without the support of the waivers,
Louis Carbone, owner/agent for the applicant Pineapple Grove, Ltd., gave
a briefPowerPoint presentation regarding the proposed project and stated this project was
being reviewed based on guidelines that were in existence prior to May 4, 2004 (before
the new Design Guidelines).
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of this proposal, to please come forward at this time. No one from
the public came forward to address the Commission.
Mr. Dorling and Mr, Carbone gave brief rebuttal statements.
At this point, the City Attorney stated she will modify the Board Order
and reviewed the Board Order with the Commission who made findings according to
their consensus (attached hereto is a copy and made an official part of the minutes).
Mr. Levinson moved to approve the Board Order, seconded by Ms,
McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs,
Ellis - Yes; Mrs. Archer - Yes; Mr, Levinson - Yes; Ms. McCarthy - Yes, Said motion
passed with a 5 to 0 vote.
9.B. REOUEST FOR VALET OUEUE EXPANSION/CAFFE LUNA
ROSA: Consider a request from Caffe Luna Rosa to expand their existing valet queue
area from four (4) spaces to seven (7) spaces.
Scott Aronson, Parking Management Specialist, stated Caffe Luna Rosa
currently has their valet queue located on the south side of Atlantic Avenue between
Salina Avenue and South Ocean Boulevard. The recent opening of the Shore Restaurant
and heavy seasonal traffic is back up the existing queuing area and blocking the travel
lane on Atlantic Avenue. The request is to incorporate the three officially designated
spaces into the queue which would require relocation of the officially designated spaces.
The three spaces are currently municipal parking spaces two are reserved for lifeguards
and one of them is designated for the Police Department. The request was considered by
- 7 -
02/07/06
the Development Services Management Group and there was support for the expansion
of the queue for evening use after 5:00 or 6:00 p.m.
At its meeting of January 24, 2006, the Parking Management Advisory
Board recommended approval of the expansion of the valet queue during the full
operating hours of the valet queue (11 :00 a,m. - 11:00 p.m. seven days a week).
Mr, Aronson stated the Commission has been provided a letter from the
lifeguards opposing the removal of the parking spaces, In addition, he spoke with Chief
Schroeder who also had some opposition about relinquishing those spaces during the
daytime hours. Staff recommends expansion of the valet queue for the evening hours
after 5 :00 p,m. to 11 :00 p.m,
Brief discussion between staff and the Commission followed,
Jorge Ramos, Director of Operations for Caffe Luna Rosa, stated at busy
times they have four valets and the problem occurs during the day because many people
use the beach which creates more traffic congestion, Mr. Ramos stated they are servicing
their restaurant customers, the Shore restaurant customers, and the beach people,
David Leonard, President of BPS Valet, stated he brought this to the
attention of the Parking Management Advisory Board (pMAB) before Shore restaurant
was started because he anticipated that the impact of this restaurant would change the
valet queue. Mr, Leonard stated this is a very busy queue on Saturdays, Sunday
mornings, anytime during the day where the weather is perfect, and Friday and Saturday
evenings. He stated he has eight valets on the weekends.
Mr. Aronson stated all parking license agreements will be up for renewal
on April 1, 2006.
Mr. Levinson moved to approve an amendment to the contract to allow
Caffe Luna Rosa to use seven (7) spaces instead of four (4) with the operating hours of
the valet queue from 11 :00 a.m. - 11 :00 p.m. seven days a week until April 1, 2006, and
Caffe Luna Rosa will offset the City's additional cost in lost revenue, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer
- Yes; Mr. Levinson - Yes; Ms, McCarthy - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote,
9.C. REOUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD
HELPING: Consider approval of a request from Community Neighborhood Helping,
Inc. to provide $10,000.00 in seed money, which will be reimbursed to the City through a
Palm Beach County grant, for the Glory Awards 2006 to be held on May 5, 2006.
Funding is available from 001-1111-511-48.10 (City Commission/Special Events).
Mr. Levinson moved to approve the funding request from Edith
Thompson to provide $10,000 in seed money for the Glory Awards 2006 to advance the
County commitment for funding, seconded by Ms, McCarthy. Upon roll call the
- 8 -
02/07/06
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # ~~ - REGULAR MEETING OF APRIL 4.2006
FINAL PLAT APPROVAL/SEAGATE HOTEL AT ATLANTIC PLACE
TO:
FROM:
DATE:
MARCH 31, 2006
This is before the Commission to approve the final boundary plat for the Seagate Hotel at Adantic
Place Plat, located on Adantic Avenue at Venetian Drive.
The property is a re-plat of a portion of Block A and a portion of Lots 1 and 7, Block C, John B.
Reid's Village, and a portion of Block 157.
This is a final boundary plat processed as a minor subdivision. All technical and staff comments
have been addressed and the plat is ready for approval.
Recommend approval of the final boundary plat for the Seagate Hotel at Adantic Place.
S:\City Clerk\agenda memos\Final Plat Seagate 040406
f---
I---
~
N.E.
N.E.
VETERANS
PARK
~EAST
~ I
o
f-- (/)
~
f--
~
~:::<
==-'
~~- I
TI 1STSf
I~ ~
If--
J
'L
--
I
2ND
15
I
I J
ICI~I
h
1ST
ST.I
ST.
<(
I-
,
<(
$
>-
<(
$
fr:
lLJ
I-
I
I
===
\---
\---
..J
n R I V
I
THOMQAS :i'----
-'
- 4J
&
- ;:::...J\---
-
w
::;)
z
~-
I---- <(
I----
-
LOWRY
g~~
tn ~~ ~
i:5 ~ w===::
00.: [j-
~ ~-
<(
I--- ~_
I--
rm
I
ATLANTIC
SPANISH
RIVER
RESOR T
I---- I--
iE
BAR CJ ~
HARBOUR iE
CONDO II I at
I l'RQ ~S~ET
u
<<
:::<
-J I
I
SEAGA TE
TOWERS
CITY OF DELRA Y BEACH, FL
PLANNING '" ZONING DEPARTMENT
I
J
C/)
<(
o
u
<(
fr:
I-
2
I
N
-- DIGITAL BASE MAP SYSTEM --
DELRA Y
SUMMIT
CONDO
BARR
TERRACE
CONDO
WA TERWA YEAST
COMMERCIAL
CONDO
II
I INGRAHAM
L.I
>
I---
-
--
I--- Z
<(
~
w_
Z
~
-(Il
3:
W
-0::
CJ
Z
<(
STREET
I
GROVE
CONDO
w
::;)
z
w
>
<<
DORCHESTER
CO- OP
STREET
EAST WIND I
BEACH CLUBS
BERKSHIRE
<(
BY THE SEA I:;
GROSVENOR 7.
o
:z
Hn/l<:;F
MANOR HOUSE
CONDO
FIRE
STA.
NO.2
b
I
AVENUE
m .TIm w
>
<<
COCONUT ROW
I I I
DELRA Y BEACH
MARRIOTT I
w
I w II---- I--
;;(- <(
-I--
I--
z
o
(/)
z
<(- _C/J
z
-'
<(-L-J
(/) I
-
-
I- -+-
(Il
a
~,
<(
Z DOVER HOUSJ JONOO ~I
~ OCEAN PLACE =>
CONDO 0
en
,~.., ~DD
I I
JARDIN DEL MAR
CONDO
OCEAN TERR.
:z
<(
w
,u
--10
~
I
I
a
<(
o
0:::
SEAGATE HOTEL AT ATLANTIC PLACE
-
I---
\'GN
I I I
7
I
2
<(
lLJ
U
o
u
I-
2
<(
-J
I-
<(
MAP REF: LM8+9
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
FROM:
David T. Harden, City Manager
Fred Greenberg, P.E. 1-/"
March 28, 2006
TO:
DATE:
SUBJECT: Seagate Hotel at Atlantic Place
Agenda Request
The attached Agenda Request is for Commission approval of the Seagate Hotel at
Atlantic Place Plat, a proposed boundary plat. Being a replat of a portion of Block A
and a portion of Lots 1 and 7, Block C, John B. Reid's Village ( Plat Book 21, Page 95 )
and a portion of Block 157, Town Of Linton ( Now Delray Beach) ( Plat Book I, Page
25) Being in Section 16, Township 46 South, Range 43 East, City Of Delray Beach,
Palm Beach County, Florida.
This property is located on Atlantic Avenue at Venetian Drive.
This is a Final Boundary Plat processed as a minor subdivision, therefore, it is
forwarded directly to City Commission for final action (no other board review was
necessary).
Enclosed are a location map and a reduced copy of the plat.
If this meets with your approval, please place it on the April 4, 2006 Commission
Agenda for approval.
Thanks!
enc
cc Richard Hasko, Director of Environmental Services
Randal Krejcarek, City Engineer
Nguyen Tran, Senior Planner
Carolanne Kucmerowski
T AC File
Agenda File, April 4, 2006
S:\EngAdmin\TAC\Seagate Hotel (aka-ATLAN CTR, Atlantic Place, 1000 E. Atl Ave.)\2006-04-04 agenda memo. doc
11'
--llJ-- ---- - - --- - - - - T - -f .L.~lUJ'~<<'U':L ---
, II! It1' tW:HT DT WAY PDt "lA' fIO()I( .I, All<< as:
c:a - s."..."". r
I'C _ ..;,- CA - r...r.. - aH'" _ ."... ., ,JUI. . HOW'OO't
~~
~~
ij;;
....f
()
...
~
~~
~Q
r .
~i J
l>~
~ill
el
~t1l
'-~
....
,.
g
~
~
co'
UU"1i~'t.-""'r"'!-= h...._"f ~
NIC . ..~ - ~ OF 1lT IJIfA/IIN% [ASEJENT
I Ifur
~ ILH-.21"'w.
1:11 I
- JtI21IT T'!:lJo~ .1JIlE...{{JFIT.::::r- - - -g:o.r , ! I'
"'~
l,vllA II~ I 1"1 HO~hW
I~II!~II~I ~ (~I 11 tl ill
1'1 liil lill ~ Iii I II! ~~lill
lillrlllrJ ~ Il!1 III ~11:i1
! I! II ! I ~ I ! I I HPI~1'
w Lt Lt [t] 'I ii, q!!\1
II !ill " ~I!\ I
II 1'"
II !IJ \ ~~i I
....
()
...
.-
~19
,.g
...",
~i ~;
;$XJ
~1!!
'"
000\
~
~
....
,.
g
E~
6;J
I~
i~
-+3O'Q.USM' ,.Pl..co,
urvrr CA.SDelr
-......- -
SWlTON
A~
I
'~i~~~ ~~ ...
~i:!~ ~!~ 5~
I ~~
'"
. ~.&CCESSUNC . F. :IJ
:t!l: NIIIGHrOTWAY1'OfPLArfIf)(JKnpAGC1:5 e
_ _!'L _ _ _ _ _ _ !~'~"E. _ _ .,f....fH...f. ~.u>-'!_ ..til! il_r_ - -. - - -. - - -.. -..
[AST N OF GlEASON S1'llUr lUJCA mJ
.r OEED I!JOOJl' nt PA<< ~
p~m7i
~B~i
R ~ ~ l~ ~
P~ili
8 ~'lill
~ ~ ~
"
I
I
I
I
,
,
...
~
~
..~ 'I'"
~~,~
iri~~
..~ '
1<f I~
l"'( ".,...
:n=
i!l '';
~
'e:
F
I
,
,
,
,
.
,
III~
~i
i i "'~
~ ;:
~ I ~ "l...
R ' !~...
; Ii ! I 5 ;!l~
" ! i n ~~
~ \ .. Ii \!I
g,5li" S>
STAPI" ROAD A-I-A
----
<...
~o
o~~
~!Xl~
~.. ~
I'"'i$!~
~5
-<Vii$!
lD:<;;I! fI)
~~;::::~-
(,j-...."""1...
!'l~~ ~
),;'C~ ~ Ci)
~~~
.-.-
Q~~;g .....
"""1 """1::0_
-';CXI_~ ...
0....-
~oo~_
't ~ ...
~~..., ~ ()
~~'-~ .....
,. -.;~~g~
~~ ~...,,,,,:>o:;
~fii ),;~I()).'~
0..10-.001.
~~;t~~~.....
~C) ""~~
"'~~~I:j
.... I:j~~
~~~ .....
~Kl'1J~ r-
),;()~::o~
~5:::!5~
()<t~<t .....
gQ;O~ -
:;E' .".... C)
"""1"""1~o
;-<0.- -t "b
~~~~r-
~~-).~
~..~~C)
.. 0>"""1~111
VlO
o~~
C:::;Eo
~ 0
.;t~:>o:;
~!;:o
<:::ot, .
~!j
<::
q
II ~
""'\
.
~ ~
IS
-.. .Bl 7.1.
Ilal :l
is "I ~ ~
~ I · I
~~ d I r "
~~ ~ lillS
>-~ i !i S
~~ ~ ~
<w. ill ill
~~ ~~~ ~ >- ~ ib i~~
~~ !~i~~ ! i~ ~~~! I!I
~~ i~i~; ~ ~~ D ~I;~ ~I~
~~ ~i~~~ ~ g~ ~ ~~~~ ~~i~
. ;! l;~~~ Ii ~~ ! i~mi !~II
II w; ~~!i~ ~~~; ~ ~~S~ !!
Ii !I~! iI !il 1!IIl ii!I
II ,,', ! " Ii!! I ;lr'l i!'1
~! ~~ ~ ~I ~Iai I ~~I;; ~~Ii
r
\
.~
r
\,
(
,<>,
<.
Xl
i r~i
g~ ~~~~
i~ I~~i
':i.~
r
~~~~~
~~~~g
~~~~~
e
1'/
"l
~
<>
..
....~':
. .~~
~:::i~
g~i!:
i6i5
0(1)
.... "'..... co .
,.. 0"'. "(
"<::!n" ~
~ ~-~l5
.... - ~ (I),..,
" \Ilg~1o:
_......,.j0~
C:llXi..........
U ~~!O~
-0 -0
I-- ~~~o b
~j::::j::::j::::Q l:l,
~Q:~u"( ~~
....l(a. tl~ ~~
I-- ~~~ ~!:I
_~ -..... ::l'i
'c:.~t!l"( a:~
<::~~Il.: 8 <l~
I-- ~~lib~ "'~ l~
Ill() u.....- (E
~:C0i~ ~i ;Il~
.... g~~ .. t~::j
~ i6~~ ~ ill
Q ~ <'4...~ ~ma!
::t: ~~~~ ~~>-"
.... .....lXllXl)... ~Il~
L 25...............
.- a.:i~Q
~~~
~ M~'i'L:i
II...... ~(j..,
;:: ~;;!~.
...~ it:S:lXi
l.OJ!Il)...
Q:~"(
~~~
!:E",~
i;;:j"':t;
lXi~~
~-..::.
..~~
\\
"'ct~
~ b JI ~
el! ~ I
III !I ! ~l: ~
-~~~ ~I ! ~ I~ ! I
I~~ ~~ ! ~ ! !:!~ ~ II
"'~ f.'ll II' ~~
I' l~,!J! ~ ~
I ~ ~ I ~ H ~ Ii
I ;~~~ ~J ~ I
~12 I I ~
II ~Ii] j i . ~ I
I ~ I !! "'~ I !
~ I ..11'>1 L L ~~b
I b ~i!; I :~:~ r~ ~I b I b
b>- I~i~~ ~li" I i~ ~~ ~ I~
~~ lt1~~~n =a~ I ~ r i' ~ ~
~'f!!'
~
~-.=
I
I
I
I
I
I
I
I
l~
I !i I
l~
2 ~I
l~~
>-~I "
..
I I
I I
I
I
I
I I
I ,
I I
~ ~
III i ;
a
~e @bb ~ ~~ ~ : ~
!~: I!I s 1;111 !II
I!~ I~I ~I ~i~~ II!
I!I I~~ I l;i!~S IiI
~~~ ~;i II 1~li~; s~1
;~: ~bi !:!Q!:! Ib~b ~I;
~~i I~ ~~J
9~~ ~~ ~~3
~b~ 1;lt1 Sg~~
lt15~ ~ I ~~ lt1~ ~~Si
1~1 I
~~
Iii ~i
@~ ~! ~
!iib~! ~i
11Il~1i ~~ ~
~et I
i~~
!!2~ I I
--
Date: 28 March 2006
AGENDA ITEM NUMBER: ~
AGENDA REQUEST
Request to be placed on:
--X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 4 April 2006
Description of Agenda Item (who, what, where, how much):
Request is for Commission approval of the Seagate Hotel at Atlantic Place Plat, a
proposed boundary plat. Being a replat of a portion of Block A and a portion of Lots 1 and
7, Block C, John B. Reid's Village ( Plat Book 21, Page 95 ) and a portion of Block 157,
Town Of Linton ( Now Delray Beach) ( Plat Book I, Page 25) Being in Section 16,
Township 46 South, Range 43 East, City Of Delray Beach, Palm Beach County, Florida.
Staff Recommendation: Approval r;
Department Head Signature: U-uiJ- ~ ~ >3u-u<"
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes I No Initials: N.A.
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: 6i I No Initials: ~
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\Seagate Hotel (aka"ATLAN CTR, Atlantic Place, 1000 E. AtlAve.)\2006-04-04 agenda.doc
MEMORANDUM
FROM:
MAYOR AND CITY_~~MISSIONERS
CITY MANAGER tJfV I
AGENDA ITEM # ego - REGULAR MEETING OF APRIL 4. 2006
INTERLOCAL AGREEMENT/PALM BEACH COUNTY/LINTON
BOULEVARD BASCULE BRIDGE TENDER HOUSE
TO:
SUBJECT:
DATE:
MARCH 31, 2006
Approve an Interlocal Agreement with Palm Beach County for reimbursement of $100,000.00 for
upgrades to the Linton Boulevard Bascule Bridge Tender House.
Funding is available from 334-3162-541-46.10 (General Construction Fund/Bridge/Linton Blvd.
Tender House).
Recommend approval of an Interlocal Agreement with Palm Beach County for reimbursement of
$100,000.00 for upgrades to the Linton Boulevard Bascule Bridge Tender House.
S:\City Clerk\agenda memos\Interlocal PBC Linton Bridge 040406
133/31/213136 17:34
5612437314
CITY OF DELRAV BEACH
PAGE 131/131
City Of DeJray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
TO: David T. Harden
FROM: Randall. Krejcarek, P.E. fJ J
DATE: 28 Mar 2006
SUBJECT: Linton Blvd Bascule Bridge Tender House Upgrades
Interlocal Agreement with Palm Beach County
Commission Agenda Item
Project # 2004~064
The attached agenda item is for Commission authorization/approval for Mayor to execute
Interlocal Agreement with Palm Beach County for reimbursement of $100,000.00 for upgrades
to Linton Blvd Bascule Bridge Tender House.
In June 2000 the City, with the help of Architect David Miller, developed the attached
conceptual drawing indicating proposed imprQvements to the fac;:ade of the above referenced
Bridge Tender House.
The current budget for this project is $183,400.00. The County has agreed to contribute
$100,000.00 toward this project.
The attached map shows the project limits,
Please place this item on the 04 Apr 2006 Commission Agenda.
Thanks!
enc
cc: Richard Hasko, P,E" Director of Environmental Services
Joseph Safford, Finance Director
file
S.'\EngAdminlProjects\2004\2004-064\OFFICIAL \2006-04-04 agenda memo. doc
03/31/2006 17:54 5612437314
CITY OF DELRAV BEACH
~
~
r
,
-
.
~.i
I
:4
1
[J][J][JJ[JJ[JJ
o
~
PAGE 01/01
~U^,IE 2000
I
I
ground
tIN/ON 8!vD /Ste)D6L 1kA./f)iCR.. ;-!oL/SE
(!oAle.e;:>+t/lrL DRAW/Nt:)
63/31/2666 17:36
II
I
I
L
5612437314
CITY OF DELRAY BEACH
PAGE
64/11
INTERLOCAL AGREEMENT
BETWEEN PALM BEACH COUNTY AND
THE CITY OF DELRA Y BEACH
FOR UPGRADES TO THE LINTON BOULEVARD
BASCULE BRIDGE TENDER HOUSE
THIS INTERLOCAL AGREEMENT is made and entered into this
I
day I
I
, by and between PALM BEACH COUNTY, a political subdivision of the I
!
I
I
,I
I
I
I
I
State of Florida, hereinafter referred to as "COUNTY" and THE CITY OF DELRA Y
BEACH, a municipal corporation of the State of Florida hereinafter referred to as
"CITY"
r
I the Linton Boulevard bascule bridge, a County maintained bridge, within the CITY, limits
I
I'
I
I'
il
II
I
i
I
:
WITNESSETH:
WHEREAS, the CITY is undertaking the upgrade of the bridge tender house for
"
hereinafter referred to as "PROJECT"; and
WHEREAS, the PROJECT consists of adding a fac;ade to improve the aesthetic
appearance of the bridge tender house; and
WHEREAS, the COUNTY believes that the construction of the PROJECT serves
a public purpose in the enhancement of the bridge tender house for this COUNTY
bridge and wishes to support the PROJECT by providing supplemental reimbursement
funding for the documented costs of the PROJECT in an amount not to exceed ONE
HUNDRED THOUSAND DOLLARS ($100,000.00); and
WHEREAS, after construction of the PROJECT, the COUNTY will be
responsible for the subsequent maintenance of the PROJECT.
NOW THEREFORE, in consideration of the mutual covenants, promises, and
agreements herein contained, the parties agree as follows:
1. The above recitals are true, correct and incorporated herein.
2. The COUNTY agrees to provide to the CITY reimbursement funding
for documented costs of the PROJECT in an amount not to exceed ONE HUNDRED
THOUSAND DOLLARS ($100,000.00).
3. The COUNTY agrees to reimburse the CITY the amount
established in paragraph 2 for costs associated with the PROJECT, upon the CITY's
submission of acceptable documentation needed to substantiate its cost for the
PROJECT. The COUNTY will use its best efforts to provide said funds to the CITY on a
03/31/2006 17:30
5612437314
CITY OF DELRAY BEACH
PAGE 05/11
reimbursement basis within forty-five (45) days of receipt of all information required in
paragraph 6, below.
5.
Ir preparation,
I payment(s)
f regulations.
6.
The CITY agrees to assume all responsibility for design, bidding, contract
I
The COUNTY's obligation is limited to its payment obligation and shall I
I
I
I
I
!
and contract administration necessary for the PROJECT, including
4.
have no obligation to any other person or entity.
to contractor(s) pursuant to all applicable governmental laws and
The CITY will obtain or provide all labor and materials necessary for the
PROJECT. The CITY shall furnish to the COUNTY's representative a request for
payment supported by the following:
A Contract Payment Request Form and a Contractual Services Purchases
I Schedule Form, attached hereto and inco<porated herein as Exhibit "A" (pages 1 & 2),
:1
i!
, I
which are required for each and every reimbursement to the CITY.
Said information
shall list each invoice payable by the CITY and shall include the vendor invoice number,
invoice date, and the amount payable by the COUNTY. The CITY shall attach a copy of
each vendor invoice paid by the CITY along with a copy of the respective check and
each invoice listed on the Contractual Services Purchases Schedule Form was paid by
the CITY as indicated.
7. As it relates to this Agreement, the COUNTY may initiate a financial
systems analysis and/or an internal fiscal control evaluation of the CITY by an
independent auditing firm employed by the COUNTY or by the County Internal Audit
Department at any time the COUNTY deems necessary,
8. The CITY shall be solely responsible for obtaining and complying with all
necessary permits, approvals and authorizations from any federal, state, regional,
COUNTY or agency which are required for the PROJECT.
9. The PROJECT shall be completed and final invoices submitted to the
COUNTY no later than December 31, 2008, and the COUNTY shall have no obligation
to the CITY or any other entity or person for any cost incurred thereafter unless the time
for completion is extended by modification of this Agreement.
2
03/31/2006 17:30
5612437314
CITY OF DELRAV BEACH
PAGE 06/11
10. Each party shall be liable for its own actions and negligence and to the
extent permitted by law, the CITY shall indemnify, defend and hold harmless the
COUNTY against any actions, claims or damages arising out of the CITY's negligence
in connection with this Agreement or the performance by the CITY as it may relate to
this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign
immunity beyond the limits set forth in Florida Statutes, Section 786.28, nor shall the
same be construed to constitute agreement by either party to indemnify the other party
for such other party's negligence, willful or intentional acts or omissions or for any
amount over the limits set forth in FL Statute 768.28 despite any case law to the
. contrary.
I 11,
Ii
apF=lropriate insurance,
!
The CITY shall, at all times during the term of this Agreement, maintain
12. As provided in F.S. 287.132-133, by entering into this Agreement or
performing any work in furtherance hereof, the CITY certifies that its affiliates, suppliers,
sub-contractors, and consultants who perform work hereunder, have not been placed
on the convicted vendor list maintained by the State of Florida Department of
Management Services within 36 months immediately preceding the date hereof. This
notice is required by F.S. 287.133(3)(a).
13. The CITY shall require each contractor engaged by the CITY for work !
associated with this Agreement to maintain:
Workers' Compensation coverage in accordance with Florida Statutes, and;
a. Commercial General Liability coverage, including vehicle coverage, in
combined single limits of not less than ONE MILLION DOLLARS
($1,000,000.00). The COUNTY shall be included in the coverage as an
additional insured.
b. A payment and performance bond for the total amount of the
IMPROVEMENT in accordance with Florida Statute 255.05.
14. in the event of termination, the CITY shall not be relieved of liability to the l
COUNTY for damages sustained by the COUNTY by virtue of any breach of the
Agreement by the CITY; and the COUNTY may withhold any payment to the CITY for
the purpose of set-off until such time as the exact amount of damages due the
COUNTY is determined.
3
03/31/2006
I
17:30
5612437314
CITY OF DELRAY BEACH
PAGE 07/11
15.
The CITY's termination of this Agreement shall result in all obligations of
the COUNTY for funding contemplated herein to be cancelled.
16. The COUNTY and CITY agree that no person shall, on the grounds of
race, color, national origin, sexual orientation, religion or creed, sex, age, or handicap
be discriminated against in performance of this Agreement.
17. In the event that any section, paragraph, sentence, clause or provision
hereof is held invalid by a court of competent jurisdiction, such holding shall not affect
the remaining portions of this Agreement and the same shall remain in full force and
effect.
I'
18.
All notices required to be given under this Agreement shall be in writing,
and deemed sufficient to each party when sent by United States Mail, postage paid, to
the,following:
. ,
AS TO THE COUNTY
Engineering and Public Works Department
Tanya N. McConnell, P.E.
Deputy County Engineer
P.O. Box 21229
West Palm Beach, Florida 33416-1229
AS TO THE CITY
City of Delray Beach
Mr. Randall Krejcarek, P.E.
Director of Environmental Services
100 NW First Avenue
Delray Beach, Florida 33444
19. This Agreement shall be construed and governed by the laws of the State
of Florida. Any legal action necessary to enforce this Agreement shall be held in
Palm Beach County. No remedy herein conferred upon any party is intended to
be exclusive of any other remedy, and each and every other remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or
now hereafter existing at law or in equity or by statute or otherwise. No single or
partial exercise by any party of any right, power or remedy shall preclude any
other or further exercise thereof,
20. Any costs or expenses (including reasonable attorney's fees) associated
with the enforcement of the terms and conditions of this Agreement shall be
borne by the respective parties; provided, however, that this clause pertains only
to the parties to the Agreement.
4
El3/31/2ElEl6
I
I
,!
I"
I
I
I
!
I
"
i
f!
I
Ii
!
17:3El
5612437314
CITY OF DELRAY BEACH
PAGE El8/11
21. Except as expressly permitted herein to the contrary, no modification,
amendment, or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document executed with the same
formality and equality of dignity herewith.
22. Each party agrees to abide by all laws, orders, rules and regulations and
the CITY will comply with all applicable governmental codes during the
PROJECT.
23. The COUNTY shall not be deemed to assume any liability for the
negligent or wrongful acts, or omissions of the other party (or parties). Nothing
contained herein shall be construed as a waiver, by any of the parties, of the
liability limits established in Section 768.28, Florida Statutes.
24. Each party shall promptly notify the other of any lawsuit-related complaint,
, I
or cause of action threatened or commenced against it which arises out of or
relates, in any manner, to the performance of this Agreement.
25. The parties expressly covenant and agree that in the ~vent any of the
parties is in default of its obligations under this Agreement, the parties not in
default shall provide to the defaulting party thirty (30) days written notice before
exercising any of their rights.
26. The preparation of this Agreement has been a joint effort of the parties,
and the resulting document shall not solely as a matter of judicial constraint, be
construed more severely against one of the parties than the other.
27.
This Agreement represents the entire understanding among the parties,
and supercedes all other negotiations, or agreements, either written or oral,
relating to this Agreement.
28. A copy of this Agreement shall be filed with the Clerk of the Circuit Court
in and for Palm Beach County, Florida.
29. This Agreement shall take effect upon execution and the effective date
shall be the date of execution,
I' REMAINDER OF PAGE LEFT BLANK
5
IN WITNESS WHEREOF. the parties have executed this Agreement and it is
effective on the date first above written.
i
II
I
I
03/31/2006 17:30
II
5612437314
CITY OF DELRAY BEACH
By:
Mayor
ATTEST:
.1
By:
...
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
Date:
CITY OF DEL RAY BEACH
PAGE 09/11
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Chair
ATTEST:
SHARON R. BOCK,
CLERK & COMPTROLLER
By:
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Assistant County Attorney
By:
APPROVED AS TO TERMS
AND CONDITIONS
By:
Date:
6
03/31/2006 17:30
5612437314
CITY OF DEL RAY BEACH
PAGE 10/11
PALM BEACH COUNTY
ENGINEERING & PUBLIC "VORKS DE.I~ARTMENT
CONTRACT PAYMENT REQUEST
Exbibit A
(l>roject)
Gnnltee
Request Date
Billing #
Billing Pel"iod
PROJ.ECT PAY:\IENT S1J:\fMARY
ltc.m
P.-oject Costs
This Billing
Cumulative
PJ.ojcct Costs
Total
I>ro,ject Costs
Consulting Services
Conti-actual SCI:viccs
Materials. Supplies. Direet Purchases
Cirantce Stoel<
Equipment, Furniture
TOTAL PRO.JEeT COSTS
_.___.._.._ri___',_'.'~_'_"""'__ .--... .......,
._~-~_..._----.,._----_.- -.
Ccrtificntion: I hereby certify that the above
\vcrc incun:ed for the work idcnti tied as being
cK<:omplishcd in the attached progress I'eports.
Certification: I hereby cerli fy that the docllm<:n-
tation has been l11aintained as required to support
the project expen.ses reported Iil-bove and is avail-
able for audit upon request.
. ..... ......." - ...__.._...~,,--
Financial OfficcrfDate
.".dmini~tl'lltor/Date
rlK:....VS r~: Q.b!.L.Y
County Funding Participation
$
'rotal Project Cost
$
COllnty obligation to d.lte
$--
$
Tota'l project costs to date
Cm.mty rel.ailla.gc (_ %)
($_-
)
County funds previously di<;hursed
($__._------------)
COllnty f1.mds due this billing
$---------
.R.cwicwed llnd Approved by:
PBC Project Admini6trator/Datc
Assistant County Engineer or Fiscal Manager/Date
Page 1 of 2
03/31/2006 17:30
t:-~
z~
~g
:E~
t-.::I:
C(u
<::IJ
~""l
>-~~
t:::IJ~
;it!". ~ r',
;:,:J-'-
~~5
U;$~
:::I: r:n
uu~
<::iU
~~~
::;:=.~~
,...:Jc:<:ltZl
~9~
~~
~u
r.:l<
z~
Gr-
ZZ
w8
i
l
""'
1;j
Cl
'="l
J::
-=
Q
I:Q
5612437314
'"g
.5
~
""
.S
'=0
~
c:s
"""
o{o
~
~
CITY OF DELRAY BEACH
J::
.,g
C;; J:l.
1;s '6
~!
"0
'j;
"""
tl ii
..... g
e fa
p...O!C
"0
e
-ii
J:l.
'"
:s
....
""
..c
t ~
]Z
.,<:; .... ...
u~~
~~"O
~_ 0 =-
U;;" ell
1;s
..c
... e
_=;:0
v 7. ...
.f ~ ~
ii 'S "0
=;...'C
u,s:;j
...
IS
'"
;;!::
....
~
~
6
u
~
~
g
~~
= .= .,:
t: '" ~
J:l g" :;1
B ,., i"
~ :<! ~
~1Z&.
~.~ =>
v=:l::
"2 'j; i
B = ,...
... !l .s
~ J :8
~ ~ ~
~ =I .;t
Cl:I .c:: ;;
:; 5:!
..c .;:; :
~ 3 ..
"C =: "Cl
.._ 40) Ii::
..c Q ...
1i ;.; ~
...= ~ c:>
;,"O~
= llf;'i
i3 '1;)' It:
... l! c:>
",,"I ~ g..
~ :; 10.,
b J:l.-l$
.c: t 8
of: ..
;: c......
= "0 .....
.j ~ 1:
... <::>
t:: '" E:
.€ ~ ~
~i3~
~
-
<:
III
""
1'.
:g-
l:: .~
E.~
... ..
.s.s
- ':>l;
~ .5
-.c;
.e;. .:0
'l:: -a.
t S
-5" ~
i$ .S
=1l
;= ;
o ...
".l;: ~
~ ~
E.8
C,.J ...
!'!
""
~
a
S
'0
~
G
fa
.S
-
""'
1;;
iB
::2
~
:6
s
~
PAGE 11/11
N
........
o
.-.1
<U
01)
'"
0..
03/31/2005 17:30
5512437314
CITY OF DEL RAY BEACH
PAGE 02/11
Date:
28 Mar 2006
AGENDA ITEM NUMBER:~
Request to be placed on:
-.X...Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
AGENDA REQUEST
When: 04 Al)r 2006
Description of Agenda Item (who, what, where, how much):
This agenda item is for Commission authorization/approval for Mayor to execute
Interlocal Agreement with Palm Beach County for reimbursement of $100,000.00 for
upgrades to the Linton Blvd Bascule Bridge Tender House. This agreement is subject
to review and approval of the City Attorney. The attached map shows the project
location.
Staff Recommendation: A~~
Department Head Signature: '.
3- w-ol.
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes I No Initials: YES
Account Number 334-3162-541-46.10
Description Bridge - Linton Blvd Tender House
Account Balance: $183.400.00
Funding Alternatives:
(if applicable)
City Manager Review: ..
Approved for Agenda: &1 No Initials:
Hold U nti!:
11JVl
Agenda Coordinator Review:
Received:
S:'\EngAdmin '\Projects'\2004"\2004-064\OFFICIAL \2006-04-04 agenda. doc
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER[~
AGENDA ITEM # .~f> - REGULAR MEETING OF APRIL 4. 2006
THIRD AMENDMENT TO CONTRACT FOR SALE AND
PURCHASE/AUBURN TRACE
TO:
FROM:
DATE:
MARCH 31, 2006
This is before Commission to approve the Third Amendment to the Contract for Sale and Purchase
between the City and Auburn Trace, LTD. to extend the closing date and to approve a cross access
easement agreement.
Staff is awaiting new documents for this item.
S:\City Clerk\agenda memos\Aubum Trace 040406
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER or1
SUBJECT: AGENDA ITEM # ~ CV - REGULAR MEETING OF APRIL 4. 2006
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
MARCH 31, 2006
Attached is the Report of Appealable Land Use Items for the period March 20, 2006 through March 31,
2006. It informs the Commission of the various land use actions taken by the designated boards that
may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\agenda memos\apagmemo 040406
FROM:
DAV~~,MANAGER
PAUL DORLlNG, DILJTOR O~1,PLA~NING,~N~~ONING
JASMIN ALLEN, PlANNERf<<:J /h-., {-{ill: 'l
MEETING OF APRIL 4, 200'*CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS MARCH 20, 2006 THRU
MARCH 31, 2006
TO:
THRU:
SUBJECT:
The action requested of the City Commission is review of appealable actions which were made
by various Boards during the period of March 20, 2006 through March 31, 2006.
This is the method of informing the City Commission of the land use actions, taken by designated
Boards, which may be appealed by the City Commission. After this meeting, the appeal period
shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of
the LDRs applies. In summary, it provides that the City Commission hears appeals of actions
taken by an approving Board. It also provides that the City Commission may file an appeal. To do
so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the Commission
as an appealed item.
No appealable items were considered by the Board. The following items which were considered
by the Board will be forwarded to the City Commission for action:
· Recommended approval ( 7 to 0), of a conditional use to allow a free standing multiple family
residential development as part of a mixed-use development in the General Commercial district
for Pare Place North at Delray Beach, located on the east side of North Federal Highway,
approximately 860 feet south of Gulf Stream Boulevard. Concurrently the Board recommended
approval of a waiver for the reduction of the required stacking distance to the entry from 100' to
96'
· Tabled with direction (7 to 0), the City initiated amendment to the Land Development Regulations
Section 2.4.6(E) "Tree Removal Permit" and Section 4.6.19 "Tree Protection" which provides for
the designation and protection of historic trees.
· Recommended approval (7 to 0), of the establishment of a 6-month moratorium on demolitions,
additions and new construction in the City's five historic districts.
City Commission Documentation
Appealable Items Meeting of April 4, 2006
Page 2
A. Approved (7 to 0), a request to amend the master sign program for Nutrition Depot, located
within the South Delray Shopping Center at the northeast corner of South Federal Highway
and Lindell Boulevard (3175 South Federal Highway).
B. Approved (7 to 0), a request for a color change for East Wind Beach Club, an existing
residential condominium, located on the west side of Ocean Boulevard, north of Atlantic
Avenue (150 North Ocean Boulevard).
C. Approved with conditions (7 to 0), a Class II site plan modification associated with the
replacement of landscape materials for La Cigale, located on the east side of SE 5th Avenue,
south of SE 2nd Street (253 SE 5th Avenue).
D. Approved with conditions (7 to 0), a Class I site plan modification associated with the
renovation and addition of a single family residence within a PRD (Planned Residential
Development) for Gismondi Residence located at 623 Pelican Way.
E. Approved (7 to 0), a Class I site plan modification associated with changes to the approved
building elevations for Gramercy Square, located on the west side of Military Trail,
approximately 300 feet south of West Atlantic Avenue.
F. Approved with conditions (7 to 0), a Class II site plan modification associated with the
installation of a 480 sq. ft. temporary sales trailer for Colony Palms, located on the south
side of West Atlantic Avenue, approximately 140 feet east of Whatley Road.
G. Approved with conditions (7 to 0), a Class III site plan modification and architectural
elevations associated with the conversion of a restaurant to office for 102 Realty Holdings
Offices, located at the northwest corner of NE 6th Avenue and NE 1st Avenue (102 NE 6th
Avenue).
H. Approved with conditions (7 to 0), a Class IV site plan modification, landscape plan and
architectural elevation plan associated with the construction of 6-apartment-townhomes within
the Martell Arms development, located on the west side of NE 8th Avenue, north of George
Bush Boulevard (1010 NE 8th Avenue).
I. Approved with conditions (7 to 0), a Class IV site plan modification, landscape plan and
architectural elevation plan associated with the construction of two 1-story self service
storage facility buildings totaling 17,700 sq. ft. for United Stor-AII, located on the east side of
Military Trail, south of Lake Ida Road (14216 Military Trail).
J. Approved (7 to 0), a Class V site plan, landscape plan and architectural elevation plan
associated with the construction of 24 townhouse units in accordance with the City's
FamilylWorkforce Housing Ordinance for 14th Avenue Townhomes, located on the east side
of SW 14th Avenue, between SW 1st Street and SW 2nd Street.
City Commission Documentation
Appealable Items Meeting of April 4, 2006
Page 3
K. Approved with conditions (6 to 0, Dan Carter stepped down), a Class V site plan and
landscape plan associated with the construction of 7 town home units for Delray "7"
Townhomes, located at the northern terminus of Florida Boulevard. Concurrently, the Board
approved the architectural elevation plans on a 4 to 2 vote (Christina Morrison and Connor
Lynch dissenting).
L. Approved (7 to 0) a twenty-four (24) month site plan extension for Gwynn Mixed Use, a
proposed mixed-use building consisting of 3,840 sq. ft. of retail floor area and 4 residential
units, located at the northwest corner of George Bush Boulevard and NE 9th Street).
No Regular Meeting of the Historic Preservation Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
APRIL 4, 2006
r-
L. ~
=>
o
'"
..J-
L-30 CANAL
ff
~
'::l
::>
o
co
~
1S
'?
I.U
e
<:
:iE
en
>--
~
~
a
3
0::
LAKE
IDA
,..
~ 15
:;:
~5P ~
~
:::!
~
LAKE
-0..,
ROAD
[-
-
F
ATLANTIC
E
!j;!
"<
i:E'
'"
!j;!
"<
~
?l:
<-;
~
~
~
\w
~
~
~
I.U
:5
a
co
?l:
<-;
LaWSON BOULEVARD
S.w.
10TH
\w
.....
....
~
~
-.....
....
~
a
o
~
~
:t:
0:
a;
>(
<-;
<.j
~
"<
i:E'
~
?l:
<-;
LINTON BOULEVARD
r..",
O{,:)
GC,oL
''''''-4t\1~
'O~
L.....J
'"
ff.l
~
~
<.>
L-38 CANAL
C-tS CANAL
~
SPRAB
A.NUTRITlON DEPOT
B. EAST WIND BEACH CLUB
C. LA CIGALE
D. GISMONDI RESIDENCE
E. GRAMERCY SQUARE
F. COLONY PALMS SALES TRAILER
G. 102 REAL TY HOLDINGS OFFICE
H. MARTELL ARMS
I. UNITED STOR - ALL
J. 14TH A VENUE TOWNHOMES
K. DELRA Y "7" TOWNHOMES
L. GWYNN MIXED USE
._. - CITYLlMfTS ..
ONE MILE
GRAPHIC SCALE
CITY OF DELRA Y BEACH, FL
PLANNING & ZONING DEPARTMENT
MARCH 2006
- - DIG/TAL BASE MAP SYSTEM..
MEMORANDUM
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER tJ>t1
AGENDA ITEM # ~.(<.... - REGULAR MEETING OF APRIL 4. 2006
AWARD OF BIDS AND CONTRACTS
TO:
SUBJECT:
DATE:
MARCH 31, 2006
This is before the City Commission to approve the award of the following bids:
1. Purchase award to Container Systems & Equipment Co., Inc. the amount of
$131,686.00 as a sole source purchase for the purchase of one (1) 2006
Schwarze A 7000 Regenerative Air Street Sweeper demonstrator model
replacement vehicle for the Public Works Department. Funding is available
from 501-3312-591-64.20 (Central Garage Fund/Automotive).
2. Lease award to Ikon Office Solutions in the total amount of $22,662.72 over
a three (3) year term via the Miami-Dade Contract #114-DD11 for the lease
of a Canon Image Runner 7095 Digital Copier to be shared by the
Community Improvement and Planning & Zoning Departments. Funding is
available from 001-2511-515-44.30 and 001-2711-524-44.30 (General
Fund/Equipment Rental Leases).
3. Contract award to Ron Bell, Inc. in the amount of $83,270.00 for the repairs
to the Old Train Depot roof which was damaged by Hurricane Wilma.
Funding is available from 551-1575-591-45.50 (Business Insurance Fund/
Property Claims).
4. Bid award to Larson Builders in the amount of $69,234.40 to remove and
replace the existing perimeter fence as part of the Strategic Task Team (STI)
Partnership and approved Neighborhood Plan. Rainberry Woods
Homeowners Association will contribute $20,000.00. Funding is available
from 334-6130-541-63.89 (General Construction Fund/Neighborhood
Enhancements).
Recommend approval of the above bids and purchases.
S:\City Clerk\agenda memo\Bid Memo 040406
MEMORANDUM
10:
FROM:
THROUGH:
DATE:
David Harden, City Manager
patsy Nadal, B~r
Joseph Safford~ance Director
3/3012006
SUBJECT: OOCUMENTATlON-CITY COMMISSION MEETING APRIL 4, 2006
PURCHASE AWARD TO CONTAINER SYSTEMS & EQUIPMENT CO., INC.
Item Before Commission:
City Commission is requested to approve the purchase of one (1) replacement street
sweeper from Container Systems & Equipment Co., Inc. for the total amount of
$131,686.00, per quote dated 03/2312006. The selected sweeper is a 2006 Schwarze A700
Regenerative Air Street SVJeeper demonstrator model.
Backaround:
This sweeper is a replacement for sweeper #696 that is being replaced due to age,
concfrtion, mileage, maintenance life-to-date cost.
Container Systems & Equipment Co., Inc. is cons~red a sole source for this demonstrator
sweeper and is allowing a $13,960.00 discount off of the original cost of $145,166.00. The
demonstrator sweeper quoted wiH be the same as the warranty provided with a new unit.
Recommendation:
Fleet recommends the purchase of one (1) Schwarze A700 Regenerative Air Street
Sweeper from Container Systems & Equipment Co., Inc., as a sole source provider, for the
total amount of $131,686.00, per quote dated 0312412006.
Funding from account code: 501-3312-591-64.20
Attachments: Fleet Memorandum, 0312412006
Price Quotation, 03I23l2OO6
Vendor Wananty Confirmation, 03/2412006
Cc: Jackie Rooney, Purchasing Manager~
gA
~{Z1
MEMORANDUM
TO: CAROLANNE KUCMEROWSKI dJ
FROM: KEVIN RUMELL, FLEETMAII~~~UPERINTENDENT wY
THROUGH: RANDAL KREJCAREK Pi ~ - <
SUBJECf: REPLACEMENT VEHIaE
DATE: MARa-I 24, 2006
Carolanne,
This replacement vehicle has been approved by Mr. Harden, and needs to be added to the
consent agenda for Gty Conunission meeting on Tuesday, Apri14, 2006.
The purchase of a Schwarze street sweeper from Container Systems & Equipment; this vehicle is
being sold as a demonstrator model with full warranty, at a cost of $131,686.00. Funding is available
from the city garage capital replacement account # 501-3312-591-64.20. This vehicle is being
replaced due to age, condition, mileage, and life-to-date maintenance costs.
Vendor Contacts:
Container Systems and Equipment - Bob Barton (386) 253-5555 / Fax (386) 253-8537
C: Doug Smith
Richard Hasko
Jim Schmitz
Randal Krejcarek
.;r
1) Replacement for Vehicle # 696 / Schwarze Demonstrator Street Sweeper
Container Systems & Equipment - 2006 Schwarze AlOOO Street Sweeper
Includes: 2006 Sterling Model saooo Cab/Chassis
Conical Spray Hopper Deluge
Water Level Gauge in Cab
Bendix AD-9 Air Dryer
115 hp John Deere Aux. Engine
8.4 cu. yd. Debris Hopper W /Vibratory Dump Assist
Dual Gutter Brooms W /Power Tilt
Gutter Broom Extension Override
600 Gallon Water Capacity
Rear Amber Strobe Light
$131,206.00
Option # 30: Arrow Board
480.00
Total $131,686.00
2
u;~
8;;;
19;
o
f-
Q)
Cl
tIl
0..
co
~
Q) E U) C;;
:5~8~
- 0
'" 0
"8~
::!: <
'"
i::!
~j
os (.)
::!:en
II>
E
'"
~
~
" 0(6
-0 _
c: 5
~()
8.
'" '"
-c:~
~g
'" Q.
> "t: as
~ ~I~
Z o!en
..... o!
- :I....!~
.5 a.. ...J!&,
~ ~ ~:m
00.
~U()
co
o
o
!:::!
,...
N
c;,
"E
Q)
E
t::
tIl
a.
Q)
Cl
~
c:
tIl
c:
Q)
"E
'(ii
::iE
Qi
Q)
u::
>.
.0
"0
~
tIl
a.
~
0..
...
c:
Q)
E
"fi ~
ltl.!!! <:
~ fir CO :..
>.0::: 0 c:
!!! Q) .bE Q)
-00
~:2>-"fi
o~u..~
~"O <(
.- Q)
() !!l
a.
e
0..
o
- 0
II> "'
8 C g
o .- ~
f- os
...J::!:
c-- _ CD
II> '"
8~
Cii
c:
'0
0-,-
'0
- Q):~,
5i ~IN
~ ~!...
~~~''''
&~
<>- -
-0 I;!
{l
1Il",
x>=
W...J
..... . ~
~~~
8.
'"
'" c: '"
~:8.~
~ "51
:2m~
ooen_
c--
CD
"8
::!: c:
~~
os c:
~~
<3
:E
~
C-o
~ ~ m
~.~~
g. ~ E
c ~
~ E 0
os 0 c:
f-J:
..~
'" co
<3
:E
'"
>
:g
::J:t;t
03/23/2005 15:13
385-253-8537
CONTAINER SYSTEMS
PAGE 01/01
DESCRIPTION
Schwarze A7000 (Demonstrator)
Regenerative Air Street Sweeper.
including the following:
2006 Sterling Model SC8000 cab/chassis
200 hp Cummins engine
Bendix A09 air dryer
Dual steering, air conditioning, AMIFM radio, 141" we
115 hp John Deere diesel aux. engine
8.4 cu. yd, debris hopper with vibratory dump assist
(hopper shaker)
sound suppression kit
3.240 sq. In. pick-up head
dual gutter brooms. with power tilt
gutter broom extension override
dust suppression system incl. front spray bar
600 gal. water capacity (250 gal std. lank + 350 gal. aux, tank)
water level gauge .
hydrant washdown hose kit
8" hand hose for remote area/catch basin cleaning
hopper deluge/conical spray clean-out system
rear amber strobe Iig.ht
standard white paint
SUB-TOTAL:
LESS DEMO DISCOUNT:
TOTAL:
F.O.S.: Delray Beach,.FL
DELIV.: immediate
TE~IS: n~30~~
TAXES: Any state or local taxes, title, tag, or registration fees that may apply, are not included.
WARRANTY: FULL I YEAR NEW UNIT WARRANTY - NOTE; Aftel.' May 1. 2006, Schwarze
warranty is reduced to 6 MONTHS, chassis warranty 'will be reduced by the miles, hours
and months of use.
Base vehicle c' 1 year/l00,000 miles; engine - 2 yrs.; transmission ~ 2 years;
Sweepel.' warranty - 12 months/1200 bra
approx. 2,931 miles; 8p?rox, 98.6 hours (sweeper) Subject to prior sale and subject to
re,iew after 30 days from date_
. &J)lY'
BiU YO~Y:
DATE~
TO;
OTY,
one (1)
NOTE:
,. PRICE QUOTATION -
Maich 23, 2006
City of Delray Beach
Mr. Kevin Rumell, Fleet Supt.
FAX: 561-272-5366
PRICE EAt
$ 145.186.00
$ 145.166.00
-13,960.00
$ 131,206.00
508 Believue Avenue · Daytona Beach. Florida 32114-52'79 · (386) 253-5555 · FAX (386) 253-8537 ~
Weoslte: WWW.containersys.com. Emall: info@oontainersys.colTI "lD
03/24/2005 12:16
386-253-8537
CONTAINER SYSTEMS
PAGE 01/01
March 24, 2006
City of Delray Beach
Mr. Kevin Rumen, Fleet Supt.
FAX: 561-272-5366
RE; SchwBfZC A7 Street Sweeper
Dear Mr. Rumell:
This letter will confirni our understanding that the warranty to be provided with the
demonstrator sweeper we have quoted to the City will be the same as the warranty
provided with a new unit, as described in the price quotation previously submitted. The
warranty start date will be the actUal date of delivery to the City ofDelray Beach.
provided the unit is purchased prior to ~ay ], 2006,
We also confirm that a rear mounted arrow board to advise approaching traffic regarding
the sweeping operatio~ can be installed on tbe unit for an additional $ 480.00.
Thank you for this opportunity, uyou need more iriformation. please don't hesitate-
. .
SiJJi
BiD Young..
Pres. .
506 Bellevue Avenue . Daytona Bea::.:h. Florida 32114-5279 · (386) 253.5555 · FAX (386) 253-8537 &
Website: www.containersys_com. Email: info@containersys.eom V%I
~.
MEMORANDUM
TO: CAROLANNE KUCMEROWSKI &J
FROM: KEVIN RUMELL, FLEETMAII~~~UPERINIENDENT wY
THROUGH: RANDAL KREJCAREK Pi wr- <
SUBJECf: REPLACEMENT VEHJ:a.E
DATE: MARCH 24,2006
Carolanne,
This replacement vehicle has been approved by Mr. Harden, and needs to be added to the
consent agenda for GtyCommission meeting on Tuesday, Apri14, 2006.
The purchase of a Schwarze street sweeper from Container Systems & Equipment; this vehicle is
being sold as a demonstrator model with full warranty, at a cost of $131,686.00. Funding is available
from the city garage capital replacement account # 501-3312-591-64.20. This vehicle is being
replaced due to age, condition, mileage, and life-to-date maintenance costs.
Vendor Contacts:
Container Systems and Equipment - Bob Barton (386) 253-5555 / Fax (386) 253-8537
Q Doug Smith
Richard Haske
Jim Schmitz
Randal K.rejcarek
I(j'{" ()Ic.,
jIJ/- 33.i2-5'9/. bC/- 20
iJ:I/~/t:v2c~ .
&Y'r~ ba/tLnee - $Z37; '3 7D.
10:
FROM:
THROUGH:
DATE:
SUBJECT:
MEMORANDUM
~
David Harden, City Manager
Patsy Nadal, Buyer
Joseph ~ Director
312912006
COMMISSION MEETING. APRIL 04, 2008
APPROVAL OF THREE (3) YEAR COPIER lEASE AGREEMENT
WITH IKON OFFICE SOLUTIONS
Item Before Commission:
City Corrmission is requested to approve a three (3) year copier lease agreement with Ikon Office Solutions for a
Canon Image Runner 7095 Digital Copier located in Community Improvement and shared with Planning and Zoning.
The total coomitment amount will be $22,662 n over a three (3) year period via the Miami-Dade Contract #114-
0011.
s.ckaround:
This request is for replacement of an Ikon-Canon 1R8500 leased in March 2003. The current lease agreement
expired on March 25, 2006. Community Improvement and Planning and Zoning are very pleased with the service of
the current copier and the over-alt service by the sales representative from Ikon Office Solutions.
.CPM-Copies Der minute
Model Type CPM Per Per Year Total Lease Copiers
Month Per
(36 months) Month Overage@ $
Ikon-Canon IR7095 95 $629.52 $7,554.24 $22,662 72 60,000 .0033
Toshiba E-Studio 90 $806.00 $9,6n.00 $29,016.00 60,000 .00412
Konica Minotta Pro 920 92 $807.00 $9,684.00 $29,052.00 80,000 .015
All leased copiers include copies per month as stated, supplies, except paper and staples, unlimited service, parts,
labor, delivery, installation and training.
The total cost for the three (3) year lease agreement with Ikon Office Solutions will be $22,662.72 or $629.52 per
month with excess copies biUed @ $.0033 per copy, including unlimited service and supplies (except paper and
staples), with 60,000 copies per month included in the monthly cost via the Miami-Dade Contract #114-0011. The
new lease will be a savings 01$960.12 over the three (3) year lease commitment The Director of Community
Improvement has approved model per attached memo, dated 03/1612006.
Recommendation:
Staff recommends the reptacement lease with Ikon Office Solutions for a Canon Image Runner 7095
digital copier. Community Improvement and Planning & Zoning wiD share the expense for this copier
equally.
Funding from account codes: 001-2511-51S44.30, P&Z-$314.76 per month - Total: $11,331.36
001-2711-524-44.30, CI-$314.76 per month - Total: $11,331.36
Attachments:
cc:
Deparbnent Signed Memo, 03I16f2006
Ikon Proposat, 01f25.2006 - Substlution Model Note, 03/2812006
....... Rooney, ......-.g ~
~~~
lJ)
~~
J
11t~
mvaFIIIRA9.~
PURCHASING DIVISION
TO:
Donna Quinlan, Community Improvement Coordinator
FROM:
SUBJECT:
Patsy Nadal, Buyer
Shared Copier Replacement - Community ImprovementIP & Z
DATE:
March 13, 2006
The lease on your IkoO-Canon IR8500, serial IMNE01668 expired on 0310912006.
I have attached quotes for a replacement lease for thirty-six (36) months with copies included.
Your department is currently paying $656.19 per month, overages not included.
Complying with purchasing guidelines, quotes received are as follows:
.CPM-Copies pe r minute
Copiers
Per Total Lease Incl. Per
Model Tvoe CPM Month Per Year (36 months) Month Overage@ $
Ikon-Canon IR9070 90 $629.52 $7,554.24 $22,662.72 60,000 .0033
Toshiba E Studio 90 $806.00 $9,672.00 $29,016.00 60,000 .00412
550
Konica Minolta BizHub 92 $807.00 $9,684.00 $29,052.00 80,000 .015
600
All leased copier include copies per month as stated, supplies, except paper and staples, unlimited
service, parts, la~\, ~~ery, inst ation and training. Pricing per State Contracts.
Selected Model: ~ - (\\'l::(\
Dept. Signature:
If you have any questions, comments or would like to meet and review, please do not hesitate to give me
a call-x7161.
cc: Jackie Rooney, Purchasing Man~
RE:IR9070
Page 1 of 1
Nadal, Patsy
From: Franklin, Paul (pFrankln@IKON.com)
Sent: Tuesday, March 28, 2006 7:28 AM
To: Nadal, Patsy
Subject: RE: IR9070
Importance: High
Patsy,
Ikon is substituting the Canonlr9070 with the Canon IR7095
-----Original Message-----
From: Nadal, Patsy [mailto:Nadal@ci.delray-beach.fl.us]
Sent: Monday, March 27, 2006 3:23 PM
To: Franklin, Paul
Subject: RE: IR9070
I have not received the corrected email. Thanks
-----Original Message----
From: Franklin, Paul [mailtD:PFranklin@IKON.com]
Sent: Monday, March 27, 2006 1:21 PM
To: Nadal, Patsy
Subject: RE: IR9070
Importance: High
Patsy.
Ikon is substitution Canon IR 9070 with the new Canon IR7195 which is faster.
Pricing stays they same.
Paul Franklin
IKON Office Solution
2090 Palm Beach lakes Blvd.
West Palm Beach, FI 33409
(561)6~5OOx7217
Fax (561) 689-7902
3/28/2006
,. ,
~
.. Document Efficiency
~ At Work....
City of Delray Beach
Community Development
cane. iD1;S
Image Runner ~
.
~ - :--~...... - ...
--
~-- -;
:....-.-....,-
-:....,;-
-
Financial Considerations
10S Capital Monthly Term:
Canon Image Runner 9070 Copier
Finisher/Stapler/Punch K-2N
Optional Network Board-Scanning
Includes the following:
Featu res :
.90 PRINTS PER MINUTES
· Digital Scan Once, Print Many Technology
· 100 Sheet Digital Document Feeder
· 2 x1500 Paper Draws, 2x550 Paper Draws,
· 50 Sheet Multi-purpose Tray
· Limitless Automatic Two Sided Copying
· Finisher/Stapler100 pg. Multi-Position 3,000 output.
· Image Server Memory 196MB RAM + 40GB HD
· Tab Copying and Insertion
· Copy Reservation- 5 copy Jobs, Job Building- Unlimited
· 100 Mailboxes-Store& Merge Print or Scanned Documents
· Mailbox capacity-approx. 7,700 pgs, 2,000 docs,1,OOOdocs/b
· Oept 10's- 1,000 with up to 7 digit password
36 Month
$ 629.52 "0 t: ?~
$ 93.32
· 60,000 copies included per month, overage @ $ .0033
· All supplies included except paper& staples
· Unlimited Service ( Parts& Labor) included
· Delivery, Installation and Training
Miami-Dade Contract 114DDll
Proposal Date: 01/23/06
Pttat
Paul Franklin
Government Account Executive
February 24, 2006
pIlLlIl''l(..~1j
~."~
199]
2001
City of Delray Beach
The City of Delray Beach is requesting quotes for a "Copier Lease. for the
CommunitY DeveloDlllent. Please return your best auote via email or fax (581)
243-7166 to my attention as soon as possible. You may complete this form or
emailJfax the quote in your format Thank You
Vendor: '7b5P<- Da": 2- It - 06
Representative: #L CPA..:7rAw Telephone#: SiI-Z-f'(-lotJ
SPECIFICATIONS
MultifuaetiouaVCopier
90 Minimum - Print per Minutes
100 Sheet Document Feeder
Paper Draws W /Large Capacity - (letter, Iega' & 11ft x 17"')
Multi-purpose Tray
Two Sided Copying
Stapler /2-3 Hole Punch
. 36 Mouth Lease
Pages per miDutes:
S lJb(;, ~
Coutract# f}(!.f'5
1;, 5~P/c po 0
?lJ>
SUlPllted Model:
Optionlll Network Board: S
Total 36 Moath Lease S t" 1 6/", 00
.
- (tI-,tJ:P/1 Contract Name: iJ..?-#: &....vr{ Se~<, ......5
I/Z .~
(ihdditional chaflc)
Per Month
Other charges: S
for
Lease should include tile followiDc:
60,000 copies per mouth Overage Cost @ $
All supplies included except paper&: staples
Unlimited Service ( Parts& Labor) included
Delivery, Installation and Training
. 00 </1 1...
Poreblia& Dirisioa
100 N.W. 1- Ave., Delray Beach, FL 334U
561-243-7161,561-243-7163
F8115'1-2'"-71~
"
February 24, 2006
DELRAY BEACH
i.' o~ ....
AII--'-Iceif
, III J@
1993
2001
City of Delray Beach
The City of Delray Beach is requesting quotes for a "Copier Lease" for the
Community Development. Please return your best Quote via email or fax (561)
243-7166 to my attention as soon as possible. You may complete this form or
email/fax the quote in your format. Thank You
Vendor:
KMBS
Date: 212712006
Representative: Robert Nicotra
Telephone#: 561-237-4510
SPECIFICATIONS
· Multifunctional/Copier
· 90 Minimum - Print per Minutes
· 100 Sheet Document Feeder
· Paper Draws W/Large Capacity - (letter, legal & 11" x 17")
· Multi-purpose Tray
· Two Sided Copying
· Stapler / 2-3 Hole Punch
· 36 Month Lease
Suggested Model: Konica Minolta Pro 920
Pages per minutes: 92
$ 807.00 Per Month
Total 36 Month Lease $ 29,052.00
Contract # 600-340-03-1
Contract Name: State Contract
Optional Network Board: $ 119.00 (if additional charge)
Other charges: $ 100.00
for Network Installation
Lease should include the following:
· 60,000 copies per month (80,000 copies included) Overage Cost @ $ 0.015
· All supplies included except paper& staples
· Unlimited Service ( Parts& Labor) included
· Delivery, Installation and Training
Purchasing Division
100 N.W. 1st Ave., Delray Beach, FL 33444
561-243-7161,561-243-7163
Fax 561-246-7166
{".
. I<ONICA MINOLTA
Community Development
State Contract 600-340-03-1
BizHub Pro 920 Digital Printer/Copier/Scanner
Type II - Class VI
Configuration:
. High Speed B&W Prints at 92 pages per minute
. EDH: 100 Sheet Reversing Document Feeder
. Unlimited Automatic Duplexing
. 2 Universal Paper Trays (500 sheets each, Ltr/R-Legal-llxI7-12xI8)
. 1 Universal Paper Tray (1000 sheets, Ltr/R-Legal-llxI7-12xI8)
. LU-403: Large Paper Tray (4500 sheets, 81/2 x 11)
. 150- Sheet Intelligent Bypass Tray (up to 12x18)
. FS-509: Sorter/Finisher with 100-Sheet Stapler
. PK-505: 2/3Hole Punch Kit
. 256MB Memory
. 40GB Hard Disk Drive
Lease Options:
36 Months = $ 807.00
Available Upgrades:
. IC-203 Network Printer Controller
36 Months = $ 119.00
Note: The Network Controller installation allows for full functionality of all scanning applications, such as:
Scan-to-Email- Scan-to-Desktop - Scan-to-Network-
Lease Agreement Includes 80,000 Copies per month. Overages are bDled at $.015 per copy.
There is a one-time charge of $100 to connect the BizHub 920 to your existing Network & Computers.
Price includes delivery, installation & unlimited training. All consumable supplies / staples
(except paper) are included in the maintenance contract at no additional charge.
A Replacement Warranty and Free Loaner are also included at no charge.
AGENDA ITEM NUMBER: ~~
AGENDA REQUEST
Request to be placed on: April 04, 2006
Date: March 29, 2006
~ Consent Agenda _ Special Agenda _ Wol1tshop Agenda
Description of agenda item: City Conmission is requested to approve a three (3) year copier
lease agreement with Ikon Office Solutions for a Canon Image Runner 7095 Digital Copier located
in Community Improvement and shared with Planning and Zoning. The total commitment amount
will be $22,662.72 fNer a three (3) year period via the Miami-Oade Contract#114-DD11.
Draft Attached:
YES
NO_X
NO_X
ORDlNANCElRESOLU11ON REQUIRED:
YES
Recommendation: Staff recommends the three (3) year replacement lease with Ikon Office
Solutions for a Canon Image Runner 7095 digital copier. Community Improvement and Planning &
Zoning will share the expense for this copier equaly.
Funding from account code: 001-2511-515-44.30, P&Z- $314.76 per month I Total: $11,331.36
001-2711-524-44.30, CJ..$314.76 per month /Total: $11,331.36
Fiscal Year Funding Per Each Account #:2OO5J06..$1,573.80, 2006107-$3,777.12, 2007108-
$3,777.12, 2008109-42,203.32
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (~red on all items involving expenditure of funds):
..?J
Funding available: ~ t-c:(; No
Funding alternatives: (if applicable)
vo; -2<;(/ -~I r;: YV--3b k
Account Number: 00 I - Z 7/1 -5 2 ~ l/ C/ - 3() e>
_Ill Description: fA7--UtJ ~/!ej{ h& Uti' !f< :J
Account Balance: $ tfO iJ Ib / (/5:/6 tP {7/1 ?(j--
(J
City Manager Review:
Approved for agenda: @ et1- No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
Disapproved
MEMORANDUM
FROM:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Manager d-
~ ()-
Joseph SafforCt,-i'iiiance Director
TO:
THROUGH:
DATE:
March 29, 2006
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
APRIL 04, 2006 - ROOF REPAIRS AT OLD TRAIN DEPOT
DAMAGED BY HURRICANE WILMA
Item Before Commission:
City Commission is requested to approve award to Ron Bell Inc. for the repairs to the Old Train
Depot for the amount of$83,270 per the attached memo from Risk Management dated March 27,
2006, approved by City Manager.
Background:
The Old Train Depot was damaged during Hurricane Wilma. Ron Bell Inc. has submitted a
quote for the roof repairs for a total amount of $83,270. (Copy of quote is attached for your
review.)
These repairs are confined to all flat and sloped roof areas on the depot building. The quote does
not include the walkway roof along the track. Decayed or damaged decking, if any, will be
replaced at no additional charge up to 100 feet. Other wood replacement charges added to
contract price will be calculated by multiplying $3.00 per sq. ft. for CDX plywood and $4.00 per
linear foot for other lumber.
Recommendation:
Purchasing staff recommends approval for award to Ron Bell, Inc. for the repair of the roof at
the Old Train Depot for the total amount of $83,270. Funding from account code 551-1575-591-
45.50 (Insurance - Property Claims).
Attachments
Memo From Risk Management
Proposal from Ron Bell, Inc.
1)R3
~ d-- oL/
.1- fa '::>
{2ft6- {+
HURRICANE WILMA
THROUGH: Frank Babin, Risk Manager.
MEMORANDUM
TO:
Jackie Rooney, Purchasing Manager
FROM:
DATE: March 27,2006
SUBJECT Hurricane Damaged Old Train Depot Roof
Hurricane Wilma damaged the Old Train Depot Roof. Ron Bell, Inc. will repair the roof in the
amount of $83,270.00.
Please initiate a requisition in the amount of $83,270.00 to Ron Bell, Inc. A purchase order
number is required before the fixtures can be ordered. The account code to be used is 551-1575-
591-45.50. No departmental deductible is required as this is storm damage.
By copy of this memorandum to Clayton Gilbert, I will ask that he provide the original invoice
upon completion ofthe repair work.
Please note a 40% deposit is required before the work can begin. By copy of this memorandum
to Clayton Gilbert, I will ask that he contact the vendor and request an original invoice in the
amount of $33,308.00 for the down payment. This invoice should be forwarded to Accounts
Payable.
Thank you for your assistance.
Cc: Joseph M. Safford, Finance Director
Clayton Gilbert, Building Maintenance Superintendent
Accounts Payable
Steven Boyer, Vice President, GBS
Gene Montfort, Senior Claims Adjuster, GBS
wilma. doc
oj(
~
Attachment
"
\\ E "
111m Bell, IDe.
737-7507
3151 S.W 14th Place, Ste #1
Boynton Beach, Florida 33426
FAX # (561) 731-0211
State Roofing Contractors Lie. # CCC037003
Contract Documents
- Flat and Sloped Re-roof -
City of Delray Beach
Public Works
Delray Beach, Florida 33426
Attention: Clayton Gilbert
March. 23rd 2006
Description of Building:
Old Train Depot
DeJray Beach, FL
Scope of Work:
Work confined to all flat and sloped roof areas on above described depot building.
(Not to include walkway roof along track.)
Description of Work:
· Remove existing built up flat roof system and clay barrel tile sloped roof completely from wood deck to
allow for a clean and smooth application of the new roofmg system.
· Renail wood deck to meet current building code requirements.
* (See wood contingency on page two (2) of this contract.)
· Install a heavy weight fiberglass reinforced modified bitumen base sheet to wood deck on flat roof using
tin tags and nails in full accordance with local and state building departments.
· Install an ASTM 30 lb. organic felt on sloped roof using tin tags and nail to meet code.
· Install new lead plumbing stack flashings and copper static roof vents to replace existing.
· Adhere a Certainteed Flintlastic FR, fiberglass reinforced, smooth surfaced modified bitumen interply to
base sheet on flat roof using solid mopping of type IV hot asphalt.
· Install same Flintlastic FR interply over cant strip and on top and backside of parapet walls.
· Install new 16 ounce copper drip edge flashing at perimeter eaves of sloped roof using copper nails.
· Install new lead sheet flashing around existing roof drain. Install new retrofit drain if necessary.
· Adhere a Certainteed Flintlastic GMS 170, granular surfaced, polyester reinforced modified bitumen cap
sheet to surface of smooth interply on flat roof. Sprinkle granules in hot asphalt overflow at end laps
and seams.
· Adhere same Certainteed Flintlastic GMS 170 on sloped roof and backnail approximately 12" OC.
· Install hip and ridge boards to roof and cover with same Flintlastic GMS 170 modified bitumen.
· Supply and install new clay barrel roof tile on all sloped roof areas using PolyFoam adhesive and
TileTite mortar in point up. Install cap tile on hip & ridge and eaves closure at perimeter of sloped roof.
· Clean up and haul away all debris.
· Price nm to include any HA VC, electrical, plumbing or rain gutter work or any priming or painting.
page 2
All materials and process have appropriate product approval by local city and county authorities and all work
complies to the latest edition of the Florida Building Code for a replacement roof.
Contract Price:
We propose to furnish all materials and labor in accordance with above specified work for the sum of:
5.83,270.. 00
Guarantee:
All workmanship and materials guaranteed against roof leaks for a period of five (5) years from the date
of completion. Excluded from this guarantee are leaks caused by anyone or more of the following items:
A) Hmricanes, hailstorms, lightening, tornadoes, windstorms, andlor any other natural or unnatural
phenomena, as well as fire or explosion.
B) Damage caused by other tradesmen such as maintenance men, air conditioning men, painters, etc.
C) Structural failures and wall settlement, cracking or failure of roof deck.
D) Defects, leaks, or damage caused by negligent act of the owner, his employees, tenants or any
other acts beyond our control.
Contingency:
'" Decayed or damaged deckini, if any, will be replaced at no additional charge up to 100 feet. Other wood
replacement charges added to contract price will be calculated by multiplying $3.00 per square foot for
CDX plywood and $4.00 per linear foot for other lumber.
Terms of Payment:
%
40%
40%
20%
Terms
of contract price due upon signing contract;
of contract price due upon substantial completion;
of contract rice u on com letion of work.
83 270
_i33,308
$33,308
$16,654
In no event shall Ron Bell, Inc. be liable for any special, incidental or consequential damages to the building or
its contents resulting from, or in connection with, any failure or leak.
Ron Bell, Inc. is fully certified and complies with all the requirements of the State of Florida Construction
Industry Licensing Board Upon receipt of signed contract and written request by you, we will issue an
insurance certificate for your review and files.
If it becomes necessary for either party to institute an action at law or inequity to enforce any obligation
hereunder, then the prevailing party shall be entitled to recover attorney's fees and court costs.
Unpaid accounts will be subject to a late charge of 1.5% per month. Unpaid refers to accounts that do not
follow the terms in this contract.
Owner agrees to allow convenient access to building for men and equipment.
This proposal is subject to review of not accepted within ten (10) days.
page 3
.
This agreement contains a complete statement of all arrangements, between the parties, superseding all previous
agreements whether expressed, written, or implied. Do not sign this contract unless all areas are
covered.
Acceptance of Contract:
The preceding prices, specifications and conditions are satisfactory and are hereby accepted. Ron Bell,
Inc. is authorized to do the work as specified. Payments due as specified.
Ll Acceptance: (I/Dn Bel~ lncJ
Acceptance: (Owner or Agent)
By:
For:
Title:
For:
Kindly indicate yom acceptance of this contract by signing above. Please initial both pages and return one
signed copy to this office.
7~~
ie_ &It
..
"
'\ , ,\
E
Pagelofl
Safford. Joseph
FfOIII: Schmitz. James
Sent: Tuesday. March 21 t 2006 6:08 AM
To: Safford, Jose . Gilbert, Clayton
Subject:
Keep in mind that this is a historical building and that the architecture must remain original. I will be very surprised
if the job can be completed for this price. There is still a lot of structural issues with the substrate material i.e.
sheeting, mansard, trusses, etc. that have not been taken into consideration.
u---Qriginal Message-----
From: Ron Bell [mailtD:ron@goodroof'er.com]
Sent: Monday, March 20, 2006 6:09 PM
To: Gilbert, Clayton
Cc: Schmitz, ~mes; Sharlene Corzine; Frank Volpe; Paul Giel
Subject: Old Train Depot
Clayton,
Frank told me your called.
I have been working on the Train Depot - see below.
The roof area is approximately 5700 sq ft of flat roof
and approximately 3000 sq ft of sloped barrel tile roof.
To re-roof properly using a double layer of modified bitumen on the flat roof
and a modified bitumen underlayment with band made clay barrel1ile on the sloped roof;
lhe price is around ~. There would be an extra charge if substantial wood must be
replaced. €'$ .
You sbould fi re $85,000 be safe.
312112006
AGENDA ITEM NUMBER:
L~
AGENDA REQUEST
Request to be placed on: April 04, 2006
Date: March 29, 2006
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approval for award to Ron Bell Inc. for the repairs to the Old Train Depot Roof for the total amount
of $83,270 which was damaged by Hurricane Wilma.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Approve award to Ron Bell Inc. for the repairs to the Old Train Depot roof for the total amount of
$83,270 which was damaged by Hurricane Wilma.
Funding from account code 551-1575-591-45.50 (Insurance - Property Claims).
Department Head Signature:
0.- &~
"" '\
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes ~ '3 \" (0 ~o
Funding alternatives: (if applicable)
Account Number: S-~/-/S-7S-- ITI.I./r---SZ)
Account Description: ?mJ>lA ~ {}1{l,/m s
Account Balance:
City Manager Review: .TI1 /J
Approved for agenda: GJ- !?I v / No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
Community
Improvement
Memo
From:
David Harden, City Manager
Lula Butler, Director, Community Improvement
LV
To:
Date: March 31,2006
Re: Bid Award - Rainberry Woods Perimeter Fence/Strategic Task Team Project
ITEM BEFORE THE COMMISSION:
City Commission approval of the contract award to Larson Builders/Cody Handyman Service
to remove the existing perimeter fence and install a new one based on the approved
specifications and scope provided as the most responsive bid in the amount of $69,234.40
The Rainberry Woods Homeowners Association under the STT partnership will contribute
$20,000 towards the cost of this improvement, providing for a net cost to the City in the
amount of $49,234.40.
BACKGROUND:
City Commission approved the Neighborhood Improvement Plan for Rainberry Woods under
the Strategic Task Team Partnership last year. The first phase of the improvements began
this year and consisted of the installation of a new irrigation system and landscape
improvements along the perimeter fence of the subdivision. The contract for this phase of the
work was approved and the work commenced in September 2005 with the installation of the
irrigation system. However, hurricane Wilma interrupted the work, destroying the perimeter
fence. The irrigation and landscape improvements cannot be done until the fence is replaced.
Because the fence is not covered by the HOA's insurance, the cost to replace the fence
exceeds their financial capacity. The board of directors explored repairing the fence and
discovered that the repair cost for the weak fence damaged the year before would be as
much as the cost to replace it. The Board requested assistance from the City under the STT
partnership to remove and replace the perimeter fence. They understand that some of the
approved improvements scheduled to be done in FY 05/06 will be deferred to the next fiscal
year.
Staff provided technical assistance to the HOA's Board of Directors with soliciting bids to
remove and replace the perimeter fence. The board received five (5) quotes ranging in price
from $69,240 up to $83,970. Staff is recommending awarding the contract for the lowest
responsive bid with the understanding that the work will commence within seven (7) days of
contract execution.
RECOMMENDATION:
Staff is recommending City Commission approval of the bid award to the lowest bidder,
Larson Builders in the amount of $69,234.40 and to accept a $20,000 contribution from the
Rainberry Woods Homeowners Association as their share of the cost for this improvement
under the approved Neighborhood Action Plan for this subdivision.
~f(;4
CITY OF DELRAY BEACH
COMMUNITY IMPROVEMENT DEPARTMENT
RAINBERRY WOODS HOMEOWNERS ASSOCIATION
BID RESPONSE SHEET
Scope of Services: Remove and dispose of damaged fencing and debris and install a total of 3300
lineal feet of new 6' cypress shadow box fencing along the perimeter of Rainberry Woods's
subdivision.
NAME OF CONTRACTORS
BID AMOUNT
1. Larson Builders/Cody Handyman Service
$ 69.234.40
2. Kraftsman Handyman Service
$ 74.000.00
3. Landmark Construction Corp.
$ 76.900.00
4. G.K. Enterprise
$ 77.500.00
5. Harzell Construction, Inc.
$ 83.970.13
FIRM Materials Labor Rernoval Total
(Optional)
Larson Builders/Cody $ 34,617.20 $ 34,617.20 N/A $ 69,234.40
Handyman Payments in 1/3
increments -
commencement,50~
completion & 100~
completion
Kraftsman Handyman N/A $ 74,000.00
paymentsY2 down; Y2
completion
Landmark Cons. N/A $ 76,900.00
Payment @ completion
G.K. Enterprise N/A $ 77,500.00
Y2 down payment; Y2
completion
Hartzell Cons. $ 38,370.13 $ 45,600.00 $ 16,320.00 $ 83,970.13
1/24/2006
Homeowners Association
City of Delray Beach
100 NW 1st Ave.
Delray Beach, FL 33444
ATI: Lula Butler
Dear Ms. Butler:
The Rainberry Woods Homeowners Association Board of Directors requests that part of the budget for
the redevelopment of our neighborhood goes toward replacing Rainberry Woods perimeter fence.
Thank: you for your cooperation in this matter,
~Cl1d. ~t3t--
P.O. Box 6183
Delray Beach, Florida 33484-6183
(954) 425-7476
Date: March 31, 2006
AGENDAITEMNUMBER: ~
AGENDA REQUEST
Request to be placed on:
_X_Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: April 4, 2006
Description of agenda item (who, what, where, how much):
aty Commission approval of contract award in the amount of $69, 234.40 to Larson
Builders to remove and replace existing perimeter fence in Rainberry Woods as part of the
SIT Partnership and approved Neighborhood Plan. $20,000 will be contributed to the
project by the Rainberry Woods HOA
~partment Head ~ . /J ~ ). /l . /? ---------...
SIgnature: ~ l. -- -
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~ No Initials: cs> ~"tJ~\
Account Number .J 3't - ""'"3 <:) - -=;.....' - 1-.3 . ,.~
Description N~~~OfUJ.o~t:) ~'-'..JQNt'J ~
Account Balance:
... ,S-I . f!) 9 ,
,
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda:@1 No Initials: M
Hold Until:
Agenda Coordinator Review:
Received:
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
LIVIA LANDRY and ROBERT MANNWEILER,
Appellant( s),
vs.
CITY OF DELRA Y BEACH,
Appellee.
I
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA FOR 711 N. SWINTON AVENUE
1. This appeal of an approval of a certificate of appropriateness for a partial
demolition and major additions and alterations to the property at 711 N. Swinton
Avenue came before the City Commission on April 4, 2006.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the certificate of
appropriateness for 711 N. Swinton Avenue. All of the evidence is a part of the record
in this case. Required findings are made in accordance with Subsections I, II and III.
I. LDR REQUIREMENTS
a. LDR Section 4.5.1 (E)(4) and 4.5.1 (E)(8)(a-k), "Development Standards"
provides guidelines in evaluating Certificates of Appropriateness for the alteration or
addition of exterior architectural features. The guidelines are as follows:
(E)(4) A historic site, or building, structure, site improvement, or appurtenance
within a historic district shall be altered, restored, preserved, repaired,
relocated, demolished, or otherwise changed in accordance with the
Secretary of Interior's Standards for Rehabilitation, as amended from time
to time.
(E)(8) All improvements to buildings, structures, and appurtenances shall be
visually compatible. Visual compatibility shall be determined in terms of
~\ltlO\9 ~
~~~ ~~ \J\k~4:~ <1A
height, front fayade proportion, proportion of openings (windows and
doors), rhythm of solids to voids on front facades, rhythm of buildings on
streets, rhythm of entrance and/or porch projections, relations of
materials, texture and color, roof shapes, walls of continuity, scale of
building, directional expression of front elevation.
(a) Heiaht: The height of proposed buildings or modifications shall be
visually compatible in comparison or relation to the height of
existing structures and buildings.
Is this met?
Yes No
(b) Front Facade Proportion: The front fayade 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.
Is this met?
Yes No
(c) Proportion of Openinas (windows and Doors): The openings of
any building 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.
Is this met?
Yes No
(d) Rhythm of Solids to Voids: Front Facades: The relationship of
solids to voids in the front fayade of a building or structure will be
visually compatible with the front facades of historic buildings or
structures within the district.
Is this met?
Yes No
2
(e) Rhythm of Buildinas on Streets: The relationship 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.
Is this met?
Yes
No
(f) Rhythm of Entrance and/or Porch Proiections: The relationship
of entrances and porch projections to the sidewalks of a building
shall be visually compatible with the prevalent architectural styles of
entrances and porch projections on historic sites, buildings and
structures within a historic district.
Is this met?
Yes No
(g) Relationship of Materials. Texture. and Color: The relationship
of materials, texture, and color of the fayade of a building shall be
visually compatible with the predominant materials used in the
historic sites, buildings, and structures within a historic district.
Is this met?
Yes
No
(h) 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.
Is this met?
Yes
No
(i) 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 enclosure along a
street to insure visual compatibility of the building to historic
buildings, structures, or sites to which it is visually related.
3
Is this met?
Yes
No
U) Scale of a Buildina: 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 the
building mass of historic sites, buildings, and structures within a
historic district.
Is this met?
Yes
No
(k) Directional Expression of Front Elevation: A building shall be
visually compatible with the buildings, structures, and sites in its
directional character, whether vertical, horizontal, or nondirectional.
Is this met?
Yes
No
Have the overall objectives of the LDR's been met?
Yes No
II. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES:
a. The Delray Beach Historic Preservation Design Guidelines
recommends the following with respect to additional height and new
construction/infill:
· For buildings where additional height is allowed, stepping back the
upper stories may help to minimize the difference as viewed from
the street.
· All infill must be compatible with the surrounding buildings and yet
must be differentiated from the historic building stock.
· The height of any new building should be similar to those of other
buildings along the streetscape.
· The new construction should be compatible with the width of the
surrounding buildings.
· The relationship of new construction adjacent to significant historic
resources can either enhance or detract from the historic setting of
the district.
· The character of the massing should be compatible with the
surrounding buildings.
4
Have the overall objectives of the Delray Beach Historic Preservation
Design Guidelines been met?
Yes No
III. THE SECRETARY OF THE INTERIOR'S STANDARDS FOR
REHABILITATION:
a. The Secretary of the Interior's Standards for Rehabilitation
recommend:
· New additions, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old and shall be
compatible with the massing, size, scale, and architectural features
to protect the historic integrity of the property and its environment.
· New additions and adjacent or related new construction shall be
undertaken in such a manner that if removed in the future, the
essential form and integrity of the historic property and its
environment would be unimpaired.
Have the overall objectives of the Secretary of the Interior's
Standards for Rehabilitation been met?
Yes
No
3. The City Commission applied the LDR requirements in existence at the
time the original site plan was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5
5. Based on the entire record before it, the City Commission approves _ denies
_ the certificate of appropriateness appeal thereby upholding the decision of the
Historic Preservation Board and hereby adopts this Order this 4th day of April, 2006, by
a vote of
in favor and
opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
6
City of Delray Beach
Memo
To: City Commission
From: City Manager ~
cc:
Date: March 31, 2006
Re: Appeal of the Certificate of Appropriateness for 711 N. Swinton Avenue
Included in the backup for this agenda item is both the staff report to the Historic Preservation
Board at their March 1, 2006 meeting, and the report on the initial submittal which was
considered by HPB on January 18, 2006. In the second submittal the size of the proposed
home was reduced from 4,400 square feet to 4,275 square feet. In my opinion, this 125
square feet reduction is insignificant. I believe the January 18 staff report is correct when it
sates on page four: (a) 'The height of the building is within the height requirement. However,
it lends to a very large and massive appearance. The second story should be set back from
a one-story element, at least on the front fa98de to provide relief from towering over and
overwhelming North Swinton Avenue." (b) 'The front elevation is not in proportion with the
other adjacent building in the Del-Ida Park Historic District. It is out of scale, too massive, and
overwhelming." G) "The proposed building is too massive when taking into consideration its
surroundings in the Del-Ida Park Historic District. The front elevation should be modified to
lessen its massive impact on North Swinton Avenue and the rear ell should be broken up to
mitigate its impact on the surrounding properties within the district that are a much lesser
scale." Pages four and five of this report go on the list seven Delray Beach Historic
Preservation Design Guidelines and two Secretary of the Interior Standards for Rehabilitation
that have not been met. I believe all these statements are still true of the second submittal.
In discussing with our Historic Preservation Planner these two staff reports, she indicated the
second one was influenced by the HPB's direction given to the applicant at the January 18
meeting.
Also included is an analysis of house sizes and Floor Area Ratios in the northwest portion of
Del Ida Park. Based on this analysis, if this COA approval is not overturned, this home will be
the largest one in the area, and with a 42% floor area ratio, it will have a higher FAR than any
other homes with the exception of the two infill homes built on 50 foot lots.
Recommendation: I recommend that the appeal be granted and the Historic Preservation
Board's approval of the COA 2006-066 for 711 N. Swinton Avenue be overturned.
1
~A
j: __ i
4:
o
z
,'<
NW
'IT"
N.W. 9TH
ST.
, ..
"""'-'
, ,-
,', ~ N,W, ~lH Sf.
...(
.'"
...
{i]C)
uN".~ '~
-'
1WOOO
"--../
....
,
I
~--
<l
<:)
:l<: ,----
'"
~
z ..._-
". .
~
z.,
L~NflJ
I/?IN: it
f ~J ThFRA!,
LAKE IDA ROAD
CA SON
METhODIST
CHURCH
'..
'.
__ ~I"_u
<(
t-'
I. ~ ..-..
~ .
..-...-. z .........
N
-
CITY a- oaR" Y OCACH. '1.
PlANHflC & ZONltlG OEPARTl/E,.T
-- OICITAl. SotS/." _ SYSTO,l --
,1. __ ;__.".m."
,
$1.
Sf
" ... / '~S7 /
N.E.
iliW. ..... -.11 i ' rl?/ (!If p
JiII!I!1 · ='~ ~'j) 2- t~~
II II1I ! II i (. ~=:=J~ UJ I ~-
(;l:.'OR(;l" Bi 1 _ _ BDUlEVARO
W ~J I [II -~ ~"" '~."-,/,~~'\ 1-.--/ ',! 1---- 1
:::> ~~ I., ~c." ". x." '" . -.. I
z .~ "!. "\. i\' 1\ " ~', '" . "- ~ ~-.. , ......
~ "N' . i"\. N ," <<""" ') >< ~ ,"-, " "-1
<:" N. '~~I~' s~ """X'> ~~<""~--=-'i'::""M'"''''_'
~., ' ',- ~l .~~.. ~ ~ "", '... <Qcl~V, "'." ';1 "-. ........1>
. "c_,;" ,~-l-' <. ......" 'c, "''>..'' .....:.< "_.~ ,",'
'\. Ii., ..e.... '. '" >~ "., ...- . f- N.E. 7TH
_:N,~~,~~.'" ~ ~ ~~.~ iJ L1 i=1~i
"" "'" ',>-,~, '~ ,~ --'-'1 !II z
~" />:, "" ' N.. lH r-RR. [i!........... L............. N.t. 6TH -E. .
<', :' '..... :..._.1 .., ....../.. F.. -" : I
o .1.._.... t-..-......
~.....- ..........J ---..- t.....--- -
, ~~<v RE. 5TH CT. ..~~= r~..---
0'" '" ! I! 1 }'-"J ~ -:~1 I...~_ ~
~~'LJ i': I I J. -I It= -..- ;1
5tH ST....__ ~~..______~
, ': ) ,....... __ _. ___:r:
._--.. ,-..- .
- . .. "." -.;~~, .. L"--J t..f 1~= "::'-_'1'_-'--'- vj .... vi --
'" '! j J~------' ::) ::) ...
,- Z . It. ... ]-1 ...--.-.-...- 0, _.
TH -
.- ~.J' ~.._......_. .__ ... r--
===::=t ....-- - .--...
~.. ":'7, I.=~:'=::'-::" ~-_... .....- ~
.. .,. -- ~ .-..-....
:......_ j .....-.. -.-.......... :1:..,. :r:
----.. -~-. -...-....---
...... .._-- --_.....
~ ------ ;t - -,-- ;j ---
....... 0::: ^--.- ----. 0::: --^-
~-.. I... ~..._
T' ~ ._-- 1---..-- ~
r-'-'- ..... , . ... '-'-'-
r '''---
~=.-:=---.- -..-
N.:..
l!III,lllli'1
' , ,'; :' . i ' : ~ ; h__m_.
.. L,~........._.........'.....,_....+._'........ ...
,. ., l , .' ~ ~._,_____
::::::"==_::J . . '~ t I i ~ I _~b._.,"
........... .: i i : ! '
11TH
,
.
l
,
sr.
,...
..-
.......,..
7'
~
z"
..~
.._n ~
\'.....,_.... ,
~
r--
"
.... 0-"'"''
2.........-
N.E.
~ 1--- ..-.
X f.... Om --
-
:
j ,
: ,
N.
I.."..
-..- .- .._,
--_moo. W POST _ --
~ OFFICE ~ -.- -
_m__ --.---....- < _..
-"-
,-
-.--......-- if)
-
-"
"'I~=
""'- --
--
.----. .---- -
..- ---- -
~I--- ----. i=
"" ....- "'''''--
..-.- --"
-...... ---
-.......-
. ..-..
-
-
-~=
-1,_
I I
~~/ll
- -'-'-
w
Z
td
Z .."
DEL-IDA PARK HISTORIC DISTRICT
FAP. ~AHf'LE' A/(E"4-
0ltAll'lf BY: .J1>O
< " il?l<, If' 1-1." ~.Vli'..\.~
Address Year Built Total SQuareFoota~e LofSize FloorArea Ratio
NE 2110 Avenue
615 1956 2027 70x140 21%
706 1939 1745 60x127 23%
714 1925 1580,430 120x127 13%
799 N/A 1756 65x180 15%
NE 6th Street .'.
10 1958 2445 N/A
11 1950 1635 75x120 15%
17 1925 1852 75x120 21%
101 1939 1454 50x120 24%
105 1939 1118 100x120 9%
110 1944 2139,519 N/A
111 North Del-Ida Estates Rep1at 82x120
115 (previously 107 NE 6th Street) 95x70
116 1960 2350 101x127, 11%
68x135
NE7th Street .....
5 1939 960 50x120 16%
5 Vacant Lot 50x120
10 (2 Story) 2000 3035 50x120 51%
14 1965 1575 50x120 26%
17 1954 1512 50x120 25%
18 1969 2027 75x120 23%
102 1952 1168 50x120 19%
105 (2-Story at Rear) 1940 3276 100x120 27%%
109 (2 Story) 2000 2963 50x120 49%
110 1925 2539 N/A
112 North Del-Ida Estates Replat 82x120
113 1962 1311 50x120 22%
116 North Del-Ida Estates Replat 70x95
117 1939 2210 60x127 29%
Dixie Blvd.
11 1923 2495 50x140, 50xl16, 15%
69x59
19 1925 1000,420 50x140 20%
13/23 1937 1395, 828 75x140 21%
101 1939 2212, 1030 100x140 23%
109 1937 1184,435 125x140 9%
125 1928 1668 50x140 24%
Lake Court
10 1940 2182 100x140 16%
14 1955 1295 50x140 19%
18 1941 4015 100x140 29%
26 1925 1480 50x140 21%
F'
Lake Court Cont'd...
30 1925 1668 50x140
20 1951 1746 100x130
North Swinton Avenue
515 (2story) 1925 2454 126x55,
40x135
521 1939 2010 N/A
527 1947 1361 62x125
531 1947 1470 58x125
601 Vacant Lot 95x100
605 1925 1590, 740 145x100
701 1940 1586 75x127
711 1962 1830 80x127
721 1956 2344 85x127
24%
13%
20%
18%
20%
16%
17%
18%
22%
Notes:
Total Square Footage Information found at the Palm Beach County Property Appraisers Website.
Lot Sizes Complied by the Palm Beach County Property Appraisers Website and the City's Property Records.
Dates of construction compiled by Florida Master Site File Forms and the Palm Beach County Property Appraisers Website.
A verage Floor Area Ratio = 20%
Median Floor Area Ratio = 20%
Mode Floor Area Ratio = 21 %
2rl
TO:
THRU: R OF PLANNING AND ZONING
FROM: Z, HISTORIC PRESERVATION PLANNER
SUBJECT: MEETING OF APRIL 4, 2006
APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION FOR
PARTIAL DEMOLITION AND NEW CONSTRUCTION AT 711 NORTH
SWINTON AVENUE LOCATED IN THE DEL-IDA PARK HISTORIC DISTRICT.
The action requested of the City Commission is consideration of an appeal of the Historic
Preservation Board's (HPB) decision made on March 1, 2006. The HPB approved the Certificate of
Appropriateness (COA) for a non-contributing property located at 711 North Swinton Avenue based
on a finding that the request was consistent with the Comprehensive Plan and met the criteria set
forth in LOR Section 4.5.1 (E)(4), (E)(7), and (E)(8)(a-k), the Delray Beach Guidelines, and the
Secretary of the Interior's Standards for Rehabilitation.
In December 2005 the applicant submitted a COA application for the partial demolition of a
structure built in 1962 and construction of a two-story addition with attached two-car garage.
The application was reviewed by the Historic Preservation Board on January 18, 2006 at which
time the HPB continued the application with the direction to scale down the addition. The
applicant subsequently revised the proposal and the application was reviewed by the HPB for a
second time on March 1, 2006, at which time it was approved with conditions. The approved
development proposal includes retaining approximately 800 square feet of the existing structure
and constructing a 3,475 square foot, two-story addition including a two-car garage.
A complete analysis of the proposal is found in the attached Historic Preservation Board Staff
Report of March 1,2006.
The Board followed the established quasi-judicial procedures in considering the project. The
applicant offered testimony in support of the development proposal. Staff noted that the
development was consistent with other infill in the area, however, also noted that the proposal
was not consistent with the established historic structures within the district. The Board took
testimony from members of the public who spoke against the project noting that it was not
compatible with the Del-Ida Park Historic District and not in compliance with the required review
criteria.
After taking public testimony and discussing the proposal, the Board felt the applicant had
followed the Boards original direction and voted 4-1 to approve the COA request with
conditions.
City Commission Documentation, Page 2
Meeting of April 4, 2006
Appeal of HPB Action - 711 North Swinton Avenue
On March 6, 2006, Livia Landry of 701 North Swinton Avenue submitted an appeal of the
Historic Preservation Board's action of the subject property. On March 14, 2006, Robert
Mannweiler of 109 NE ih Street also submitted an appeal of the Historic Preservation Board's
action of the subject property. The proposed basis of the appeals is that the actions taken by
the Historic Preservation Board were inconsistent with the LDRs and the Delray Beach Historic
Preservation Design Guidelines.
The relief being sought is that the approval of the COA be reversed and the owner be required
to resubmit an appropriate proposal which would comply with the LOR's and the Delray Beach
Historic Preservation Design Guidelines.
Commission's discretion.
Attachments:
· Historic Preservation Board Memorandum Staff Report of March 1, 2006
· March 6, 2006 Appeal Letter from Livia Landry
· March 14,2006 Appeal Letter from Robert Mannweiler
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
LIVIA LANDRY and ROBERT MANNWEILER,
Appellant( s),
vs.
CITY OF DELRA Y BEACH,
Appellee.
I
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1, This appeal of an approval of a certificate of appropriateness for a partial
demolition and major additions and alterations to the property at 711 N. Swinton
Avenue came before the City Commission on April 4, 2006,
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the certificate of
appropriateness for 711 N. Swinton Avenue, All of the evidence is a part of the record
in this case. Required findings are made in accordance with Subsections I, II and III.
I. LDR REQUIREMENTS
a, LDR Section 4.5.1 (E)(4) and 4.5.1 (E)(8)(a-k), "Development Standards"
provides guidelines in evaluating Certificates of Appropriateness for the alteration or
addition of exterior architectural features. The guidelines are as follows:
(E)(4) A historic site, or building, structure, site improvement, or appurtenance
within a historic district shall be altered, restored, preserved, repaired,
relocated, demolished, or otherwise change din accordance with the
Secretary of Interior's Standards for Rehabilitation, as amended from time
to time.
(E)(8) All improvements to buildings, structures, and appurtenances shall be
visually compatible. Visual compatibility shall be determined in terms of
height, front fa9ade proportion, proportion of openings (windows and
doors), rhythm of solids to voids on front facades, rhythm of buildings on
streets, rhythm of entrance and/or porch projections, relations of
materials, texture and color, roof shapes, walls of continuity, scale of
building, directional expression of front elevation.
(a) Heiaht: The height of proposed buildings or modifications shall be
visually compatible in comparison or relation to the height of
existing structures and buildings.
Is this met?
Yes No
(b) Front Facade Proportion: The front fa9ade 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.
Is this met?
Yes No
(c) Proportion of Openinas (windows and Doors): The openings of
any building 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.
Is this met?
Yes No
(d) Rhythm of Solids to Voids: Front Facades: The relationship of
solids to voids in the front fa9ade of a building or structure will be
visually compatible with the front facades of historic buildings or
structures within the district.
Is this met?
Yes No
2
(e) Rhythm of Buildinas on Streets: The relationship 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.
Is this met?
Yes
No
(f) Rhythm of Entrance and/or Porch Proiections: The relationship
of entrances and porch projections to the sidewalks of a building
shall be visually compatible with the prevalent architectural styles of
entrances and porch projections on historic sites, buildings and
structures within a historic district.
Is this met?
Yes
No
(g) Relationship of Materials. Texture. and Color: The relationship
of materials, texture, and color of the fayade of a building shall be
visually compatible with the predominant materials used in the
historic sites, buildings, and structures within a historic district.
Is this met?
Yes No
(h) 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.
Is this met?
Yes No
(i) 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 enclosure along a
street to insure visual compatibility of the building to historic
buildings, structures, or sites to which it is visually related.
3
Is this met?
Yes
No
0) Scale of a Buildina: 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 the
building mass of historic sites, buildings, and structures within a
historic district.
Is this met?
Yes
No
(k) Directional Expression of Front Elevation: A building shall be
visually compatible with the buildings, structures, and sites in its
directional character, whether vertical, horizontal, or nondirectional.
Is this met?
Yes
No
Have the overall objectives of the LDRs been met?
Yes No
II. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES:
a. The Delray Beach Historic Preservation Design Guidelines
recommends the following with respect to additional height and new construction/infill:
· For buildings where additional height is allowed, stepping back the
upper stories may help to minimize the difference as viewed from
the street.
· All infill must be compatible with the surrounding buildings and yet
must be differentiated from the historic building stock.
· The height of any new building should be similar to those of other
buildings along the streetscape.
· The new construction should be compatible with the width of the
surrounding buildings.
· The relationship of new construction adjacent to significant historic
resources can either enhance or detract from the historic setting of
the district.
· The character of the massing should be compatible with the
surrounding buildings.
4
Have the overall objections of the Delray Beach Historic Preservation
Design Guidelines been met?
Yes No
III. THE SECRETARY OF THE INTERIOR STANDARDS FOR REHABILITATION:
a, The Secretary of the Interior Standards for Rehabilitation
recommend:
· New additional, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old and shall be
compatible with the massing, size, scale, and architectural features
to protect the historic integrity of the property and its environment.
· New additions and adjacent or related new construction shall be
undertaken in such a manner that if removed in the future, the
essential form and integrity of the historic property and its
environment would be unimpaired,
Have the Secretary of Interior Standards been met?
Yes No
3, The City Commission applied the LDR requirements in existence at the
time the original site plan was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5
5, Based on the entire record before it, the City Commission approves _ denies
_ the certificate of appropriateness appeal thereby upholding the decision of the
Historic Preservation Board and hereby adopts this Order this 4th day of April, 2006, by
a vote of
in favor and
opposed,
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
6
March 6, 2006
Ms. Chevelle Nubin
City Clerk
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, Florida
cc: Susan Ruby, City Attorney
Paul Dorling, Planning & Zoning Director
re: Appeal for COA 2006-066 .
Subject Property 711 North Swinton Avenue, Delray Beach, Florida
Dear Ms. Nubin:
The Historic Preservation Board approved a Certificate of Appropriateness (COA 2006-066) on
March 1, 2006 for the property located at 711 North Swinton Avenue, Del-Ida Park Historic District for
a partial demolition and major additions and alterations. The project consists of a 4,275 square foot
home including an attached two-car garage. The height elevation will be twenty-six and a half feet
(26'6") to the roof peak and the front elevation width will be sixty feet (60'). I am filing for an appeal
on that decision based on this projects non-compliance with, and the Historic Preservation Board's
disregard for, the Land Development Regulations, the Historic Preservation Design Guidelines, and
the Secretary of Interior's Standards for Rehabilitation. My property, located at 701 North Swinton
Avenue, is directly south of the subject property and will be severely impacted, as will the surrounding
neighborhood. A project of this magnitude jeopardizes the integrity of the Del-Ida Park Historic
District, will alter it's character, and change the streetscape of Historic Swinton Avenue forever.
The Historic Preservation Board's decision to approve this project should be reviewed and the
decision reversed allowing the owner of the subject property to resubmit an application with an
appropriate design that is compatible is size, mass and scale with respect to the Del-Ida Park Historic
District and be in compliance with the Land Development Regulations, Historic Preservation Design
Guidelines, and the Secretary of the Interior's Standards for Rehabilitation.
Please advise me as to when I will be expected to present my case to the City Commission for
review.
RespeCtfull
/
, /.:- /
\ C/ ,tyY'/
-, {---~
/
. \
Livia M. La ry
701 North Swinton Avenue
Delray Beach, Florida
-if,
March 8, 2006
Ms. Chevelle Nubin
City Clerk
City of Delray Beach
100 NW 1st Avenue
. Delray Beach, Florida
cc: Ms. Susan Ruby, City Attorney
Mr. Paul Dorling, Planning & Zoning Director
re: Appeal for COA: 2006-066
Subject property: 711 North Swinton Avenue
Dear Ms, Nubin:
I have been granted an appeal date of March 21, 2006 to appear before the City Commission and
present my case regarding the above mentioned COA. I will be out of town for personal reasons
from March 17,2006 to March 24, 2006 and ask that I may be granted a new date of April 4, 2006 to
appear, which would be the next City Commisssion meeting following that of March 21,2006, I hope
that you will consider my request as it is important to me that I be present in order to present my case
effectively.
Respectfully,
I , . .
i.__LA' .', \...._
, ...
,''''- {, It'l t<.. .
(- -
Uvia M. Landry '-
701 North Swinton Avenue
Delray Beach. Florida
March 14, 2006
Ms. Chevelle Nubin
City Clerk
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida
cc: Ms. Susan Ruby, City Attorney
Mr. Paul Dorling, Planning & Zoning Director
re: Appeal for COA 2006-066
Subject Property 711 North Swinton Avenue, Delray Beach, Florida
Dear Ms. Nubin:
The Historic Preservation Board approved a Certificate of Appropriateness (COA 2006-066) on
March 1, 2006 for the property located at 711 North Swinton Avenue, Del-Ida Park Historic District for
a partial demolition and major additions and alterations. The project consists of a 4,275 square foot
home including an attached two-car garage. The height elevation will be twenty-six and a half feet
(26'6") to the roof peak and the front elevation width will be sixty feet (60'). My reason for filing an
appeal is that the Historic Preservation Board did not comply with the Land Development
Regulations and the Historic Preservation Design Guidelines, A project of this size and mass will
have a direct negative effect on the Del-Ida Park Historic District.
I would like to see the Historic Preservation Board's decision reversed and that the owner of the
subject property be allowed to resubmit appropriate designs that comply with the Land Development
Regulations and Historic Preservation Design Guidelines.
~:
Robert J. Mannweiler
109 NE 7th Street
Delray Beach
RECEIVED
MAR 1 4 2006
PLANNING & ZONING
DURAY BEACH
Il'_-""~~
;ljjP
HISTORIC PRESERVATION BOARD
MEMORADUM STAFF REPORT
OURAY BLA(H
~
;Ijjr
Il)'l; l'-yn
.!lJlJ; 11)01
Agent: Harold Tuttle
Property Owner: David Rosenbom
Property Address: 711 North Swinton Avenue, Del-Ida Park Historic District
HPB Meeting Date: January 18, 2006
COA: 2006-066
ITEM BEFORE THE BOARD
The item before the Board is the consideration of a Certificate of Appropriateness for a partial
demolition and major additions and alterations to the property at 711 North Swinton Avenue,
pursuant to LDR Section 2.4.6(H).
BACKGROUND
The subject property consists of Del-Ida Park South 35 Feet of Lot 2 & North 45 Feet of Lot 3,
Block 1 and contains a one-story single family dwelling. Located on the east side of North
Swinton Avenue, the property is zoned R-1-AA (Single Family Residential).
A Master Site File form which would contain historical information on the dwelling is not
available for this property. According to the 1963 Sanborn Insurance Map, it appears that the
property had still not been developed and the Palm Beach County Property Appraisers Public
Access System lists the structure as being built in 1962. Taking into account either date, the
property would not be considered a contributing property in the Del-Ida Park Historic District
built inventory.
Although a file pertaining to HPB could not be located, it appears a permit was issued to replace
the roof in 2004.
The applicant is now before the Board for the partial demolition of the dwelling and major
additions and alterations.
PROJECT DESCRIPTION
The applicant proposes the following modifications to the one-story dwelling:
~ Partial demolition of the existing 1,300 square foot structure;
.> Construction of a 3,400 square foot, two-story addition on the front, side, and rear, and;
~ Exterior color changes.
The existing structure contains approximately 1,300 square feet plus a carport of approximately
185 square feet. The carport is currently located to the north side of the west elevation. With
the partial demolition, approximately 1,000 square feet would remain of the structure; however,
it would be completely altered on the exterior. Within the required setbacks of the lot, the
structure sits thirty feet (30') from the front property line, and ten feet (10') from the two side
interior and rear lines.
The proposed major additions and alterations to the property would bring the total floor area to
approximately 4,400 square feet. From review of the exterior elevations, the structure will
appear to be a completely different and new structure of the Vernacular style, with Hardi-plank
used as the exterior surface treatment. The height of the building would increase to twenty-nine
feet (29') to the peak of the roof, and the width on the front elevation would increase from forty-
seven feet (47') to sixty feet (60'). A two-car garage to the south of the west elevation would
remain the only one-story element on the proposed structure.
Aside from the garage doors on the west falfade which faces North Swinton Avenue, the main
falfade also contains a two-story porch, entry door with side lights and a transom window, 6/6
single hung windows on the first-story and two-sets of French doors on the second story. A
front facing gable containing a circular vent tops off the elevation.
The side elevation to the north is a long, continuous, two-story wall measuring eighty-feet (80')
in length plus the depth of the front porch which adds five feet (5') to the total. A metal chimney
is located towards the front area of the elevation. The roofline begins with the side of the front
gable, then lowers down about two and a half feet (2'6") to a height of twenty-six and a half feet
(26'6"). The windows have variety in that there are 4/4s of two different sizes and 6/6s. The
majority of these windows contain louvered shutters. The elevation is broken up by a forward
facing gable towards the rear located above a recessed second-story porch containing two
single French doors. The corner board on the porch continues down to the first story further
breaking up the appearance of a long wall span, while still remaining flush. The gable end,
which contains a circular vent, is flanked by two gabled dormers attempting to break up the
extensive roofline.
The Rear (east) is broken-up by the one-story element to the south and the varying ridgelines in
the two-story element. The rear-ell gable end also contains a circular vent similar to the one
found on the front elevation. While three different sizes of windows are proposed, all windows
appear to be 6/6 single hung. One (1) set of French doors is located on the first story, and the
wrap-around porch from the front continues onto this elevation. Additionally, a two-story bay
element juts out from the rear-ell.
Lastly, the side elevation to the south contains all the main elements of the proposed residence:
the two-story bay feature, the wrap-around porches, the one-story garage, and front section of
the structure with the rear-ell. Additionally, there are a total of ten (10) sets of French doors and
three gable end dormers on the roofline of the rear-ell.
Ficus hedges at a height of six feet (6') will be retained along the front property line along with a
new, four foot (4'), white picket fence. An additional hedge will be planted along the northern
property line to be maintained at a height of ten feet (10'). A kidney shaped swimming pool is
proposed for the rear courtyard area. No hardscaping materials have been noted on the plans.
The proposed new color scheme is a cream color for the body with a deeper golden color for the
trim. All doors and windows would be white, and the paneled garage doors would appear to be
a brown, wood color.
II
DEMOLITION FINDINGS
Pursuant to LOR Section 4.5.1 (F)(1), The HPB shall consider the following guidelines in
evaluating applications for a COA for demolition of historic buildings;
(a) Whether the structure is of such interest or quality that it would reasonably fulfill the
criteria for designation for listing in the National Register.
(b) Whether the structure is of such design, craftsmanship, or material that it could be
reproduced only with great difficulty 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.
(d) Whether 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 importance and value of a particular culture and
heritage.
(e) Whether there are definite plans for immediate reuse of the property if the proposed
demolition is carried out, and what effect those plans will have on the character of the
surrounding area.
The existing structure was constructed in 1962 or later and is therefore not considered a
contributing property in the Del-Ida Park Historic District built inventory and would not be eligible
for another eight years or so. However, when reviewing structures that are currently classified
as non-contributing, it should be kept in mind that one day they will be eligible and still
considered a type of construction and design that is not found in today's architecture.
Based upon the above review criteria, positive findings can made with respect to the partial
demolition as proposed.
PROJECT ANALYSIS
II
LOR Section 4.5.1 (E)(4) and 4.5.1 (E)(8)(a-k), "Development Standards" provides
guidelines in evaluating Certificates of Appropriateness for the alteration or addition of
exterior architectural features. The guidelines are as follows:
(E)(4) A historic site, or building, structure, site improvement, or appurtenance within a
historic district shall be altered, restored, preserved, repaired, relocated,
demolished, or otherwise changed in accordance with the Secretary of Interior's
Standards for Rehabilitation, as amended from time to time.
(E)(8) All improvements to buildings, structures, and appurtenances shall be visually
compatible. Visual compatibility shall be determined in terms of height, front
fa~ade proportion, proportion of openings (windows and doors), rhythm of solids
to voids on front facades, rhythm of buildings on streets, rhythm of entrance
and/or porch projections, relationship of materials, texture and color, roof shapes,
walls of continuity, scale of building, directional expression of front elevation.
The following criterion has not been met:
(a) HeiQht: The height of proposed buildings or modifications shall be visually
compatible in comparison or relation to the height of existing structures and
buildings. The height of the building is within the height requirement. However, it lends
to a very large and massive appearance. The second story should be setback from a
one-story element, at least on the front fa<;ade to provide relief from towering over and
overwhelming North Swinton Avenue. The surrounding two-story buildings are limited in
number, as one-story mission style structures dominate the Del-Park Historic District.
(b) Front Facade Proportion: The front fa~ade 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. The front elevation is not in proportion with the other adjacent
buildings in the Del-Ida Park Historic District. It is out of scale, too massive, and
overwhelming. Additionally, the open porch which wraps around to the side and rear
elevations gives an awkward appearance. The one-story garage looks like it was added
onto the main mass, as it should appear.
(d) Rhythm of Solids to Voids: Front Facades: The relationship of solids to voids in
the front fa~ade of a building or structure will be visually compatible with the
relationship between historic sites, buildings, or structures within a historic
district. The void of the wrap-around porch, as mentioned above, gives an awkward
and unbalanced appearance. The entry, which consists of a single French door,
sidelights and a transom light, contains too much glass. The door should be modified to
a door with an overall solid appearance leaving the glass elements to the accents.
(j) Scale of a BuildinQ: 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 building mass of historic sites, buildings,
and structures within a historic district. The proposed building is too massive when
taking into consideration its surroundings in the Del-Ida Park Historic District. The front
elevation should be modified to lessen its massive impact on North Swinton Avenue, and
the rear-ell should be broken up to mitigate its impact on the surrounding properties
within the district, that are of a much lesser scale.
Delray Beach Historic Preservation Design Guidelines
aFor buildings where a(tditional height is allowed, stepping back the upper stories may
help to minimize the difference as viewed from the street.
aAII infill must be compatible with the surrounding buildings and yet must be
differentiated from the historic building stock.
aThe height of any new building should be similar to those of other buildings along the
streetscape.
a The new construction should be compatible with the width of the surrounding
buildings.
a The relationship of new construction adjacent to significant historic resources can
either enhance or detract from the historic setting of the district.
a The character of the massing should be compatible with the surrounding buildings.
aRoof forms and pitch should be compatible with the surrounding buildings.
The above noted guidelines have been pointed out because their intent has not been met or
taken into consideration.
The Secretary of the Interior Standards for Rehabilitation recommend that:
aNew additions, exterior alterations, or related new construction shall not destroy
historic materials that characterize the property. The new work shall be differentiated
from the old and shall be compatible with the massing, size, scale, and architectural
features to protect the historic integrity of the property and its environment.
(Standard # 9)
aNew additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired. (Standard # 10)
The intent of Standards 9 and 10 have not been met and are essential in creating a compatible
environment in the historic districts.
ASSESSMENT AND CONCLUSION
The proposed additions and alterations to the existing one-story, Ranch style home appear to
be too massive and out of scale for the location. The overall design should be modified to
mitigate the impact in terms of scale and massing on North Swinton Avenue, the surrounding
properties and the Del-Ida Park Historic District as a whole. Additionally, while the third story
dormers attempt to break up the large roof area of the rear-ell, they lend to the massing and
give a larger appearance on both the north and south elevations.
The west (front) elevation appears awkward with the offset second story wrap around porch.
The front entry should be modified to contain a solid door leaving the glass elements to the side
lights and transom windows. A French door is inappropriate for use as a main entry door,
particularly when adding sidelights and a transom. This would be more appropriate for a side or
rear door.
The south elevation should be modified not only by the major design revisions requested, but by
also greatly reducing the number of French doors that are proposed. There are presently ten
(10) sets proposed.
The prominent appearance of a two-car garage is inappropriate for the Del-Ida Park Historic
District, particularly on the main elevation and flush with the front wall plane. Garages should
be set-back from the front wall plane of the residence, if not detached and set to the rear of the
property, which would be a more appropriate location. However, it is a one-story element
attached to a two-story structure and is the only portion that will be retained from the existing
structure; therefore its location is already set. Additionally, the applicant intends to use the
existing curb-cut which is offset from the garage; its location places more focus and emphasis
on the front entry. Though not a permanent solution, an existing a six foot (6') high ficus hedge
will remain, providing screening from North Swinton Avenue.
Based upon the above analysis, there is a failure to make positive findings with respect to the
noted LDRs. Consideration should be given to placing the second-story mass to the rear of the
one-story, which would mitigate the impact of the large scale and mass in the Del-Ida Park
Historic District. With this type of configuration, a sizable backyard could still be retained and a
swimming pool could be installed. Additionally, the garage could be relocated to the other side
of the structure, and could then be set-back from the front elevation to avoid placing the garage
in such a prominent location.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Approve the Certificate if Appropriateness for 711 North Swinton Avenue, Del-Ida Park
Historic District, based on positive findings with respect to the LDR Sections 4.5.1(E)(4),
4.5.1(E)(8)(a-k), and 4.5.1(F)(1), the Delray Beach Design Guidelines, and the Secretary of
the Interior's Standards for Rehabilitation subject to conditions.
C. Deny the Certificate of Appropriateness for 711 North Swinton Avenue, Del-Ida Park
Historic District, based upon a failure to make positive findings with respect to LDR
Sections 4.5.1 (E)(4), 4.5.1 (E)(8)(a-k), and 4.5.1 (F)(1), the Delray Beach Design Guidelines,
and the Secretary of the Interior's Standards for Rehabilitation.
II
RECOMMENDATION
By Separate Motions:
Demolition
Approve the request for partial demolition of the existing one-story residence located at 711
North Swinton Avenue, Del-Ida Park Historic District based upon positive findings with
respect to LDR Section 4.5.1 (F).
Certificate of Appropriateness
Continue the Certificate of Appropriateness for 711 North Swinton Avenue, Del-Ida Park
Historic District with direction, based upon findings with respect to the LDR Sections
4.5.1 (E)(4) and 4.5.1 (E)(8)(a-k), the Delray Beach Design Guidelines, and the Secretary of the
Interior's Standards for Rehabilitation with the following suggestions:
1) That the overall design is modified to retain a more prominent one-story element along
the front elevation, leaving the second-story to the rear of the structure;
2) That the overall design is modified to keep the scale and massing to a minimum;
3) That the design is modified to relocate the garage in order to step it back from the front
fa<;ade or place it further back on the property as its own structure.
4) That the third-story dormers are removed;
3) That the French doors on the south elevation are reduced from ten to no more than six;
4) That the rear-ell be broken up in wall plane and roofline;
5) That the wrap around porch is modified on the west (front) elevation to avoid an
unbalanced and awkward appearance;
6) That the single French door on the front entry is replaced with a predominantly solid
door, and;
7) That a typical window and door schedule providing window specifications,
manufacturers cut sheets including window profile, be submitted.
Report Prepared by: Amy E. Alvarez, Historic Preservation Planner
Attachments: Existing Site Plan, Proposed Site Plan Elevations & Floor Plans, Existing Photographs
i
!
N.E.
I ! II I
II Ii I
.....1.- '-1 --!..--- !!! II
I N.E.
N-W. 9TH $T I I ii' 'II ; ,
- - I i.,,: : I : l"l.t'+I'!
-----, II Iii! 1)['-
~ "'_'__, ___.. ~ N.W. " E ~ BUSH
N --- -...---. I ~l~ I T Fi - "',,7y0~ : ~
-- -- ;.. z 1'+ - ~J~,>yX
! ~ , I J,</ ,""X."
tIJ. ffi --....L- f<( tH:o 7m ST. ,,'" "-'" ," .f!" \. ---
\ : I i I '",- "-.' ,,', <7 ,,-/-
~!- :;;-- . I I f--~" ~ _.'X, ", <Q(j}v :---. ~=~=-
I - I J ==rl <( i"" ==
N.W. 6TH ST. NE 6TH ST ", -',-- \<: -- zR~ lZ
UJIL I 1- ~.l "''''~ ~ ~ ~~ == -f' 7~ i
....1.. . ~ ", 'vI' "-, '",>^-, ';. . 'A"(-:'-' ~ - I-
J \ 1-' . 'l'-' "- ';. X'",- ", ''-./. / ""-, ,<<-0 -----J is --- _.. ~
---.".........-~ ':l: z I " "" '" x. , 'j,. -~-=I._.- (f) z
." z "" , "-. X" V"" ... N.E. .T-1 ERR. If..... = N.C:. 6TH ST
. . ;' """'-""".',,' " L.. I"" I /- -
~.=orr r ~ *" ,,,"~~= 1./ '=, !~ ~ .
j : " " " " "", j 1--....'] __ ..._/ ---
t- ~~:'> :~~,~~)'f::.~ I~._N.E. ~THi, CT'__I _~y~'~-' I~==-~ ----
, ", )':: '-., "" " ". . !' ...- I~ 1..-. _._.
( v "',,- ~~~ I. . I...........}.. -- 11-...- ~ ,..-.-- ~ ___-==
TRINITY N.E.. 5TH ST. -..___ il- >-= >-= ___....
UJTHERAN ~ f I 11 1 " II ~ f-......., I lJ i I 1---] -i J---- ~ I . :r. ~::::.-=
LAKE IDA ROAD ~ i i i I I ~~~rtl tt~ -; ~~ , ~~ ~I-- ~I~ -
N.f. Tff
...~--,
--. POST ,---
......-- dO. ~ OFFICE ~.- ...-
<( ------ <:
IJW
........11
5r
N~E.
11TH
l
I
I ................;
1111, . : I
~
;........-
;--
..--
~
........,
f-- -..--.
1----
~I--- ----
<
I I I I
! Ii I >--
Iii i ,...-.
! ! i !
~, l--,
, :-
CASON
METHODIST
CHURCH
--
--
--
.--
~--- ~---- t;;
~
~f-
C'l
--""
~
.a
~
~
~ -
.._' < .-- I-
:;;-1-
--
.. ....
f--
w"
zl-----
3€ __ 1--_
z
1---- '_
_'__... .w
z
N
~
11TH
I ST. J '/;V r
e-..i-U- rrl t==~ ~j
! I . I "<( X
t ~ ~
~ l . lU
T X
"TT I I J Ci
I: r"- j
o /qj
l~ 5Y e~= ...-
SL ~.~ ~
:=/ /--.....
==# L1J [---- --
BOULEVARD
II C.
J,..I..J.Ll
; I' ] 1.
i I i 1
j I 1
10TH
j III
II I I
I !
9TH
! II I
i ! I
i ,I
j i I
~ I
~
--r
---
, f----
'~-
<: '----
,.-..- ..
+ -1
.1.....\
!
f--.-
, .
j 1
, I I i
ST.
--
-....
w_
<
-
"',,' -
.. , fL...... =~H ~
ILJ~_.._
___:r .."
-- I--
...J -- f--.-.. ..J
tt:-== ~~. = ~ ~r-=I
I' =~==.=~==
>=
---;:::
:r:
--~.
.... ':::::-==f
===-
1===
~~J
--.-......... 1.-.
--- I--
I--
~
'1--
-.... ;it.-
DEL-IDA PARK HISTORIC DISTRICT
OTY (E .OElR...)' eEACI-i. fl
PlANNING IlL ZONING DEPARTMENT
-- ()IGIrAl. SASf: <IW' SY'Sll'J,f -..
DRA'IIN BY; Ji'll
~
b
~
...!j fr I-
v/)
3; ~
S\ <:::J \u
L
---
'><.,
~
~
'-'")
~
~
~
~
o
\./)
f.
I 711 NORIlISWlNIVNAYENUE
- <to
... i
~ . r '/1''' ~ ;
rOUNr] ,.t.- J. R. ~
(UNNU:--1':?E'RwJ ~l
( . G Fe:,',' i /' r-:DUl0? Yb q I. R,
, I /~ ( iJN;.JU"-15E f<e.o)
! (plAT &MEAS.) I i ;--- t.rJc;:.-;o(Z.
1.--- l 49.63' -=-..! I 8a.OO'
./ .
h I 15' .L t 45'
I ~? I
~cP'
f , I ~".
N'
Lf'\
<<\
/0./' t
~!
~
~
-
~
.~-
}-.
'.,-1
-<l.
.T
n....
If)
..q:
'" ?7.+'
COV2R~D
! .
i
i
! ...
LOT4 i ~
BLOCK] i ~
I ~ ""oj
I '.~
o~JE:R!-lE/~D~
"N't"'!;: {TY""~ I
1\._" ! 1,/
, ::}!
n' -
";;-otJ." '" '7/q..",.! r7 /:1
i .'J./ /0 /);'<..' -......-r
:~ L)J".!.:',) .~.^./~.~ ~ {Z.:::.:]
N
LOT5
BLOCK 1
. \35'
-\ ,4
. \ "..... .
: ~ ~)-~;
.\
/
- 1
j4.S.
o
;:;'Of.U 'J.r-I .}.~ :': y
/Z ' I ,/ c:. /.,' /
,/ .. - --
E U i E.\, IU'V' .~.~ r?':-!,
'- .;'10; Il. ;' -/ ...-': "'_",
I
-:
J
0. z/ 25'
I
I
I
I
I
I
I
!
i
I
I
I
I
I
r
I
i
1
I
i
I
I
i
I
i
I
I
j
..~
i
i
!
LO
Bli)(
!
-!-.....
!
).. - 1 I - :.;,.. -"'. r'7
. /' rOCl,.; ,/ /6 ," .,_
'-----...."-,' .c~?1 .],:5.:::. ....:-....
...,.. ~ -"./ .-'
lUJ'12
BLOCK 1
"'i'liiiil"'lJfltf ill'fli"llj'11Iiiir--
I II f ~ I I
~ " ~~~ ~ ~J~ - ~~I~~j~~ . ~~~~;~~ Q
i III ill 1'111111 fllfll'
!
~I~~~i~ 0 ~~~~~ . ~~~~~l~~~~~~l < ~~~i~ -
tIWU ntH' ''''''iUHUniIH ~lHJ
pi f i ",I J I 0 "
} i J< 4 f tv.
~1&JJfijj'J'i' " ~ 0 ~i~~ ~~~~i~i?~~ '
fnfHlffH,f I 11ml1iilWif
fl. I tIllf I r
~~~~~~-;,~~~j , i~~~a~'~~~.~~~EPJ~='~;lfi~. .
1~1!J~r{(f!(1 lIIIlflllff}'IJt,rfllll'tl
.1 11 .~, U' 'f If 1 ff
f i If f
l~ft~~~~J~C' ~ I~ ' ~~l .
11(I(fIII"1 (I iil
; i r I
I
+~
! II ~IU i I !
i ~
e
I II ~ IDl ~ G 0 (}j I ~ I
Hi ~ ! I Ii! ~ ~
"
U~B ~
!il
~~~~~ I
HQ;'~ ~
""" ~ ~
~~
z
111 ~ II 01 ~ ~
j in i 1m n u
I U I I ni
rG-----------{~-
.
. I
-~ .. : -:
~~ ffi
~:j ~
7Q~ ~
r. is
z :I:
8 ~
~ ~
~ g
--~ -Il,;, -- ~--=---~--jr--!
~ .
i ---1
I
I
I
I
I
- I t - - - - - +.---,
U I l~ I
. ~ .
. ~ .
t= ___.._ _____-L______~:~_ __ ____ !__. _____._ __ ____..L...J
.
gl
Q
~~~
@i~
~~
~~
":I:
;8
gm
~
z
o
711
-I
:r:
m
~
z
6
z
>
-<:
rn
z
c
rn
QZ
"'~
niR
h
-<f'
"
>
~
Ih
f'l'l
>~~
j;lmC!
r;!...
~~'~!i
Q I:l!
l!! e~
~~li~
~!~;
~~!
~~~
;.~~
~~
z
~
~
g
"
~
>
.
t
8
'l:
g
b
Q
~6
!!!g
~'"
j;l~
~ f t r t f ii i i I
ADDmON TO R05ENOOM RESIDENCE IWOlOnmu . .
c ?: tI
i 9 ! ~ l I 711 NORTH 5WINiON AVENUE Nt""""""'"
I DElRA Y BEACH.. FlORIDA ...--
~1'ClEllQLftaIDl\.......
~ -- . ac. IT .C7 81
Q
~
;<
~
. ~ ~
I
~ (1) ~
[J [i] 0000
[d~
o I
u
~I
1m
\fi
-I
."
r
) 8
7Q
I r "\l
r-
>
Z
i
]
r
I
"'<r
---- I
I
v"tAa
I
I
I
I
I
I
I
I
J_
130M RESIDENCE
o ROSEN E
ADDITION li mON AVENIJ
7t1 NORl'H ~CH FLORIDA
DEI RAY
'-:"'...= +-1
-... '- .
.=............... .1_t: aJ,. EeJ!!
...... -
m
I ~ IOEj l ~
~
B l
~
~
UI
m
(")
o
Z
Q
-n
r-
o
o
]II
""\I
~
Z
I
· I~I Illf
I >
12 !~il
I
ADDmON TO ROSENBOM RESIDENCE
711 NORm SWINTON AVENUE
DEI RAY BEACH FlORIDA
...-0""'"
... .........
--
...,.__A-.'lIMW-
-
. .
\1_
...e.I....CTI
. taQIJ.......1Uml:
~~i5~ l~
lJ!Q
i~~ ~~
~j!j I~
I~I ~~
I; ~ ~ ~
Ii'i ~
l- ~ 1- t
~I~ ~ ~ II ~
J 5 ~ ~
~ iii
0 f .
~
~
l-
Q
~
I
i
~
~
~
~
~
~
~
~
~
~
~
t
~
~
8
~
en
-{
m
r
m
5
:j
o
z
l
_1~lal_1 ~I ~I_I_I
(Jl
o
c
~
111
r
111
5
:::i
o
z
!
EEI333
EEI333
EEI333
EEI333
.2DI>>HMIOl.:P1Uf1U:
~
m
r-
~
:j
o
z
I
;
~
~
I
i
~
~
K
6
.... - I ~ 1_
1_1_1_'_1_' I
I I
I~i~ ;~
~I~ ji
I~~ . - 2~
I~~ Ii
~II ;
~
;
~
I
~
z
o
~
m
.
~
:::i
o
z
l
12500'
~
z
o
7\l
-\
:r:
U'I
~
z
d
z
~
m
z
c
m
~
"'
C. _u _u - ~~ -- -. - - -- - u____ -,- --- - - -.. - ---..-.. ~. J
i "'.....,. I m I i
I I ! I I
i I i I"~i
'"
~ I
l*
I
I
I
.-- I -~------+I
L u _ __ _ __ _ u1.. _ _ _ u _ ~~ _ _ _ _ _ _ _ i- _ _ _ _ _ _ _ _ _ _ _ _ u _ _ _ L u j
~~
-.~
8~
6~
mE
"'~
~~
lii~
:):0
m
o
Cl!:1
I::~
Hi
z'"
e
~
'"
<ll
o
'1!
C'>
'"
'"
I::
II!
o
..
@
~
<>
q
.. D:l5W<<lPNnU
~ I " I I r r i f I tl_
so ADDI1lON 10 IW5ENBOM RE.~IDENCE .........ntn1L
lTl ! ~ ~ 711 NORlH SWINTON AVENUE M.~
16 g I ---
DElRA Y 8EACH. FLORIDA ~TIllEAOC,A.l:Ia>>o"'"
~ - ....C.IT.c:-TU
('
f
\o,"'o;~;- ~:~
7~' ~~(Jit: "'if'
4:;(~:'
'r~n'lrr'.rfi"Y,','.'j'
j..:;?"~,,
.....;,.. .",', .... .c "M~~"
{"'~~r .
..,'-:';\-f(,.~~Li
~.....
-1.i'S'tW~~~~~I~"'.:"t~~t~;f>~""~~W":~'~\"->::!:"~'{}.'~~':~J;~"-\'~~".'f,'~~:~_--0~~>};!".~:~~-4-'
.:;,,_~,__ "~~_,i:';"-~-:;:::~r'_:-~;:i":~""",';;:"t':'~:,,*,;:6'''k"'.l'&1:'.;;:O:,''-:':'7.'''~_'t'~:~,'~:,"j:,""i~,"'Y'i-
- . .
1",' /. . ':{ .
:..,~'::<f ~ - _~ - ~ -~-~ ~--:~-t~ ~
_'. ~ " ' ".:'.] ; f. '.,~:.c ,',.
, .
,;;#iJr;--'-,.
. '" .,' ::'1~"a -... . .' \
~
.~.~.. '.
~~k" "Jl\ .".~~\ .'. .
'q
Straight Shadowbox1}
Choice of Red Cedar or Trea~ed Pine
~
- to- f- - - - - - - ~
. . . . . . . . . . . . . . . . . . .'
I-- ~ f- - - - - - - ~
- ~
H )0' 'erF me C(
-.... - . f- f- - - . - - - - 72"
.:...: . . . . . . . . . . . . . . . . .
- - l- f- f- - - - - -
.........
':"""'- - I- '-- - - - - - -
..:.- . . . . . . .. .. . . . ,. .. ,. . .
- I- - - - - - - -
\:
...... - '\. 1-2" space
. f FRONT VIE,\\'
[ . \
i l 36" 4" max. spac
I . 1
"-
..~
-
8' max. post spacing
)1
4x4
lx6
2x4
2-3" di1t backfill
e
--.1 10"1- 4x4
-I .1- 2 to 4" space . !
-2;-n~' ~ ~ ~ rr-T1 ~ ~ rr-T1 ~2X4
Ll-.JJ1J..-LILl-.JJ1J..-LI1J..-LI1J..-LI1J..-LILl-.JJ
Front..J TOP VIEW 1!6
Aluminum nails for
ceda Gal . d
nails
pinl.'
4
r, valllZl.' -
for Treated 6 '?"
.,
. - i-- I- - - - - - - 1-
. . - . . - . . . - . . .
r- - l- I- - - - - -
Ho M Fe ICe Co.
x4- ~ r-4
~
'- . - . l- . I- -- . - . - . - . - .
x4 . . . . . . . . . .
r- - l- I- f- - - - -
,
.
'- . - . . l- . l- . f- . . l- . . ~ . . ~ . . - .
T - l- I- f- f- f- f- ~
\v \ 1
, I
!
x4
2
RE.AR VIE,\\' 1 x 6
Not To Scale
Number of boards vrill VafT.j depending on space
between boards and actual width of boards
CopqriQht tS97 HoovE'r Fencl.' Co. All ri,~hts rl.'S'i'rved
IIllp:11 www.oelgaru.D1zIDlg.mm!pam=lmageslpnorosl 01 glUldCastl e063...
u
"'
-
Ii
.
"
..
<.1
..
..
--=
-I-' :
it ~ II
I 9..U,
I ~~ q
I ~
. i I
I z I
0 I
I m
~ I
I E-4
I ~
~ ~
Q I
Q I
<
l? i 1;
i ~
. ~ \I
I ;,..
~
I u ~
I
I Z
I ~ ~
i
Q I
I ~
I 7JJ
z ~ ~
0 ~
~
UJ ~
-1
UJ
I- 0
U)
~ ~
Z
~
7JJ -
-
::J
0 ro
I D
'0
~ <.9
<( UJ
roD
. C
.q '"
0:;0
0 '"
MO
~
~
I E
'"
~ '"
~ I 0
2
I ;'l
UJ
! ~ w
I ~ u ~
~ 00 ::J
..j-:g
o C
~ Ii 0",
i!! M...J
t'J
g G~
f.".
~ ~,
r,
l'o; ~
~
~
9t,u~!'<r: '~Ap~
~..~--~
;Iiir
Ilj'r\ 19':n
~UOl 2001
HISTORIC PRESERVATION BOA
MEMORADUM STAFF REPORT
OURAY lEACH
~
;ijji!
Agent: Harold Tuttle
Property Owner: David Rosenbom
Property Address: 711 North Swinton Avenue, Del-Ida Park Historic District
HPB Meeting Date: March 1, 2006
COA: 2006-066
The item before the Board is the consideration of a Certificate of Appropriateness for a partial
demolition and major additions and alterations to the property at 711 North Swinton Avenue,
Del-Ida Park Historic District, pursuant to LOR Section 2.4.6(H).
The subject property consists of Del-Ida Park, South 35 Feet of Lot 2 & North 45 Feet of Lot 3,
Block 1 and contains a one-story single family dwelling. Located on the east side of North
Swinton Avenue, the property is zoned R-1-AA (Single Family Residential).
A Master Site File form which would contain historical information on the dwelling is not
available for this property. According to the 1963 Sanborn Insurance Map, it appears that the
property had still not been developed and the Palm Beach County Property Appraisers Public
Access System lists the structure as being built in 1962. Taking into account either date, the
property would not be considered a contributing property in the Del-Ida Park Historic District
built inventory as it is not at least 50 years old..
Although a file pertaining to previous HPB applications could not be located, it appears a permit
was issued to replace the roof in 2004. Additionally, at the January 18, 2006 meeting, the
Board reviewed this same application and, regarding the additions and alterations portion of the
application, continued it with direction with the following suggestions:
o That the overall design is modified to keep the scale and massing to a minimum;
o That the third-story dormers are removed;
o That the French doors on the south elevation are reduced from ten to no more than six;
o That the rear-ell be broken up in wall plane and roofline;
o That the wrap around porch is modified on the west (front) elevation to avoid an
unbalanced and awkward appearance;
o That the single French door on the front entry is replaced with a predominantly solid door,
and;
o That a typical window and door schedule providing window specifications, manufacturers
cut sheets including window profile, be submitted.
The partial demolition was approved at the above mentioned meeting.
The applicant is now before the Board with plans which include the following revisions:
o Reduced proposed total square footage including garage from 4,400 to 4,275
o Height reduction of two and a half feet (2'6");
o Rear-ell roof changed from gable to hip;
o Two car garage moved to the rear of the property;
o Reduction of length of two-story rear-ell by twenty-feet (20');
o Removal or wrap-around porch;
o Reduction of amount of French doors on south elevation, and;
o Removed two-story bay element on south elevation.
Additionally, the partial demolition was previously approved. It appears that the amount of
demolition to occur has increased and therefore, the partial demolition is back before the Board.
The applicant proposes the following modifications to the one-story dwelling:
~ Partial demolition of the existing 1,300 square foot structure, leaving 800 square feet for
renovation;
~ Construction of a 3,475 square foot, two-story addition on the front, side, and rear,
including a two-car garage;
~ Landscape Plan, and;
~ Overall color scheme.
The property at 711 North Swinton Avenue measures eighty feet (80') in width at the front and
back property lines and one-hundred, twenty-five feet (125') along each side calculating the total
lot size to 10,000 square feet. The existing structure contains approximately 1,300 square feet
plus a carport of approximately 185 square feet, totaling 1,485 square feet. With the partial
demolition, approximately 800 square feet of the structure would remain. Within the required
setbacks of the lot, the structure is situated thirty feet (30') from the front property line, and ten
feet (10') from the two side interior and rear lines. The proposed major additions and alterations
to the property would bring the total floor area to approximately 4,275 square feet including the
two-car garage. The building footprint calculates to approximately 2,775 square feet providing a
lot coverage (regarding only the structure) to approximately twenty-eight percent (28%).
From review of the exterior elevations, the structure will appear to be a completely different and
new structure of the Vernacular style, with Hardi-plank used as the exterior surface treatment.
The height of the building would increase to twenty-six and a half feet (26'6") to the roof peak, a
reduction of two and a half feet (-2'6") from the previous submittal, and the width on the front
elevation would increase from the existing forty-seven feet (47') to sixty feet (60'). The front
sixty-feet (60') would be made up of a two-story mass to the north extending to the south for
approximately thirty-feet (30'), with a one-story mass extending the rest of the thirty-foot (30')
length. The two-story, main mass contains a rear-ell element which extends to the east and
contains an attached, one-story, two-car garage, which is set-back ten feet (10') from the main
wall plane of the north elevation. A concrete paver driveway extends from North Swinton
Avenue along the north side of the property and up to the garage.
The main (west) elevation contains a two-story porch, entry door with side lights and a transom
window, 6/6 single hung windows on the first-story and two-sets of French doors on the second
story. A front facing gable containing a circular vent tops off the elevation. The one-story
element to the south contains three (3) single hung windows.
2/7
7 'I r>Jorlh
HPi3 M,>.;::;"
The side elevation to the north is a two-story mass, or rear-ell, measuring sixty-four feet, six
inches (64'6") in length including the front porch. A metal chimney is located towards the front
area of the elevation: The roofline begins with the side of the front gable, then lowers down
about two feet, nine inches (2'9") to a height of twenty-three feet, six inches (23'6"). The wall-
plane is broken up by a second story porch located to the rear and measuring approximately
thirty feet (30') in length. The attached garage to the rear (west) measures thirteen feet, six
inches (13'6") in height and twenty feet (20') in width and contains a single, paneled, two-car
garage door.
The Rear (east) elevation is broken-up by the one-story element to the south and east, as well
as the varying ridgelines in the two-story mass. Two sets of French doors are located on the
first story as well as a single French door on the second floor and varying windows.
Lastly, the side elevation to the south provides visibility of all of the one and two-story masses
contained in the proposal. There are a total of six (6) 6/6 single windows and four (4) sets of
French doors along with a fixed picture window on the first floor containing side lights. The
second story contains a railed balcony.
Ficus hedges at a height of six feet (6') will be planted along the front, side (south) and rear
property lines. An existing six foot high (6') wooden fence has been noted along the north
property line along with an existing four foot high (4') chain-link fence along the rear property
line. The applicant proposes to install a four foot high (4') black, vinyl coated chain link fence
along the south property line spanning from the rear to line up with the front edge of the
structure. A white, four foot high (4'), wood picket fence will be installed along the front property
line and wrap around the side (south) property line meeting with the edge of the chain link fence
and connecting over to the structure, with a gate.
The proposed new color scheme is a cream color for the body with a deeper golden color for the
trim. All doors and windows would be white, and the paneled, metal garage doors would appear
to be a brown, wood color.
LOR Section 4.5.1(E)(4) and 4.5.1(E)(8)(a-k), "Development Standards" provides guidelines in
evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural
features. The guidelines are as follows:
(E)(4) A historic site, or building, structure, site improvement, or appurtenance within a historic
district shall be altered, restored, preserved, repaired, relocated, demolished, or
otherwise changed in accordance with the Secretary of Interior's Standards for
Rehabilitation, as amended from time to time.
(E)(8) All improvements to buildings, structures, and appurtenances shall be visually
compatible. Visual compatibility shall be determined in terms of height, front fac;ade
proportion, proportion of openings (windows and doors), rhythm of solids to voids on
front facades, rhythm of buildings on streets, rhythm of entrance and/or porch
projections, relationship of materials, texture and color, roof shapes, walls of continuity,
scale of building, directional expression of front elevation.
The following criterion has not been met:
3/7
7'> I North
HPS Me-crng Varcn 1
(a) Heiaht: The height of proposed buildings or modifications shall be visually compatible in
comparison or relation to the height of existing structures and buildings. The height of
the building isOwithin the height requirement and measures to a lower height than other
previously Board approved infill applications in the immediate surroundings. However,
when looking solely at the historic building stock in the Del-Ida Park Historic District, it
does have a larger and massive appearance, as the district is predominately made up of
one-story structures.
(b) Front Facade Proportion: The front far;ade 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. The front elevation is not in proportion with the other adjacent, historic buildings
in the Del-Ida Park Historic District as they are lower in height and contain a smaller
massing. However, when compared to the other infill structures, it measures at a lower
height.
(j) Scale of a Buildina: 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 building mass of historic sites, buildings, and structures within
a historic district. While the proposed building is of a larger mass when taking into
consideration the surrounding historic structures in the Del-Ida Park Historic District, it
appears to be compatible and comparable with other two-story infill structures.
The Delray Beach Historic Preservation Design Guidelines recommends the following
with respect to additional height and new construction/infill:
oFor buildings where additional height is allowed, stepping back the upper stories may help to
minimize the difference as viewed from the street. The additional height was reduced to the
south, providing a one and two-story front elevation.
oAII in fill must be compatible with the surrounding buildings and yet must be differentiated
from the historic building stock. Regarding the historic building stock, as previously noted,
the proposed building is not compatible with regard to height and massing. However, the
proposal does appear to be compatible with the surrounding infill structures within the historic
district providing further differentiation from the historic building stock yet without
overshadowing them, as the other infill structures have not done, either.
o The height of any new building should be similar to those of other buildings along the
streetscape. The east side of North Swinton Avenue is located within the Del-Ida Park
Historic District which is predominately made up of one-story historic structures. However,
the infill structures are two-story. The properties on either side of the subject property
contain one-story single family residences. The structure located on the property to the north
was constructed around 1956, while the property to the south was constructed around 1940.
Therefore, the non-contributing structure has a higher impact from the new construction, as
opposed to the contributing structure.
o The new construction should be compatible with the width of the surrounding buildings. The
historic structures are of a smaller width than those of the more recent infill, with which this
proposal is compatible.
o The relationship of new construction adjacent to significant historic resources can either
enhance or detract from the historic setting of the district. Overall, the structure does not
4/7
I North
appear that it will detract from the historic setting of the district as it will blend into the
streetscape, as ot~er infill structures have accomplished.
a The character of the massing should be compatible with the surrounding buildings. The
massing is in keeping with the surrounding infill structures of the district, which have also
been approved by the Board since its inception. The Del-Ida Park Historic District is made
up of historic, original, one-story structures of a small scale and mass. The porch roof on the
front elevation helps to break up the massing on the front, as do the two, one-story elements
which are visible on all elevations.
The Secretary of the Interior Standards for Rehabilitation recommend that:
aNew additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and fts environment. (Standard # 9)
aNew additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic property
and its environment would be unimpaired. (Standard # 10)
The Secretary of the Interior's Standards for Rehabilitation provides guidance for additions to
historic structures as well as new construction in general. Historic preservation acknowledges
change and growth that occurs in historical settings.
The existing structure, while classified as non-contributing, is compatible with the district in
terms of scale and mass. Its classification allows for a larger change to occur since it is not
protected by its age nor eligible for contributing classification. The proposed new work does not
appear to be completely compatible with the existing historic building stock. However, it is
considered compatible with the existing infill architecture of the district with regard to scale and
massing.
Landscaping and Fences
The proposed fence types are as follows:
aSix foot high (6') wooden fence - Existing along side (north) property line.
aFour foot high (4') chain link fence - Existing along rear (east) property
aFour foot high (4') black, vinyl coated chain link fence - Proposed along side (south)
property line.
aFour foot high (4') white, picket fence with gate - Proposed along southern portion of
front (west) property line and partially along side (south) property line.
A six foot high (6') ficus hedge is proposed to be planted on the interior along the front, side
(south) and rear property lines.
The Delray Beach Historic Preservation Design Guidelines recommends the following
with respect to fences:
aChain-link fences clad in a green vinyl may only be used in rear yards, or where they are not
visible from the street.
5f?
HPB lvlect,nq
Chain-link fences are not appropriate in the historic district, especially when visible from the
street, as specified in the guidelines. Therefore, the chain link fence should be revised to a
wooden fence where"existing (rear) and proposed (side), as this would be the most compatible
solution. A height not to exceed four feet (4'), as proposed for the chain link, would be
preferable.
Pursuant to LOR Section 4.6.5 (A), where deemed to create a sight obstruction, fences,
hedges and walls shall be maintained at a height not exceeding three feet. Therefore, the
proposed ficus hedges, or any other planting, should not exceed this height requirement along
the front property line. Additionally, the proposed wood fence shall also be reduced to a height
not to exceed three feet (3').
ASSESSMENT AND coN
Complete compatibility with the historic building stock of the Del-Ida Park Historic District means
to build a one-story structure minimal in size, scale and mass. However, there are structures
which exist in the historic district that have been approved by the Historic Preservation Board, it
seems, without major issues and discussion. These structures are the infill referred to
throughout the report and also examples from which the applicant has taken direction in making
the proposal. Additionally, the revised submittal shows that the applicant has taken into
consideration previous Board recommendations and intends to provide a compatible structure in
the Del-Ida Park Historic District. With the revisions, it appears that there will not be a large
impact on North Swinton Avenue nor the Del-Ida Park Historic District. As noted throughout the
report, the proposal appears to be in keeping with existing infill structures in the immediate
surroundings located on NE ih Street. While some revisions will be necessary for the proposal
to comply with the guidelines, overall it has greatly evolved since the original submittal.
Based upon the analysis contained throughout the staff report positive findings can be made
with respect to the noted LDRs.
A. Continue with direction.
B. Approve the Certificate if Appropriateness for 711 North Swinton Avenue, Del-Ida Park
Historic District, based on positive findings with respect to LOR Sections 4.5.1 (E)(4) and
4.5. 1 (E)(8)(a-k), the Delray Beach Design Guidelines, and the Secretary of the Interior's
Standards for Rehabilitation subject to conditions.
C, Deny the Certificate of Appropriateness for 711 North Swinton Avenue, Del-Ida Park
Historic District, based upon a failure to make positive findings with respect to LOR
Sections 4,5.1 (E)(4) and 4.5.1 (E)(8)(a-k), the Delray Beach Design Guidelines, and the
Secretary of the Interior's Standards for Rehabilitation.
Partial Demolition
Approve the Certificate of Appropriateness for 711 North Swinton Avenue, Del-Ida Park
Historic District, based on positive findings with respect to LOR Sections 4.5.1(E)(4) and
4,5.1 (E)(8)(a-k), the Delray Beach Design Guidelines, and the Secretary of the Interior's
Standards for Rehabilitation subject to conditions.
6/7
HPC?,
Additions and Alterations
Approve the Certificate of Appropriateness for 711 North Swinton Avenue, Del-Ida Park
Historic District with direction, based upon findings with respect to LOR Sections 4.5.1 (E)(4)
and 4.5.1 (E)(8)(a-k), the Delray Beach Design Guidelines, and the Secretary of the Interior's
Standards for Rehabilitation with the following suggestions:
1) That the picture window sidelights contain 3-lights rather than a single pane of glass;
2) That the "squatty" windows on the west elevation, one-story element are revised to a
proportion consistent with the other windows throughout;
3) That the chain link fence along the south property line be revised to a wooden fence at a
height not to exceed four feet (4');
4) That the proposed wooden fence located along the front property line and front-side
(southeast) property line not exceed three feet (3') in height;
5) That the proposed ficus hedge along the west (front) property line not exceed a height o~
three feet (3'); .
6) That it be taken into consideration the replacement of all existing and proposed chain-
link fencing with a four foot (4') tall wooden fence, and;
7) That all windows which are to contain proportionately correct shutters contain shutter-
dog hardware.
Report Prepared by: Amy E Alvarez, Historic Preservation Planner
Attachments: Existing Site Plan, Proposed Site Plan Elevations & Floor Plans, Existing Photographs
7/7
~
b
~
-.!j
~
tA-
x:
\.U.
,.~.i
~..l,..".
it: .,
,~,:' .
i
i\
--
..,,:<;~
~
'-'")
ill
~
fr
<::::)
L
~
~
G
'v)
1-
VI
<J...
~
.. s~.......) / I~D ;.-....
,== ~/ ,/g.-
! ,'. I j:r
! IS!
mT - ] I /3
JI[- I~I Idj
ST. J /1 / 'c
!;1l-~~ ill !
OOULEVARD
-~r}f! i
D / <'PJj r I ~=.:J
'. "-.... << /" .. " " "v -/ I ~ ...,..--.',---~-.-- ............,----- ~
""i ....)... "<' ~o"''('. ,.. J L g........ ~
.A=JFL:i (:}.,I r= N' '"' ~'
'>,,, ......, / v, . ... . ..__ ,', ,.._
")\' KE. 5TH CT.
[ i j! .~
ST. /1 .,.,.
.. ....;- J'i .... /J 1."~,
..,.....
2~=='''-:'i ! 1 {
~',~ =,....~=.41/t.
€@ .... 'rJ;-....7 .
" ... ....- ..... ~~~lll
~=:"- ....... ... --.. ......,.J I !.
Z ..., j
,
'"'''' nTH ~;T.
!
.. ,
. ,.......
~
<( .. ,........
1
N.::...
11TH
'J HI. ,
.
, .
N.E.
,. . .
,
'I
...
10TH
, i I I
I ! i
! i ! ! I
9lH
..,..,
:
! i ..
~'TH_ I.',~~,I
~w ..... ~ ;
..........-
.......
:'>/""~
.. I !
'.,-, "''".,-
..
8U".j
~~' ...... '
mm......,' > .
~QJ~J "l'" =8'15'5' ~r
.\IT. ] . ".... w~~~,
?;i I .,."zl., ",', y ",
z 'J A'
- .... -.......... "... /"', ''''''''>-
z; "-. ''''', >:. "'" '.
~i.. ',/, .
/) 1 /i ',..
-
WOOD LANE
"--../ !
"
/.. ..
..'
....
j-", '.
,~ ...,.
<:;.::0' '.
'. ,. ...., "
-.... -, y;
, /
... .....
~<...
'-'
q.~ ./I
r",'<;U
5TH
"
Tl<iN! j Y
LUTHERAN
NL
-
Ii ~
LAKE OA ROAD
j ~
---! !; .--....z
~ ~ 4:rt- r-------
_m . POST ...., ,....
~ O(;'~' Cr: 'd 1>.....
'........... I,., <l ,r, /~..... ~ ...... <.......
...-
CASON
METHODIST
CHURCH
~.......
<( .---.
~_....- -...-'
N
.
,....,...
~ .....
<(
....
~......
:::i
:i. ...
..
........... ........
. ''', ~-
Vl
........, I ~
,." .......
,... .........
........... ,'......-..
'........ w
Z
.... .,
,_.
~
-i----
...... ,
N
-
r:"" .
~
T
.. ..
..J ........
,. ~ ,.,..
u..l
o
W
t...
.." .
I '"
DEL-IDA PARK HISTORIC DISTRICT
CITY Of' OELRAY ar....CIi. ~L
P\.ANNI'lG l< ZONING OEP ARTlif:lolT
-- O/CIrAl BA.<;E' U4P SYSTFU --
'"
._",.,.. _m
....
i
, ,
ST.
..... ,..---.-...
~
z....""....."."'.....---
, ._ ....w....
r
T .,
C/l
;:,)
~
~
... ..... .... ,
.... r:
_. -,-~".:: ' ".._,,--~.
I
....-......
. -j ..
cl!-. ....
::5-
w
t....
"... ..
!...,
.. I ......
)l!AWN 8Y: J;'l)
4 L
... i
,-:; ., '11'7 "= ~ ;
rOLJNrJ '!... !.". ~
(UNNU,'VPQE:=RE.o; ~l
( e p.c " /' r-:ou,\J1) Yb"/. R,
'YJ ( UN,'.} UJv1 '3 E g E f) )
i (plAT &MEAS.) / '___ t.r.JC-l-lofZ.
1 ____ if 49.63' -=..... I'
j:
t:/ I 15'
I
I
f
WT4
BliXX 1 i
I '\,
I ''\
JI==R!-lEf~D ~~
'NI r7<;: (TY""'. I
,\ -', ".,' I .'
I 1.1'1
I I
j
'" . ./
;'::-OLJI--; 7 70 ',. g. ...../
LJ!,.~::--; 'J."'.--A.-:- ~ :z.~ .~.
WF5
BLOCK 1
J- 711NOKI1ISWlNlVNAVENUE
-~
'-.9
c-O! r, /.....,-;.-~:f.- <_
/Z i '-/,0/./. c.. /, f /
, .
! v' {/.'....rU..V',"".r;:::'t7..:::.,...
\... ," v' t. .. ' /' ___.. "'_""
,/
-:
811.00'
J
1- t
I
cfrJo I
~,
'./ qp..,.
,,"'J i
t.f'\.
\\\
":".<1 .
. \ 35'
~\ , ,,1
. \ ,~~,
.~. ;
.\
D. z/ 25'
1
45'
-
~
. e::,,:.
;
i
.-k, ..
is
i~
'k ""-i
i
I
i
10./' t
',...r
'347.
I
I
i
I
I
I
s
~
"'"'i
tyG\ , '"
;t"\. '...
':x:) 0 \j-.;::: 0" ""r<> (
'\'J " J '- 1'.-'1
1<~'S: t7 E ~J ,~S
-~ "'-", j : ! .7' ;/
~ (9,.~~ 'I" 8 r>1
\ /~ ~ ''''''', I ~t- '-- '71~~' ......~. ~/' ')(
.\" , / ,....... '\,,, i
;:< "~ '", ~ . t
/ \.. ........" I ........ I I
'\) 20.''2<1 " :30.'1 I'
'\... / .
"'" ( -- f7LDL:<- / f
" \\- ?1-i~:7 i'--L '
: .r------:- LOT2 ;
"'\,\ I / BLOCK 1 t
\. i I j
LOT 3 -~ ------""/ I i
.,. fV"'V 1 ~ ! / h" ~
BLAA..-A I':~ ok ............... ;::::., 2..\J,! 'k
~ 4 "\ i / <!b~, I c T'cc)
~ <ti" "~'C/ ~~ j~ d
. . ,,' X '.; )/.
, r
't- "
'J
t
N
8flOO'~ I
I
r
i
~.'
/ FOL'.;.,}7 >/6 H: ,,<:_
------ t ~~F ~' 5. ~.. ~5~
LOT22
BLOCK I
r
LO
BLf)(
i
i
i
I
i
J
,
I
!
I
.~
i
r
11'~I;~nJ~' jtlj~'.~~~H~ > S' .~...
(IIJrJfI[n ffl1mmlfl JII!PI
I
~;ij~;i;fri:p; . :l;imjjf;:;;;;;i;::;: .
I
~~p~~m~W~~~~i~~ . ~~mw~nwm~w
HHHUUIJIIU,'I'; IlfHffflUUlfffiU[
i IllJ It I Iff ,ml
I i ~ I
~ . '~l ' '.. - .~R~U~' . ~JI'e~J .
f III lit t1llnn tUl1I1
1
~~~~~.~ . ~fW . ~~.~~IIUW! . '''H'
UffUI HiHiUI'Uf'UII tlH)
I q J I
;;;;~f;iii:; . i . iiiMi;:m;r; .
(1 j UHf I I
I lill'
'~;~9~~;~'~~1 . ~1~'J~.~~IJ~'W'~I'fteIW .
iUVrfffW IUIflIl!!flfUlUfflIW
f i If f
P!~~mw . U < .~. <
l'lftfj'flt II 'If
I
r, tt1~1~:~))!~
· ...! '!li'I'I!.r
~o~ illJ 900
i II !I!~ H !
, I
i
111[1][]GOml
! I ! ~
a
~UH ~
<;l
~s~i~ ~
U~~~ I
~~
ili
u
III ~IJ DI ~ ~
Hi Hi n u
H Hi
~
~
~
,
\1
'''''.DO'
~
~
~ ~/:l
~ ~I~
>
0
:;:! 0 ~"!
3
z ~ ~;ita
0 il',;
~
:r: ~ . /:l~"
(j') ~~ 8 ~ra
::;:
z ~~ ~'ll~
--I ~~
0 Z~
z iB~ ~q!
>- ;:~l!\
-c ~.a.,~ ~~ ~~i~
rt1
z lTI~~
c: "n ~!!!D
rt1 Hi . ~i
~~
~~Il
~"
I
-t
. ("'fr"ii
, ,. I
,.. "'!
r Q . ~ ~
~~~~
~~~~
:X:~i:'i
r;;::;;
~~c
~~
~
ADDITION TO R05ENBDM RESIDENCE
711 NORTH SWINTON AVENUE
DElRAY BEACH FlORIDA
_?~ tI
___ ..':.11'''1'1'0..,'''11:.
Q I
"l
..
----+-
I
[J I~ ~ J 1M
D l fa gj
[Ed 0000
IL-Jl I
!
I
Q I
I
~ I
"'It
8
V'v 711 t N1fiEf-Dola.'
~
I I
II I
I
1 I
,.ltflPq
;~!'H
ADDIT10N TO Im6ENOOM RESIDENCE
711 NllInH 6WINTON AVENUE
DEI J/.A Y BF..ACH FI.DJ/.JDA
7= tI
-= ..r:.IT.crll.~ll'Ii
~
m
8
z
<::l
;n
8
,..
"'II
s:
Z
rtlfS"li
;~!'H I
ADDI1l0N TO ~05EN5OM RESIDENCE
711 NORTH SWINTON AVENUE
DEI ~^y Bf'ACH FI.ORlDA
--.-- tI
"'-
--
~_...--
_ .Ii."..Tt""l!.~'~('
~
~
m
~
o
z
~
c:
~
m
..
!:;!
~
o
z
-
II
~~
~
I~
IIII I~ ~I
~II "i ~I
I:
M "I
I~I II
II' ~
( 1 l 1
.
t
I
&
." r~fJPq
; ~ !' H
ADDITION TO IUlAEN5DM RE5lDENCE
711 NOR1H 5WINmN AVENUE
DEIRAY BEACH FLORIDA
__non< tI
,.-
--."='=-
_ ..t.,l'.ItT.....Jt
I~il Ii
~I I.
M ii
I~i !!
III ~
i~
~!
~!
~
~
..
.
q
.
I
. (',frrq
;~ !' II
~
m
~
::!
o
z
ADDI110N TO IWSENBOM RESIDENCE
711 ~ 5WINTl)N AVf'NIIE
OEUU.Y BEACH.. Fl.OR:IDA
;~
~~
~li
.~
--tI
............
---==--
_ ..c.,rat:r..K,.I:lI1
Straight Shadowbox1]
Choi,)" of F:"d C"d..r or Tr"..r"d Pin"
\
i
~ - - I- ..... - l- I- i- -
. .'
......... - - I- ..... - l- I- i- -
:4- ..,.
6 H 0' erF rt( . Cc
1-1- - - l- i- - - l- i- - 7'-'11
4 .....;. . . . . . . _,t.
~.... - - l- I-- - - I- ..... -
"::- ..... - - I- - - - i- -
ckfill ~- . . . . .. '. .. .. .. .. .. . .
I-- - - I- - - - i- -
V
\ -
.... .. I ,. "} \
. FRONT VIE\V --1_:"" space \
[ . \\
r , 36" 411 max_ spac
I . 1
. I.-
"-~
-
8' max. post spacing
) I
4:.
1 x
2x
2_3" dirt ba
e
-I 10"1-
4;.:4
-11-- "2 to 411 spaee !
~ ~ n-n n-n n-n n-n n-n n-n n-n ~2;':4
U-..l.IU-..l.IU-..l.IU-..l.IU-..l.IU-..l.IU-..l.IU-..l.I
Fwnt.-J- TOP VIE\V 1 ! 6
Aluminum n..~s for
o"d.. G 1 - d
n..i1s
pine.
!-
4
I. aVanl2E'
for Tre.~r"d E;.7"
I-- - l- I-- - - I- ..... - -
. . . . . -t
~- I-- - l- I-- - - I- .....
Ho'i -Fe iLGe (~r).
., ~4:
;.:4- f-;o
I- ""-- I-- ,.- - l- I-- - - I-
x4 . . . . . .
~~ I-- I-- - l- I-- ..... - I-
- . I- ..... - - . I- ..... - . l- .
T I- ..... - - l- i- - -
"-- -)'
--, f
\1..
..
{4
2
REAR VIE\\l 1 x 6
Not To Scale
Number of boards will Yal}" depending on space
bet'.';reen boards and actual width ,)fboards
COD'lriQht 1337 Hoov"r Fenoe Co. AU riQhts resel'Jed
~.
'.""" ,.-....'.,' . ",
4:';:" ...............'........-
. ,,c'
~: q':;
....
.
-"
"~~
.:--"""", .
,
~
.
~,;1IjW;..---
tt~Sd"
),~-C';
"t'~'M
~
_ -_;.:,;>",;;i_."o:,,~~J
..
~;
'ia('
:-,.........-~
.1
.. ..
.'
-,
-\
3ELGARD.BIZ
http://www.belgard.biz/big.htm ?path=images/photos/big/OldCastle063...
'."'O""'.''''''-'-'C:-'- ,--=,--,-:"':<-",",),"'~"e="'3':<'o:-.~~~vo",'7"!:"'~'_':'''''''~,--","",,~~~-~''.'
Actions taken by HPB inconsistent with:
1) Land Development Regulations
2) Delray Beach Historic Preservation Design
Guidelines
3) The Secretary of the Interior's Standards for
Rehabilitation
4) Historic Preservation Board Direction of
January 18, 2006
Land Development Regulations, Appendix A
In-fill development:
The development of a single parcel having
frontage on one street or two streets for a corner
parcel, and which has been vacant for five (5)
years or longer and is surrounded by buildings
on two or more sides.
LOR Section 4.5.1 (E) (8)
All improvements to buildings, structures, and
appurtenances within a designated historic district
shall be visually compatible.
(a) Height: The height of the proposed buildings or
modifications shall be visually compatible in
comparison or relation to the height of existing
structures and buildings.
(b) 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 heiaht of the front elevation of other
adiacent or adioinino buildinas within a historic district.
1) Land Development Reaulations
Appendix A
Addition (to existing building):
Anv walled and roofed eXDansion to the
oerimeter of a buildina in which the addition is
connected to a load-bearina wall other than a
fire wall. Any walled and roofed addition which is
connected by a fire wall and is separated by
independent perimeter load-bearing wall is new
construction.
LOR Section 4.5.1 (E) (7)
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 shall meet the same
compatibility standards as any material change in the
exterior appearance of any existing non-contributing
building. Anv material chanae in the exterior aooearance of
any existina non-contributina buildina structure. or
appurtenance in a desianated historic district shall be
aenerallv compatible with the form proportion mass
confiauration buildina material texture color and location
of historic buildinas structures or sites adioinina or
reasonablv approximate to the non-contributina buildina
structure or site.
Adjacent Buildings
(j) 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
visuallv comoatible with the buildinc size and
buildinc mass of historic sites. buildincs. and
structures within a historic district.
2-Story Square Footage
Subject 4,275 (including garage)
10 NE 7th St
105 NE 7th St
109 NE 7th St
515 N Swinton
3,035
3,276
2,963
2,454
In a historic district, consider the surrounding
buildings and the compatibility of the addition in
terms of size, scale, materials, mass and roof
form.
Insure that the addition is secondary and
subordinate to the main mass of the historic
building. Additions that overwhelm the orioinal
buildino are not an acceotable solution.
Subject Lot 80 x 125 Ratio 42.75%
11 NE 6th St Lot 75 x 120 Ratio 15%
17 NE 6th St Lot 75 x 120 Ratio 21%
18 NE?th St Lot 75 x 120 Ratio 23%
721 N Swinton Lot 85 x 127 Ratio 22%
NW Portion of Del-Ida Park Floor Area Ratio:
Average 21 %
Median 20%
Mode 21 %
2) Delrav Beach Historic Preservation Desion Guidelines
Additions:
Locate and addition as inconspicuously as
possible, usually to the rear or least public side of
a building.
For buildings where additional height is allowed,
stepping back the upper stories may help to
minimize the difference as viewed from the street.
North Swinton Avenue Looking North
2
North Swinton Avenue Looking South
4) Historic Preservation Board Direction of
Januarv 18. 2006
That the overall design is modified to keep the
scale and massing to a minimum.
Proposed 4,400 sq.ft.
Amended 4,275 sq.ft.
Reduction 2.84%
To reduce to 3,500.sq.ft. 20% reduction required
To reduce to achieve 21 % floor area ratio a
50.87% floor area reduction required.
3) Secretarv of the Interior's Standards for Rehabilttation
New additions, exterior alterations, or related
new construction, shall not destroy historic
materials that characterize the property. The
new work shall be differentiated from the old and
shall be compatible with the massina. size. scale
and architectural features to protect the historic
intearitv of the property and its environment.
3
T
.
,
[TIGJ:
, ~
., '
~'T' _..1.. .._,- t;i
{ i-
t .
flJ',:
~'--"'._, L...,...h..h_.._....
, '
.:..._''''~:'"'_J....___ ~
z
1'_1
1000 LANE
j !!
I
I
!_OOH
,(<IN: T'(
t~.J ThFPAN
LAKE lOA ROAD
CASON
METHODIST
CHURCH
~ -" ---.."" I;;' ...-- _.
<( ..-...- -.. ~..... "--
~ ..__ _.__...... VI -......-..- -"-
('oj -
---- .--"......-
~ ~
:Ii ....- --..-.. z --'-
N
-
CITY a DaRA,. B(A01. 'L
Pl.......ING "ZONltIG O(I'AIlTV(NT
-- D/CIrAl. SA.SF. 4/;oIP SYSTnI --
---- --- w POST .
....... ~ OFFICE '!:......
_. -- "------<
-'.. --.. I---
_.
._-~
--
_...... I.........
-1-
---. I..... ~
:z:
1===':" ~
--==== ---..---.--
~ - -- .=-.::::::::: ----- J-
"'-- --- .... :......:-:::: ,- ~ --
- '-t-----.. ~ ---
I- ~--= r-..lr-'T- t!
~ ....:::......-- ~~ ~ II 1 ~~= ~-~"..
DEL-IDA PARK HISTORIC DISTRICT
FAPJ ~AHf'LE' Mt:4-
II
"~l
! J
Sf..
>=
-- :s: ___
........_r
-- _.....
-- :t.-
_._~-
~---
..- ~_OO
1--
.......- --
"--..-
0R.t.il'lf BY, .N>l)
x
..,~- . .,., '?r '.r,,\ ~T ,\....., .'o' .n,' ',", ,.~.",-..,.\.." .'"",.. h. ..'....r.....'...;,I....Elo()r.~re~.R~tio)'
.~:.t.r ,
NE-z..... ' "" . .....:, .......... ,',ED ~'s~ 1.......'...................'...-
\. ..."......................
615 1956 2027 70x140 21%
706 1939 1745 60x127 23%
714 1925 1580,430 120x127 13%
799 N/A 1756 65x180 15%
:NE6~h,iStr't~er .
10 1958 2445 N/A
11 1950 1635 75x120 15%
17 1925 1852 75x120 21%
101 1939 1454 50x120 24%
105 1939 1118 100x120 9%
110 1944 2139,519 N/A
111 North Del-Ida Estates Replat 82x120
115 (previously 107 NE 6th Street) 95x70
116 1
68x135
\.,
5 1939 960 50x120 16%
5 Vacant Lot 50x120
10 (2 Story) 2000 3035 50x120 51%
14 1965 1575 50x120 26%
17 1954 1512 50x120 25%
18 1969 2027 75x120 23%
102 1952 1168 50x120 19%
105 (2-Story at Rear) 1940 3276 100x120 27%%
109 (2 Story) 2000 2963 50x120 49%
110 1925 2539 N/A
112 North Del-Ida Estates Replat 82x120
113 1962 1311 50x120 22%
116 North Del-Ida Estates Replat 70x95
~~~.?IlI'~
" "lXle, . . V
11 1923 2495 50x140,50x116, 15%
69x59
19 1925 1000,420 50x140 20%
13/23 1937 1395, 828 75x140 21%
101 1939 2212, 1030 100x140 23%
109 1937 1184,435 125x140 9%
125 1928 1668 50x140 24%
T i.."." \....
nl:;""""" .?
10 1940 2182 100x140 16%
14 1955 1295 50x140 19%
18 1941 4015 100x140 29%
26 1925 1480 50x140 21%
It'
Lake Court Cont'd...
30
20
North SWlntori Avenu
515 (2story)
2454
126x55,
40x135
N/A
62x125
58x125
95xl00
145xlOO
75x127
80x127
85x127
1925
521
527
531
601
605
701
711
721
1939
1947
1947
Vacant Lot
1925
1940
1962
1956
2010
1361
1470
1590, 740
1586
1830
2344
20%
18%
20%
16%
17%
18%
22%
Notes:
Total Square Footage Information found at the Palm Beach County Property Appraisers Website.
Lot Sizes Complied by the Palm Beach County Property Appraisers Website and the City's Property Records.
Dates of construction compiled by Florida Master Site File Forms and the Palm Beach County Property Appraisers Website.
Average Floor Area Ratio = 20%
Median Floor Area Ratio = 20%
Mode Floor Area Ratio = 21 %
2'"'
Warren Adams
Education
2001 - Present University of Paisley, Scotland
Research towards Ph.D.
Centenary Fund Scholarship Award winner for the research of 'Classical
Mansion Houses in the Paisley Area, 1700-1830'.
1999-2000 University of York, England
M.A. in Conservation Studies (Historic Buildings)
Graduated with Distinction
1989-1995 University of Paisley, Scotland
B.Sc. in Land Economics
1984-1987 Glasgow College of Building and Printing, Scotland
Building Construction and Management
Professional
experience
Sep.2005-Present Broward Trust for Historic Preservation, Inc.
Executive Director
Aug, 2005-Sep.2005 City of West Palm Beach
Preservation Planner
Oct. 2004-Aug. 2005 City of Delray Beach
Preservation Planner
2003-2004 North Somerset Council, England
THI Project Manager
2002-2003 Strathclyde Building Preservation Trust, Scotland
Project Manager
2001-2002 Historic Scotland, Scotland
Heritage Planner
2000-2001
Project Manager
Addyman & Kay, Building Archaeologists, Scotland
1998-1999
Valuation Surveyor
East Renfrewshire Estates Department, Scotland
1989-1998
Valuation Surveyor
Renfrewshire Valuation Joint Board, Scotland
1987-1989
Estimator
Andrews Weatherfoil Ltd., Scotland
Additional
professional
information
. Former policy advisor to the Royal Institution of Chartered
Surveyors in Scotland on conservation policy, and point of
contact for press releases.
. Former policy advisor to the National Trust for Scotland on the Little
Houses Improvement Scheme.
. Former Society for the Protection of Ancient Buildings Yorkshire
Group leader.
. Presentation of lectures and organisation of tours of historic
properties.
. Published articles in professional joumals and the national press.
. Delegate on Georgian Group study tour of country houses in
Buckinghamshire, England.
Professional
memberships
. Member of the Royal Institution of Chartered Surveyors
(Americas).
~
i
SUBJECT:
DAVI lJ'R N, Y MANAGER
SCOTT D. PAPE, SENIOR PLANNER :p -r'---
MEETING OF APRIL 4, 2006
CONDITIONAL USE REQUEST TO ALLOW A FREE-STANDING
MULTIPLE FAMILY DEVELOPMENT FOR PARC PLACE NORTH AT
DELRAY BEACH IN THE GC (GENERAL COMMERCIAL) ZONING
DISTRICT ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY
APPROXIMATELY 860 FEET SOUTH OF GULF STREAM
BOULEVARD.
TO:
THRU:
FROM:
The property consists of Lots 31 through 35 of the Delray Beach Estates subdivision.
The 3.85 acre subject property is located within the North Federal Highway
Redevelopment Area and Overlay District and is zoned GC. The property contains nine
structures that were constructed between 1951 and 1996.
The applicant proposes demolition of the existing residential and commercial structures
and construction of a new multiple family and mixed use development. The mixed use
portion of the development consists of 6,435 square feet of retail floor area, 35,647
square feet of office floor area, and 30 condominium residential units, which are located
along Federal Highway. The multiple family portion of the development consists of 15
townhouse dwelling units that are located along the east side of the development.
Pursuant to LDR Section 4.4.9(D)(11), multiple family developments are considered
conditional uses in the GC zoning district and are subject to the RM (Multiple Family
Residential) zoning district regulations except for setbacks and height, which are subject
to the GC zoning district regulations, This development proposal is outside the area
that is subject to the Downtown Design Guidelines, which apply to CBD zoned
properties only,
Additional background and an analysis of the Conditional Use request are found in the
attached Planning and Zoning Board staff report.
At its meeting of March 20, 2006, the Planning and Zoning Board held a public hearing
in conjunction with the request. After discussing the proposal, the Board voted 7-0 to
recommend approval of the conditional use to allow the free-standing multiple family
development in the GC zoning district for Parc Place North Delray Beach based on a
positive finding with respect to Chapter 3, LDR Section 2.4,5(E)(5)[Conditional Use
Findings], Section 4.4.6(1)[Performance Standards], and the policies of the
Comprehensive Plan, subject to the seven conditions of approval outlined on pages 17
q6
& 18 of the attached Planning and Zoning staff report of March 20, 2006 with following
modification of condition #4:
4, That the condominium units at the northeast corner of the garage are reduced to
three stories and the end townhouse unit along the north side of the property is
reduced to two stories. Further, the end unit on the north/south row of townhomes
along the east side of the property is reduced to two stories and the entire
townhouse row be relocated to the south,
Approve the conditional use to allow establishment of a free-standing multiple family
development in the GC zoning district for Parc Place North at Delray Beach, by
adopting the findings of fact and law contained in the staff report, and finding that the
request is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4,5(E)(5), 4.4,6(1)[Performance Standards], and Chapter 3 of the Land
Development Regulations, subject to conditions outlined in the attached staff report and
as modified by the Planning and Zoning Board
Attachment: P&Z Staff Report and Documentation of March 20,2006
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR PARC PLACE NORTH AT DELRAY BEACH
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
April 4, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Parc
Place North at Delray Beach, All of the evidence is a part of the record in this case.
Required findings are made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future Land Use and Map: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs?
Yes No
b, Concurrency: Concurrency as defined pursuant to Objective B-2 of
the Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes
No
c. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
1
Yes
No
II. LDR REQUIREMENTS:
a. LDR Section 2.4.5(E) ReQuired Findinas: (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
I. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Nor that it will hinder development or redevelopment of nearby
properties.
Will Section 2.4,5(E)(5) be met?
Yes No
b, Performance Standards for Density Increase: Does the applicant
meet the requirements set forth in Section 4.4,6(1), attached hereto, to allow a density in
excess of 6 dwelling units per acre to 11,69 dwelling units per acre?
Yes
No
3, The comments and notes set forth in the staff report are hereby
incorporated herein,
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5, The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves _
denies _ the conditional use request subject to conditions set forth in the staff report
2
and hereby adopts this Order this _ day of April 4, 2006, by a vote of
in favor
and opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
3
LOR Section 4.4.6(1)
(I) Performance Standards:
(1) These standards shall apply to all site plans approved subsequent
to October 7, 1997, and for modifications to existing developments which involve the
creation of additional residential units.
In order to increase a project density beyond six (6) units per acre,
the approving body must make a finding that the development substantially complies
with the performance standards listed in this section. The intent of the standards is to
mitigate the impacts of the additional density both internal and external to the site. The
extent to which a project meets the standards will determine the number of units per
acre that will be permitted, For example, if a project meets or exceeds all of the
standards, and is otherwise consistent with applicable standards and policies of the
City's Comprehensive Plan and Land Development Regulations, the maximum density
is permitted. Projects which only partially achieve these standards will be permitted a
correspondingly lower density. The performance standards are as follows:
(a) The traffic circulation system is designed to control speed and reduce
volumes on the interior and exterior street network. This can be
accomplished through the use of traffic calming devices; street
networks consisting of loops and short segments; multiple entrances
and exists into the development; and similar measures that are
intended to minimize through traffic and keep speeds within the
development at or below 20 m.p,h.
(b) Buildings are placed throughout the development in a manner that
reduces the overall massing, and provides a feeling of open space.
(c) Where immediately adjacent to residential zoning districts having a
lower density, building setbacks and landscape materials along those
adjacent property lines are increased beyond the required minimums in
order to provide a meaningful buffer to those lower density areas.
Building setbacks are increased by at least 25% of the required
minimum; at least one tree per 30 linear feet (or fraction thereof) is
provided; trees exceed the required height at time of planting by 25%_or
more; and a hedge, wall or fence is provided as a visual buffer between
the properties.
(d) The development offers a varied streetscape and building design. For
example, setbacks are staggered and offset, with varying roof heights
(for multi-family buildings, the planes of the facades are offset to add
interest and distinguish individual units). Building elevations
incorporate diversity in window and door shapes and locations; features
such as balconies, arches, porches, courtyards; and design elements
such as shutters, window mullions, quoins, decorative tiles, etc.
4
(e) A number of different unit types, sizes and floor plans are available
within the development in order to accommodate households of various
ages and sizes. Multi-family housing will at a minimum have a mix of
one, two and three bedroom units with varying floor plans. Single
family housing (attached and detached) will at a minimum offer a mix of
three and four bedroom units with varying floor plans.
(f) The development is designed to preserve and enhance existing natural
areas and/or water bodies. Where no such areas exist, new areas
which provide open space and native habitat are created and
incorporated into the project.
(g) The project provides a convenient and extensive bicycle/pedestrian
network, and access to available transit.
(2) It is acknowledged that some of the above referenced standards
may not be entirely applicable to small, infill type residential projects. For those types of
projects, the ultimate density should be based upon the attainment of those standards
which are applicable, as well as the development's ability to meet or exceed other
minimum code requirements.
(3) For vacant property that is proposed for rezoning to RM with a
density suffix, the approving body must made a finding that the proposed density is
appropriate based upon the future land use map designations of surrounding property
as well as the prevailing development pattern of the surrounding area,
5
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
March 20, 2006
IV,A.
Conditional Use Request for Parc Place North at Delray Beach to Allow a Free
Standing Multiple Family Development in the GC (General Commercial) Zoning
District on the East Side of North Federal Highway, approximately 860 feet south
of Gulf Stream Boulevard.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Applicant/Owner.,....... Paul Brent Development Group
Agent......................... API Group
Location.......................... East Side of North Federal Highway,
approximately 860 feet south of Gulf
Stream Boulevard
Property Size.................. 3.85 acres
Future Land Use Map..... GC (General Commercial)
Current Zoning............... GC (General Commercial)
Adjacent Zoning....North: GC
East: SF (Single Family - Town of
Gulfstream)
South: GC
West: GC
Existing Land Use........., Vacant - Office, Restaurant, Service
Proposed Land Use,..,.... Conditional Use Request for a
Proposed Stand Alone Multiple
Family and Mixed-Use Project Known
as Parc Place North at Delray Beach
Water Service................. Existing on site
Sewer Service....,........... Existing on site
~~--- --------l
_= --1l." ,.,,,
DELRA Y'S \
LOST DRIVE -IN I
I
I
I
IV.A.
The action before the Board is making a recommendation to the City Commission on
the conditional use request for Parc Place North at Delray Beach to allow a free-
standing multiple family development in the GC (General Commercial) zoning district
[LDR Section 4.4,9(D)(11 )], pursuant to LDR Section 2.4.5(E).
The property is located on the east side of Federal Highway, approximately 860 feet
south of Gulf Stream Boulevard (2507 through 2605 North Federal Highway).
The property consists of Lots 31 through 35 of the Delray Beach E;states subdivision.
The subject property is located within the North Federal Highway Redevelopment Area
and Overlay District and consists of 3,85 acres and is zoned GC. The property contains
nine structures that were constructed between 1951 and 1996.
The applicant proposes to demolish the existing residential and commercial structures
and construct a multiple family and mixed use development. The mixed use portion of
the development consists of 6,435 square feet of retail floor area, 35,647 square feet of
office floor area, and 30 condominium residential units, which are located along Federal
Highway. The multiple family portion of the development consists of 15 townhouse
dwelling units to be located behind and east of the development along Federal Highway.
Pursuant to LDR Section 4.4,9(D)(11), multiple family developments are considered
conditional uses in the GC zoning district and are subject to the RM (Multiple Family
Residential) zoning district regulations except for setbacks and height, which are subject
to the GC zoning district regulations.
The conditional use application includes a waiver request to the following section of the
City's Land Development Regulations:
1. A waiver to LOR Section 4,6,9(D)(3)(c)(2), which requires a clear stacking distance
of 100 feet in advance of all guardhouses or security gates.
The applicant has submitted a conditional use application for the townhouses and is
now before the Board for consideration,
REQUIRED FINDINGS (Chapter 3):
Pursuant to LOR Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body,
which has the authority to approve or deny the development application. These
Planning and Zoning Boare. aft Report
Parc Place North at Delray Beach - Conditional Use Request
Page 2
findings relate ~o Future land Use Map Consistency, Concurrency,
Comprehensive Plan Consistency and Compliance with the lDRs as noted below.
FUTURE lAND USE MAP: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map and Zoning District designation of GC
(General Commercial). Pursuant to LOR Section 4.4,9(0)(11), free-standing multiple-
family housing is allowed as a conditional use in the GC zoning district. Pursuant to the
North Federal Highway Redevelopment Plan: "The City encourages additional
residential development in the study area." The North Federal Highway Redevelopment
Plan further indicates that: 'The potential for mixed-use development consisting of
commercial uses on the ground floor and residential units above also exists along
Federal Highway. The convenience of living and working in the same area saves time
and reduces dependence on the automobile." Based upon the above, positive findings
can be made with respect to consistency with the Future Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer: Water service is available via service lateral connections to an
existing 12" water main located along Federal Highway and extension of a water main
along the interior loop road, Sewer service is available via an existing 10" main along
Federal Highway and extension of a sewer main along the interior loop road. Adequate
fire protection will be provided via an existing fire hydrant along Federal Highway and
installation of a new fire hydrant along the interior loop road.
Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant and the South Central County Waste Water Treatment Plant for
the City at build-out. Based upon the above, positive findings can be made with respect
to this level of service standard.
Drainaae: A conceptual engineering plan has been submitted with the conditional use
application that indicates that drainage will be provided via sheet flow to catch basins
and exfiltration trenches, There are no problems anticipated in retaining drainage on
site and obtaining any/all necessary permits,
Traffic: A traffic statement has been sub.mitted that indicates that the proposed
development, including the commercial portion of the development, will generate 168
peak p,m. trips and 1,409 average daily trips. It does not appear that the traffic study
takes credit for the traffic impact of the existing commercial and residential uses, The
traffic impact includes the vehicle trips associated with the residential units, which are
excluded from traffic concurrency, Per the Palm Beach County Traffic Performance
Standards Ordinance, residential projects and the residential portion of mixed-use
project, located east of 1-95, are exempt from traffic concurrency, and concurrency is
relevant only to the non-residential portion of the development. The traffic statement
Planning and Zoning Boan .aft Report
Parc Place North at Delray Beach - Conditional Use Request
Page 3
has been transmitte9 to the Traffic Engineering Division of Palm Beach County and a
finding of concurrency has been forwarded. It is noted that the traffic statement was
based on a commercial floor area and dwelling unit count associated with a previous
version of the development proposal, the revised proposal represents a slight reduction
in traffic. It is noted that there is no anticipated concern with respect to traffic
concurrency. However, a technical condition of approval is attached that the traffic
impact statement be revised to reflect the current development proposal. Thus, a
positive finding of concurrency can be made subject to the condition that a finding of
concurrency be submitted from the Traffic Division.
It is noted that the Traffic Division suggested improvements to the turning lanes at the
intersection of Federal Highway and SE 23rd Avenue (Gulf Stream Boulevard) and that
an exclusive left-turn lane be provided in the southbound lanes of Federal Highway to
provide access to the property, A technical condition of approval is attached that the
applicant pursues dialogue with the County and the City Engineer and incorporates
these improvements as part of this development proposal.
Parks and Recreation: The Open Space and Recreation Element of the City's
Comprehensive Plan indicates in its conclusion that "The City will have sufficient
recreation facilities at build-out to meet the adopted standards". A park impact fee is
collected to offset any impacts that projects may have on City recreational facilities,
Pursuant to LOR Section 5,3,2, a park impact fee of $500.00 per dwelling unit will be
collected prior to issuance of a building permit for each unit for parks and recreation
purposes. A total fee of $22,500 will be required of this development (45 x $500 =
$22,500) for parks and recreation purposes.
Solid Waste: The proposed 45 multiple family dwelling units will generate 23.4 tons of
solid waste per year (45 units x 0.52 tons = 23.4 tons). The 35,647 square feet of office
area will generate 96,25 tons of solid waste per year (35,647 sq. ft. x 5.4 Ibs. I 2,000 =
96.25 tons). The 6,435 square feet of retail floor area will generate 32,82 tons of solid
waste per year (6,435 sq,ft. x 10.2 Ibs, I 2,000 = 32.82 tons). The total solid waste
generation for the project will be 152.47 tons per year. The Solid Waste Authority has
indicated that its facilities have sufficient capacity to handle all development proposals
until the year 2024, thus a positive finding with respect to this level of service standard
can be made.
Schools: The Palm Beach County School District has forwarded a finding of
concurrency for the proposed development. Thus, a positive finding of concurrency can
be made.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in LOR Section 2.4.5(E) (5) for the Conditional Use request
shall be the basis upon which a finding of overall consistency is to be made.
Other objectives and policies found in the adopted Comprehensive Plan may be
used in making a finding of overall consistency.
Planning and Zoning Boan. 3ft Report
Parc Place North at Delray Beach - Conditional Use Request
Page 4
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies that are relevant to the
Conditional Use application are noted:
Future land Use Element Obiective A-1: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate and
complies in terms of soil, topographic, and other applicable physical
considerations, is complimentary to adjacent land uses, and fulfills remaining
land use needs.
There are no significant environmental characteristics to the subject property, The
proposed mixed-use and townhouse project will provide a transitional use between
Federal Highway and the single family residential neighborhood to the east (Town of
Gulf Stream). There is a concern with respect to the massing of the development
proposal on the adjacent single family neighborhood. The proximity of three story
townhouses and a four story condominium building will generate an adverse impact on
these residences. As will be discussed later in this report, staff is recommending that
certain townhouses along the east side of the property be reduced to two story units, or
that they be relocated, and that the condominiums at the northeast corner of the garage
be reduced to three stories rather than four story units.
Future land Use Element Policy C-1.4 The following pertains to the North Federal
Highway Corridor:
The North Federal Highway Corridor is defined as the area bounded by the FEC
railroad right-of-way to the west, the easterly boundary of the CRA to the east,
George Bush Boulevard to the south, and the north City limits to the north.
Properties in the corridor that front on Federal Highway primarily contain small-
scale, strip commercial development. Many parcels in the area contain vacant or
dilapidated structures, substandard parking, and substandard landscaping. The
area also contains residential areas identified as "Stabilization" and
"Revitalization" on the Residential Neighborhood Categorization Map contained
in the Housing Element. Many of the remaining parcels in the area are currently
vacant.
Due to those conditions, the North Federal Highway Corridor is hereby identified
as a blighted area. The North Federal Highway Redevelopment Plan was
approved by City Commission on March 16, 1999. The Plan identified the need
for limited rezonings and lOR amendments, along with improvements necessary
to accomplish certain redevelopment goals. Future development in the area must
be in accordance with the provisions of the Redevelopment Plan.
The goals of the redevelopment plan are to improve the appearance of the area and to
stimulate the revitalization of the North Federal Highway Corridor by encouraging new
residential development. The new residential development will help to stimulate
commercial development along Federal Highway by creating demand for goods and
services in the area. Analysis of the architecture of the buildings will be discussed in
Planning and Zoning Soarl .aft Report
Parc Place North at Dekay 8each - Conditional Use Request
Page 5
detail under the Perf~rmance Standards section of this report. Thus, the proposal helps
to fulfill several of the items listed above.
Open Space and Recreation Element Policy A-3.1 - Tot lots and recreation areas
serving children from toddlers to teens, shall be a feature of all new housing
developments as part of the design to accommodate households having a range
of ages. This requirement may be waived or modified for residential
developments located in the downtown area, and for infill projects having fewer
than 25 units.
The recreational facilities include a tot lot along the east side of the property, a club
house, and a basketball court and swimming pool on the deck above the parking
garage. The proposed recreational facilities provide opportunities for children from
toddlers to teens.
Housina Element Obiective B-2 - Redevelopment and the development of new
land shall result in the provision of a variety of housing types which shall
continue to accommodate the diverse makeup of the City's demographic profile,
and meet the housing needs identified in this Element. Policies, which will
implement this objective, include:
Policy B-2.2 - The development of new adult oriented communities within the City
is discouraged. New housing developments shall be designed to accommodate
households having a range of ages, especially families with children, and shall be
required to provide 3 and 4 bedroom units and activity areas for children ranging
from toddlers to teens. This requirement may be waived or modified for
residential development located in the downtown area, and for infill projects
having fewer than 25 units.
This project will not be excluded to occupancy by adults only, However, it is
acknowledged that urban in-fill type projects are not generally conducive to families with
children. The proposed development has provided a tot lot and basketball court, which
will make the development more attractive to families. The floor plans are comprised of
one and three bedroom units, Thus, there will be opportunities for small families within
this development. Given the urban infill nature of the project, it is appropriate that this
project not be required to provide 4 bedroom units.
Policy B-2.3 - New housing developments shall include a range of housing types
that offer variety in size, color, and style.
The analysis of the architecture will be discussed in further detail under the
Performance Standards section of this report. However, the architectural renderings
indicate that color and architectural appurtenances are varied between townhouse units
and the mixed use building. The development provides six different varieties of floor
plans,
Housina Obiective A-12: To assist residents of the City in maintaining and
enhancing their neighborhood environment, the City shall take steps to ensure
Planning and Zoning Boar iaff Report
Parc Place North at Delray Beach - Conditional Use Request
Page 6
that modifications ,in and around the neighborhood do not lead to its decline,
such as those described in the following policy.
Housina Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on
the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
The proposed mixed-use and townhouse project will provide a transition between
Federal Highway and the less intense residential neighborhood to the east. As noted
previously, staff is recommending that the massing of the townhouses and
condominiums be reduced along the east portion of the property to mitigate the impact
on the single family neighborhood, The issues with respect to safety, habitability and
stability of the neighborhood should be improved by introducing additional homeowners
into the area.
PERFORMANCE STANDARDS FOR DENSITY INCREASE:
lOR Section 4.4.6 RM Zone District:
Pursuant to lOR Section 4.4.6 (A) Purpose and Intent: The Medium Density
Residential (RM) District provides a residential zoning district with flexible
densities having a base of six (6) units per acre and a maximum of twelve (12)
units per acre. The actual density of a particular RM development is based upon
its ability to achieve certain performance standards which are intended to
mitigate the impacts of the increased density and ensure that the project is
compatible with surrounding land uses. Further, the Medium Density Residential
District provides for implementation of those objectives and policies contained
within the Housing Element of the Comprehensive Plan, which call for
accommodating a variety of housing types.
lOR Section 4.4.6(1) Performance Standards:
Pursuant to lOR Section 4.4.6(1)(1) These standards shall apply to all site plans
approved subsequent to October 7, 1997 and for modifications to existing
developments which involve the creation of additional residential units. In order
to increase a project density beyond six (6) units per acre, the approving body
must make a finding that the development substantially complies with the
performance standards listed in this section. The intent of the standards is to
mitigate the impacts of the additional density both internal and external to the
site. The extent to which a project meets the standards will determine the
number of units per acre that will be permitted. For example, if a project meets or
exceeds all of the standards, and is otherwise consistent with applicable
standards and policies of the City's Comprehensive Plan and land Development
Regulations, the maximum density is permitted. Projects which only partially
Planning and Zoning Boar<. .3ff Report
Parc Place North at Delray Beach - Conditional Use Request
Page 7
achieve these standards will be permitted a correspondingly lower density. The
performance standards are as follows:
The density of the proposed development including the 45 townhouses and
condominiums is 11.69 dwelling units per acre, which requires a finding of substantial
compliance with all applicable Performance Standards as noted below.
(a) The traffic circulation system is designed to control speed and reduce
volumes on the interior and exterior street network. This can be accomplished
through the use of traffic calming devices; street networks consisting of loops
and short segments; multiple entrances and exits into the development; and
similar measures that are intended to minimize through traffic and keep
speeds within the development at or below 20 m.p.h.
The internal street network is a loop road that provides access to the 27 interior
dwelling units. This loop road has short segments which will control the vehicular
speeds. However, the loop road is 24 feet wide and has a one-way circulation. The
width of this one-way loop road will facilitate residents and guest to park within the
drive aisle, This one-way loop should be converted to two-way and is attached as a
condition of approval. It is noted that this will necessitate the reconfiguration of the
security gates. Based on the above, a finding can be made that this development
substantially complies with this performance standard.
(b) Buildings are placed throughout the development in a manner that reduces
the overall massing, and provides a feeling of open space.
The three townhouse groups consist of 6-unit structures. Given the configuration of
the property and the required 30-foot separation, the two townhouse groups at the
southeast corner of the property have a significant open space between the
structures, The townhouse group along the east side of the property has extensive
rear yards due to this property configuration. As noted previously, the massing of
the townhouses along the east side of the property will have an adverse impact on
the residential neighborhood to the east. Further, the four story condominium
building at the northeast corner of the garage should be reduced to three stories.
Based on the above, a finding can be made that this development substantially
complies with this performance standard provided that the massing of the
townhouses and condominiums are reduced,
(c) Where immediately adjacent to residential zoning districts having a lower
density, building setbacks and landscape materials along those adjacent
property lines are increased beyond the required minimums in order to
provide a meaningful buffer to those lower density areas. Building setbacks
are increased by at least 25% of the required minimum; at least one tree per 30
linear feet (or fraction thereof) is provided; trees exceed the required height at
time of planting by 25% or more; and a hedge, wall or fence is provided as a
visual buffer between the properties.
Planning and Zoning Boa ;taff Report
Parc Place North at Delray Beach - Conditional Use Request
Page 8
The subject property is bordered on the east by SF (Single Family - Town of Gulf
Stream), The required rear yard setback in the GC zoning district is 10-feet. The
townhouses along the east side of the property are setback the additional 25% (12.5
feet), The minimum required tree and palm height is 12-feet. The applicant
proposes to install 14-foot high Pigeon Plum and Live Oak trees together with 14-
foot to 20-foot Washingtonia Palms along the east side of the property. It is noted
that finding 14-foot Pigeon Plum trees is unlikely and that this species will likely need
to be exchanged and will be addressed during the site plan process. A condition of
approval is attached that the trees or palms are planted at a minimum height of 15-
feet. Further, the Washingtonia Palms along the east side of the property should be
grouped and shade trees installed in the gap between the townhouse groupings to
provided visual protection from the larger condominium structure to the west and this
is attached as a condition of approval. Finally, the applicant proposes to construct
an 8-foot high concrete wall along the eastern property line, Based on the above, a
finding can be made that this development substantially complies with this
performance standard provided that the trees and palms along the east side of the
property are installed at a minimum height of 15-feet and the shade trees provided.
(d) The development offers a varied streetscape and building design. For
example, setbacks are staggered and offset, with varying roof heights (for
multi-family buildings, the planes of the facades are offset to add interest and
distinguish individual units). Building elevations incorporate diversity in
window and door shapes and locations; features such as balconies, arches,
porches, courtyards; and design elements such as shutters, window mullions,
quoins, decorative tiles, etc.
The architecture of the townhouses is a contemporary architectural style. The front
fa<{ade of the mixed use building is finished with reveals, horizontal siding, and
smooth textured stucco. The roof line has a decorative parapet cap that is broken
by an arched parapet with a clock and a stair tower with a standing seam metal
roof. It is noted that the parapet is allowed a maximum height of 6 feet above the
48 feet maximum height and a reduction to this element is required and attached as
a technical item. The roof line needs to be varied in height to provide interest to the
fa<{ade and raised sufficiently to completely screen the roof-top mechanical
equipment such as the air conditioning units. Balconies are provided with an
awning. The windows are all one style with the same window molding treatment.
The condominium units are also a contemporary architectural style. The structures
contain a standing seam metal roof with opposing gable features. The fa<;ade of the
condominium units include variations of stucco reveals and horizontal siding. These
elevations also have a variety of window styles that includes ornamental fixed
windows, c1ere-story windows and standard windows. An interesting architectural
element is the use of pairs of multi-story bays that terminate at the third story and
include fish scale siding. The garages are all single doors with the same style. The
front doors are also all the same style with the same architectural treatment. The
front doors have an acrylic awning that is attached substantially higher than the
front door.
Planning and Zoning Boarc 3ff Report
Parc Place North at Delray Beach - Conditional Use Request
Page 9
The townhouses have a contemporary interpretation of the Key West style, The
roof is standind seam metal with opposing hip and gable feature. Some of the
gable roofs have a fish scale siding. The balconies have decorative columns and
brackets together with acrylic awnings. The garage doors are varied between
single and double doors. The treatment of the windows is varied and includes
decorative headers and sills, shutters, and awnings. The front doors and entry
feature could be varied to provide a better distinction between units. The rear of
these units contains virtually none of the decorative treatments exhibited on the
front of the units. These rear elevations are monotonous and bland,
In summary, the architectural treatments for the mixed-use building and the
condominiums are out of proportion and contain no rhythm, The architectural
expression of the front fa<;ade of the townhouses is more in keeping with the
architectural consistency that the City has come to expect. However, this balance
of architectural expressions has not been carried through to the rear of the units.
Based on the above analysis, a finding of consistency cannot be made that the
development is consistent with this performance standard.
(e) A number of different unit types, sizes and floor plans are available within the
development in order to accommodate households of various ages and sizes.
Multi-family housing will at a minimum have a mix of one, two and three
bedroom units with varying floor plans. Single family housing (attached and
detached) will at a minimum offer a mix of three and four bedroom units with
varying floor plans.
The following table identifies the mix of residential floor plans that are included in the
proposed development:
Unit
1 bedroom, 2 sto
1 bedroom, 2 sto
1 bedroom, 2 sto
3 bedroom, 2 sto
3 bedroom, 3 sto
3 bedroom, 3 sto
Quantit
12
2
4
12
13
2
The table indicates that a variety of one and three bedroom units will be provided.
Despite not having a four bedroom unit, families can be accommodated in the three
bedroom units. Based on the above, this standard has been substantially met.
(f) The development is designed to preserve and enhance existing natural areas
and/or water bodies. Where no such areas exist, new areas which provide
open space and native habitat are created and incorporated into the project.
The property does not contain an existing natural area or water body that warrants
preservation, The conceptual plan indicates that native habitat areas will be
Planning and Zoning Boa jtaff Report
Parc Place North at Delray Beach - Conditional Use Request
Page 10
provided at the northwest and southwest comers of the property along Federal
Highway. These areas are densely planted with various native landscaping
including Bald Cypress and Sabal Palms, While these areas are too small to
function as nature preserves, they will comply as additional open spaces.
Therefore, compliance with this standard is achieved,
(g) The project provides a convenient and extensive bicycle/pedestrian network,
and access to available transit.
The development plan includes the installation of a bus shelter along Federal
Highway (easement noted on site plan), Further, limited sidewalks are provided for
residents to access the recreation facilities on the parking deck. Based on the
above, a finding can be made that the development substantially complies with this
perforl11ance standard.
In conclusion, the applicable performance standards are (a), (b), (c), (d), (e), (f) and (g),
A finding can be made that the proposed development complies with these performance
standards provided the conditions of approval are met. As noted, there are concerns
with respect to the impact that the three story townhouses and the four story
condominiums will have on the adjacent single family neighborhood to the east.
Conditions of approval are attached that the condominium units at the northeast comer
of the garage are reduced to three stories and the end townhouse unit along the north
side of the property be reduced to two stories. Further, the end townhouse unit along
the east side of the property needs to be reduced to two stories or relocated to the
south. There is a concern with respect to the lack of architectural treatment particularly
to the rear elevations of the townhouses and the elevations of the mixed
use/condominium structures. A condition of approval is attached that the townhouses
provide more variation in the front doors and entry features and that the rear elevations
be revised to provide additional architectural treatment consistent with the front
elevations. Further, that the condominium elevations be revised to provide more
variation in windows, garage doors, and front doors and that the Site Plan Review
Board addresses the general architectural treatment (Le, material selections) of the
condominium/mixed-use building, If the proposal is revised to address all conditions of
approval, a positive finding can be made that the development proposal complies with
all six of the applicable performance standard and a density increase to 11.69 dwelling
units per acre can be supported.
LOR Section 4.3.3(0) (Townhouse Design Standards):
As described below, the development proposal complies with the design
standards for townhouse developments outlined in LOR Sections 4.3.3(0)(4)(a)
through (d):
a) No more than two townhouses may be constructed without providing a front
setback of no less than 4' offset front to rear.
The purpose of this requirement is to prevent a long linear appearance, The
proposed development consists of 5-unit townhouse buildings. These building have
Planning and Zoning Boar<. 3ft Report
Pare Place North at Delray Beach - Conditional Use Request
Page 11
been designed with a recessed door alcove that has a 4-foot offset from the front
fac;ade. However, the entire front fa<;ade has not been designed with the required
4-foot offset. Therefore, a condition of approval is attached that a 4-foot offset for
the entire front fac;ade be provided,
b) No townhouse row shall consist of more than 8 units or a length of 200'.
The maximum townhouse row consists of five dwelling units, which are 166 feet in
length, thus meeting this code requirement.
c) Service features, garages, parking areas, and entrances to dwelling units
shall, whenever possible, is located on a side of the individual lot having
access to the interior street. Walkways should be designed to connect
dwelling units with each other and connect each dwelling unit with common
open space.
The garages are oriented toward the interior street system,
d) Not less than 25% of the total area, less water bodies, shall be usable open
space, either for recreational or some other suitable purpose, public or
private.
The basis for this standard is to assure that larger residential developments provide
adequate recreational amenities, With smaller developments, provision of these
amenities is not considered financially feasible, and the required contribution of
$500,00 per unit (park impact fee) is considered adequate. It is noted, however,
that 25% of the site will be landscape/open space area, which can be used for
passive recreational purposes,
LOR SECTION 2.4.5CE) - REQUIRED FINDINGS:
Pursuant to LOR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the
City Commission must make findings that establishing the conditional use will
not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The subject property is bordered on the north, south and west by GC (General
Commercial) zoning and on the east by SF (Single Family - Town of Gulfstream), The
adjacent land uses consist of commercial to the north, south and west, and single family
residential to the east.
The proposed townhouses will provide a transition from Federal Highway, As noted
previously, the townhouses along the east side of the property needs to be reduced to
Planning and Zoning Boa, ,taft Report
Pare Place North at Delray Beach - Conditional Use Request
Page 12
2-story units and the.4-story condominium building at the northeast corner of the garage
need to be reduced to three stories to achieve compatibility with the lower intensity
single family neighborhood, Further, the tot lot needs to be relocated to the south side
of the property and additional trees need to be installed along the east side of the
property to mitigate the massing of the proposed development each of which are
attached as a condition of approval. The additional residents should improve the
stability and vitality of the adjacent commercial areas as well as the neighborhood by
increasing the number of "eyes" in the neighborhood.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a sketch plan was submitted
which staff has reviewed. It is noted that the conceptual plan is insufficient to
conduct a complete analysis of the Land Development Regulations. If the
Conditional Use is approved, a full site plan submittal complying with LOR
Section 2.4.3 will be required. Based upon staff's review of the sketch plan and
site inspections, the following analysis is provided.
Townhouses and Townhouse Type of Development:
Setbacks:
Pursuant to LDR Section 4,3,3(O)(3)(c), setbacks interior to the project with respect to
side and rear lot lines shall not be observed; but in-lieu thereof structures (dwelling unit
groups) shall not be located closer than twenty-five (25) feet fora two-story structure,
nor thirty-feet (30) for a three story or greater structure. The proposed separation
between the three story townhouses at the southeast corner of the property is 37 -feet.
The separation between the townhouses at the northeast corner of the property is not a
concern since they significantly exceed the separation requirement.
LOR Section 4.3.4(K) Development Standards Matrix:
The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it
pertains to the Medium Density Residential (RM) zone district:
One Bedroom Unit
Three Bedroom Unit
600 sq, ft.
1,250 sq.ft.
40%
25%
1,185 sq,ft.
2,508 sq.ft,
52.58%
25%
The following table indicates that the proposal complies with LDR Section 4.4,6(F)(3)(a)
as it pertains to the General Commercial (GC) zone district:
Side Interior (north)
Side Interior (south)
Planning and Zoning BoaL .aff Report
Parc Place North at Delray Beach - Conditional Use Request
Page 13
Rear
10'
12,5"
48' 48'
North Federal Highway Setbacks:
Pursuant to LOR Section 4.4,9(F)(2)(a), parcels shall have a minimum front building
setback of 5 feet measured from the ultimate right-of-way line. The maximum setback
shall be 15 feet unless it can be demonstrated to the Site Plan Review and Appearance
Board that it is not feasible to comply with this standard, The proposed setback of the
mixed use building along Federal Highway ranges from 10 feet to 15 feet. However, the
setback to the northern townhouse is 63 feet, and 75 feet for the southern townhouse,
The applicant has submitted a request to waive this requirement, which will be
considered by the Site Plan Review and Appearance Board during the site plan
process.
Special Landscape Area:
Pursuant to LOR Section 4,3.4(H)(6)(b)(2), a 10-foot special landscape area is required
along North Federal Highway. The proposed walls along the north and south sides of
the property are located with the required special landscape area. A condition of
approval is attached that the walls are located out of the landscape area.
Special District Boundary Treatment:
Pursuant to LOR Section 4.6.4(A)(2)(a), where the rear or side of commercially zoned
property directly abuts residentially zoned property without any division or separation
between them, such as a street, alley, railroad, waterway, park, or other public open
space, the commercially zoned property shall provide a 10-foot building setback from
the property line located adjacent to the residentially zoned property. In addition, either
a solid finished masonry wall 6-feet in height, or a continuous hedge at least 4.5-feet
high at the time of installation, shall be located inside and adjacent to the portion of the
boundary line of the commercially zoned property which directly abuts the residentially
zoned property. The proposed development complies with these requirements since a
12,5-foot setback is provided and an 8-foot wall is provided along the eastern property
line.
Parking Requirements:
Pursuant to LOR Section 4.6.9(C)(3)(a), the required parking for the 6,435 square feet
of retail floor is 29 parking spaces. Per LOR Section 4,6.9(C)(4 )(a), the required parking
for the 35,647 square feet of office floor area is 125 spaces, The required parking for
the 45 multiple family dwelling units is 99 parking spaces, Pursuant to LOR Section
4.6,9(C)(8)(a), the total required shared parking for the proposed development is 241
parking spaces including 91 rese/Ved spaces for the townhouses, condominiums, and
the 10 surface guest spaces located behind the security gates. The proposed
development exceeds the parking requirements since 242 spaces are provided on-site.
Planning and Zoning Boa. ,taft Report
Parc Place North at Delray Beach - Conditional Use Request
Page 14
Other Issues
Right-of-Way Dedication:
Pursuant to Table T-1 ot the Transportation Element ot the Comprehensive Plan, the
ultimate right-ot-way tor North Federal Highway is 120' and currently only 100' ot right-
ot-way exists, Thus, the west ten teet ot the subject property must be dedicated tor
North Federal Highway right-ot-way. The conditional use sketch plan depicts the
dedication ot the ten teet ot right-ot-way; however a right-ot-way deed dedicating the ten
teet ot right-ot-way must be provided and accepted by the City Commission via are-plat
ot the property. This item has been attached as a condition ot approval.
Lighting:
A photometric plan has been submitted that demonstrates compliance with LOR
Section 4.6.8, A technical item is attached that an elevation detail ot the garage
driveway is provided that identities how the ceiling mounted light fixtures will be
screened trom view.
Bike Racks:
Pursuant to Comprehensive Plan Transportation Element Policy 0-2.2 and LOR
Section 4.6.9(C)(1 )(c), bicycle racks are required tor all new development. The
development proposal complies with this requirement since bicycle racks are provided
at the north and south ends ot the mixed-use building along Federal Highway.
Sight Visibility:
Pursuant to LOR Section 4.6.14(A), a 20-toot visibility triangle is required at the
intersection ot access ways and public rights-ot-way, The required visibility triangles
have been graphically noted on the plans. However, they are measured from the travel
lanes of Federal Highway, There are no obstructions in the sight visibility triangles
when they are measured from the ultimate right-ot-way line. A technical item is
attached that the visibility triangles are provided based on the ultimate right-ot-way.
Stacking Distance:
Pursuant to LOR Section 4.6.9(0)(3)(c)(2), provisions must be made to provide for 100-
feet of clear stacking in advance of all guardhouses or security gates, A stacking
distance of 96-feet is proposed for the visitor stacking lane along the south side of the
property. Given the tight radius of this stacking lane, a condition of approval is attached
that a maneuvering template be provided that demonstrates the ability ot vehicle to
navigate this area. Further, the applicant has submitted a waiver request to reduce the
stacking distance.
Planning and Zoning Boar ;aff Report
Parc Place North at Delray Beach - Conditional Use Request
Page 15
Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Waiver Analvsis:
The applicant has submitted the following narrative in support of the waiver request:
"100' clear stacking required in advance of security gates. We have provided 96' and
request approval of this 96' considering the fact that this entry serves only 27 residential
units. "
The 4-foot deficiency will not significantly affect the capacity of the stacking lane given
the number of dwelling units it serves, The concern with this stacking lane relates to
the tight turning radius and the ability of drivers to maneuver this area. If this area is
not maneuverable it will become unnecessary paved area and guests will utilize the
garage parking solely, Based on the above a positive finding with respect to LOR
Section 2.4.7(B)(5) can be made.
The proposed development is not in an area that requires review by the Downtown
Development Authority (DDA),
Community Redevelopment Aaency
The Community Redevelopment Agency (CRA) considered the development proposal
at its meeting of March 9, 2006. The CRA had the following comments:
1. The project seems too massive,
2. The four story mixed-use building fronting on North Federal Highway needs
additional variation in the front setback to break up the mass of the building,
3, The one-way traffic circulation system is problematic.
Planning and Zoning Boar\. jaff Report
Pare Place North at Delray Beach - Conditional Use Request
Page 16
Site Plan Review and Appearance Board:
-
If the Conditional Use request is approved, a site plan application will be processed for
the development proposal, with final action by SPRAB.
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations and
interested parties, which have requested notice of developments in their areas: .
~ Progressive Residents of Delray (PROD)
~ President's Council
~ Neighborhood Advisory Council
~ Au Soleil
~ La Hacienda
~ Kokomo Key
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. During the review process of the conditional use request, staff has
been in contact with the Town of Gulf Stream and residents of Au Solei!. They have
expressed concerns with respect to the buffering of the proposed development from the
single family neighborhood, The Town of Gulf Stream has submitted the attached letter
of concern with respect to the proposed development. Any additional letters of support
or objection will be presented at the Planning and Zoning Board meeting,
As described in this staff report, there are several concerns regarding the incompatibility
of the development with respect to the single family neighborhood to the east. The
height of the townhouses along the east side should be reduced to 2-stories and the
height of the condominiums along the east side of the garage reduced to 3-stories.
Further, there is a concern with respect to the lack of architectural treatment on the rear
of the townhouses. It is also noted that the elevations of the mixed use building and the
condominiums should be revised and this must be addressed during the site plan
review process. The proposed use is consistent with the objectives and policies of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive
findings can be made with respect to LDR Section 2.4,5(E)(5) regarding compatibility of
the proposed development with the surrounding properties that support the requested
increase in density, provided that the height of the structures are reduced and that
additional architectural treatments are provided on the rear of the townhouses, and to
the mixed use structure.
A. Postpone with direction.
Planning and Zoning Boara .dff Report
Parc Place North at Delray Beach - Conditional Use Request
Page 17
B. Move a recommendation of approval to the City Commission for the waiver and
conditional use request to allow a free-standing multiple family development in the
GC zoning district for Parc Place North at Delray Beach, by adopting the findings
of fact and law contained in the staff report, and finding that the request is consistent
with the Comprehensive Plan and meets criteria set forth in Section 2.4,5(E)(5),
2.4.7(8)(5), 4.4,6(I)[Performance Standards], and Chapter 3 of the Land
Development Regulations.
C. Move a recommendation of denial to the City Commission for the waiver and
conditional use request to allow a free-standing multiple family development in the
GC zoning district for Parc Place North at Delray Beach, by adopting the findings
of fact and law contained in the staff report, and finding that the request is
inconsistent with the Comprehensive Plan and does not meet criteria set forth in
Section 2.4.5(E)(5), 2.4.7(8)(5), 4.4.6(I)[Performance Standards], and Chapter 3 of
the Land Development Regulations,
8y separate motion:
Waiver:
Move a recommendation of approval to the City Commission of a waiver to LOR Section
4,6.9(D)(3)(c)(2), to reduce the required stacking distance from 100 feet to 96 feet in
advance of the security gate, based on a positive finding with respect to LOR Section
2.4.7(8)(5),
Conditional Use:
Move a recommendation of approval to the City Commission for the conditional use
request to allow a free-standing multiple family development in the GC zoning district for
Parc Place North at Delray Beach, by adopting the findings of fact and law contained
in the staff report, and finding that the request is consistent with the Comprehensive
Plan and meets criteria set forth in Section 2.4.5(E)(5), 4.4.6(1)[Performance Standards],
and Chapter 3 of the Land Development Regulations, subject to the following
conditions:
1. Approval of a site plan by SPRA8 that is in general conformance to the submitted
sketch plan and addresses the "Exhibit "A" - Technical Items" attached in the staff
report;
2. That the architectural treatments for the mixed-use building and the condominiums
are revised to achieve better proportion and rhythm, This should include more
variation in windows, garage doors and front doors together with greater variation in
building materials. The rear elevations of the townhouses must be revised to
provide an architectural expression that is consistent with the front fac;:ade and that
Planning and Zoning Boare. 3ff Report
Parc Place North at Delray Beach - Conditional Use Request
Page 18
additional variatiqn be provided in the front doors and entry features. These issues
will need to be addressed during the site plan review process.
3. That the roof line of the mixed use building is varied to provide interest and to
completely screen the roof-top mechanical equipment. Modifications to the clock
feature to meet the maximum parapet height of 6 feet will be required.
4. That the condominium units at the northeast comer of the garage are reduced to
three stories and the end townhouse unit along the north side of the property be
reduced to two stories. Further, the end townhouse unit along the east side of the
property needs to be reduced to two stories or relocated to the south.
5. That a 4-foot offset for the entire front fa9ade be provided.
6, That the tot lot be relocated to the south side of the property and additional trees be
installed along the east side ot the property.
7. That the one-way loop is converted to two-way and the security gates are
reconfigu red,
8. That the walls proposed along Federal Highway are located out of the required 10-
foot special landscape area.
9. That 10-feet is dedicated to the Federal Highway right-ot-way along the west side of
the property.
10. That the Washingtonia Palms along the east side ot the property are grouped,
shade trees installed in the gap between the townhouse groupings, and material size
to be increased to 15 feet minimum,
11. That a maneuvering template is provided that demonstrates the adequacy of
vehicles to negotiate the visitor stacking lane,
12, That parking is prohibited in the internal loop road and that homeowners documents
prohibiting this are submitted.
13. That the one-way loop road is reconfigured to a two-way road and that the guest
parking spaces are realigned to provide a 90 degree angle.
Attachments:
. Exhibit "An
. Conceptual Plans
. Location Map
. Letter of concern
Report prepared by: Scott D, Pape, Senior Planner
Planning and Zoning Boare dft Report
Parc Place North at Delray Beach - Conditional Use Request
Page 19
1. Pursuant to LOR Section 4.3.3(0)(2), a plat will be required.
2. That the applicant remits the contribution of $7,500 for the construction of a bus shelter.
3. That an elevation detail is provided of the garage entrances that demonstrate that the ceiling
light fixture will be completely screened by a fascia or structural beam.
4, That the required 5-foot landscape strip is provided between vehicular areas and adjacent
property lines,
5, That a revised traffic impact statement and letter be submitted from the Palm Beach County
Traffic Engineering Division with respect to a finding of concurrency.
6. That the applicant provide improvements to the turning lanes at the intersection of Federal
Highway and SE 23rd Avenue (Gulf Stream Boulevard) and that an exclusive left-turn lane
be provided in the southbound lanes of Federal Highway to provide access to the property in
accordance with direction by the City Engineer and Palm Beach County Traffic Division.
7. That the Site Plan Review and Appearance Board consider a waiver request regarding the
setbacks of the townhouses along Federal Highway.
8, That the visibility triangles are provided based on the ultimate right-of-way.
9. That the conflicts between landscaping and utilities are resolved in accordance with
direction by the City Horticulturalist and City Engineer.
10. That vision obscuring gates are provided for the dumpster enclosures.
11, That the applicant seeks to underground the overhead lines along the east side of the
property in order to eliminate conflicts with the proposed trees.
12. That a plat be recorded prior to issuance of a building permit.
13. That a composite utility plan that includes the landscaping be provided.
14. That a knox box is provided for the security gates.
15. That a vertical distance of 13.5-feet is provided through-out the property including the
garage,
16. That the maximum height of the parapet is 6 feet.
..,-~-
c__~__
III II i I
I
~ . i I j
,I I.
I ! ! ~II
.. . . .
i ;
1 I '"i I
i: hB
I . .
I ! ! Iii
s; i ~ .
I ! ! liB
i i i . .;
I II in I
Iii . ~ .
I! I
J,
iT'
I
1
(9 1
-r-
I
I
I
1
I
r
.
I
l
J
~
.
j
I ;. II Iii
s ; I ! ~
! I . ~
! 0
II ' , i ~
~ 5
U
..
ii i' Ii I .,
Ii !: - , l
Ii Ii I . ~ ,
Ii II
;; , . . . , .. I
II
III il I
II i
.-. 'H"_"
~ III
, ,.
'If
I
,. ';"."
i\
1
1
I
I
I
1 ... .. .. R' ...7 1[5
J 2I1U".B.1lId 06"04 E. II'
F ~~::-I_j~~~~GiJf~.(
I p = }_ ~ = ~ Ii !I\.: b li\
I- . 11.'-)1 A~ ~1' Q::' ~;'j' -. 1~~- Q ~r..~..-. __u. ~\'\~
Ii ,"fa v I tl' t1' Ell'..,; ,'. \
t 'ir1"~1\J~ Gb~n\('~rn ~ ;l ;l j :l ~ iun-n -\
IJ )" ,0 \, ~.~ ffiI un.. n'U iI ff=i 7=_ ~; : '\.~
l' ~ ~\j[} -.9) ~ ~ ~ 'F.Fffi ~
r. ;rr ~l~:~, 11, ~_\ ,P /. \J i. f~i :,11 i II i T fri ~, · Ul ~~"', \(" i
t' I' 'f',!l,-=:in'jf ~ '~'c . ' . rl:~1 -~';',','\\ ·
, "I , ,.!i1 ~ - ~ IJ rr .... ' ' ;
f' ~.,' ! ~ i . I!~ ~ --i4L:Jl ~i 11'" i
I ' ~. '.. '.,.... ".... ID- i 0 J I. .r.~ YY.JJ " .'. il.', .l.,:' 1
I "", '1 . '.' ----' - ..:...:.... ~~~.... . , fl .\,. ~
A ;!L~~" =1 -,~ ~ ~:i i!~": ~
~, :". :,."1"~" ._.--' ..!........... .............! ----r"1~;, ~"" ," ,:to
I .~~ _ I' I : ~ '. ""#0
. ! _~I} !:~ '3, E 1~-1 ~:_ ~~~~\
! OJ , r. I,~L:~ .-..! ~- .!......... ~. IGJ .: i,', '"n '".... i' ~
( : ~ ~:~ ~ f"- ~ ;~ iij I~ ~lli./"\ 1
ll: , L:w I' .-..! .!..........[ .............!u - . ;.... A ~\
f : ,! ~;; ~ ~ f ~ ~ ~ ~ : ill /".' ''\-
.. .: I I "~! ',II ~ ,=i ~ t:: 1--\:l'" ~~ k f TWn~;. --;~.\ \~ ~
/, i il' 'E..-:!I" ~.. - _..I": 8" ;~~ I ,,\\~~
I r-;:."Z@ ~ ~ ~ ---1-11 ~, I L ! ~ \
" , - I~ ,.".i...1f :i7.,., ~. 1 ~.~ 2:::.i:~ ,. 1 U 3.: a '"'fl ~ H '.: !'!;-t ' \ \ [I.
, ~ -~'7 i== ~ ')~: r ~
r-- il _..t : ~ i I if ~~: I..~ _.~ n : I !(li.- r', i"'
.. f :IJ ~~ j i~l ~/i:!ll b~~-I I l~tJ ,~~ ~ H;W r'! \ \
I m~l : .<[1': t- m ~~. .. '-" ~~~"J ']~,:'-~~ U~. \
I. I~I~"li&~[l:jJ J8; '~;l r;~rw ~~i : ~
I; I ': I: ~<"f;'~;'"i")!;:'~q ~~~J1....; . \
~ i~~::,'.",., :.1). ,iJ,fA;~l'~ n~~ ~l' ~w. '~~~k~~t~::;'_i \
...! U A' "~~l f . tl ~ L- ~ ~ n ~ ~l: row q li .. \
~~._ n.~ ;.:.;',: J-J~ frn."l ~nn_~ ~ _...~v -1:- _i~ ~ -..... - - - ~
I ., -rr::-I~-R' 4l .2S"~~1lId S"04~~ \r. ., ".~
~ ...1 ,... \ _.,~
I1~
~.i
.
;
.
,
~
PARC PLACE NORTH AT DELRAY BEACH
NORTH FEDERAl HIGHWAY
DElRAY BEACH. FLORIDA
'Ia ~ III
I,: ~qi
-, IJ
II .
t!r ,Ii
1[11 J(
II Ii
!h It
I rr jt
il tl
" II
I U
11 n
'r -,
Ir n
f - ;,
t 1 ..
l 1 ~.
! i if
, u
.~
l:
~~
II
mm(
n
mm
mn'
in
Hi
"I 1111111
! .
H. Ili III
IInH
; : : f! !
j
i
III 1111 i III
, 'I """I
iI iiiiil
Ii
f ..~ Ii'll
III i.
I Ii Nrl
! HIINI
t I
!{
h
iP
"; J
I {
Ii
.
~
.
t
(
b;dONE ~
---
,..-...-....-.. !IJIOlfRI'fJljl__
----.. ...-'-' """-
*--
,--..........--
---_._--_._.._--,_._--_..~._-~-----~-~-~-~_.--
i
I:
L.
,
i '
! ': t:J~~~~~'~~~~-I~c~-~~T-~~~-:-...~., ..~'T--'-..'''....-
--
:
:U'C'" .J" . J"'''''~' u -.J.muu".~\
I~~:~:~~~.\Z
. '
.. ~....
, ' :: ~ "., ,.., "'< , ..~
, j,,',- (\~~~c~. .r~'!;:flp..~~\>
\. '" - - '- ~ ..... '1-....) ,\,
r I -~ I, J'" ~~ i T' ~' , ','.:! L~'
. ~f ~ I u 1d :~ I "I"" .."j; "::;;:J:
," I ... "' I ~ ~.-l,
1- . (!r.. C I --:-, [..-'1 ~ . ..
CI ~ ~ -- E= ;1I,j..'~;: ~ ~i r
~~~~ ~~~
. ~~ ~~~: =t t: r~: LX. /'\r~:..,
. I . ~'_' ~ ~ ~ ~~ ", :J: /'\ I' m:\\
- I ~~ ..-.! 3 ~m ...:......! n~ Id. L, /-\ I "\
i ~ V ~ ~. ~~ '.~" I tl~ I /\" \
) --o--Q y..-- -t' ~ f-- ~ '~~ ~ ~~r' · :/\ ~~\
· ~f r ::J' L"i ____ul ~ (:.....unu.1:':: ,.-~.
j I +=- =i ~ i:: -rn, ~:U~ ~\\ \\
r---- I I 1 !~ ...;;:J: , I =- I ! \
" ~~".~ .'0i '~: - b.' :K': ~~:"l, ~ ,.~~~: :\
~!" I' . ~~ s ."__ 1 li.J.I8~ r I: ~ r.. . \
. ~J~,t In! n- ;" I' nJ:T;1" I ; r r.~j:; " ~~ ~; ~ ,\ :
I :~I-L m--liJUI- p-/~.,1!l:n: ~& 1,Ii ...\,\~\
'", ~~\~.-I-. 'i~" -~ .j;: r:~aJJ~
(~I!t~ ~~ H'L ~ ~I!\-< :: n...c'< ," I: m I " ,\
'-.. ,~. p::::.' ,""" :""":K :l: .._~_.:\ ...... '.-. -- :" :.\~ ~ ~ ~~ i\ ~\
" , \, ' ~ , 1';- Il \
i 'I~~~~~~~~. ;))-- i~\\\
. I . .,.~.. --....-. ._~c ~-~.~:~~~~::~=...:::......::~:..:=:.... .'..- H"t-. K< I
1
iijP
'III
II
l:
1 I
I,
\.
I..!....-
\
. \
...
,
PARe PlACE NORlH AT DELRAY BEACH
NORTH FEDERAl HIGHWAY
DELRAY BEACH, FLORIDA
~L1WO ~
-~-
::-:::::.-=:=.- ~llIII"_
_____'" ~,_< MC_
.~ -.--.- ---_._-_.._._---~-_.._.~--~~---_._."-
-.-.-- -------_.__.~._------~-------~--_._--~._-~-
,,--1-
_...-.--....~-
II
j"
J ...... 1
-' ~-~~....-~~, -~~...._- ~~~.- - -~~,
- t..,
;
\
\\
"\
,/'\
./ \r~'
/\, ;,\,
/\ ,'~;\
, /\ 1,\\ .,~ ~\
/' "'. \":,)
'/,' I ','J\
>< .~,~\
/\ I.o{~\\
I i _ (~--~- ,~- '\
". '.' -.:,,!, \ lffJ /
IH :\"' j'i!J / .
l' ~ \"\ ~} I
\, ,j)
'''-____r_..-''.~
('
---~l ,-,.__._~,--~~-j
,_- _._ ,.L, _ ~_,._J
.....,'.'.'.1..'.."
. '--'-~'-'---'-').~""
I
r
.
PARe PLACE NORTH AT DELRAY BEACH
NORTH FEDERAl HIGHWAY
DELRA Y BEACH. FLORIDA
~~
THREE
---
==-:=-.::'...":.. ~....~
_~..._.. .--._, A/lC__
---
C'-_""'-'_
i
I:
'.
'\
.~
\ \
'. \
.. \
\ \
\
--- -~j~~~~
l
L.
1 1
" ~~~~~-=-?=-==-~~r - ~ ~-~=~~~T--= ~~=- ......
~\\
. .0) " ..,.,=.. c. " -...=-'~, ,. 1\. \
:: L.
;/~'\);
..__u..-1.___.,- ..._...._......m.........
I;
i i l
:L6
"..r._..u..~.~~~...
,
r
PARC PLACE NORTH AT DELRAY BEACH
NORTH FEDERAl HIGHWAY
DElRAY BEACH. FLORIDA
~EVEL ~
FOUR
---
:::=.=.=.::..<:'" -...nB:l...._
_4"'_." _._< IN:._
---- --~--~,-------------~_._~--_.._-_.._..-_.
-~-_._~..._---_._-~-~-~~._~-
-......-
c__--....__
~ ?
.
II
Ii
)>1
I
OJ
H
I I
! I
111&111~PMRwd
BoaoRlllool.Fbm 33.c3:2
PARe PLACE NORTH AT DELRAYBEACH
NORTH FEDERAL HIGHWAY
DElRAY BEACH. FLORIDA
~LEVATIONS ~
-Slwet1
---
::=:=--..=:-:::::"'- -'t'CTM"_
-"...-.. _,_ L UC_
41>1 EUJlJI>. Ilol(;..
r-'-'--- .-.----..- -
~- -~- -~-----~------ ----- -----_.~~~~--
w__
c.__......-..."'-
f
~~
... 1
!d
, I!
I, ~ I I
~:>J q,' . i ,,~~
~ I - ~.
PARC PLACE NORTH AT DELRAY BEACH
NORTH FEDERAL HIGHWAY
DELRAY BEACH, FLORIDA
~LEVATIONS ~
-Sheet2
'~___" ....0iflI.E_
___~_._ AIICl'A'ECTlIlI_l_
_...._.. __,_ < NC_
~ J -. - J ~ ~ ~ . ~. ~. - Q
II i Ii i i t it I Ii Ii ii i i i Ii ~
lit I If J I I III I II" II II I I l!l ~
I . I I" I t II I ~ ~ I -; ."
r 1~ !,' tW I I! i I II~ I I 'I I I! i
t ~ ~, t I I!I ~ J~ -
f. Iii I I; II.j ! i ! I ,! ~
I! 1}1;!1 I I ~ ,Ii I i I I Ii ~
J I I I iff .: I ,"
t I, I I J ," J I i Ii I f I "I
~ 'l~ Ir ~'I 'I) I
! J I J f I ! ~ I i ~", I ~I
r "I .. I'
. I W I I .
1 .
"""'ill!"I". 111""'1"1"1 ~
lliiiiiiiiiiiijli iiiililiiiilij 5
r ·
gjllilJJIIIIIII!l ;~~;~!-!!~~i~~
EJJ;jji;';;;;; i EiE~if~~~~~~~~
~~~~~~~~~~~~~ ~lcic~~~~~~
iCicicCEiECCC E, EEEEE.
~
l
~ c
It.;
~
i
~
I
..~
,
I
I
,
I
I
I
,
~:, _s.I:, : I, ~
!'~ll
1~
-
" ~ ~ i II 1: ~ '!' ~
r !;; ~ MAJESTIC VIEWS I PARe PLACE NORTH AT DELRAY BEACH
~ z
-0 ~ ~ Landscape ArchiIecture - Construction Managemer> NORn-I FBEW... HlGl-NiAY. tElRAy BEACH,. FlClRlDl\
-,
I . i: .. ~ " I ~ 4711 CypnKS o.fv8 Sovth.lk'l'nton Beoch. R ~
It 3 ~S6117S2-983SFax.1~117S2-<$1I0 . ~
...Jo. in __~.~_ ......."'_..--._~_~.__ SITE LANDSCAPE PLAN
-.:tore in Iolm~.......--.tt.- ..........~
~-
\
~~
r ~ ~ ~ I il ~ ~ MAJESTIC VIEWS PARe PLACE NORTH AT DELRAY BEACH
~
"'U ., ~ ~ Landscape Architecture. Conslruclion Managemer>t NORTH FEDEFW. HtGHWAY, DELRAY BEACH. FLORJDI'
, C !i 0 4111 Cypress Drive South. Boynton 8eoch,. R. 33436
I ~ ~
I\J 3 PhoneI5011752-9835fc111.j5611752....11Q ROOF GARDEN LANDSCAPE PLAN
2006Ma;M1e~"'~~ Nopwtof__idIooI,pc.w.OI~..
_M .... rc.m~wII'Ioutlh& WIIhrI CQI"ICem.
BOULEVARD
(j
..;
Lo:
ot.p..~
SI'"
OJ\...r
0.-0 B
GOS
(j
N
-
PARC PLACE
CITY Of DaRAY BEACH. fL
PLANNING & ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM --
MAP REF: LM90S
--=-
TOWN OF GULF STREAM
PALM BEACH COUNTY. FLORIDA
~r.
iJm~'
COMMISSIONERS
W1WAM F. KOCH. .lIt MIYOf
JOAN It ORTHWEIN. \lice Mayor
FRED 8. OEVITT III
ROBERT W. HOPKINS II
WillIAM A. LYNCH
,.----
. :G ~l _"'~"
~ t)l
A'\:,~ .~..
_....#Pf ....
~!(.,:,,- ... ':;ii--1'
-'.r:.,t9~~.-..,
TeIe_n.
(561) 276-5116
Fa
(561) 737-<<1188
Town MI/IaOIl'
WILUAM H. THRASHER
Town Cltftl
RITA L TAYLOR
October 14, 2005
Mr. Paul Dorling
Director Planning & Zoning
City of Delray Beach
100 N.W. 1st Ave,
Delray Beach, FL 33444-2698
Via Fax & Regular Mail
Re: Pare Place by Paul Brent Development Group, L.L.C.
Dear Mr. Dorling:
At Town of Gulf Stream Commission held today, I was asked to review the above referenced
application and any appropriate and available documentation, The question from our
Commission was whether this development proposal, as filed or presented, is seeking design
elements that are not normally provided by the City of Delray Beach Code or Standards. For
example, is the height of the structures, including any facades, greater than what is allowed?
The Town of Gulf Stream is interested in learning more about this proposal. Sevel'al of the Place
Au SoleH residents, the portion of Town west of the intracoastal, attended the Commission
meeting and it appears they have concerns. As you know, the Town is very interested. as you are
for your residents, in protecting what our residents perceive to be their quality of life, Absent
any special conditions requested by the developer. the Town would ask for your cooperation in
mitigating any possible infringements upon their quality of life,
The Town of Gulf Stream is interested in leaming more about this proposal. I am asking
for your assistance to do so. Please contact me at Town Hall to explain how this can be
accomplished. Your continued cooperation and consideration for the Town of Gulf Stream and
its' residents is greatly appreciated.
Sincerely,
().JdL l~. Gl-L-
William H. Thrasher, eM
Town Manager
100 SEA ROAD. GULF STREAM. FLORIDA 33483
~
FROM:
DAVID y&~N~'TY M~NAGER
PAUL DORLlNG, DIRE R OF PLANNIN~/AND ZONING
SCOTT D. PAPE, SENI PLANNER ./V-=?cr---
./
MEETING OF APRIL 4, 2006
CONDITIONAL USE REQUEST TO ALLOW A FREE-STANDING MULTIPLE FAMILY
DEVELOPMENT TO BE KNOWN AS ROYAL PALM CLUB AT DELRAY BEACH IN THE GC
(GENERAL COMMERCIAL) ZONING DISTRICT AT THE NORTHEAST CORNER OF SOUTH
FEDERAL HIGHWAY AND FLADELL'S WAY (2501 SOUTH FEDERAL HIGHWAY).
TO:
THRU:
SUBJECT:
The property consists of Lots 12 through 33, Block 22; all of Block 23; Lots 1 through 10 and Lots 57 through
66, Block 35; Lots 12 through 33, Block 36; together with abandoned portions of Avenue "E" and Frederick
Boulevard. The area totals 6.28 acres and is zoned GC. The property contains four buildings that were
constructed between 1972 and 1992 and was the site of the Ralph Buick automobile dealership.
The development proposal includes the demolition of the existing buildings and construction of a multiple
family and mixed use development. The mixed use portion of the development consists of 13,781 square feet
of retail floor area, 13,900 square feet of office floor area, and 16 condominium residential units along the west
portion of the site. The multiple family portion of the development consists of 59 townhouse dwelling units to
be located along the east portion of the site. Pursuant to LOR Section 4.4.9(0)(11), multiple family
developments are considered conditional uses in the GC zoning district and are subject to the RM (Multiple
Family Residential) zoning district regulations except for setbacks and height, which are subject to the GC
zoning district regulations. Additional background and an analysis of the Conditional Use request are found in
the attached Planning and Zoning Board staff report.
At its meeting of February 27, 2006, the Planning and Zoning Board held a public hearing in conjunction with
the request. After discussing the proposal, the Board recommended approval of the conditional use to allow
the free-standing multiple family development in the GC zoning district based on a positive finding with respect
to Chapter 3, LOR Section 2.4.5(E)(5)(Conditional Use Findings), Section 4.4.6(1)[Performance Standards],
and the policies of the Comprehensive Plan, subject to the seven conditions of approval outlined on pages 13
& 14 of the attached Planning and Zoning staff report of February 27, 2006 and the additional condition that the
applicant work with the Florida Department of Transportation and initiate any improvement to the south bound
left turn lane into the subject property as required by Palm Beach County. In the event the required turn lane
improvements can not be accommodated, a revised traffic study analyzing the resulting u-turn movements will
be required.
Approve the conditional use request to allow a free-standing multiple family development in the GC zoning
district for Royal Palm Club at Delray Beach, by adopting the findings of fact and law contained in the staff
report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(E)(5), 4.4.6(1)[Performance Standards], and Chapter 3 of the Land Development Regulations,
subject to the conditions in the Planning and Zoning Board staff report as modified above.
Attachment: P&Z Staff Report and Documentation of February 27,2006
C\.C-
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR ROYAL PALM CLUB AT DELRAY BEACH
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
April 4, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Royal
Palm Club at Delray Beach. All of the evidence is a part of the record in this case.
Required findings are made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future Land Use and Map: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs?
Yes No
b. Concurrency: Concurrency as defined pursuant to Objective B-2 of
the Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes
No
c. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
1
Yes
No
II. LDR REQUIREMENTS:
a. LDR Section 2.4.5(E) Reauired FindinQs: (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Nor that it will hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes No
b. Performance Standards for Density Increase: Does the applicant
meet the requirements set forth in Section 4.4.6(1), attached hereto, to allow a density in
excess of 6 dwelling units per acre to 11.94 dwelling units per acre?
Yes
No
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves _
denies _ the conditional use request subject to conditions set forth in the staff report
2
and hereby adopts this Order this _ day of April 4, 2006, by a vote of
in favor
and opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
3
LDR Section 4.4.6(1)
(I) Performance Standards:
(1) These standards shall apply to all site plans approved subsequent
to October 7, 1997, and for modifications to existing developments which involve the
creation of additional residential units.
In order to increase a project density beyond six (6) units per acre,
the approving body must make a finding that the development substantially complies
with the performance standards listed in this section. The intent of the standards is to
mitigate the impacts of the additional density both internal and external to the site. The
extent to which a project meets the standards will determine the number of units per
acre that will be permitted. For example, if a project meets or exceeds all of the
standards, and is otherwise consistent with applicable standards and policies of the
City's Comprehensive Plan and Land Development Regulations, the maximum density
is permitted. Projects which only partially achieve these standards will be permitted a
correspondingly lower density. The performance standards are as follows:
(a) The traffic circulation system is designed to control speed and reduce
volumes on the interior and exterior street network. This can be
accomplished through the use of traffic calming devices; street
networks consisting of loops and short segments; multiple entrances
and exists into the development; and similar measures that are
intended to minimize through traffic and keep speeds within the
development at or below 20 m.p.h.
(b) Buildings are placed throughout the development in a manner that
reduces the overall massing, and provides a feeling of open space.
(c) Where immediately adjacent to residential zoning districts having a
lower density, building setbacks and landscape materials along those
adjacent property lines are increased beyond the required minimums in
order to provide a meaningful buffer to those lower density areas.
Building setbacks are increased by at least 25% of the required
minimum; at least one tree per 30 linear feet (or fraction thereof) is
provided; trees exceed the required height at time of planting by 25%_or
more; and a hedge, wall or fence is provided as a visual buffer between
the properties.
(d) The development offers a varied streetscape and building design. For
example, setbacks are staggered and offset, with varying roof heights
(for multi-family buildings, the planes of the facades are offset to add
interest and distinguish individual units). Building elevations
incorporate diversity in window and door shapes and locations; features
such as balconies, arches, porches, courtyards; and design elements
such as shutters, window mullions, quoins, decorative tiles, etc.
4
(e) A number of different unit types, sizes and floor plans are available
within the development in order to accommodate households of various
ages and sizes. Multi-family housing will at a minimum have a mix of
one, two and three bedroom units with varying floor plans. Single
family housing (attached and detached) will at a minimum offer a mix of
three and four bedroom units with varying floor plans.
(f) The development is designed to preserve and enhance existing natural
areas and/or water bodies. Where no such areas exist, new areas
which provide open space and native habitat are created and
incorporated into the project.
(g) The project provides a convenient and extensive bicycle/pedestrian
network, and access to available transit.
(2) It is acknowledged that some of the above referenced standards
may not be entirely applicable to small, infill type residential projects. For those types of
projects, the ultimate density should be based upon the attainment of those standards
which are applicable, as well as the development's ability to meet or exceed other
minimum code requirements.
(3) For vacant property that is proposed for rezoning to RM with a
density suffix, the approving body must made a finding that the proposed density is
appropriate based upon the future land use map designations of surrounding property
as well as the prevailing development pattern of the surrounding area.
5
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
February 27, 2006
IV.D.
Conditional Use Request for Royal Palm Club at Delray Beach (fka Raph Buick
Automobile Dealership) to Allow a Free Standing Multiple Family Development in
GC (General Commercial) Zoning District at the Northeast Corner of Fladell's
Way and South Florida Highway (2501 South Federal Highway).
Sewer Service................ Existing on site
LINTON
BOULEVARD
GENERAL DATA:
Appllcant..... ............. New Century Companies, LLC
ROYAL
PALM
AlOR TGAGE.
NA TlONS
BANK
LlN TON
CENTER
Owner..... .................... Zoberman, LLC
Agent.. . .. .. . . .. . .. .. .. .. . . .. . Weiner & Aronson, P.A.
Location.......................... Northeast Corner of Fladell's Way
and South Federal Highway (2501
South Federal Highway)
o
~
:
u
~
,.
DELRA Y
LINCOLN
MERCURY
r
z
~
Property Size.................. 6.28 acres
Future Land Use Map..... GC (General Commercial)
Current Zoning............... GC (General Commercial)
Adjacent Zoning....North: PC (Planned Commercial) &
RM (Multiple Family Residential)
East: RM
South: SAD (Special Activities District) &
RM
West: AC (Automotive Commercial)
SHERWOOD
PONTIAC
Existing Land Use.......... Vacant - Automotive
Proposed Land Use........ Conditional Use Request for a
Proposed Stand Alone Multiple
Family and Mixed-Use Project Known
as Royal Palm Club
Water Service................. Existing on site
DELRA Y
TOYOTA
IV.D.
The action before the Board is making a recommendation to the City Commission on
the conditional use request for Royal Palm Club at Delray Beach to allow a free-
standing multiple family development in the GC (General Commercial) zoning district
[LOR Section 4.4.9(D)(11 )], pursuant to LDR Section 2.4.5(E).
The property is located at the northeast corner of Federal Highway and Fladell's Way
(2501 South Federal Highway).
The property consists of Lots 12 through 33, Block 22; all of Block 23; Lots 1 through 10
and Lots 57 through 66, Block 35; Lots 12 through 33, Block 36; together with
abandoned portions of Avenue liE" and Frederick Boulevard. The area of the property
totals 6.28 acres and is zoned GC. The property contains four buildings that were
constructed between 1972 and 1992. An automobile dealership was established in
1972 with the construction of the initial building.
At its meeting of January 3, 2006, the City Commission approved the rezoning of the
subject property from AC (Automotive Commercial) to GC.
The applicant proposes to demolish the existing buildings and construct a multiple
family and mixed use development. The mixed use portion of the development consists
of 13,781 square feet of retail floor area, 13,900 square feet of office floor area, and 16
condominium residential units. The multiple family portion of the development consists
of 59 townhouse dwelling units. Pursuant to LDR Section 4.4.9(D)(11), multiple family
developments are considered conditional uses in the GC zoning district and are subject
to the RM (Multiple Family Residential) zoning district regulations except for setbacks
and height, which are subject to the GC zoning district regulations.
The conditional use application includes a waiver request to the following section of the
City's Land Development Regulations:
1. LOR Section 4.4.6(H)(3), which requires recreational facilities for older children.
The applicant has submitted a conditional use application for the townhouses and is
now before the Board for consideration.
REQUIRED FINDINGS (Chapter 3):
Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
Planning and Zoning Board Staff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 2
application, the staff report, or minutes. Findings shall be made by the body,
which has the authority to approve or deny the development application. These
findings relate to Future Land Use Map Consistency, Concurrency,
Comprehensive Plan Consistency and Compliance with the LDRs as noted below.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map and Zoning District designation of GC
(General Commercial). Pursuant to LDR Section 4.4.9(D)(11), free-standing multiple-
family housing are allowed as a conditional use in the GC zoning district. Based upon
the above, positive findings can be made with respect to consistency with the Future
Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer: Water service is available via service lateral connections to an
existing 6" water main located within the subject property. Sewer service is available
via an existing 8" main along Florida Boulevard.
Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant and the South Central County Waste Water Treatment Plant for
the City at build-out. Based upon the above, positive findings can be made with respect
to this level of service standard.
Drainaae: A conceptual engineering plan has been submitted with the conditional use
application that indicates that drainage will be provided via sheet flow to catch basins
and exfiltration trenches. There are no problems anticipated in retaining drainage on
site and obtaining any/all necessary permits.
Traffic: A traffic statement has been submitted that indicates that the proposed
development, including the commercial portion of the development, will generate an
additional 48 peak hour trips over the existing automobile dealership. Per the Palm
Beach County Traffic Performance Standards Ordinance, residential projects and the
residential portion of mixed-use projects, located east of 1-95, are exempt from traffic
concurrency, and concurrency is relevant only to the non-residential portion of the
development. The traffic statement has been transmitted to the Traffic Engineering
Division of Palm Beach County. However, no response regarding concurrency has
been received. It is noted that there is no anticipated concern with respect to traffic
concurrency. Thus, a positive finding of concurrency can be made subject to the
condition that a finding of concurrency be submitted from the Traffic Engineering
Division.
Parks and Recreation: The Open Space and Recreation Element of the City's
Comprehensive Plan indicates in its conclusion that "The City will have sufficient
Planning and Zoning Board Staff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 3
recreation facilities at build-out to meet the adopted standards". A park impact fee is
collected to offset any impacts projects may have on City recreational facilities.
Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be
collected prior to issuance of a building permit for each unit for parks and recreation
purposes. A total fee of $37,500 will be required of this development (including the 16
loft units) for parks and recreation purposes.
Solid Waste: The proposed 75 multiple family dwelling units will generate 39 tons of
solid waste per year (75 units x 0.52 tons = 39 tons). The 13,900 square feet of office
area will generate 37.53 tons of solid waste per year (13,900 sq. ft. x 5.4 Ibs. /2,000 =
37.53 tons). The 13,781 square feet of retail floor area will generate 70.28 tons of solid
waste per year (13,781 sq.ft. x 10.2 Ibs. /2,000 = 70.28 tons). The total solid waste
generation for the project will be 146.81 tons per year. The Solid Waste Authority has
indicated that its facilities have sufficient capacity to handle all development proposals
until the year 2024, thus a positive finding with respect to this level of service standard
can be made.
Schools: The Palm Beach County School District has not forwarded a finding of
concurrency for the proposed development. There is no anticipated concern with
respect school concurrency. Thus, a positive finding of concurrency can be made
subject to the condition that a finding of concurrency be submitted from the School
District.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request
shall be the basis upon which a finding of overall consistency is to be made.
Other objectives and policies found in the adopted Comprehensive Plan may be
used in making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies that are relevant to the
Conditional Use application are noted:
Future Land Use Element Obiective A-1: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate and
complies in terms of soil, topographic, and other applicable physical
considerations, is complimentary to adjacent land uses, and fulfills remaining
land use needs.
There are no significant environmental characteristics to the subject property. The
proposed mixed-use and townhouse project will provide a transitional use between
Federal Highway and the residential neighborhood to the east.
Open Space and Recreation Element Policv A-3.1 - Tot lots and recreation areas
serving children from toddlers to teens, shall be a feature of all new housing
developments as part of the design to accommodate households having a range
of ages. This requirement may be waived or modified for residential
Planning and Zoning Board Staff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 4
developments located in the downtown area, and for infill projects having fewer
than 25 units.
The proposed development has 75 dwelling units and is located out of the City's
downtown area. Therefore, recreational facilities that serve children from toddlers to
teens are required. The proposed development provides a tot lot along the east side of
the site. However, the proposed development does not provide a recreational facility
that serves teens. It is noted that the applicant has requested a waiver from this
requirement and will be addressed under the Compliance with Land Development
Regulation section of this report.
HousinQ Element Obiective B-2 - Redevelopment and the development of new
land shall result in the provision of a variety of housing types which shall
continue to accommodate the diverse makeup of the City's demographic profile,
and meet the housing needs identified in this Element. Policies, which will
implement this objective, include:
HousinQ Obiective A-12: To assist residents of the City in maintaining and
enhancing their neighborhood environment, the City shall take steps to ensure
that modifications in and around the neighborhood do not lead to its decline,
such as those described in the following policy.
HousinQ Policv A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on
the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
The proposed mixed-use and townhouse project will provide a less intense transition
between Federal Highway and the less intense residential neighborhood to the east.
The issues with respect to safety, habitability and stability of the neighborhood should
be improved by introducing additional homeowners into the area.
PERFORMANCE ST ANOARDS FOR DENSITY INCREASE:
LOR Section 4.4.6 RM Zone District:
Pursuant to LDR Section 4.4.6 (A) Purpose and Intent: The Medium Density
Residential (RM) District provides a residential zoning district with flexible
densities having a base of six (6) units per acre and a maximum of twelve (12)
units per acre. The actual density of a particular RM development is based upon
its ability to achieve certain performance standards which are intended to
mitigate the impacts of the increased density and ensure that the project is
compatible with surrounding land uses. Further, the Medium Density Residential
District provides for implementation of those objectives and policies contained
Planning and Zoning Board Staff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 5
within the Housing Element of the Comprehensive Plan, which call for
accommodating a variety of housing types.
LDR Section 4.4.6(1) Performance Standards:
Pursuant to LDR Section 4.4.6(1)(1) These standards shall apply to all site plans
approved subsequent to October 7, 1997 and for modifications to existing
developments which involve the creation of additional residential units. In order
to increase a project density beyond six (6) units per acre, the approving body
must make a finding that the development substantially complies with the
performance standards listed in this section. The intent of the standards is to
mitigate the impacts of the additional density both internal and external to the
site. The extent to which a project meets the standards will determine the
number of units per acre that will be permitted. For example, if a project meets or
exceeds all of the standards, and is otherwise consistent with applicable
standards and policies of the City's Comprehensive Plan and Land Development
Regulations, the maximum density is permitted. Projects which only partially
achieve these standards will be permitted a correspondingly lower density. The
performance standards are as follows:
The density of the proposed development including the 75 townhouses and
condominiums is 11.94 dwelling units per acre, which requires a finding of substantial
compliance with all applicable Performance Standards as noted below.
(a) The traffic circulation system is designed to control speed and reduce
volumes on the interior and exterior street network. This can be accomplished
through the use of traffic calming devices; street networks consisting of loops
and short segments; multiple entrances and exits into the development; and
similar measures that are intended to minimize through traffic and keep
speeds within the development at or below 20 m.p.h.
The street network is generally made up of loops and short segments. The plans
indicate that a raised crosswalk will be installed in the north/south drive aisles along
the east side of the property, which will help to control the vehicle speeds in this
area. Based on the above, a finding can be made that this development
substantially complies with this performance standard.
(b) Buildings are placed throughout the development in a manner that reduces
the overall massing, and provides a feeling of open space.
The four townhouse groups along the east side of the property are situated with the
front of the units facing Florida Boulevard. The way these units are sited will provide
an aesthetically pleasing streetscape. However, the applicant requests an internal
adjustment from the 30-foot separation requirement between 3-story townhouse
groupings. This will be discussed in greater detail under the Compliance with Land
Development Regulations of this report. However, it is noted that staff does not
support reduction of this separation requirement. Based on the above, a finding can
be made that this development substantially complies with this performance
Planning and Zoning Board Staff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 6
standard provided that the required separation is provided and this is attached as a
condition of approval.
(c) Where immediately adjacent to residential zoning districts having a lower
density, building setbacks and landscape materials along those adjacent
property lines are increased beyond the required minimums in order to
provide a meaningful buffer to those lower density areas. Building setbacks
are increased by at least 25% of the required minimum; at least one tree per 30
linear feet (or fraction thereof) is provided; trees exceed the required height at
time of planting by 25% or more; and a hedge, wall or fence is provided as a
visual buffer between the properties.
The subject property is bordered on the east by RM (Multiple Family Residential -
Medium Density). The RM zoning district allows a density of up to 12 dwelling units
per acre subject to these same performance standards. Consequently, this
performance standard does not apply.
(d) The development offers a varied streetscape and building design. For
example, setbacks are staggered and offset, with varying roof heights (for
multi-family buildings, the planes of the facades are offset to add interest and
distinguish individual units). Building elevations incorporate diversity in
window and door shapes and locations; features such as balconies, arches,
porches, courtyards; and design elements such as shutters, window mullions,
quoins, decorative tiles, etc.
The architecture of the townhouses is an eclectic interpretation of the
Mediterranean style. The balance and rhythm of the different forms of the units are
well balanced and proportioned. The units are differentiated through the changes to
the window styles, door entry features, color scheme changes, balcony treatments,
and changes the roof line. Based on the above analysis, a finding can be made that
the development is consistent with this performance standard.
(e) A number of different unit types, sizes and floor plans are available within the
development in order to accommodate households of various ages and sizes.
Multi-family housing will at a minimum have a mix of one, two and three
bedroom units with varying floor plans. Single family housing (attached and
detached) will at a minimum offer a mix of three and four bedroom units with
varying floor plans.
The townhouses are 3-bedroom units with one bedroom that can be converted to a
den. A variety of three floor plans are provided for the townhouses. The
condominium units have a variety of 2 and 3-bedroom units with seven varieties of
floor plans. Based on the above, this standard has been substantially met.
(f) The development is designed to preserve and enhance existing natural areas
and/or water bodies. Where no such areas exist, new areas which provide
open space and native habitat are created and incorporated into the project.
Planning and Zoning Board Staff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 7
The property does not contain an existing natural area or water body that warrants
preservation. Pursuant to LDR Section 4.4.6(1)(2), infill-type projects can be
exempted from the performance standards. Therefore, compliance with this
standard is not applicable.
(g) The project provides a convenient and extensive bicycle/pedestrian network,
and access to available transit.
The development plan includes an extensive sidewalk system that connects the
units to the recreation area and Federal Highway. The developer will be responsible
for the costs associated with the installation of a bus shelter along Federal Highway
(easement noted on site plan). Based on the above, a finding can be made that the
development substantially complies with this performance standard.
In conclusion, the applicable performance standards are (a), (b), (d), (e), and (g). A
finding can be made that the proposed development complies with these performance
standards. In order to make finding of compliance with standard b, conditions of
approval are attached that the applicant provide the required separation between the
townhouse groups. Since the development complies with all five of the applicable
performance standards, a density increase to 11.94 dwelling units per acre can be
supported.
LDR Section 4.4.6 (H) (Special ReQulations - RM zone district):
Pursuant to LDR Section 4.4.6(H)(3) (Special Regulations), recreational areas
shall be required for all new rental apartment developments, and of owner
occupied developments which have homeowner associations that must care for
retention areas, private streets or common areas. New developments must
include recreational features that are designed to accommodate activities for
children and youth of all age ranges. Tot lots are appropriate for toddlers;
features such as a basketball court, volleyball court, and open playfields are
appropriate for older children. A pool and clubhouse, unless specifically
designed for children, is not considered to meet this requirement. Projects
having fewer than 25 units may be exempted from this standard where it is
determined by the approving that it is not practical or feasible to comply.
As noted previously, the proposed development provides a tot lot along the east side of
the property and a common pool along the west side. However, a recreational facility
designed for older children has not been provided. The applicant has submitted a
waiver request from providing the required recreational facility.
Pursuant to LOR Section 2.4.7(8)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
Planning and Zoning Board Staff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 8
(c) Shall not create an unsafe situation; or,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Waiver Analvsis:
The applicant has submitted the following narrative in support of the waiver request:
"This waiver will not adversely affect the neighboring area, significantly diminish the
provision of public facilities, create an unsafe situation or result in a grant of a special
privilege to our client. Due to the location of the project in an urban area, the waiver to
reduce the teen lot should be supported a similar waivers for other projects have been
in the past. In fact, some projects without a Teen Lot have even been approved without
the necessity of a waiver, such as Gramercy Square. Thus, it is our belief that this
waiver is not even necessary and we request that this waiver be eliminated. Our
project includes a pool, landscape area around the pool, tot lot and a fountain with
trellis. Moreover, Miller Park, one of the largest parks in the City, is within walking
distance of the project. Consequently, a positive finding with respect to LOR Section
2.4.7(B)(5), Waiver Findings can be made."
The City has typically supported in-fill projects and projects located in the urban core
area. For projects out of the downtown area, the City has typically required the
provision of recreational facilities for teens such as a sport court. It appears that
Gramercy Square was inadvertently approved without a teen facility or waiver there-of.
It is noted that the townhouse portion mimics the motor courtyard design of similar
projects in the urban core area. The 6.28 acre parcel could be considered an in-fill
project within a commercial area and not a suburban-type townhouse project. Based
on the above a positive finding with respect to LDR Section 2.4.7(B)(5) can be made.
LOR Section 4.3.3(0) (Townhouse DesiQn Standards):
As described below, the development proposal complies with the design
standards for townhouse developments outlined in LDR Sections 4.3.3(0)(4)(a)
through (d):
a) No more than two townhouses may be constructed without providing a front
setback of no less than 4' offset front to rear.
The purpose of this requirement is to prevent a long linear appearance. The
proposed development consists of 5 unit and 6 unit townhouse buildings. These
building have been designed with a 2-foot front to rear offset. Therefore, a condition
of approval is attached that a 4-foot front offset be provided between the front of the
townhouse unit and the front fascia of the next townhouse.
Planning and Zoning Board Staff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 9
b) No townhouse row shall consist of more than 8 units or a length of 200'.
The maximum townhouse row is six dwelling units and 120-feet in length, thus
meeting this code requirement.
c) Service features, garages, parking areas, and entrances to dwelling units
shall, whenever possible, is located on a side of the individual lot having
access to the interior street. Walkways should be designed to connect
dwelling units with each other and connect each dwelling unit with common
open space.
The garages are oriented toward the interior street system. The only deviation from
this standard is the front of the units that face Florida Boulevard along the east side
of the property. It is noted that these units .are designed in the neo-traditional
fashion and will enhance the streetscape along this road.
d) Not less than 25% of the total area, less water bodies, shall be usable open
space, either for recreational or some other suitable purpose, public or
private.
The basis for this standard is to assure that larger residential developments provide
adequate recreational amenities. With smaller developments, provision of these
amenities is not considered financially feasible, and the required contribution of
$500.00 per unit (park impact fee) is considered adequate. It is noted, however,
that 27% of the site will be landscape/open space area, which can be used for
recreational purposes.
LDR SECTION 2.4.5(E) - REQUIRED FINDINGS:
Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the
City Commission must make findings that establishing the conditional use will
not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The subject property is bordered on the north side by PC (Planned Commercial) and
RM (Multiple Family Residential); on the south by SAD (Special Activities District) and
RM; on the east by RM; and on the west by AC (Automotive Commercial) zoning
district. The adjacent land uses include: Delray Plaza and residential to the north;
automobile dealership and residential to the south; residential to the east; and
automobile dealership to the west.
Planning and Zoning Boara vtaff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 10
The proposed townhouses will provide a transition from Federal Highway. The
additional residents should improve the stability of the neighborhood by increasing the
number of "eyes" in the neighborhood.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a sketch plan was submitted
which staff has reviewed. It is noted that the conceptual plan is insufficient to
conduct a complete analysis of the Land Development Regulations. If the
Conditional Use is approved, a full site plan submittal complying with LDR
Section 2.4.3 will be required. Based upon staff's review of the sketch plan and
site inspections, the following analysis is provided.
Townhouses and Townhouse Tvpe. of Development:
Setbacks:
Pursuant to LDR Section 4.3.3(O)(3)(c), setbacks interior to the project with respect to
side and rear lot lines shall not be observed; but in-lieu thereof structures (dwelling unit
groups) shall not be located closer than twenty-five (25) feet for a two-story structure,
nor thirty-feet (30) for a three story or greater structure. The proposed separation
between the three story townhouses is 18 feet (except buildings 9 and 10, where 30-
feet is provided). The applicant has submitted an internal adjustment request to reduce
the separation requirement, which will be considered by the Site Plan Review and
Appearance Board during the site plan review process pursuant to LDR Section
2.4.7(C).
LOR Section 4.3.4(K) Development Standards Matrix:
The following table indicates that the proposal complies with LOR Section 4.3.4(K) as it
pertains to the Medium Density Residential (RM) zone district:
Two Bedroom Unit
Three Bedroom Unit
900 sq.ft.
1,250 sq.ft.
40%
25%
1,295 sq.ft.
1,915 sq.ft.
33.6%
25%
The following table indicates that the proposal complies with LDR Section 4.4.6(F)(3)(a)
as it pertains to the General Commercial (GC) zone district:
Front (east)
Front (west)
Side Interior (north)
Side Interior (south)
Side Street
10.67'
25'
11.17'
14'
13.51'
Planning and Zoning Board Staff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 11
48' 45' 10"
Parking Requirements:
Pursuant to LDR Section 4.6.9(C)(3)(a) and Section 4.6.9(D)(4)(a), the required parking
for the retail and office floor area is 110.66 space. The required parking for the 75
multiple family dwelling units is 174 parking spaces. Pursuant to LDR Section
4.6.9(C)(8)(a), the total required shared parking for the proposed development is 251
parking spaces including one reserved space per condominium and two reserved
(garage spaces) for the townhouses. The proposed development exceeds the parking
requirements since 260 are provided on-site.
Parking Design:
Pursuant to LDR Section 4.6.9(0)(1 )(a), parking spaces should be located and arranged
in such a manner as to facilitate pedestrian access to the uses they are intended to
serve. In general, parking spaces should be distributed proportionately to needs. The
nearest guest parking spaces to the townhouses along Florida Boulevard are located
toward the interior of the property. Guests will have to pass through the interior
townhouse courtyards and across a drive aisle to get to their destination. Further, the
applicant has indicated that the proposed parallel spaces along Florida Boulevard can
serve as guest spaces. However, it is not reasonable to assume that these spaces will
be utilized for guest spaces given the circuitous route that a visitor would have to drive.
Therefore, a condition of approval is attached that the eastern portion of the
development be redesigned to accommodate guest spaces in close proximity to these
townhouses.
Other Issues:
Townhouse Parking:
The proposed townhouses have a 6-foot deep landscape island between the garage
door and the drive aisle. This area has been utilized by people temporarily parking
behind the garage and blocking the drive aisle. Further, this situation is exacerbated by
a lack of storage room within the units, which causes people to park their vehicles
outside the garages when they become full of personal items such as bicycles.
Therefore, based on good design principles, a condition of approval is attached that the
landscape islands be a minimum of 20-feet in depth or the units be redesigned to
provide substantial storage opportunities within the garages.
The proposed development is not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Planning and Zoning Board Staff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 12
Site Plan Review and Appearance Board:
If the Conditional Use request is approved, a site plan application will be processed for
the development proposal, with final action by SPRAB.
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations and
interested parties, which have requested notice of developments in their areas:
~ Neighborhood Advisory Council
~ Progressive Residents of Delray (PROD)
~ President's Council
~ Tropic- Harbor Condo Association
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. The City has received the attached letter that expresses concerns
with respect to construction vehicles utilizing Florida Boulevard to enter the site. Any
additional letters of support or objection will be presented at the Planning and Zoning
Board meeting.
As described in this staff report, there are several issues regarding the functionality of
the development with respect to guest spaces and adequate storage/parking area for
the townhouses. Further, the reduction of the separation between the townhouse
buildings cannot be supported for this new development. As a new development
outside the downtown area, this separation should be provided. The proposed use is
consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of
the Land Development Regulations. Positive findings can be made with respect to LDR
Section 2.4.5(E)(5) regarding compatibility of the proposed development with the
surrounding properties regarding the requested increase in density.
A. Postpone with direction.
B. Move a recommendation of approval to the City Commission for the waiver and
conditional use request to allow a free-standing multiple family development in the
GC zoning district for Royal Palm Club at Delray Beach, by adopting the findings
of fact and law contained in the staff report, and finding that the request is consistent
with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5),
2.4.7(B)(5), 4.4.6(1)[Performance Standards], and Chapter 3 of the Land
Development Regulations.
Planning and Zoning Board Staff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 13
C. Move a recommendation of denial to the City Commission for the waiver and
conditional use request to allow a free-standing multiple family development in the
GC zoning district for Royal Palm Club at Delray Beach, by adopting the findings
of fact and law contained in the staff report, and finding that the request is
inconsistent with the Comprehensive Plan and does not meet criteria set forth in
Section 2.4.5(E)(5), 2.4.7(8)(5), 4.4.6(1)[Performance Standards], and Chapter 3 of
the Land Development Regulations.
By separate motion:
Waiver:
Move a recommendation of approval to the City Commission of a waiver to LDR Section
4.4.6(H)(3), which requires recreational facilities for older children, based on a positive
finding with respect to LDR Section 2.4.7(B)(5).
Conditional Use:
Move a recommendation of approval to the City Commission for the conditional use
request to allow a free-standing multiple family development in the GC zoning district for
Royal Palm Club at Delray Beach, by adopting the findings of fact and law contained
in the staff report, and finding that the request is consistent with the Comprehensive
Plan and meets criteria set forth in Section 2.4.5(E)(5), 4.4.6(1)[Performance Standards],
and Chapter 3 of the Land Development Regulations, subject to the following
conditions:
1. Approval of a site plan by SPRAB that is in general conformance to the submitted
sketch plan and addresses the "Exhibit "A" - Technical Items" attached in the staff
report;
2. That a letter be submitted from the Palm Beach County Traffic Engineering Division
with respect to a finding of concurrency.
3. That a letter be submitted from the Palm Beach County School District with respect
to a finding of concurrency.
4. That the required townhouse building separation is provided.
5. That a 4-foot front offset be provided between the front of the townhouse unit and
the front fascia of the next townhouse.
6. That the eastern portion of the development be redesigned to accommodate guest
spaces in close proximity to the townhouses.
Planning and Zoning Board Staff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 14
7. That the landscape islands behind the townhouse garages be a minimum of 20-feet
in depth or the units are redesigned to provide substantial storage opportunities
within the garages.
Attachments:
. Exhibit "A"
. Conceptual Plans
. Location Map
. Letter of concern
Report prepared by: Scott D. Pape, Senior Planner
Planning and Zoning Board ",(aff Report
Royal Palm Club at Delray Beach - Conditional Use Request
Page 15
1. Pursuant to LOR Section 4.3.3(0)(2), a plat will be required.
2. That the applicant remit the contribution of $7,500 for the construction of a bus shelter.
3. That construction vehicles are prohibited from utilizing Florida Boulevard to access the site
except as individually authorized by the Chief Building Official or designee.
--::-.~
~~~~~~::::~:::::-;;;: :--';;:;';;;:;:;;';;;;';;;;,;;;;-
7_"'- ::---.. -~--
~- - . -"'''''''~'''~;~::~'':~"'"'"'-
::::.-:.:::" -r /-~llii "\.: ="''''''''''",;'~':'''",~",-
-. --->. os ~-t -"'_ -"''''~ -"'--
. fl '(M!-=:::::::~- --\~----~-~~ u s --"'~~~~"'...~"
. 1 ... --- ....,~ - -\.. . ./1tGHlovA ~
i! i~I'! ;I~~ ~~wP~~~~-------- YNO.1 ;' 11 C-?<_
i/ i' f}~~ lY~.:..~ ~ - -! m _ -:'==';--~~~=::::-=: : ~Ii~ . i ~l-L-ff~~\::~'~~~2-
.1 .' ii~ I / -; l~ -""-", ,. (<: - __~-----_:~_'\
. 'r ,"""" ~ - !II ~ J I -- ~~ - -- '-\....
I 1 ( L.l,.... f2!t~ J ~p ~ - ~. . 0-; .~---~~~~ "
I (" "" ~ Il'~ l-L _..,,;;: Slli - , - ~~ 0-:: Jjl~ , - ~----~~
: I ~ ~ ii &"la ~.1 ~ ~ n - - - '~c
I ~ : ==..... il;~ ~It - I - 0 0 - - 6i
I lrll I """" lit -= i !f~s i ~ " ~ I "'l Iii I..J :i '.
I J;: 1 f-- -. I c:~g! f;::s:si .,. ..
~ i I :::.. ~ = i 4 -i..ifi ~ ~ ~~ :'. . l i~~: lfi,;:~~ -=M :
- ~: ll-.d~.... : ~ i, ail . .~ .; . '" . 11111.. .,i!~ ::jf... . :
'\' ~ ~- . IjII ~ ~. ~ I
'---LJ ~U'~= I:fI:" 'i m V /_~ · t~~:
I F-~~ .~HI~~'" - . /.. . ~~. i . ~ 11111-1 ~i~:- ':1
~ . . - +- - ~ ~ ~ ! i-+- ILl --.J Itrdl
""'''''-''''''1- f ~ I' - . .-} . ,~. T-... ~ . ~'4'1 ;:J-;- . . --' . , " .~~. r--:'. ~ \. ~ I I
~j ..- ~..~ ~ ~ It.~ I
- -, il 1 I':.. 9 · .. . 1 r.
_' - Il1r . ,---,'-- _L-I,~ ---' i-" .1;1
. = I ; : i ' ( . ; e ~p~ T ~J e I @ : . lllll
- ..-~' l'l~il'i .r.~ 1C'!=T~~""l~i
:.t -+J~~~ I,' .'l.~ .,;;'_
i .', ~~ I ..' +- ~ . ~_r_._n' +- .. ~
. .1 ..-f-' ------1. - FI--f' - . - . - . --f .1-10-. -. -~. (.P.
o' 'j:!'~ '''_'' ia:;~;'-~ ',.",,~~'\11~.
o LJI~i'~i ~ i"7 Il:
~ ! e I @) ~ ~ · @) j ~ @ . ..
" t I ---,b. ~ -I.-- 1 . i~ -t 1 I i-
t \-";,,,' I-L. \ ~. +- ""'~_~~. < . I. < +- . ~.~ I ,
. . t 'i -----. -1- 'f.'-" - . ~ -. - -:. iI .' . -'--~. - . ~ - ~ ~ .1-- f ~ n. ;
. '.!!II!. ,...<-.,,...<-., -,
· J @ 3 @ 4 -OJ ~ ~ 5 ~ 1.
~ LX;~ I::!~ = ..bi
:~_:_ ~.~. ~~:~"_~'~'L "'cli_:>_lt: "~ iCj..'~'"'".J1n
_=~J!t_~____":.~.~__._=~_i!t_~ ! _~___~ fLORlriABOUL;i~_I_~i=~_t::_~l=r'~~~~_\ .~~__
_.. _.. _.. _.. _.. _.. --.J.. _. .1-.. _. .'-,-.. _/. _.. _.. --l. ---1.. _. .1_.. _.. ~.-'-
~ i \11' ~ ~ 1811
" ,t.
'i
Ii
Ie.
If 1
-..
II
11'11'''11
1111 i HI
fitf lit
.. 11
la
..
I
I
I
IiI
~= II
~i1
eeeHl1
e e ~=eHI
~
~ E e~eee! I
e ~ !=fH
.'
I
/
\-
____.-/1
IInnr m;!
rU Wi I~
In 1 I"
"J , I
I. J is .. .
cc= .
! l '::ill 11 I
1 I HI m'
} II
..
- _._ i
II .. iBII II 1
11
j'un 'HI i III
I Ij IIIII 111
III IIi i I
.!.... .m; Hil.
li....".,"'~'" ...., ,...
.
I ~m;m:f
"m
I 5=55! :;55 ..
II I liUJin
I' III1 JJifl I
fJ d I J
" I I I
I.
ii Iii I ijii!m
III I G
'ul '
.u
I
----
. -c-., c-......
,....,.............,..... ,.
DIInIr --....... ac
tllfl>n.-
Royal P.1m Club at Delray Beach
PRELl~Y SITE PLAN
,-....-
t---
s---
.
-
.......
\
\
,
~: ~
/
'I
SCHNAR9
...,,,..,,,,,. c:""""IIAr,,,II
....._-...... 1111:".....
........IWeo.. ...........
Ie I~
I~
ilIIIJ ilIIIJ
ilIITJ itIIII I~
I'
m
r
~
! ~
-0
.z
"00
5-PLEX: OVERALL
I!
. - ___..........._.,_..II._.x.--..___......__..____.___......\._..._._.____...__I_.lf..._.___.__._.....___....___.__
501 BY A
I~
~
~ RANDALL
~ ~ ~X9fE~I
ROYAl.. PALM Cl..UB AT OIIl..R.AYesACl-I
&-F'\..EX
By New C-..ry Cc>mpo!l"'..
42 N. Swlr'llon Ave, Delra~ Bead'\ i=L 33444 (SblJ 243.0''3~ Naple&. FL (2313) 262.1611
B
I~ I
I =
me
~ I -
-- 8
~ I -
me
~
me
~
:!l
J]
~
"T1
6
o
I~
5-PLEX: OVERALL
G
w';~
(J)
m :i!
0
0 Jj ~l~l
z
0 0 I~
"T1 "T1
r r
0 0
0 0
I~ I~
~lnl
I!
~IDI ~
~l~l I~
~'D' ~
...-..-.._..__..If_.._t_.ua.____.___..__......_._.___._.._
REV SolONS Y A
I ~ RANDALL
~ ~ ~12fE~I
ROYAL. PAl..M c::.L.UB AT ClI!L.R.A.Y BlLl.CH
S-I"U!X
BIj New Cent.lrll Ccmpan'....
42 N. SlllJnt.on Avs, Delralj 6e.ach, FL 33444 (~1) 243.01~ NaFla. -FL (23~' 262-16"
I~
I~
m
r
~
Ig
.z
en
6-PLEX: OVERALL
~
!
I~
I~
~ ~
. ._"'l. .._. I__..___...I...._._.__._..._~._._____.__._.......__...I_.._I._..__..._...._..,_....____..._
llOEV151ON B':" DA.
.r........~ _
~ RANDALL
fl ~X2fXI
ROYAl.. PALM Cl..UB AT OEI..~Y aEACH
b-F'UIX
~ New Cent.1r~ Ccmpani...
42 N.. .e.,inlon A....~, De1ta~ Beach. FL 3}44.4 (~61) 243-"'S'3 N.aplss. fL {2~ 262.161'
0
I -
I~
I -
-- B
I -
--B
I -
--<:)
~
~
II
jj
~
II
5
o
I ~
6-PLEX: OVERALL
q
~1 -8
rn
m
o
o
z
o
II
5
o
I~
-I
I
jj
o
II
r
o
o
I~
~l~l ~ ~l~l ~
~l~l! ~1~1 ~
~l~l! ~l~l S
--.._.__....___..__...._.___.__....(._11__._.._..__....____..,......._.___._.~_..._...__._._
I -:.:.-=-. :.
1--- p,,", -.. """"y.....,,
6-PLEX
By New c-ury Comp~"'..
~ RANDALL
~ ~XgfE~I
42 N. Swinton Ave. DelrdlJ Bsach FL 3}44.4 (%1) 243-"'<:3~ N,lll::,l.. FL (23~J 262-1611
1- .~ :1 1i
~ .1 H ;1
,. H \.
~ ~ -, II " 'ii
'l '1
,
, ,
, ,
, ,
,
l' 11 ~i !I
11: .1 : 1
" ,. I!
~~ II " "
'1 'l (p
, , ,
, , , ,
, 0
, , ,
, [
,
,
, -I
, I
,
,
.j.,iI, ,
,~,...., ,
..~ : :!Ilr: :
!ijl I- :l,i~j;l,i
1:111;1 ...." "
;, i ~ ~ ~
, ,
. l
,
,
- ,
,
,0 ,
,Z ,
, : : ,
,
I ~ :~ 1 ~
., ~~ " !-II tll
, 'I ;1
" ~ .. i.
I l
I!
~~
"-.....-....---I..-....lII.----.-,~--.-___.____..I._.._t_I..c.l._.._f----...--.._...___...____.sa
I'EVlS Y A
R ~ RANDALL
~ ~ ~XRfE~I
1ItO"'r"AL. PAlM I"!l f. at CBU2.A,y e&4C4-I
orn.:. eulldlflS
By Neu c.nu.rw Ccmpanr_
41 N. 5wJnt.on A....s. DdI!r-a!:l6each. FL 33444 (!t61) 243-0'~ Naples. Fl. (23'3) 261-''''1'
1)
l>
~
--I
-
l>
(Il
,
,
,
,
,
,
,
, ,
, ,
, ,
, ,
, ,
,
,
,
, ,
,
, ,
, ,
, ,
, ,
,
, ,
, ,
, ,
,
, ,
,
, ,
, ,
, ,
, ,
, ,
, , : 'Ii I
, !. !.
, ,
, , , 'I ;1
, , ~
, , "'
, I
, ,
, ,
, ,
, ,
, ,
r Jt ~ I'
. '. ~, t,
;l;~ ~l ~I
C C
-,
l
1)
l>
~
--I
l>
.----....--...I-......___.____III__~.-..---~..___I_..__....l.....__._..______...-..____.._
fiE eYDA
~ RANDALL
~ ~ ~X9fE~I
ROYAl.. PAl.M CLIJ8 at ClIL.JlU.Y I!HI.Il.Cl-l
Mrx.d u... Eluildlt1S
ew N.- Cerltu'1I Campa"!...
42 N. Swlf'llan Ave, Ddlra~ Beach. FL }3-444 (:.61) 243-01':1~ Nap!lss. FL (2~':l) 262-161'
!1 ~ ~.
. ij
~ Ii
5 ;
,
,
,
,
,
"I'.
~ 'I
i.1
li
z
o
;(J
-I
I
~l:
:\
'z
~ RANDALL
~ ~X9fE~I
ROYAJ.. ""Al.J"I c::uJe at~.,..~
Mixed u.. Bul1dl"l3
ew New c::....t...W ~anl"
-42 N. Swinton Ave, Delro!ll!i e".,ch. FL 33444 (5blJ 243-01~':l Naples., FL (23'3) 262-1611
I
(
-------
1/ '
1/ /,
1/ ,/I
1/ /1
1/11
1/11
1/ /1
1/ ,II
/I
.....
I
I
I
I
I
I
I
(
~
4'--
(i
/1 /
,I (
I
I
I
I
I
,
I
I
\
~~I
r--...
I
I
I
I
I
I
I
::
~n
:nrnZ
';OZ 8
3 s: --.J tT'1~
:; ~---,
a zC 8
~~~
S I
o
~~ !!
~~
~
8
~~ 8~- 81
:\:J ~:~; lJ~..
~ \ ~ 3 ,..~
'"- f
Overall Landscape Plan
Royal Palm Club at Delray Beach
u.s. Highway One
Delra.y Beach, Florida
I I I I I
w
>
<{
I
....
'<t
~
vi
~
~
) THE
--1 VININGS
~~
~ ---r-
J
\ \
r---
T~WN j
COUNTRY
ES TE \
CONDOS /
DOTTEREL ROAD
"} PALMS 1 (
\ 0 //~
DELRAY!I,f(
~~
'i ~~
~
N
-
CITY OF DELRA Y BEACH, FL
PLANNING & ZONING DEPARTMENT
il
~wDg~~
<(
~l2] =~ l
I ~ ______
--l - III ~;r-
r--~----~ ~ ~ IIII S'n ~
I
LINTON
I
DELRA Y INDUSTRIAL
PARK
SOLID WASTE
TRANSFER
STA TlON
o
....
o
~
~
'"
MILLER
nELD
(j
...;
..:
DELRA Y
LINCOLN
MERCURY
>--
~
r
G
r
DAN BURNS
OLDSMOBILE
MILLER
PARK
~ORSE
CA
g/~
,-L GMC TRUCKS
SHER WOOD
PONTIAC
BUCKY DENT'S
BASEBALL SCHOOL
\
-
ci
>
-'
_lD
-
'==
-
===1
r--
DELRA Y ==
PLAZA ==
==
r-
L
\
AVL C
====
===
;:=::-
f-----
-;:-
ci
<:
<(
o
m~
~
:r
vi
:j
........
II
TO YO T A
I l USED CARS
'~
I / I~l I r-~ fir~
,.--
'-
'---
~
:----
;tV
IX:
....'--
~
---
v
'--
,.-
I
I/)
?i---
0-
I/)
f---
'-
\
L,~
lL.clr
ROYAL PALM CLUB AT DELRAY BEACH
(fka Ralph Buick)
-- DIGITAL BASC MAP SYSTCM --
MAP REF: LMB99
'F~ \<6' ~OO~
. J
-r;, 10~~J-'1.) ~'.
~~",,~~~q~
~~ot~~~
,
~ ~ + RoJ ~ fLt-j
~ ~. (r~ JJ~-dI= Q.066-6'fO)
W~ ~ ~ iIvJ-"'i ~
p~~ ~~ S-i~
/1 ' / ~/~-I~)
~ I ~ "L ~ -rid-
~ ~ ~ ~~
~ 8ffid. ~ v.H: ~.
~ '~~
~ r ~ F~ atv/.?
k/.e ~ ~ 'J 'fk ~
~ J~ ~ ~Ix~
P ~ ~ ~~ .
~ ~~. Ide .~ AlAJ.
M ~ cut -(0 aA"\
( ~)
l
, -~ ~~
~r 1, ~
~~A-~ ~~~
~, ~ - fr~
I~ 6; ~ } ~ fz -Ko
~ ~ o!~
~: (~ ,,~~II~/
/U~~ . I . ~
., -~ - r - -./ I / I
r a<'~?(/-J
~/. ~
~ ~~.)
? k..e ~ ~ add ;;0 --d.e
~ ~ ~~'
f~ ~ ' ~
~ ~ ~ ;f~ p~ t!Jr--
~ ~ ~ e:&d', J.+'", f-4)
~I~ ~~--fnwJL
~~: ~~~: ~~
~. ~~r'1:J~
6/\
o1^1
TO:
FROM:
D~ T. HA
PA~L:
SUBJECT:
CTOR OF P'C~ING AND Z~NING
NIORPLANNERt~ 11. ~
MEETING OF APRIL 4, 2006
THRU:
CONDITIONAL USE REQUEST TO ESTABLISH A PARKING AND STORAGE LOT
FOR VEHICLES WITHIN THE MIC (MIXED INDUSTRIAL AND COMMERCIAL)
DISTRICT FOR MAROONE FORD. LOCATED ON THE WEST SIDE OF WALLACE
DRIVE. BETWEEN GEORGIA STREET AND MILFRED STREET.
The 1.923 acres of property consists of Lots 6, 7, & 8 of Platt's Acres Subdivision and is recorded in
Plat Book 21, Page 47 of the public records of Palm Beach County.
The proposed 246 space parking and storage lot is to be utilized in association with the Maroone Ford
car dealership to the south and east. The parcel will serve as an overflow bullpen parking lot for the
existing dealership for its new and used dealer stock. The applicant has submitted the following
project description;
"The lot will be used for outdoor storage of new and used vehicles for Maroone Ford which is located
just south of this project. This lot will help alleviate a shortage of storage space for existing inventory.
There will be no additional employees or additional structures associated with it. The vehicles will be
stored in "Bullpen" parking configuration and the hours of operation will coincide with the existing
dealership. "
Outdoor storage of new and used vehicles is allowed as a conditional use within the MIC Zone District
and that request is before you for approval.
The Planning and Zoning Board held a public hearing on this request on February 27, 2006. After
presentations from Planning Staff and the applicant the Board voted 7-0 to recommend to the City
Commission approval of the conditional use request, based upon positive findings with respect to the
Comprehensive Plan and Section 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations
subject to eight conditions of approval identified in the Planning & Zoning Staff report of February 27,
2006.
By motion, approve the conditional use request to allow for the utilization of lots for the parking and
storage of vehicles within the MIC (Mixed Industrial and Commercial) District for Maroone Ford, by
adopting the findings of fact and law contained in the staff report, and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5) and
Chapter 3 of the Land Development Regulations, subject to the eight conditions of approval identified
in the Planning and Zoning Staff report of February 27,2006.
Attachments: Planning & Zoning Staff Report of February 27,2006
C\D
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR MAROONE FORD
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
April 4, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Maroone
Ford. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future Land Use Element Obiective A-1/Future
Land Use Map: Is the property developed/redeveloped so that the future use and
intensity is appropriate in terms of soil, topographic, and other applicable physical
considerations, is complementary to adjacent land uses, and fulfills remaining land use
needs and is consistent with the Land Use Map?
Yes No
b Concurrency: Objective B-2 of the Land Use Element of the
Comprehensive Plan requires that development not exceed the ability of the City to
fund and provide, or to require the provision of, needed capital improvements for the
following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes
No
c. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
Yes
No
II. LDR REQUIREMENTS:
a. LDR Section 2.4.5CE) Reauired FindinQs: (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
I. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Nor that it will hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes No
b. REQUIRED FINDINGS RELATING TO PARKING AND STORAGE OF
VEHICLES:
Pursuant to LDR Section 4.4.19(D)(2)(b), garages and lots for the parking and
storage of vehicles are allowed as conditional uses provided any outside storage
associated with such uses may not be located within one hundred and fifty feet (150') of
any property adjacent to an arterial roadway.
Does the Applicant meet the requirements set forth in Section
4.4.19(D)(2)(b) to allow parking and outside storage of vehicles?
Yes
No
3. The comments and notes set forth in the staff report are hereby
incorporated herein
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the development application request was
submitted and finds that its determinations as herein set forth are consistent with the
Comprehensive Plan.
2
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves _
denies _ the conditional use request subject to the conditions stated in the staff
report and hereby adopts this Order this _ day of April, 2006, by a vote of in
favor and
opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
3
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
February 27,2006
IV-B.
Conditional Use Request to allow for the parking and storage of new and used
vehicles for Maroone Ford Outdoor Vehicle Storage, on a 1.923 acre parcel. The
subject property is located at 1320 Wallace Drive which is bounded by Gwenzell
Avenue on the west and Wallace Drive on the east. As a further point of reference
this is north of Milford Street and south of Georgia Street. (Quasi-Judicial Hearing).
GENERAL DATA:
Owner/Applicant........................ .
Location..................................... .
oroperty Size... .............. .............
Future Land Use Map................
Current Zoning............................
Adjacent Zoning........ ...... .North:
South:
East:
West:
Existing Land Use......................
Proposed Land Use....................
Water Service.............................
Sewer Service.............................
s.w.
SlREET
10TH
~ ~
< ~~o
r t~
- ~~t
PARK TEN 3"
It
~f
l.~
~
ROYAl AlM OR.
Maroone Ford
(Harry Brumley)
1320 Wallace Drive
1,923 Acres
CMR (Commerce)
MIC (Mixed Industrial-
Commercial District)
MIC
MIC & AC
AC
IND
Vacant
Parking lot for new & used
vehicles
Existing 10" & 8"water lines
along Wallace Drive &
Gwenzell Avenue
Existing 8" sewer line along
Gwenzell Avenue
Itf:)O
<t~
~".f
LINTON
CENffiE
MAROONE
N1SSAN
Planning and Zoning Board Staff Report: Meeting 02/27/06
Maroone Ford Outdoor Vehicle Storage-Conditional Use
The action before the Board is making a recommendation to the City Commission on a
Conditional Use request to allow for the parking and storage of new and used vehicles for
Maroone Ford Outdoor Vehicle Storage. The parking and storage of vehicles is allowed as a
conditional use per Land Development Regulation Section 4.4.19(D)(2)(b) in the MIC (Mixed
Industrial & Commercial District) The property is addressed as 1320 Wallace Drive and is
bounded by Gwenzell Avenue on the west boundary of the property and Wallace Drive on the
east boundary. For a point of reference this is north of Milford Street and south of Georgia
Street.
The 1.923 acres of property consists of Lots 6, 7, & 8 of Platt's Acres Subdivision and is
recorded in Plat Book 21, Page 47 of the public records of Palm Beach County.
The proposed car lot is to be associated with the Maroone Ford car dealership to the south and
east. The parcel to the south is seeking to use the site as overflow bullpen parking for its new
and used dealer stock.
A conditional use application has been submitted to establish a parking lot for new and used
vehicles for Maroone Ford in the MIC (Mixed Industrial-Commercial zoning district). This
conditional use application is now before the Board for consideration and recommendation to
the City Commission.
The request is for a conditional use to allow for the outdoor storage of new and used vehicles in
a 246 space parking lot. There is to be no building construction associated with the project so
building setbacks are not an issue. The applicant has submitted the following project
description:
"The lot will be used for outdoor storage of new and used vehicles for Maroone Ford which is
located just south of this project. This lot will help alleviate a shortage of storage space for
existing inventory. There will be no additional employees or additional structures associated with
it. The vehicles will be stored in "Bullpen" parking configuration and the hours of operation will
coincide with the existing dealership. "
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body which has the authority to approve or deny
the development application. These findings relate to the following four areas.
Planning and Zoning Board Staff Report: Meeting 02/27/06
Maroone Ford Outdoor Vehicle Storage-Conditional Use
FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and
the zoning district must be consistent with the land use designation.
The subject property has a CMR (Commerce) Future Land Use Map (FLUM) designation and is
zoned MIC (Mixed-Industrial-Commercial). The MIC zoning is consistent with the CMR land use
designation. The proposal is to construct a parking lot for new and used car storage for
Maroone Ford. This is allowed as a conditional use in the MIC zone pursuant to LOR Section
4.4.19(D)(2)(b). Based upon the above, a positive finding can be made with respect to
consistency with the Future Land Use Map designation.
CONCURRENCY: Facilities which are provided by, or through, the City shall be provided
to new development concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service established within the
Comprehensive Plan.
The development proposal is to establish a bullpen type overflow parking lot for new and used
vehicles. The development of the property for use as a parking area will not have a negative
impact with respect to concurrency as it relates to traffic, parks and recreation, solid waste,
drainage or schools.
Water and Sewer:
. There are 10" water lines along Wallace Drive and 8" along Gwenzell Avenue which are in
place. These are readily available and would require only minor extensions to bring water
service to the site for the irrigation of landscaping and cleaning of vehicles.
. There is an 8" sewer line which extends the length of Gwenzell Avenue at the west portion
of the property. With no buildings planned there would be no need for sewer/sanitation
facilities.
. Adequate fire suppression can be provided to the site from two existing fire hydrants
located to the west across Wallace Drive.
The Comprehensive Plan states that adequate water and sewer treatment capacity exists to
meet the adopted Level of Service standards at the City's build-out population based on the
current FLUM. The establishment of a new and used car parking lot for overflow storage will not
increase the demand on water compared to other Commerce (Industrial, Commercial, Service)
uses. Further, similar car related uses existed to the south and east of the property. Based on
the above a positive finding can be made that concurrency with the adopted LOS standards will
be achieved with the proposed conditional use request.
Streets and Traffic:
According to the submitted traffic statement, the proposed vehicle storage parking lot would not
have an impact or increase A.M. and P.M. peak hour trips. The traffic statement has been
transmitted to the Palm Beach County Traffic Division for review. A letter from the Palm Beach
County Traffic Division stating that the proposal complies with the Palm Beach County Traffic
Performance Standards Ordinance must be provided by the applicant and it is attached as a
condition of approval. It is anticipated that the proposal will meet traffic concurrency standards.
Based upon the above condition of approval being addressed, a positive finding with respect to
traffic concurrency can be made.
2
Planning and Zoning Board Staff Report: Meeting 02/27/06
Maroone Ford Outdoor Vehicle Storage-Conditional Use
CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and
required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis
upon which a finding of overall consistency is to be made. Other objectives and policies
found in the adopted Comprehensive Plan may be used in making a finding of overall
consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable policy was found:
Policy A-2.4 Automobile uses are a significant land use within the City and as such they
have presented unique concerns. In order to properly control these uses and guide them
to locations which best suit the community's future development, the following shall
apply:
4) Automobile dealerships shall be directed to the following areas:
· North of George Bush Boulevard, between Federal and Dixie Highways;
· East side of Federal Highway north of the north property line of the Delray Swap
Shop/Flea Market;
· South of Linton Boulevard, between Federal and Dixie Highways;
· Between the one-way pairs (Federal Highway), from SE 4th Street to SE 10th
Street; and from N.E. 5th Street to George Bush Boulevard;
· On the north side of Linton Boulevard, between 1-95 and SW 10th Avenue, and
along Wallace Drive.
The subject property is located along Wallace Drive to the west and north of existing car
dealerships. The requested use is appropriate as it is located in a designated area and will not
increase the intensity of the existing similar auto-related uses.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City
Commission must make findings that establishing the conditional use will not:
A. Have a significantly detrimental effect upon the stability of the neighborhood within
which it will be located;
B. Nor that it will hinder development or redevelopment of nearby properties.
The following zoning designations and land uses abut the subject property:
Zonina Desianation: Land Use:
North: MIC (Mixed Industrial-Commercial) Residential-Sunny Acres Subdivision
South: MIC & AC Maroone Ford
East: (AC) Automotive Commercial Maroone DodQe, Maroone Nissan
West: IND (Industrial) Georgia Street Industrial Park
3
Planning and Zoning Board Staff Report: Meeting 02/27/06
Maroone Ford Outdoor Vehicle Storage-Conditional Use
The proposed new and used vehicle parking for Maroone Ford is compatible with the existing
adjoining zoning and with the adjoining existing land uses except for the residential land uses to
the north (Sunny Acres). Adequate perimeter buffering and landscaping requirements to screen
the property will be required. To mitigate any potential impact to the residential land uses to the
north, alonq the north property line one tree shall be planted for every 25 feet to form a solid
tree line (LOR Section 4.6.16(H) (3) (e). This is attached as a condition of approval for the
conditional use request that this requirement be met with the site plan submittal to the Site Plan
Review and Appearance Board (SPRAB). In addition, a perimeter landscape buffer or wall with
a heiqht equal to or exceedinQ the heiQht of all vehicles stored in the parkinq lot will be required
for screeninq. This is also attached as a condition of approval for the conditional use that this
requirement be met with the site plan submittal to SPRAB. Provided these conditions will be met
a positive finding can be made that the proposed conditional use will not have a detrimental
effect on the stability of the neighborhood nor that it will hinder development or redevelopment
of nearby properties.
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be addressed by
the body taking final action on the site and development application/request.
LDR Section 4.4.19(D)(2)(b)
Pursuant to LOR Section 4.4.19(D)(2)(b), garages and lots for the parking and storage of
vehicles are allowed a conditional uses provided any outside storage associated with such uses
may not be located within one hundred and fifty feet (150') of any property adjacent to an
arterial roadway. There are no arterial roadways within 150 feet of this site and this requirement
has been met.
LDR Section 4.4.19(H)(2)
Pursuant to LOR Section 4.4.19(H)(2), within the front yard setback, the first ten feet (10')
abutting the Wallace Drive right-of-way shall be a landscaped berm area within which no paving
shall be allowed except for driveways and walkways leading to the vehicle parking area. Such
driveways and walkways shall be generally perpendicular to the property line. This is provided
on the site plan.
LDR Section 4.3.4(H)(6)(b)(1) Special Landscape Setback:
Pursuant to Section 4.3.4(k), 25% of non-vehicular open space is required. The proposed
parking lot site is deficient with regard to the required total open space in the MIC as the
proposed plan provides 23.7% open space, primarily as a perimeter buffer (18,414 out of
21,250 square feet of landscaping) within the interior of the site. This is attached as a condition
of the conditional use approval that the landscape plan and site plan submitted to SPRAB
provide a minimum of 25% open space.
LDR Section 4.6.6(C)(2) Outside Storaae:
Pursuant to LOR Section 4.6.6 (C)(2): (1) Materials and equipment stored outside must be
screened from view from adjacent public rights-of-way in a manner approved by the Site Plan
Review and Appearance Board. (2) It is not intended that sales or customer service be
conducted in an area designated for storage areas. These are attached as conditions for the
conditional use approval.
4
Planning and Zoning Board Staff Report: Meeting 02/27/06
Maroone Ford Outdoor Vehicle Storage-Conditional Use
LDR Section 4.6.16(H)(3)(i) Minimum Landscape Reauirements:
Pursuant to LOR Section 4.6.16(H)(3)0), each row of parking spaces shall be terminated by
landscape islands which contain a minimum of seventy-five (75) square feet of plantable area,
with a minimum dimension of five feet, exclusive of the required curb, and shall be placed at
intervals of no less than one landscape island for every ten (10) parking spaces. The site plan
does not meet this requirement and will need to be satisfied for site plan approval. This is
attached as a condition of the conditional use approval that this requirement be met with the site
plan submittal to SPRAB.
LDR Section 4.6.8 Liahtina
The issues arise with the requirement for the lighting of the overall site in which the maximum
averaqe illumination cannot exceed 4.0 foot-candles. The photometric plan submitted shows a
maximum of 5.82. The revision of the photometric plan to reduce the uniform lighting to a
maximum of 4.0 foot-candles is required and attached as a condition of the conditional use
approval. The photometric plan also does not scale the concrete pole detail to determine if the
light pole and light fixture combined meet the 25 foot requirement. The concrete pole detail must
be modified to include a scale to determine compliance and is also attached as a condition of
the conditional use approval.
LDR Section 5.3.1 (D) Riaht-of-Wav Dimensions:
Gwenzell Drive is considered a Local Commercial/Industrial street requiring a 60 foot wide right-
of-way. The applicant had asked the Development Services Management Group to consider a
reduction in the required right-of-way dedication from 60 to 50 feet per LOR Section 5.3.1(0)(4)
STREET TYPE WIDTH IN FEET
County Collector 80
City Collector 80
Local Commerciall 60
Industrial Street
Local Residential Street
. Without Curb and Gutter 60
. With Curb and Gutter 50
(4) Reduction in Width: A reduction in the required right-of-way width established in
Subsection (0)(2), above, may be granted by the body having the approval authority of the
associated development application in developments in which new streets are created. For
existing streets, reductions in right-of-way width may be granted by the City Engineer upon a
favorable recommendation from the Development Management Services Group (DSMG).
Reductions in the required right-of-way width may be granted pursuant to the following: [Amd.
Ord. 29-98 8/18/98J
(a) The reduction is supported by the City Engineer. Nonsupport by the City Engineer may be
appealed to the City Commission. [Amd. Ord.9-02 3/5/02J
5
Planning and Zoning Board Staff Report: Meeting 02/27/06
Maroone Ford Outdoor Vehicle Storage-Conditional Use
(b) That requiring full dedication would constitute a hardship in a particular instance and that
all required improvements will be provided in a manner which will not endanger public
safety and welfare
(c) That acceptable, alternative provisions are made to accommodate features which would
otherwise be accommodated within the right-of-way e.g. alternative drainage systems,
alternative pedestrian walkways, alternative on-street parking, et
The Development Services Management Group met on 2-16-06 and approved the right-of-way
reduction from 60 to 50 feet for Gwenzell Drive.
The development proposal is not located within a geographical area requiring review by the
CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority).
Public Notice:
Formal public notice has been provided to property owners within a 500-foot radius of the
subject property. Letters of objection, if any, will be presented at the Planning and Zoning
Board meeting.
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations, which have
requested notice of developments in their areas:
1. President's Council
2. South ridge HOA
3. Woods of South ridge HOA
4. Progressive Residents of Delray
5. Neighborhood Advisory Council
The proposal requests a Conditional Use approval for the parking and outdoor vehicle storage
of new and used vehicles at 1320 Wallace Drive for Maroone Ford. The 1.923 acre site is to be
used in conjunction with the Maroone Ford dealership to the south as a bullpen overflow parking
area. No building construction is proposed. Provided the conditions of approval are addressed,
the proposed use will be consistent with the policies of the Comprehensive Plan and Chapter 3
of the Land Development Regulations. Subject to meeting the required conditions of approval,
positive findings can also be made with respect to Section 2.4.5(E)(5) that it will not have a
significantly detrimental effect upon the stability of the neighborhood not will it hinder
development or redevelopment of nearby properties.
A. Continue with direction.
6
Planning and Zoning Board Staff Report: Meeting 02/27/06
Maroone Ford Outdoor Vehicle Storage-Conditional Use
B. Move a recommendation of approval of the request for the Conditional Uses to provide a
253 space parking lot for new and used vehicles for Maroone Ford., by adopting the
findings of fact and law contained in the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan and meets criteria set forth
in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations, subject to
conditions.
C. Move a recommendation of denial of the request for the Conditional Uses to provide a
253 space parking lot for new and used vehicles for Maroone Ford., by adopting the.
findings of fact and law contained in the staff report, and finding that the request and
approval thereof is inconsistent with the Comprehensive Plan and does not meet criteria
set forth in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations
Move a recommendation of approval of the request for the Conditional Use to provide a 253
space parking lot for new and used vehicles for Maroone Ford., by adopting the findings of fact
and law contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5),
and Chapter 3 of the Land Development Regulations, subject to the following conditions.
1. That a letter from the Palm Beach County Traffic Division stating that the proposal complies
with the Palm Beach County Traffic Performance Standards Ordinance must be provided
by the applicant.
2. Provide site lighting photometric plan in compliance with the 4.0 Foot-candles maximum
illumination level per LOR Section 4.6.8(c) and scaled detail showing compliance with
the maximum height requirement of 25 feet.
3. A perimeter landscape buffer or wall with a height equal to or exceeding the height of all
vehicles stored in the parking lot will be required for screening. Provide buffer or wall
details and statement of the specific height of the buffer or wall and the vehicles stored
in the parking lot.
4. Require one tree to be planted for every 25 feet to form a solid tree line along the perimeter
of the north property line per LOR Section 4.6.16(H)(3)(e)
5. Provide a minimum of 25% non-vehicular open space.
6. Materials and equipment stored outside must be screened from view from adjacent public
rights-of-way in a manner approved by the Site Plan Review and Appearance Board.
7. Sales and customer service will not be conducted in the vehicle parking lot.
8. Revise site plan for interior landscaping to be compliant with LOR Section 4.6.16(H)(3)(i)
& 0), requiring each row of parking spaces to be terminated by landscape islands.
Attachments:
. Location Map
. Site Plan
Report Prepared By: James G. Cain, AICP
Senior Planner
7
I tJ=1
7F
ROYAL ALl.! DR. l--E//
Y~
, /
/.
~~:~~ ; tmJ~~'.""mA ",,,. Ii
~ ~ -----
I-
'--- GEORGIA STREET I
~~ 'wi :
Vl-.l (j
~~ ~
\, !~I I
I.!ILFRED STREET /
,
PARK TEN ~
vi
~
~
~ ~
..: f:P $)'
:I: t~
~ q,'('~
~
f:P $)'
~~
~
q,'?' ~
'V
PARK TEN
JRD ADD.
t--
MAROONE
FORD
OUTBACK
CIRCUIT
CITY
!f>
f<.'J
:.{f
~'r'
Ii
!/
N
-
THE HOME
DEPOT
CITY OF OELRA Y BEACH. FL
PLANNING'" ZONING OEPARThfENT
-- DIGITAL BASE MAP SYSTEM --
~ ~
..:
..:
:r:
- I-
en
3i ~
10
S.W. ll1H
is}
"' .
Vl
ELLA ST.
).
~~Vj!:
~ X-- 10
~SU~ =
~-
L-V
SOUTHRIDGE RD. f
SOUTHRIDGE
VILLAGE
CONDO
/ I
J
~
MAROONE iii
DODGE
MAROONE F
NISSAN I
tf
5
Q.
LINTON
J
ROSS
/ ]
~
~
!:
T ARCU
THE
GROVES
...
::::>
~
..:
111\
I
F
~
w
BESSIE ST. ~
~
..:
~
....
ST.
~
vi
II II I
DOUGLASS A \'E.
"'~
$f
'r'
S1......
~...
'J-<::J
o
~"@
,&'<f.
c;
,::,"-
'"
'r'
!/t
~
'\:;
ZEOER AVE,
BENJAYtN AVE.
II I
i!'
S; VJ~_
VlIsOUTHRIDGE ~ "'
CONDO c;:
LINTON
BOULEVARD
PLAZA
~ ~~ I
~(~~/
MAROONEFORD
I TERNA TlONAL
LAVER'S~
C'/,?,
~
LAKEVIEW ('
APARTM[N~
-~'-
'\
'--
MAP REf: LM906
~r"
~~
~__ _ _ ---t-----------~-"!...~~ ?~_L....t:.__~.!.. ['.N U ~"..
."'N ~ P";!fO ----I
~:; ~ : . ;.,
_ t<-------
~r-:.~-'-~=~-:-:-:-::-:-::.=~-:F:=~::~~~~~~."!'~~~~-:.-
'?:
"
;U
o
"
o
V>
m
o
V>
=<
m
"
):
Z
""
,
I
.
l
.",
~
Y-
00
! :
i:
0,
~
:,,~
~ .~
!~
. .
! :
f:
. ,
. .
!
!
!
!
i
;
;
" t:
?t4----
~! I
I'
~ ('
i:
\U,
r'
,)-'
oz'
li*:
~:
It
~:
."
ir:
h
.
it]
<::'
;= ftz
-'1 .
I '~I r
L1.". =
;u ~
'" .
i
,-
........
.r_
'...
:'i
l
,
,
o
,
,
" ,
.....~.... ......~...~.....::.
~-'-
~~
r~""'/
~J'?
~}
I i ~ ~ i ~ . , i tii
: i a
z ! i i ! !
5 :i m
I E i i ~ ~ 0
~ ~ I 1:' i i !
~ ~ f )l!
I I I I ~ I e a
~ ~ i ~.
; c c I !
~ i I i i ",.
. 0'.
0 i ~ '8':
)I, I . O.
~ i 6 i i .:
Ill'::
i _o~,
I .13 i . .. :,;,:,,,,,
~ I I i i ~..:..
I j I I V;'
i5 x ~
z ~ I,:
~, f i .
~ I.;
~'" .
i . i ;,~~ 1 .
- - . ~ 1\,'
'" e
.. ~t ~t.
.,
. - : . i . - I!
... .-
~
)>
"
"~~-~:Hrc~iJ~... ~Ii
\' " L"I \. If
1:1' ,..i I,
;!I~:'",)i
,,-iLc=r-~~=.~c.
'.\. l .1 "lJ
)} ..=\r ~~,.,~
~H!H~II ;inl
~e I ~ i ~ Q ! : ;. ~ .
~<.-;il~..~!io.
ri~; ~..-~g1:"O'"
~~ ~ 1 ~ !! ~ ~;;!
~=:.;: ~ z ~
~2! i !~ ~
~~ 1 2 i" ~
~! ~...
~~Oi.>
iU,
o~.
2:~Z"
E~:-
.~>.
8Q;!
;~1\
;a~
f;!ill
~,,~
~ii
1\'.:'::
~o
~i
t.
'----...
----...
or-
~ftl
~;~[jj)
~ ~ '; ~ 11111
l!~ ~= _ 0,'
L-
.-...cHII(O"
~.1)9"S9
2),n HOll 'fWOOO Il.n
HOlt twOOO. flOROA
Ill:f9~..'12)-~
O....NfIl'
MJlJtO()NE fQR() ___
)l"llH'lCll'f....O
NU!"'''' MACH. F\
lfl;19'Y1 7l.'.71~
[ !
~.... ~
i~'
!- ~ f
0'
Ll
,; J
"t:!;.
!B
, .
1 '
,
~~d
~ 8. ~
"-
::h..
t:
:;. n
t''''O<:3:
~g~l"l)o;g
g-!:~~~
~ .., oon
... ...t<z~
l'l t' l"l t<l
... g (/) "l
~ :.:: 80
z )> O:>l
~o
QO
l"lC
8
I
:<;
L :-_--r- 1 " -
I,~ ,~~--1 =-~"
I ...-J=---~_ ''- "':'-" "-' - ~~..
~ . ,,_ ~ I . _u----=----<--
l.'.' . u"?' ~ ~
, +\1" + ~.-=,-'
;( ~;rrlfflEfW~' W,:.,;; :~- .
" " 1 0 ~ ""y ~
y~ " ~ 1 ",LJ
. ,;~ Nn"
V'-IrT7 '. ~ ~- )
I- _.! ., '-J":~ "-
.... N~ _'S- ';:;~.'_ 'F< I-' ----i J
>- . ~ L 'n. C>
o
~-
.---1
-+=-
r.
o
a;:'
-n
N
(
- \.
~~ ~ I
,~:~
~t, -
'-.;; t::.
v.
g '" ~ r-
'\ .... t--~r
.EliO
~ ( ~ L L
~C l:
c.oi
&
~ t< <.);
0
8
)
) w
-
-
---=
{} -
-~ L:;
E
~o
''--~
-
-
-
0
- -
-
~
_ 0 ----i
0-
.----: ~ B-
,=;..
--
I
)
!
----+- -
------1
------,
n ~~
L"-~
~ J
I)
(\! '\
----+--
~
-
~ --+-
-
-
~
-
.
-{ 0
<.); 0
)
)
)
I-'
o
- ~
\ ~
( L
~
( '" r-l
~
.'
.' ~
t<
~ +~
=t-~= ~~
I ,,--
-.n- ---::J - ~ ~ ^ n
--~-: ~
A:;; ~~ r 5::;.f---
~t1oF "'-
'-2 -- :;\2:
~~-D) ~:;; I-'
.:::;r---'C>
----'
-
~~
r
------i
I) "~
) 8
~ 1. '"
'~
~m
~~~.
Ce "'. ~ '
.,.IUor.i" c · ~ ~ --...::
"-;"~~+.. < ,
mJ :J
gell')~', '. g~il::N ~ ~
;0.,,0 ,,("l'" ~
~~ ~D- ~~~~ ~:
~s=~ }Z _.- :
~~~; ~~ ~~; S~~~~~~ n--l r
~;~': o. 550 ~~n~"a! ~ "ell')
;~~~ ~~ ~;;~ ~~i~~~i 0 ~f
:.~ ~ ~ ~ ~~:5 ,,;: ; ~?"
~~. .~.~~ ~ __"a o~ ~ ; ~ ..
- - _!~ ; ~ ~ -
:> Ii? n"'_ ~s e ~ ::
i i t ~ ~ ~ ~ ~
i; :: 0 i
~ ~ 0; ~
~5
.-, Q;;:
CD~~ E~ I ~g!
m !~ !ll
~!; ~ B~
g~~ ~~ ...o~
:Do~ ~ --
rf> 1\ ;1
:;:) ~
~ i!
c:
~
o
~:~~ :=~~3
lIi! ilIl
;;>;<;! ;0:: ,;
~ :: ~ ~ ",-,.2._ :...:
~.~~ --
~): !
':
~~
I~/
l')
'I
~
~
n
~N
.;
N
-
I ilHi~P!l1 F!..",
_,I, r,nt! rilli ;I g H
I' .;1;.. !fi! .~;: i1
J ! - i ,a 0
I >7 ~ I! J 0 ~
~ i :5 -::! ~ ~ =)lJ
'II In : i:- 1- ..-
~ ~~ ;:: ~;:
~ I :::1 ~!! ~~
?i ;;;; - 0
~ i i 1 ~5
_ 0-
f ~! i
;. ;- ~ ::
. - ~
.-::-!'
~ i ~ ~
1;
!!
CONDITIONAL USE REQUEST FOR
MAROONEFORD
-
City Commission
April 4, 2006
-
-
~\~ ~~
~~ ...,,," ~
~C\" ~ - 4\~\\)v
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR MAROONE FORD
ORDER OF THE CITY COMMISSION
OF THE CITY OF DElRA Y BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
March 6, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Maroone
Ford. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future land Use Element Obiective A-1/Future
land Use Map: Is the property developed/redeveloped so that the future use and
intensity is appropriate in terms of soil, topographic, and other applicable physical
considerations, is complementary to adjacent land uses, and fulfills remaining land use
needs and is consistent with the Land Use Map?
Yes _X_ No
HOW THIS IS MET:
r-
Policv C-2.3 The following pertains to the Wallace Drive Industrial Area:
This area shall be primarily industrial (L1 Zoning) with an emphasis on commerce
uses (PCC, MIC zone districts). The City, through its water and sewer capital
improvement program, shall install water and sewer mains throughout the area.
Unimproved and underimproved rights-of-way shall be abandoned when it facilitates the
aggregation of parcels and larger scale development provided that the right-of-way is
not essential for traffic flow purposes. Support uses for the existing automobile
dealership uses are encouraged. All commercial uses shall be allowed with the
exception of "strip-type" development along Wallace Drive which is not desired because
of traffic conflicts along this collector street.
b Concurrency: Objective B-2 of the Land Use Element of the
Comprehensive Plan requires that development not exceed the ability of the City to
fund and provide, or to require the provision of, needed capital improvements for the
following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes _X_ No
WHY THIS IS MET:
The Staff Report states that a positive finding can be made that
concurrency with the adopted LOS standards will be achieved with the proposed
conditional use request.
c. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
Yes_X____ No
WHY THIS IS MET:
Policv A-2.4
Automobile uses are a significant land use within the City and as such they have
presented unique concerns. In order to properly control these uses and guide them to
locations which best suit the community's future development, the following shall apply:
4) Automobile dealerships shall be directed to the following areas:
· North of George Bush Boulevard, between Federal and Dixie Highways;
· East side of Federal Highway north of the north property line of the Delray Swap
Shop/Flea Market;
-
,
· South of Linton Boulevard, between Federal and Dixie Highways;
. Between the one-way pairs (Federal Highway), from SE 4th Street to SE 10th
Street; and from N. E. 5th Street to George Bush Boulevard;
· On the north side of Linton Boulevard, between '-95 and SW 10th Avenue,
and along Wallace Drive.
The subject property is located along Wallace Drive to the west and north of existing
car dealerships. The Staff Report states that the requested use is appropriate as it is
located in a designated area and will not increase the intensity of the existing similar
auto-related uses.
II. LOR REQUIREMENTS:
a. LOR Section 2.4.5(E) Required FindinQs: (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Nor that it will hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes _X_ No
WHY THIS IS MET:
The Staff Report states a positive finding can be made that the proposed
conditional use will not have a detrimental effect on the stability of the neighborhood nor
will it hinder development or redevelopment of nearby properties.
b. REQUIRED FINDINGS RELATING TO PARKING AND STORAGE OF
VEHICLES:
Pursuant to LDR Section 4.4.19(D)(2)(b), garages and lots for the parking and
storage of vehicles are allowed as conditional uses provided any outside storage
associated with such uses may not be located within one hundred and fifty feet (150') of
any property adjacent to an arterial roadway.
Does the Applicant meet the requirements set forth in Section
4.4.19(D)(2)(b) to allow parking and outside storage of vehicles?
Yes _X_ No
WHY THIS IS MET:
The Staff Report states there are no arterial roadways within 150 feet of this site
and this requirement has been met.
3. The comments and notes set forth in the staff report are hereby
incorporated herein
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the development application request was
submitted and finds that its determinations as herein set forth are consistent with the
Comprehensive Plan.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves_
denies _ the conditional use request subject to the conditions stated in the staff
report and hereby adopts this Order this _ day of March, 2006, by a vote of
in favor and
opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
Memorandum
01(
p~LRoA': B~P! P71
t&ezII
mr
Community Improvement
Horticulturist
r- 1" r:; ~~; "'T'
...~ '..P ..... If r.::. ~1
1993
2001
FROM:
DAVID T. HARDEN, CITY MANAGER
LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT LO
NANCY DAVILA '0) 0
PAR R - 2006
CITY MANAGER
TO:
THROUGH:
RE:
POLICY ON TREE REMOVAL/REPLACEMENT AFTER
STORM EVENT
DATE:
MARCH 3, 2006
In response to your comment regarding the proposed policy for tree removal and
replacement after a major storm event, as to whether it is realistic to expect tree
replacement in six months for commercial and one year for residential, I have
modified the language somewhat. I have put more focus on dealing with
hazardous tree situations, and I have opened the door for extensions, if it can be
demonstrated that plant materials aren't available.
Most of the commercial properties already have landscape maintenance
contracts and these same companies usually come in to clean up after the
storms. Many of the commercial properties have done this without being asked.
Of course, the same property owners who are consistent violators of the
landscape maintenance requirements are the ones who just leave stumps over-
turned and still have hazardous trees on site.
If we don't have some ability to cite them, these conditions may not improve.
also have issues with district boundary separation requirements between
residential and commercial, where I need to be able to cite the commercial
properties to replace these required buffers.
As I have said repeatedly, this City was truly blighted when I came here 25 years
ago. The emphasis on beautification through the landscape code, the City's
focus on our master plan for streetscape and our parks and city facilities have
made this City a place where people want to live and visit. I don't think we can
loose sight of the importance to return our City to the pre-storm condition.
~E
TREE REMOVAL AFTER A HURRICANE OR MAJOR STORM EVENT
Residential Properties
Sinale Familv Residence in R1 Zonina Districts
Immediately after a hurricane or major storm event, and for a period of 60 days,
homeowners ( or contractor) may, without obtaining a permit, remove trees that have
been uprooted and are too large to stand up, or trees so severely damaged that
remedial pruning is not feasible. This grace period and relaxation of permitting
requirements is extended to allow homeowners to trim or remove hazardous trees,
knowing that most of the larger tree trimming companies are unavailable due to ongoing
contracts with large scale commercial or residential properties. We do caution
homeowners to request to see a contractor's tree trimming license and to ask for
evidence of workman's compensation insurance. As these trees will have to be
replaced, homeowners should be judicious as to what they are removing.
After 60 days, no trees or palms can be removed without obtaining a tree removal
permit from the Building Department. The tree removal permit application must be
submitted by an arborist or tree trimmer holding a valid City occupational license. Tree
replacement will be a condition of approval of the permit.
Single family residences constructed after 1990 were required to provide a landscape
plan along with their construction drawings, referred to as the 'Landscape Plan of
Record', which is required to be maintained in good condition in perpetuity. To this end,
the City asks that homeowners assess their storm damaged landscape materials and
address remedial pruning or replacement of these materials within one year from the
hurricane or storm event, which caused the damage.
All storm damaged trees should be pruned to eliminate hazards such as hanging or
dangling limbs. Palms should have any dead fronds removed as well as fronds which
may have fallen across the bud, which could restrict the emergence of the bud and
development of new fronds.
Duolex & Multi-familv Residential
In the event of a hurricane or major storm, hazardous trees which may endanger public
health or safety may be removed without obtaining a permit for a period of 30 days. This
grace period is provided with the knowledge that city staff would not be able to review
applications, inspect properties and issue the permits in a timely manner, given the wide
spread damages. Only trees which are a hazard, which are uprooted and can't be
righted, or interfere with the safe use of streets and sidewalks may be removed. After the
30 day period, tree removal permits must be obtained by a licensed tree trimmer prior
to any tree removal. The permit will state as a condition of approval the number and
types of replacement trees required. Failure to obtain a permit will result in a triple fee
and possible code enforcement board citations.
Corrective pruning is required for trees with hanging or dangling limbs or whose
branches were torn off and need clean cuts to allow the trees to recover. It is strongly
recommended that a professional arborist, who may be affiliated with the National
Arborist Association, The Florida Arborist Association, The International Society of
Arborists or the American Society of Consulting Arborists, be hired for this work. This
will ensure that remedial pruning is done correctly, which will benefit the long term health
of your trees. The following link to the University of Florida Website should help you
understand restoration pruning and provide guidance on some typical storm damage
http://hort.ifas.ufl.edu.woody/prunina/index.htm .
Duplex or multi-family residential properties have either a 'Landscape Plan of Record' or
a plan addressing 'Minimum Landscape Requirements', which must be maintained for
the life of the project. This includes all apartments, townhouses, condominiums and the
like.
The property owner, or association board is ultimately responsible for the replacement of
the trees, palms and plant materials that are included in the landscape plan of record.
Although the landscape permit fee will be waived, a landscape permit must be obtained
to enable the tracking of these projects. All replacements must be installed within one
year from the hurricane or storm event. This should provide time to determine the
landscape plan deficiencies and to initiate and approve an assessment, if contingency
funds are not available to cover these losses.
Commercial Properties
All non residential properties shall comply with the guidelines for multi-family residential,
with the exception that the time period for tree replacement will be reduced to six
months. Property Manaaers must eliminate hazardous situations as soon as possible.
This includes trees that have fallen over leavina an exposed and uplifted rootball,
danalina limbs and other unsafe conditions. It is important to eliminate such hazards.
even if a new tree can't be planted immediately. If it can be demonstrated that plant
materials are unavailable, an extension of the six month replacement period may be
aranted.
Certificates of Occupancy
After a hurricane or storm event some plant materials may not be readily available. The
owner may provide a landscape bond in the amount of 110% of the cost of the materials
and installation, to cover deficient plant materials. The landscaping shall be installed
per the approved plan within 6 months of the issuance of the certificate of occupancy. If
additional time is needed, the request must be made in writing stating specific reasons
the landscaping can't be installed. Once the landscaping is installed per plan, a
landscape inspection must be scheduled. Upon approval, the landscape bond will be
released.
Davilalwww/hurricaneltree replacement
[ITY DF DElRAY BEA[H
DElRAY BEACH
DaatI
All-America City
, 'III! TO:
1993 FROM:
2001
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
MEMORANDUM
David T. Harden, City Manager
1J1..0bert A. Barcinski, Assistant City Manager
DATE:
March 29,2006
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING
APRIL 4. 2006-SPECIAL EVENT REOUEST
ART AND JAZZ ON THE AVENUE
ACTION
City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled
for May 11,2006, from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR
Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to NE 7th Avenue, the
south side of Atlantic Avenue from NE 7th Avenue to just past the Blue Anchor Pub, (
Railroad Drive from Atlantic to NE 15t Street, and NE 2nd Avenue from Atlantic Avenue
to NE 15t Street, the Tennis Center parking lot, and to authorize staff support for security
and traffic control, banner hanging and removal, barricade set up and removal, trash
removal, and clean up.
BACKGROUND
Attached are the special event permit request, budget, site plan, hold harmless agreement,
and certificate of insurance for this event received from Marjorie Ferrer. Although we
are not asking to close Atlantic A venue west of Swinton, the event boundary will extend
to NW/SW 5th Avenue. Also being held this night is the 9th Annual Bed Race.
Entertainment will be located in the library, in front of Atlantic Grove, and in the Tennis
Center parking lot. The estimate of overtime cost for this event is $8,800. Cost for
barricade rental is estimated at $275. Although EMS assistance was not requested staffis
recommending it be required. Based on the event agreement, the Downtown Marketing
Cooperative is to pay the city 20% for all costs over $1,000. The estimated charges for
this event are $1,835. This event is sponsored by the Sun Sentinel.
RECOMMENDATION
Staff recommends endorsement of the event, approval of the temporary use permit and
street closure, staff support as requested, including barricades with payment of costs to
the city per the agreement dated January 24, 2005.
RAB/tas
Attachments
File:u:sweeney/events
Doc: Agenda Item Art and Jazz May 2006
* Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
6~
[;10
561/243- 7000
C\G
. : Wft"';" . .~'.. ,,)L.
. bll>.( o;".~
. ,. :r:
. O.~'w;
. ~ ~L
';"'.p -4 )0' ~ ~:F"
1 , 1 --_ ~-.~_._i.~;".'__
.~
....
City of Delray Beach
Special Event Pennit
Application
OIlRAY IEAC~
~
fiii~
1993
2001
PLEASE PRINT
Date of Approv~llOeniat
Title
;4 A r -i :7A 2.. 2- (f) /JI
C
Event ApprovedJDenied
Approved/Denied by
1.
2.
3.
4.
. 5.
6.
7.
8.
i
.'
~#
9.
33YR3
City )( Non-Profit/Charitable [j private 1:1
10.
12.
13.
14.
15.
16.
'1
,.
17.
18.
19.
20.
21.
22.
yes
no~
no
23.
Will supptement with private security:
(If yes, "eed pIa" attached)
Requesting Emergency Medical assistance: yes
Requesting barricade assistance: yes
Requesting trash removal/clean up assistance: yes
Requesting trash boxes and liners: yes
Requesting stage use: yes
(If yes, check type)
Large stage covered 0 "-in." dllgl ns..ae..,e, [J
stage 0
Requesting signage: yes
Type: Event sign (4tX4~O Directional signs
Banner hanging I Indicate dates required / alEE'*" f;1RI< n"'~ --l-
(Waiver required if more than one (1) week prior to eve"t) ~". 1/01_ i
Food and beverage vendors: yes no A"f e e fJ rt:
If yes, please provide the approximate number, 8S well as the nam, W~ t'
address, and contact phone number of each vendor which is due no later .LrLJ<Nflc.
than one week prior to the event ~.v
./
Vi,
~
V j
./" no
V. no
v' ~ no
V no=- ..,
Small stage wtHal~.rr ~
n~B~C:N\~
24.
25.
26.
27.
Health Department approval: (see attached) yes no
Other vendors: - ~f~;Y5~ bZ. &/Y'I..L-/ yes. no
~* ~ ~ 00
(If yes, tent permits and fire inspections maybe needed) L
Will the event include amusement rides? requiring state approval? .
yes no
(If yes, type and location and copy of liability Insurance required)(Also,
please provide the name, address arId contact phone number for each
amusement provider along with copies of thei, liability insurance)
28.
yes
..~
no v/'
~
/
29.
Will the event be gated?
(ShOW on-sit. map)
Will there be fireworks or other pyrotechnics? yes
(" y.s, contact Fire Marshall)
Will there be cooking with compressed gas? yes
(If yes, contact Fire Marshall} /
Will you be providing port-a-lets for the event? yes V no
(If yes, locate on-site map. If no, indicate how you will handle T8stroom
needs) .
Will there be a charge for the event?
(If yes, Indicate ticket prices)
Is reserved parking requested?
(If yes, indic.t. locations)
30.
no
31.
32.
no
33.
34.
yes
no ~
no V
yes
2
~~
35. Nei hborhood Block Parties Ne; hborhood block arties onl
. Is event sponsored by the Homeowner's Association? yes_ no_
(If not, then indivldual(s) submitting permit apptlcation must also submit a
petition signed by 51% of the homeowners who live on the block)
. Please note the following: 1 ) ApprovalS will only be given for a one (1)
block area 2) Permit applications must be received In writing by the City
Manager's Office at least thirty (30) days prior to the event.3)
Consumption or sale of alcohol on City rights-of-way will not be
permltted.4) Structures other than barricades are not allowed in City
rights-of-way.5) Homeowners Association will be required to pay all
overtime costs that may be incurred as a result of City staff involved in the
event.
Event Contractor/Coordinator ~ Date
Please print: M~62.JJ?A2J~ C!id2C2I:R....
~ '
Please enclose the appropriate non-refundable application fee payable to the City of
Delray Beach, 100 N.W. 1&t Avenue, Delray Beach, Florida 33444. .
Application fee received $ . 1 tro
For Staff Use On
Dale Received
Site map ~
Budget v /'
Certificate of insurance v
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
lb FOL.L-,l9 ~
;? a:.1" ~ :f;4? Z -
~litJ6
3
't~@
~
1~L,
- --It~ -A:~~NBl8,
'N.W. .. I n.ftY"E:
!-{ ill [ill] JTI ~.
I
~(J, 7
?- K~
~ -;:., ---
j, ~&
~\:::>. '"'"'
,.. ?
-
-/
0;-
-r
I
~
s=-
tP
~
~
-.......
('\
;::,
(f
1
-
;s
~
;s
-t
C" ....
. ."-
SwiNTON AVENUE
.~
OJ
o
,~\ ?
.';,.J r---,
(""", r--
r-- ____
:? Q
~
(::-. f\"
~ ?
. ()
.-----
(t) ~.
vx~
(]\
]
CJ
1 T' A'lENUE:
"
t~
-i2
o
r~ -
~-'~
~ ~
]~
-----..-.
"-
~
~
-
~
~.
~
illbd
~-iEIf:- ! TI- .
~ ~~ ,~-
. ( E ~. .
o ~
fi2
.~ ~~"",'\\.""""""'\..,,,\'\J ~
< p ~ [
:I: .?'~ /1
~. $;$</~.
I"''' ~
_ k-~""" "',,'\.~:.:~ -- -..
~ I
Ii@
I I \
AS> f
~~
~R ~
---5-?
~'M-;-
;;, .
rr :::;--
I ~
~
;5
~
<:""
1-
[J
=RWAY
'gr..
-0
~m
I
,^ " :t 1 !
"I'" " ". 0 I
~::c .. I
- - ~ I
0.-4
Kr~
o
m.
:II
ui
2:'
'm
.""l
~..
-I
go
~
IN
'"
N
i!:
o
N
'"
N
""
IN
CO
El.
S
t;;
(4
CO
.:
)
-I
~
r-
~
"tJ
m
Z
(J)
Cl
a~r;
;li~i
-/4-
:go,gt
"""c
8l=i"
iii 3 3
CD
;:!.
W
~
~
~g
w
~
"g:
UI
~
co
""
o
o
o
o
N
15
co
'"w
8l
N
-:..
~og
g~$l
< 0 ::J
m.[~
Ilo ~
s:: c
CD E'
l*- ~
;a.
""
'"
0.
g
W
N..a.O
000
000
.~
o
co
....
N
(II};
coo (4
(J) ;;;:: 0 -I (/) '-0 3:
i gR' ~ f ~ ~.
=i~cf: -,,!..
&: ::I 3 m <5. ~ ~
Q.-.~d()CD
s:cta;goo
(Q ::J c: c:
III ~ (II
::>
iii
g
N
U.
o
o
~
N
~
UlN
00
00
~g
~~
"g,:r
m ~
eo
,g
UlN
00
00
W
NW
(IIN
.j:>
0.....
oen
t.....
OUl
,
~~f?
1Il s::!!.
=u 6: cg
5-~RO
5';:!~
(C !!1. "C
cf: =
!!l.
Ilo
"
::!.
::I
a:
::I
(Q
0>
o
N
~CD
c.> CD
<00
'"
o
N
~o.
wco
"'0
UI
o
o
'"
o
o
00
UI
o
o
"=--:
WN
~o
~
(ii'
~
ill
:J
~
c:
IJ)
~~
as::
5")>
(Co.
~
iF
5"
(C
i
(II
o
c
'"
UlO
00
00
(II
o
o
N
""en
"'.....
",co
~al"::oom(')
o 0 ll> 5::> 0
tT~::>~m::l
~fJ"'6a.O::l-q
-IalrfC(j!!!.lll
re3.!!l.~al~-
32l1lg.0CD~
~ <a:=ta~.
III 2: lil lil
III III
~
-tr....... <001
~dHg 8~
000 .....en
... ...
~1l:~
000
N..>oN
'0..>01;(
880
...
"'UI
b"CD
ON
.....UI
..>oN
en..........
'01;(. -:..
8015
nal".....om
.,~RiS:~~
~~.ig2~
;I~!!l.~CD5"
III III III a. ;:! ~
3 alil;a.
0"
::>
~...w
00.0
000
000
~
"''''
00
00
00
";;y~ ~ ~
ra;i'~"tJ
....)>;;.m
c :h Iii' iii
3m--m
CD 3 ::I en
-'w(Q..
C
UJ
)>
N
.....
-:..
o
o
N
.....
""en
(II
co
C1I
mN
;lio
a~
1/1
."m
OC
;;00
-<Q
~!!l
;;0
m~
wCO~
.oom<o
G) m
g!!j2!;;o
to>
o
o
o
$1
a.
o
tT
III
::>
:J
CD
iil
W
o
o
o
(4
....
o
m
t/)
w::!
~~
.........
m
."m
N..>o~~6
.oP.o-<G)
ggg~!!j
000;;0
~O C
o<g
film:",
!!Il!!;;o
-I
~
r-
Z
o
o
s::
m
~ gqg
~~g
=t'ig~
~ a. ~
6i :J
(Q ""
CD
N
co
.....
...
~
~
o..Q)o~>
.8. ""2
:to$!NC
...... .(:S c A.1
0-
UI
N
'"
.....
~
~
@
~fOo..a.>
~8~ ~,~
=08~ii
0-
UI
""
o
o
o
o
~
~
N
co
'"
"'N
'No
c>>o
GOO
S::OUJ
D)5fs
~~2
~ !9.
o g'
~ ::J
""
~
o
o
N......
ONII.)
~g~
000
tl
f)>>
8 ~'i
'3: go !;(
m(..(J)
.. ~ ~
,z
Ulo
o
zs:
~~
.. "
"'
z
en
m
(J)
:t-
o
-I
C
:t-
o
~
t;!
w
...
~
o
UI
go
II.)
o
o
""
!!ll
C
go
Q
.~
'"
~
CD
::r
Iii
N
o
o
'"
II.)
o
o
""
m
-Ie:
00
-IGl
)>1m
r--I
W
o
':....t
....
o
m
....t/)
~a~~;!
. . '. - ::e .~. .S:
:j ~; lD ;;t!)i;
d c. lD.1i ~
,m--
Feb 09 06 02:36p DELRAY BCH CHAMBER
V'fU~/~UUb U~:~l ~^X 5812785244 PLASTRIDGE
5612780555
p.2
GtJ 005/00S
ACORD.. CERTIFICATE OF LIABILITY INSURANCE DO~~2m1 o,.,TE (1ilM'l:IOI'n'YY
02/09/05
PRODUCER THIS ceRTIFICATe IS ISSUED AS AMATTIR OF INFORMATION
'l'he P1ast:.:ddg. ONLY AND CONFERS NO 'UGH'S UPON THE CERTIFICATE
Agency, :Inc. HOLDER. THIS CEItTIFlCATE DOES NOT "'ENO, EXTEND OR
820 N. I'.aeral aighway ALTElf THE COVERAGE AFFORDED BY THE POLIQES QELOW,
Delray Beach 'L 33~e~
PhoneJS61-276-S221 rax:561-27&-!i244 INSURERS AFFORDING COVERAGE HAle .
'.URED INSum:RA: IIcot....l. I....... c-wo
D.lrsy ~t.Ch Downtown 1Ik~ 'N8lIFlilll:
Coopers ...erDDAr~.~r of I~RI!It c:
i~rce~ C~~ ot Delray B.ach
lI.le. th.A: .nu. INlIUlil&Jl 0:
De1ray ~.ach rL 33483 lN8Ulile,u:
COVERAGES
THE ~Il!a 0, IN$U.....NCE LlaTEO Ill!LOW NAIIli 8EIiN l88UED TO T"'ElIN~D NAMIO~ FOIt THI! POI.ICY I"I!RIOD IHOQUD. NOlWlTHSTANOING
A"" REQU,qEMENT, TERU 0" COI\IDITIOtI OF ANYCOlIIT/UlCT OR OTHER DOCuMENT WITH N!1II'E.cTTO WHICIf ntl8CI!RI'IF ~TE NAV 8E ISSUED OR
W.V PERT~. ntI! 1NS11FWoH;E AF'~1iO BY TIie POLICE5 D1!SCIU!I!O IERElN III SIJI!.lEcT"TO ALL THE T&RMs. ijXQ.U8lONS AND COHDlTlON$ OF $UCIoI
POLICtlill. AOO~ECMTIl LIMIT:I SHOWN ....Y tfAVE Bt;EN 1119JUCB) 8Y MID ClA~ rD~~
LTii NSiIl' TYPE 0J0 INSUIUUlCE POLICY MIJIlIIII!ll D,. UlllTS
~NIlIUL LIAIIIUTY I!ACI4 OCCllRR/!Nl:& 110DOOOO
A- X ~ OMMelClAl. GBiliRAL LII\ElIUTY c:r.S12.18540 01./23/06 O:L/U/U7 PAliMl8!llSa__..l s 50000
"------ Cl.NMS MADE \jJ OCCUR MIiD IiXP lAny... pelWlft) .
--- P~"""" & NN INJURY 11000000
GENEIW.. ACGReGAl'lt .2000000
r-,Em.AOORnI!:LIMIT An PER: PRODUCTS -c:oMP/Q1' AOd s
POLICY r~ I.OC
~1L2L1A11lUTY COM.INS! 41NliLe LIMIT $
lINVAUTQ (Eaa_l
I--
I-- ALL OWNED AUTOS BODILY INJURY $
SQEOULED AUTOS (PerP_J
-
- H~AUYOS BOW. Y IN.MlY J
1l0N-OWN50 AUTOS (J>w-l
-
- l'AOPERJY DAMAGE 1
l"'-~
0AItAG1 UIl8tUTY AUTO ONLY .t;AACCIDENT J
R /\NY AUTO OlHERntAN IIilIACC .
AUTOOIlLY; IoGG S
3~1IIlMm1t1L.&..- LIABILIty EACH OCCUARElIIC& .
OCCUR 0 ClAlM5MAD1! AGGREGATE S
S
=i ,CEOUCTI8LJl .
R.Ii"","O~ J S
~I!RI COIItP'ENMTlON ""0 .IYOl'lyu..."..1 I<>~-
e..LOYf:JU'lIABlUrY E.LOCIoI~T I
AHV ~ "'U;'TOI\.fIARTNEAlEXECUlJVE E.L. DlaEAlle . E.\ EMPlOVEE S
OFFICERAlEMIIiR OCUXIiOJ
~. .,..ert~o ijnole< I!.L DISEASE . POLICY lIl4IT $
ClAt. P"lOVlSIOIlll b_
OTHI!R
DE&c:RII'T\OIl OF I LDCA11ClNS, VlNICL!11 DCLUIIONS....D IJT INDOItSEM2NT IINCUU. "'''0WllIIll1'I5
Sp.ciaJ. l!:v'en~1I - , Ar~ ~ Ja.. on the ~ve~ua. City of DBlray Beach ~.
~i8ted as .ddi~ionaJ. insured.
CERTlFCATE HOLDER
CI:nD-1
CAHCELl.ATlOH
SIfOULD M<< OF nil! AllOW: DUCIUlIIlD "OUC" lie CAHCIOU,IED &FOlta THe Ellf'lIlATJON
MTl! THlAeOF. THl! IlISWNC I/ol8URI!R WI!.&. ~VOlt TO _L ~ DlloYS WlVTTI!N
NOTICe to THlI QlIITIPICATI! HOLDER _ TO THe U!FT.lIUT F_E TO _ so 1tUlL1.
11oFOSl!i NO oeUIIAT~ 0" WIIIII.RY OF MY ICIND UPON THE INIUIlI!Il. IT5 AOE!Ilt'S DR
"VRE8llft'l'A"TIVI:II.
City of >>el~ay .each
100 ~.w_ 1.~ AY.n~e
nalray aeach rL 33483
HTATIVI!
~
ACORD 2~ 120D1108)
SPECIAL EVENT
HOLD HARMLESS AGREEMENT
The Downtown Dekay Beach Joint Venture. (comprised of the Community
Redevelopment Aaencv. Downtown Development Authority and Chamber of Commerce)
agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and
employees from all suits, actions and claims including attorney's fees and costs
attendant to any claim, litigation, administrative proceeding, appeal and judgment of
every name and description brought against the City as a result of loss, damage or
injury to person or property arising from and in exchange for the Downtown~raY
Beach Joint Venture use of City Facilities or property for the special event of * . J r.
/j /VD .-1A 22-- /) d r # t;- A.Le. and hereby releases the City of Delray Beach,
1ts agents and employees from all suits, actions and claims including attorney's fees and
costs attendant to any claim, litigation, administrative proceedings, appeal and judgment
of every name and description. brought against the City as a result of lo,;;s, damage or
injury to person or property arising from the special event of .fl)l,r {' ~ 142-2-;
,/
* This Indemnification and Hold Harmless and Defend Agreement is only to the extent
of insurance maintained by the Downtown Delray Beach Joint Venture as covered under
Scottsdale Insurance Company Policy number CLS1097431.
Bd1~
Community Redevelop t A
Louis Carbone, irman
Downtown Development Authority
0J~~~
Bill Wood, President/""
Chamber of Commerce
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER V7'1
AGENDA ITEM # \0'" - REGULAR MEETING OF APRIL 4.2006
ORDINANCE NO. 16-06 (SECOND READING/SECOND PUBLIC
HEARING)
TO:
FROM:
DATE:
MARCH 31, 2006
This Ordinance is before Commission for second reading and second public hearing for a City
initiated amendment to Land Development Regulations (LDR) Subsection 4.3.40) (4) (b),
"Allowances" .
The Ordinance modifies Section 4.3.40) (4) (b) which requires that if any increase in height is
provided, it must accommodate residential units on the top floor and also provide workforce
housing units equal to 20% of the residential units on the top floor elsewhere within the
development with no more than 50% of the workforce units being for moderate income levels and
requires that two of three additional criteria be met. The three criteria include (a) increased setbacks,
(b) making 50% of the ground floor building frontage consisting of non-residential units (excluding
parking), and (c) that open areas such as court yards, plazas, and landscaped setbacks be provided to
add interest and relief from building mass.
The Family/Workforce Housing Ordinance, adopted by the Commission on December 6, 2004,
includes incentives to provide workforce housing by allowing density bonuses within the Southwest
Neighborhood Overlay District. The program is being expanded to provide additional
opportunities and incentives for the provision of workforce housing. Additional information can be
found in the attached Planning & Zoning memo.
On February 27, 2006, the Planning and Zoning Board held a public hearing in conjunction with the
request. There was one member of the public that spoke in support of the amendment.
After reviewing the staff report, the Board voted 7-0 to recommend that the request be approved by
adopting the findings of fact and law contained in the staff report, finding that the request is
consistent with the Comprehensive Plan, and finding that the request meets the criteria set forth in
Land Development Regulations (LDR) Section 2.4.5(M) (Amendment to Land Development
Regulations).
Recommend approval of Ordinance No. 16-06 on second and final reading.
S:/City Clerk/ Agenda Memos/Ord 16-06 Workforce Housing 434J4b 040406
TO:
FROM: CTOR OF PLANNING AND ZONING
SUBJECT: MEETING OF MAR 21, 2006
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDRs) ARTICLE 4.7 "FAMILY WORKFORCE
HOUSING", SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.5
"OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION
4.3.4(J) "HEIGHT", SECTION 4.4.13(1) "PERFORMANCE STANDARDS" AND
SECTION 4.1.4 "USES OF LOTS OF RECORD", PROVIDING A REQUIREMENT
AND INCENTIVES FOR THE PROVISION OF WORKFORCE HOUSING.
The FamilylWorkforce Housing Ordinance, adopted by the City Commission on December 6,
2004, includes incentives to provide workforce housing by allowing density bonuses within the
Southwest Neighborhood Overlay District. The proposed amendments to the Land
Development Regulations are related to revisions in the City's Workforce Housing Program.
The program is being expanded to provide additional opportunities and incentives for the
provision of workforce housing. Major revisions to the program include the following:
1. Establishment of an additional workforce housing overlay district known as the Intill
Workforce Housing Area. This area includes the Swap Shop property on North Federal
Highway (zoned General Commercial) and all RM zoned property, east of 1-95 that does
not lie within the coastal high hazard area. A maximum density of 18 units per acre is
permitted in this area through density bonuses for the provision of workforce housing.
2. An increase in the maximum density from 12 units per acre to 24 units per acre within the
Carver Estates Overlay District through density bonuses for the provisions of workforce
housing.
3. References to the newly created Delray Beach Community Land Trust have been added.
Lump sum payments for units under the Density Bonus Program are to be paid to the
Trust.
4. The time which units are to remain affordable has been increased from 30 to 40 years.
The above four items are addressed primarily through revisions to LDR Article 4.7
"FamilylWorkforce Housing." LDR Section 4.5 "Overlay and Environmental Management
Districts" was modified to add the new Infill Workforce Housing Area to the list of overlay
districts and revisions were made to the Section 4.4.6 "Medium Density Residential (RM)
District" and Section 4.4.9 "General Commercial (GC) District" regulations to allow
developments with a density greater than 12 units per acre within this area. Additional
modifications were made to the RM zoning district regulations to allow relaxed development
standards within the infill Workforce Housing Area and Carver Estates Overlay District for
developments which provide workforce housing.
\06
City Commission Documentation, March 21,2006
FamilylWorkforce Housing Ordinances
5. Include an additional incentive to provide workforce housing units by allowing lots of record
between 40 feet and 50 feet to be developed for workforce housing.
This item is addressed through modification of LDR Section 4.1.4 "Use of Lots of Record" to
allow currently unbuildable lots of record with frontage between 40 and 50 feet to be
developed for workforce housing. The lots must be at least 4,000 sq. ft. in size, be located in
the R-1A, RL or RM zone districts, meet the applicable setbacks (side setbacks are reduced
to 5') and other development standards in the zoning district as well as meet typical designs
represented by sketches within LDR Article 4.7 "FamilylWorkforce Housing."
6. Requires workforce housing to be provided where increases in density are requested in the
CBD zone district.
This item is addressed through modification of LDR Section 4.4.13(1) "Performance
Standards." These performance standards must be addressed as part of the Conditional Use
process to allow development with a density in excess of 30 units per acre within the Central
Core area or in excess of 12 units per acre in the West Atlantic Neighborhood. Language has
been added which requires developments to provide 20% of the additional units (above 30
units per acre) as workforce housing units, divided equally between low and moderate income
levels.
7. Requires workforce housing to be provided in cases were increases in height are
requested.
This item is addressed through modification of LDR Section 4.3.4.(J) "Height.". This section
deals with requirements which must be addressed to increase height above 48 feet. Language
has been added to require developments which increase the intensity by adding an additional
floor to provide workforce housing. At least 20% of the additional residential units must be
divided equally between low and moderate income levels.
The Planning and Zoning Board considered the proposed ordinances at their meeting of February 27,
2006. There was one member of the public that spoke in support of the amendment and after reviewing
the staff report, the Board voted 7 to 0 to recommend approval of the related ordinances.
By motion approve on first reading Ordinance Nos. 16-06,17-06,18-06,19-06 and 20-06 which
implement City-initiated amendments to Article 4.7 "Family Workforce Housing", Section 4.4.6
"Medium Density Residential (RM) District", Section 4.4.9 "General Commercial (GC) District",
Section 4.5 "Overlay and Environmental Management Districts", Section 4.3.4(J) "Height", Section
4.4.13(1) "Performance Standards", and Section 4.1.4 "Uses Of Lots Of Record" of the Land
Development Regulations, by adopting the findings of fact and law contained in the staff report and
finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(M) of the Land Development Regulations.
Attachment:
. Proposed Ordinances
2
Revised 3/9/06
Reprinted 3/14/06
ORDINANCE NO. 16-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS,
GENERAL PROVISIONS", SECTION 4.3.4(J) "HEIGHT"
SUBSECTION 4.3.4(J)(4), "INCREASES TO HEIGHT
REGULATIONS", BY AMENDING SUBSECTION
4.3.4(J)(4)(b), "ALLOWANCES", TO PROVIDE FOR
MODIFICATIONS TO PERFORMANCE STANDARDS AND
TO REQUIRE WORKFORCE HOUSING; PROVIDING A
GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board reviewed the proposed text amendment at a public hearing held on February 27,
2006 and voted 7 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and
Zoning Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the
findings in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the
ordinance is consistent with the Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Article 4.3, "District Regulations, General Provisions", Section
4.3.4(J), "Height", Subsection 4.3.4(J)(4), "Increases to Height Regulations" by
amending subsection 4.3.4(J)(4)(b), "Allowances", to read as follows:
(b) Allowances: An increase, to a maximum height of sixty feet (60'), may be
approved by the City Commission in any zone district not listed above
when approved pursuant to the processing of a conditional use request
and based upon a finding of compliance with each of enumerated criteria
listed below.
(i) That the structure is to be located in one of the following
geographic areas:
(1) Area "A" - all property located east of Congress Avenue and
west of 1-95.
(2) Area "B" - the property encompassed by the Delint DRI, with
the exception of that portion platted as "Waterford Village";
along with property located west of S.W. 10th Avenue, south
of Linton Boulevard, and east of 1-95.
(3) Area "C" - the property encompassed by the boundary of
Linton Boulevard, Wallace Drive, S.W. 10th Street, and 1-95.
(4) Area "D" - the properties located south of Atlantic Avenue,
north of S.W. 1st Street, west of S.W. 2nd Avenue, and east
of S.W. 4th Avenue; and the properties located north of
Atlantic Avenue, south of N.W. 1st Street, west of N.W. 1st
Avenue, and east of N.W. 3rd Avenue.
(5) Area "E" - the property encompassed on the west by the
F.E.C. Railroad, on the east by the Intracoastal Waterway,
on the south by Allen Avenue extended to said easterly and
westerly boundaries, and on the north to the northernmost
boundary of the City.
(6) Area "F" - the property located between the one-way pair
system of Federal Highway (5th and 6th Avenues).
(7) Area "G" - the property on either side of Linton Boulevard,
extending 200 feet north and south of its ultimate right-of-
way, extending from 1-95 to Dixie Highway.
(8) Area "H" - the area bounded by Linton Boulevard on the
south, the F.E.C. Railroad on the east, the combination of
South ridge Road and Swinton Avenue on the north, and
S.W. 4th Avenue on the west.
(9) Area "I" - all property within the Central Core portion of the
CBD (Central Business District), except for that portion
within 150' of any zoning district which has a maximum
2
ORD NO. 16-06
height limit of 35', measured from the property line of the
CBD zoned property.
(10) Area "J" the property encompassed by Lindell Boulevard on
the north, Federal Highway on the east, Dixie Highway on
the west, and the City limits on the south.
(ii) That the increase in height will not provide for, nor accommodate,
an increase in the floor area (within the structure) beyond that
which could be accommodated by development which adheres to a
height limitation of 48 feet, except for the following situation:
(1) An increase in intensity is allowed when the increase from
48 feet to 60 feet is for the purpose of accommodating
residential use on the top floor of the structure; however, the
increase in intensity is only for the added residential use
area. Workforce housinq units, equal to twenty percent
(20%) of the residential units on the top floor, shall be
provided within the development (fractions shall be rounded
up). The workforce housinq units shall be divided between
low and moderate income levels with no more than 50% of
the workforce housinq units to be for moderate income levels
and shall complv with other applicable provisions of Article
4.7.
(2) An incre:1se in intensity is :1I1O'.\'ed when there is :1 transfer of
development rights pursu:1nt to Soction 1.6.20.
(iii) That the increase in height is b:1sed on or will result in tv.~o, or more,
of the follo't.'ing shall be allowed if two or more of subsections
4.3.4(J) iii(1), (2) or (3) are met:
(1) Th:1t \'.~orkforce housing is provided within the development
in :1 m:1nner consistent with the provisions of Sections '1.7.5
(:1) :1nd (d);
(2) Th:1t 50% or greater of an :1roa of the ground floor is devoted
to parking and vehicul3r traffic circulation;
~ill That for each foot in height above 48 feet, an additional
building setback of two feet is provided from the building
setback lines which would be established for a 48-foot tall
structure. The additional setback is required from all setback
3
ORD NO. 16-06
lines (Le., front, side, and rear) for the portion of the building
that extends above 48 feet. In lieu of this setback
requirement, buildings in the CBD zone shall adhere to the
setback requirements of that district; and,
{41 121 That a minimum of 50% of the ground floor building frontage
consist of nonresidential uses (excluding parking).
m That open areas, such as courtyards. plazas, and
landscaped setbacks, be provided in order to add interest
and provide relief from the buildinq mass.
Section 2. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 4. That this ordinance shall become effective upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 2006.
ATTEST:
City Clerk
MAYOR
First Reading
Second Reading
4
ORD NO. 16-06
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER fl7VI
AGENDA ITEM # \ 0 B - REGULAR MEETING OF APRIL 4,2006
ORDINANCE NO. 17-06 (SECOND READING/SECOND PUBLIC
HEARING)
MARCH 31, 2006
TO:
FROM:
DATE:
This Ordinance is before Commission for second reading and second public hearing for a City
initiated amendment to Land Development Regulations (LDR) Section 4.4.6, "Medium Density
Residential (RM) District"; Section 4.4.9, "General Commercial (GC) District"; and Section 4.5,
"Overlay and Environmental Management Districts".
The Ordinance makes sure that RM Zoning District properly includes references to aspects of the
Workforce Housing Ordinance for RM zoned properties that are part of the workforce housing
overlay districts. The Ordinance includes additional workforce housing overlay districts in the RM
district and includes an incentive to build workforce housing in the GC district.
The Family/Workforce Housing Ordinance, adopted by the Commission on December 6, 2004,
includes incentives to provide workforce housing by allowing density bonuses within the Southwest
Neighborhood Overlay District. The program is being expanded to provide additional
opportunities and incentives for the provision of workforce housing. Additional information can be
found in the attached Planning & Zoning memo.
On February 27, 2006, the Planning and Zoning Board held a public hearing in conjunction with the
request. There was one member of the public that spoke in support of the amendment.
After reviewing the staff report, the Board voted 7-0 to recommend that the request be approved by
adopting the findings of fact and law contained in the staff report, finding that the request is
consistent with the Comprehensive Plan, and finding that the request meets the criteria set forth in
Land Development Regulations (LDR) Section 2.4.5(11) (Amendment to Land Development
Regulations).
Recommend approval of Ordinance No. 17-06 on second and final reading.
S:/City C1erk/ Agenda Memos/Ord 17-06 Workforce Housing 446 040406
FROM:
~~
PAUL DORLlNG, 0 CTOR OF PLANNING AND ZONING
TO:
SUBJECT: MEETING OF MAR 21, 2006
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDRs) ARTICLE 4.7 "FAMILY WORKFORCE
HOUSING", SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.5
"OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION
4.3.4(J) "HEIGHT", SECTION 4.4.13(1) "PERFORMANCE STANDARDS" AND
SECTION 4.1.4 "USES OF LOTS OF RECORD", PROVIDING A REQUIREMENT
AND INCENTIVES FOR THE PROVISION OF WORKFORCE HOUSING.
The FamilylWorkforce Housing Ordinance, adopted by the City Commission on December 6,
2004, includes incentives to provide workforce housing by allowing density bonuses within the
Southwest Neighborhood Overlay District. The proposed amendments to the Land
Development Regulations are related to revisions in the City's Workforce Housing Program.
The program is being expanded to provide additional opportunities and incentives for the
provision of workforce housing. Major revisions to the program include the following:
1. Establishment of an additional workforce housing overlay district known as the Intill
Workforce Housing Area. This area includes the Swap Shop property on North Federal
Highway (zoned General Commercial) and all RM zoned property, east of 1-95 that does
not lie within the coastal high hazard area. A maximum density of 18 units per acre is
permitted in this area through density bonuses for the provision of workforce housing.
2. An increase in the maximum density from 12 units per acre to 24 units per acre within the
Carver Estates Overlay District through density bonuses for the provisions of workforce
housing.
3. References to the newly created Delray Beach Community Land Trust have been added.
Lump sum payments for units under the Density Bonus Program are to be paid to the
Trust.
4. The time which units are to remain affordable has been increased from 30 to 40 years.
The above four items are addressed primarily through revisions to LDR Article 4.7
"FamilylWorkforce Housing." LDR Section 4.5 "Overlay and Environmental Management
Districts" was modified to add the new Infill Workforce Housing Area to the list of overlay
districts and revisions were made to the Section 4.4.6 "Medium Density Residential (RM)
District" and Section 4.4.9 "General Commercial (GC) District" regulations to allow
developments with a density greater than 12 units per acre within this area. Additional
modifications were made to the RM zoning district regulations to allow relaxed development
standards within the infill Workforce Housing Area and Carver Estates Overlay District for
developments which provide workforce housing.
\06
City Commission Documentation, March 21, 2006
FamilylWorkforce Housing Ordinances
5. Include an additional incentive to provide workforce housing units by allowing lots of record
between 40 feet and 50 feet to be developed for workforce housing.
This item is addressed through modification of LDR Section 4.1.4 "Use of Lots of Record" to
allow currently unbuildable lots of record with frontage between 40 and 50 feet to be
developed for workforce housing. The lots must be at least 4,000 sq. ft. in size, be located in
the R-1A, RL or RM zone districts, meet the applicable setbacks (side setbacks are reduced
to 5') and other development standards in the zoning district as well as meet typical designs
represented by sketches within LDR Article 4.7 "Family/Workforce Housing."
6. Requires workforce housing to be provided where increases in density are requested in the
CBO zone district.
This item is addressed through modification of LDR Section 4.4.13(1) "Performance
Standards." These performance standards must be addressed as part of the Conditional Use
process to allow development with a density in excess of 30 units per acre within the Central
Core area or in excess of 12 units per acre in the West Atlantic Neighborhood. Language has
been added which requires developments to provide 20% of the additional units (above 30
units per acre) as workforce housing units, divided equally between low and moderate income
levels.
7. Requires workforce housing to be provided in cases were increases in height are
requested.
This item is addressed through modification of LDR Section 4.3.4.(J) "Height.". This section
deals with requirements which must be addressed to increase height above 48 feet. Language
has been added to require developments which increase the intensity by adding an additional
floor to provide workforce housing. At least 20% of the additional residential units must be
divided equally between low and moderate income levels.
The Planning and Zoning Board considered the proposed ordinances at their meeting of February 27,
2006. There was one member of the public that spoke in support of the amendment and after reviewing
the staff report, the Board voted 7 to 0 to recommend approval of the related ordinances.
By motion approve on first reading Ordinance Nos. 16-06,17-06,18-06,19-06 and 20-06 which
implement City-initiated amendments to Article 4.7 "Family Workforce Housing", Section 4.4.6
"Medium Density Residential (RM) District", Section 4.4.9 "General Commercial (GC) District",
Section 4.5 "Overlay and Environmental Management Districts", Section 4.3.4(J) "Height", Section
4.4.13(1) "Performance Standards", and Section 4.1.4 "Uses Of Lots Of Record" of the Land
Development Regulations, by adopting the findings of fact and law contained in the staff report and
finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(M) of the Land Development Regulations.
Attachment:
. Proposed Ordinances
2
Rev. 3/14/06
ORDINANCE NO. 17-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 4.4.6 "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(D),
"CONDITIONAL USES AND STRUCTURES ALLOWED",
BY ADDING SUBSECTION 4.4.6(D)(13) TO INCLUDE
REFERENCES TO APPLICABLE WORKFORCE HOUSING
OVERLAY DISTRICTS; AMENDING SUBSECTIONS
4.4.6(F), "DEVELOPMENT STANDARDS", 4.4.6(G),
"SUPPLEMENTAL DISTRICT REGULATIONS" AND
SUBSECTION 4.4.6(H), "SPECIAL REGULATIONS", TO
ADD ADDITIONAL WORKFORCE HOUSING OVERLAY
DISTRICTS; AMENDING SECTION 4.4.9 "GENERAL
COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9(D)
CONDITIONAL USES AND STRUCTURES ALLOWED", BY
ENACTING SUBSECTION 4.4.9(D)(19) TO INCLUDE AN
INCENTIVE TO BUILD WORKFORCE HOUSING UNITS;
AMENDING ARTICLE 4.5, "OVERLAY AND
ENVIRONMENTAL MANAGEMENT DISTRICTS", BY
ENACTING SUBSECTION 4.5.12, "INFILL WORKFORCE
HOUSING AREA"; PROVIDING A GENERAL REPEALER
CLAUSE; A SAVINGS CLAUSE AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board reviewed the proposed text amendment at a public hearing held on February 27,
2006 and voted 7 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and
Zoning Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the
findings in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the
ordinance is consistent with the Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 4.4.6 "Medium Density Residential (RM) District",
Subsection 4.4.6(D), "Conditional Uses and Structures Allowed" is hereby amended by
adding Subsection 4.4.6(D)(12) and (13) to read as follow:
(D) Conditional Uses and Structures Allowed: The following uses are allowed
as conditional uses within the RM District.
(1) Adult congregate living facilities and continuing care facilities.
(2) Residential Licensed Service Provider Facilities subject to
restrictions set forth in Section 4.3.3(D).
(3) Child care and adult day care.
(4) Private educational facilities subject to the restrictions set forth in
Section 4.3.3(HHH).
(5) Churches, or places of worship, and their attendant educational,
nursery, Sunday school, recreational, and columbarium facilities. The foregoing does
not allow establishment of educational and care uses such as elementary school and
general day care; however, such uses may be established by a separate conditional
use application for child care or rezoning to CF, as appropriate.
(6) Convalescent homes, homes for the aged, nursing homes, and rest
homes.
(7) The use of common recreational facilities such as swimming pools,
tennis courts, and golf courses (associated with a subdivision) for club or commercial
purposes.
(8) Single family detached residences in zero lot developments.
(9) Yacht club with facilities.
(10) Dock master facilities when associated with a multi-family
development which has a marina
(11) Private beach clubs with attendant recreational, dining, and related
accessory facilities within one of the following areas: (a) the area lying south of Atlantic
Dunes Park and east of State Road AlA, or (b) south of Casurina Road, north of Bucida
road, and east of State Road AlA.
2
ORD. NO. 17-06
(12) Multiple family residential development may exceed twelve (12)
units per acre, up to a maximum of ~ twenty-four (24) units per acre within the
Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the
provisions of Section 4.4.6(1), Article 4.7, and based upon the development's
conformance with the applicable standards and criteria described within the adopted
Southwest Area Neighborhood Redevelopment Plan.
(13) Multiple family residential development may exceed twelve (12)
units per acre. up to a maximum of twenty-four (24) units per acre within the Carver
Estates Overlay District as defined in Section 4.5.11 and UP to a maximum of eiqhteen
(18) units per acre within the Infill Workforce Housinq Area. subiect to the provisions of
Section 4.4.6(1), and Article 4.7.
Section 2. That Section 4.4.6, "Medium Density Residential (RM) District",
Subsections 4.4.6(F) "Development Standards", 4.4.6(G) "Supplemental District
Regulations" and 4.4.6(H) "Special Regulations" shall be amended to read as follows:
(F) Development Standards:
(1) The provisions for the R-1-A District shall apply for single family
detached dwellings.
(2) The development standards as set forth in Section 4.3.4 shall apply
for duplex and multi-family development, except as modified herein.
(3) Southwest Neighborhood and. Carver Estates, Overlay District~
and Infill Workforce Housinq Area Development Standards:
The following development standards apply to duplex and multi-family
development in the Southwest Neighborhood Overlay District. Carver Estates Overlay
District, and the Infill Workforce Housinq Area as defined in Section 1.5.9, which is
being developed pursuant to regulations set forth in Article 4.7, "Family/Workforce
Housing" .
(a) Setbacks:
fJ7ill
fH7ill
fHijQ)
Front:
Side (Street):
Side (Interior): 1 and 2 story
3 story
15'
15'
10'
15'
3
ORD. NO. 17-06
tf\1 ffi Rear: 10'
(b) Setbacks for Garages, Carports and Porte-Cocheres: Garages,
carports and porte-cocheres must have a minimum 20' setback when
the entrance faces a public street or alley.
(c) Porch Encroachments: Front porches may extend 5' into the front or
side street setback and cannot occupy more than 50% of the building
frontage and cannot be enclosed in any manner.
(G) Supplemental District Regulations: In addition to the supplemental district
regulations set forth in Article 4.6, the following supplemental district regulations
shall apply in the RM zone district.
(1) Southwest Neighborhood, and Carver Estates Overlay Districts and
Infill Workforce Housinq Area: The following supplemental district regulations shall
apply to duplex and multi-family development in the Southwest Neighborhood
Overlay District 38 defined in Soction 1.5.9, Carver Estates Overlay District and
the Infill Workforce Housinq Area, which is being developed pursuant to
regulations set forth in Article 4.7, "FamilylWorkforce Housing".
(a) Parking in the front yard is discouraged. No parking shall be allowed in
the front yard unless there is no dedicated access to the side or rear of
the property.
(b) When garages are provided in the side or rear yards, on-street parking
must be provided.
(H) Special Requlations:
(1) A minimum density of six units per acre is established for duplex and
multiple family housing projects within this district. Density may exceed the base of
six (6) units per acre only after the approving body makes a finding that the project
has substantially complied with performance standards as listed in 4.4.6(1). In no
event shall a development's total density exceed 12 units per acre, except within
the Southwest Neighborhood Overlay District, Carver Estates Overlay District,and
the Infill Workforce Housinq Area as allowed by Section 4.4.6(D)(12) and
4.4.6(D)(13). The density for a specific RM development may be further limited by
a numerical suffix affixed to the designation and shown on the zoning map (i.e.
RM-8 limits the density to eight units per acre). To seek a density greater than
allowed by the suffix, it is necessary to rezone the property.
(2) Notwithstanding the above, a duplex may be situated upon a platted
lot pursuant to Section 4.3.4(I)(3)(b).
4
ORD. NO. 17-06
(3) Recreational areas shall be required for all new rental apartment
developments, and of owner occupied developments which have homeowner
associations that must care for retention areas, private streets, or common areas. New
developments must include recreational features that are designed to accommodate
activities for children and youth of all age ranges. Tot lots are appropriate for toddlers;
features such as a basketball court, volleyball court, and open playfields are
appropriate for older children. A pool and clubhouse, unless specifically designed for
children, is not considered to meet this requirement. Projects having fewer than
twenty-five (25) units may be exempted from this standard where it is determined by
the approving body that it is not practical or feasible to comply.
(4) The height of accessory structures shall not exceed the height of the
associated principal structure. Screen enclosures without a solid roof are excluded
from this limit.
(5) The floor area of an accessory structure shall not exceed 40% of the floor
area of the principal structure.
(6) Density Bonuses. Density bonuses may be granted to eligible properties
governed by regulations set forth in Chapter 4, "Zoning Regulations",
"FamilylWorkforce Housing" as discussed below:
(a) Southwest Neighborhood and Carver Estates Overlay Districts and
Infill Workforce Housinq Area: Density bonuses above 12 units per
acre may be granted as a Conditional Use to eligible properties within
the Southwest Neighborhood and Carver Estates Overlay District~
defined in Section 4.5.9 and 4.5.11, respectively, and within the Infill
Workforce Housinq Area, Section 4.5.12, subject to the regulations set
forth in Chapter 4, "Zoning Regulations", and Article 4.7,
"FamilylWorkforce Housing".
(b) S.W. 10th Street ~md Carver Estates Overlay Districts: Within the S.W.
10th Street and Carver Estatos Overlay District defined in Section
4.5.10 and -1.5.11, in addition to the performance standards listed in
Section 4.4.6(1), increases to a project's density beyond six (6) units
per acre is subject to the regulations set forth in Chapter 4, "Zoning
Regulations", and Article 4.7, "FamilylWorkforce Housing".
Section 3. That Section 4.4.9, "General Commercial (GC) District", Subsection
4.4.9(D), "Conditional Uses and Structures Allowed" is hereby amended by adding
Subsection 4.4.9(D)(19) to read as follows:
5
ORD. NO. 17-06
(D) Conditional Uses and Structures Allowed: The following are allowed as
conditional uses within the GC District, except as modified in the North Federal Highway
Overlay District by Section 4.4.9(G)(1).
(1) Residential Licensed Service Provider Facilities subject to
restrictions set forth in Section 4.3.3(D).
(2) Amusement game facilities.
(3) Wash establishments or facilities for vehicles.
(4) Child Care and Adult Day Care.
(5) Clubs and Lodges; social, fraternal, and recreational not exceeding
3,500 sq. ft. of gross floor area.
(6) Drive-in Theaters.
(7) Flea Markets, bazaars, merchandise marts, and similar retail uses.
(8) Funeral Homes.
(9) Gasoline Stations or the dispensing of gasoline directly into
vehicles.
(10) Hotels and Motels.
(11) Free-standing multiple-family housing subject to the requirements
of the RM District except for setback and height requirements which shall be pursuant to
this Section.
(12) Recreational establishments such as bowling alleys, gymnasiums,
health spas, miniature golf courses, skating rinks.
(13) Sales and service of All Terrain Vehicles and personal watercraft
(waverunners, jet skis), with no outside display, outside storage or outside service.
(14) Vehicle care limited to the changing of oil and filters, and lubrication
with no mechanical work or outside storage of vehicles except as a part of a gasoline
station.
(15) Veterinary Clinics.
6
ORD. NO. 17-06
(16) Group Home, Type 2 and Community Residential Homes, pursuant
to restrictions set forth in Section 4.3.3(1).
(17) Adult Gaming Centers.
(18) Churches or places of worship, and their attendant Sunday school,
recreational and columbarium facilities not exceeding 3,500 square feet of gross floor
area. The foregoing does not allow establishment of educational and care uses such as
elementary school and general day care.
(19) Multiple family residential development may exceed twelve (12)
units per acre, UP to a maximum of eiqhteen (18) units per acre within the Infill
Workforce Housinq Area, subiect to the provisions of Section 4.4.6(1), and Article 4.7,
and subiect to the requirements of the RM District except for setback and heiqht
requirements, which shall be pursuant to this Section.
Section 4. That Section 4.5.12, Infill Workforce Housing Area is hereby
enacted, and 4.5.12 is hereby renumbered to read as follows:
Section 4.5.12 The Infill Workforce Housinq Area
(A) Defined: The Infill Workforce Housinq Area is located west of the
Intracoastal Waterway and east of 1-95 as shown on the map in Section 4.7.1(1) of the
Land Development Requlations.
Section 4.5.~13 North Beach/Seagate and Ocean Neighborhood
Overlay Districts:
(A) General: With the adoption of the City's Comprehensive Plan
Amendment 99-01, Housing Element Policy A-12.4 was modified to state the City will
provide planning and technical assistance to implement neighborhood-supported
initiatives aimed at preserving the character of existing residential areas. Such
assistance may involve the formulation of regulations that would limit the size and scale
of new homes to be consistent with existing structures within a defined neighborhood,
and analysis of the housing inventory to determine if the area qualifies for designation
as a historic district, and similar measures. In accordance with this policy, a Design
Manual was prepared for the single family zoned properties, east of the Intracoastal
Waterway, and was adopted by the City Commission on January 4, 2005. This section
is created to adopt and implement the provision of the North Beach and Seagate
Neighborhoods Design Manual. All development within the North Beach/Seagate and
7
ORD. NO. 17-06
Ocean District Neighborhood Overlay District, as defined in Section (B) below, shall
take place according to the provisions of the manual adopted herein and included as an
exhibit hereto.
(B) Defined:
(1) North Beach/Seagate Neighborhood Overlay District: The
North Beach/Seagate Neighborhood Overlay District is hereby established as the area
zoned Single Family Residential (R-1), located north of East Atlantic Avenue, south of
George Bush Boulevard, east of the Intracoastal Waterway and west of North Ocean
Boulevard (State Road A-1-A) together with the entire Seagate Neighborhood generally
located south of Bucida Road, north of Lewis Cove, between the Intracoastal Waterway
and south Ocean Boulevard (State Road A-1-A), less Lots 35 through 45, Block 5, of
the plat of Seagate Extension. The regulations established in Section 4.4.3(E)(4),
4.4.3(F)(1) and 4.4.3(G)(1) shall apply to all parcels within the Overlay District.
(2) Ocean Neighborhood Overlay District: The Ocean Neighborhood Overlay
District is hereby established as the area located east of Ocean Boulevard (State Road
A-1-A), zoned Single Family Residential (R-1). The regulations established in Sections
4.4.3(E)(4), 4.4.3(F)(1) and 4.4.3(G)(1) shall apply to all parcels within the Overlay
District.
Section 4. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 6. That this ordinance shall become effective upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 2006.
ATTEST:
City Clerk
First Reading
MAYOR
Second Reading
8
ORD. NO. 17-06
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER PM
\
SUBJECT:
AGENDA ITEM # \OC
ORDINANCE NO. 18-06
HEARING)
MARCH 31, 2006
- REGULAR MEETING OF APRIL 4, 2006
(SECOND READING/SECOND PUBLIC
DATE:
This Ordinance is before Commission for second reading and second public hearing for a City initiated
amendment to Land Development Regulations (LDR) Article 4.7, "Family Workforce Housing".
The Ordinance modifies the Workforce Housing Ordinance, Article 4.7 of the L.D.R.s. It establishes
an additional workforce housing overlay district, known as the Infill Workforce Housing Area, located
east of 1-95 and west of the Intracoastal outside of the coastal high hazard area for properties
predominantly zoned RM.
It provides for the use of dormers, porches, and other architectural features. It provides that the Infill
Workforce Housing Area Overlay District density shall not exceed 18 units per acre.
It strengthens the covenants and restrictions requiring the workforce housing restrictions to remain in
effect for 40 years instead of 30 and applies the requirements to resales, conversions of rentals to owner
occupied property and provides for notice to the City.
The Ordinance references other incentives such as the ability to use lots of record of at least 40 feet for
workforce housing as long as certain designs are used and other criteria is met. The designs are
included in the ordinance.
The Family/Workforce Housing Ordinance, adopted by the Commission on December 6, 2004,
includes incentives to provide workforce housing by allowing density bonuses within the Southwest
Neighborhood Overlay District. The program is being expanded to provide additional opportunities
and incentives for the provision of workforce housing. Additional information can be found in the
attached Planning & Zoning memo.
On February 27, 2006, the Planning and Zoning Board held a public hearing in conjunction with the
request. There was one member of the public that spoke in support of the amendment.
After reviewing the staff report, the Board voted 7-0 to recommend that the request be approved by
adopting the findings of fact and law contained in the staff report, finding that the request is consistent
with the Comprehensive Plan, and finding that the request meets the criteria set forth in Land
Development Regulations (LDR) Section 2.4.5(M) (Amendment to Land Development Regulations).
Recommend approval of Ordinance No. 18-06 on second and final reading.
S:/City Clerk/Agenda Memos/Ord 18-06 Workforce Housing 4.7 040406
TO: ~~ ROE CITY MANAGER
FROM: PAUL DORLlNG, 0 CTOR OF PLANNING AND ZONING
SUBJECT: MEETING OF MAR 21, 2006
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDRs) ARTICLE 4.7 "FAMILY WORKFORCE
HOUSING", SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.5
"OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION
4.3.4(J) "HEIGHT", SECTION 4.4.13(1) "PERFORMANCE STANDARDS" AND
SECTION 4.1.4 "USES OF LOTS OF RECORD", PROVIDING A REQUIREMENT
AND INCENTIVES FOR THE PROVISION OF WORKFORCE HOUSING.
The FamilylWorkforce Housing Ordinance, adopted by the City Commission on December 6,
2004, includes incentives to provide workforce housing by allowing density bonuses within the
Southwest Neighborhood Overlay District. The proposed amendments to the Land
Development Regulations are related to revisions in the City's Workforce Housing Program.
The program is being expanded to provide additional opportunities and incentives for the
provision of workforce housing. Major revisions to the program include the following:
1. Establishment of an additional workforce housing overlay district known as the Intill
Workforce Housing Area. This area includes the Swap Shop property on North Federal
Highway (zoned General Commercial) and all RM zoned property, east of 1-95 that does
not lie within the coastal high hazard area. A maximum density of 18 units per acre is
permitted in this area through density bonuses for the provision of workforce housing.
2. An increase in the maximum density from 12 units per acre to 24 units per acre within the
Carver Estates Overlay District through density bonuses for the provisions of workforce
housing.
3. References to the newly created Delray Beach Community Land Trust have been added.
Lump sum payments for units under the Density Bonus Program are to be paid to the
Trust.
4. The time which units are to remain affordable has been increased from 30 to 40 years.
The above four items are addressed primarily through revisions to LDR Article 4.7
"FamilylWorkforce Housing." LDR Section 4.5 "Overlay and Environmental Management
Districts" was modified to add the new Intill Workforce Housing Area to the list of overlay
districts and revisions were made to the Section 4.4.6 "Medium Density Residential (RM)
District" and Section 4.4.9 "General Commercial (GC) District" regulations to allow
developments with a density greater than 12 units per acre within this area. Additional
modifications were made to the RM zoning district regulations to allow relaxed development
standards within the infill Workforce Housing Area and Carver Estates Overlay District for
developments which provide workforce housing.
\06
City Commission Documentation, March 21,2006
FamilylWorkforce Housing Ordinances
5. Include an additional incentive to provide workforce housing units by aI/owing lots of record
between 40 feet and 50 feet to be developed for workforce housing.
This item is addressed through modification of LDR Section 4.1.4 "Use of Lots of Record" to
allow currently unbuildable lots of record with frontage between 40 and 50 feet to be
developed for workforce housing. The lots must be at least 4,000 sq. ft. in size, be located in
the R-1A, RL or RM zone districts, meet the applicable setbacks (side setbacks are reduced
to 5') and other development standards in the zoning district as well as meet typical designs
represented by sketches within LDR Article 4.7 "Family/Workforce Housing."
6. Requires workforce housing to be provided where increases in density are requested in the
CBD zone district.
This item is addressed through modification of LOR Section 4.4.13(1) "Performance
Standards." These performance standards must be addressed as part of the Conditional Use
process to allow development with a density in excess of 30 units per acre within the Central
Core area or in excess of 12 units per acre in the West Atlantic Neighborhood. Language has
been added which requires developments to provide 20% of the additional units (above 30
units per acre) as workforce housing units, divided equally between low and moderate income
levels.
7. Requires workforce housing to be provided in cases were increases in height are
requested.
This item is addressed through modification of LOR Section 4.3.4.(J) "Height.". This section
deals with requirements which must be addressed to increase height above 48 feet. Language
has been added to require developments which increase the intensity by adding an additional
floor to provide workforce housing. At least 20% of the additional residential units must be
divided equally between low and moderate income levels.
The Planning and Zoning Board considered the proposed ordinances at their meeting of February 27,
2006. There was one member of the public that spoke in support of the amendment and after reviewing
the staff report, the Board voted 7 to 0 to recommend approval of the related ordinances.
By motion approve on first reading Ordinance Nos. 16-06,17-06,18-06,19-06 and 20-06 which
implement City-initiated amendments to Article 4.7 "Family Workforce Housing", Section 4.4.6
"Medium Density Residential (RM) District", Section 4.4.9 "General Commercial (GC) District",
Section 4.5 "Overlay and Environmental Management Districts", Section 4.3.4(J) "Height", Section
4.4.13(1) "Performance Standards", and Section 4.1.4 "Uses Of Lots Of Record" of the Land
Development Regulations, by adopting the findings of fact and law contained in the staff report and
finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(M) of the Land Development Regulations.
Attachment:
· Proposed Ordinances
2
Revised 3/14/06
ORDINANCE NO. 18-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING ARTICLE 4.7,
"FAMIL YIWORKFORCE HOUSING", PROVIDING FOR
REGULATIONS AND INCENTIVES TO BUILD
WORKFORCE HOUSING AND ENSURING THAT THE
CITY HAS SUFFICIENT FAMIL YIWORKFORCE HOUSING;
CREATING AN ADDITIONAL DISTRICT ENTITLED "INFILL
WORKFORCE HOUSING AREA"; PROVIDING A
REQUIREMENT FOR THE PROVISION OF WORKFORCE
HOUSING WHERE INCREASED HEIGHT AND/OR
DENSITY IS REQUESTED AND ALLOWED; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, FamilylWorkforce housing affordable to citizens of Delray Beach is
needed in the City; and
WHEREAS, the Community Redevelopment Agency conducted a study entitled
"Exploring a Community Land Trust for Delray Beach", dated July 19, 2004 which
studied the need to preserve lands for workforce housing; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on February 27, 2006
and voted 7 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan; and
WHEREAS, The City Commission of the City of Delray Beach, Florida, adopts
the findings in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance
is consistent with the Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. The recitations set forth above are incorporated herein.
Section 2. That Article 4.7, "FamilylWorkforce Housing", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
SECTION 4.7 FINDINGS
(A) The City Commission has determined that there is a severe
housing shortage in the City of Delray Beach that is affordable to the everyday
working families and citizens of the City; and
(B) Florida Statutes S 166.04151 provides that a municipality may
adopt and maintain any ordinance that is adopted for the purpose of increasing
the supply of affordable housing using land use mechanisms such as
inclusionary housing ordinances not withstanding any other provision of law; and
(C) The City Commission recognizes that there is a growing gap
between housing costs and wages in the City; and
(D) The City of Delray Beach has a legitimate public interest in
preserving the character and quality of neighborhoods which requires assuring
the availability of workforce housing for moderate and lower income persons in
the City; and
(E) The City recognizes that the need to provide workforce housing is
critical to maintaining a diversified and sustainable City having the character and
sense of a community where people can live and work in the same area; and
(F) The City is encouraging the production and availability of workforce
housing and at the same time is cognizant that escalating land costs and rapidly
diminishing amounts of land hinder the provision of sufficient workforce dwelling
units by the private sector; and
(G) The City Commission has adopted the Southwest Area
Neighborhood Redevelopment Plan and Comprehensive Plan changes
recognizing the need to redevelop the Southwest Neighborhood in a manner that
preserves the neighborhood and provides workforce housing.
2
ORD. NO. 18-06
(H) The City Commission desires to establish an additional workforce
housino overlay district known as the Infill Workforce Housino Area for certain
properties located west of the Intracoastal and east of 1-95, outside of the coastal
hioh hazard area and as depicted on the map attached and made a part of Article
4.7.
(I) The City Commission also desires to establish additional incentives
to encouraQe additional FamilylWorkforce Housino.
SECTION 4.7.1 DEFINITIONS
a. Adjusted Median Income (A.M.I.) - The Palm Beach County
median income, based on a family of four, as published by Florida
Housing Finance Agency.
b. Affordability Controls - Restrictions placed on dwelling units by
which the price of such units and/or the income of the purchasor or
lessee will be restricted in order to ensure that the units remain
affordable to very low, low, or moderate income households.
3
ORD. NO. 18-06
c. Carver Estates Overlay District - The area shown on the map below.
I-- I--- ~ s.w. 41H ST. ~ I I Rill/II I
- - T f--
DELRA Y
- f--- ~ FULL SERVICE
- S.W. 4TI-l ST. T
I-- -~ CEN TER
- ci f--- ~. !S! ~
- ~f--- f--- ~ -< I--
-<
- f--- f--- AUBURN CIRCLE NORTI-l
- - [;;dD I--
j!: ....
-j!: j!: rJl
;!: ~
- ~t-- ~
.... HAITIAN
f- ...J
U
0:: CA THOLlC
- :Ii :Ii iJ
-~ CHURCH
rJl vi vi ~
j: 6TH ~ If"'"'" ~ ci S.W. 6TI-l ST.
DR. iJ
STRONG ~~ z z
,. ~ 0::
;:)
CD CD
;:) I~
-<
~~ U L...--.,..
g,.;;j AUBURN CIR. S.
~
CEN TER AUBURN
S.W. 7TI-l ST.
- = TERR. SO. S.W. 7TI-l ST.
===
=== -
=== -
== - CARVER ESTA TES
.- !S! - j!:
~=== <0
-<- -< -
-
=== -
~ l.- I
f--
c:w n::l CT.
=== S.W. 81'F\ -ST. f--
=== - I
j!: j!: f--
'" Ll'l !S! - oi !S! !S!_
- - f--~
-< -< -< -<
- S.W. 9TI-l ST.
f-- - f-- -
j!: If--- f-- i!'- f--j!: j!:- DELRA Y BEACH :Ii
.... -- '--- ~- MEMORIAL vi
- -
:lil- :Ii f-- - GARDENS S. W. 9TI-l CT.
vi I vi f--- -
- - -
L- f--- ;Ii- f--:Ii :Ii-
ITIJ :Ii 1 - ui_
vi f--- f-- vi vi-
'-- '--
S.W. 10TH C:;TR~ET
!S! ~~ I-- L~ !S!ITIJIITI]J]J
-<
-< ~
~ l--
,,~ $:)' ~$:)' j!: j!:
1 ~~ ~~ 1 ~ '" ID
9:' 9:'
Q ~ c:;. Q~~ IA,~
"- I\) - :Ii
;Ii / ~ :Ii vi
vi vi
4
ORD. NO. 18-06
d. City - The City of Delray Beach, Florida.
e. Community De\~elopment Block Grant (CDBG) Target Area
The 3re3 shown in the map belo'N.
fg. CRA - The Delray Beach Community Redevelopment Agency.
9f. Density Bonus Program - The Density Bonus program is an
incentive program intended to encourage developers to build
affordable owner-occupied and rental housing within Delray
Beach's Community Development Block Gr3nt (CDBG) target 3roa
the City of Delray Beach. The concept is that for every workforce
housing unit that a developer builds, a calculated number of market
rate units greater than would be allowed otherwise may be built.
ng. Density Bonus Unit - An additional dwelling unit added above the
base number of units authorized once performance standards have
been applied and the density has been computed under existing
codes.
ih. Development - A housing development at one location including
dwelling units for which approvals have been granted.
jl. Eligible Occupant - A person who qualifies for participation in the
program. Priority will be given to persons who have lived or worked
within the City limits of Delray Beach continually for one year
immediately prior to the date of application for a workforce housing
unit related to the Density Bonus Program and who qualify for
participation in the program.
ki. First Time Home Buyer - A person who has not held ownership in
a residence within the past three years.
Hs. Household - A single person living alone, or two or more persons
sharing residency, with a combined income available to cover
household expenses.
ml. Infill Workforce Housina Area - The area located west of the
Intracoastal Waterway and East of 1-95, outside of the coastal hioh
hazard area. as depicted on the maps below:
5
ORD. NO. 18-06
, @Y.~ Sr~f (tA,f BL VDo"H / I I HI.
g /1 ~ I _a~
~t........ i~ ~ :11aF]~I~ -.,~ V /
~ ~~~ - -I .. l~. - ~ )
01 ~ nee; q' ~ J I
till I ru ti..' 'l> I ",~I
+--~I" ~.5 1 : I~ " r.,
~,~ ~ > t: ~ .4ll J tV :~ ~
N I ~ ~ ~ i !: ~l~ ~
fii\ .~ ";)U/i1.' f~ 2:
rr~ I"':" II~A ~'I
o ~~'- ";-] ~ ~ f" ~~ ~ 0' ~"',,~~ !
~/~i l~ I/L~ <i ~~!IIl "'''~''~ i
~ "M 1M; I'- /,..,.. mlr , ~ .'
==~ ~ .
r:= IT ~ ~ I lIT J . ~ "~~" !
I ~ bll ~ N; LP'- - ,
'" 11f~11 " ~ ~ ,,~ .
N.W 2" I ~ ~~ ~ ,,'4 ." '" :
II I ~f'l ",~I
bI:>..J.. "" .--.,
I I ~;=" '" :
I IT. 1. ~ j.l&t ~~ . :
........ f- . ~ ! ~ al=1 ;. ,," '" 'I !
~ 11 ;; I. ~ 0..""') :
, iT ~ ''i. i....l>..IPL i
It't:I:lr_Dli!L",--"illlll - 11-- ap.~ - . _ ~. l"-: ~~b,."-..iiL _________.__._
Infill Worldorce Housing Area
- 18 Units Per Acre
~ Coastal High Hazard Area
rr
~
~~ ~r
IV" DEACH
r-
~h
..
~.
()'
)
I
J
l~
,
JA.
~
_.- - - - CI1YI/ImI -.-.---
CITY OF De.RAY lIEAa( R.
PUM<ING & ZONING DB'ARTIEHT
11_ 2IlOf
..... RwI: lJIA'lHd
..DfGtrIlt.___..
Map 1
Map 10f3 "II ,.. .... ... ..
m:m~~!lrr rlm~T.~ ~ ~_m l]j II f!![l~J[[
~~ ~ ........ b- ... CF l! 1IIiI 1"
1\ 'I ~
..,
1 'JI ~ ~ 'I OJ
~ It!jf: ~
~
II ..
'"
~ CF
-
in
~
CF
.Il
J :
~ f:;
rnE:j,~ ~ I
.1'
cr ~
~
OB
LD
iu
-
u;l ts
I ~I
\\\\ i II ;:I:
) Il\\ ! ~
-1 "'~
~/ :!~oNK~
J ~ _
~- ~.
.JJ( .m m.. ..m .. ...~m mmmm'
Infill Worldorce Housing Area
_ 18 Units Per Acre
~ Coastal High Hazard Area
7
-
m ['\II\K~l''''\ I""~}
~ ~~lF ,,',\ 1\.,"-
V[ I,l[
.'" '" '\I
~ '" ~ ~ ~NM
'i ~ "'-"~
~~ :::: ",-'" "
~"-' I\.. ~ ~
~"-.","" !
~" !
~~~ ~ ~ f
h.'" E:::S: .,... ·
8 - ~~' "'I-~"Y;& f
B '~li,-"'-. ["-. '" ~ ~ :
t~~~~ ~ 1
If~~~b2 ~ j
~~"'''-. '^' ~ i
~ ~~~~ ~ ~ f
~~~\'-."'~j
v :...~"-., ~ "- ~ ..::\ ;
""'::1"~V~ "'''- I
,~ ~ '-. I"-. "- f
,:1 ~ ~J
~ ~!
~' "'~ :
1"-. "-. '-. .
,'-. ^""~.
u... ' . \ ~ ,,~ ;
L Vl I ,"'-. t ~ i
nw AI '" '"
'-~ ~:
~~ ~~ ~
~~ "" "'" l1: '" :
"- "- "'-. ~~.
l~~ ~ !
" '
,"'~~ ~ i
" '" "'" ",,""\..j I
~
080 ..
CF
CF
T
fCFi ,
OB
C ,
,
~
IL
J
~"H
'<.5
~ I 1/' --
CIIII ~ QC
..,
~ QC
~
i ~
OB ~~;t:
,~ ~
;t:~
. -- . 3Jjj3~:r
4&--
_._,--- atYUII1S -,_._._-
C/TYOF DElAO" ~ R.
~.. ZOMNGDEPARTIENf
"'_ 200ll
Met'~: LAlAtHd
- - OIGIfAL &<SE WI' SVSlBI..
Map 2
ORD. NO. 18-06
n::
n::
><
uj
(j
~
Di
::so
q:
U)
m
ct:
C)
::z:
o
o
Infill Workforce Housing Area
l1li 18 Units Per Acre
~ Coastal High Hazard Area
~
------- ClTYUYTS -- -.- -
CITY OF DB.RA V lEACI(. R
PlANNING & roNING DEPARTUENr
_ 2006
11." R<< UM19fd
~ . DIGITAL SASe MI4P S't'STIJI.-
Map 3
m. Low Income Household - A household with a gross, combined
income between 61 % and 80% of the Palm Beach County Adjusted
Median Income (as defined by the Florida Housing Finance
Authority).
8
ORD. NO. 18-06
en. Moderate Income Household - A household with a gross,
combined income between 81% and 120% of the Palm Beach
County Adjusted Median Income (as defined by the Florida Housing
Finance Authority).
RO. Other Workforce HousinQ - Workforce Housinq is required in
areas covered by Land Development Requlations Section
4.4.13(1), where the density is increased; and by Section 4.3.4
(J)(4)(b), where a fifth floor is added to the buildinq.
{}.;....Q:. Southwest Neighborhood Overlay District - The area zoned RM
between Interstate 95 and N.W. 1st Avenue, and Atlantic Avenue to
S.W. 2nd Street as shown in the map below.
POMPEY
PARK I~I
L______
' '
..
9
ORD. NO. 18-06
fh.9.:. Southwest 10th Street Overlay District - The area at the
Southwest corner of Swinton Avenue and 10th Street as shown in
the map below.
CITY OF DELRA Y BeACH
pueuc WORKS COMPLEX
WATER
TREA ThlEN1
PLANT
ST.
((
I'Th~! il
Sf
~
'w"'",
.........
HAR80URS
roGE:
10
ORD. NO. 18-06
"t:L. Very Low Income Household - A household with a gross,
combined income not exceeding 60% of the Palm Beach County
Adjusted Median Income (as defined by the Florida Housing
Finance Authority).
f;.s. Workforce Housing Unit - A dwelling unit for which the rent or
mortgage payment (including principal, interest, taxes and
Insurance P.I.T.I.) does not exceed 35% of the gross income of
households that classify as very low, low, or moderate income
households and meets the other requirements of the
FamilylWorkforce Housing Program.
SECTION 4.7.2 APPLICABILITY
Except as otherwise provided in this ordinance, these regulations shall
apply only to development applications consistent with the following
conditions:
a. Subiect to restrictions contained in this Article. .QQevelopment must
be located within the established Southwest NeiQhborhood Delray
Beach Overlay District, the Southwest 10tR Street Overlay District,
Gf the Carver Estates Overlay District, or the Infill Workforce
HousinQ Area to qualify for participation in the Density Bonus
Program set forth in this Article 4.7.
b. Subiect to the restrictions of this Article. developments constructed
pursuant to Section 4.3.4(J)(4)(b)ii(1) must provide workforce
housinQ to qualify for an increase in heiQht.
c. Subiect to the restrictions of this Article, developments constructed
pursuant to 4.4.13(1) must provide workforce housinQ to qualifv for
increased density.
th d. In order to qualify for a density bonus, a project must consist of at
least five new or substantially rehabilitated dwelling units. The
HUD definition shall be used to determine whether there has been
substantial rehabilitation. In addition. the units must contain desiQn
features. such as, but not limited to. front porches, eyebrows.
outriQQers. Qables. dormers, arbors. trellises. shutters, balconies.
decorative vents. sidinQ, textured stucco finishes, undulatinQ
facades and other such appropriate architectural features.
11
ORD. NO. 18-06
G,. e. The developer or responsible party must provide relocation
assistance at a minimum of $2,500.00 per each household to very
low and 10'N income residents that aFe is displaced as a result of the
proposed project.
&: t In the Southwest 10th Street Overlay District and in the Carver
Estates Overlay District, at least twenty percent of all residential
units must be workforce housing units.,. that are affordable to very
low. or low, or moderate income families.
q. The Carver Estates Overlav District, the Southwest Neiqhborhood
Overlav District, and the Infill Workforce Housinq Area shall contain
units that are affordable to very low. or low, or moderate income
families.
h. Developments which must provide workforce housinq pursuant to
Section 4.3.4(J)(4)(b)ii(1) or Section 4.4.13(1) shall contain units
that are affordable to low or moderate income families.
SECTION 4.7.3 PROVISION OF WORKFORCE HOUSING UNITS
Developers will be awarded density bonus units (additional market rate
units), beyond the base number allowed per existing zoning ordinance
after performance standards have been met as an incentive to provide
affordable housing unit, subject to the limits and requirements of this
chapter.
a. Developers may earn bonus units by building housing for very low,
low or moderate income families within the designated boundaries
of the Overlay Districts and Infill Workforce Housinq Area described
in this article.
b. All development shall meet the requirements for units as specified
in this chapter and meet all required Land Development
Regulations.
c. Workforce units shall include those units in a development, which
are regulated in terms of:
i. Sales price or rent levels; and
ii. Marketing and initial occupancy; and
12
ORD. NO. 18-06
iii. Continued requirements pertaining to resale or rent
increases.
SECTION 4.7.4 DENSITY BONUS PROGRAM FOR THE SOUTHWEST
NEIGHBORHOOD OVERLAY DISTRICT; THE CARVER
ESTATES OVERLAY DISTRICT AND THE INFILL
WORKFORCE HOUSING AREA
Developers of property in the Southwest Neighborhood Overlay District, the
Carver Estates Overlay District and the Infill Workforce Housinq Area, that meet
the minimum standards will earn bonus units for building workforce housing for
very low, low and moderate income families.
a. The size of the bonus varies based on several factors including:
i. Affordability (i.e., homes affordable to very low, low, or
moderate income families)
ii. Home Size (i.e., workforce housing units with four or more
bedrooms are awarded larger bonuses)
iii. Ownership versus Rental (i.e., larger bonuses are awarded
for workforce housing units offered for sale to low and
very-low income families and larger bonuses are awarded
for ownership versus rental units.)
b. To be eligible for bonus units, developers must meet one or more of
the following criteria:
i. A designated number of the total units are restricted to very
low income households, and/or
ii. A designated number of the total units are restricted to low
income households, and/or
iii. A designated number of the units are restricted to moderate
income households
c. Workforce housing units may be located off-site provided the off-
site location chosen is within the Delray Beach CDBG target area
City of Delray Beach.
13
ORD. NO. 18-06
d. The bonus allowances are set forth in Table 1 below.
TABLE 1 DENSITY BONUS ALLOCATIONS IN THE
SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT, THE INFILL
WORKFORCE HOUSING AREA AND THE CARVER ESTATES
OVERLAY DISTRICT
OPTION
SALE
NUMBER OF BONUS UNITS PER
WORKFORCE UNIT PROVIDED
4
3
2
VERY LOW 60%
LOW 80% - 61 %
MODERATE 120% - 81 %
OPTION
RENT
NUMBER OF BONUS UNITS PER
WORKFORCE UNIT PROVIDED
3
2
1
VERY LOW 60%
LOW 80% - 61 %
MODERATE 120% - 81 %
LARGE HOME OPTION
4+ bedroom workforce housing
units
Additional 0.5 bonus will be added to the
bonus provided above in this chart
e. Instead of or in addition to providing workforce housing units,
developers may also accrue bonus units by contributing to a
housing trust fund the Delray Beach Community Land Trust that will
be utilized to subsidize workforce housing in the CDBG t3rget 3re3
City of Delray Beach. Developers may earn one bonus unit for each
payment of a sum equal to $60,000, payable to the
F3milyl'Norkforco Housing Delray Beach Community Land Trust.
f. Also, instead of or in addition to providing workforce housing units,
developers shall earn bonus units by donating land (buildable lots)
in the CDBG 3m3 of in the City Delray Beach to be used for
workforce housing. The appraised value of donated land will be
valued in accordance with subsection e. above and may be
prorated. The appraisal shall be obtained by developer at
developer's cost.
14
ORD. NO. 18-06
g. The maximum total density of a development in the Southwest
Neiqhborhood Overlay District and the Carver Estates Overlay
District shall not exceed 24 units per acre. The maximum total
density of a development in the Infill Workforce Housinq Area shall
not exceed 18 units per acre. All other Workforce Housinq Area
densities shall be limited to the maximum allowed in the zoninq
district and as set forth elsewhere in the Land Development
Requlations.
SECTION 4.7.5 DENSITY BONUS PROGRAM FOR THE SOUTHWEST 10th
STREET OVERLAY DISTRICT AND THE CARVER ESTATES
O'lERlA Y DISTRICT
Developers of property in the Southwest 10th Street Overlay District and the
Carver Estates Overlay District shall develop the properties to afford a minimum
of twenty percent of the residential units as workforce housing units.
a. The twenty percent that are developed as workforce housing units
must contain units that are affordable to very low, low or moderate
income families.
b. In the Southwest 10th Street and Carver Estates Overlay Districts,
the maximum density allowed is the maximum zoning density
allowed in the zoning district. To obtain the maximum density
allowed in the zoning district, not only must a minimum of twenty
percent of the residential units be developed as workforce housing,
but all the performance standards that allow increased density shall
also be substantially met.
c. Workforce housing units may be located off-site provided the
location chosen is within the CDBG 3m3 of tho City of Delray
Beach.
d. All sections of Chapter Article 4.7 apply to the Southwest 10th
Street 3nd C31"\'or Estates Overlay DistrictsJ, except for Sections
4.7.4,4.7.11 and 4.7.12.
15
ORD. NO. 18-06
SECTION 4.7.6 RENTAL HOUSING UNITS
a. A covenant shall be recorded in the Public Records specifying the
income level served, rent levels, reporting requirements and all
restrictions applicable to the workforce housing units. All leases
shall contain language incorporating covenants applicable to the
workforce housing unit and reference recorded covenants.
b. Units targeted to very low income households under the 60%
affordability level of the Palm Beach County median income,
adjusted for family size, shall not have rental rates that exceed
100% of the HUD determined fair market rent for the area.
c. Units targeted to low income households at 61 % to the 80%
affordability level of the Palm Beach County median income,
adjusted for family size shall not have rental rates that exceed
120% of the HUD determined fair market rent for the area.
d. Units targeted to moderate income households at 81 % to the 120%
affordability level of the Palm Beach County median income,
adjusted for family size, shall not exceed 140% of the HUD
determined fair market value.
e. No workforce house units shall be offered for rent to the general
public until all requirements of this section are met.
f:. All Restrictive Covenants shall meet the requirements of this Article
and are subiect to approval of the City Attorney.
SECTION 4.7.7 FOR SALE HOUSING UNITS
a. All deeds shall include the restrictive covenants applicable to
workforce housing units. All sales contracts shall state that the unit
is part of a workforce housing program and subject to Section 4.7 of
the Land Development Regulations of the City.
b. All purchasers of workforce housing units shall be very low, or low
or moderate income households; provided, however, in exceptional
circumstances when persons in households above the moderate
income level are displaced due to redevelopment or catastrophic
events, the persons so affected shall also be eligible for workforce
housing. Under these circumstances, the Density Bonus Allocations
under Section 4.74 shall be for moderate income households.
16
ORD. NO. 18-06
c. Owners of workforce housing units shall be required to occupy the
unit unless evidence is presented indicating that the owner is
unable to continuously occupy the unit due to illness or incapacity.
d. Closing costs and title insurance shall be paid pursuant to the
custom and practice in Palm Beach County at the time of opening
of escrow. No charges or fees shall be imposed by the seller on the
purchaser of a workforce housing unit which are in addition to or
more than charges imposed upon purchasers of market rate units,
except for administrative fees charged by the City/CRA, or their
designee.
e. Sales prices for workforce housing units will be calculated on the
basis of:
i. The sales price of a new structure for low and very low
households may not exceed the maximum price established
by the Community Improvement Department under the
approved Local Housing Assistance Plan (LHAP).
ii. For moderate income households, the maximum price shall
be established by the Community Improvement Department
based on a formula that considers the prevailing mortgage
interest rates, as approved by the City Commission by
resolution.
f. No workforce housing units shall be offered for sale to the general
public until all requirements of this chapter are met.
9..:. All Restrictive Covenants shall meet the requirements of this Article
and are subiect to approval of the City Attorney.
4.7.8 RESALE AND SUBSEQUENT RENTALS OF AFFORDABLE UNITS
To maintain the availability of workforce housing units which may be constructed
pursuant to the requirements of this program, the following resale conditions shall
be imposed on the workforce housing units and included in the deed or restrictive
covenant and recorded in the Public Records of Palm Beach County:
a. All workforce housing units shall remain affordable for a period of
no less than tRifty fQ!jy ~ (40) years commencing from the date
17
ORD. NO. 18-06
of initial occupancy of the unit.,., subiect to the limits set forth in this
section and Section 4.7.9.
b. All workforce housing units must be rented or sold to eligible
households. There shall be no provisions for releases from the sale
or rental of workforce units to eligible households. Workforce
housing units may be resold to non-eligible households only when
the restriction expires.
c. Deed restrictions or restrictive covenants and/or bylaws designed to
ensure continued affordability shall be embodied in legally binding
agreements meetinq the requirements of this Article, which shall be
approved by the City Attorney prior to recording.
d. Workforce housing unit resales shall be limited to households of the
same category relative to income.
e. The sales price of workforce housing units may not exceed the
upper limit of affordability for the income category to which the unit
was originally assigned.
f. Transfers of title under the following circumstances shall be
allowed, and are not subject to the restrictions included in this
program:
i. Transfers by inheritance to the purchaser-owner's spouse or
offspring, or;
ii. Transfers of title to a spouse as part of a divorce dissolution
proceeding, or;
iii. Acquisition of title or interest therein in conjunction with
marriage.
g. No resales of workforce housing units shall be completed until the
requirements of this chapter are met.
4.7.9 GENERAL PROVISIONS
a. If not located offsite, all workforce housing units constructed or
rehabilitated under this program shall be situated within the
development so as not to be in less desirable locations than
market-rate units in the development and shall, on average, be no
18 ORD. NO. 18-06
less accessible to public amenities, such as open space, as the
market-rate units.
b. Workforce housing units, if located within a market rate unit
development or located offsite, shall be integrated with the rest of
the development and shall be compatible in exterior design,
appearance, construction, and quality of materials and contain
comparable HV AC systems and appliances with market rate units
and provide them as standard features. All workforce housinq units
shall contain comparable square footaqe to the correspondinq
market-rate unit.
c. The developer shall endeavor to provide workforce housing units
that include unit types in the same proportion as the market rate
housing unit types. The following conditions must be met:
i. The proportion of 2 bedroom workforce units to total
workforce units may not exceed the proportion of 2 bedroom
market rate units to total market rate units.
ii. The proportion of 3 bedroom workforce units to total
workforce units must meet or exceed the proportion of 3
bedroom market rate units to total market rate units, unless
4+ bedroom workforce units are provided.
iii. The proportion of 4+ bedroom workforce units to total
workforce units must meet or exceed the proportion of 4+
bedroom market rate units to total market rate units.
iv. If the development contains a mix of different types of units,
(e.g. condominium, townhouse, detached, etc), the
proportion of workforce units of each type to total workforce
units must be approximately the same as the proportion of
market rate units of each type to total market rate units.
v. If the development includes both for sale and for rent units,
the proportion of for rent workforce units to for sale
workforce units must not exceed the proportion of for rent
market rate units to for sale market rate units.
vi. Notwithstanding Section 4.7.9 c. i., ii, iii, and iv. above, in the
Southwest 10th Street Overlay District at least 75% of the
workforce housing units shall be 3 bedroom units offered for
initial sale in an amount not to exceed $225,000.00 and 25%
19
ORD. NO. 18-06
of the workforce housing units may be 2 bedroom units
offered at the low income affordability rate.
d. The construction schedule for workforce housing units shall be
consistent with or precede the construction of market rate units.
e. There shall be no lot premiums charged on the workforce housing
units.
f. All fractional bonus densities shall be rounded down.
g. The City of Delray Beach, its successors and assigns may enforce
the covenants. No amendments to the covenants shall be made
unless by written instrument approved by the City.
h. No one bedroom units shall be allowed under the family/workforce
housing program.
i. Workforce Housinq Units constructed accordinq to this policy shall
be protected for subsequent resale or rental to Workforce
Households whose income does not exceed the applicable AMI by
deed restrictions or by other equivalent and effective methods.
Conversions of rental units to owner occupied units or vice versa
shall require the subsequent rental or sale to be for the same
workforce housinq income cateqory.
i Workforce Housinq Units constructed accordinq to this policy shall
only be rented or sold as a primary residence.
k. A deed restriction on a form acceptable to the City Attorney shall be
recorded in the Public Records of Palm Beach County. In addition
to other restrictions therein contained, said deed restriction shall
prohibit any sublettinq or assiqnment of the respective Workforce
Housinq Unit to a tenant(s) or purchaser(s) whose income exceeds
the percent of the AMI under which the unit is oriqinally approved.
For the purpose of this section, household income is determined by
the cumulative income of all tenants or purchasers under one roof.
In addition, said deed restriction shall limit the maximum permitted
resale price to the initial sale price of the Workforce Housinq Units,
increased at the same rate as the Palm Beach County median
income has increased from the initial date of purchase. Prior to the
c10sinq on any sale, resale or prior to any rental of any workforce
housinq unit. the City shall be notified of the sale, resale or rental.
20 ORD. NO. 18-06
I. For both sale and rental of Workforce Housinq Units, affordability
and occupancy restrictions shall remain in effect for 40 years and
shall apply to any replacement structure or structures constructed if
a structure containinq a Workforce Housinq Unit or Units is
demolished or destroyed, provided that if demolition or destruction
of a structure containinq Workforce Housinq Units occurs 35 years
after recordinq of the restrictions and said demolition or destruction
was unintentional. restrictions on the units in the structure shall
terminate on demolition or destruction.
m. Nothinq requires a workforce household to vacate a rental
workforce housinq unit or sell a workforce housinq unit if the
tenant(s) or purchaser (s) income later exceeds AMI.
4.7.10 REVIEW AND APPROVAL PROCESS
a. Final Approval Conditions: Final conditions of approval shall
specify that the restricted units are priced and/or rented at
workforce housing levels and shall state that those units shall be
rented and/or sold to the eligible income group in accordance with
this article. The conditions will also specify the requirements for
reporting to the City's Community Improvement Department on
buyer eligibility, housing prices, as well as any applicable
requirement to record a covenant or to enforce resale restrictions.
4.7.11 DENSITY BONUS TABLES
a. The Density Bonus Tables shown below apply to the South'::est
Neighborhood Overl3Y District only 3nd are provided to illustrate
bonus densities under various parcel sizes, unit types and income
eligibility; however, the density bonus allocations contained in Table
1 shall control densities in the Southwest Neighborhood Overlay
District.,. . the Infill Workforce Housinq Area, and the Carver Estates
Overlay District.
21
ORD. NO. 18-06
Workforce Housing Program Density Bonus Allocations
Owner Occupied - 2-3 Bedroom Units
Very-Low Income
(4 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 5 1 4 10 10.0%
1 12 24 9 3 12 24 12.5%
1.5 18 36 14 4 16 34 11.8%
2 24 48 18 6 24 48 12.5%
2.5 30 60 23 7 28 58 12.1%
3 36 72 27 9 36 72 12.5%
3.5 42 84 32 10 40 82 12.2%
4 48 96 36 12 48 96 12.5%
Low Income
(3 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 4 2 6 12 16.7%
1 12 24 8 4 12 24 16.7%
1.5 18 36 12 6 18 36 16.7%
2 24 48 16 8 24 48 16.7%
2.5 30 60 20 10 30 60 16.7%
3 36 72 24 12 36 72 16.7%
3.5 42 84 28 14 42 84 16.7%
4 48 96 32 16 48 96 16.7%
Moderate Income
(2 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 3 3 6 12 25.0%
1 12 24 6 6 12 24 25.0%
1.5 18 36 9 9 18 36 25.0%
2 24 48 12 12 24 48 25.0%
2.5 30 60 15 15 30 60 25.0%
3 36 72 18 18 36 72 25.0%
3.5 42 84 21 21 42 84 25.0%
4 48 96 24 24 48 96 25.0%
22
ORD. NO. 18-06
Workforce Housing Program Density Bonus Allocations
Owner Occupied - 4+ Bedroom Units
Very-Low Income
(4.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 5 1 4 10 10.0%
1 12 24 10 2 9 21 9.5%
1.5 18 36 14 4 18 36 11.1%
2 24 48 19 5 22 46 10.9%
2.5 30 60 24 6 27 57 10.5%
3 36 72 28 8 36 72 11.1%
3.5 42 84 33 9 40 82 11.0%
4 48 96 38 10 45 93 10.8%
Low Income
(3.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 5 1 3 9 11.1%
1 12 24 9 3 10 22 13.6%
1.5 18 36 13 5 17 35 14.3%
2 24 48 17 7 24 48 14.6%
2.5 30 60 22 8 28 58 13.8%
3 36 72 26 10 35 71 14.1%
3.5 42 84 30 12 42 84 14.3%
4 48 96 35 13 45 93 14.0%
Moderate Income
(2.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 4 2 5 11 18.2%
1 12 24 7 5 12 24 20.8%
1.5 18 36 11 7 17 35 20.0%
2 24 48 15 9 22 46 19.6%
2.5 30 60 18 12 30 60 20.0%
3 36 72 22 14 35 71 19.7%
3.5 42 84 25 17 42 84 20.2%
4 48 96 29 19 47 95 20.0%
23
ORD. NO. 18-06
Workforce Housing Program Density Bonus Allocations
Rental - 2-3 Bedroom Units
Very-Low Income
(3 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 4 2 6 12 16.7%
1 12 24 8 4 12 24 16.7%
1.5 18 36 12 6 18 36 16.7%
2 24 48 16 8 24 48 16.7%
2.5 30 60 20 10 30 60 16.7%
3 36 72 24 12 36 72 16.7%
3.5 42 84 28 14 42 84 16.7%
4 48 96 32 16 48 96 16.7%
Low Income
(2 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 12 3 3 6 12 25.0%
1 12 24 6 6 12 24 25.0%
1.5 18 36 9 9 18 36 25.0%
2 24 48 12 12 24 48 25.0%
2.5 30 60 15 15 30 60 25.0%
3 36 72 18 18 36 72 25.0%
3.5 42 84 21 21 42 84 25.0%
4 48 96 24 24 48 96 25.0%
Moderate Income
(1 unit per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bon us Rate Units Units Units Units Affordable
0.5 6 12 0 6 6 12 25.0%
1 12 24 0 12 12 24 25.0%
1.5 18 36 0 18 18 36 25.0%
2 24 48 0 24 24 48 25.0%
2.5 30 60 0 30 30 60 25.0%
3 36 72 0 36 36 72 25.0%
3.5 42 84 0 42 42 84 25.0%
4 48 96 0 48 48 96 25.0%
24
ORD. NO. 18-06
Workforce Housing Program Density Bonus Allocations
Rental- 4+ Bedroom Units
Very-Low Income
(3.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 5 1 3 9 11.1%
1 12 24 9 3 10 22 13.6%
1.5 18 36 13 5 17 35 14.3%
2 24 48 17 7 24 48 14.6%
2.5 30 60 22 8 28 58 13.8%
3 36 72 26 10 35 71 14.1%
3.5 42 84 30 12 42 84 14.3%
4 48 96 35 13 45 93 14.0%
Low Income
(2.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 4 2 5 11 18.2%
1 12 24 7 5 12 24 20.8%
1.5 18 36 11 7 17 35 20.0%
2 24 48 15 9 22 46 19.6%
2.5 30 60 18 12 30 60 20.0%
3 36 72 22 14 35 71 19.7%
3.5 42 84 25 17 42 84 20.2%
4 48 96 29 19 47 95 20.0%
Moderate Income
(1.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 2 4 6 12 33.3%
1 12 24 4 8 12 24 33.3%
1.5 18 36 6 12 18 36 33.3%
2 24 48 8 16 24 48 33.3%
2.5 30 60 10 20 30 60 33.3%
3 36 72 11 25 37 73 34.2%
3.5 42 84 14 28 42 84 33.3%
4 48 96 16 32 48 96 33.3%
25
ORD. NO. 18-06
4.7.12 OTHER INCENTIVES.
(a) In order to address a shortaqe of workforce housinq units. incentives have
been added to induce the construction of workforce housinq units in the City. In addition
to the other incentives contained within this article, lots of record that have at least 40
feet of frontaqe may be used for Workforce Housinq, as lonq as the workforce housinq
unit meets the typical desjqns represented by the sketches set forth below and the
additional requirements of 4.1.4(D) as well as other applicable code provisions are met.
26
ORD. NO. 18-06
LIVING
u' J( '13'
MASTER
BEDROOM
12" J( 13"
EHffl't
POACli
UPPER FLOOR
.~..." ~t:w~~
""~~~
MAIN FLOOR
Upper Floor
Main Floor
T&tal Living Area
Basement
565 sq. fL
840 sq. fc
1,405 sq. n.
840 sq. ft
Footprint
30'.0" x 36'.0"
3 Bedrooms
2 Bathrooms
Basement,
Crawlspace or
Slab Foundation
27
ORD. NO. 18-06
r
MAIN FLOOR:
Upper Floor 480 Stl' ft.
Main Floor 1.238 sq. ft.
Total Living Area 1,718 sq. It.
Footprint
30'-4" :It 47'.0"
28
BEllIlOClM'
-~..^..
UPPER: FLOOR
2+ Bedrooms
3 Ba'hrooms
Crawlspace
Foondation
ORD. NO. 18-06
UPPER FLOOR
MAIN FLOOR
Upper Roor
Main Root
Total Living Area
Basemenl
698 sq. ft..
1.080 sq. ft.
1,778 $fl. ft,
1.080 sq. ft.
Footprint
30'-0":1: 62'.0"
3 Bedrooms
2M Bathrooms
Cl11wlspace,. Slab
or Basemeot
Foundatl~_.._ _ .
29
ORD. NO. 18-06
1--------
I
I
I M. &EDRooM
I 12'-8'. 10'-1!"
I
I
I
'--r
I
I
I 8ED~M #2 &EDRM#3
I !h 10' 11'_ w-
I
L_____
=== =-=-= == = .=::.:====1(
II
II
II
CARPORT II
fN-e-.lO'.b" ::
II
II
DINING
tv...... 8~1'.
1+
I
L_
~
S
......
'-
o
~
LIVING
12'.11".18'-11"
PO~CH
1'",'. 117....
Main Floor
Total Living Area
978 sq, ft..
978 sq. rt.
Footprint
30'.0" x 48'-0"
3 Bedrooms
1 Bathroom
Slab Foundation
30
ORD. NO. 18-06
........GI!
w;,,,,'
~
~..r
-
UPPER FLOOR
MAIN FLOOR
Upper FlOOf 6S t sq. ft
Main Floor 706 sq. ft
lOtalLiving Area 1..."87 sq. ft.
F ootprin t
28'-0" " 16'-4"
1 Bedrooms
2111 Batbrooms
Crawlspace ur
Stab Foundation
31
ORD. NO. 18-06
,---------------------
LMNG ltOOM
W<iCl'".....
...
E
.!
...
'0
.'0
l.t:
MoSEPJtOOM
.......t."""
MllinFloor 1,234 sq. ft.
Total Living Area 1.234 sq,rt.
I'ootprint
30'-0" x 54'-0"
.2 Bedrooms
2 Bathrooms
Slub F oundatiotl
32
ORD. NO. 18-06
..
:,'!
MAL"'l FLOOR
Upper Floor 6S 1 sq, ft.
Main Floor 706 sq. it.
Total LIt'ing Area 1,..~87 sq. ft.
Footprint
2S'.1l" x 76'.10"
33
~
~u"'"
~
tt.""'..,,""
-
UPPER FLOOR
:2 Bedrooms
2'/1 Bathrooms
Crawlspace or
Slab Foundation
ORD. NO. 18-06
Section 15. That should any section or provIsion of this ordinance or any
portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid.
Section 16. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 17. That this ordinance shall become effective upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 2006.
ATTEST:
City Clerk
MAYOR
First Reading
Second Reading
34
ORD. NO. 18-06
MEMORANDUM
TO:
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGERt1I1
AGENDA ITEM # \ at> - REGULAR MEETING OF APRIL 4. 2006
.
ORDINANCE NO. 19-06 (SECOND READING/SECOND PUBLIC
HEARING)
MARCH 31, 2006
SUBJECT:
DATE:
This Ordinance is before Commission for second reading and second public hearing for a City
initiated amendment to Land Development Regulations (LDR) Section 4.4.13(1), "Performance
Standards".
The Ordinance amends Section 4.4.13(1)(1), which regulates densities and requires 20% of all
residential units to be workforce housing for densities in excess of 30 du/ acre in the commercial
core or over 12 du/acre in the West Atlantic Avenue Neighborhood with no more than 50% of the
workforce housing units to be for moderate income level occupants.
The Family/Workforce Housing Ordinance, adopted by the Commission on December 6, 2004,
includes incentives to provide workforce housing by allowing density bonuses within the Southwest
Neighborhood Overlay District. The program is being expanded to provide additional
opportunities and incentives for the provision of workforce housing. Additional information can be
found in the attached Planning & Zoning memo.
On February 27, 2006, the Planning and Zoning Board held a public hearing in conjunction with the
request. There was one member of the public that spoke in support of the amendment.
After reviewing the staff report, the Board voted 7-0 to recommend that the request be approved by
adopting the findings of fact and law contained in the staff report, finding that the request is
consistent with the Comprehensive Plan, and finding that the request meets the criteria set forth in
Land Development Regulations (LDR) Section 2.4.5(M) (Amendment to Land Development
Regulations).
Recommend approval of Ordinance No. 19-06 on second and final reading.
S:/City Clerk/ Agenda Memos/Ord 19-06 Workforce Housing 4.4.131040406
TO:
FROM: CTOR OF PLANNING AND ZONING
SUBJECT: MEETING OF MAR 21, 2006
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDRs) ARTICLE 4.7 "FAMILY WORKFORCE
HOUSING", SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.5
"OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION
4.3.4(J) "HEIGHT", SECTION 4.4.13(1) "PERFORMANCE STANDARDS" AND
SECTION 4.1.4 "USES OF LOTS OF RECORD", PROVIDING A REQUIREMENT
AND INCENTIVES FOR THE PROVISION OF WORKFORCE HOUSING.
The FamilylWorkforce Housing Ordinance, adopted by the City Commission on December 6,
2004, includes incentives to provide workforce housing by allowing density bonuses within the
Southwest Neighborhood Overlay District. The proposed amendments to the Land
Development Regulations are related to revisions in the City's Workforce Housing Program.
The program is being expanded to provide additional opportunities and incentives for the
provision of workforce housing. Major revisions to the program include the following:
1. Establishment of an additional workforce housing overlay district known as the Infill
Workforce Housing Area. This area includes the Swap Shop property on North Federal
Highway (zoned General Commercial) and all RM zoned property, east of 1-95 that does
not lie within the coastal high hazard area. A maximum density of 18 units per acre is
permitted in this area through density bonuses for the provision of workforce housing.
2. An increase in the maximum density from 12 units per acre to 24 units per acre within the
Carver Estates Overlay District through density bonuses for the provisions of workforce
housing.
3. References to the newly created Delray Beach Community Land Trust have been added.
Lump sum payments for units under the Density Bonus Program are to be paid to the
Trust.
4. The time which units are to remain affordable has been increased from 30 to 40 years.
The above four items are addressed primarily through revisions to LDR Article 4.7
"FamilylWorkforce Housing." LDR Section 4.5 "Overlay and Environmental Management
Districts" was modified to add the new Infill Workforce Housing Area to the list of overlay
districts and revisions were made to the Section 4.4.6 "Medium Density Residential (RM)
District" and Section 4.4.9 "General Commercial (GC) District" regulations to allow
developments with a density greater than 12 units per acre within this area. Additional
modifications were made to the RM zoning district regulations to allow relaxed development
standards within the infill Workforce Housing Area and Carver Estates Overlay District for
developments which provide workforce housing.
\06
City Commission Documentation, March 21,2006
Family/Workforce Housing Ordinances
5. Include an additional incentive to provide workforce housing units by aI/owing lots of record
between 40 feet and 50 feet to be developed for workforce housing.
This item is addressed through modification of LOR Section 4.1.4 "Use of Lots of Record" to
allow currently unbuildable lots of record with frontage between 40 and 50 feet to be
developed for workforce housing. The lots must be at least 4,000 sq. ft. in size, be located in
the R-1A, RL or RM zone districts, meet the applicable setbacks (side setbacks are reduced
to 5') and other development standards in the zoning district as well as meet typical designs
represented by sketches within LOR Article 4.7 "FamilylWorkforce Housing."
6. Requires workforce housing to be provided where increases in density are requested in the
CBD zone district.
This item is addressed through modification of LDR Section 4.4.13(1) "Performance
Standards." These performance standards must be addressed as part of the Conditional Use
process to allow development with a density in excess of 30 units per acre within the Central
Core area or in excess of 12 units per acre in the West Atlantic Neighborhood. Language has
been added which requires developments to provide 20% of the additional units (above 30
units per acre) as workforce housing units, divided equally between low and moderate income
levels.
7. Requires workforce housing to be provided in cases were increases in height are
requested.
This item is addressed through modification of LOR Section 4.3.4.(J) "Height.". This section
deals with requirements which must be addressed to increase height above 48 feet. Language
has been added to require developments which increase the intensity by adding an additional
floor to provide workforce housing. At least 20% of the additional residential units must be
divided equally between low and moderate income levels.
The Planning and Zoning Board considered the proposed ordinances at their meeting of February 27,
2006. There was one member of the public that spoke in support of the amendment and after reviewing
the staff report, the Board voted 7 to 0 to recommend approval of the related ordinances.
By motion approve on first reading Ordinance Nos. 16-06,17-06,18-06,19-06 and 20-06 which
implement City-initiated amendments to Article 4.7 "Family Workforce Housing", Section 4.4.6
"Medium Density Residential (RM) District", Section 4.4.9 "General Commercial (GC) District",
Section 4.5 "Overlay and Environmental Management Districts", Section 4.3.4(J) "Height", Section
4.4.13(1) "Performance Standards", and Section 4.1.4 "Uses Of Lots Of Record" of the Land
Development Regulations, by adopting the findings of fact and law contained in the staff report and
finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(M) of the Land Development Regulations.
Attachment:
. Proposed Ordinances
2
Rev. 3/9106
Reprinted 3/14/06
ORDINANCE NO. 19-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES BY AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.13(1), "PERFORMANCE
STANDARDS", TO PROVIDE FOR INCLUSION OF
WORKFORCE HOUSING AMONG OTHER CONDITIONS
IN ORDER TO OBTAIN INCREASED DENSITY;
PROVIDING A GENERAL REPEALER CLAUSE; A
SAVINGS CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to increase Workforce Housing in the
City; and,
WHEREAS, the City has an established Workforce Housing Ordinance; and,
WHEREAS, the inclusion of the requirement that 20% of the residential units be
Workforce Housing units is in the interest of the public health, safety and welfare; and,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on February 27, 2006
and voted 7 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings
in the Planning and Zoning Staff report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance
is consistent with the Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Section 4.4.13(1)
"Performance Standards" of the Land Development Regulations is amended to read as
follows:
(1) Performance Standards. These standards shall apply to all applications
for new development and modification of existing developments which would result in a
density greater than thirty (30) dwelling units per acre in the Commercial Core or twelve
(12) units per acre in the West Atlantic Neighborhood.
(1) The maximum permissible density of a particular project will be
established through the conditional use process, based upon the degree to which the
development complies with the performance standards of this section, the
required findings of Section 2.4.5(E), and other applicable standards of the
GComprehensive Plan and Land Development Regulations. Notwithstanding the
above, the approving body may deny an application for increased density where it is
determined that the proposed project is not compatible in terms of building mass
and intensity of use with surrounding development. All eliqible developments
desirinq to use these performance standards shall provide twenty percent (20%) of the
residential units above thirty (30) dwellinq units per acre in the Commercial Core or
twelve (12) units per acre in the West Atlantic Neiqhborhood as Workforce Housing
units (fractions shall be rounded up). The workforce housinq units shall be divided
between low and moderate income levels with no more than 50% of the workforce units
to be for moderate income levels and shall comply with other applicable provisions of
Article 4.7.
(2) In addition to the standards and requirements set forth in subsection
4.4.13(1)(1), above, +the applicable performance standards for development
exceeding twelve (12) units per acre within the West Atlantic Neighborhood or thirty
(30) units per acre within the Central Core are as follows:
(a) The development offers variation in design to add interest to
the elevations and relief from the building mass. Building
elevations incorporate several of the following elements:
diversity in window and door shapes and locations; features
such as balconies, arches, porches; and design elements
such as shutters, window mullions, quoins, decorative tiles,
or similar distinguishing features.
(b) If the building includes a parking garage as an associated
structure or within the principal building, the garage elevation
provides unified design elements with the main building
through the use of similar building materials and color,
vertical and horizontal elements, and architectural style.
Development of a portion of the ground floor perimeter
adjacent to street rights of way is devoted to window
displays or floor area for active uses such as retail stores,
2
ORD. NO. 19-06
personal and business service establishments,
entertainment, offices, etc., is encouraged.
(c) A number of different unit types, sizes and floor plans are
available within the development. Two and three bedroom
units are encouraged, as are a combination of multi-level
units and flats. In projects consisting of more than twelve
(12) dwelling units, the proportion of efficiency or studio type
units may not exceed 25% of the total units. There is no
maximum percentage established for projects having twelve
(12) or fewer units, however, a mix of unit types and sizes is
encouraged.
(d) The project design shall create an overall unified
architectural character and image by the use of common
elements between the building(s), parking lot, and
landscaping. Examples of some features that could be
incorporated to meet this standard are: freestanding light
poles and exterior light fixtures that are decorative and
consistent with the architectural treatment of the building(s);
pedestrian amenities such as benches, shaded walkways,
and decorative pavement treatment, that are similar in forms,
colors, materials, or details as the architecture of the
building(s); focal points such as public art, water
feature/fountain, courtyard or public plazas designed to
connect different uses along a continuous pedestrian
walkway; or a combination of similar features that meet the
intent of this standard.
(e) The development provides common areas and/or amenities
for residents such as swimming pools, exercise rooms,
storage rooms or lockers, covered parking, gardens,
courtyards, or similar areas and/or amenities.
(f) The development promotes pedestrian movements by
providing convenient access from the residential units to the
public sidewalk system. Pedestrian areas adjacent to the
building are enhanced by providing additional sidewalk area
at the same level as the abutting public sidewalk.
Accessways to parking areas are designed in a manner that
minimizes conflicts between vehicles and pedestrians. The
public street or streets immediately adjacent to the
3
ORD. NO. 19-06
development are enhanced in a manner that is consistent
with the streetscape in the downtown area (Le., installation
of landscape nodes, extension of existing paver block
system, installation of approved street lighting, etc.)
(g) The development provides opportunities to share parking,
accessways, driveways, etc., with adjoining properties, or
provides additional parking spaces that may be used by the
public.
(h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue,
N. E. 1 st Street, or S. E. 1 st Street contain nonresidential
uses on the ground floor. At least seventy-five percent (75%)
of the surface area of the front street wall(s) at the ground
floor of each such building is devoted to display windows
and to entrances to commercial uses from outside the
building.
(i) The landscape plan for the development preserves and
incorporates existing native vegetation (where available),
provides new landscaping that is in excess of minimum
standards (in height and quantity), demonstrates innovative
use of plant material, improves site design, provides useable
open space or public plazas, and maximizes available areas
for pedestrian interaction. If necessary to achieve this
standard, the project may exceed the maximum setback
area on the ground floor.
(3) It is acknowledged that it may not be possible for projects which
involve the modification of existing structures to comply with many of the above
referenced standards. For those types of projects, the ultimate density should be
based upon compliance with those standards which can be reasonably attained,
as well as the project's ability to further the goal of revitalizing the central
business district (i.e., adaptive reuse of older structures and the provision of housing
in close proximity to employment opportunities and services).
Section 2. That all ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed.
Section 3. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, clause or word be declared by a court of
4
ORD. NO. 19-06
competent jurisdiction to be invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part hereof other than the part declared invalid.
Section 4. That this ordinance shall become effective upon its passage
on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 2006.
ATTEST:
City Clerk
First Reading
Second Reading
MAYOR
5
ORD. NO. 19-06
MEMORANDUM
DA1E:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER rrrJ\
AGENDA ITEM # \ 0 E - REGULAR MEETING OF APRIL 4. 2006
ORDINANCE NO. 20-06 (SECOND READING/SECOND PUBLIC
HEARING)
MARCH 31, 2006
TO:
FROM:
SUBJECT:
This Ordinance is before Commission for second reading and second public hearing for a City
initiated amendment to the Land Development Regulations (LOR) Section 4.1.4, "Use of Lots of
Record" .
The Ordinance amends Section 4.1.4, "Lots of Record" to permit the use of 40 foot lots of record
and to allow a minimum of five feet side setbacks if necessary to accommodate designs that are set
forth on Pages 25-31 of Ordinance 18-06. Other amenities are also required such as front porches
and other architectural features.
The Family/Workforce Housing Ordinance, adopted by the Commission on December 6, 2004,
includes incentives to provide workforce housing by allowing density bonuses within the Southwest
Neighborhood Overlay District. The program is being expanded to provide additional
opportunities and incentives for the provision of workforce housing. Additional information can be
found in the attached Planning & Zoning memo.
On February 27, 2006, the Planning and Zoning Board held a public hearing in conjunction with the
request. There was one member of the public that spoke in support of the amendment.
After reviewing the staff report, the Board voted 7-0 to recommend that the request be approved by
adopting the findings of fact and law contained in the staff report, finding that the request is
consistent with the Comprehensive Plan, and finding that the request meets the criteria set forth in
Land Development Regulations (LOR) Section 2.4.5(M) (Amendment to Land Development
Regulations).
Recommend approval of Ordinance No. 20-06 on second and final reading.
S:/City Clerk/ Agenda Memos/Ord 20-06 Workforce Housing 4.1.4 040406
TO:
FROM: CTOR OF PLANNING AND ZONING
SUBJECT: MEETING OF MAR 21, 2006
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDRs) ARTICLE 4.7 "FAMILY WORKFORCE
HOUSING", SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.5
"OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION
4.3.4(J} "HEIGHT", SECTION 4.4.13(1} "PERFORMANCE STANDARDS" AND
SECTION 4.1.4 "USES OF LOTS OF RECORD", PROVIDING A REQUIREMENT
AND INCENTIVES FOR THE PROVISION OF WORKFORCE HOUSING.
The FamilylWorkforce Housing Ordinance, adopted by the City Commission on December 6,
2004, includes incentives to provide workforce housing by allowing density bonuses within the
Southwest Neighborhood Overlay District. The proposed amendments to the Land
Development Regulations are related to revisions in the City's Workforce Housing Program.
The program is being expanded to provide additional opportunities and incentives for the
provision of workforce housing. Major revisions to the program include the following:
1. Establishment of an additional workforce housing overlay district known as the Infill
Workforce Housing Area. This area includes the Swap Shop property on North Federal
Highway (zoned General Commercial) and all RM zoned property, east of 1-95 that does
not lie within the coastal high hazard area. A maximum density of 18 units per acre is
permitted in this area through density bonuses for the provision of workforce housing.
2. An increase in the maximum density from 12 units per acre to 24 units per acre within the
Carver Estates Overlay District through density bonuses for the provisions of workforce
housing.
3. References to the newly created Delray Beach Community Land Trust have been added.
Lump sum payments for units under the Density Bonus Program are to be paid to the
Trust.
4. The time which units are to remain affordable has been increased from 30 to 40 years.
The above four items are addressed primarily through revisions to LDR Article 4.7
"FamilylWorkforce Housing." LDR Section 4.5 "Overlay and Environmental Management
Districts" was modified to add the new Intill Workforce Housing Area to the list of overlay
districts and revisions were made to the Section 4.4.6 "Medium Density Residential (RM)
District" and Section 4.4.9 "General Commercial (GC) District" regulations to allow
developments with a density greater than 12 units per acre within this area. Additional
modifications were made to the RM zoning district regulations to allow relaxed development
standards within the infill Workforce Housing Area and Carver Estates Overlay District for
developments which provide workforce housing.
\06
City Commission Documentation, March 21, 2006
FamilylWorkforce Housing Ordinances
5. Include an additional incentive to provide workforce housing units by allowing lots of record
between 40 feet and 50 feet to be developed for workforce housing.
This item is addressed through modification of LOR Section 4.1.4 "Use of Lots of Record" to
allow currently unbuildable lots of record with frontage between 40 and 50 feet to be
developed for workforce housing. The lots must be at least 4,000 sq. ft. in size, be located in
the R-1A, RL or RM zone districts, meet the applicable setbacks (side setbacks are reduced
to 5') and other development standards in the zoning district as well as meet typical designs
represented by sketches within LOR Article 4.7 "FamilylWorkforce Housing."
6. Requires workforce housing to be provided where increases in density are requested in the
CBD zone district.
This item is addressed through modification of LOR Section 4.4.13(1) "Performance
Standards." These performance standards must be addressed as part of the Conditional Use
process to allow development with a density in excess of 30 units per acre within the Central
Core area or in excess of 12 units per acre in the West Atlantic Neighborhood. Language has
been added which requires developments to provide 20% of the additional units (above 30
units per acre) as workforce housing units, divided equally between low and moderate income
levels.
7. Requires workforce housing to be provided in cases were increases in height are
requested.
This item is addressed through modification of LOR Section 4.3.4.(J) "Height.". This section
deals with requirements which must be addressed to increase height above 48 feet. Language
has been added to require developments which increase the intensity by adding an additional
floor to provide workforce housing. At least 20% of the additional residential units must be
divided equally between low and moderate income levels.
The Planning and Zoning Board considered the proposed ordinances at their meeting of Februal)' 27,
2006. There was one member of the public that spoke in support of the amendment and after reviewing
the staff report, the Board voted 7 to 0 to recommend approval of the related ordinances.
By motion approve on first reading Ordinance Nos. 16-06,17-06,18-06,19-06 and 20-06 which
implement City-initiated amendments to Article 4.7 "Family Workforce Housing", Section 4.4.6
"Medium Density Residential (RM) District", Section 4.4.9 "General Commercial (GC) District",
Section 4.5 "Overlay and Environmental Management Districts", Section 4.3.4(J) "Height", Section
4.4.13(1) "Performance Standards", and Section 4.1.4 "Uses Of Lots Of Record" of the Land
Development Regulations, by adopting the findings of fact and law contained in the staff report and
finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(M) of the Land Development Regulations.
Attachment:
. Proposed Ordinances
2
Rev. 3/14106
ORDINANCE NO. 20-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES BY AMENDING CHAPTER 4 "ZONING
REGULATIONS", SECTION 4.1.4, "USE OF LOTS OF
RECORD", BY ENACTING A NEW SUBPARAGRAPH
4.1.4(D), TO PROVIDE FOR THE USE OF LOTS OF
RECORD OF AT LEAST 40 FEET FOR THE
CONSTRUCTION OF WORKFORCE HOUSING UNITS AS
LONG AS THE DESIGNS CONFORM TO CERTAIN
PLANS; PROVIDING A GENERAL REPEALER CLAUSE; A
SAVINGS CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to encourage the development
of Workforce Housing; and,
WHEREAS, as long as certain designs are used, some lots of 40 feet that
are not normally buildable are encouraged to be used for the development of Workforce
Housing;
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board reviewed the proposed text amendment at a public hearing held on February 27,
2006 and voted 7 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and
Zoning Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the
findings in the Planning and Zoning Staff report; and
WHEREAS, the City Commission of the City of Delray Beach finds the
ordinance is consistent with the Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Section 4.1.4, "Use of
Lots of Record" is hereby amended by enacting Subsection 4.1.4(D) to read as follows:
(D) Within the R-1-A, RL and RM zoninq districts. lots of record
havinq at least forty (40) feet of frontaqe may be used for Workforce Housinq, as lonq
as the workforce housinq unit meets the typical desiqns represented by the sketches set
forth in Section 4.7.12(a), the lot is a minimum of 4,000 square feet and conforms to
setbacks: provided, however the minimum side setback may be reduced to a minimum
five feet (5') if necessary to accommodate the desiqns set forth in Section 4.7.12(a) and
meets other development standards in the zoninq district. The Workforce Housinq unit
on a lot with frontaqe as herein described must include rear access via an alley. if
available. The unit must also contain desiqn features such as, but not limited to, front
porches, eyebrows, outriqqers, qables, dormers, arbors, trellises, shutters, balconies,
decorative vents, sidinq, textured stucco finishes, undulatinq facades and other such
appropriate architectural features.
Section 2. That all ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed.
Section 3. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid.
Section 4. That this ordinance shall become effective upon its passage
on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 2006.
ATTEST:
City Clerk
MAYOR
First Reading
Second Reading
2
Ord.20-06
cI<
z;l1
FROM:
D~R~ tJlANAGER
PAUL ~G, <:JCTOR OF PLANNING AND ZONING
AMY ~REZ, HISTORIC PRESERVATION PLANNER
TO:
THRU:
SUBJECT:
MEETING OF APRIL 4, 2006
CONSIDERATION OF A 6-MONTH MORATORIUM ON DEMOLITIONS,
ADDITIONS, AND NEW CONSTRUCTION IN THE CITY'S FIVE HISTORIC
DISTRICTS.
The action requested of the City Commission is the consideration to establish a six-month
moratorium on any new development proposals including demolitions except those properties
deemed unsafe, new construction over 2,000 square feet, and additions exceeding fifty-percent
(50%) of the existing total square footage within all five (5) of the City's historic districts.
Given recent concerns over the level and type of development affecting historic preservation
efforts within all five (5) of the City's historic districts, the City Commission, on March 6, 2006
supported the implementation of a six-month moratorium on any new development proposals
including, but not limited to, demolitions, new construction, and additions. Some development
actions could continue during the moratorium including demolitions of structures deemed
unsafe by the City's Chief Building Official, new construction if 2,000 square feet or less, and
additions not exceeding fifty-percent (50%) of the existing structures square footage. The
moratorium will not prevent the relocation of historic structures from other places, into any of
the districts nor apply to properties in any historic district zoned CF or CBD.
During the moratorium, Staff will work with residents within the five (5) historic districts to
establish an overlay district similar to that of the Beach Property Overlay Districts. This overlay
would place additional development regulations specific to each district, with the intent to
assure that all new development respects and is visually compatible with the surrounding
neighborhood character in terms of architectural style, scale, and massing. Possible solutions
could include the establishment of maximum lot coverage and floor area ratio, an increase in
the minimum required open space, reductions of maximum heights, and/or application of
additional setback requirements for all second-story elements. Current zoning districts located
within the historic districts include R-1-A and R-1-AA (Single-Family Residential), RO
(Residential Office), RL (Multi-Family Residential, Low Density), RM (Multi-Family Residential,
Medium Density), CF (Community Facility), CBD (Commercial Business District), and OSSHAD
(Old School Square Historic Arts District). The ordinance includes all zoning districts located
within a historic district with the exception of CF and CBD.
The Planning and Zoning Board reviewed the item at its March 20, 2006 meeting and
recommended approval of the moratorium as presented, by a vote of 7-0. The Board was in
\OV
City Commission Documentation, April 4, 2006
6-Month Moratorium in Historic Districts
Page 2
support of the moratorium date being retroactive to March 6, 2006, when the City Commission
first considered the item.
Approve the moratorium ordinance to establish a six-month moratorium on any new
development proposals including demolitions except those properties deemed unsafe, new
construction over 2,000 square feet, and additions exceeding fifty-percent (50%) of the existing
total square footage within all five (5) of the City's historic districts.
Prepared by: Amy E. Alvarez, Historic Preservation Planner
Attachments:
· Planning and Zoning Memorandum Staff Report, March 20, 2006
ORDINANCE NO. 14-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, ESTABLISHING A TEMPORARY BUILDING
MORATORIUM FOR ANY DEMOLITION AND DEVELOPMENT
PROPOSAL LOCATED IN ANY OF THE CITY'S FIVE HISTORIC
DISTRICTS FOR PROPERTIES NOT ZONED COMMUNITY
FACILITIES (CF) OR COMMERCIAL BUSINESS DISTRICT (CBD)
AND WHICH EXCEED CERTAIN SQUARE FOOTAGES, AND AS
FURTHER DEFINED HEREIN FOR A PERIOD OF SIX (6)
MONTHS FROM THE DATE OF ADOPTION OF THIS
ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA
COVERED; PROVIDING FOR THE DURATION OF
MORATORIUM; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has determined that the City's historic districts need
further protection and wishes to enact a six month moratorium on any demolition and/or
construction of new structures (greater than 2000 sq. ft.) or additions, where the addition exceeds
50% of the square footage of the existing structure; and
WHEREAS, the City needs a period of time in which City staff may work with the residents
of these districts in order to draft appropriate overlay guidelines to assure that future development
respects the surrounding neighborhood character in terms of architectural style, scale and
massing; and
WHEREAS, this zoning ordinance is adopted pursuant to the City's Home Rule Powers as
set forth in Florida Statutes Chapter 166; and
WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section
166.041 (3)(c); and,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on March 20, 2006, and voted 7 to 0 to
recommend that the moratorium be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, this moratorium is rationally related to the City's attempt to preserve its
historic district communities and the City will undertake a comprehensive review of its Land
Development Regulations; and
WHEREAS, the City Commission gave direction to City staff at its March 6, 2006
Commission meeting to draft a moratorium ordinance; and
WHEREAS, all development plans officially received by the City prior to March 6, 2006
shall be processed in accordance with the City's current LDR's.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. TEMPORARY BUILDING MORATORIUM. All activities relatinq to the
acceptance, review and action upon permit applications for the demolition and/or
construction of new structures (in excess of 2000 Sq. ft.) or additions, where the addition
exceeds 50% of the square footaqe of the existinq structure, are temporarily suspended in
order for the City of Delray Beach. throuqh its officials and staff. to have adequate time and
opportunity to develop additional development requlations specific to each district in order
to provide that future development would respect the surroundinq neiqhborhood character
in terms of architectural style, scale and massinq. Based upon the foreqoinq, there is
hereby imposed a temporary moratorium on the acceptance, review and action upon
permit applications for the demolition and/or construction of new structures (in excess of
2000 Sq. ft.) or additions, where the addition exceeds 50% of the square footaqe of the
existinq structure, located in any of the City's five historic districts. Durinq the time the
temporary moratorium is in effect. the City will accept no applications for permits for the
demolition and/or construction of new structures and additions located in the historic
districts.
Applications for new construction that propose a total buildinq area of 2000 square feet or
less shall be accepted and reviewed and may be constructed if the proiect is approved by
the Historic Preservation Board. This moratorium shall not have any effect on those
developments.
In the event that a structure is declared unsafe by the Chief Buildinq Official of Delray
Beach in accordance with Article 7.8 of the Land Development Requlations. then that
2
ORD. NO. 14-06
structure may be demolished and this moratorium shall not prevent the demolition of the
structure. In the event that a new structure is proposed for this same area, the new
structure must have a total buildinq area of 2000 Sq. ft.. or less, in order to be allowed to
proceed throuqh the City's development process while the moratorium is in effect. In the
event that a new structure is proposed with a total buildinq area qreater than 2000 Sq. ft.
the proposed development shall not be accepted for review until the moratorium has
expired.
This moratorium shall not prevent the relocation of historic structures, from other places,
into any of the City's historic districts, provided, that the relocation must still follow the
reqular development process.
The City shall not take in or accept any development applications or applications for
demolition, as provided above, after March 6, 2006.
Section 2. GEOGRAPHIC AREA COVERED. A temporary moratorium established in this
ordinance shall be effective in the five historic districts of the City of Delray Beach. which
are the Nassau Street District. Marina District. Del-Ida Park, Old School Square and West
Settlers District. as described in Section 4.5.1 (l) of the LDR's. However, this moratorium
does not affect property that is located in anyone of the five historic districts with a zoninq
desiqnation of Community Facilities (CF) or Central Business District (CBD).
Section 3. DURATION OF MORATORIUM. The temporary moratorium set forth in this
ordinance shall take effect immediately upon the effective date of this ordinance and shall
terminate six (6) months after the said effective date. The City will accept no applications
which are subiect to the moratorium until the moratorium has expired.
Section 4. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on
second and final reading.
3
ORD. NO. 14-06
PASSED AND ADOPTED in regular session on second and final reading on this _ day
of , 2006.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
4
ORD. NO. 14-06
....
.--c.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE:
MARCH 20, 2006
. \
AGENDA NO.:
IV. D
AGENDA ITEM:
CONSIDERATION OF A 6-MONTH MORATORIUM ON DEMOLITIONS,
ADDITIONS, AND NEW CONSTRUCTION IN THE CITY'S FIVE
HISTORIC DISTRICTS.
The item before the Board is that of making a recommendation to the City Commission on
establishing a six-month moratorium on any new development proposals including demolitions
except those properties deemed unsafe, new construction over 2,000 square feet, and
additions exceeding fifty-percent (50%) of the existing total square footage for all five (5) of the
City's historic districts.
Given recent concerns over the level and type of development affecting historic preservation
efforts within all five (5) of the City's historic districts, the City Commission, on March 6, 2006
supported the implementation of a six-month moratorium on any new development proposals
including, but not limited to, demolitions, new construction, and additions. Some development
actions could continue during the moratorium including demolitions of structures deemed
unsafe by the City's Chief Building Official, new construction if 2,000 square feet or less, and
additions not exceeding fifty-percent (50%) of the existing structures square footage. The
moratorium will not prevent the relocation of historic structures from other places, into any of
the districts nor apply to properties in any historic district zoned CF or CBD.
During the moratorium, Staff will work with residents within the five (5) historic districts to
establish an overlay district similar to that of the Beach Property Overlay Districts. This overlay
would place additional development regulations specific to each district, with the intent to
assure that. all new development respects and is visually compatible with the surrounding
neighborhood character in terms of architectural style, scale, and massing. Possible solutions
could include the establishment of maximum lot coverage and floor area ratio, an increase in
the minimum required open space, reductions of maximum heights, and/or application of
additional setback requirements for all second-story elements. Current zoning districts located
within the historic districts include R-1-A and R-1-AA (Single-Family Residential), RO
(Residential Office), RL (Multi-Family Residential, Low Density), RM (Multi-Family Residential,
Medium Density), CF (Community Facility), CBD (Commercial Business District), and OSSHAD
(Old School Square Historic Arts District). The ordinance includes all zoning districts located
within a historic district with the exception of CF and CBD.
The overlay guidelines could apply to one or more historic districts as deemed appropriate by
City Staff, Advisory Boards, Residents, and Commission.
A
Planning and Zoning Board Memorandum Staff Report, March 20, 2006
6-Month Moratorium in Historic Districts
Page 2
A review of the applicable policies and objectives in the Comprehensive Plan which would
support this action and its potential outcomes was conducted. The following objective and
policy were found.
.\
Housing Element Objective A-12.1, To assist residents of the City in maintaining and
enhancing their neighborhood environment, the City shall take steps to ensure that
modifications in and around the neighborhood do not lead to its decline, such as those
described in the following policy:
Housing Element Policy A-12.4 The City will provide planning and technical assistance to
implement neighborhood-supported initiatives aimed at preserving the character of existing
residential areas. Such assistance may involve the formulation of regulations that would limit
size and scale of new homes to be consistent with the existing structures within a defined
neighborhood, and analysis of the housing inventory to determine if the area qualifies for
designation as a historic district, and similar measures.
The implementation of the six-month moratorium and the ultimate creation of parameters which
will clarify what is deemed compatible development within each district will protect and preserve
the character of the historic districts and is in keeping with the goals of the Comprehensive Plan
as noted above.
Historic Preservation Board:
The Historic Preservation Board (HPB) reviewed the item at its March 15, 2006 meeting and
recommended denial of the moratorium ordinance as presented. Their main concern centered
on the effective date which is retroactive to City Commission's moratorium ordinance initiation
date of March 6, 2006. The Board felt they could support the moratorium, if its effective date
was the ordinance's second reading date, tentatively scheduled for April 18, 2006. Staffs
concerns with a delayed date is that it would result in a last minute rush of applications of
incomp_~tible structures which would then require staff review, board action and appeals of
those actions to City Commission. It is noted that with the exception of demolitions (except if
unsafe), new construction of similar sized structures (up to 2,000 sq. ft.), and additions of up to
50% of the existing structure can continued to be submitted and be considered by the Board
during the moratorium period.
The six-month moratorium is in response to recent development trends within the historic
districts of structures which are out of scale and massing with the character of the districts. The
moratorium will allow the creation of additional parameters that will assist developers in
determining what would be considered compatible within each district. The proposed
moratorium will provide the time to create these parameters consistent with and furthering the
Goals, Objectives and Policies of the Comprehensive Plan.
IV.D
Planning and Zoning Board Memorandum Staff Report, March 20, 2006
6-Month Moratorium in Historic Districts
Page 3
~
.~
Recommend approval of the moratorium ordinance to the City Commission establishing a six-
month moratorium on any new development proposals including demoliti91ls except those
properties deemed unsafe, new construction over 2,000 square feet, and additions exceeding
fifty-percent (50%) of the existing total square footage for all five (5) of the City's historic
districts.
Prepared by: Amy E. Alvarez, Historic Preservation Planner
Attachments:
. City Manager Memorandum to City Commission dated March 3, 2006
· City Commission Documentation dated March 6, 2006
· Proposed Ordinance 14-06
IV.D
City of Delray Beach
Memo
, ',\
To: City Commission
From: City Manager114
cc:
Date: March 3, 2006
Re: Historic Districts
I have become alanned that we are in danger of having our historic districts destroyed by
mansionization. On Wednesday the Historic Preservation Board approved the partial
demolition of an 1,100 square foot house in the Del Ida Park historic district at 711 N.
Swinton, and construction of an "addition" which will result in a total square footage for this
house of 4,275. At 527 N. Swinton, facing much opposition from neighbors, the Board
delayed a decision on a request to demolish a contributing structure and replace it with a new
house with detached garage and guest house totaling 4,600 square feet.
On March 15, the Historic Preservation Board will consider a request to build three houses on
the property on the west side of Seacrest between NE 6th Street and NE 7th Street with
square footages of 5.246, 5,452 and 5,009. The house fonnerty on these properties has
already been demolished. There is a fourth lot for which plans have not yet been submitted.
If six houses of this size are approved, I believe it will lead to the essential destruction of the
Del Ida Park Historic District. The historic rhythm and ambiance of the district. the historic
character of the buildings and the open space patterns around each house will all be lost.
The historic homes will be swallowed up and overwhelmed by the new mega houses being
built in the district.
While the City Attorney and I believe that our current code gives sufficient basis for denying
pennits for these homes as being incompatible with the historic district due to their size and
mass, the Historic Preservation Board is of the opinion that they do not have such power, and
have requested specific guidelines further limiting Floor Area Ratio, lot coverage, building
height and required green space. Therefore, I strongly recommend that the Commission
direct the Planning and Zoning Commission to consider a moratorium on any further
demolitions and large scale construction in all our historic districts for six months to allow staff
to work with the residents of these districts and develop further appropriate limitations on
development in these districts to protect their essential historic character.
~
1
err
N~S$IO~ Q6cn~f!Ji~
- ...,~.,._; . ,".
SUBJECT:
Df'r~ DE
PAUL DORLlNG RECTOR OF PLANNING AND ZONING
AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNE@
MEETING OF MARCH 6, 2006
REQUEST TO CONSIDER A SIX-MONTH MORATORIUM OF NEW
DEVELOPMENT PROPOSALS LOCATED PARTICULARLY IN THE DEL-IDA
P ARK HISTORIC DISTRICT AND/OR ALL OTHER HISTORIC DISTRICTS.
TO:
THROUGH:
FROM:
Given recent concerns over the level and type of development affecting historic preservation
efforts within all five (5) of the City's historic districts, but more particularly the Del-Ida Park
Historic District, it has been suggested that the City Commission consider a six-month
moratorium of any new development proposals including, but not limited to, demolitions, new
construclion, and additions. During this time, Staff will work with the residents of the Del-Ida
Park Historic District as well as the four other districts to establish an overlay district similar to
that of the Beach Property Overlay Districts, which would place additional development
regulations specific to each district, assuring that all new development respects the surrounding
neighborhood character in terms of architectural style, scale, and massing.
Possible solutions could include the establishment of a maximum lot coverage and floor area
ratio, an increase in the minimum required open space, and application of additional setback
requirements for all second-story elements. Current zoning districts located within the Del-Ida
Park Historic District include R-1-M (Single-Family Residential), RO (Residential Office), and
Rl (Multi-Family Residential, low Density), all of which have a building height limit of thirty-five
feet (35') and a minimum open space requirement of twenty-five percent (25%). The R-1-M
zoning district requires a minimum lot size of 9,500 square feet and a minimum floor area of
1,200 square feet, while the RO and Rl zoning districts require a minimum lot size of 8,000
square feet with a maximum lot coverage of forty percent (40%). Zoning designations in the
other historic districts include R-1-A and R-1~M (Single-Family Residential), RM (Multi-Family
Residential, Medium Density), CF (Community Facility), CBD (Commercial Business District),
and OSSHAD (Old School Square Historic Arts District).
The overlay guidelines could apply to one or more historic districts as deemed appropriate by
City Staff, Advisory Boards, Residents, and Commission. If the Commission supports this
initiative, an ordinance must be prepared, advertised, and considered by the Historic
Preservation Board and Planning and Zoning Board and approved by City Commission.
Recommend processing an ordinance to establish a six-mouth moratorium on any new
development proposals including, but not limited to, demolitions, new construction, and
additions for all five (5) of the City's historic districts.