Ord 21-06
(
!
ORDINANCE NO. 21-06
AN ORDINANCE OF THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, AMENDING THE
CIlY'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 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.
WHEREAS, pursuant to IDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on April 17, 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 does
further the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Dekay Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Dekay Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, the State of Florida is taking action to encourage the acquisition of emergency
generators via Senate Bills 528, 530 and 85; and
WHEREAS, the City desires to encourage the acquisition of emergency generators by
service stations, grocery stores, kidney dialysis centers, pharmacies, residential buildings with
elevators and club houses within private communities in order to prepare for the upcoming
hurricane season.
NOW, THEREFORE, BE IT RESOLVED BY THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, AS FOllOWS:
Section 1. That Section 2.4.3(K)(3)(s) of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby enacted to read as follows:
(s) All service stations. grocery stores. kidney dialysis centers. pharmacies. residential
buildings with elevators. country clubs and/or clubhouses in residential communities
shall be permitted to install generators and all appurtenances related to generators
including fuel storage areas and screening and all permit fees for installation shall be
waived.
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.
final reading.
\ ~ ~ PASSED AND .ADOPTED by the City Commission of the City of Delray Beach this the
day of ~ ,2006.
That this ordinance shall become effective upon its passage on second and
~o~~
ATIEST:
~--~~.~
3~~~c
City Clerk
First Reading
Second Reading
2
ORD. NO. 21-06
MEMORANDUM
TO:
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER 0'f1/1
AGENDA ITEM # \ 6~ - REGULAR MEETING OF APRIL 18. 2006
ORDINANCE NO. 21-06
SUBJECT:
DATE:
APRIL 14,2006
This ordinance is before Commission for second reading and public hearing to amend 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.
At the first reading on March 17,2006, the Commission passed Ordinance No. 21-06.
Recommend approval of Ordinance No. 21-06 on second and final reading.
S:\City Clerk\agenda memos\Ord. No. 21-06 Generator 041806
\05
MEMORANDUM
TO:
FROM:
MAYOR AND CIlY COMMISSIONERS
CITY MANAGER t01
AGENDA ITEM # \ ~ A. - REGULAR MEETING OF MARCH 21, 2006
ORDINANCE NO. 21-06
SUBJECT:
DATE:
MARCH 17, 2006
This ordinance is before Commission for first reading to amend 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 attached memo from Chief Koen provides additional information.
Recommend approval of Ordinance No. 21-06 on first reading.
S:\City Clerk\agenda memos\Ord. No. 21-06 Generator 032106
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FIRE-RESCUE DEPARTMENT
, ~, J<
Hi"fll_AND BEACH
DELRAY BEACH
~
All-America City
11111! MEM ORANDUM
1993
2001 To:
David T. Harden, City Manager
From: Kerry B. Koen, Fire Chief
Subject: Incentives for Installation of Generators
Date: March 17, 2006
The Monday edition of a local newspaper reported on Publix's initiative to invest
approximately 100 Million Dollars to equip a large number of their stores in storm prone
areas with auxiliary generators capable of supporting refrigeration, freezer units and other
support functions to provide the public access to essentials following a hurricane or
similar event. Obviously, this voluntary action at the corporate level could be helpful in
our community as supermarkets were one of the occupancy groups that we had identified
during the January 10, 2006 workshop with the City Commission related to expanded
auxiliary power requirements.
The Commission also asked that we explore incentives which might encourage
business owners to move forward with installations of generators and fuel supplies. To
that end, I would like to recommend that the City Commission consider an Ordinance
which would allow the City Administration to "waive" building permit fees related to the
installation of generators, fuel tanks and appurtenances in occupancies which we
discussed. In this way, the City would be sending the business community a very
positive signal that we are willing to join with them in providing critical services at a time
of major need.
I recommend that the attached Ordinance be presented to the City Commission at
the earliest possible time for consideration. If this is viewed favorably by the City
Commission, I suggest that we quickly notify Publix and other affected business and/or
residential groups to advise them of the City's action in support of their efforts.
Separately, drafts of several ordinances are being prepared by the City Attorney's
Office related to future requirements for generators in critical facilities, but that action
FIRE.F1ESC'UF DE Pt>.Fr!H I ! Ijr'/V)O!J\f1Tt '<,: .
,~\TrJi! . DEI Hi\'/ cOf,/\::H H URIDA 33444
may take some time as we will need considerable input from the potentially affected
users.
,/~~,,- ,
Kerry B. Koen
Fire Chief
Coordinator of Emergency Services
KBK/mlb
Attachments:
CC: Lula Butler, Director of Community Improvement
Larry Schroeder, Chief of Police
John Tomaszewski, Asst. Fire Chief
William Adams, Asst. Fire Chief
Dale Sugerman, Town Manager - Highland Beach
William Thrasher, Town Manager - Gulf Stream
Bill Wood, Greater Delray Beach Chamber of Commerce
1>
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
-'1;(; NW Isl AYFI\i.1 .; 1<.:\\' BEACH, FLORIDA 33444
l! '. 1.1'1IO"iE: :)() 1 j.2i '! . 1.\CSrMILE: 50 [/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
F LOR I D ^
lIIe.d
All-America City
, III I! ~:TE
1993
2001
MEMORANDUM
March 17,2006
Mayor and City Commissioners
David T. Harden, City Manager
Chevelle Nubin, City Clerk
~
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Ordinance waivinq permit fees for certain businesses wantinq to
install qenerators.
Attached please find an ordinance proposing to waive the permit fees for
generators. I believe that Chief Koen will be sending a cover memo separately
regarding this ordinance.
Please contact me at 243-7090 if you have any questions. Thank you.
TCB: smk
Attachment
ORDINANCE NO. 21-06
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 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.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on and voted to to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.317 4( 4)( c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and does
further the goals, objectives and policies ofthe 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, the State of Florida is taking action to encourage the acquisition of
emergency generators via Senate Bills 528, 530 and 85; and
WHEREAS, the City desires to encourage the acquisition of emergency generators by
service stations, grocery stores, kidney dialysis centers, phannacies, residential buildings with
elevators and club houses within private communities in order to prepare for the upcoming
hurricane season.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2.4.3(K)(3)(s) of the Land Development Regulations of the City
of Del ray Beach, Florida, be, and the same is hereby enacted to read as follows:
(s) All service stations. grocery stores. kidney dialysis centers. pharmacies.
residential buildings with elevators. country clubs and/or clubhouses in residential
communities shall be permitted to install generators and all appurtenances related
to generators including fuel storage areas and screening and all permit fees for
installation shall be waived.
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.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the
day of , 2006.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
2
ORD. NO. 21-06
Publix to install backup power so customers can get ice, fresh food after hurricanes: Sout... Page 1 of 3
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Publix to install backup power so customers
can get ice, fresh food after hurricanes
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By Jaciyn Giovis
South Florida Sun-Sentinel
Posted March 14 2006
Publix Super Markets on Monday unveiled a
$100 million plan to install powerful backup
generators in South Florida stores to avoid the
food shortages and long lines that plagued
stores after Hurricane Wilma.
The Lakeland-based company's announcement
also came with a plea to the region's
municipalities: Speed up the permit process
necessary to carry out the large-scale effort.
With the official start to hurricane season less
than three months away, Publix executives say
they cannot put the plan into place until the
paperwork is complete and hope area
governments won't drag their feet.
By July, Publix expects to have a third of its
stores equipped with the backup system,
including some in Broward and Palm Beach
counties, as long as permits are approved.
"We have a plan," said Maria Brous,
spokeswoman for Publix. "But in order to make
our plan a reality, we need all of the
municipalities to expedite their permitting
process. "
Overall, the chain plans to install 400
stationary and mobile generators at hurricane-
prone store locations, as well as 175 quick-
connecting docking stations for stores in
lower-probability hurricane areas. The project
already is under way and focuses on stores
along the southeast and southwest coasts of
Florida, the Florida Panhandle, coastal Georgia
and South Carolina.
PHOTO
Marcia HeroL
BUSINESS STI
Publix prepares for the Kathy Kristo!
upcoming hurricane season PERSONAL FI~
See larger image COLUMNIST
(Sun-Sentinel file photo/Joe
Cavaretta) Joyce Lain Kl
Mar 14, 2006 CAREERS NOV
em Publix get
penerators
Find the best
deals at sto
http://www.sun-sentine1.com/business/local/sfl-zpublix 14mar 14,0,7165 58.story?track=mo... 3/15/2006
Publix to install backup power so customers can get ice, fresh food after hurricanes: Sout... Page 2 of 3
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The generators would allow the company to
operate its produce, meat, dairy and frozen
food departments, which are only partially
served by the existing generator systems.
That means high-demand items such as ice
and milk would be available to customers.
The permanent, SOO-kilowatt generators would
have automated turn-on sensors, along with a
double-lined fuel tank that holds 1,000 gallons
of diesel fuel. That could keep stores operating
even throughout prolonged power outages.
"These generators are the answer to making
perishable items available directly following a
hurricane," Brous said, noting that Publix lost
more than $60 million after the four hurricanes
of 2004.
Immediately after Hurricane Wilma in October,
the vast majority of South Florida grocery
stores and gas stations were shut down and
without power. Food, water and ice were
scarce.
As power slowly was restored, residents
flocked to stores, waiting in line for hours only
to encounter barren shelves.
The situation has since spurred action from
other retailers and was the impetus for
statewide legislation that, if approved, would
require gas stations to have backup
generators.
After Wilma barreled through South Florida,
Kathy Kuhns of Cooper City shared her
generator with three neighbors and turned her
front yard into a picnic area, allowing people
without power to cook meals and grill hotdogs
and hamburgers.
It's a great idea, she said, for stores such as
Publix to have powerful generators.
"Common sense and logic would tell you this is
a smart move," Kuhns said. "I'm sure a lot of
people will be happy about it."
you'
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Publix said it expects to have all of its installations in place by July
2007. To date, Publix has submitted 44 permit applications in various
areas statewide, and just over half have been approved.
The grocer's plans encompass 72 stores in Broward County, 71
stores in Miami-Dade County, and three stores in Monroe County. It
http://www.sun-sentine1.com/business/local/sfl-zpublix 14mar14,0, 716558.story?track=mo... 3/15/2006
Publix to install backup power so customers can get ice, fresh food after hurricanes: Sout... Page 3 of 3
also includes a portion of Palm Beach County's 72 stores.
The Miami-Dade County Commission has committed to helping the
grocery store chain get through the approval process quickly.
Municipalities in Monroe County and the Florida Panhandle already
have had permits approved, Brous said. In the coming weeks, Publix
plans to apply for permits in Broward and Palm Beach counties.
"The inspectors are overloaded right now because they have so many
permits that they're falling further and further behind," said David
Johnston, president of Americas Generators, a Miami-based company
that manufactures and distributes generators to homes and
businesses.
He said the permit process is taking between two and six months in
parts of South Florida.
Businesses that have not ordered their generators are not likely to
get one this year, he said, noting the larger generator manufacturers
are inundated with orders they can't fill for another 100 to 420 days.
Staff Writer Thomas Monnay contributed to this report.
Jaclyn Giovis can be reached at jmgiovis@sun-sentinel.com or 954-
356-4668.
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Date: March 17.2006
AGENDA ITEM NUMBER: \ ~,
AGENDA REOUEST
Request to be placed on:
_ Consent Agenda
X Regular Agenda _ Workshop Agenda _ Special Agenda
When: March 21. 2006
Description of agenda item (who, what, where, how much):
Consideration of an Ordinance authorizing the waiver of building permit fees for the
installation of auxiliary power generators and fuel systems in critical use groups and
occupanc1es.
Recommendation: Adopt the Ordinance.
Department Head Signature: Y ~ ~ L
City Attorney Review/Recommendation (if applicable):
r
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: 61 No Initials: o1v1
Hold Until:
Agenda Coordinator Review:
Received:
C,C' Cttto/~l1e.
www.bocanews.com . Boca Raton/Delray Beach News - Friday/Saturday, April 7-8, 2006 37
CITY OF DELRAY BEACH. FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING win be held on
the following proposed ordinance al
7:00 p.m. on TUESDAY, APRIL 18,
2006 {or at any continuation of such
meeting. which is set by the
CommiSSIon), in the aty Commission
Charrbers. 100 N.W. 1st Avenue, Del-
ray Beach, Rorida,. at which time the
City Commission will consider its
adoption. The proposed ordinance
may be inspected at the Office of the
City Clerk at City Hall, 100 N,W 1st
Avenue, Delray Beach, Florida, be-.
tween the hours of 8:00 a.m. and 5:00
p.m. Monday through Friday, except
holidays. All interested parties are in-
vited to attend and be heard with re-
spect to the proposed ordinance.
ORDINANCE NO. 21-116
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH. FLORIDA. AMENDING THE
CITY'S LAND DEVELOPMENT REG-
ULATIONS BY AMENDING SECTION
2.4.3iK)(3). -PERMIT FEES', IN OR-
DER TO ENACT A NEW SUBSEC-
TION (S) TO PROVIDE THAT ALL
PERMIT FEES REGARDING IN-
STALLATION OF GENERATORS
AND ALL APPURTENANCES RE-
LATED TO GENERATORS INCLUD-
ING FUEL STORAGE AREAS AND
SCREENING FOR ALL SERVICE
STATIONS, GROCERY STORES.
KIDNEY DIALYSIS CENTERS,
PHARMACIES, RESIDENTIAL
BUILDINGS WITH ELEVATORS,
COUNTRY CLUBS AND CLUB-
HOUSES WITHIN RESIDENTIAL
COMMUNITIES SHALL BE WAIVED;
PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE. AND
AN EFFECTIVE DATE.
Please be advised that it a person de.
cides to appeal any decision made by
the City Commission with respec1 to
any mailer considered at these hear.
ings. such 'person may need to ensure
that a verbatim record includes the
testimony and evidence upon which
Ihe appeal is 10 be based. The City
does. not provide nor prepare' such
record. Pursuant to F.S. 286.0105.
CITY OF OELRAY BEACH
Chevelle o. Nubin
CilyCler1<
PubliSh: Friday. Aprill. 2006
Boca RatonlDeh'ay Beach News