08-01-06 Agenda Reg
City of Delray Beach
Regular Commission Meeting
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RULES FOR PUBLIC PARTICIPATION
Tuesday. August 1.2006
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:
. NONE
6. PROCLAMATIONS:
A. NONE
7. PRESENTATIONS:
A. NONE
8. CONSENT AGENDA: City Manager Recommends Approval.
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 July 20, 2006.
B. ACCEPTANCE OF RIGHT-OF-WAY DEED/SLOAN HAMMOCK
PROJECT: Approve and accept a right-of-way deed associated with the Sloan
Hammock Project, located along the east side of the property and adjacent to S.E. 7th
Avenue.
C. ACCEPTANCE OF RIGHT-OF-WAY DEED/SW 14TH AVENUE
TOWNHOMES PROJECT: Approve and accept a right-of-way deed associated
with the SW 14th Avenue Townhomes Project, located along the east side of the
property and adjacent to the alley.
D. ACCEPTANCE OF RIGHT-OF-WAY DEED/LAFRANCE HOTEL
PROJECT: Approve and accept a right-of-way deed associated with the LaFrance
Hotel Project, located along the west side of the property and adjacent to the alley.
E. FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
(FRDAP) GRANTS/BEXLEY TRAIL COMMUNITY AND EAGLE PARKS:
Authorization to apply for grants from the Florida Recreation Development Assistance
Program (FRDAP) in the amount of $200,000.00 for Bexley Trail Community Park and
in the amount of $200,000.00 for Eagle Park for the development of both parks.
08-01-2006
- 2 -
F. CLOSEOUT/CHANGE ORDER NO. 3/FINAL PAYMENT/RANGER
CONSTRUCTION INDUSTRIES. INC.: Approve Change Order No. 3 in the
amount of $2,500.00 and final payment in the amount of $70,143.41 to Ranger
Construction Industries, Inc. for the completed 2005 Street Resurfacing Project.
Funding is available from 334-3162-541-61.17 (General Construction Fund/Street
Reconstruction).
G. CHANGE ORDER NO. 2/CHAZ EOUIPMENT. INC.: Approve Change Order
No.2 in the amount of $47,750.00 to Chaz Equipment, Inc. for the emergency repair of
a 10" sanitary sewer main at Lift Station #84 in the High Point Subdivision. Funding is
available from 442-5178-536-63.51 (Water/Sewer Renewal and Replacement
Fund/Sewer Mains).
H. CORRECTION/ HOUSING REHABILITATION GRANT/CONTRACT
AWARD: Approve a correction to the Housing Rehabilitation Grant/Contract Award
which was incorrecdy listed (typo) on the May 2, 2006 Commission Agenda as being
available in the State Housing Initiatives Partnership (SHIP) Program instead of the
Community Development Block Grant (CDBG) Program. The account number 118-
1963-554-49.19 was correct.
I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 24, 2006 through July 28,2006.
J. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Duraclean, Inc. in the amount of $50,281.00 for water
damage and microbial remediation at the north wing of City Hall and the
Municipal Golf Course Clubhouse. Funding is available from 551-1575-591-
45.50 (Insurance/Property Claims).
2. Bid award to Boyd S. Boggess in the amount of $16,840.00 for the replacement
of all 4 x 12 beams on the arbor at Veterans Park. Funding is available from
001-4131-572-63.40 (General Fund/Recreational Improvements).
K. AMENDMENT NO. 1/TRI-PARTY OPERATING
AGREEMENT /MIRACLE LEAGUE FIELD: Approve Amendment No.1 to the
Tri-Party Operating Agreement between the City, Miracle League of Dekay Beach, Inc.
and Anthony V. Pugliese, III, regarding the insurance requirements for the Miracle
League Field at Miller Park.
9. REGULAR AGENDA:
A. CONDITIONAL USE REOUEST /SEAGATE BEACH CLUB: Consider a
request to allow the partial demolition and reconstruction of a new private beach club,
the Seagate Beach Club, with attendant recreational, dining, and related accessory
facilities, within the RM (Medium Density Residential) zoning district, located on the
east side of South Ocean Boulevard, south of Casuarina Road (400 South Ocean
Boulevard). (Quasi-Judicial Hearing)
08-01-2006
- 3 -
B. APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/SEAGATE BEACH CLUB: Consider an appeal of the Site Plan
Review and Appearance Board's decision regarding the Seagate Beach Club, located on
the east side of Ocean Boulevard, south of Casuarina Road. (Quasi-Judicial Hearing)
C. REOUEST FOR VALET OUEUE/SAKI ROOM: Consider a request from the
Saki Room to establish a valet parking queue to be located on the 400 Block of West
Atlantic Avenue.
D. LEASE AGREEMENT /GTP ACOUISITION PARTNERS II, LLC: Consider
approval of a Lease Agreement between the City and GTP Acquisition Partners II,
LLC, which provides that the City shall lease an 80' x 80' square parcel to GTP allowing
them to place a communications tower on the parcel, located near the City's
maintenance shed at the municipal golf course.
E. RESOLUTION NO. 52-06: Consider approval of Resolution No. 52-06 authorizing
the execution of an interlocal agreement with the City of Boca Raton regarding the
coordinated opposition to Palm Beach County's funding of county-wide Fire-Rescue
and dispatch services.
F. PROPOSED MILLAGE RATE: Consider approval of a proposed millage rate for
FY 2007, and set the budget review and adoption schedule.
G. PUBLIC COMMENTS/FY 2007 PROPOSED BUDGET: The City Commission
will hear public comments, if any, regarding the FY 2007 Proposed Budget at this time.
H. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular
members for two (2) year terms ending July 31, 2008 and one (1) student member for a
one (1) year term ending July 31, 2007 to the Education Board. Based upon the
rotation system, the appointments will be made by Commissioner Levinson (Seat #3),
Commissioner Ellis (Seat #1), and Commissioner Fetzer (Seat #2).
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 38-06 (fIRST READING/TRANSMITTAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2006-1): Consider on first
reading an ordinance adopting Comprehensive Plan Amendment 2006-1 and associated
Future Land Use Map (FLUM) amendments, and authorize transmittal to the State
Department of Community Affairs. Amendment 2006-1 includes:
1. Text Amendments:
a. Future Land Use Element - Modification of Mixed Use Categories to add
a description for the new "Congress Avenue Mixed Use" designation,
including provisions for maximum densities and intensities, workforce
housing and a transit-oriented development overlay near the tri-rail
station; and to delete to description for the "Redevelopment Areas"
designation.
08-01-2006
- 4 -
b. Future Land Use Element - Amendment of Table L-7, Land Use
Designation/Zoning Matrix, to accommodate the new Congress Avenue
Mixed Use Designation.
c. Future Land Use Element - Modification of Policy A-7.2 to include the
provision of workforce housing in the Congress Avenue Mixed Use
designation and to support a privately initiated text amendment to allow
residential development within workforce housing overlay districts in the
CMR (Commerce) FLUM designation.
d. Future Land Use Element - Modification of Policy A-7.4 to increase the
time period for which workforce housing units, constructed under the
Family/Workforce Housing Program, shall remain affordable from 30-40
years.
e. Future Land Use Element - Modification of Policy A-2.4 to reflect
elimination of the potential for automobile dealerships between NE 5th
Street and George Bush Boulevard. This text amendment is privately
initiated in concert with the privately initiated O.c. Taylor Dealership
Future Land Use Map Amendment.
f. Future Land Use Element - Modification of the description of the
Commerce FLUM designation to include provisions for residential
development within a designated overlay district, subject to provision of
workforce housing. This text amendment is privately initiated in concert
with the Depot Road property Future Land Use Map Amendment.
2. Future Land Use Map Amendments:
. City and Privately Initiated Future Land Use Map amendment from GC
(General Commercial) to CC (Commercial Core) for the north Federal
Highway Area including 700 and 707 NE 6th Avenue (former O.c. Taylor
Dealership) with a combined total of 23.2 acres, located between NE 4th
Street and George Bush Boulevard and extending from the FEC Railroad to
approximately % block east ofNE 6th Avenue. (Quasi-Judicial Hearing)
. City Initiated Future Land Use Map amendment from TRN (Transitional) in
part, CMR (Commerce) in part, CF (Community Facilities) in part and GC
(General Commercial) in part to CMU (Congress Avenue Mixed Use) for
225.5 acres, generally located south of West Atlantic Avenue to the L-38
Canal, between Congress A venue and the CSX Railway and including the
Congress Park, Congress Park South and Office Depot developments
located on the west side of Congress Avenue. (Quasi-Judicial Hearing)
08-01-2006
- 5 -
. City Initiated Future Land Use Map amendment from County MR-5
(Medium Density Residential 5 units per acre) to City MD (Medium Density
Residential 5-12 du/ac), for an area comprising 3.18 acres, located on the
west side of Barwick Road, north of the L-31 Canal, adjacent to the Bexley
Park Subdivision. (Quasi-Judicial Hearing)
. Privately Initiated Future Land Use Map amendment from IND (Industrial)
to CMR (Commerce) for the Depot Road property comprising 8.8 acres,
located north of West Atlantic Avenue between Depot Road and the CSX
Railroad. (Quasi-Judicial Hearing)
B. EAR TRANSMITTAL: Consider approval of the transmittal of the Evaluation and
Appraisal Report (EAR).
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:
A. ORDINANCE NO. 42-06: Amendment to Land Development Regulations (LDR)
Section 4.6.9(E)(3), "Location of Parking Spaces", relating to increases in the in-lieu
parking fees. If passed, a public hearing will be scheduled for August 15, 2006.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JULY 28, 2006
08-01-2006
- 6 -
~
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
CITY MANAGER
AGENDA ITEM # <6tt - REGULAR MEETING OF AUGUST 1,2006
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTION
SUBJECT:
DATE:
JULY 28, 2006
This is before the Commission to ratify the action taken by the South Central Regional Wastewater
Treatment and Disposal Board at their Quarter Annual Meeting on July 20, 2006. By a vote of 9 to
0, the SCRWTD Board approved the following:
. Authorization to modify the agreement with the Solid Waste Authority for the construction of
the biosolids processing and recycling facility by increasing SCRWTDB's portion by $345,152
for a new total of $6,696,835.00.
. Authorization to modify the agreement with Florida Water Environmental Associates to allow
NOAA to perform studies as summarized in FWEAUC-AOML Agreement #06-001 through
06-007 for an additional amount of $358,032.50.
. Authorization to expend up to $50,000.00 on miscellaneous items (soil and concrete testing;
permits; legal issues; equipment protection) for construction of Reclaim Expansion.
. Acceptance of the 2006/2007 Wastewater and Reclaim 0 & M budgets and Wastewater Repair
and Replacement expenditures.
. Authorization to establish wastewater user rate to cities for fiscal year 2006/2007 as follows:
Operations & Maintenance $0.8032/1,000 Gal
Reserves $0.1800/1.000 Gal
Total $0.9832/1,000 Gal
. Authorization to establish reclaim user rate to cities for fiscal year 2006/2007 as follows:
O&M
$0.260/1,000 Gal
. Acceptance of the 2006/2007 organizational chart and salary range revision.
Recommend ratification of the action approved by the SCRWTD Board on July 20, 2006.
S:\City Clerk\agenda memos\SCRWID Board Action of080t06
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 20, 2006
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on JULY 20,2006, by a vote of9-0, Authorization to modify our agreement with the
Solid Waste Authority for the construction of the biosolids processing and
recycling facility by increasing our portion by $345,152 for a new total of
$6,696,835.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Delray hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Delray Beach this_
day of , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
F:\docs\BdMtgs\Ratifs\Delray 071006.doc
AGENDA #0.3
AlVIENDlVIENT
TO
INTERLOCAL GO-~lER1'iMENT AGREEMENT
FOR
BIOSOLIDS PROCESSING AND RECYCLING
THIS AMENDl\1ENT, hereinafter called the "Amendment", is made and entered into
this ..Jc;day of jiAJI-1 ,2006 by and between the SOUTH CENTRAL REGIONAL
WASTEWATER TREATlVIENT AND DISPOSAL BOARD, an independent special
district of the State of Florida, hereinafter called the "Utility" or "SCRWWTDB", and
the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependant
special district created pursuant to Chapter 75-473, Laws of Florida, as amended,
hereinafter called the "Authority".
WITNESSETH
WHEREAS, the Utility and the Authority have previously entered inYf:u~Il Werlocal
Government Agreement for Biosolids Processing and Recycling dated ~, 2005,
(the "Agreement") for the development, construction, operation, and maintenance of a
Biosolids Processing Facility (BPF) to produce Biosolids Beneficial Reuse Products for
use in the commercial fertilizer industry; and
WHEREAS, the Utility and the Authority have agreed, together with other utilities, to
mutually contribute to the Capital Costs of said BPF; and
WHEREAS, the parties need to adjust the original Capital Costs as set out in the
Agreement and have therefore agreed to this Amendment.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
Utility and the Authority agree as follows:
1. The recitals set out above are true and are hereby incorporated herein.
2. Exhibit I (A & B) of the Agreement is hereby deleted in its entirety and
replaced by Amended Exhibit I (A & B) attached to this Amendment.
3. All other provisions of the Agreement remain unchanged and in full force
and effect.
IN WITNESS WHEREOF, the SOLID WASTE AUTHORITY OF PALM BEACH
COlJNTY, at a regular meeting thereof, by action of the Authority Board authorizing and
directing the foregoing to be adopted, has caused these presents to be signed by its
Executive Director, and its seal to be hereto affixed, and the SOU"TH CENTRAL
REGIONAL WASTEWATER TREAThIENT Ai'ID DISPOSAL BOARD has authorized
and caused the_execution of this Agreement, all as of the day, month, and year first above
written.
1
SOLID WASTE ALIHORITY OF
PALM BEACH COTJNTY:
WITNESSES:
Print name:
By:
John D. Booth, Executive Director
Pnnt name:
Approved as to Form and Legal Sufficiency:
By:
Counsel to the Authority
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD:
B~-~ Z ~
Chair
Approved as to Form and
Legal Sufficiency:
By: 1<~1J4 fV\
Board Attorney ---.
Approved as to Terms and Conditions:
/~~. I
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'B 09,. '.-.' ,. . .'!.2:iJ. ""..< f?(.f .
Y. ., . '. --- ~
.. '. ....'. .
Departme. Director
Approved by Authority Board on
, 2006, Item _
Approved by the Utility on -::1i<jj :J t) , 2006, Itemb>.- ':)
'"
...
AME~j)ED EXHIBIT-I
(South Central WWTP)
A) SlJMARY OF CAPITAL COSTS
B) LIST OF ORIGLNAL PARTICIPANTS AND SHARES
A) Summary of Capital Costs
Project Development
Right-of-Way Abandonment
Preliminary Design & Permitting
RFQIRFP
Grant Funding
Infrastructure Design & Construction
25,305
872,586
521,519
275,000
2,778,000
Sub Total
4,472,410
Project Capital Cost
Facility Construction
Technical Services During Construction
26,298,547
1,800,000
Sub Total
28,098,547
Total Development & Capital
32,570,957
Total Grant Funding
(3,225,000)
Subtotal
29,345,957
Contingency @ 5 % *
1,444,087
Total Net Capital Cost
30,790,044
SCRWWTP share= 21.75%
6,696,835
Less Prepaid
(156,000)
NetTotalDuefurSCR~TP
6,540,835
* Estimated to cover unexpected conditions or change orders; any excess to be returned to, or
shortfall billed to, Utility.
3
. .
AME~"'DED EXHIBIT-I
B) List of Original Participants and Shares
Min. Comt.=Minimum commitment based on delivery six days per week
1) Palm Beach County
Water Utilities Department
P.O. Box 16097
West Palm Beach, FL 33416-6097
Deputy Director: Ms. Leisha Pica
27.5% share Cap. Cost $8,467,262.
Min. Comt. 58 WTD 18,000 WTY
2) South Central Regional Wastewater
Treatment and Disposal Board
1801 North Congress Avenue
Delray Beach, FL 33445
Executive Director:
21.75% share
Min.Comt.
Mr. Robert J. Hagel, P.E.
Cap. Cost $6,696,835.
61 WTD 19,000 WTY
3) City Of Boca Raton
Utility Services Department
1401 Glades Road
Boca Raton, FL 33431
Director: Mr. Christopher Helfrich, P .E.
19.5% share Cap. Cost $6,004,058.
Min. Comt 58 WTD 18,250 WTY
4) Loxahatchee River Environmental Control District
2500 Jupiter Park Drive
Jupiter, FL 33458-8964
Executive Director:
10.50% share
Min. Comt.
Mr. Richard C. Dent
Cap. Cost $3,232,955.
30 WTD 9490 WTY
5) Solid Waste Authority/Seacoast
7501 North Jog Road
West Palm Beach, FL 33412
Facility Director: Mr. Patrick Carroll
20.75% share Cap. Cost $6,388,934.
Min. Comt. 56 WTD 17,520 VlTY
4
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 20, 2006
WHEREAS, the South Central Regional Wastewater Treatment and Disposal
Board did on JULY 20,2006, by a vote of 9-0, Authorization to modify our
agreement with Florida Water Environmental Associates to allow NOAA to
perform studies as summarized in FWEAUC-AOML Agreement #06-001
through 06-007 for an additional amount of $358,032.50.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Delray hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Delray Beach this _
day of , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
F:\docs\BdMtgs\Ratifs\Delray 071006.doc
AGENDA #F.2.c.3
Page I of2
Bob Ha9,!!
From:
To:
Sent:
Subject:
"Wilson-Davis, Lisa" <L Wilson Davis@ci.boca-raton.fl.us>
"Bob Hagel" <rhagel@scrwwtp.org>
Wednesday, June 21, 20065:33 AM
RE: South Central Breakdown of costs - you may want to sit down
Bob,
Thanks for faxing me the information on the upcoming studies for
South Central this morning. Below is a summary of the estimated
financial impact to South Central. Please check this over to make sure I
have it right.
Thanksl
#06-001 - FWEAUC - AOML: Delray Beach Outfall/Boynton Inlet Study -
$189.000.00 - 1=11"1'('0......'" "'" -e,,,,,,d
#06-002 - FWEAUC - AOML: The Design and Planning of a Coastal Studies
Program - $_gJl_Q1!)_Qo.A~g
#06-003 - FWEAUC - University of Miami: Nitrogen Isotope Studies of
Pollution on the Coastal Waters of Florida - $130.000.00
#06-004 - FWEAUC - Georgia Tech: Field Characterization of Stress Gene
Expression Patterns in Hermatypic Coral Exposed to Effiuents for
the Delray Beach Outfall- $50.000.00
#06-005 - FWEAUC - AOML: Extending NOAAlAOML's Plume Investigation
Capabilities - $]65.000.00
#06-006 - FWEAUC - AOML: Extending NOAAlAOML's Delray Beach
Outfall/Boynton Inlet Study - $146.000.00 -Ilc~' \\.~~..,,~.'
#06-007 - FWEAUC - AOML: Boynton-Delray Coastal Water Quality
MonitoringPlan-$179.750.00 - ""<oJ "'.r"'''''\
Studies #06-001, #06-006, and #06-007 will be funded in full by South Central:
$514,750.00 + $10,295.00 (2% administration fee to FWEAUC) = ..$.424.045.0g
_ ~~o~'t
Studies #06-002 through #06-005 will be funded as a shared cost of FACE ,:;:~~::i
members with South Central responsible for 1/8 the total ($545,000.00): '"o..~
$68,125.00 + $1,362.50 (2% administration fee to FWEAUC) = $69.487.50 -41\~OO ;:;~("r",,"-Q
.,[ j
Giving you a grand total of: 594 532.50 (189,000.00 + 47,500.00 =
$23~~9_0~Y invoiced an pal eaving a remaining balance
of:(J358.032.50. )
'- -~'
Lisa:M. Yvifson-1Javis
'Utifity Services 'Program Poflcy Coordinator
6/21/2006
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 20,2006
WHEREAS, the South Central Regional Wastewater Treatment and Disposal
Board did on JULY 20, 2006, by a vote of 9-0, Authorization to expend up to
$50,000 on miscellaneous items (soil and concrete testing; permits; legal
issues; equipment protection) for construction of Reclaim Expansion.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Delray hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Delray Beach this _
day of , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
F:\docs\BdMtgs\Ratifs\Delray 071006.doc
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 20, 2006
WHEREAS, the South Central Regional Wastewater Treatment and Disposal
Board did on JULY 20,2006, by a vote of 9-0, accepted of our 2006/2007
Wastewater and Reclaim O&M budgets and Wastewater Repair and
Replacement Expenditures.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Delray hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Delray Beach this _
day of , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
F:\docs\BdMtgs\Ratifs\Delray 071006.doc
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 20, 2006
WHEREAS, the South Central Regional Wastewater Treatment and Disposal
Board did on JULY 20, 2006, by a vote of 9-0, Authorization to establish
Wastewater User Rate to Cities for Fiscal Year 2006/2007 as follows:
TOTAL:
2006/2007
$0.8032/1,000 Gal.
$0.1800/1.000 Gal
$0.9832/1,000 GAL
Operations & Maintenance
Reserves
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Delray hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Delray Beach this _
day of , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
F:\docs\BdMtgs\Ratifs\Delray 071006.doc
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 20, 2006
WHEREAS, the South Central Regional Wastewater Treatment and Disposal
Board did on JULY 20,2006, by a vote of9-0, Authorization to establish
Reclaim User Rate to Cities for Fiscal Year 2006/2007 as follows:
Operations & Maintenance
2006/2007
$0.260/1,000 Gal.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Delray hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Delray Beach this _
day of , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
F:\docS\BdMtgs\Ratifs\Delray 071006.doc
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 20, 2006
WHEREAS, the South Central Regional Wastewater Treatment and Disposal
Board did on JULY 20,2006, by a vote of 9-0, Acceptance of 2006/2007
Organizational Chart and Salary Range Revision.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Delray hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Delray Beach this _
day of , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
F:\docS\BdMtgs\Ratifs\Delray 071006.doc
~~
[ITY DF DELRAY IEA[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
TELEP!-IC):'\E: 561 /243-70l)O . Fi\CSI'\lILE: 561/278-4755
DELRAY BEACH
Writer's Direct Line: 561/243-7091
F LOR I 0 ^
-..e.d
All-America City
, III I! DAm
1993 TO:
2001
MEMORANDUM
July 26, 2006
FROM:
City Commission
David Harden, City Manager
fh. ----
Brian Shutt, Assistant City Attorney
SUBJECT:
Acceptance of Right of Way Deed (Sloan Residence Addition)
This right-of-way is required from the property owner as a condition of the Sloan
Hammock project. The property owner will be giving the City a 5' strip of property along
the east side of the property and adjacent to SE 7th Avenue.
Our office requests that this item be placed on the August I, 2006 City Commission
agenda for a~ceptance.
Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Randal Krejcarek, City Engineer
~
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
PIN #
RIGHT-OF-WAY DEED
THIS INDENTURE made this ?b day of ~/'l ' 20Qft, between
SLOAN HAMMOCK OWNERS ASSOCIATION. with a mailing aodress of 106 SE 7TH Ave.
Delray Beach. FL 33483, as party of the first part and CITY OF DELRAY BEACH,
FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue,
Delray Beach, Florida 33444, as party of the second part.
WITNESSETH:
That said party of the first part, for and in consideration of the mutual promises
herein contained and other good and valuable consideration, does hereby grant, remise, release,
quit claim and convey unto the party of the second part, its successors and assigns, all right, title,
interest, claim and demand which the party of the first part has in and to the following-described
land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit:
See Exhibit "A" attached hereto.
This Deed is made for the purpose of giving and granting to the party of the
second part, its successors and assigns, a right-of-way and easement in and to said lands for
public highway, street, and public utility purposes and the maintenance thereof; and is made,
executed and delivered with the express understanding and condition that should the same ever be
discontinued or abandoned as a public highway or street, the title to same shall thereupon revert
to and revest in the party of the first part or assigns, except that the easement for public utility
purposes shall remain until released.
That this right-of-way shall be subject only to those easements, restrictions, and
reservation of record. The party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect
no building or effect any other kind of construction or improvements upon the above-described
property.
Party of the first part does hereby fully warrant the title to said land and will
defend the same against the lawful claims of all persons whomsoever claimed by, through or
under it, that it has good right and lawful authority to grant the above-described right-of-way and
that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits,
the same shall include the successors or assigns of the parties.
TO HAVE AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right,
title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the
only proper use, benefit, and behalf of the said party of the second part, its successors and
asSIgnS.
IN WITNESS WHEREOF, said party of the first part has hereunto set their hand
and seal the date first above written.
Signed, sealed and delivered
~peOf:
Jvd,! B-,~I
(Name PrintedO~ .
~;> ~'L NO
(Name printed or typed)
PARTY OF THE FIRSYART
BY:~~ ;f-
Danie loan President
(Name printed or typed)
SLOAN HAMMOCK OWNERS ASSOC.. Inc.
106 SE 7TH Ave. Delray Beach. FL 33483
(Address)
STATE OF -f] %)lwN
COUNTY OF ~fJe"H
~The ffregoing instrument w
LIv ,200bby
to me or as produced -
2
~.".y 'If~ CHRISTOPHER A. SCOTT
",VI MY COMMISSION II DO 152414
'-1-or f\r:." EXPIRES: Seplember 23. 2006
'-8Cl(>3-NOTARV Fl Notary $eMce & BondIng. lnc
EXHIBIT A- Legal Description
The right of way to be granted consists of a 5' x 150.22' Right of Way and
Easement parrallel to SE 7th A venue, Delray Beach, FL and extending along the
easternmost property lines of the 3 lots herein described.
Lots 2, 3 & 4, Block 118 of DELRA Y BEACH f/k/a TOWN OF LINTON, according to
the Plat thereof, as recorded in Plat Book 1, Page 3 and in the Plat of CONKLING
& THORNDYKE (Resubdivison of Block 118) as recorded in Plat Book 2, Page 8,
both of the Public Records of Palm Beach County, Florida.
A/K/ A Sloan Hammock, a Land Condominium.
Said lands situate in the City of Delray Beach, Palm Beach County, Florida
Containing 20248 Square Feet/ 0.4648 Acres, more or less.
File: right of way deed form SHOA.doc
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ENVIRON.ENTAL SERVICES DEPARTMENT SLOAN HAMMOCK FILENAME
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE
200 NW I st AVENUE' DELRAY BEACH, FLORIDA 33444
TELEPJ-IO\iE: 561 !243-7()l)() . FACSIMILE: 561/27X-4755
DELRAY BEACH
Writer's Direct Line: 561/243-7091
F LOR IDA
ItI.8.I:III
All-America City
, III I! DATE
1993 TO:
2001
MEMORANDUM
July 26, 2006
FROM:
City Commission
David Harden, City Manager
.~-.~ -
Brian Shutt, Assistant City Attorney
SUBJECT:
Acceptance of Right of Way Deed (SW 14th Avenue Townhomes Proiect)
This right-of-way is required from the CRA (as owner) as a condition of the SW 14th
Avenue Townhomes project. The CRA will be giving the City a 2' strip of property along
the east side of the property and adjacent to the alley.
Our office requests that this item be placed on the August I, 2006 City Commission
agenda for acceptance.
Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Randal Krejcarek, City Engineer
~
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
PIN #
RIGHT-OF-WAY DEED
THIS INDENTURE made this /'irJ.. day of VH.-'-'J ' 2006, between the
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a Florida public body
corporate and politic created pursuant to Section 163.356 F.S., with a mailing address of 20 N.
Swinton Avenue, Delray Beach, Florida 33444, as party of the first part and CITY OF
DELRA Y BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100
N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part.
WITNESSETH:
That said party of the first part, for and in consideration of the mutual promises herein
contained and other good and valuable consideration, does hereby grant, remise, release, quit
claim and convey unto the party of the second part, its successors and assigns, all right, title,
interest, claim and demand which the party of the first part has in and to the following-described
land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit:
See Exhibit "A" attached hereto.
This Deed is made for the purpose of giving and granting to the party of the second part,
its successors and assigns, a right-of-way and easement in and to said lands for public highway,
street, and public utility purposes and the maintenance thereof; and is made, executed and
delivered with the express understanding and condition that should the same ever be
discontinued or abandoned as a public highway or street, the title to same shall thereupon revert
to and revest in the party of the first part or assigns, except that the easement for public utility
purposes shall remain until released.
That this right-of-way shall be subject only to those easements, restrictions, and
reservation of record. The party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect
no building or effect any other kind of construction or improvements upon the above-described
property.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described right-of-way and that the same is
unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall
include the successors or assigns of the parties.
TO HAVE AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right,
title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the
only proper use, benefit, and behalf of the said party of the second part, its successors and
assIgns.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hands the day and year first
above written.
Signed, sealed and delivered
ill our presence:
Delray Beach Community Redevelopment
Ag ncy
7tu_.-n-t~
f/J 74 ) fh iJ ,)/1-.'[(, z-- v {J
~~M
Vl~~ (hUJ)J}JA-
(Print or Type Name)
By:: ames Lamar Shuler, Chairman
20 N Swinton Avenue, Delray Beach, FL 33444
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this .J::f..!:! day 0~2006 by
James Lamar Shuler, Chairman of the Delray Beach Community Redevelopment Agency, a
Florida public body corporate and politic created pursuant to Section 163.356 F.S, on behalf
of the Agency, who is personally known to me or has produced a Florida driver's license as
identification.
~<-n,~
NO AAY PUBLIC '
DNT:dnt
H:\2006X>600 18 DBCRA \MISC\city right of way deed form 6-06.doc
~T~ JEAN MOOREFIELD
~1WI MY COMMISSION If DD4434S6
~:!flI'"i EXPIRES: June 22. 2009
.. Off\;
(-1071398-0153 Florida NoII11Y $erYlce.-"
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SKETCH & DESCRIPTION FOR:
2' ALLEY WAY
S.W. 1st STREET
(50' R/W PER P.B. 23/226. P.B.C.RJ
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(50' R/W PER P.B. 23/226. P.B.C.R.l
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REVISIONS
LAND DESCRIPTION:
The east 2.00 feet of Lots 1 through 12, LINCOLN ATLANTIC
PARK GARDENS, according to the plat thereof, as recorded in
Plat Book 23, Page 226, of the Public Records of Palm Beach
County, Florida.
Said lands situate, lying and being in the City of Delray Beach,
Palm Beach County, Florida.
SURVEYOR'S NOTES:
1. Reproductions of this Sketch are not valid without the
signature and the original raised seal of a Florida licensed
surveyor and mapper.
2. No Title Opinion or Abstract to the subject property has
been provided. It is possible that there are Deeds,
Easements, or other instruments (recorded or unrecorded)
which may affect the subject property. No search of the
Public Records has been made by the Surveyor.
3. The land description shown hereon was prepared by the
Surveyor.
4. Data shown hereon was compiled from instrument(s) of
record and does not constitute a boundary survey.
5. Abbreviation Legend: <t = Centerline; L.B. = Licensed
Business; P.B. = Plat Book; P.B.C.R. = Palm Beach
County Records; PG. = Page; P.L.S. = Professional Land
Surveyor; R/W = Right-of-Way;
CERTIFICATION:
I HEREBY CERTIFY that the attached Sketch and Description
of the hereon described property is true and correct to the
best of my knowledge and belief as prepared under my
direction. I FURTHER CERTIFY that this Sketch and
Description meets the Minimum Technical Standards set forth
in Chapter 61G17-6, Florida Administrative Code, pursuant to
Section 472.027, Florida Statutes.
Date: -_~M_l'!.~_
L1b_~D{==_.
MICHAEL D. A VIROM, P.L.S.
Florida Registration No. 3268
A VIROM & ASSOCIATES, INC.
L.B. No. 3300
A VIROM & ASSOCIA TES. INC.
SURVEYING & MAPPING
60 S.W. 2ND A VENUE, SUITE 102
BOCA RATON, FLORIDA 33432
TEL. (681) 392-2694, FAX (581) 394-7125
@2006 A VIROM lie ASSOCIATES. INC. ALL RIGHTS RESERVED.
JOB NO. 7734 6
SCALE: 1" = 100'
DA TE: 03/24/06
DRAWN BY: M.M.K.
SHEET: 1 OF: 1
;::::::;,,. .. j f 1'2 ,,,,,,,,- I r A1 "
~
[ITY DF DElRA' BEA[H
CITY ATTORNEY'S OFFICE
2()() \lVv' 1st AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE: 5hl/243-7()<)()' FACSI ivlILE: 561/278-4755
DELRAY BEACH
Writer's Direct Line: 561/243-7091
Dad
All-America City
MEMORANDUM
, IIII!DATE:
1993 TO:
2001
July 26, 2006
FROM:
City Commission
David Harden, City Manager
~~
Brian Shutt, Assistant City Attorney
SUBJECT:
Acceptance of Right of Way Deed (La France Hotel Proiect)
This right-of-way is required from the CRA (as owner) as a condition of the re-
development of the La France Hotel project. The CRA will be giving the City a 2' strip of
property along the west side ofthe property and adjacent to the alley.
Our office requests that this item be placed on the August 1, 2006 City Commission
agenda for acceptance.
Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Randal Krejcarek, City Engineer
<t.SJ
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
PIN #
RIGHT-OF-WAY DEED
THIS INDENTURE made this ..t.!::t.1:f:1 day of JUL.-~ ' 2006, between the
DELRAY BEACH COMMUNITY REDEVELOPMENT AG NCY, a Flonda publIc body
corporate and politic created pursuant to Section 163.356 F.S., with a mailing address of 20 N.
Swinton Avenue, Delray Beach, Florida 33444, as party of the first part and CITY OF
DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100
N.W. 1st Avenue, Delray Beach, Florida 33444, as party ofthe second part.
WITNESSETH:
That said party of the first part, for and in consideration of the mutual promises herein
contained and other good and valuable consideration, does hereby grant, remise, release, quit
claim and convey unto the party of the second part, its successors and assigns, all right, title,
interest, claim and demand which the party of the first part has in and to the following-described
land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit:
See Exhibit "A" attached hereto.
This Deed is made for the purpose of giving and granting to the party of the second part,
its successors and assigns, a right-of-way and easement in and to said lands for public highway,
street, and public utility purposes and the maintenance thereof; and is made, executed and
delivered with the express understanding and condition that should the same ever be
discontinued or abandoned as a public highway or street, the title to same shall thereupon revert
to and revest in the party of the first part or assigns, except that the easement for public utility
purposes shall remain until released.
That this right-of-way shall be subject only to those easements, restrictions, and
reservation of record. The party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect
no building or effect any other kind of construction or improvements upon the above-described
property.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described right-of-way and that the same is
unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall
include the successors or assigns of the parties.
TO HA VB AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right,
title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the
only proper use, benefit, and behalf of the said party of the second part, its successors and
assIgns.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hands the day and year first
above written.
Signed, sealed and delivered
In our presence:
Delray Beach Community Redevelopment
Age cy
.JLL
~
(t:1h4~
\ Itf/T~ /h ()oA~F, t.c.-./J
~~M
J2iliN.0 \klAlN )Jpr
(Print or Type Name)
By: ames Lamar Shuler, Chairman
20 N Swinton Avenue, Delray Beach, FL 33444
STATE OF FLORIDA
COUNTY OF PALM BEACH
SJ/L.L7
The foregoing instrument was acknowledged before me this 1'1 fh day of ~ 2006 by
James Lamar Shuler, Chairman of the Delray Beach Community Redevelopment Agency, a
Florida public body corporate and politic created pursuant to Section 163.356 F.S, on behalf
of the Agency, who is personally known to me or has produced a Florida driver's license as
identification.
NO~Y p~{JCtJ ~
DNT:dnt
H:\20061()60018 DBCRA \MISC\city right of way deed form 6-06.doc
~..".y~ JEAN MOOREFIELD I
'Jl. VI MY COMMISSION # DD4434S6
""-tllff\.~~ EXPIRES: June 22. 2009
(407) 398-0153 Florida NolIIIy S.-.Ice.com ~
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SKETCH Be DESCRIPTION FOR:
2' ALLEY WAY
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SURVEYOR'S NOTES:
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LAND DESCRIPTION:
The west 2.00 feet of Lots 9 and 10 and
the west 2.00 feet of the south 47.00
feet of Lot 8, all of the Replat of Part
of Block 27, TOWN OF LINTON, Delray
Beach, Florida, according to the Plat
thereof recorded in Plat Book 21, Page
43 of the Public Records of Palm Beach
County Florida.
Said lands situate, lying and being in
the City 0 f Delray Beach, Palm Beach
County, Florida.
1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed
surveyor and mapper.
2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds,
Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the
Public Records has been made by the Surveyor.
3. The land description shown hereon was prepared by the Surveyor.
4. Data shown hereon was compiled from instrumenHs) of record and does not constitute a boundary survey.
5. Abbreviation Legend: L.B. = Licensed Business; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; PG. =
Page; P.L.S. = Professional Land Surveyor; R/W = Right-of-Way;
CERTIFICATION:
I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the
best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description
meets the Minimum Technical Standards set forth in Chapter 61G17-6, Florida Administrative Code, pursuant to Section
472.027, Florida Statutes.
Date: ____~l~_~l~~_______
REVISIONS
_l:L~=_____~________
MICHAEL D. AVIROM, P.L.S.
Florida Registration No. 3268
A VIROM & ASSOCIATES, INC.
L.B.No.3300
A VIROM & ASSOCIA TES. INC.
SURVEYING & MAPPING
60 S.W. 2ND A VENUE, SUITE 102
BOCA RATON, FLORIDA 33432
TEL. (68n 392-2694, FAX (681) 394-7125
@2006 AVIROM & ASSOCIATES, INC. ALL RIGHTS RESERVED.
JOB NO. 7769-1
SCALE: 1" = 50'
DATE: 03/24/06
DRAWN BY: M.M.K.
SHEET: 1 OF: 1
;
.. , ~
MEMORANDUM
TO:
FROM:
MAYOR AND CI1Y COMMISSIONERS
({i'?CI1Y MANAGER
SUBJECT:
AGENDA ITEM # ~. E- - REGULAR MEETING OF AUGUST 1,2006
GRANT APPLICATIONS TO FLORIDA RECREATION DEVELOPMENT
ASSISTANCE PROGRAM (FRDAP)/BEXLEY TRAIL COMMUNITY AND
EAGLE PARKS
DATE:
JULY 28, 2006
This item is before Commission to authorize staff to submit grant applications to the Florida State
Department of Environmental Protection's Recreation Development Assistance Program (FRDAP) for
funding in the amount of $200,000.00 for the Bexley Trail Community Park and in the amount of
$200,000.00 for Eagle Park.
The grant is on a reimbursable basis. As part of the grant requirement, the City must show that the money
has been budgeted for fiscal year 2006-2007.
Recommend authorizing staff to submit the FRDAP grant applications.
S:/City Clerk/agenda cover memos/Grants/FRDAP Bexley Trail and Eagle Parks 080106
[IT' DF DELRAY BEA[H
DElRAY BEACH
twaztI
All-America City
, IIII(~
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 . 561/243-7000
MEMORANDUM
1993
2001
TO:
David Harden, City Manager
FROM:
Joe Weldon, Director of Parks and Recreation
SUBJECT: Florida Recreation Development Assistance Program Grants
for Bexley Trail Community Park and Eagle Park
DATE:
July 20, 2006
The purpose
authorization
Program Grants
of this memorandum is to request City
to apply for Florida Recreation Development
for Bexley Trail Community Park and Eagle Park.
Commission
Assistance
The submission deadline for the grant is September 1 - September 15,
2006. We are applying for the maximum request of $200,000 for each park.
As you know, the grant is on a reimbursable basis which means we have to
upfront all costs before we are reimbursed. As part of the grant
requirement, we also have to show that the money has been budgeted for
fiscal year 2006 - 2007.
Please place this on the August 1, 2006 agenda for City Commission
consideration.
Weldon, Director of Parks and Recreation
Nubin, City Clerk
Ref:bexeaggr
* Printed on Recycled Pape!
THE EFFORT ALWAYS MATTERS
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FPS-A033
Office of Information and Recreation Services
~ ,OOCOJ'l)mQt1wealth E;lvd.
T allaha55e.e.t Florida; 1; 9 9
Information Un~a (15;0) 2"';-2;02
Page I 004
Recent and Important Changes to
the FRDAP Application
Please read before filling out the
application. No deficiency period~
application will be scored as submitted.
* Starting this year~ the submission cycle will only
run for 15 days~ instead of30 days.
GENERAL CRITERIA
CIP (20 pts.)--- (1) requires CODV ofCIPwith project listed and amount
budgeted. AND (2) letter from City/County administrator stating CIP is
currentlv adoDted.
PUBLIC PARTICIPATION
Sole Purpose Meeting-supply (1) copy of ad AND (2) Droof of where
advertised.
Advisory Board Meeting--submit minutes of regularly scheduled
meeting where project was discussed.
Community Presentation--supply (1) minutes of meeting OR (2) thank
vou letter from someone at presentation. OR
Survey-submit copy of project related survev and results.
FPS-A033
Page 2 of34
PROJECT OPERATION & MAINTENANCE
Supply (1) agency orf!anization chart AND (2) a brief explanation of
how operation and maintenance will be provided.
ACQUISITION CRITERIA
Needed Recreation Acreage-Supply (1) number of acres needed per
person AND acres currentlv owned by Applicant (2) hif!hlif!hted
excerpt from Local Comprehensive Plan supporting those figures.
CIP-----(I) Requires copv of CIP with development of project listed and
amount budgeted. AND (2) letter from City/County administrator stating
CIP is currentlv adopted.
FPS-A033
Page 3 of 34
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
GRANT APPLICATION PACKET
2007-2008
Table of Contents
Title
Page
Facts about.FRDAP.............................. ..................... 4-5
Part I - General Information........................................... 6-12
Applicant Information. .. . . .... . . . .. .. . . . . . . . . . . .. . . . . .. . ... . . . . . 6
Project Information.... ........... ........ ........... ............ 7-8
Financial Information......... .................................. 9-12
Part II - Evaluation Criteria........ ..................................
13-23
General Criteria............. . .. .. . .. . . .. . . . . . . . . .. .. . . .. . . . . .. ..
13-16
Development Criteria. .. . . ... . . . . . . . . . . . ... . . . . . . . . . ..... ... ....
17-18
A ... C. .
cqulsltlon rltena. . . ... .. .. . . . . .... .. . . . .. . . .... . . .. . . .... . '"
19-20
Trail Construction Criteria................. ..................... 21-23
Part III - Supporting Documents........... ........... ........ ... ... 24-33
Population Densities................................... ......... 24-28
Application Check List. . . . .. . . . . . . .. . . . . .. . . . . . . . . 29-31
Contacts for Additional Information.......................... 32
List of Grant Program Managers by County.. . .. .. . ...... '" 3 3
Program Rule - Chapter 62D-5, Part V, F.A.C. ........... Attachment
FPS-A033
Page 4 of 34
FACTS ABOUT FRDAP
WHA TIS FRDAP AND HOW IS IT ADMINISTERED?
The Florida Recreation Development Assistance Program (FRDAP) is a competitive program
which provides grants to local governmental entities for acquisition and development of land for
public outdoor recreation use or to construct recreational trails. The Florida Department of
Environmental Protection (DEP), Office of Information and Recreation Services administers
FRDAP.
WHO MA Y APPL Y FOR FRDAP FUNDS?
Municipal and county governments or other legally constituted entities with the legal
responsibility to provide public outdoor recreation.
WHA T IS THE GENERAL APPLlCA TION INFORM A TION?
A proposed FRDAP project must be for one of the three following categories: acquisition of land
for public outdoor recreational purposes, development and/or renovation of land for public
outdoor recreational purposes, or construction and/or renovation of a public recreational trail. If
an acquisition project receives a FRDAP grant, the applicant must develop the acquired site for
public outdoor recreation use within three (3) years.
(See attached program rule for definitions)
HOW DO I APPL Y?
Applicants must submit a completed FRDAP Grant Application during an announced submission
period. Applicants may submit up to two applications during the submission period. Each
agency may only have a total of three (3) active projects, including any applications being
submitted. Applications must involve only one project site except for acquisition or development
of sandy beach access. DEP evaluates applications on the basis of the information provided by
the applicants, except where such data is superseded by official DEP information. Failure by an
applicant to present all required application information and documentation may result in the
application being declared ineligible for funding consideration, or may result in a loss of points
for the applicant's competitive score. Application will be evaluated and scored based on the
information submitted by the end of the submission period. The deficiency period has been
eliminated under the new rule.
Applicants must submit three copies (1 original and 2 copies) of the completed application and
all supporting documents during the announced submission period of (September 1, 2006,
through September 15, 2006). Please use a soft covered binder, no hard 3-ring binders. To
facilitate review and scoring, please tab all exhibits. ANY APPLICATIONS SUBMITTED
WITHOUT EXHIBITS BEING TABBED, WILL BE SENT BACK TO THE APPLICANT
AND ASKED TO BE TABBED OR WILL BE CONSIDERED INELIGIBLE. Applications
must be postmarked NO LATER THAN September 15, 2006, and submitted to:
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF RECREATION AND PARKS
OFFICE OF INFORMATION AND RECREATION SERVICES
3900 COMMONWEALTH BOULEVARD, MAIL STATION 585
TALLAHASSEE, FLORIDA 32399-3000
FPS-A033
Page 5 of 34
If you plan to prepare this document by retyping or downloading it to your computer, the
language and format used must exactly match this application. You may request an
electronic application by e-mailing:Levlani.Velez@deo.state.fl.us
WHAT IS THE MAXIMUM GRANT AMOUNT?
Maximum grant funds an applicant may apply for is $200,000
GRANT MA TCH RA TIOS: (Based on the grant cap of $200,000)
Proiect Cost
$50,000 or less
$50,001 to $150,000
$150,001 up to $400,000
State Share
100%
75%
50%
Grantee Share
0%
25%
50%
Project Cost = State Share + Grantee Share
Please refer to Chapter 62D-5.055(4), F.A.C. for complete information on match requirements
and match types.
WHA T CAN I USE TO MA TCH A FRDAP GRANT?
*Cash *Value of undeveloped land owned by applicant (subject to conditions) *In-kind services
HOW ARE FRDAP GRANTS AWARDED?
Each application is reviewed to determine eligibility. The Division of Recreation and Parks
evaluates each eligible application according to Florida Administrative Code and assigns a final
score. Based on the scores, DEP prepares and submits a recommended priority list to the Florida
Legislature for funding consideration. The Department's performance and obligation to
award program grants is contingent upon an annual appropriation by the Florida
Legislature. Should the project receive funding, the grantee will have up to three (3) years
from the start of the state's fiscal year in which funds are appropriated to complete the
project or funds will revert.
If questions arise while preparing the application, please contact the Office of Information and
Recreation Services at 850/245-2501 or SUNCOM 205-2501.
FPS-A033
Page 6 of 34
~ .
AGENDA ITEM NUMBER:'\. ~
Date: July 20, 2006
AGENDA REQUEST
Request to be placed on:
_Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda
When: August 1, 2006
Description of Agenda Item (who, what, where, how much): Request approval
to apply to Florida Re~reation Development Assistance Program for a $200,000 grant
for Bexley Trail Community Park and a $200,000 grant for Eagle Park for development
of both parks. These grants are on a reimbursable basis. We have to show that the
money has been:budgeted for fiscal year 2006 - 2007.
t
D.epartment Head \\ W n n . .
SIgnature: ~ ~\L.....J
City Attorney ReVi~+lRecommendation (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: ~ '1/zr"Id<> ~I<
Approved for Agenda@No Initial:
Hold Until:
Agenda Coordinator Review:
Received:
~;""
MEMORANDUM
TO:
MAYOR AND CI1Y COMMISSIONERS
~I1Y MANAGER
AGENDA ITEM # <{:.t- - REGULAR MEETING OF AUGUST 1, 2006
CLOSEOUT/CHANGE ORDER NO. 3/RANGER CONSTRUCTION
INDUSTRIES. INC.
FROM:
SUBJECT:
DATE:
JULY 28, 2006
1bis is before Commission to approve closeout Change Order No.3 in the amount of $2,500.00 and
final payment in the amount of $70,143.41 to Ranger Construction Industries, Inc. for the completed
2005 Street Resurfacing Project.
Funding is available from 334-3162-541-61.17 (General Construction Fund/Street Reconstruction).
Recommend approval of Change Order No.3 in the amount of $2,500.00 and final payment in the
amount of $70,143.41 to Ranger Construction Industries, Inc. for the completed 2005 Street
Resurfacing Project.
S:\City Clerk\agenda memos\CO 3 Ranger St Resurfacing 080106
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City Of Delray Beach
Department of Environmental Services
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TO: DAVID T. HARDEN, City Manager
FROM: Bob Diaz, Construction Manager
SUBJECT: 2005 STREET RESURFACING (PIN 2005-037)
Agenda Request; Change Order #3/Final Payment
DATE: JULY 25, 2006
Attached is an Agenda Request for City Commission to approve closeout Change Order #3/Final payment
in the net Add amount of $2,500.00 and final payment amount of $70,143.41 to Ranger Construction
Industries, Inc. for having completed the construction of the 2005 Street Resurfacing project. This
change order includes plus and minus quantity adjustments and liquidates the residual from contingency
allowances. All changes for the project are itemized on the attached Schedule "A" to Change Order
#3/Final.
The project is complete and all closeout documentation received. Staff recommends City Commission
approve Change Order #3/Final in the Add amount of $2,500.00 and final payment in the amount of
$70,143.41 to Ranger Construction Industries, Inc. for completion of the 2005 Street Resurfacing
proj ect.
Funds to be liquidated from account 334-3162-541-61.17 ($70,143.41) General Construction Fund Street
Reconstruction (I) after budget transfer of $2,500.00.
A Contractor Evaluation is also attached.
Please place this item on the Aug 1, 2006 Commission meeting.
cc: Richard Hasko; Director of ESD
Rafael Ballestero; Dep. Director of Construction, ESD
Chevelle Nubin, City Clerk's Office
Agenda File 08/01/06
File 2005-037(A)
C:\Documents and Settings\smithd\Local Settings\Temporary Internet Files\OLKBO\Ranger Const Agd mem CO#3 Fin GC 08.05.06.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO.
PROJECT TITLE:
3 / Final
2005 Resurfacing
PROJECT NO. 06-037
DATE:
TO CONTRACTOR: Ranger Construction Industries, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
mSTIFICATION:
Complete changes to project per the attached schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADmSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADmSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER - 2.21 %
TOTAL PER CENT INDECREASE TO DATE -60.76 %
$112,948.50
292.034.95
$404,983.45
$ 2.500.00
$407,483.45
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Ranger Construction Industries, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account: 334-3162-541-65.84 ($2,500.00).
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
Mayor
Environmental Services
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
r'\Oo""m",,t. ~nn S"ttim><\.mithn\T ",,~1 S"ttim,.\T"mnor~rv Int"",,,t Fil".\OI KRO\R~n""r ro#, Fin~l nr ORO'iOIi.no"
2005 RESURFACING
PROJECT # 2005-37
Schedule "A"
Ranger Construction
Contract Award Contract to Date
ITEM ITEM UNIT
No. DESCRIPTION QTY UNIT PRICE TOTAL COST QTY UNIT PRICE TOTAL COST
1 Mobilization LS 1 $5,000.00 $5,000.00 1 $5,000.00 $5,000.00
2 Maintenance Of Traffic LS 1 $4,200.00 $4,20000 1 $4,200.00 $4,200.00
3 Levelinq and 1" Sill Asohalt Overlay TN 800 $100.00 $80,000.00 800 $100.00 $80,000.00
4 Adjust Manhole Rinas and Covers E.A 26 $185.00 $4,810.00 26 $185.00 $4,810.00
5 Adiust Valve Boxes EA 9 $80.00 $720.00 9 $80.00 $720.00
6 24" Solid White StOD Line LF 185 $4.65 $860.25 185 $4.65 $860.25
7 4" DoubleYellow StoD Line LF 135 $2.45 $330.75 135 $2.45 $330.75
8 Blue RPMs at Fire HYdrant Locations E.A 9 $7.50 $67.50 9 $7.50 $67.50
9 Shoulder Restoration LF 11,300 $1.50 $16,950.00 11,300 $1.50 $16,950.00
10 Indemnification LS 1 $10.00 $10.00 1 $10.00 $10.00
TOTAL $112,948.50 $112,948.50
Miscellaneous Changes
To add the 2006 Resurfacing work to
C01 Ranger Construction's existing 2005
Resurfacing contract
_f9_!~9_!. M9_~lU~Jj9_I]________m__________________m_______ m_m____m_m___m__~~~___m__________m______ _m__g_m__ ____g~9.9"Q9. __________m~9...QQ 000____1...___ ooo__g?.9_9,QQ. $7500.00
_f9_!~9_~_ M_~j!l!~n9.D_<<!!._Q!.I~?_lfJ~_________m______m__ _____m___________m____~~~m______________________ _______9000___ __~~_9,~Q.9,QQ. _____________~9.c9Q __000__1...___ ___~~g,~9g,Q9_ ______H9,~Q.9,QQ.
_f9_L9_~_ h~_y!!.~n9._~.!:~9_y!!.r!~y______m________________ ______m___m________mT.~_____m_________________ ___000_9...___ _______$.!~_9,Q9. _____________~9_c9Q _J,~_~.2&?_ m___11~_9,Q9_ _____H2.~A~?~,Z9.
_f9_L~_ ~91.lj!!.!.M!t13J!!9.!!_~_gQy_~!_~m_____ooo_mm m_mm___m__________~_______m___m_________ _______9______ mm_~J?.~'Q9. ____mm___~9"_9Q m.1!l,9_9m _____m~_!?_~,QQ. ________g~2.9,Q9.
_f9_!,9E_ ~llj!!.!.Y..~!Y..~_!?Q~_~!!.____________________________ _____mm_________m___~_m_________m_________ _______9...___ ___m__~?.9,Q9. ________m__~Q.._9Q mJ~,9_9___ _________~?.9,QQ. ________~.1,gQ.9,QQ.
_f9_!,9_~_ ?~::_'!'Y_~j!~_g2P...r?.~L__________________________ -_____m________m______~______________m____m_ m___g______ _____m~?.9"Q9. ____ooo__m_~Q...QQ ____1~&9... _________~?_9,9.Q. _____m~_!,~?9,QQ.
_f9_!RL ~':_Q9_\:l_~!~.Y_~!!9~ooo__m___________________m__ _____m________m_______~.f._____________________m_ _______9000___ ______m_~J,Z?. _____________~Q...QQ __!,?_?L9.9_ ___________HZ~ _m___~M??,g~
_f9_L9_~_ ~:_w..~J!L_m_________________________________ooo_ ------___________________Jfm_______________________ _______9...000 __________~9,~Q. m__________~9_c9Q _.2,~_9.Q,Q.9_ ___ooo_____~_9,~Q. ____m_~_M~~,~9.
_f9_!,9_l!_ B?_M~~m________m__________________m________m ____mm________m_____~m_________m__________ ____0009______ _____m__~9,Q9. m_______m~Q..gQ __.1J~L9g__ _______m_~_9,QQ. ___________~!l?_~,Q9.
_f9_U_Q_ 2.:_Y.~J!9_'!!:____________________m___________________ ---_____m____________m~f__m_________m_________ 000____9___000 ______m_~9,~9. ________m__~Q..gQ __.1.1?.,9_9__ ___________~9,~Q. ___________t!~_9,~Q.
_f9_U_!_ .1?::.Y.~!!9~_____mooo______________m________m__ _______________m_____m~.f.________m_________m__ __m_g______ ___m____~?,.1?. _________m_~Q.._QQ ____~~~9_9... m__m___~_?,1~_ ____________~?.~,Z~
_f9_U_~_ ~:_~~JP..___________________m_______m__________m -----------_____m_______~E___________m_______m_ ___000_9______ __________~9A~~ __________m~Q...QQ _1,?.1_9,9.9_ ________m!9,!l~ __________~~?!,?..9.
_f9_U_~_ .1?::.YY_~J!~_____________ooo________________m_______ ---_______________m____J.f.____m_________mooo___ _______9...___ _____m__~L~Q. _____________~Q..gQ __"?Q&9m ________m~_L~9_ _m______~_!~l,QQ.
_f9_U_1_ E9.E?_Ij~L___________________________________________ ---____________ooo__m___~_________________mooo__ ______g_m__ __m___~~_9,_!~ m__________~9"gQ _____~,9.9..._ _________H9,_!?_ ____________~?g,Z~
_f9_U_~_ ~h9_lj!Q.~L'3_lt~!9!.~!j9_I]__________________________ ________m___________m_~_$__________________m_____ _______9...___ __~?.1,Q9.9,Q9. _____________~9_.gQ _____1,9.9..._ ___~?_1,Q9_9,QQ. ______~?.1,Q9_9,QQ.
C02
Add the restoration I resurfacing of
Miller Park parking lot (after hurricane
Wilma) to the contract.
LF
_f9_~,9_!_ ~_:_6!!.f!h?JtQ~~~I~y._______ooo___________________ ______________m_m_m_~Y..._________m____m____ ___000_9...___ m_______~~,~~ ______m____~9_c9Q JM_~Q~9.9_ ___m_____~_~,~?_ mooo~~!'Q~_~,Q9.
_f9_~,9_~_ B!!.:~!r!PJ!!9.____________m_____________...__m___ __m___m__m__________~_$___________________m____ _______9...... _m~_~,ZQ.9,QQ. _______m___~9.._9Q _____1,9.9____ _____~_~,Z9g,QQ. ________~_~,ZQ.9,Q9.
_f9_~,9_~_ h~_y~U!!9._~_?_~!Q~J!l!L_____ooo_________________ _________________________.T_~_________________________ _______9______ mm_~g~9,Q9. ________m__~Q.._9Q ____9Q,9_9... _______~g~9,QQ. m___H~,Q9g,QQ.
_f9_~~9_~_ ~_@_M_9_~lU!;.?_tj9_l]_fQr_gh?_~~!?J.I!~_~!.~_~___ ---------__________________000____________________000__ ____0009______ ____g~9.9"Q9. ___m_______~Q.._QQ 000__1,9.9____ _____~_?,?.9_9,QQ. m_____~_?,?.Q.9,QQ.
TOTAL Changes $0.001 $294,534.951
TOTAL Contract
$112,948.501
$407,483.451
7127/2006
AGENDA REQUEST
Agenda Item NO.:~'f
Request to be placed on:
DATE: July 25, 2006
--L Regular Agenda
_ Special Agenda
_ Workshop Agenda
When: August 5, 2006
Description of item (who, what, where, how much):
Request City Commission to approve closeout Change Order #3/Final payment in the net Add amount of
$2,500.00 and final payment in the amount of $70,143.41 to Ranger Construction Industries, Inc. for
having completed the 2005 Street Resurfacing (P/N 2005-037). All changes for the project are itemized
on the attached Schedule "A" to Change Order #3, Final.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Change Order #3/Final payment in the net Add
amount of $2,500.00 and final payment to Ranger Construction Industries, Inc. for having completed the
construction of the 2005 Street Resurfacing project.
Department Head Signature: ~.I~
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 ~Nctb(
Funding alternatives
Account No. & Description See above
Account Balance See above
City Manager Review: ~pt.
ApprovedJor agenda: ~O
Hold Until:
flIrtlkf " .
f& e tf715 In.NY I) VI-
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2005\2005-037\OFFICIAL\Ranger Agnd req C0#3 Fin GC 08.05.06.doc
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
~ITY MANAGER
AGENDA ITEM # ~ ~ ~
CHANGE ORDER NO.
EOUIPMENT, INC.
- REGULAR MEETING OF AUGUST 1. 2006
2 (CONTRACT ADDITION)/CHAZ
FROM:
SUBJECT:
DATE:
JULY 28, 2006
This is before Commission to approve Change Order No.2 (Contract Addition) in the amount of
$47,750.00 to Chaz Equipment, Inc. for the emergency repair of a 10" sanitary sewer main at Lift
Station #84 in the High Point Subdivision.
Funding is available from 442-5178-536-63.51 (Water/Sewer Renewal and Replacement Fund/Sewer
Mains).
Recommend approval of Change Order No.2 (Contract Addition) in the amount of $47,750.00 to
Chaz Equipment, Inc. for the emergency repair of a 10" sanitary sewer main at Lift Station #84 in the
High Point Subdivision.
S:\City Clerk\agenda memos\CO Contract Addition Chaz Lift Station 84 080106
fW;ot
City Of Delray Beach
Department of Environmental Services
MEMORAN
D
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www.mydelraybeach.com
TO:
David T. Harden, City Manager
Victor Majte~ty Director of Public Utilities
FROM:
SUBJECT:
NE/SE 1sT STREET ONE WAY PAIR PROJECT (PIN 2004-006)
Change Order #2 to Chaz Equipment Co., Inc.
Emergency Sewer Repair, Lift Station 84, High Point Subdivision
DATE:
July 24, 2006
Attached for City Commission approval is Change Order #2 (contract addition) to Chaz Equipment
Company, Inc. in the amount of $47,750.00 for the emergency repair of a 10" sanitary sewer main at
Lift Station 84.
On July 21,2006, a sink hole along High Point Boulevard North at the location of Lift Station 84 was
reported to our Water/Sewer Network Division. Personnel were dispatched to the location to
determine the potential cause of the sink hole. Upon inspection of the flows from lift station and the
upstream manhole, it was evident there was a break in the sewer main. The sewer main is 10" in
diameter and is approximately 13 feet in depth. The site must be excavated to determine the extent of
the repair needed and to physically accomplish the repair. Because of the extreme depth of the line,
the excavation activity will require dewatering. This work is beyond the capabilities of in house
utility maintenance resources, therefore we have solicited a price from Chaz Equipment Co., Inc. to
perform the work on an emergency basis.
Attached is a quote from Chaz Equipment in the amount of $47,750.00 to accomplish the repair,
which is based on their continuing contract with the City of Boca Raton, #71-02-007. This expense
will be handled as a Contract Addition to the current construction contract with Chaz for
improvements to NE/SE 1 st Street One Way Pair project, PIN 2004-006. Funding is available from
account #442-5178-536-63.51, Water and Sewer Renewal & Replacement Fundi Sewer Mains, after a
budget transfer.
cc: Richard Hasko; DirectorofESD
Scott Solomon; Manager Water and Sewer Network
City Clerk's Office
Agenda File 08-01-06
File 2004-006(A)
S:\EngAdmin\Projects\2004\2004-006\OFFICIAL\CHAZ C002 Agda Memo 08.01.06.doc
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DATE: 07/25/2006
IIlI'OO EIOOIl:Y m 1Il'!lI
CITY of DELRA Y BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
434 SOl1TH 8WI\ITON AVENUE, DB..RAY ElEACH, R.ORDA 33444
HIGHPOINT EMERGENCY SEWER REPAIR
LOCATION MAP
2004-006
1 of 1
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2 (Contract Addition) PROJECT NO. 04-006
PROJECT TITLE: NE 1st Street/ SE 1st Street Improvements
TO CONTRACTOR: Chaz Equipment Company, Inc.
DATE:
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Add the following scope of work to the contract:
The emergency repair of a 10" sanitary sewer main at the vicinity of Lift Station 84 off of High Point Boulevard North in the
amount of $47,750.00, per attached quote from Chaz Equipment Company, Inc. dated July 21,2006.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 4.84%
TOTAL PER CENT INCREASE TO DATE 17.32%
$986,318.70
$123.100.00
$1,109,418.70
$47.750.00
$1,157,168.70
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Chaz Equipment Company, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is proposed from account: 442-5178-536-63.51 ($47,750.00).
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND: I?l ~
Enviro ental ServIces
By:
Mayor
ATTEST:
By:
APPROVED:
S:\EngAdmin\Projects\2004\2004-006\OFFICIAL\CHAZ C0#2 GC 08.01.06.doc
FROM :CHAZ EQUIPMENT CO., INC.
FAX NO. :5613332180
Jul. 21 20E6 85: 52PM P2
3460 Falrlane Fa~ Road
Suite 8
Wellington, FL 33414
Phone: 561.333.2109
Fax: 561.333-1180
...
--
July 21, 2006
Mr. Scott Solomon
City of Oelray Beach WaterlvVastewater Supt
434 South Swinton Ave
Oelray Beach, FL 33444
Re: DelraY'Beach High Point LIft Station 84 Emergency Main Repair
Dear Mr. Solomon:
Per your request we am please to submit a proposal for the above r&feranoed repair. The Price
includes the excavation of the 10" main just upstfeam north of the receiving manhole just east of
Lift Station 84. The price includes mobilization, maintenance of traffic, clearing, excavation.
dewatering, replacement of one joint of pipe and connect to existing pipe or manhole invert,
backHlVcompact and restoration of surface conditions to like or better condtion. Replacement of
receiving manhole and bypass pumping is excfuded.
Total PfOpOSa/ Amount
Should you h ve any further questions please do not hesitate to call.
$47.750.00
FROM :CHAZ EQUIPMENT CO., INC.
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CITY of DEI,RAY I-3EACI-I ~~. ~
ENvmONMENTATJ SI~.:.R\']CES DIWARTMENT ~
s
City of Delray Beach
Budget Transfer Form
(1) Department I l e Transfer
(5) Requested By: Victor Majtenyl
PROJECT # (6) ACCOUNT NUMBER
(7) DESCRIPTION
442-5178-536-65.97 Water and Sewer R & R FundI
SW 12th Ave/SW 11th Ave to SW
3rd St
442-5178-536-65.98 Water and Sewer R & R FundI
SEINE 1St. One Way Pair
2004-006
442-5178-536-63.51
Water and Sewer R & R FundI
Sewer Mains
(2) Date: June 25, 2006
(4) Batch Number:
(8) TRANSFER OUT
(9) TRANSFER IN
$46,650.00
$2,600.00
$49,250.00
JUSTIFICATION: To fund the contract addition (Change Order #2) to Chaz Equipment Company for the
emergency repair of the 10" sanitary sewer at LS #84.
Budget Admlnlstr t
Department Head
Finance Director
city Manager
(11) Budget Revision Date
(13) Period
ORIGINAL-BUDGET
CANARY-PROJECT FilE
(12) Control Number
$49,250.00
$49,250.00
7/Zfe
(14) Count
PINK-DEPARTMENT
Agenda Item No.:~ ~
AGENDA REQUEST
DATE: July 25,2006
Request to be placed on:
~ Regular Agenda
_ Special Agenda
_ Workshop Agenda
WHEN: August 1, 2006
Description of item (who, what, where, how much):
Request City Commission to approve Change Order #2 (Contract Addition) in the net amount of
$47,750.00 to Chaz Equipment Co., Inc. for the emergency sewer repair at Lift Station #84 in the High
Point Subdivision.
Funding will be available from account #442-5178-536-63.51, Water and Sewer Renewal and
Replacement Fund/ Sewer Mains.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Change Order #2 to Chaz Equipment Co., Inc.
Department Head /) /J ~
Signature: F t(
---
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 ~NdJ:f
Funding alternatives
Account No. & Description See above
Account Balance See above
~~)
S
City Manager Review: ~. ~
Approved for agenda: ~O
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2004\2004-006\OFFICIAL\CHAZ C0#2 Agda Req 08.01.06.doc
MEMORANDUM
SUBJECT:
:;f YOR AND CITY COMMISSIONERS
~CITY MANAGER
AGENDA ITEM # <t. \\ - REGULAR MEETING OF AUGUST 1, 2006
CORRECTION/ HOUSING REHABILITATION GRANT/CONTRACT
AWARD
TO:
FROM:
DATE:
JULY 28, 2006
'Ibis is before the Commission to approve a correction to the Housing Rehabilitation Grant/Contract
Award which was incorrecdy listed (typo) on the May 2, 2006 Commission Agenda as being available
in State Housing Initiatives Partnership (SHIP) Program instead of the Community Development
Block Grant (CDBG) Program. The account number 118-1963-554-49.19 was correct.
Recommend approval of a correction to the Housing Rehabilitation Grant/Contract Award from the
"State Housing Initiatives Partnership" (SHIP) Program to the "Community Development Block
Grant" (CDBG) Program.
S:\City Clerk\agenda memos\CM Correction to Housing Rehab Grant Item 080106
v--
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CLASS ACTION LAWSUIT /STARWOOD HOTELS (SHERATON/WESTIN
HOTELS): Approve participating in a class action lawsuit regarding Starwood Hotels,
including Sheraton and Westin Resorts, for breach of contract for failure to notify
guests that a "resort fee", facility fee" and/or "convenience fee" would be imposed.
S.
RESOLUTION NO. 26-06: Approve Resolution No. 26-06 supporting Lake Worth
Drainage District's funding request of two (2) million dollars from the Florida
Legislature for the L-40 Berm Enhancement Project.
T.
HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a
Housing Rehabilitation grant/contract award, which exceeds the maximum amount of
$35,000.00, to an eligible family under the Community Development Block Grant
(CDBG) Program. in the amount of $61,940.00 to JMosca Builders, LLC (23 N.W. 9th
Street). Funding is available from 118-1963-554-49.19 (State Housing Initiatives
Partnership (SHIP) Program/Housing Rehabilitation).
AWARD OF BIDS AND CONTRACTS:
1. Contract award to Needham Roofing, Inc. in the amount of $259,663.00 for the
Pompey Park Center Re-Roofing Project. Funding is available from 334-4172-
572-46.10 (General Construction Fund/Building Maintenance).
2. Contract award to Kilbourne & Sons in the amount of $34.350.00 for the
restorations to the asphalt driveways in the Chatelaine Neighborhood required
after sidewalks were recendy installed. Funding is available from 334-6130-541-
63.89 (General Construction Fund/Neighborhood Enhancements).
3. Purchase award to R&S Integrated Products and Services, Inc., as a sole source
vendor, in the amount of $20,880.00 for the purchase of an add-on to the
current LaserFiche Document Imaging System; including the purchase of a
document imaging scanner, licenses, set-up, training and software for the
Finance Department. Funding is available from 001-1511-513-64.11 (General
Fund/Computer Equipment).
4. Purchase award to Sensus Metering Systems. as a sole source purchase, in the
amount of $102,600.00 for the purchase of 800 transceiver units required to
upgrade existing water meters to radio water meter reading equipment for the
Finance Department. Funding is available from 442-5178-536-52.31 (Water/
Sewer Renewal & Replacement Fund/Water Meter Replacement under $750).
5. Contract award to Guidance Group in the total estimated amount of $75,996.43,
as a sole source vendor, for the repairs and/or replacement of several
"Way finder" Signs damaged by Hurricane Wilma. Funding is available from
551-1575-591-45.50 (Business Insurance Fund/Property Claims).,
6. Contract award to Casde Florida General Contractor in the amount of
$24,000.00 for repairs to Cason Cottage due to Hurricane Wilma. Funding is
available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims).
- 5 -
05-02-2006
---
(
. (/
MEMORANDUM
./'"
~
TO: David Harden, City Manager
FROM: Ferline F. Mesidort, C.D. Specialist ~ .
Tim.U: Lula Butler, Community Improvement Director rtb
DATE: April 26, 2006
SUBJECT: Commtmity Development DiVision Housing Rehabilitation Grant Award
ITEM BEFORE THE COMMISSION
Approval to award a grant that exceeds the maximum amount of $35,000 allowed under the established
Policies & Procedures governing Housing Rehabilitation Grant Awards to an eligible family under the
Community Development Block Grant (CDBG) program. Total grant award requested is $61,940.
BACKGROUND
The McClenehan's home sustained substantial and severe damages from Hurricane Wilma with repairs
estimated at $112,000. The home'is not fit for habitation iIi its current condition. The seven-member
family has since been displaced and are liVing with extended family members. The family received a
lump sum payment of $50,060 from their homeowner's insurance policy, representing the maximum
benefit available under the policy. The funds have been placed in an escrow account with the mortgage
holder, American General Financial Services. The mortgage holder will hold the funds until the owner is
able to demonstrate that additional funds are available to restore the home to decent, safe and standard
condition, otherwise, the insurance proceeds could be used to satisfy the $47,000 mortgage balance. The
family's total household income is at 79% of the median income for Palm Beach County.
The rehabilitation ~ctivities proposed will bring the home to minimum cod~~eqtiirements by replacing the
flat roof with a new hip roof, replacing 'ceilings, electric and phinibirig systems, complete kitchen
replacement and new appliances, installing new walls throughout the home, replacing and repairing -
windows, and correcting other incipient code violations. American General Financial Services hMagre.ed
to release. the insurance payment to. the City of Delniy Beach contingent on the City's approval. of the
additional funds required to complete the rep~s. Contracts will be executed between the building
contractor and the: property owner. The City remains the agent and ~s' office is responsible (or .
monitoring all work performed by the contractor, ensuring compliance according to specifications aDd
. . program guidelines. .
RECOMMENDATION
Staff recommends City Commission approval to award a grant in the amount of $61,940, as an exception
to the maximum amount established for the Housing Rehabilitation activities under the CDBG Program to .
the eligible family.
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: ~1Y MANAGER
SUBJECT: AGENDA ITEM # <l T - REGULAR MEETING OF AUGUST 1.2006
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
JULY 28, 2006
Attached is the Report of Appealable Land Use Items for the period July 24, 2006 through July 28, 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\apagrnemo 080106
FROM:
DAVID T. HARDEN, ~~.'-
PAUL DORLlNG, D1kfc:;.OR tiPL~ING AN~ ~ONING
JASMIN ALLEN, PLANNE~R/~) ITh,\ tlf,h",
MEETING OF AUGUST 1, 06 *CONSENT AGENDA *
REPORT OF APPEALABL LAND USE ITEMS JULY 24, 2006 THRU JULY 28, 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 July 24, 2006 through July 28, 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 Planning and Zoning Board. The following items which
were considered by the Board will be forwarded to the City Commission for action.
· Recommended approval (5 to 0, Gary Eliopoulos and Diane Borchardt absent), of the transmittal
of the draft Evaluation and Appraisal Report (EAR).
· Recommended approval (3 to 2, Paul Zacks and Johnny Kincaid dissenting), of a City initiated
Future Land Use Map amendment from County MR-5 (Medium Density Residential 5 units per
acre) in part, CH/5 (Commercial High with an underlying High Residential, 5 units per acre) in part
to City LD (Low Density Residential 0-5 du/ac) in part, MD (Medium Density Residential 5-12
du/ac) in part and GC (General Commercial) in part and associated annexation with rezoning from
County HR-12 (High Density Residential) in part, CC (Community Commercial) in part, and AR
(Agricultural Residential) in part to City RM (Medium Density Residential) in part, GC (General
Commercial) in part and R-1-AAA (Single Family Residential) in part for the Enclave PUD, Devco
Plaza and Lots 5-14, Breezy Acres Subdivision comprising 27.4 acres located on the east and
west sides of Markland Lane, between West Atlantic Avenue and the L-34 Canal.
· Recommended approval (4 to 1, Paul Zacks dissenting), of an amendment to the Land
Development Regulations Section 4.4.13 "Central Business District" to provide regulations
relating to office uses on the ground floor along Atlantic Avenue extending from 1-95 to Ocean
Boulevard.
City Commission Documentation
Appealable Items Meeting of August 1, 2006
A. Approved (6 to 0, Mark Gregory absent), a request for a color change for the City of Delray
Beach Police Sub-station, located at the southwest corner of East Atlantic Avenue and Ocean
Boulevard.
B. Approved (6 to 0), a request for a color change for Andean Art and Craft, located on the east
side of North Federal Highway, south of Gulfstream Boulevard (2613 North Federal Highway).
C. Approved, (6 to 0), a Class II site plan modification associated with the addition of a new
swimming pool, new parking spaces, re-striping the existing parking area and landscaping for
Palm Terraces, an existing multiple family residential development located at the southwest
corner of Palm Trail and Bond Way (1000 Palm Trail).
D. Approved with condition (6 to 0), a Class V site plan and architectural elevation plan associated
with the demotion of the existing restaurant and a portion of the cabana bath house and
construction of a two-story 6,794 sq. ft. restaurant for Seagate Beach Club, located on the east
side of Ocean Boulevard, south of Casuarina Road. The landscape plan was approved on a 5 to
2 vote, (Christina Morrison and Dan Carter dissenting). Concurrently, the Board considered the
following waivers:
· Recommend approval (5 to 1, Christina Morrison dissenting) to the City Commission the
waiver to LDR Section 4.6.9(F)(3)(e), which requires two handicap accessible parking spaces
adjacent to a valet queue.
· Recommend approval (4 to 2 (Christina Morrison and Oan Carter dissenting) to the City
Commission the waiver to LDR Section 4.6.9(F)(3)(g)(i), which requires a 10-foot perimeter
landscape buffer consisting of a hedge and trees 30 feet on center between the valet queue
and the property line.
· Recommend approval (6 to 0), to the City Commission the request for relief from LOR Section
4.6.9(F)(3)(f), to reduce the required valet drop-off/queuing length from 100 feet to
approximately 75 feet.
· Recommended denial (6 to 0), the reduction to parking spaces required pursuant to LOR
Section 4.6.9(C)(3)(d) by 12 spaces.
No Regular meeting of the Historic Preservation Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map
2
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
AUGUST 1, 2006
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CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
AUGUST 2006
- - DIGITAL BASE IMP SYSTEM --
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MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
~CITY MANAGER
SUBJECT:
AGENDA ITEM # ~ ~ - REGULAR MEETING OF AUGUST 1. 2006
AWARD OF BIDS AND CONTRACTS
DATE:
JULY 28, 2006
TIlls is before the City Commission to approve the award of the following bids:
1. Contract award to Duraclean, Inc. in the amount of $50,281.00 for water damage
and microbial remediation at the north wing of City Hall and the Municipal Golf
Course Clubhouse. Funding is available from 551-1575-591-45.50
(Insurance/Property Claims).
2. Bid award to Boyd S. Boggess in the amount of $16,840.00 for the replacement of
all 4 x 12 beams on the arbor at Veterans Park. Funding is available from 001-
4131-572-63.40 (General Fund/Recreational Improvements).
Recommend approval of the above bids and purchases.
S:\City Clerk\agenda memo\Bid Memo 080106
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City Of Delray Beach
Department of Environmental Services
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www.mydelraybeach.com
TO: David Harden, City Manager
FROM: Bob Diaz, Construction Manager
SUBJECT: GOLF CLUB CLUBHOUSE(PIN 2006-040) & CITY HALL NORTH WING
(PIN 2006-41)
Commission Agenda Item, Contract Award
DATE: JULY 25,2006
Attached is an Agenda Request for City Commission to approve and award a contract to Duraclean, Inc;
regarding the water damage & microbial remediation scope of work needed for both the Golf Club
Clubhouse & City Hall North Wing.
The work generally consists of the following: Removal of affected drywall sections, insulation, vapor
retarder, wall coverings, carpeting, baseboards, door casings, wood flooring, ceiling tiles, grid system and
HV AC duct insulation. Cleaning and disinfecting will include (but not limited to) hard surfaces, porous
surfaces, HV AC coils, squirrel cage fans, condensate drip pans, supply and return registers, electronic
equipment, wood joists, textured ceilings & upholstered items.
All water damaged and mold remediation areas are going to be restored to pre-damaged condition
including new wood/metal studs, insulation, and drywall and ceiling tile. Drywall surfaces are left ready
for paint. The Golf Club Clubhouse restoration will include all wall finishes including commercial grade
vinyl wall covering.
A bid result spreadsheet is attached for your reference.
Staff recommends City Commission award a contract to Duraclean, Inc. in the amount of $50,281.00
Funding is available from account 551-1575-591-45.50, Property Claims.
cc: Richard Hasko; Director of ESD
Randal Krejcarek; City Engineer
Jim Schmitz; Deputy Director Public Works
Chevelle Nubin, City Clerks Office
Robin Cox; Risk Management
Agenda File 7/25/06
File 2006-040(A) & 2006-041 (A)
C:\Documents and Settings\smithd\Local Settings\Temporary Internet Files\OLKBO\Agda Memo Durac1ean 08.05.06.doc
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Agenda Item Noh 1
-
AGENDA REQUEST
Date: 25 Julv 2006
Request to be placed on:
x
Regular Agenda
Special Agenda
Workshop Agenda
When: 5 Aua 2006
Description of item (who, what, where, how much): Commission approval/authorization for
Mayor to execute Contract with Duraclean, Inc.
The work generally consists of the following: Removal of drywall sections, insulation and vapor
retarder, wall coverings, carpeting, baseboards, door casings, wood flooring, ceiling tiles and
grid system. HVAC external duct and duct insulation. Cleaning and disinfecting of hard
surfaces, porous surfaces, HVAC supply and return registers, electronic equipment, wood
joists, textured ceilings, HVAC system cleaning, upholstered items and final cleaning.
Funding is as follows: Account # 551-1575-591-45.50 for the amount of $50,281.00 Bid tab is
attached for your review.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends ~tion
Department head signature R I.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (~~ on all items inVO~Ving xpenditure of funds):
Funding available~O :J--~
Funding alternatives . (if applicable)
Account No. & Description S ~I -I <:,7 r -~ 9/, C/~:- sO ?~fZ>tv1 vt CJ 1l/~'1. S.
Account Balance $ -
City Manager Review:
Approved for agenda:
Hold Until:
(2RIr
@/NO
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: Richard Hasko; Director of ESD
Randal Krejcarek; City Engineer
Jim Schmitz; Deputy Director Public Works
Chevelle Nubin, City Clerks Office
Robin Cox; Risk Management
Agenda File 7/25/06
File 2006-030(A)
S:\EngAdmin\Projects\2006\2006-040\OFFICIAL \agenda Duraclean OB.05.06.doc
/&tf;~
[ITY DF DElRAY IEA[H
DElRAY BEACH
F lOR I 0 1\
~
All-America City
'1111:
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444
561/243-7000
MEMORANDUM
1993
2001
TO: Doug Smith
Assistant City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Veterans Park Arbor/Trellis
DATE: July 17,2006
Attached please find an agenda request and three quotes to replace all 4 x 12 cedar beams
with decorative tail details on the arbor at Veterans Park. The arbor cedar beams are
rotted and all the steel brackets that hold the beams are bent creating a hazard for patrons
visiting the park. I recommend the job be awarded to the lowest bidder, Boyd S.
Boggess, who will replace the cedar beams using existing brackets and stainless steel
bolts and repaint the arbor at a cost of $16,840.00. Funding is available from account #
001-4131-572-63.40/Recreational Improvements.
Please place this on the August 1, 2006 agenda for City Commission consideration.
~
eldon
tor of Parks and Recreation
Attachments
* Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
<=6~.~
q
ri'
.
cTJ
J
JUL-14-200600:17 FROM:BOYD S. BOGGESS, INC 5612780602
TO: 2437268
P.l
PROPOSAL
Boyd Stuart Boggess ..--.. ______d I Proposal N~-m~--- --
License #CGC60433 J'~
Custom Woodwork, Construction Management Sheet No.Ol
777 E. Atlantic ~~~'_ ~i~e Z #227 D~lray Beach. _FL 33~8~5561) 245-1193 ate 71l2l2fi06___
Proposal Submitted To ~ Work T~ ~~ perfonned At
Name City ofDelray Beach Street Veterans Park Trellis
Street 434 S. Swinton Ave. City
City Defray Beach State
State FI. 33444 Date of Plans
Telephone Number 561.243.7339 Attn: Clayton Architect
.,
We hereby propose to furnish the materials and perfonn the labor necessary for the completion of
Rebuild and repaint trellis using existing brackets and stainless bolts
Plant material is to be removed by others prior to commencement
All lower 4x12 cedar is to be replaced
All upper boards are to be replaced
All tail details are to be duplicated
All wood is to be primed with kHz stain blocker and 2 coats premium paint is to be applied
50010 upon signing 50% upon completion
Garbage to be removed by others. Please note hardware is to be reused_
All material is guaranteed to be as specified. and the above work to be perfonned in accordance with the drawings and
specifications submitted for above work and completed in a substantial workmanlike manner for the sum f
lars ( )
With payments to be made as follows:
Any alteration or deviation from above specifications involving extra cost Respectfully submitted
will be executed only upon written order. and will become an extra charge
over and above the estimate. All agreements contingent upon strikes. acci-
denis, or delays beyond our control Venue for any litigation nccc:ssary to enforce Per
this contract shall be Palm Beach COUDty, Florida. Owner agrees to reimburse
Contractor for any and all expenses he incurs as a result of litigation or legal
proca:ding he pursues to enforce this contract. including but not limited to.
attorney's fees and court caSK
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactOl)' and are hereby accepted. You are authorized to do the work as
specified. Payments will be made as outlined above.
Signature
- 1
Date
Signature
--~
Past Due Accounts will be charged at 1.5% per month.
Page 1 ofl
Smith, Douglas
From: Schmitz, James
Sent: Thursday, July 27,20062:22 PM
To: Smith, Douglas
Subject: Vet's Park trellis
Boyd is out of town but returned the call that I placed to him this morning. All of the lumber is going to be
replaced and is all to be the same material, 4" x 12" rough sawn cedar (that is the beams and the upper boards).
The existing hardware is all stainless steel and he thinks it is all good and can be reused. If any of the hardware
needs to be replaced we, the city can purchase a few bolts or lags and provide them so the price will not change.
Hope this helps. Jim
James Schmitz
Deputy Director of Public Works
Environmental Services Department
Office (561)243.7334
Fax (561)243.7314
e-mail schmitz@ci.delray-beach.fl.us
7/27/2006
JUL-12-2006 12:24 PM V.P.H. BUILDERS
5617509625
P.01
~osaJ
V.P.H. Builders, Inc.
Vince Hock.born
Cell (581) 703.0.$58
Fax(561)7SO.8625
LIe:. # CS.cD4164-6
No. of
!ff'I!:i
a/he ria
PR
8TREET
CITY. STAT8 .I'd ZIP coos
AACHlTiCT
All_lIS QII...1ll4I8d to..... __1f1od. AJl work III oompIetod '" . work......lko
"""",or oo...-dl"llIDIlanda!ll pro"Uelll. Any __ or _li<Jn from tplI<l!IIclItign.
..low .......if>9l1lCl..COlIl.1OlII b;l_lMdonlr up""..ltlllnonara..ndWIII-" on
m.. ""_ Olllll'.... """'" lhO ntimlOIO, A111l1....._ ~ upon elrIk.. aooicIonl.
or _yO blI)<WId.... canlrlll Qwntr 10 ...... ~"'. IQmlIdo and _ .........'Y 1n.....IlCe.
au, WQ/tllIra "'" luIty co_1IY """",,,,-n'. C/lIII""""1Ion lno""'''''''
AUthotltad
Signature
Note: Thls plqlONl mtII be wilhdl1lwn
by us IIMl aOCllplIld w~hln
days.
~ccptanc( of ~po~ - The ~ pri<:eI, specI1\c8ljona
Ind ooncllllon8 I" PIiefIctory end life hemby lIllll8p1lId. You are IIUlhot1zad BIill1llure
Ie do IhII WCl~ as epeeIIIad. PlytllIInl will be I118de .. outllnad ablMl.
Page 1 of 1
Gaum, Alberta
From: Gilbert, Clayton
Sent: Monday, July 24, 2006 8:59 AM
To: Gaum, Alberta
Subject: FW: Vets Park Arbor - Requote
-----Original Message-----
From: BocaSteck@aol.com [mailto:BocaSteck@aol.com]
Sent: Sunday, June 25, 2006 10:56 AM
To: Gilbert, Clayton
Cc: painter@hartzellpaint.com
Subject: Re: Vets Park Arbor - Requote
Hartzell Construction Inc. hereby bids $28,800.00 to do all the work as per the scope emailed on 6/20/2006. Our
price includes minor concrete repairs to columns. We request that the Bougainvillea be cut back by your Arborist,
if you want to save it. Our price is good through July 28th as quoted.
William Stecklow
Vice President
7/24/2006
Page 1 of 1
Gaum, Alberta
From: Gilbert, Clayton
Sent: Monday, July 24,20069:00 AM
To: Gaum, Alberta
Subject: FW: Vets Park Arbor - Requote
-----Original Message-----
From: Gilbert, Clayton
Sent: Tuesday, June 20,20062:02 PM
To: 'BocaSteck@aol.com'
Subject: Vets Park Arbor - Requote
Please see the attached pictures:
Due to the increase in wood prices I am asking that you re-quote this project and hold the price quoted until July
28th, 2006 to allow for the processing of all required paper work.
All quotes must be received no later than Monday, June 26th, 2006 by 8:00 am to be considered via fax or e-mail.
Scope of Work: Demolish and rebuild/duplicate the arbor.
City of Delray Beach:
The City will remove all plant material off of the arbor before work is started.
The City will require the 4 x 12 cedar beams be returned to Building Maintenance (as long as possible)
Contractor Notes:
The contractor is required to supply all labor and material.
Use existing brackets to re-secure, use new and longer SS bolts to anchor.
Replace all upper and lower beams with new lumber to match existing.
Duplicate all wood details.
Seal w/ stain/paint as needed.
If needed, minor concrete repairs to the columns.
Any other item not specifically listed to provide a complete job.
Thank you,
Clayton Gilbert
Tel 561-243-7339
Fax 561-243-7314
7/24/2006
Date: July 17. 2006
AGENDAlTEM NUMBER:
~.~
AGENDA REQUEST
Request to be placed on:
_ Consent Agenda _X_ Regular Agenda _ Workshop Agenda _ Special Agenda
When: _August 1, 2006
Description of agenda item (who, what, where, how much):
Approval to replace all 4 x 12 cedar beams with decorative tail details on the arbor at
Veterans Park. The arbor cedar beams are rotted and all the steel brackets that hold the
beams are bent creating a hazard for patrons visiting the p~ I recommend the job be
awarded to the lowest bidder, Boyd S. Boggess. who will replace the cedar beams using the
existing brackets and stainless steel bolts and repaint the arbor at a cost of $16,840.00.
Funding is available from account # 001-4131-572-63.40.
Department Head
Signature:
~
I ecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: @/ No Initials: ti1:.
Account Number Of) / -- t/l 3/ '-!:72. h3-tf{)
Descriptio2t.c'-.fa h m.~ IVrtp yZ)Y ~ S
Account Balance: ~ I b oJ' ~ 4 0 a6lLL-l Ir ~ sR-
Funding Alternatives:
(If applicable)
City Manager Review: . ~cp
Approved for Agenda: @/ No Initials:
Hold Until:
Agenda Coontrn~.or Review:
Received:
~
~
[IT' DF DELHAY IEA[H
CITY ATTORNEY'S OFFICE
:'00 '\IW 1st AVENt T DIUV\Y BE/\CH. FLORIDA 33444
ITLEPf[ONE: :'\h l I'ii . I\CSI\lILE: :'\61/278-4755
DELRAY BEACH
Writer's Direct Line: 561/243-7090
t&e:I:III
All-America City
, 'III! DATE
MEMORANDUM
July 28, 2006
1993
2001
TO:
City Commission
David T. Harden, City Manager
FROM: Terrill Barton, Assistant City Attorney
SUBJECT: Amendment No.1 to Tri-Party Operating Agreement for the Miracle League
Field at Miller Park
Attached please find Amendment No.1 to Tri-Party Agreement between the City, Miracle
League of Delray Beach, Inc. and Anthony V. Pugliese, III, which addresses insurance
requirements.
Please
c
agreement on the August 1, 2006 City Commission agenda for
cc:
Chevelle Nubin, City Clerk
Joe Weldon, Director of Parks and Recreation
Tom Kwiatek, Recreation Supervisor
Attachment
~,~
AMENDMENT NO.1 TO TRI-PARTY OPERATING AGREEMENT
FOR THE MIRACLE LEAGUE FIELD AT MILLER PARK
THIS AMENDMENT NO. 1 to the Tri-Party Operating Agreement is entered into
by and between the CITY OF DELRA Y BEACH, FLORIDA, ("City"), MIRACLE
LEAGUE OF DELRAY BEACH, INC. ("MLDB") and ANTHONY V. PUGLIESE, III,
TRUSTEE FOR ANTHONY V. PUGLIESE, V ("Naming Rights Sponsor") on this
day of July, 2006.
WITNESSETH
WHEREAS, the City, Miracle League and Naming Rights Sponsor all
covenant and agree to amend and modify the Tri-Party Operating Agreement entered
into on May 3, 2006, in order to provide that MLDB shall indemnify Palm Beach County,
to provide insurance requirements for the Miracle League in connection with their use
of the Miracle League Field at Miller Park, and in order to provide that the Miracle
League Field shall be named the "Anthony V. Pugliese V Miracle Field.
NOW, THEREFORE, in consideration of the mutual covenants, stipulations and
agreements herein contained, the parties agree as follows:
1. The recitations referred to above are hereby incorporated herein.
2. Paragraph 6(b), "Naming Rights and Sponsorship", of the Tri-Party
Operating Agreement dated May 3, 2006, shall be amended as follows:
(b) The Miracle League of Delray Beach, Inc. hereby awards the
naming rights sponsorship of Miracle League Field to the Naming Rights
Sponsor as identified in this Agreement. The purchase of the naming right
sponsorship shall mean that the Miracle League Field shall be known as the
"Anthony V. Pugliese V Miracle League Field of Delray Beach", until January 29,
2079 when the City's lease with Palm Beach County for the use of Miller Park
expires so long as Naming Rights Sponsor agrees to provide fifty percent
(50%) of the funds necessary to repair or replace any major component of the
Miracle League Field due to wear/tear and/or expiration of product within three
(3) months after notice of need for same has been provided to Naming Rights
Sponsor and so long as the terms of this Agreement are met. Miracle League
of Delray Beach, Inc. agrees to provide the remaining fifty percent (50%) of the
funds within three (3) months of notice of need for same. If the Naming Rights
Sponsor does not pay the fifty percent (50%) of the costs for repair/replacement
of major components, then the Miracle League of Delray Beach, Inc. shall have
the right to pursue a new Naming Rights Sponsor and immediately void this
agreement and terminate all of the Naming Rights Sponsor's rights herein.
Major components shall include: field materials, fencing, scoreboard and
restroom/concessions building. If the City and the County renew their lease for
the City's use of Miller Park, then all parties to this Agreement may continue this
agreement upon mutual consent. A sign denoting this name shall be prepared by
the Miracle League of Delray Beach, Inc. meeting the ordinances and policies
of the City of Delray Beach, and shall be mutually acceptable to all parties. The
Naming Rights Sponsor signs shall be placed on top of the scoreboard, on the
Miracle League Founder's Wall and shall be included in all print media put out by
2
the City of Delray Beach or the Miracle League of Delray Beach, Inc. when
referencing the Miracle League Field.
3. Paragraph 11, "Indemnification", of the Tri-Party Operating Agreement
dated May 3, 2006, shall be amended as follows:
11. Indemnification/Insurance. Miracle League does hereby release
and agree to indemnify, defend, save, and hold harmless the City, and Palm
Beach County ("County"). its as well as all designees, officers, agents and
employees of the City and County from and against all claims, actions, causes
of action, demand, judgments, costs, expenses, and all damages of every kind in
nature arising out of or connected with, directly or indirectly, the Miracle League
of Delray Beach, Inc. and/or Naming Rights Sponsor's use and construction
of the Miracle League Field to the extent provided by Florida Statute Section
768.28. The Miracle Leaaue of Delrav Beach. Inc. shall also provide insurance
to cover leaalliabilities arisina from Miracle Leaaue of Delrav Beach Inc.'s use
of the field bY providina proof of aeneral liability insurance in the amount of one
million dollars ($1.000.000.00) per occurrence with an annual aaareaate of two
million dollars ($2.000.000.00) and shall list the City and County as additional
insureds on the insurance certificate. Any contractor hired by the Miracle
Leaaue to perform construction on the Miracle Leaaue Field shall also provide
aeneral liability insurance in the amount of one million dollars ($1.000.000.00)
per occurrence with an annual aaqreaate of two million dollars ($2.000,000.00)
3
as well as automobile insurance in the amount of one million dollars
($1.000.000.00) for all owned. non-owned. or hired vehicles and workers
compensation insurance in the amounts required bv state law. The Miracle
Leaaue's chosen contractor shall also list the City and County as additional
insureds on the insurance certificate.
4. All other terms and conditions of the Tri-Party Operating Agreement of
May 3, 2006 not in conflict with this Addendum shall remain in full force and effect and
are incorporated herein.
IN WITNESS WHEREOF, the parties hereto have set their hands, the day and
year first above written.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Jeff Perlman, Mayor
Approved as to legal form
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As5kCily Attorney -;(2 '1/00
4
MIRACLE LEAGUE OF DELRA Y BEACH,
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Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The
Jul'1
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foregoing instrument was acknowledged before me this ,;27+1- day of
, 2006, by J@-F-F f) ad e ( (name of officer or agent,
of officer or agent) of
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acknowledging), a --EJ or j do- (state or place of incorporation) corporation, on
behalf of the corporation. He/She is personally known to me or has produced
(type of identification) as identification and did (did not)
take an oath.
SWORN TO AND SUBSCRIBED before me this ;t-,+L day of ~, 2006.
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Notary Pub'tie .
My Commission Expires:
Catherine Inglese
Commission # 00565576
Expirea July 22, 2010
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STATE OF FLORIDA
COUNTY OF PALM BEACH
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,esf 'e (name of officer or agent,
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SWORN TO AND SUBSCRIBED before me this~~ay o't</ tvlc; , 2006.
NOTARYPUBUC'~llITEOFFlJ)RJDA~ a~~/LJ~
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Co~mlsslon #DD447994 My Commission Expires'
Expues: JULY 06, 2009 .
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The
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FROM:
DAVID T. H~~ NA
PAUL DORLI~~CP, DIRECT;
SCOTT D. PAPE, SENIOR PL
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TO:
THRU:
SUBJECT: MEETING OF AUGUST 1, 2006
CONDITIONAL USE REQUEST TO ALLOW A PRIVATE BEACH CLUB WITH
ATTENDANT RECREATIONAL, DINING, AND RELATED ACCESSORY
FACILITIES IN THE RM (MULTIPLE FAMILY - MEDIUM DENSITY
RES I DENTAL) DISTRICT ON THE EAST SIDE OF SOUTH OCEAN
BOULEVARD (STATE ROAD A-1-A), SOUTH OF CASUARINA ROAD (400
SOUTH OCEAN BOULEVARD).
The property is an unplatted parcel of land lying east of South Ocean Boulevard (State Road A-
1-A), west of the Erosion Control Line, and south of Casuarina Road. The area of the property
totals 0.70 acres and is zoned RM. The property contains a pool, a 1,523 square foot
cabana/bath house, and a 7,486 square foot restaurant (5,233 square foot building, 2,253
square foot exterior dining area) that was constructed in 1935.
The current development proposal involves the demolition of the existing restaurant and a
portion of the cabana/bath house and the construction of a two-story 6,794 square foot
restaurant (5,388 square foot building, 1,406 square foot exterior dining area). The
development proposal also includes relocation of the existing valet drop-off area within the
public right-of-way onto the subject property.
The conditional use application includes a waiver request or reduction to the following sections
of the City's Land Development Regulations:
1. LOR Section 4.6.9(F)(3)(e), which requires two handicap accessible parking spaces adjacent to a
valet queue.
2. LOR Section 4.6.9(F)(3)(g)(i), which requires a 10-foot perimeter landscape buffer consisting of a
hedge and trees 30 feet on center between the valet queue and the property line.
3. LOR Section 4.6.9(F)(3)(f), which requires a minimum length of 100 feet for valet drop-off/queuing
area.
4. LOR Section 4.6.9(F)(1). which allows a parking reduction upon receipt and acceptance of special
documentation that demonstrates a reduced number of parking spaces will accommodate a specific
use.
Each of these waivers or reductions will accompany the site plan to the SPRAB Board for their
consideration. Final action for numbers one through three rests with the City Commission, while
final action on number four rests with SPRAB with their action being appealable to Q!y
Commission.
Additional background and an analysis of the Conditional Use request are found in the attached
Planning and Zoning Board staff report.
C{ .-\\
At its meeting of June 19, 2006, the Planning and Zoning Board held a public hearing in
conjunction with the Conditional Use request and provided a recommendation on the four
waivers or reductions. After discussing the proposal, the Board provided the following
recommendation to the Site Plan Review and Appearance Board:
Waivers:
1. The Board voted 4 to 2 to recommend denial to the City Commission of a waiver to LDR
Section 4.6.9(F)(3)(e), which requires two handicap accessible parking spaces adjacent to a
valet queue, based on a failure to make a positive finding with respect to LDR Section
2.4.7(B)(5).
2. The Board voted 6 to 0 to recommend approval to the City Commission of a waiver to LDR
Section 4.6.9(F)(3)(g)(i), which requires a 10-foot perimeter landscape buffer consisting of a
hedge and trees 30 feet on center between the valet queue and the property line, based on
a positive finding with respect to LDR Section 2.4.7(B)(5).
Soecial Action:
1. The Board voted 3 to 3 on a recommendation to the City Commission of a reduction to LDR
Section 4.6.9(F)(3)(f), to reduce the required valet drop-off/queuing length from 100 feet to
approximately 75 feet.
2. The Board voted 6 to 0 on a recommendation to the Site Plan Review and Appearance
Board to deny the reduction to parking spaces required pursuant to LDR Section
4.6.9(C)(3)(d) by 12 spaces based on LDR Section 4.6.9(F)(1 ), which allows a parking
reduction upon receipt and acceptance of special documentation that demonstrates a
reduced number of parking spaces will accommodate a specific use.
Conditional Use:
The Board voted 6-0 to recommend approval of the conditional use to allow the private beach
club with attendant recreation, dining, and related accessory facilities in the RM zoning district
for Seagate Beach Club, 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
following modified conditions of approval:
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 vehicles are prohibited from being parked in areas other than designated spaces noted
on the Seagate Residences site plan.
4. That outdoor music is prohibited after 10:00 p.m.
5. That the applicant explores the possibility of expanding the valet queue by 5 feet to provide
dual stacking areas within a portion of the South Ocean Boulevard right-of-way.
6. That the beach chairs be stacked in groups at night perpendicular to the water line.
7. That an agreement be submitted that delineates the parking relationship between the beach
club and residences.
8. That a parking professional (valet service) be available for vehicle retrieval during business
hours.
9. That all lighting comply with Code of Ordinance Section 91.51 and all windows be tinted to
minimize lighting glow on the beach. All spotlights illuminating the grounds, building, or
beach area are prohibited during March 15t through October 315t. It is further recommended
that lighting standards available from the Department of Environmental Resource
Management and Florida Department of Environmental Protection be followed in the design
of lighting for this building.
10. That the management not prohibit nor discourage access to the State owned beach
seaward of the erosion control line adjacent to this property.
By separate motions:
Waivers:
1. Approve the waiver to LDR Section 4.6.9(F)(3)(e), which requires two handicap accessible
parking spaces adjacent to a valet queue, based on a positive finding with respect to LDR
Section 2.4.7(B)(5).
2. Approve the waiver to LDR Section 4.6.9(F)(3)(g)(i), which requires a 10-foot perimeter
landscape buffer consisting of a hedge and trees 30 feet on center between the valet queue
and the property line, based on a positive finding with respect to LDR Section 2.4.7(B)(5).
SDecial Action:
1. Approve the request for relief from LDR Section 4.6.9(F)(3)(f), to reduce the required valet
drop-off/queuing length from 100 feet to approximately 75 feet.
Conditional Use:
Approve the conditional use to allow the private beach club with attendant recreation, dining,
and related accessory facilities in the RM zoning district for Seagate Beach Club, 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 conditions of approval as
modified by the Planning & Zoning Board.
Attachment: P&Z Staff Report and Documentation of June 19, 2006
6 letters of support for the project
8 letters of concern for the project
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR SEAGATE BEACH CLUB
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use and waiver request has come before the City
Commission on August 1, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use and waiver request
for Seagate Beach Club. 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. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future Land Use Element Obiective A-1: This
objective requires that the property shall be developed or redeveloped, in a manner 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.
Is this objective met?
Yes No
b. Future Land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map. The subject property has a Future Land Use Map designation of GC and is
zoned PC.
Future Land Use - Is project's proposed location consistent with the
Future Land Use Map?
Yes
No
c. 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.
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
d. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
Yes No
e. Future Land Use Element Policy C-3.4: The City's Coastal Area is one
of its most valuable resources in terms of economic attraction, recreation, and natural
beauty. While action is appropriate to capitalize upon the economic benefits of this
resource, commercialization and promotion shall not occur to such an extent that they
diminish this beach resource.
Is this policy met?
Yes No
f. Coastal ManaQement Element Obiective 0-2: There shall not be any
development upon the barrier island which shall reduce hurricane evacuation time
beyond its present level or which shall lower the level of service at the intersections of
SR A-1-A and Atlantic Avenue; George Bush Boulevard and SR A-1-A; or at Linton
Boulevard and SR A-1-A.
Is this policy met?
Yes No
2
II. LOR REQUIREMENTS:
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. Hinder development or redevelopment of nearby properties.
Will Section 2.4.5(E)(5) be met?
Yes No
III. WAIVERS:
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;
(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.
a. Pursuant to LOR Section 4.6.9(F)(3)(e), valet parking may be utilized to
conform with the number of handicap parking spaces provided that at least two
handicapped accessible spaces are provided adjacent to the vehicle queuing area for
those vehicles that cannot be operated by the parking professional. The development
proposal provides only one handicap accessible parking space adjacent to valet queue.
The applicant has requested a waiver to reduce the number of handicap parking
spaces
Does the waiver request (reduce the number of handicap parking spaces from 2 to
1) meet all the requirements of 2.4.7(8)(5)?
Yes No
b. Pursuant to LDR Section 4.6.9(F)(3)(g)(i), a 10-foot perimeter landscape
buffer consisting of a hedge and trees 30 feet on center must be provided between the
valet queue and the property line and none is proposed. The applicant has requested a
waiver to eliminate this requirement.
Does the waiver request (eliminate the 10-foot perimeter landscape buffer) meet all
the requirements of 2.4.7(8)(5)?
3
Yes No
c. Pursuant to LOR Section 4.6.9(F)(3)(f), a 100 foot valet drop-off/queuing
area must be provided. The applicant has requested a waiver to reduce this
requirement from 100' to 75'.
Does the waiver request (reduce the valet drop-off/queuing area from 100' to 75')
meet all the requirements of 2.4.7(B)(5)?
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 and hereby adopts this Order this 1 st day of
August, 2006, by a vote of in favor of denial and opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
4
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
June 19, 2006
IV.B.
Conditional Use Request for Seagate Beach Club to allow,a private beach club with
attendant recreational, dining, and related accessory facilities on the east side 0
South Ocean Boulevard, between Casuarina Road and Bucida Road (400 South
Ocean Boulevard).
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner..... .................... HH Properties I, Inc.
Agent......................... Tom Carney
Applicant..................... HHC Florida, LLC
Location.......................... The subject property is located on
the east side of South Ocean
Boulevard, between Casuarina
Road and Bucida Road (400 South
Ocean Boulevard).
Property Size.................. 0.70 acres
Future Land Use Map..... MD (Medium Density 5-12 du/ac)
Current Zoning............... RM (Multiple Family Residential-
Medium Density)
Adjacent Zoning....North: OS (Open Space)
East: OS
South: R-1-AM (Single Family Residential)
West: RM
Existing Land Use.......... Private Beach Club
Proposed Land Use........ Conditional Use request to demolish
the existing restaurant and construct
a new 6,794 sq.ft. restaurant
Water Service................. Existing on site.
Sewer Service................ Existing on site.
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The action before the Board is making a recommendation to the City Commission on
the conditional use request for Seagate Beach Club to allow a private beach club with
attendant recreational, dining, and related accessory facilities in the RM (Multiple Family
- Medium Density Residential) zoning district pursuant to LDR Section 2.4.5(E).
The property is located on the east side of South Ocean Boulevard (State Road A-1-A),
south of Casuarina Road (400 South Ocean Boulevard).
The property is an unplatted parcel of land lying east of South Ocean Boulevard (State
Road A-1-A), west of the Erosion Control Line, and south of Casuarina Road. The area
of the property totals 0.70 acres and is zoned RM. The property contains a pool, a
1,531 square foot cabana/bath house, and a 4,716 square foot restaurant that was
constructed in 1935.
At its meeting of August 16, 2005, the City Commission approved Ordinance 62-05,
which amended the Land Development Regulations to allow private beach clubs as a
conditional use for certain areas that included this property in the RM zoning district.
At its meeting of April 5, 2006, the Site Plan Review and Appearance Board approved a
Class V site plan application for the demolition of the Seagate Hotel on the west of
South Ocean Boulevard and the construction of a 30-dwelling unit multiple family
development. The first floor parking area of this development will be owned by the
owner of the beach club and includes a surplus of 84 parking spaces that will be utilized
by the beach through valet service.
The current development proposal involves the demolition of the existing restaurant and
a portion of the cabana/bath house and the construction of a two-story 6,794 square
foot restaurant. The development proposal also includes relocation of the existing valet
drop-off area within the public right-of-way onto the subject property.
The conditional use application includes a waiver request or reduction to the following
sections of the City's Land Development Regulations:
1. LDR Section 4.6.9(F)(3)(e), which requires two handicap accessible parking spaces
adjacent to a valet queue.
2. LDR Section 4.6.9(F)(3)(g)(i), which requires a 10-foot perimeter landscape buffer
consisting of a hedge and trees 30 feet on center between the valet queue and the
property line.
3. LDR Section 4.6.9(F)(3)(f), which requires a minimum length of 100 feet for valet
drop-off/queuing area.
Planning and Zoning Board Staff Report
Seagate Beach Club - Conditional Use Request
Page 2
4. LDR Section 4.6.9(F)(1), which allows a parking reduction upon receipt and
acceptance of special documentation that demonstrates a reduced number of
parking spaces will accommodate a specific use.
The applicant has submitted a conditional use application and two waiver requests for
this private beach club, which are 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
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 MD (Medium Density 5-12 du/ac) Future Land Use Map
designation and RM (Medium Density Residential) Zoning District designation.
Pursuant to LDR Section 4.4.6(D)(11), Private Beach Clubs are allowed as a conditional
use in the RM 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 and sewer service is available to existing 8 inch mains along
South Ocean 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 an exfiltration trench located within the South Ocean Boulevard right-of-way. A
technical item is attached that the exfiltration trench be relocated onto the subject
property in accordance with the City Engineer's direction. There are no problems
anticipated in retaining drainage on site and obtaining any/all necessary permits.
Planning and Zoning Board .:J[aff Report
Seagate Beach Club - Conditional Use Request
Page 3
Traffic: A traffic statement has been submitted that indicates that the proposed
development will generate an additional 60 average daily trips and 5 additional p.m.
peak hour trips. 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 concern with respect to traffic concurrency.
Thus, a positive finding of concurrency can be made subject to the condition that a letter
to effect is received from the Palm Beach County 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
recreation facilities at build-out to meet the adopted standards". Since the beach club
does not include a residential component, there will be no impact on this level-of-
service.
Solid Waste: The existing 4,716 restaurant and 1,531 square foot cabana/bath house
generate a total of 68 tons of solid waste annually. The proposed 6,794 square foot
restaurant and 640 square foot cabana/bath house will generate a total of 89 tons of
solid waste annually, which is a net increase of 21 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: School concurrency is not applicable since there is no residential component
to the proposed development.
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.
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.
As noted previously, the club appears to have been first established in 1935 with the
construction of the restaurant. The proposed restaurant will be constructed essentially
within the same foot print as the existing structure. There are no physical concerns with
the proposed redevelopment of the property. However, the City has received the
attached letters that express concerns with the compatibility of the proposed
redevelopment. During review of the project, the issue of inadequate parking has been
repeatedly expressed from residents of the neighborhood. It is noted that the existing
Planning and Zoning Board ,,(aff Report
Seagate Beach Club - Conditional Use Request
Page 4
beach club and hotel are currently nonconforming with respect to parking. This results
in vehicles being parked in swale areas adjacent to the hotel. The elimination of the
hotel and construction of the surplus parking spaces with the condominium
redevelopment should alleviate the parking situation. However, a condition of approval
is attached that vehicles are prohibited from being parked in areas other than
designated spaces noted on the Seagate Residences site plan. The adjacent property
owner to the south of the beach club has expressed concerns with respect to noise
originating from the club; beach chairs remaining on the public beach (east of erosion
control line) over night; and inadequate valet queue causing vehicle back-up along
South Ocean Boulevard in front of his property. A condition of approval is attached that
outdoor amplified and nonamplified music is prohibited and that the beach chairs are
collected and stored west of erosion control line overnight. The Board may want to
consider limiting the hours of operation of the balcony and patio to restrict access such
as 10:00 p.m. Further, the adjacent property owner requested that some design
element be implemented to prevent club members from using the beachfront west of the
mean high water line in front of his property. Pursuant to Florida Statute 161.191, the
ownership of the property between the high water line and the established erosion
control line is vested in the State. This area extends eastward more than 400 feet east
of the high water line. Therefore, preventing club members from accessing the public
beach between the mean high water line and the erosion control line is not appropriate
as the public including the beach club members are welcome in this area. A barrier
preventing access is not appropriate and will not be required. However, in order to
mitigate the impact of the beach club, a condition of approval is attached that the 8-foot
high wall currently proposed along the south property line should be extended eastward
to the erosion control line.
Future land Use Element Policy C-3.4: The City's Coastal Area is one of its most
valuable resources in terms of economic attraction, recreation, and natural
beauty. While action is appropriate to capitalize upon the economic benefits of
this resource, commercialization and promotion shall not occur to such an extent
that they diminish this beach resource.
The proposed 6,794 square foot restaurant will be constructed within the same general
footprint as the existing 4,716 square foot restaurant. The proposed expansion of the
restaurant will not diminish the value of the coastline as an economic, recreation, and
aesthetic asset to the City.
Coastal Manaaement Element Obiective 0-2: There shall not be any development
upon the barrier island which shall reduce hurricane evacuation time beyond its
present level or which shall lower the level of service at the intersections of SR A-
1-A and Atlantic Avenue; George Bush Boulevard and SR A-1-A; or at Linton
Boulevard and SR A-1-A.
The upgrading of the existing beach club facility or the establishment of a new club will
not affect hurricane evacuation times on the barrier islands. Hurricane evacuation times
are primarily impacted by the number of dwelling units as residents attempt to leave the
area for safer accommodations.
Planning and Zoning Board ~laff Report
Seagate Beach Club - Conditional Use Request
Page 5
LOR SECTION 2.4.5(E) - 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 side by OS (Open Space); on the south
by R-1-AAA (Single Family Residential); on the east by RM (Multiple Family Residential
- Medium Density); and the east by the ocean. The adjacent land uses include: City
and State beach to the north and east; single family residential to the south, and
Seagate Hotel (proposed condos) to the west.
As noted previously, the surrounding neighborhood has experienced chronic problems
associated with the beach club and associated hotel on the west side of South Ocean
Boulevard. The principal issues relate to inadequate parking on the hotel site,
inadequate valet queue at the beach club, and nuisances generated by the beach club
such as noise and private use of the State beach.
The redevelopment of the hotel site to condominiums and resulting reduction in intensity
will help alleviate the parking problems associated with both the hotel and the beach
club. The applicant proposes to relocate the existing valet queue within the right-of-way
of South Ocean Boulevard onto the subject property. Given the configuration of the
property, the provision of a proper valet queue is problematic. The provision of a dual
valet queue would increase the performance of the queue by providing a drop-off and
pick-up lane. The applicant should explore the possibility of increasing the valet queue
5 feet into the South Ocean Boulevard right-of-way with the Florida Department of
Transportation. This will increase the valet queue width to 20 feet and provide sufficient
area for dual lanes. A condition of approval is attached that the applicant at least
explore this option. In order to better buffer the beach club from the single family
residence to the south, the 8-foot high wall along the south side of the property should
be extended eastward to the erosion control line and this is attached as a condition of
approval. Further, to enhance compatibility a condition is attached that outdoor music
including amplified or un-amplified should be prohibited. The Board may also want to
consider restricting the use of the balcony and patio by limiting the hours of use
(restricting late night utilization). Finally, the adjacent property has indicated that a
nuisance is generated by the beach club when their beach chairs are left on the State
beach. These beach chairs also negatively impact turtle nesting (March 1st through
October 31st) when they are stacked parallel to the water line. Therefore, a condition of
approval is attached that the beach chairs be stored west of the erosion control line at
night and that they are stacked in groups perpendicular to the water line.
Planning and Zoning Board ~taff Report
Seagate Beach Club - Conditional Use Request
Page 6
In conclusion, the proposed redevelopment of the beach club and the associated
Seagate Hotel will reduce the negative impact on the surrounding neighborhood if
approved as recommended by staff. Aside from the Seagate Hotel, the only other
developed property adjacent to the beach club is the single family residence to the
south. The proposed redevelopment of the beach club will not hinder the development
or redevelopment of this property.
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.
lOR Section 4.3.4CK) 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:
Front
Side Interior (North)
Side Interior (South)
Rear
25'
15'
15'
25'
40%
25%
25'
303'
15'
49'
14.3%
61.6%
Parking Requirements:
Pursuant to LDR Section 4.6.9(C)(3)(d), the required parking for the 6,794 square foot
restaurant is 84 spaces. Pursuant to LDR Section 4.6.9(C)(6)(d), the required parking
for the 640 square foot cabana/bath house is 13 spaces. The total required parking for
the proposed redevelopment is 97 parking spaces. The reconfiguration of the valet
queue results in the provision of one handicap accessible parking space on-site. The
remainder of the parking spaces will be provided off-site at the Seagate Residence
property located on the west side of South Ocean Boulevard. The Seagate Residence
project was approved with a surplus of 84 parking spaces. The beach club patrons
vehicles will be parked by valet attendants. Given the one handicap accessible space
on-site and the 84 surplus spaces, the proposed beach club is 12 spaces deficient.
Pursuant to LDR Section 4.6.9(F)(1), when, upon receipt and acceptance of special
documentation, it is conclusively demonstrated that a reduced number of parking
spaces will accommodate a specific use, the body which acts on the attendant site plan
may reduce the parking requirements accordingly. The applicant has submitted the
attached letter dated June 9, 2006 as the "special documentation" to justify the reduced
Planning and Zoning Board bldff Report
Seagate Beach Club - Conditional Use Request
Page 7
number of parking spaces. The applicant bases the proposed reduction of 12 parking
spaces on four points. The applicant notes that the proposed development is in effect a
shared parking configuration with the Seagate Residences on the west side of South
Ocean Boulevard. This is a compelling argument since the City would require only one
space per unit to be reserved for each residential unit if the project were located in the
CBO (Central Business District), GC (General Commercial), and PC (Planned
Commercial) zoning districts and the other approximately 1.5 spaces per units would be
part of a shared parking calculation. This would allow 43 of the 73 parking spaces
required for the 3D-dwelling units to counted toward shared parking. It is reasonable to
infer that not all of the 3D dwelling units will have two vehicles and that the guest spaces
will not be fully occupied at all times. Based on this logic it is likely 12 or more spaces
currently allocated for residential units would be available for beach club use. It is also
noted that the peak usage of the restaurant generally differs from the peak usage of the
beach club/cabana/pool house, which requires 13 parking spaces. Further, the
applicant indicates that due to the membership only beach club the restaurant does not
function the same as a standard sit-down restaurant and, therefore, does not warrant
the same parking calculation. The applicant has made a sound argument for the
reduction of parking based on the functional surplus of parking spaces, differing hours
of operation and the characteristics unique to the beach club restaurant. Since the
parking will be located off-site, a condition of approval is attached that a tri-party
agreement be submitted that delineates the parking relationship between the beach
club and Seagate Residences.
Valet Parkina:
As noted previously, the proposed development utilizes a valet for the parking of club
member vehicles. The applicant has indicated that the drive aisle along the west side of
South Ocean Boulevard will be utilized for stacking of vehicles during peak hours.
Given the pedestrian danger involved in crossing South Ocean Boulevard, a condition
of approval is attached that valet service be available during all business hours.
Handicap Accessible Parking:
Pursuant to LOR Section 4.6.9(F)(3)(e), valet parking may be utilized to conform with
the number of handicap parking spaces provided that at least two handicapped
accessible spaces are provided adjacent to the vehicle queuing area for those vehicles
that cannot be operated by the parking professional. The development proposal
provides only one handicap accessible parking space adjacent to valet queue. The
applicant has requested a waiver to reduce the number of handicap parking spaces
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,
Planning and Zoning Board ;:;taff Report
Seagate Beach Club - Conditional Use Request
Page 8
(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:
"..the Seagate Beach Club is all valet, and has never experienced a problem with any
vehicle not being able to be operated by the parking professionals. Notwithstanding the
foregoing, we have provided for one handicap space adjacent to the queuing area
which we believe to be sufficient based upon prior experience. "
It is noted that the private beach club is limited to members as opposed to open to the
public. The parking needs of the club members are known to the valet service, where a
public valet queue could never be prepared for special parking needs. The one
handicap parking space should be sufficient to accommodate the stated needs of the
club. Based on the above a positive finding with respect to LDR Section 2.4.7(B)(5)
can be made.
Valet Queue Length:
Pursuant to LDR Section 4.6.9(F)(3)(f), a valet drop-off/queuing area must be provided
with a minimum length of 100 feet. Greater queuing area may be required as a
condition of site plan or conditional use approval based upon the intensity of the use.
The length of the queuing area may be reduced when supported by a traffic study. The
proposed valet queue is approximately 75 feet long. The applicant submitted a traffic
study that indicates:
I~S documented in the traffic study, a maximum of approximately 44 inbound vehicles
are associated with the beach club during the peak hour. This translates to
approximately one vehicle every one and one-half minutes. Due to the low inbound
vehicular demand anticipated at the beach club driveway, a stacking for two vehicles
should be sufficient in order to accommodate the inbound vehicular demand.
Therefore, 40 to 50 feet of stacking should be adequate to accommodate the traffic
generated by the beach club."
Based on the applicant's traffic engineer's statement, the proposed reduction is
supportable. As noted previously, additional remote stacking is provided on the west
side of South Ocean Boulevard.
Perimeter Valet Landscape Buffer:
Pursuant to LDR Section 4.6.9(F)(3)(g)(i), a 10-foot perimeter landscape buffer
consisting of a hedge and trees 30 feet on center must be provided between the valet
queue and the property line and none is proposed. The applicant has requested a
waiver to eliminate this requirement.
Planning and Zoning Board ::>taft Report
Seagate Beach Club - Conditional Use Request
Page 9
Waiver Analvsis:
The applicant has submitted the following narrative in support of the waiver request:
"Please note that this letter is being supplied in the abundance of caution since we
believe we have met the LOR requirement for landscape buffering. We have supplied
more than the required amount of landscaping as per our submitted Landscape plan.
The issue has been raised that, due to the fact that the landscape buffer is located
within the Florida Oeparlment of Transporlation (FOOT) Right-of-Way, we do not meet
the Code provision. We believe this is an interpretive matter and note that the LOR
section states only that it needs to be provided. There is no prohibition noted against
using the FOOT right-of-way as the landscape buffer.
Prior to the submission of the site-plan, we confirmed with the FOOT of our intention to
use the right of way as a buffer and there were no objections, so long as the design and
materials meet FOOT requirements.
As you will note from the submitted site plan, there is 13 feet of buffer from A-1-A to the
side walk, a five foot side walk, and then an additional 15 feet from the edge of the
sidewalk to the valet queuing area (for a buffer space of 33 feet).
Our use of the right-of-way was principally due to the fact that the proposed structure is
set back as far as it could reasonably be set back. As you know, to the east of the site
is the Erosion Control Line and to the west is the FOOT right of way. These facts
coupled with the very irregular dimension of the site necessitated the use of the FOOT
right-of-way as the buffer."
With the proposed redevelopment, the applicant is required to relocate the valet queue
onto the subject property. Given the configuration of the property, compliance with this
regulation is problematic. The solution to the problem proposed by the applicant will
provide an effective buffer to the valet queue and maintain the required landscaping
within the right-of-way. It is noted that the applicant will need to provide a hold
harmless and landscape maintenance agreement and this is attached as a technical
item. Based on the above a positive finding with respect to LDR Section 2.4.7(B)(5)
can be made.
The proposed development is not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Site Plan Review and Appearance Board:
If the Conditional Use requests are approved, a site plan application will be processed
for the development proposal, with final action by SPRAB.
Planning and Zoning Board ::51aff Report
Seagate Beach Club - Conditional Use Request
Page 10
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
~ Chamber of Commerce
~ Via Marina
~ Beach Property Owners 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 and e-mail that expresses
concerns with respect to the proposed redevelopment of the beach club. 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 compatibility
of the beach club with the surrounding neighborhood. There are several conditions of
approval that address improving the compatibility with these neighbors. The applicant
has requested a special parking reduction based on the effective parking that will be
available within the Seagate Residence parking facility and the unique nature of the
private membership beach club restaurant facility. This reduction is supportable based
on the shared parking spaces that will be available and the members-only aspect of the
restaurant. In summary, the proposed development is an adaptive reuse of the property
that is constrained by the oddly shaped property. 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.
A. Postpone with direction.
B. Move a recommendation of approval to the City Commission for the conditional use
request to allow a private beach club with attendant recreation, dining, and related
accessory facilities in the RM (Multiple Family - Medium Density Residential) for
Seagate Beach Club, 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.
Planning and Zoning Board Staff Report
Seagate Beach Club - Conditional Use Request
Page 11
C. Move a recommendation of denial to the City Commission for the conditional use
request to allow a private beach club with attendant recreation, dining, and related
accessory facilities in the RM zoning district for Seagate Beach Club, 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), and Chapter 3 of the Land Development Regulations.
Waiver:
1. Move a recommendation of approval to the City Commission of a waiver to LOR
Section 4.6.9(F)(3)(e), which requires two handicap accessible parking spaces
adjacent to a valet queue, based on a positive finding with respect to LOR Section
2.4.7(B)(5).
2. Move a recommendation of approval to the City Commission of a waiver to LOR
Section 4.6.9(F)(3)(g)(i), which requires a 10-foot perimeter landscape buffer
consisting of a hedge and trees 30 feet on center between the valet queue and the
property line, based on a positive finding with respect to LOR Section 2.4.7(B)(5).
Special Action:
1. Recommend to the Site Plan Review and Appearance Board approval of a reduction
to LOR Section 4.6.9(F)(3)(f), to reduce the required valet drop-off/queuing length
from 100 feet to approximately 75 feet.
2. Recommend to the Site Plan Review and Appearance Board approval of the
reduction to parking spaces required pursuant to LOR Section 4.6.9(C)(3)(d) by 12
spaces based on LOR Section 4.6.9(F)(1), which allows a parking reduction upon
receipt and acceptance of special documentation that demonstrates a reduced
number of parking spaces will accommodate a specific use.
Conditional Use:
Move a recommendation of approval to the City Commission for the conditional use
request to allow a private beach club with attendant recreation, dining, and related
accessory facilities in the RM zoning district for Seagate Beach Club, 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
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;
Planning and Zoning Board Staff Report
Seagate Beach Club - Conditional Use Request
Page 12
2. That a letter be submitted from the Palm Beach County Traffic Engineering Division
with respect to a finding of concurrency.
3. That vehicles are prohibited from being parked in areas other than designated
spaces noted on the Seagate Residences site plan.
4. That outdoor amplified/nonamplified music is prohibited.
5. That the 8-foot high wall along the south property line be extended eastward to the
erosion control line.
6. That the applicant explores the possibility of expanding the valet queue by 5 feet to
provide dual stacking areas within a portion of the South Ocean Boulevard right-of-
way.
7. That the beach chairs be stored west of the erosion control line at night and that they
are stacked in groups perpendicular to the water line.
8. That a tri-party agreement be submitted that delineates the parking relationship
between the beach club and residences.
9. That a parking professional (valet service) be available for vehicle retrieval during
business hours.
10. That outside utilization of any outside dining area not extend past 10:00 p.m.
11. That all lighting comply with Code of Ordinance Section 91.51 and all windows be
tinted to minimize lighting glow on the beach. All spotlights illuminating the grounds,
building, or beach area are prohibited during March 1st through October 31st. It is
further recommended that lighting standards available from the Department of
Environmental Resource Management and Florida Department of Environmental
Protection be followed in the design of lighting for this building.
12. That the management not prohibit nor discourage access to the State owned beach
seaward of the erosion control line adjacent to this property.
Attachments:
. Exhibit "A"
. Conceptual Plans
. Location Map
. Letter from Thomas Carney, Jr. dated June 9, 2006
. Letter from Joaquin E. Vargas, dated January 20,2006
. Letters & E-mail of concern
Report prepared by: Scott D. Pape, Senior Planner
Planning and Zoning Board Staff Report
Seagate Beach Club - Conditional Use Request
Page 13
1. That a composite utility plan is provided that includes the proposed landscaping.
2. That the exfiltration trench be relocated onto the subject property in accordance with the City
Engineer's direction.
3. That the redevelopment complies with the development standards of the State of Florida
with respect to the encroachment into the Coastal Construction Control Line.
4. That all conflicts between landscaping and utilities and all physical improvements to the
property are resolved in accordance with direction by the City Horticulturalist and City
Engineer.
5. That the dumpster be redesigned so the doors do not face the public right-of-way.
6. Tree species shall be a minimum of 12 feet in overall height at the time of planting, with a
minimum of 4 feet of single straight trunk with 6 feet of clear trunk, and a 6-foot spread of
canopy. Native tree species shall be permitted to be 10 feet in height at the time of planting,
with a minimum of 4 feet of single trunk, and a 4-foot spread of canopy when it can be
demonstrated that tree 12 feet in height are not available. Because there is a shortage of
larger trees, the applicant shall provide a substitute species if the particular tree species that
was indicated on the plan is unavailable.
7. Palms must have an overall height of a minimumof 12 feet and a minimum of 6 feet of clear
trunk at the time of planting. Minimum overall palm height may be increased if palms are of
a nature that the fronds hang below an 8-foot clearance, and are further, located in an area
where pedestrians may be adversely affected by the fronds. The proposed Thrinax palms
do not meet this requirement. The applicant shall propose a substitute species that will
meet minimum standards if these palms are being counted in the calculations.
8. That the illumination levels are noted on the photometric plan.
9. That the sight visibility triangles (LDR Section 4.6.14) are graphically noted on all plans.
10. Thatthe drainage facilities are relocated onto the subject property.
11. That a hold harmless agreement is provided for the landscaping with the public right-of-way.
12. FDOT permits are required for this project. Submit copy of FDOT pre application letter to
City Engineer.
13. Provide FEMA Flood Plain designation for the property, the base flood elevation, and a
statement as to how the provisions of the Flood Damage Regulations (Section 4.5.4) will be
met.
14. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality
criteria (1 "). Provide signed and sealed drainage calculations and indicate how storm water
will be retained on site. See LDR Section 2.4.3 (D) (4) and (7).
Planning and Zoning Board ~taff Report
Seagate Beach Club - Conditional Use Request
Page 14
15. Show nearest existing drainage structures per LDR Section 2.4.3 (D) (3).
16. Clearly dimension driveway width. Maximum width of driveway is 24 feet.
17. Indicate sight distances at all ingress/egress points and all intersections. Sight triangles
should be indicated on landscape plans. Provide copy of the approved landscape plans.
Per section 4.6.14 of LDR's, any landscaping in the site triangle "shall provide unobstructed
cross-visibility at a level between 3' and 6'" this includes tree trunks.
18. Show nearest existing fire hydrants and add any necessary hydrants per fire department
requirements.
19. Indicate location of irrigation water meters (east of 1-95 only).
20. A c1eanout will be required on the proposed sewer service at the right-of-way line and/or
easement line.
21. Indicate typical configuration and location of proposed sewer services with cleanouts.
22. Provide note on both the Engineering Plans and the Landscape plans that there shall be no
trees or shrubs placed within water, sewer or drainage easements. Verify that no
landscaping is planted within these easements.
23. Developer to ensure that no landscaping is planted over any exfiltration trenches.
24. Provide traffic statement or study per LDR 2.4.3 (E).
25. Show all easements on landscape plans.
26. Provide a detailed description of how each of these comments has been addressed with
next submittal. Submit two sets of revised plans to the City of Delray Beach Engineering,
434 S. Swinton Avenue, Delray Beach, FL 33444.
27. Final Engineering comments will be generated after submittal of final engineering plans.
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SEAGATE BEACH CLUB
CITY OF OElRA Y BEACH, FL
PLANNING &: ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM --
MAP REF: LM898
THE CARNEY LEGAL GROUP, P .A.
Attorneys At Law
Thomas F. Carney, Jr.
Also admitted in MA
901 GEORGE BUSH BOULEVARD
DELRA Y BEACH, FLORIDA 33483
TEL: (561) 278-5565
FAX: (561) 330-8233
EMAIL: tfc@cameylegalgroup.com
Peter H. Carney
Also admitted in NH & MA
June 9, 2006
RECEIVED
JUN 0 9 2006
Mr. Paul Dorling
Director, Planning & Zoning Department
City of Delray Beach
100 NW First Avenue
Delray Beach, FL 33444
PLANNING & ZONING
Re: Request for Reduced Parking Requirement - Seagate Beach Club
Dear Paul:
This letter is a supplement to our earlier submission requesting that the parking requirement for
the above-referenced site plan be reduced pursuant to Section 4.6.9(F)(1) of the Land
Development Regulations of the City of Delray Beach, Florida.
Although the beach club is being individually considered in this Conditional Use Application, it
is part of the larger redevelopment of not just the beach club, but the construction of 30
residential units at the site of the old Seagate Hotel. In addition to the required handicap parking
spaces, included in the site plan for this project is an underground parking garage containing 125
spaces and surface parking with 31 spaces, for total of 156 parking spaces being provided. There
It is the intent that the beach club will utilize both a portion of the surface parking and a portion
of the underground parking in its operations. Included in the conditions of approval for the
Seagate Residences is a requirement that a parking agreement be established between the beach
club and the Seagate Residences ensuring that the requisite number of spaces would be provided
to each facility.
For the reasons stated in this letter, we believe it is appropriate and reasonable to grant a
reduction in the number of parking spaces which would normally be required pursuant to the
Land Development Regulations.
Essentially, there are four reasons which we submit as special documentation to support our
request. In particular, the reasons are as follows:
1. The redevelopment of the Seagate Beach Club is a direct result of the widening of AlA
which has created a non self-imposed hardship.
1
2. Projects of this type have typically been afforded the opportunity to utilize a shared parking
analysis.
3. An actual parking study conducted during the busiest week of the year indicated that the
actual number of vehicles being parked was less than the amount required pursuant to the LDR's.
4. The parking calculations for the "restaurant" are the same calculations as if the restaurant
were "public".
1. The redevelopment of the Seagate Beach Club is a direct result of the widening of
AlA which has created a non self-imposed hardship.
The Seagate Beach Club has been in existence in its current location for over 60 years. The
Beach Club and the Seagate Hotel (a 70 suites hotel across the street from the Seagate Beach
Club) have shared parking during this entire period. Currently, there are 99 parking spaces
available for use by both the Seagate Hotel and the Seagate Beach Club.
In early 2005, it became apparent that the proposed widening of AlA would cause a material
adverse affect on the current (and historical) operations of the Seagate Beach Club. The Seagate
Beach Club has traditionally operated a 100% valet parking service (that is, all of the patrons of
the Seagate Beach Club utilize the valet parking service which is situated in front of the Club
abutting AlA). The widening of AlA will essentially eliminate the ability of the Seagate Beach
Club to operate its valet parking service in its current fashion. Although it has been remarked
that the Beach Club could merely move its entrance back to accommodate the widening of AlA,
the way the Beach Club is currently constructed eliminates this as a practical option. As it is, the
Beach Club sits on a portion of the Department of Transportation ("DOT') right-of-way. It
would become, essentially, impossible to create any type of drop-of in front of the Club after
AlA is widened.
In response to attempting to address the negative impact which is being created by the road
widening and, at the same time, take into account the needs of the Club, its patrons, the users of
AlA, and the neighborhood, it was decided to reconfigure the Beach Club in such a fashion so
that it would be significantly "stepped back" from AlA to better address any traffic concerns and
to significantly reduce the stacking of cars as they would be dropping off patrons (removing
these cars from impacting AlA).
In deciding to move the Beach Club back, however, it became apparent that, as a result of the
current setback requirements, coupled with the limitations on construction due to the coastal
construction line and the beach erosion line to the east, the Club would be left with only a sliver
of property to maintain operations. The only solution was to reconfigure the entire Club creating
a second floor. I use the term "reconfigure" since this is, in reality, what is happening. This
should not be deemed "new construction" in the conventional sense. Under the circumstances, it
should be considered as essentially a reconfiguration of the existing floor space while taking into
account the particular limitations which this site must endure (the beach erosion line; the
construction control line; the setbacks against the DOT right-of-way). Clearly, the limitations of
2
this site have created a non-self imposed hardship for the Seagate Beach Club. But for the road
widening, the Beach Club would not undergo any of this. At best, this is "reconstruction" under
very special circumstances.
The resulting design accomplishes sufficient setback, a more aesthetically pleasing building, and,
at the same time, adds minimal additional square footage to the Beach Club restaurant
operations. Using a very simplistic analogy, the 'squeeze' resulting from the road widening to
the west and the beach erosion line to the east, what is being done is like taking a flat (one-
storey) piece of play dough and squeezing it to make a smaller footprint at the bottom but a taller
pIece.
Since this reconfiguration is a direct result of the widening of AlA, imposing new parking
requirements as if this were truly "new construction" is not fair to the Beach Club, since the
hardship was not of the Club's making. It should be noted that there is no increase in the square
footage of the reconfigured dining rooms. Currently, the Club has approximately 6,700 square
feet of floor area. The proposed reconfiguration provides for approximately 6,794 square feet of
floor area.
As mentioned, the current parking for both the hotel and the Beach Club is 99 spaces. Utilizing
the 0.7 spaces per hotel room analysis under the current LDRs, the total required parking for the
hotel would be 49 spaces (70 hotel rooms multiplied by .7 spaces per room). This means that the
total parking currently available to the Beach Club is 50 spaces. With the construction of the
new parking garage and surface parking areas at the Seagate Residences, the total parking will
now be 156 spaces to serve both the 30 condominium residences and the Beach Club. The
condominium residences, as per the approved site plan, requires 73 parking spaces. This leaves a
total of 83 parking spaces available for the Beach Club, or more than double the number of
spaces currently available.
Accordingly, it is our belief that no additional parking should be required by the mere fact of the
reconfiguration or "reconstruction under very special circumstances" of the Beach Club which is
a direct result of the widening of A-I-A, and that the parking being provided in the surface
parking area and the parking garage in excess of what is required by the Seagate Residences is
ample under the circumstances.
2. Projects of this type have typically been afforded the opportunity to utilize a shared
parking analysis.
As mentioned above, LDR Section 4.6.9(F)(1) provides, ''when, upon receipt and acceptance of
special documentation, it is conclusively demonstrated that a reduced number of parking spaces
will accommodate a specific use, the body which acts on the attendant site plan may reduce the
parking requirements accordingly".
The LDR's themselves provide for one competent methodology: the shared parking analysis in
LDR 4.6.9(C)(8).
3
Section 4.6.9(C)(8) provides that when a building, or combination of buildings, is used for both
residential and commercial purposes and is located within the CBD, GC, or PC zoning district,
the minimum total number of required parking spaces may be determined by the formula
provided in that Section. In this case, although the property is not located is not located within
one of those three zoning districts, the LDRs recognize that it is appropriate to use formula
which considers actual parking uses in a mixed use project.
The shared parking concept was developed by the City of Delray Beach because the City
recognized that, in certain types of projects (notably, mixed use projects), pure interpretation of
the code in imposing parking standards didn't really correspond to (or take into account) how the
parking would generally be used.
The idea behind the "shared parking" concept is to recognize the probable use of parking spaces
when those spaces have multiple users. Thus, the LDRs recognize that it is reasonable to
consider projected utilization as a methodology. Thus, for example, a residential project parking
lot which typically isn't fully utilized during the day might share those "empty spaces" with an
adjacent office building whose demand for parking is during the day but which would not need
the spaces (generally) outside of business hours. This recognizes a practical approach.
Since this practical approach is a recognized approach, it is reasonable that the Beach Club may
present this approach as competent evidence in requesting for a reduction of the parking
requirement which would seemingly be imposed by the LDRs.
This is a unique situation where the same activity, if located in those zoning districts, would be
afforded the opportunity to utilize shared parking calculations. In this case, the beach club is a
"conditional use" in the RM zoning district. However, in granting a "conditional use" for an
activity which is otherwise permissible in the CBD, GC, and PC zoning districts, it is reasonable
that it also implies that the activity also brings with it the other benefits with which it would have
been afforded had the conditional use not been required
As stated above, most of the mixed use projects are found in the CBD, GC, and. PC districts
within the City of Delray Beach. This is a unique situation wherein a beach club is situated
within an RM zoning district. As it is the usual practice to allow mixed use projects to utilize the
shared parking calculations, it is reasonable that the Seagate Beach Club and the Seagate
Residences be afforded the same opportunity to utilize the shared parking calculations as special
documentation pursuant to LDR Section 4.6.9. (F) (1) to determine the extent to which parking
is required at the mixed use site and whether a reduction is appropriate under the circumstances.
Utilizing the shared parking calculations table as set forth in Section 4.6.9(C)(8), the maximum
number of parking spaces at the peak period which would be required is 154 spaces (156 are .
currently being provided). This includes providing 12 full time spaces for the "bath house"
(which staff has interpreted that the LDRs appear require) even though the bath house is.strictly
utilized as bathrooms and changing rooms, and even though it is existing and not part of the
"reconfiguration" .
4
3. An actual parking study conducted during the busiest week of the year indicated that
the actual number of vehicles being parked was less than the amount required pursuant to
the LDR's.
A mentioned above, the LDRs already provide that, in certain types of projects, "projected" use
is a competent methodology in determining how many parking spaces should be required. In the
case of the Beach Club, in order to obtain as accurate information as is possible as to what the
actual parking needs of the beach club are, the Seagate Beach Club conducted a parking needs
study. This study was conducted during the week of February 18-25, 2006, which included
Presidents Day, which has historically been the busiest day of the year for the Seagate Beach
Club.
The results of the study during the busiest week demonstrate a parking needs requirement of 60
cars during the week days (50 cars during week nights), and on the weekend days, an average of
80 cars (55 cars on the weekend nights). Obviously, although this reflects the busiest week of the
year, the results support the fact that the 83 parking spaces being provided are more than
sufficient to meet the parking needs of the Beach Club.
It is important to note, that the parking at the Beach Club is a 100% valet service which generally
means that less space is needed to park the same number of cars (this is also provided for in the
LDRs) than would be the case in a self-parking garage. In this case, approximately 5 fewer
spaces would be required due to the fact that it is a 100% valet service.
If, as stated, the LDRs recognize 'projected use" as an accepted methodology in determining
parking requirements, it is reasonable that a study which empirically determines actual use be
equally accepted.
We submit this parking needs analysis of actual use as additional documentation, pursuant to
Section 4.6.9(F)(1) of the LDR'sin support of the request for reduced parking requirements.
4. The parking calculations for the "restaurant" are the same calculations as if the
restaurant were "public".
The LDR's, in setting forth the parking requirements as they relate to restaurants outside of the
core business district, assume that the restaurant is a "destination point" and, as a result, there is
an "inferred" greater demand for parking. Thus, whereas restaurants in the core business district
have a parking base requirement of 6 spaces per 1,000 square feet of space, "destination
restaurants" have a parking requirement of 12 spaces per 1,000 square feet (double the
requirement).
The above parking requirement for "destination restaurants" which is derived from the Urban
Land Institute, assumes that the "destination restaurant" is open to the public. The Seagate Beach
Club, however, is not a club open to the general public, and the restaurant service (especially in
the evening when the restaurant is principally used) is typically done by reservation (although
club members are permitted to walk in). Private clubs do not have the same waiting time to get a
table, etc., that typical open to the public restaurants have.
5
As currently determined, the parking requirements proposed at this site are double the parking
requirements that are imposed for the public restaurants located on Atlantic Avenue.
Accordingly, even though this is a private club, and the demand is significantly less, the parking
standard being applied is the most stringent.
Since this type of use is not generally permitted in an RM district, there are no specific
regulations pertaining to parking for this type of conditional use within the RM district.
However, it should be noted that the only zoning district which would permit this "club" use (as
currently scaled) is the CBD. Accordingly, it is reasonable to consider imposing the same
parking standard as what would be imposed in the CBD (e.g., 6 spaces per 1,000 square feet) and
not imposing the most stringent standard. This is particularly reasonable in light of the fact that
this is a "private" club.
For informational purposes only, additional support to consider reduced parking for private clubs
can also be found in LDR Section 4.6.9 (c) (6) (r) "Yacht Clubs" which provides that the parking
requirement for a Yacht Club is "one space per 1,000 square feet of floor area and outdoor
seating/eating areas".
Conclusion
For the reasons stated herein, we hereby request a reduction, pursuant to LDR Section 4.6.9
(F)(1) in the parking requirements as currently determined. The approval for the Seagate
Residences requires that 73 of the spaces be set aside for the Residences. In recognizing the fact
that the surface and garage parking will be used by both, we request a finding that the parking
spaces in excess of what is required by the Seagate Residences are sufficient to meet the parking
requirement of the reconfigured beach club.
If you need any additional information, please do not hesitate to contact me.
Sincerely,
The Carney Legal Group, P.A.
B;'::buv
Thomas F. Carney, Jr.
For the Firm
TFC/db
Enel.
6
Jan 20 2006 12:05PM HP I ASERJET FAX
p.2
Trlf Tech
ENGINEERING.INC_
Janumy 20, 2006
Mr. Paul Darling
Director of Planning
City of Delray Beach
Delray Beach, Florida 33445
Re: Seagate Residences and Beach Club
Dear Mr. Dorling:
The purpose of this letter is to document the vehicular stacking requirements associated
with the proposed beach club expansion. The beach club is part of the Seagate
Residences and Beach Club project planned to be located on both sides of State Road
AI A (South Ocean Boulevard) between Casuarina Road and Bucida Road in the City of
Delray Beach.
A traffic study was undertaken for the subject development by Traf Tech Engineering,
Inc. (A copy of the referenced study is attached for your reference). As documented in
the traffic study, a maximum of _approximately 44 inbound vehicles are associated with
the beach club during the peak hour. This translates to approximately one vehicle every
one and one-half minutes. Due to the low inbound vehicular demand anticipated at the
beach chlb driveway, a stacking for two vehicles should be sufficient in order to
accommodate the inbound vehicular demand. Therefore, 40 to 50 feet of stacking should
be adequate to accommodate the traffic generated by the beach club.
Please give me a call if you have any questions.
TECH ENG~'RING, INC.
~e~W
E. Vargas, P.E OE
Transportation ngineer
8400 North University Drive, Suite 307, Tamarac. Florida 33321dTel: (954) 582-0988 Fax: (954) 582-0989 E-mail: joaquln@traftech.blz
Page 1 of 1
Valek, Denise
From: Peter Dwyer [Dwyerbuilds@msn.com]
Sent: Monday, June 19, 2006 3:09 PM
To: PZmail@MyDelrayBeach.com
Cc: 2kimdwyer
Subject: Support for Redevelopment of the Seagate Beach Club
Attn: Paul Dohrling
My wife Kim and I would like to offer our support for the Seagate Beach Club redevelopment project. Our home
address is 711 Seagate Drive, just a short walk from the beach club. We feel this is a well planned proposal that
will provide lasting benefits to the beach area.
Thank you for your consideration.
Sincerely,
Mr. and Mrs. Peter H. Dwyer
6/1912006
Darling. Paul
From:
Sent:
To:
Subject:
pryseelam@bellsouth.net
Monday, June 19,20063:14 PM
Dorling, Paul; Harden, David
Seagate Hotel
I live at 219 SE 7th Avenue in Delray Beach. I am writing in support of the redevelopment plan for
the Seagate Hotel. As a resident in the area, I have had the opportunity to use the former Seagate
Hotel. I have also had the opportunity to review the new plans. I find the design interesting and
aesthetically pleasing. I think the addition of this project to Delray would mark a significant
improvement over the current facilities. I would ask that you support this project as well.
pryse R. Elam
219 SE 7th Ave
Delray Beach, FL 33483
1
Page 1 of 1
Darling, Paul
From: Janice Stofft [janice@stofft.com]
Sent: Monday, June 19, 2006 3:17 PM
To: Dorling, Paul
Subject: Seagate Club
Please note that I am in strong support of the redevelopment of the Seagate Club. I am a Seagate area residents
and believe that the development of the club would be a positive asset to the area.
Thank you,
Janice Stofft
6/26/2006
Page 1 of 1
Darling, Paul
From: William Morris [bill@southcp.com]
Sent: Monday, June 19, 2006 3:54 PM
To: Dorling, Paul
Subject: Seagate Club Redevelopment
On behalf of my wife and I, we wanted to go on the record stating that we strongly support the
redevelopment of the Seagate Club. We have been residents of Delray Beach and the Seagate area for
over 15 years now and believe that it is in the best interest of neighborhood and the City to have this
well located property undergo the posted redevelopment plan.
Very truly yours,
William Morris
1046 Melaleuca Road
Delray Beach, FL 33483
561-265-1123 Fax 561-265-1705
Cell 561-441-6754
bill@southcp.com
6/26/2006
Page 1 of 1
Darling, Paul
From: Thomas F. Carney, Jr. - Carney Legal Group [tfc@carneylegalgroup.com]
Sent: Monday, June 19, 20064:01 PM
To: Ellen E1am
Cc: Harden, David; Dorling, Paul; Pape, Scott; Tony Wilson
Subject: Re: Seagate Club
Ellen,
thankyou very much for your voice of surrport. I am sending this off to the Planning and Zoning Department for
their files as well.
Sincerely,
Tom Carney
----- Original Message -----
From: Ellen Elam
To: tfc@carneylegalgroup.com
Sent: Monday, June 19,20063:29 PM
Subject: Seagate Club
I have lived in (as well as just outside of) the Seagate area for the past 11 years, and have witnessed many
positive changes to the area. I love Delray and strongly support the development of the Seagate Club. I think it
will have a positive effect on the Delray area and our wonderful Atlantic Avenue.
Sincerely, Ellen Elam
Currently: 219 S.E. 7th Avenue
Previously: 513 Sea Sage Drive
6/2612006
Darling, Paul
From:
Sent:
To:
Subject:
Eric Cherry [echerry@icnltd.com]
Monday, June 19, 20064:05 PM
Dorling, Paul; Harden, David
Seagate Club redevelopment
>>
>>
>>Dear Mr.Dorling & Mr. Hardin;
>>
>>
>>My wife and I live and own a home on the ocean just south of the
>>Seagate
>>Club in Delray Beach at 1111 South Ocean Blvd..
>>
>>We strongly support the redevelopment of that property and feel it
>>would
>>further enhance the reputation of our community.
>>
>>Delray has become the standard of what other communities are trying to
>>achieve and approving this project will continue us in that direction.
>>
>>Sincerely,
>>
>>Eric & Veronica Cherry
1
SAFETY As FLORIDIANS EXPECT
]7~: ~8eacbllaly&Jr amd,tbeOeimlJBeadoCitfilOGmllillissirmers
Subject: Seagate Beach Club
From: SAFE ~ As Aoridians ~)
SAFE respectfully asks the Delray Beach Mayor and City Commissioners to deny:
1. Special action to reduce the number of required parking ~acesby(12),
2. A waiver to reduce the number of handicap accessible paddng $paces adjacent to a
valet queue fr;orn (2) to {1} and, .
3. Special action to reduce the required valet drolMlff/queuing length from 100' to 75'.
.~L- '1 __. --.18 _Vf"'c."~~i<-.~stIIJi 11 ~i~_"
.'.116..:.". -, alw:.,-.e8WJTn .da~~liIIIIIl)lliil._.1 V__....L
- rrr
'" ,1 ~ ~I ,.,-c,r. --; I ~
The 1ocstion of the Seagate Beach Club -east of State Road - A fA, in a very compaotspace,
and in the middle of an s-shaped curve - ,poises a fNstrating and dangerous situation .for
other drivers, pedestrians, and bicyclists -traveling along State _ Road A 1A. SAFE believes the
safest valet service would be one located on the 'West side of A 1A, with a tunnel for access
(similar to the golfers' tunnel in Gulf Stream). SAFE asks the City Commission to consider
this ;possblesolution.
~f the City Commission opts not to consider the aforernemioned solution, SAFE requests the
City Commission to adopt two new conditional uses to be part of the three-way parking
agreement with the Seagate Homeowners and the Seagate Beach Club.
First, if there are a total of either three crashes or three verified ROW baclq>s (or a
combination of crashes or backups) in any calendar year, then the valet operation will be
moved to the west side of A1A(except for wheel chair bound members) and that the Seagate
Beach Club wll hire an off duty policeman to safely escort members across State Road A 1A.
Second, if there are a totsI of three verified incidents of spill-over parking in a calendar year,
then the Seagate Beach OIub wit either lease sufficient offsite parking to remedy the spill-
over, -or lease .parking spaces from the City. (The City might be wiling to issue daytime
passes for use in the Anchor Part iIot, and night time passes for spaces along A fA).
Thank you for your consideration.
~~
SAFE Chairman
The Seagate Beach Club should have no problem in agreeing to these tenns since it pubrlCly
stated at the P & Z Board Meeting that there will be neither a valet nor a parking problem.
Qkx'
Charles
SAFE President
ADVANCE REMARKS
P & Z'Meeting
Seagate Comments: Jim Smith
June 19, 2006
The applicant is using a shoe horn in asking for four waivers all of which
indicate that the applicant is trying to squeeze too much development into
too small a space.
The applicant states that it is a hardship for the developer to vacate the
public ROW. For decades, parts of the entrance to the club and its entire
valet operation have been located on land that the public owns. Hardship?
Balderdashl The hardship has been ours; we should be sending them a
bill for back rent.
If you'll please turn to page 5 of the staff report, you'll read that Staff
describes the operation of the queue as "problematic, without obtaining
approval from FOOT for the width needed to operate a dual valet line".
Staff has asked the applicant "to explore this possibility"; instead, staff
should require FOOT approval before Board action. Without FOOT
approval, the valet queue should be moved to the other side of A1A, and
the Club should hire an off-cluty policeman to help guests cross the road.
Also, Staff should independently verify the adequacy of the parking
estimates provided by the applicant. Where will the 20 or 30 restaurant
employees park? They can't throw "spooky dust" on their cars and make
them disappear. And, 73 parking spaces for (30) 3, 4, 5 bedroom units will
not be enough. Real demand will be closer to 3 cars/unit. This is too
important a re-development for staff to simply accept studies from the
applicant as" the bible",
The Seagate has been an exemplary corporate citizen for many years,
and we wish them continued success; however, they should not be
allowed to overdevelop by proposing sub-standard parking and valet
services. Neighbors will feel the pain if these waivers are granted. Also,
the Seagate should enthusiastically support the preservation of the
historically significant bar area.
I respectfully ask that the board either deny all four waivers, or at a
minimum, postpone its recommendation subject to direction.
JUH-16-2006
10:11 PM
P.01
June 16.2006
FAX
To: Marl, Hornberger -? "L) 7 s
From: Carolyn Patton ..,.;> r
RE: Original Seapte Bar loffice 1935
Recently, in researchin& the history of AlA, we havo confirmed that your building (the original bar/office)
is eligible for dto Local Register of Historic Places.
Although some reel these designations deter futuro land value, the reality t. to the COIttnuy. These benefits
would accrue to you by listing your property OIl the local ragiJter:
1) You can have your county property taXes frozen at their current rate for a period often years, even if you
make an unlimited amount of improvemonts to the property. The improvements simply must leave intact the
historic msldencc (building).
2) Studies across the country show that historically listed properties maintain. and actually outreach. the
property values of new construction in the same area. We ha~e attached one of these studies and have more
on file for your review.
3) You wc)U(d be preserving 8T1 impcmant part of the history of Del ray Beach. Florida. The public l'clatioos
beneflts would be enormous.
4
4) If you think of Joe'$ Stone Crab$ in Mbmd Beach. where the original bar/resta.urant was made pan of the
expansion. evet}' single person who visits that establishment goes to see the original area. VOW' bar/office.
preserved in its rightfUl 5itc, on the grouncb orthe Seagate) would accrue interest and pleasure to the
re$idents and guests of the new Seagate. As I discussed with you this moming. The National TnlSt for
Hi$toric Preservation has an oft1cial policy against moving historic 5tructu1'ea.
Pl=se call me itl can Ill\swer any questions or provide any mOl"Cl information.
Slnceroly. / J
C8rolynPa~
Cc: Ms. Sherry Anderson, An:hJtectural Historian. State of Florida
3UN-16-2006 10:12 PM
P.02
P.Oti
Jun 06-~e 01:26P
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Designation of the Ocean g'each Historic: District
(area south of 6th Street)
City Commission Meetfngs To Discuss:
Oceln Be.ch Hiuonc: OI,enCIII.t Rc.dr",. W.d. Jolin, 20411\ 11;00 AM
2nd R.adlns- W.d. Feb. 7th .$:01 PM.
Cily Commission Chamb~rs, Miami Beach City Hall
1700 Convention C~n~ef Driv~
Benefits of Historic Preservation include...
. Curren I .lIn.lllys~s of cwn~'cc:::J~ied '\~.i4mi Bedch resde~li.a1 ~roperti~~ ,u~!Iest th,! loc.tio" within or
proxImity te . c:~niried historic dhllict pradllce: an increase in ",Ie pric~, l'.:V~n Ihouin ow.,er.c:<:::upie:i
propcrl)' do~ not !:lu.tI.Jy far Fe::J~dl rcfwe:.li!,alien lilt c:edilS. This df<<1 s" result ollr.e "~tab.I,tlr.g" of the
~urrou"d:n!l :"Iei9~b~hood$ vi. !"slc:ri: slar.da:ds. Pre';mll""1")! ,l:.ldi~ ,~Ow I~.t u:sde:'!lIdlly.zoned ...dellnl lo:s
kx3lCd in F.cce:tll h;uoric :i;,UIC:3 "I:r.te~ed cI pr co: p'P.:'!HUM d d$ l'tIu:h H 131%,
. ^ 'CV!ll:"N Of :hirty.u~ve"\ bdld:"9S ICC.lllcd _ilhtr. le~JIIy d~i'tI.led Micl/T',j Beach hislOPC d'Slf;:::! Jlustwe 1".1
S.i:u In sale price premiumt f4ftge FrQm 17 to 36 perC;l:'l1t cornp,arcd to sh1\il.., J:lropertles lac:at~d
outside af the dlstric:tt.
. t'ew c~nstructiQn otpptove:d fer I:'lC Hi$lcri-: Diu'!'::l rlC"infcrees "and .".II1:.il'5 the sJ:lflci.1 Ch"'4cler of the
neighborhood. b'Hir,g buildin,!!s i.,\ the ::JroPQu::! Cce.n Be:!::h Hi5lct,:: DisL'ict c:an enl Cc n~ proj<<:s
1urrcund:r.s the Oistri.:: 10 be u:n~ltive [0 t:,e neighbClhood .nd cromote comO.ilible d~s gl'ls un~~t the c.:y\
Ocsisn Guidehnes ,,",41 _ouid not .fiee: :hoe spec:,,1 ::h.u,tC:;lc' or :hc olr~".
· The pfestisc 01 ~vins in .an 11IStCfic dutrk: is .. J:oSlliv~ ~ne::! or hilterie ciiwiel dcsigruliQn. ^ recenl review
of redl est.ltc buyer opinion illustr,ares I wlllln,ncss ot up~e'N:nd sil'\sle .nd multi-(.mily home buy~r'
~o poly.. greater prem!:..a::t for I:Y!:1!!1Ir. desi!j:'l.:ued h!:stor!r: distri::!$_
. R~iden!s of historic districh :',vf the ,Uut,U'lC:l!: t",at .ny future new' C:C",trur::lon will rl!:spect lh~
ch.r,ac:ter that ..tt~,ac:tcd them ~o ~he ,ne., .
Please attend this important meeting 4nd support the de'Signdtion of
Ocean Beach...where Miami Beach was bornl
M~mi DCliSI'l Prese.....tio~ l~gue
POSI O{liCc BOI( 190\80
Mi"mi Be.c:" F1o'jd. 33119.0190
(305) 672.20' 4
l
!IJ
JUN-16-2006 10:13 PM
PROPERTV VALI:ES
, "It
Aeroll Vlr&inia thOWlan~a orhista~e properties arelcc:a~d i" local
Historic Ot.tric:ta. Propeny owners oaen uk, -will beinK in thJ.
historic clinrict adv.nel;y alf'ect 111)' propefty's v.lue.. Hen i. what
we have leamed:
From Shl.lCKOe Slip in Richnto'nd: -lB)etw..n :980 and 1990, the
u....men\: :.etal mad8 a qU8r.tum leap ~pwud by 245 perc.nt, from
$23.135.S86 tlJ 556,;61,000. CltY'l-;.de t:le .e'~egate value of real
estat4! incM!&$flc! ~yS.9 percent'" The Im.portance of Hlstol'lc Pre$er-
varian in D()u'nrown Richmond: Sho~k~ Slip .<\na, A CQ.~ Stud.y.
From Fred..ricksburg: "Thue findings Indicue :.hat proper'des
withir: Fred~ncks?urg's historic: distric: gained appreciably more
in value ove-:- thO! la~t 20 ye!lra than prope!':ies loellt~ elS4wheT& in
the city" The Econl'Jrnic: B~fIiqi.:.! Q; Prf$t!f'4.'in8 Cont:r.ttmt.\. CAa1'c.c'
tel'. Fr~rirtrir:ltt~bttTI. VirzilHo Can Stttd~',
...
Again from Riehmond: ~e apj:lrecta:ion oCrenovaeed hhstoric: prop-
erties Is substanti3:ly creatar thaE:\ t~~ .~pl"ec:iation ~ate5 for new
construc:ion and unre:Stored h~storic: pl'opel'ties...The per aqWU'e
.roota~e value Q~th. renovated properties Is $21 a squar. foot C'!"tlaeer .
than that or new cons:ruc:tio,n.~ T"~ Importtl.n.cl! of Hi.toNe PrUfll"
tU:ticl1 in Dol.l..r.tou:Jt Ric!'-mor:.d: FranJclin S'I'eet, A Ct:u Study,
And in St.aunton where we took a c1emiled look In the prltparatian
ohMs ~tudr: Between 1987 and 1995 Staunton residential ~rop.r-
P.03
't' ~.
. ~
, :.
.~
"First, state and federal
'designations clearty ta!<a
no existing value from
designated properties.
Second. local real estate
markets show no
discernible trend tcwara
s:ngling out designated
landmarks as less
desirable than simiisr
undesignated propert!-es."
The Finane/a/Impact of
HIsToric Designation
~.,:1ij~: e6~:'
. .' k~va:..
LEVY KNEEN, P.L.
ELEANOR B. HALPERIN
ATTORNEYS AT LAW
BOARD canrnm IN REAL ESTATE LAW
DIRECT 561.478.4722
ehalperin@levykneen.com
13 January 2006
Tom Carney
Carney Legal Group
901 George Bush Boulevard
Delray Beach, FL 33483
Re: Seagate Beach Club
Dear Tom:
I am a little surprised that I have not had the courtesy of a reply from you since our
meeting on Wednesday, December 21sl. It certainly does not reflect the tone you
set that the developer wants to accommodate Mr. Pechter's needs as much as
possible.
Below, please find a summary of the items we requested be included in either the
design or operation of the Beach Club:
· To mitigate the views and noise from the addition of a second story, we
presented several alternatives for consideration: dense landscaping; an 8-10
ft. masonry wall; landscaping on top of an 8-foot masonry wall; the inclusion
of a water feature,
· You were going to inquire whether or not the developer would be willing to
use a trash compactor rather than a dumpster. We also suggested that
something be installed under it to absorb some of the noise when it is moved
in and out.
· You were going to inquire as to whether or not construction will take place
on the weekends. If so, you thought that the owner might be willing to start
work no earlier than eight 0' clock.
We then disclJssed the location of the new building, I asked you to confirm that the
existing footprint is not being used, but rather the building is being angled more
towards the north. We felt that this would help the employees and the members'
perception of where the property lines are located so that chairs and trash would
more likely stay in front of the beach club rather than Mr. Pechter's property. Both
property owners should agree to respect the extension of each others boundaries
onto the bea"ch by keeping the area free of trash and removing all chairs and
equipment at the end of each day. To help your members and staff, we would like
1601 FORUM PLACE . SUITE 300 . WEST PALM BEACH, FLORIDA 33401
FACSIMILE 561.478.5811
Tom Carney
13 January 2006
Page 2
the Beach Club owner to agree to post a sign along the south property line to the
effect of "no chairs beyond this point". Further, we would like you to agree to keep
the A TV vehicle within those boundaries and only operate it during daylight hours.
Last season, Mr. Pechter's daughter was nearly run down by the A TV when an
employee was delivering drinks to members.
Since this may be heard by the Planning and Zoning Board shortly, it is important
that the City be made aware of the issues we have discussed. By copy of this
correspondence, we are requesting that the City monitor these issues and consider
imposing many of them as conditions of approval on the conditional use to mitigate
the impacts of the addition of the second story and to insure that the existing
problems are not repeated. In addition to the items listed above, we would like the
COA to include the following provisions:
. All outdoor speakers and lighting be directed to the north.
. All outdoor entertainment and music cease after 10:00 pm.
. No off-site parking should be allowed and street parking should be
specifically prohibited. This will limit the number of members, their guests,
employees and contractors that will be using the Beach Club to the number
of parking spaces assigned to the Beach Crub.
· All outdoor mechanical equipment, including the HV AC units, be completely
blocked from view.
Finally, we would like to know if the conditional use will allow the Club to be open
to the "public" for special events or if temporary memberships will be allowed.
Since there is a local hotel owned and operated by the same principal, we want to
prevent an increase in the use of the Club beyond that which existed when Mr.
Pechter bought his property. For instance, will hotel guests be bussed to the Club
for a minimal membership fee? Can a hotel guest become a member for a day in
order to use the Club for a wedding?
Thanking you in advance for your time and attention to this matter. I look forward
to receiving your responses.
~
Ellie Halperin
-
------.
EBH:mr
cc: Scott Pape, A,I.C.P., Senior Planner
Jeffrey Pechter
Page 10ft
Pape,Scott
From: Eleanor Halperin [ehalperin@levykneen.com]
Sent: Thursday, February 16, 2006 12:29 PM
To: Pape, Scott
Subject: Seagate
I spoke with my client regarding some of the questions you raised during our meeting and can advise you as
follows:
1. The noise was a problem about 6 nights a month, mostly on the week-ends with special events. It was not
only amplified music, voices, particularly when DJ's were encouraging people to "scream!!".
2. The beach chairs are stacked sometimes, but other times they are just left out on the beach. After our
meeting, I went over look at the area and noticed that the stacked chairs are located about half way between the
end of the sea grapes and the water - they seem to be permanently located on the state beach
3. The back up of cars in front of the house does not happen very often. The problem is employees and the valet
parking cars under trees on both sides of AlA and on the side streets all day.
4. I observed that the awning frame is still on Jeffrey's property and has not been removed. I understand that
they did remove the blue and white cover at one point, but the frame was still there.
I would appreciate if you would let me know if you made any decisions regarding the conditions we discussed.
Thanks.
Ellie Halperin
Levy Kneen, P.L.
1601 Forum Place Suite 300
W. Palm Beach, FL 33401
561.478-4722
7/5/2006
From: Mr. and Mrs. Michael R. Langley
1026 Bucida Road
Delray Beach, Florida 33483
To: Mr. Scott Pape
Planning and Zoning Department
City Hall
100 NW 1st Avenue
Delray Beach, Florida 33444
Date: February 28th, 2006
Re: Seagate Beach Club (public Notice #2006-073)
Dear Mr. Pape,
We are extremely concerned about the Seagate Beach Club's conditional use request for
a new 7,246 sq. ft. private beach club/restaurant. Our property on Bucida Road is in full
view of the Bucida Road/Seagate Drive intersection and the Beach Club parking lot. The
Club presently has a major parking problem, and we feel that any additional use of the
beach property would further worsen that problem.
Due to their already inadequate parking facility, Club valets park members' cars in the
No Parking areas on either side of Bucida Road and Seagate Drive. First, this is in direct
violation of city parking regulations. Second, it is an eyesore for Seagate residents.
Third, and most important, it is a safety hazard. As the cars are packed into the No
Parking areas, (side by side and perpendicular to the road), they often protrude onto
Bucida Road, narrowing the driving lanes. At times it is extremely difficult for cars
traveling eastbound and westbound to pass each other. The illegally parked cars also
obstruct the view of moving traffic on Bucida Road and Seagate Drive, creating a road
hazard not only for drivers, but for cyclists and pedestrians, too. Our community has
many families with childr~ who bike, jog, or walk to the beach along Bucida Road, and
it is imperative that we protect their safety.
We would very much appreciate your considering our concerns as you review the
Seagate Beach Club's request. Thank you for your consideration.
Sincerely,
rzrJ- rZ-. ~k~
Mr. and Mrs. Michael R. Langley
~,,":0~n!
~.~.. . .
.<
MAR 0 3 2006
PL>.~ ~ '" ..,~
LEVY KNEEN P.L.
COUNSELORS AT LAW
ELEANOR B. HALPERIN
BOARD CERTlFED IN REAL EST ATE LAW
DIRECT 561.478.4722
ehalperin@levykneen.com
9 November 2005
via e-mail
Scott Pape
City of Delray Beach
Planning & Zoning Department
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: 400 South Ocean Blvd.
Seagate Beach Club
Dear Mr. Pape,
I represent Jeffrey Pechter, the owner of 501 South Ocean Blvd. It has recently
come to our attention that Seagate Beach Club has submitted an application to
the City for redevelopment. I would appreciate if you would either provide me
with a copy of the application and the proposed site plan or let me know when it
would be convenient for me to meet with you to review the file. Mr. Pechter
wants to be sure that the site is planned to protect his property from noise, view,
encroachments, traffic, etc. He would also like to explore the possibility of
requiring Seagate to implement some design element that would prevent their
members from inadvertently using my clients' beachfront west of the mean high
water mark.
Thanking you in advance for your time and attention to this matter. I look forward
to working with you.
Sincerely yours,
'E.'B. J-fafperin
Ellie Halperin
c: Jeffrey Pechter
1601 FORUM PLACE. SUITE 300. WEST PALM BEACH, FL 33401
FAX 478-5811
Alieda N. Riley
65 Palm Square
Delray Beach, Florida 33813
July 6, 2006
To: The Mayor and City Commissioners:
After listening to a few naysayers rejecting the"historic designation of the bar at the Seagate Beach
Club I would like to give you my rememberances of the Club and its history,
From my rememberances: in the late 20's and early 30's Mr. Fah Smith, Mr. Burwell Smith (Mr.
Smith's son) and Mr. Bassett Mitchell (Mr. Smith's brother-in-law) had a real estate office in what is
now the Seagate Beach Club Bar, Mr. Oliver Brown was their real estate broker. Their mission was to
sell the oceanfront lots on South Ocean Boulevard. They also owned what is now the Seagate
development. In the late 30's or early 40's Mr. Bassett Smith's former wife became Mrs. Alexander
Helm (Lucy) and she now owned the Seagate property including the area to become the Seagate Beach
Club and some oceanfront lots.
Lucy Helm and her husband "Hank" Helm subdivided and started developing Seagate, The Seagate
Beach Club was built and it is my recollection that anyone who bought property in the Seagate
development had accesss to the Seagate Beach Club and the ocean. She also opened it up to others
who did not live in the Seagate development. The Club was a snnple, pleasant place, the bar window
opened on the east side in order for members sitting in the small outside patio to enjoy refreshments.
Often on weekends there was music and guests were invited to sing or play the piano.
Later Lucy built a house for herself and her son on the ocean further south. That house was sold later
to the Bruce Braden family. Seagate was developing and due to that and the popularity of the club
Lucy expanded the club leaving the bar intact. In the mid to late 50's Lucy sold or gave long-term
leases on all of her property to Arthur Vining Davis. First Lucy and then Arthur Vining Davis used the
bar as an office when necessary. After the Arthur Vining Davis ownership, I know there were different
owners of which I have no knowledge,
I lived two houses south of the Seagate Beach Club and experienced club membership for 25 years.
My late husband was a member of the Board Of Govenors for the Seagate Beach Club in its early
years.
I believe that it is in the best interest of the historic preservation ofDelray Beach to retain the bar area
of the Seagate Beach Club because of its historic character.
Very T. ru... ly Yours, - 2 r
/J/" ;j Y /
~UqtU f. / ~
Alieda N. Riley I
ANR/arm
cc: Mr. Paul DorHng
Chairman Planning & Zoning Department
Amy Alvarez
Preservation Planner
4)1d nd;,
~~ ~.\'::)~~~
.- .'
~~
-
~:
From: Mr. and Mrs. Michael R Langley
1026 Bucida Road
Dekay Beach, Florida 33483
To: City Commissioners
City Hall
100 NW 1st Avenue
Dekay Beach, Florida 33444
J
Date: July 5th, 2006
Re: Seagate Beach Club (Future Parking Plans)
Dear City Commissioners,
We would like to express our concern about the Seagate Beach Club's propo~ed parking
plans. Firstly, we support the Planning and Zoning Board's decision to deny a waiver to
reduce the required number of parking spaces, as. our neighborhood has put up with swale
parking by the Beach Club for long enough. .
Secondly, we are against the valet parking plan explained by Architect Randy. Stauff at
the City Hall Meeting on JUne 20th, 2006, as we feel it would be exceedingly dangerous
to pedestrians, cyclists and cars traveling on Seagate Drive and Bucida Road. Mr.
Stauff's proposed traffic flow has valets exiting the parking facility on Seagate Drive,
. turning left against oncoming traffic, taking a second left, again against oncoming traffic,
onto Bucida Road, and then taking a third left against oncoming traffic onto AlA.
Furthermore, this plan involves driving around an already dangerous traffic island at the
comer ofBucida Road and Seagate Drive. On numerous occasions we have witnessed
the Seagate valets drivingto the left of the island, resulting in near collisions with carS
traveling west on Bucida Road.
Finally, Seagate Beach Club members who wish to drive South (backto Boca Raton)
upon leaving the Beach Club, would likely turn left against oncoming traffic on AlA
onto Casuarina Road and left again against traffic onto Seagate Drive, cutting through
our neighborhood along the proposed valet route. .
As all parking for both the Seagate Beach Club and the condomiriiums will be in the
covered garage, there will be a significant increase in the number of cars exiting onto
Seagate Drive. We are very concerned about the proposed traffic flow, and do not want it
to create an extremely hazardous situation for our neighborhood.
We appreciate your looking at our concerns and thank you for your consideration.
Siricerely,
~ Mrs. Michael R. Langley.
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tClhToMMISSI~N
--------- .
Seagate Beach Club
To: Delray Beach Mayor and City Commissioners
From: Jim Smith
Subject: Seagate Beach Club Neighborhood Survey - Results
Date: July 27, 2006
Attached please find the following:
1. Summary results of a survey answered by sixty-six immediate
neighbors of the Seagate Beach Club.
2. Summary of individ~ neighbor's comments.
The Sea.gate neighbors are most concerned about:
1. Future swale parking,
2. Unnecessary traffic flow on residential streets surrounding the
SBC,
3. Unsafe valet operation,
4. Preservation of historically significant bar area,
Summary Recommendations:
1. Vote to deny all special actions and waivers.
2. Recommend that valet operation be moved to the west side of
AlA, and that cars be parked directly on site, without the need
for circling the block.
~. Adopt an additional conditional use clause as part of the tri-
party parking agreement that establishes a remedial action
plan that will be triggered if spill over parking occurs in the
future.
4. Adopt an additional conditional use clause th~t requires the
Seagate CondolHoteLand Seagate Beach Club to operate a
free shuttle service on either a demand or hourly basis.
5. Recommend preservation of the historically significant bar area
if it meets setback requirements.
Respectfully submitted by,
J~ behalf ofConcemedNeighbors.
Seagate Beach Club'
Neighborhood Survey Results
66 Completed Surveys
July 12, 2006
1. Do you believe that the historically significant bar area that dates back to 1935 should be
preserved? (Please type an "X' to the right of your answer)
Yes: 72%
Have no opinion: 13%
No: 15%
2. Were you ever annoyed by noises emanating. from the Seagate Beach Club?
Often annoyed: 9% Sometimes annoyed: 19%
Never annoyed: 72%
3. Do you believe that the new Seagate Beach Club should be prohipitedfromplaying outdoor
music after 10:00 PM?
Yes: 83%
No: 17%
4. Were you annoyed when the valets parked.cars in the swale areas?
Very annoyed: 51%
Annoyed: 37%
It was OK: 12%
5. Do you believe that the new Seagate Beach Club will bring more traffic and swale parking to
the neighborhood?
Yes: 87%
Not sure: 13%
No: 0%
6. Do you believe that the new Seagate Beach Club will have enough parking so that there will
not be swale-parking in the future?
Yes: 5%
Not sure: 26%
No: 69%
7. As part of the conditional use, do you believe that the DelrayBeachCity Commission should
require the Seagate Beach Club to have a remedial action plan in place in the event that there
is swale parking in the future?
Yes: 93%
Not sure: 7%
No: 0%
8. Do you believe that the Seagate Beach Club was a good neighbor and was responsive to
complaints from its neighbors?
Yes: 140k
Not sure: 71 %
No: 15%
9. Do you believe that the new Seagate Beach Club will a better neighbor and. more responsive
than it was in the past?
Yes: 2%
Not sure: 64%
No: 34%
Seagate Beach Club
Neighborhood Survey
66 Completed Surveys
July 12, 2006
10. Do you believe that the Seagate Beach Club's valet operation was dangerous for pedestrians
and motorists?
Yes: 86%
No: 14%
11. As part of the conditional use, do you believe that the Seagate Condo/Hotel should be required
to offer free hourly shuttle service to the Beach Club for its guests? [Note: the Seagate
Condo/Hotel's sales promotion mentions having such a shuttle.]
Yes: 88%
No: 12%
12.As part of the conditional use, do you believe that the Delray Beach City Commission should
require the Seagate Beach Club to either move its valet operation to the west side of A 1 A or
discontinue it, if there are A 1A backups or crashes?
Yes: 95%
No: 5%
Also. please complete the followina:
Name:
Street Address:
Phone:
Email:
I would like to become a new member of SAVEDELRAY.COM:
Yes No No, I'm already a proud member!
Please return the completed survey bv email or fax to 330-6798
HOMEOWNERS COMMENTS
Susan Beil, MD, FACOG, - 501 Seagate Drive: I live directly opposite the Seagate
parking lot. I tried to contact the Seagate managers several times regarding swale
parking on my property, but never made it past thevalets.
I have been unable to maintain a sprinkler system because of swale parking. The
Delray Beach Police Dept. told me it was my responsibility to place "Private Property"
signs on my swale. Towing companies will not agree to being listed on my sign, since it
is private property.
I am EXTREMELY concerned about proper preparation for the expanded club and its
future parking issues.
Doris Bernstein - 995 S. Ocean Blvd.: I believe that the Seagate Beach Club valet
operation was very dangerous for pedestrians and motorists,
Erica Mooney - 1700 S. Ocean Blvd.: If the proceeds as planned, I believe thatthe
new Seagate Beach Club will bring more traffic and swale 'parking to the neighborhood.
Stephannie Ross - 348 S. Ocean Blvd.: [Wrote a three rage letter] I am sorry that I
will be unable to attend the Commission Meeting of July 11t , as I will be out of town,
I don't know of any house except the one adjacent to the Beach Club that is more
affected than mine by the Seagate Beach Club expansion. Our 6-foot wall will no longer
buffer the light and noise of a second floor.
As property owners in Delray Beach (both commercial & residential), we have
consistently supported property rights without undue regulations. However, this
expansion seems against many of the regulations and principles of growth that. have
confronted our requests. I do believe that the allowed expansion of the beach club
should take the consideration of the residents in account...
Ann Hughes, Homeowner Association President, -- 1028 Casuarina Rd: I don't
agree that hotel guests should use a private club's facilities. [Lives directly behind club.]
John Schandelmayer & Vickie Lovell-1036 Casuarina Rd.: We. live directly behind
the Seagate and do not wish to. have the valet service operating on our street. . ...
Rick Bollinger - 903 Miramar Dr.: The valet operation would be better on the west
side of A1A, given the stop light and generally slower speed. Regardless, there should
be more off road area dedicated to the valet program.. .......
Bob & Janet Langley - 1026 Bucida Rd.: The proposed valet operation will be
exceedingly dangerous for pedestrians, cyclists and cars.... Many children bike, jog or
walk to the beach along Bucida Road and we should protect them.
1
HOMEOWNERS COMMENTS
Jim & Charlyne Smith - 1225 S. Ocean Blvd.: As currently planned, the valet
operation on the east side of A1A is being squeezed into,a space that it is just too small
for it. The special actions and waivers requested still leave the service "problematic"
according to the City Staff. I believe that the valet service should be located on the west
side of A 1A, and the cars moved directly into the parking areas without circling the
neighborhood streets.
Also, the Club should consider building a tunnel under A 1A like Gulf Stream did for its
golfers. If a tunnel is not feasible, the Club should consider hiring off-duty police to
safely escort guests across A1A.
As part of the tri-party parking agreement, the City should have a remedial action plan it
place in case there are valet or swale parking problems in the future.
If setback requirements can be met, the historic bar area should be saved; if not, the
Club should consider erecting a plaque in the new bar area honoring the historical
significance of the old bar and the famous people who patronized it.
I Charles Yuill- 348 S. Ocean Blvd: Build elevated bridge over A 1A.
Daryl Bush - 944 Seagate Drive: I drive by that location 10 times a day, and I'm
always careful of the valets going in and out. I am very annoyed at seeing swale
parking, and I support having plans in place that will solve future problems related to the
valet service on the east side of A1A and swale parking.
Carolyn Patton - 1020 Tamarind Road: Too much history has been lost. Please
save the historic bar area.
I Jean Biddle - 200 McFarlane Drive: Save the old Beach Club.
Aleida Maron - Grew up at 511 S. Ocean Blvd.: I have many fond memories growing
up at the Seagate Beach Club and most definitely feel that the bar area should be
saved.
Alieda Riley - 65 Palm Square: I have lived in the second house from the Seagate
Club for forty years and I know that the bar is historic and should be preserved...,
Paul & Karla Ramsey: Our family owned and operated the Bermuda Inn for almost
thirty years. We are very familiar with the swale and valet parking problems in general
and the traffic problems (especially when driving south from Atlantic Avenue on S.
Ocean Blvd.) caused by the Seagate Beach Club and/or its valet parking services over
the last forty years. If the bar area was used by Arthur Vining Davis as an office, it
should have historic status for sure and should not be tom down.
2
HOMEOWNERS COMMENTS
Rick Bolinger: Some shuttle arrangements,perhaps not hourly, but responsive to
guests' needs. The west side [of A 1A] would be a better location for the valet operation
given the stop light and generally slower speed of traffic traveling south. Regardless,
there should be more off-road area devoted to the valet operation.
Sid & Annette Coverman -1109 Miramar Drive: We are sorry we can not attend the
meeting. We believe the City of Delray Beach has already compromised its historical
significance in our neighborhood.
Dan & Michele Burns - 1036 Bucida Rd.: Sometimes we made complaints about
speeding valet parkers. Believe the shuttle should be run by request.
Other comments:
We held our first meeting at the Seagate Beach Club, trying to raise awareness and
funds to start the rebirth of Delray Beach, specifically the rejuvenation of Old School
Square. I have had many dear friends who are long gone who got together and shared
a cocktail with me, even though I was young and green. These great dames loved to
have their martinis at the Club while we planned the future as others planned to tear
down the school. Maybe there could be a weekend compromise from 10 PM to 11 :45
PM on music if the owners show good faith in working with the neighborhood during the
planning process. If they have not acted as if they care, so I would be afraid to grant
them this without some limitations if abused.
Let the club play music til midnight on the weekends.
3
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SEAGA TE RESIDENCES
As of Friday, July 7 the restaurant portion of the Seagate Beach C]ub is closed.
The hotel, across the street from the Beach Club is going to be demolished and there
will be built a 30-unit, three story condominium with three, four and five bedroom
units. The project is currently working its way through the approval process. It has
already been to SPRAB and Planning and Zoning. At the P&Z meeting regarding
the new Beach Club restaurant to be built on the east side, the property owners
requested several items. One of the Special Action requests was to reduce the
parking spaces required by the enlarged, two-story restaurant by 12 spaces, but that
request was defeated by P&Z by a vote of 6-0. The BPOA took a strong stance
against the reduction of any parking requirements. There are still unresolved issues
brought up by nearby residents regarding noise, parking, historic structures and
more. There is a good deal of involvement currently from the Seagate neighborhood
in voicing their concerns. All of this was due to come before the City Commission
on Tuesday, July 11, but was postponed until Tuesday, August 1. We will continue
to monitor.
Construction of the new Seagate Hotel that is to be built on Atlantic Avenue
between Venetian Drive and Gleason Street is now underway. Our concern with
that project continues to revolve around density issues with regard to the
condo/hotel concept. Briefly, many more units per acre can be built on this site if
the project is considered a normal hotel than would be allowed if considered a
normal condo project. The city currently does not have any specific regulations for
this hybrid concept of a condo hotel. We will continue to pursue our concerns with
the Commission.
CONSTRUCTION ORDINANCE
The BPOA requested assistance from the Neighborhood Advisory Council (NAC)
regarding construction issues that we are facing in our residential neighborhood.
The NAC drafted an new ordinance to resolve many of these issues and the
ordinance was approved (5-0) by the City Commission on Tuesday, July 11,2006.
Some of the key points of the new ordinance are as follows:
1. Once a permit has been issued, work must commence within 6 months
2. Construction must be completed within 18 months from the issuance of the
permit unless evidence is provided that there is a shortage of materials or
an Act of God has caused a delay in which case the owner/contractor may
request an extension of not more than 6 months.
3. Failure to complete construction in time allotted shall result in a penalty of
100% of the original building permit fee.
~~~~~~-~~
~~_~ --.- ~,,~6'v
.. "
TO:
SPRAB BOARD MEMBERS
FROM:
SEAGATE APPLICANT
The following is what the applicant is requesting for waivers, items and conditions:
1. Waiver - Reduction of handicap spaces from 2 spaces to 1 space - WE
REQUEST APPROVAL OF STAFF RECOMMENDATION
APPPROVED
2. Waiver - 10 foot perimeter buffer - DOT is landscaping - WE REQUEST
APPROVAL OF STAFF RECOMMENDAITON APPROVED
3. Special Action - Reduction of queuing area from 100' to 78' supported by
completed traffic study - WE REQUEST APPROVAL OF STAFF
RECOMMENDATION APPROVED
4. Special Action - Reduction of parking requirement standard imposed by staff of
12 spaces per 1,000 square feet to actual spaces provided in the plan, 9 spaces per
1,000 square feet. WE REQUEST APPROVAL OF STAFF
RECOMMENDATION DENIED
ITEMS:
Items 2 and 8 - Exfiltration trench - DOT is permitting us to use their r/o/w and the city
engineer has agreed. DELETE ITEMS 2 & 8 Not voted on
Item 5 - Not possible-doors must face r/o/w to have serviced - DELETE ITEM 5 -
Not voted on
Item 12 - There are no drainage structures on AlA near the club - DELETE ITEM 12
Not voted on
CONDmONS:
Condition #4 - P&Z limited this to amplified music - AMEND CONDITION TO
REFLECT AMPLIFlED MUSIC ONLY DENIED
Condition #5 - Explored double queue and DOT rejected and approved one lane queue.
Permit issued - REMOVE CONDITION 5 APPROVED
Condition # 6 - SPRAB board modified condition re: beach chairs to reflect stacking at
night only - APPROVED
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Condition #9 - ELIMINATE LANGUAGE AND AMEND TO READ: APPLICANT
WILL COMPLY WITH CITY ORDINANCE 91.51 AND ALL FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION RULES, ALL PALM
BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCE
MANAGEMENT RULES AS THEY RELATE TO LIGHTING ON THE BEACH SIDE
OF THE CLUB. And include photometric plan. APPROVED
New Condition # 11 Added requirement dumpster/valet areas be separated.
APPROVED
07/06/2006
15:52
CARNEY COMPANIES ~ 73~
NO.329 0001
secnoN 4.6.9 (C)
(C) Number of Parkina SDaCCS Recuired: The number of parking spaces
required for new buildings, new uses. additions, enlargements, or changes shall be
determined by th wi standards for uses and categories of use and types of
parkin s.
Su
Provisions: T~ follOWing appty in the application of this
(a) Fractions: If the totaf number of parking spaces required results in a
fraction, it shaJI be rounded up to the next highest figure.
(b) HandlcaDDed Soaces: Special parking spaces designed for use by
the handicapped shall be provided pursuant to the provisions of Aorida
Accessibility Code for Building Construction. Such spaces shaii not be
in addition to, but shall substitute for, required parking. [Amd. Ord. 46-
96 11151961
(c) BicYCle Park:imJ: Bicycfe parking facilities shall be provided in a
designated area and by a fixed or stationary bike rack for the following
uses:
:f<
(1) In shopping centers at 1he rate of five (5) spaces per 100,000 sq,ft.
of gross floor area; [Amd. Ord. 46-96 11;5196]
(2) At fast food restaurants, government offices and community
centers, and commercia! and private recreation facilities at the rate
of five (5) spaces per facility. [Amd. Ord. 46-96 11/5196)
(3) Any non-residential use within the City's TCEA which, through the
development review process. is determined to generate a demand.
[Amd. Ord. 46-96 i 115/96j
r-;1Jse& - Lls1ed: Any use. or use categoiy, which is nol~ ~
Uisted herein shall have its parking requirement estabiishe~
of approval of the site and development action aSsoo3tea WItn me new
use or structure.
(e) DesiGn Reauinaments ADOIv. ExC8Dtions: The Design Requirements
for parking lots as provided for in SectiOn 4.6.9(0) shall apply to all
parking spaces which are required in this subsection. except for
specific provisions to the contrary which are contained herein.
Reauirements Ate Cumulative: !n situations where a combination of
uses are developed on a site. parking requirements shall be
determined for each of the uses according to the parking requirements
set forth herein. "'J'I exc-eption to this role may be made, pursuant to
SUbsection (e)(B), Multiple Uses.
4.6 - 35
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FROM:
DAVID T. HARDEN, CITY MANAGER , nO~9 V
PAUL DORLlNG, DIRECTOR OF PLANNING AND ZONIN$1()P{
SCOTT D. PAPE, SENIOR PLANNER ~f ~ ~
MEETING OF AUGUST 1, 2006
APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD DENIAL OF
A PARKING REDUCTION AND APPEAL OF CONDITIONS OF APPROVAL
ASSOCIATED WITH A CLASS V SITE PLAN. LANDSCAPE PLAN. AND
BUILDING ELEVATIONS FOR THE SEAGATE BEACH CLUB LOCATED ON
THE EAST SIDE OF SOUTH OCEAN BOULEVARD (STATE ROAD A-1-A).
SOUTH OF CASUARINA ROAD (400 SOUTH OCEAN BOULEVARD).
TO:
THRU:
SUBJECT:
The action requested of the City Commission is that of consideration of an appeal to deny a
parking reduction and certain other conditions of approval associated with the Class V site plan,
landscape plan and architectural elevation approval for the Seagate Beach Club. The Site Plan
Review and Appearance Board's actions were taken on July 26, 2006. At this meeting, the Board
approved the Class V site plan, landscape plan, and building elevations for the beach club.
However, the Board denied the request to reduce the required parking by 12 spaces. The appeal
includes certain Technical Items (Conditions of Approval) that address the location of drainage
facilities and dumpster enclosure. Further, the applicant is appealing the Board's condition of
approval regarding the prohibition of outdoor music after 10:00 p.m. The applicant submitted the
appeal to the City on July 27, 2006.
The appeal is being processed pursuant to LOR Section 2.4.7(E) Appeals.
Parking Requirements:
Pursuant to LOR Section 4.6.9(C)(3)(d), the required parking for the 6,794 square foot restaurant is
84 spaces. Pursuant to LOR Section 4.6.9(C)(6)(d), the required parking for the 640 square foot
cabana/bath house is 13 spaces. The total required parking for the proposed redevelopment is 97
parking spaces. The reconfiguration of the valet queue results in the provision of one handicap
accessible parking space on-site. The remainder of the required parking spaces will be provided
off-site across the street at the Seagate Residence property located on the west side of South
Ocean Boulevard. The Seagate Residence project was approved with a surplus of 84 parking
spaces. The beach club patrons' vehicles will be parked by valet attendants. Given the one
handicap accessible space on-site and the 84 surplus spaces, the proposed beach club is deficient
by 12 parking spaces.
Pursuant to LOR Section 4.6.9(F)(1), when, upon receipt and acceptance of special
documentation, it is conclusively demonstrated that a reduced number of parking spaces will
accommodate a specific use, the body which acts on the attendant site plan may reduce the
q,t
City Commission August 1, 2006
Appeal - Seagate Beach Club
parking requirements accordingly. The applicant submitted the attached letter dated June 9, 2006
as the "special documentation" to justify the reduced number of parking spaces. The applicant
notes that the proposed development is in effect a shared parking configuration with the Seagate
Residences on the west side of South Ocean Boulevard. The applicant draws a relationship
between the proposed development and the City's requirement that one space per unit be
reserved for each residential unit if the project were located in the CBD (Central Business District),
GC (General Commercial), or PC (Planned Commercial) zoning districts and the other
approximately 1.5 spaces per unit could be utilized as part of a shared parking calculation. This
would allow 43 of the 73 parking spaces required for the 30-dwelling units to be counted toward
shared parking. It is reasonable to infer that not all of the 30 dwelling units will have two vehicles
and that the guest spaces will not be fully occupied at all times. Based on this logic it is likely 12 or
more of these 43 parking spaces currently would be available for beach club use. It is also noted
that the peak usage of the restaurant generally differs from the peak usage of the beach
club/cabana/pool house, which requires 13 parking spaces. Further, the applicant indicates that
due to the membership-only characteristic of the beach club, the restaurant does not function the
same as a standard sit-down restaurant and, therefore, does not warrant the same parking
calculation.
The Site Plan Review and Appearance Board did not support the applicant's justification for the
reduction. The Board indicated that the full parking compliment needs to be provided for the beach
club in addition to the parking for the residences. The Board directed the applicant to explore
opportunities to provide additional parking on the Seagate Residences property such as parallel or
back-out parking spaces.
The applicant has made a sound argument for the reduction of parking based on the functional
surplus of parking spaces, differing hours of operation and the characteristics unique to the beach
club restaurant. Based on these points, staff supports the applicant's justification for the parking
reduction.
Outdoor Music Restriction:
The Site Plan Review and Appearance Board approved the development application subject to the
condition that outdoor music is prohibited after 10:00 p.m. The Board included this condition of
approval to ensure the compatibility of the beach club with the adjacent residential use. It is noted
that the Planning and Zoning Board recommended approval of the conditional use request subject,
in part, on this condition. It is noted that the City Commission will consider the conditional use at
its meeting of August 1, 2006. If the City Commission approves the conditional use with this
condition, then this appeal of SPRAB's approval will be a moot point. If the City Commission
supports the applicant's request, the condition must be removed from the Conditional Use approval
request. Staff believes this condition to be a reasonable one given its proximity to residential uses
to the south and does not support the appeal of this item.
Exfiltration Trench:
The proposed exfiltration trench is located within the South Ocean Boulevard (State Road A-1-A)
right-of-way. These facilities are typically located on private property. Therefore, a Technical Item
was attached to the site plan approval that they be relocated onto the subject property. The
applicant has indicated that they have received verbal approval from the State of Florida
Department of Transportation (FOOT) and written approval from the City Engineer to locate the
exfiltration trench within the right-of-way. If written approval is submitted from FOOT for the
location of the exfiltration trench, the Technical Item would be resolved subject to the applicant
entering a hold harmless and maintenance agreement.
2
City Commission August 1 , 2006
Appeal - Seagate Beach Club
Dumpster Enclosure:
A Technical Item was attached to the site plan approval that the dumpster gates be relocated away
from the public right-of-way. The applicant has indicated that the relocation of the gates would
prohibit the direct access of the trucks. With the proposed configuration of the site plan and
dumpster enclosure, the relocation of the gate would necessitate the rolling-out of the dumpsters
by maintenance personnel. Therefore, staff supports the elimination of this technical item in the
interest of increasing the functionality of the refuse collection.
Staff supports the reduction of the 12 parking spaces given the shared parking between the
residences and the beach club. The City allows the sharing of parking spaces in the Central
Business District, General Commercial, and Planned Commercial zoning districts. The relationship
of the beach club to the residences is similar to developments the City has approved within these
zoning districts. Staff does not support the elimination of the condition of approval concerning the
prohibition of outdoor music after 10:00 p.m. This condition addresses the compatibility of the
beach club with the adjacent and nearby residential uses. With respect to the last two items, if the
applicant is able to produce written documentation approving the exfiltration trench within the
public right-of-way, the location can be supported subject to execution of hold harmless and
maintenance agreements. Further, staff supports the relief for the dumpster enclosure gates as
they would function better in the proposed configuration facing South Ocean Boulevard since
vehicles would have direct access.
By separate motion:
1. Approve the reduction to parking spaces required pursuant to LOR Section 4.6.9(C)(3)(d) by 12
spaces based on LOR Section 4.6.9(F)(1), which allows a parking reduction upon receipt and
acceptance of special documentation that demonstrates a reduced number of parking spaces
will accommodate a specific use, based on a positive finding with respect to LOR Section
2.4.7(E)(5).
2. Denv the appeal to remove the condition of approval that prohibits outdoor music after 10:00
p.m., based on a failure to make a positive finding with respect to LOR Section 2.4.7(E)(5).
3. Approve the appeal of the technical items to relocate the exfiltration trench onto the subject
property subject to the submittal of written approval from FOOT for the location of the
exfiltration trench and that a hold harmless and maintenance agreement be submitted, based
on a positive finding with respect to LOR Section 2.4.7(E)(5).
4. Approve the appeal of the technical item to relocate dumpster enclosure gate, based on a
positive finding with respect to LOR Section 2.4.7(E)(5)
Attachments:
);> Letter of Appeal dated July 27, 2006
);> Letter dated June 9, 2006
~ SPRAB staff report dated July 26, 2006
3
THE CARNEY LEGAL GROUP, P.A.
Attorneys At Law
Thomas F. Carney, Jr,
Also admitted in MA
901 GEORGE BUSH BOULEVARD
DELRA Y BEACH, FLORIDA 33483
TEL: (561) 278-5565
FAX: (561)330-8233
EMAIL: tfc@carneylegalgroup.com
Peter H. Carney
Also admitted in NH & MA
July 27, 2006
City Clerk
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
RECEIVED
JUl 27 Z006
CITY CLERK
Re: Seagate Beach Club
Class V Site Plan Modification
Dear Clerk:
Pursuant to Section 2.4.7(E) of.th~d Development Regulations of the City of Delray Beach,
Florida ("LDR"), this is an appeal in writing to the City Commission of Delray Beach, Florida,
by an aggrieved party directed to you, We are providing you with the following information:
1. The action being appealed is the action taken by the Site Plan Review and
Appearance Board ("SPRAB") with respect to the above-captioned matter which was
heard at a meeting of July 26, 2006.
2. The action was taken by the Site Plan Review and Appearance Board at a July 26,
2006 meeting
3. The basis of the appeal is as follows:
(a) The action taken by SPRAB was inconsistent with the Comprehensive Plan for
the City of Delray Beach, Florida;
(b) The action taken y SPRAB was inconsistent with the LDR's;
(c) The actions taken by SPRAB was inconsistent with the laws of the State of
Florida;
1
RFCEIVED
JUl 2 7 2006
PLANNING &. lO~\NG
(d) The action taken by SPRAB was contrary to the weight of the evidence
presented at the meeting of July 26, 2006;
(e) The action taken by SPRAB was in excess of the authority granted to them by
the LDR's; and
(f) The action taken by SPRAB was in derogation of certain rights granted under
the United States Constitution and the Constitution of the State of Florida.
4. The relief being sought is that:
(i) appeal the denial by SPRAB of the request of Applicant to reduce the required number
of parking spaces (Special Action #2) pursuant to LDR Section 4.6.9 (F)(1), and to petition
the City Commission for the approval of the Applicant's request for said reduction
pursuant to LDR Section 4.6.9 (F) (1);
(ii) appeal the inclusion of Technical Item # 2 requiring that the exfiltration trench be
located unto the subject property and to request the deletion of this item due to the fact that
the Department of Transportation (DOT) has authorized the Applicant to locate the
exfiltration trench unto the DOT Right-of Way and the City Engineer of Delray Beach has
agreed;
(iii) appeal the inclusion of Technical Item 5 which requires that the dumpster entrance be
redesigned, and to request the deletion of this item based on the fact that the deletion was
discussed and agreed to by SPRAB but was inadvertently omitted from the final motion by
SPRAB;
(iv) appeal the inclusion of Technical Item 8 requiring that the drainage facilities be
relocated upon to the subject property, and to request the deletion of this item due to the
fact that the DOT has authorized the Applicant to locate the drainage facilities unto the
DOT Right-of Way and the City Engineer of Delray Beach has agreed;
(v) appeal the inclusion of Item 4 under "Site Plan", which prohibits all outdoor music
after 10:00 p.m., and to request the deletion of this item as a "Condition of Approval".
Please note that Items (ii), (iii), and (iv), above, are being included in the abundance of caution in
the event that an appeal of these items is required.
5. The name of the appellant is HH Properties -I, Inc. the owner of the property, and on
behalf of the Applicant, HHC Florida, LLC, of the Class V Site Plan Modification,
the hearing on which was held on July 26, 2006, as aforesaid.
We are requesting that these particular matters be heard at the City Commission meeting of
August 1,2006.
2
This appeal letter is being submitted without the benefit of the receipt of the Conditions of
Approval (the "Confirmation Letter") from the City of Delray Beach due to the requirement of a
5:00 p.m. submission deadline, and we reserve the right to add additional items upon receipt of
the Confirmation Letter.
Enclosed is a fee in the amount of Three Hundred Fifteen and No/I00ths Dollars ($315.00).
I would appreciate it if you would formally notify me of the date and time of the hearing by the
City Commission of this appeal.
Sincerely,
The Carney Legal Group, P .A.
Thomas F. Carney, Jr.
For the Firm
TFC/db
Encl.
ccs: Mr. Paul Dorling
Susan Ruby, Esq.
3
THE CARNEY LEGAL GROUP, P .A.
Attorneys At Law
Thomas F, Carney, Jr.
Also admitted in MA
901 GEORGE BUSH BOULEVARD
DELRA Y BEACH, FLORIDA 33483
TEL: (561) 278-5565
FAX: (561) 330-8233
EMAIL: tfc@carneylegalgroup.com
Peter H, Carney
Also admitted in NH & MA
June 9, 2006
RECEIVED
JUN 0 9 2006
Mr. Paul Dorling
Director, Planning & Zoning Department
City of Delray Beach
100 NW First Avenue
Delray Beach, FL 33444
PLANNING & ZONING
Re: Request for Reduced Parking Requirement - Seagate Beach Club
Dear Paul:
This letter is a supplement to our earlier submission requesting that the parking requirement for
the above-referenced site plan be reduced pursuant to Section 4.6.9(F)(1) of the Land
Development Regulations of the City of Delray Beach, Florida.
Although the beach club is being individually considered in this Conditional Use Application, it
is part of the larger redevelopment of not just the beach club, but the construction of 30
residential units at the site of the old Seagate Hotel. In addition to the required handicap parking
spaces, included in the site plan for this project is an underground parking garage containing 125
spaces and surface parking with 31 spaces, for total of 156 parking spaces being provided. There
It is the intent that the beach club will utilize both a portion of the surface parking and a portion
of the underground parking in its operations. Included in the conditions of approval for the
Seagate Residences is a requirement that a parking agreement be established between the beach
club and the Seagate Residences ensuring that the requisite number of spaces would be provided
to each facility.
For the reasons stated in this letter, we believe it is appropriate and reasonable to grant a
reduction in the number of parking spaces which would normally be required pursuant to the
Land Development Regulations.
Essentially, there are four reasons which we submit as special documentation to support our
request. In particular, the reasons are as follows:
1. The redevelopment of the Seagate Beach Club is a direct result of the widening of AlA
which has created a non self-imposed hardship.
1
2, Projects of this type have typically been afforded the opportunity to utilize a shared parking
analysis.
3. An actual parking study conducted during the busiest week of the year indicated that the
actual number of vehicles being parked was less than the amount required pursuant to the LDR's.
4. The parking calculations for the "restaurant" are the same calculations as if the restaurant
were "public".
1. The redevelopment of the Seagate Beach Club is a direct result of the widening of
AlA which has created a non self-imposed hardship.
The Seagate Beach Club has been in existence in its current location for over 60 years. The
Beach Club and the Seagate Hotel (a 70 suites hotel across the street from the Seagate Beach
Club) have shared parking during this entire period. Currently, there are 99 parking spaces
available for use by both the Seagate Hotel and the Seagate Beach Club.
In early 2005, it became apparent that the proposed widening of AlA would cause a material
adverse affect on the current (and historical) operations of the Seagate Beach Club. The Seagate
Beach Club has traditionally operated a 100% valet parking service (that is, all of the patrons of
the Seagate Beach Club utilize the valet parking service which is situated in front of the Club
abutting AlA). The widening of AlA will essentially eliminate the ability of the Seagate Beach
Club to operate its valet parking service in its current fashion. Although it has been remarked
that the Beach Club could merely move its entrance back to accommodate the widening of AlA,
the way the Beach Club is currently constructed eliminates this as a practical option. As it is, the
Beach Club sits on a portion of the Department of Transportation ("DOT") right-of-way. It
would become, essentially, impossible to create any type of drop-of in front of the Club after
A lA is widened.
In response to attempting to address the negative impact which is being created by the road
widening and, at the same time, take into account the needs of the Club, its patrons, the users of
AlA, and the neighborhood, it was decided to reconfigure the Beach Club in such a fashion so
that it would be significantly "stepped back" from AlA to better address any traffic concerns and
to significantly reduce the stacking of cars as they would be dropping off patrons (removing
these cars from impacting AlA).
In deciding to move the Beach Club back, however, it became apparent that, as a result of the
current setback requirements, coupled with the limitations on construction due to the coastal
construction line and the beach erosion line to the east, the Club would be left with only a sliver
of property to maintain operations. The only solution was to reconfigure the entire Club creating
a second floor. I use the term "reconfigure" since this is, in reality, what is happening. This
should not be deemed "new construction" in the conventional sense. Under the circumstances, it
should be considered as essentially a reconfiguration of the existing floor space while taking into
account the particular limitations which this site must endure (the beach erosion line; the
construction controlline; the setbacks against the DOT right-of-way). Clearly, the limitations of
2
this site have created a non-self imposed hardship for the Seagate Beach Club. But for the road
widening, the Beach Club would not undergo any of this. At best, this is "reconstruction" under
very special circumstances.
The resulting design accomplishes sufficient setback, a more aesthetically pleasing building, and,
at the same time, adds minimal additional square footage to the Beach Club restaurant
operations. Using a very simplistic analogy, the 'squeeze' resulting from the road widening to
the west and the beach erosion line to the east, what is being done is like taking a flat (one-
storey) piece of play dough and squeezing it to make a smaller footprint at the bottom but a taller
plece.
Since this reconfiguration is a direct result of the widening of AlA, imposing new parking
requirements as if this were truly "new construction" is not fair to the Beach Club, since the
hardship was not of the Club's making. It should be noted that there is no increase in the square
footage of the reconfigured dining rooms. Currently, the Club has approximately 6,700 square
feet of floor area. The proposed reconfiguration provides for approximately 6,794 square feet of
floor area,
As mentioned, the current parking for both the hotel and the Beach Club is 99 spaces. Utilizing
the 0.7 spaces per hotel room analysis under the current LDRs, the total required parking for the
hotel would be 49 spaces (70 hotel rooms multiplied by .7 spaces per room). This means that the
total parking currently available to the Beach Club is 50 spaces. With the construction of the
new parking garage and surface parking areas at the Seagate Residences, the total parking will
now be 156 spaces to serve both the 30 condominium residences and the Beach Club. The
condominium residences, as per the approved site plan, requires 73 parking spaces. This leaves a
total of 83 parking spaces available for the Beach Club, or more than double the number of
spaces currently available.
Accordingly, it is our belief that no additional parking should be required by the mere fact of the
reconfiguration or "reconstruction under very special circumstances" of the Beach Club which is
a direct result of the widening of A-I-A, and that the parking being provided in the surface
parking area and the parking garage in excess of what is required by the Seagate Residences is
ample under the circumstances.
2. Projects of this type have typically been afforded the opportunity to utilize a shared
parking analysis.
As mentioned above, LDR Section 4.6.9(F)(1) provides, "when, upon receipt and acceptance of
special documentation, it is conclusively demonstrated that a reduced number of parking spaces
will accommodate a specific use, the body which acts on the attendant site plan may reduce the
parking requirements accordingly".
The LDR's themselves provide for one competent methodology: the shared parking analysis in
LDR 4.6.9(C)(8).
3
Section 4.6.9(C)(8) provides that when a building, or combination of buildings, is used for both
residential and commercial purposes and is located within the CBD, GC, or PC zoning district,
the minimum total number of required parking spaces may be determined by the formula
provided in that Section. In this case, although the property is not located is not located within
one of those three zoning districts, the LDRs recognize that it is appropriate to use formula
which considers actual parking uses in a mixed use project.
The shared parking concept was developed by the City of Delray Beach because the City
recognized that, in certain types of projects (notably, mixed use projects), pure interpretation of
the code in imposing parking standards didn't really correspond to (or take into account) how the
parking would generally be used.
The idea behind the "shared parking" concept is to recognize the probable use of parking spaces
when those spaces have multiple users. Thus, the LDRs recognize that it is reasonable to
consider projected utilization as a methodology. Thus, for example, a residential project parking
lot which typically isn't fully utilized during the day might share those "empty spaces" with an
adjacent office building whose demand for parking is during the day but which would not need
the spaces (generally) outside of business hours. This recognizes a practical approach.
Since this practical approach is a recognized approach, it is reasonable that the Beach Club may
present this approach as competent evidence in requesting for a reduction of the parking
requirement which would seemingly be imposed by the LDRs.
This is a unique situation where the same activity, if located in those zoning districts, would be
afforded the opportunity to utilize shared parking calculations, In this case, the beach club is a
"conditional use" in the RM zoning district. However, in granting a "conditional use" for an
activity which is otherwise permissible in the CBD, GC, and PC zoning districts, it is reasonable
that it also implies that the activity also brings with it the other benefits with which it would have
been afforded had the conditional use not been required
As stated above, most of the mixed use projects are found in the CBD, GC, and PC districts
within the City of Delray Beach. This is a unique situation wherein a beach club is situated
within an RM zoning district. As it is the usual practice to allow mixed use projects to utilize the
shared parking calculations, it is reasonable that the Seagate Beach Club and the Seagate
Residences be afforded the same opportunity to utilize the shared parking calculations as special
documentation pursuant to LDR Section 4.6,9. (F) (1) to determine the extent to which parking
is required at the mixed use site and whether a reduction is appropriate under the circumstances.
Utilizing the shared parking calculations table as set forth in Section 4.6.9(C)(8), the maximum
number of parking spaces at the peak period which would be required is 154 spaces (156 are
currently being provided). This includes providing 12 full time spaces for the "bath house"
(which staff has interpreted that the LDRs appear require) even though the bath house is strictly
utilized as bathrooms and changing rooms, and even though it is existing and not part of the
"reconfiguration" .
4
3. An actual parking study conducted during the busiest week of the year indicated that
the actual number of vehicles being parked was less than the amount required pursuant to
the LDR's.
A mentioned above, the LDRs already provide that, in certain types of projects, "projected" use
is a competent methodology in determining how many parking spaces should be required. In the
case of the Beach Club, in order to obtain as accurate information as is possible as to what the
actual parking needs of the beach club are, the Seagate Beach Club conducted a parking needs
study, This study was conducted during the week of February 18-25, 2006, which included
Presidents Day, which has historically been the busiest day of the year for the Seagate Beach
Club.
The results of the study during the busiest week demonstrate a parking needs requirement of 60
cars during the week days (50 cars during week nights), and on the weekend days, an average of
80 cars (55 cars on the weekend nights). Obviously, although this reflects the busiest week of the
year, the results support the fact that the 83 parking spaces being provided are more than
sufficient to meet the parking needs ofthe Beach Club.
It is important to note, that the parking at the Beach Club is a 100% valet service which generally
means that less space is needed to park the same number of cars (this is also provided for in the
LDRs) than would be the case in a self-parking garage. In this case, approximately 5 fewer
spaces would be required due to the fact that it is a 100% valet service.
If, as stated, the LDRs recognize 'projected use" as an accepted methodology in determining
parking requirements, it is reasonable that a study which empirically determines actual use be
equally accepted.
We submit this parking needs analysis of actual use as additional documentation, pursuant to
Section 4.6.9(F)(1) of the LDR's in support of the request for reduced parking requirements.
4. The parking calculations for the "restaurant" are the same calculations as if the
restaurant were "public".
The LDR's, in setting forth the parking requirements as they relate to restaurants outside of the
core business district, assume that the restaurant is a "destination point" and, as a result, there is
an "inferred" greater demand for parking. Thus, whereas restaurants in the core business district
have a parking base requirement of 6 spaces per 1,000 square feet of space, "destination
restaurants" have a parking requirement of 12 spaces per 1,000 square feet (double the
requirement).
The above parking requirement for "destination restaurants" which is derived from the Urban
Land Institute, assumes that the "destination restaurant" is open to the public. The Seagate Beach
Club, however, is not a club open to the general public, and the restaurant service (especially in
the evening when the restaurant is principally used) is typically done by reservation (although
club members are permitted to walk in). Private clubs do not have the same waiting time to get a
table, etc., that typical open to the public restaurants have.
5
As currently determined, the parking requirements proposed at this site are double the parking
requirements that are imposed for the public restaurants located on Atlantic Avenue.
Accordingly, even though this is a private club, and the demand is significantly less, the parking
standard being applied is the most stringent.
Since this type of use is not generally permitted in an RM district, there are no specific
regulations pertaining to parking for this type of conditional use within the RM district.
However, it should be noted that the only zoning district which would permit this "club" use (as
currently scaled) is the CBD. Accordingly, it is reasonable to consider imposing the same
parking standard as what would be imposed in the CBD (e.g., 6 spaces per 1,000 square feet) and
not imposing the most stringent standard, This is particularly reasonable in light of the fact that
this is a "private" club.
For informational purposes only, additional support to consider reduced parking for private clubs
can also be found in LDR Section 4.6.9 (c) (6) (r) "Yacht Clubs" which provides that the parking
requirement for a Yacht Club is "one space per 1,000 square feet of floor area and outdoor
seating/eating areas".
Conclusion
For the reasons stated herein, we hereby request a reduction, pursuant to LDR Section 4.6.9
(F)(l) in the parking requirements as currently determined. The approval for the Seagate
Residences requires that 73 of the spaces be set aside for the Residences. In recognizing the fact
that the surface and garage parking will be used by both, we request a finding that the parking
spaces in excess of what is required by the Seagate Residences are sufficient to meet the parking
requirement of the reconfigured beach club.
If you need any additional information, please do not hesitate to contact me.
Sincerely,
The Carney Legal Group, P.A.
~
-:::bwv
By:
Thomas F. Carney, Jr,
For the Firm
TFC/db
Encl.
6
SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
July 26,2006
IV.A.
Seagate Beach Club - Class V Site Plan, Landscape Plan, And Architectural
Elevations Associated With The Construction Of A Two-Story 6,794 Square Foot
Restaurant.
GENERAL DATA:
Property Size........... ................... 0.70 Acres
CIDA
Owner......................................... HH Properties I
Applicant................ .................. HHC Florida
Agent.. .. .. .. .. .. . .... ..... . . . .... . . ... . Tom Carney
Location...................................... East Side Of South Ocean Boulevard
(State Road A-1-A), South Of
Casuarina Road (400 South Ocean
Boulevard).
Future Land Use Map............... MD (Medium Density Residential 5-
12 du/ac)
Current Zoning............................ RM (Medium Density
Residential)
Adjacent Zoning................North: OS (Open Space)
East: OS
South: R-1-AAA (Single Family
Residential)
West: RM
Proposed Land Use.................... Construction of a 6,794 sq.ft
restaurant.
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Existing Land Use...................... Private Beach Club
Water Service............................. Existing on site.
Sewer Service............................. Existing on site.
IV. A.
The action before the Board is approval of a Class V site plan request for Seagate Beach
Club pursuant to LDR Section 2.4.5(F). The request involves the following elements:
o Site Plan;
o Landscape Plan;
o Architectural Elevations; and
o Waivers and Reductions.
The property is located on the east side of South Ocean Boulevard (State Road A-1-A), south
of Casuarina Road (400 South Ocean Boulevard).
The property is an unplatted parcel of land lying east of South Ocean Boulevard (State Road
A-1-A), west of the Erosion Control Line, and south of Casuarina Road. The area of the
property totals 0.70 acres and is zoned RM. The property contains a pool, a 1,531 square
foot cabana/bath house, and a 7,486 square foot restaurant (5,233 square feet indoors/2,253
square feet outdoor) that was constructed in 1935.
At its meeting of August 16, 2005, the City Commission approved Ordinance 62-05, which
amended the Land Development Regulations to allow private beach clubs as a conditional
use for certain areas that included this property in the RM zoning district.
At its meeting of April 5, 2006, the Site Plan Review and Appearance Board approved a
Class V site plan application for the demolition of the Seagate Hotel across the street on the
west side of South Ocean Boulevard and the construction of a 30-dwelling unit multiple family
development. The first floor parking area of this development includes a surplus of 84
parking spaces that will be utilized by the beach club through a valet service.
At its meeting of June 19, 2006, the Planning and Zoning Board considered the Conditional
Use request and recommended approval to the City Commission. The Planning and Zoning
Board provided the following recommendation to the City Commission and the Site Plan
Review and Appearance Board:
Waivers:
1. The Board voted 4 to 2 to recommend denial to the City Commission of a waiver to LDR Section
4.6.9(F)(3)(e), which requires two handicap accessible parking spaces adjacent to a valet queue, based on
a failure to make a positive finding with respect to LDR Section 2.4.7(B)(5).
2. The Board voted 6 to 0 to recommend approval to the City Commission of a waiver to LDR Section
4.6.9(F)(3)(g)(i), which requires a 10-foot perimeter landscape buffer consisting of a hedge and trees 30 feet
on center between the valet queue and the property line, based on a positive finding with respect to LDR
Section 2.4.7(B)(5).
Special Action:
1. The Board voted 3 to 3 on a recommendation to the City Commission of a reduction to LDR Section
4.6.9(F)(3)(f), to reduce the required valet drop-off/queuing length from 100 feet to approximately 75 feet.
SPRAB Staff Report
Seagate Beach Club - Class V Site Plan, Landscape Plan and Building Elevations
Page 2
2. The Board voted 6 to 0 on a recommendation to the Site Plan Review and Appearance Board to deny the
reduction to parking spaces required pursuant to LDR Section 4.6.9(C)(3)(d) by 12 spaces based on LDR
Section 4.6.9(F)(1 ), which allows a parking reduction upon receipt and acceptance of special documentation
that demonstrates a reduced number of parking spaces will accommodate a specific use.
Conditional Use:
The Board voted 6-0 to recommend approval of the conditional use to allow the private beach club with
attendant recreation, dining, and related accessory facilities in the RM zoning district for Seagate Beach Club,
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 following modified conditions of approval:
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 vehicles are prohibited from being parked in areas other than designated spaces noted on the Seagate
Residences site plan.
4. That outdoor amplified/non-amplified music is prohibited after 10:00 p.m.
5. That the applicant explores the possibility of expanding the valet queue by 5 feet to provide dual stacking
areas within a portion of the South Ocean Boulevard right-of-way.
6. That the beach chairs be stacked in groups perpendicular to the water line.
7. That an agreement be submitted that delineates the parking relationship between the beach club and
residences.
8. That a parking professional (valet service) be available for vehicle retrieval during business hours.
9. That all lighting comply with Code of Ordinance Section 91.51 and all windows be tinted to minimize lighting
glow on the beach. All spotlights illuminating the grounds, building, or beach area are prohibited during
March 1st through October 31 st. It is further recommended that lighting standards available from the
Department of Environmental Resource Management and Florida Department of Environmental Protection
be followed in the design of lighting for this building.
10. That the management not prohibit nor discourage access to the State owned beach seaward of the erosion
control line adjacent to this property.
The City Commission will not consider the Conditional Use request until the Site Plan Review
and Appearance Board has taken action on the site plan and considered the waiver and
reduction requests.
A Class V site plan application has been submitted for a private beach club with attendant
recreational, dining, and related accessory facilities and is now before the Board for action.
The development proposal consists of the following:
~ Demolition of the existing restaurant and a portion of the cabana/bath house and the
construction of a two-story 6,794 square foot restaurant (5,388 square feet indoors/1,406
square feet outdoors);
~ Relocation of the existing valet drop-off area within the public right-of-way onto the subject
property; and
SPRAB Staff Report
Seagate Beach Club - Class V Site Plan, Landscape Plan and Building Elevations
Page 3
>- Installation of associated landscaping and dumpster enclosure.
The site plan application includes a waiver request or reduction to the following sections of
the City's Land Development Regulations:
1. LDR Section 4.6.9(F)(3)(e), which requires two handicap accessible parking spaces
adjacent to a valet queue.
2. LDR Section 4.6.9(F)(3)(g)(i), which requires a 10-foot perimeter landscape buffer
consisting of a hedge and trees 30 feet on center between the valet queue and the
property line.
3. LDR Section 4.6.9(F)(3)(f), which requires a minimum length of 100 feet for valet drop-
off/queuing area.
4. LDR Section 4.6.9(F)(1), which allows a parking reduction upon receipt and acceptance of
special documentation that demonstrates a reduced number of parking spaces will
accommodate a specific use.
COMPLIANCE WITH 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.
LOR Section 4.3.4(Kl 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:
Front
Side Interior (North)
Side Interior (South)
Rear
25'
15'
15'
25'
40%
25%
25'
303'
15'
49'
24.3%
61.6%
LDR Section 4.6 (Supplemental Reaulationsl:
Parking Requirements:
Pursuant to LDR Section 4.6.9(C)(3)(d), the required parking for the 6,794 square foot
restaurant is 84 spaces. Pursuant to LDR Section 4.6.9(C)(6)(d), the required parking for the
640 square foot cabana/bath house is 13 spaces. The total required parking for the proposed
redevelopment is 97 parking spaces. The reconfiguration of the valet queue results in the
provision of one handicap accessible parking space on-site. The remainder of the required
SPRAB Staff Report
Seagate Beach Club - Class V Site Plan, Landscape Plan and Building Elevations
Page 4
parking spaces will be provided off-site across the street at the Seagate Residence property
located on the west side of South Ocean Boulevard. The Seagate Residence project was
approved with a surplus of 84 parking spaces. The beach club patrons' vehicles will be
parked by valet attendants. Given the one handicap accessible space on-site and the 84
surplus spaces, the proposed beach club is 12 spaces deficient.
Pursuant to LOR Section 4.6.9(F)(1), when, upon receipt and acceptance of special
documentation, it is conclusively demonstrated that a reduced number of parking spaces will
accommodate a specific use, the body which acts on the attendant site plan may reduce the
parking requirements accordingly. The applicant has submitted the attached letter dated
June 9, 2006 as the "special documentation" to justify the reduced number of parking spaces.
The applicant bases the proposed reduction of 12 parking spaces on four points. The
applicant notes that the proposed development is in effect a shared parking configuration with
the Seagate Residences on the west side of South Ocean Boulevard. The applicant draws a
relationship between the proposed development and the City's requirement that one space
per unit be reserved for each residential unit if the project were located in the CBD (Central
Business District), GC (General Commercial), or PC (Planned Commercial) zoning districts
and the other approximately 1.5 spaces per units would be part of a shared parking
calculation. This would allow 43 of the 73 parking spaces required for the 3D-dwelling units to
counted toward shared parking. It is reasonable to infer that not all of the 30 dwelling units
will have two vehicles and that the guest spaces will not be fully occupied at all times. Based
on this logic it is likely 12 or more spaces currently allocated for residential units would be
available for beach club use. It is also noted that the peak usage of the restaurant generally
differs from the peak usage of the beach club/cabana/pool house, which requires 13 parking
spaces. Further, the applicant indicates that due to the membership-only characteristic of the
beach club, the restaurant does not function the same as a standard sit-down restaurant and,
therefore, does not warrant the same parking calculation. The applicant has made a sound
argument for the reduction of parking based on the functional surplus of parking spaces,
differing hours of operation and the characteristics unique to the beach club restaurant.
Since the parking will be located off-site, a condition of approval is attached that a tri-party
agreement be submitted that delineates the parking relationship between the Seagate Beach
Club and Seagate Residences, and the City.
Valet Parkina:
As noted previously, the proposed development utilizes a valet for the parking of club
member vehicles. The applicant has indicated that the drive aisle along the west side of
South Ocean Boulevard will be utilized for stacking of vehicles during peak hours. Given the
pedestrian danger involved in crossing South Ocean Boulevard, a condition of approval is
attached that valet service be available during all business hours.
Handicap Accessible Parking:
Pursuant to LOR Section 4.6.9(F)(3)(e), valet parking may be utilized to conform with the
number of handicap parking spaces provided that at least two handicapped accessible
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Seagate Beach Club - Class V Site Plan, Landscape Plan and Building Elevations
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spaces are provided adjacent to the vehicle queuing area for those vehicles that cannot be
operated by the parking professional. The development proposal provides only one handicap
accessible parking space adjacent to valet queue. The applicant has requested a waiver to
reduce the number of handicap parking spaces
Pursuant to LDR 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;
(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:
"..the Seagate Beach Club is all valet, and has never experienced a problem with any vehicle
not being able to be operated by the parking professionals. Notwithstanding the foregoing,
we have provided for one handicap space adjacent to the queuing area which we believe to
be sufficient based upon prior experience. "
It is noted that the private beach club is limited to members as opposed to open to the public.
The parking needs of the club members are known to the valet service, where a public valet
queue could never be prepared for special parking needs. The one handicap parking space
should be sufficient to accommodate the stated needs of the club. 8ased on the above a
positive finding with respect to LDR Section 2.4.7(8)(5) can be made. It is noted that final
action on this waiver will be considered by the City Commission.
Valet Queue Length:
Pursuant to LDR Section 4.6.9(F)(3)(f), a valet drop-off/queuing area must be provided with a
minimum length of 100 feet. Greater queuing area may be required as a condition of site
plan or conditional use approval based upon the intensity of the use. The length of the
queuing area may be reduced when supported by a traffic study. The proposed valet queue
is approximately 75 feet long. The applicant submitted a traffic study that indicates:
"As documented in the traffic study, a maximum of approximately 44 inbound vehicles are
associated with the beach club during the peak hour. This translates to approximately one
vehicle every one and one-half minutes. Due to the low inbound vehicular demand
anticipated at the beach club driveway, a stacking for two vehicles should be sufficient in
order to accommodate the inbound vehicular demand. Therefore, 40 to 50 feet of stacking
should be adequate to accommodate the traffic generated by the beach club."
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Based on the applicant's traffic engineer's statement, the proposed reduction is supportable.
As noted previously, additional remote stacking is provided on the west side of South Ocean
Boulevard. It is noted that final action on this waiver will be considered by the City
Commission.
Perimeter Valet Landscape Buffer:
Pursuant to LDR Section 4.6.9(F)(3)(g)(i), a 10-foot perimeter landscape buffer consisting of
a hedge and trees 30 feet on center must be provided between the valet queue and the
property line and none is proposed. The applicant has requested a waiver to eliminate this
requirement.
Waiver Analvsis:
The applicant has submitted the following narrative in support of the waiver request:
"Please note that this letter is being supplied in the abundance of caution since we believe we
have met the LOR requirement for landscape buffering. We have supplied more than the
required amount of landscaping as per our submitted Landscape plan. The issue has been
raised that, due to the fact that the landscape buffer is located within the Florida Oepartment
of Transportation (FOOT) Right-of-Way, we do not meet the Code provision. We believe this
is an interpretive matter and note that the LOR section states only that it needs to be
provided. There is no prohibition noted against using the FOOT right-of-way as the
landscape buffer.
Prior to the submission of the site-plan, we confirmed with the FOOT of our intention to use
the right of way as a buffer and there were no objections, so long as the design and materials
meet FOOT requirements.
As you will note from the submitted site plan, there is 13 feet of buffer from A-1-A to the side
walk, a five foot side walk, and then an additional 15 feet from the edge of the sidewalk to the
valet queuing area (for a buffer space of 33 feet).
Our use of the right-of-way was principally due to the fact that the proposed structure is set
back as far as it could reasonably be set back. As you know, to the east of the site is the
Erosion Control Line and to the west is the FOOT right of way. These facts coupled with the
very irregular dimension of the site necessitated the use of the FOOT right-of-way as the
buffer. "
With the proposed redevelopment, the applicant is required to relocate the valet queue onto
the subject property. Given the configuration of the property, compliance with the perimeter
landscape buffer is problematic. The solution to the problem proposed by the applicant will
provide an effective buffer to the valet queue and maintain the required landscaping within
the right-of-way. It is noted that the applicant will need to provide a hold harmless and
landscape maintenance agreement and this is attached as a condition of approval. Based on
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Seagate Beach Club - Class V Site Plan, Landscape Plan and Building Elevations
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the above a positive finding with respect to LOR Section 2.4.7(8)(5) can be made. It is noted
that final action on this waiver will be considered by the City Commission.
Technical Items: While the revised site plan has accommodated most of the staff
concerns the following items remain outstanding, and will need to be addressed prior
to building permit submittal.
1. That a composite utility plan is provided that includes the proposed landscaping.
2. That the exfiltration trench be relocated onto the subject property in accordance with the
City Engineer's direction.
3. That the redevelopment complies with the development standards of the State of Florida
with respect to the encroachment into the Coastal Construction Control Line.
4. That all conflicts between landscaping and utilities and all physical improvements to the
property are resolved in accordance with direction by the City Horticulturalist and City
Engineer.
5. That the dumpster be redesigned so the doors do not face the public right-of-way.
6. That the illumination levels are noted on the photometric plan.
7. That the sight visibility triangles (LOR Section 4.6.14) are graphically noted on all plans.
8. That the drainage facilities are relocated onto the subject property.
9. FOOT permits are required for this project. Submit copy of FOOT pre application letter to
City Engineer.
10. Provide FEMA Flood Plain designation for the property, the base flood elevation, and a
statement as to how the provisions of the Flood Damage Regulations (Section 4.5.4) will
be met.
11. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality
criteria (1"). Provide signed and sealed drainage calculations and indicate how storm
water will be retained on site. See LOR Section 2.4.3 (D) (4) and (7).
12. Show nearest existing drainage structures per LOR Section 2.4.3 (D) (3).
13. Clearly dimension driveway width. Maximum width of driveway is 24 feet.
14. Show nearest existing fire hydrants and add any necessary hydrants per fire department
requirements.
15. Indicate location of irrigation water meters (east of 1-95 only).
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16.A cleanout will be required on the proposed sewer service at the right-of-way line and/or
easement line.
17 . Indicate typical configuration and location of proposed sewer services with cleanouts.
18. Provide note on both the Engineering Plans and the Landscape plans that there shall be
no trees or shrubs placed within water, sewer or drainage easements. Verify that no
landscaping is planted within these easements.
19. Developer to ensure that no landscaping is planted over any exfiltration trenches.
A landscape plan has been submitted and evaluated by the City Horticulturalist. The
landscape plans provide for perimeter and interior landscape areas in addition to building
foundation landscape areas. A condition of approval is attached that the applicant will need
to enter hold-harmless and maintenance agreements for the landscaping within the public
right-of-way in accordance with direction by the City Engineer. The City Horticulturalist found
that the proposed landscape plan substantially complies with the City's Land Development
Regulations (Section 4.6.16), provided the conditions are addressed.
Landscape Technical Items: The following Landscape Plan items remain outstanding,
and will need to be addressed prior to building permit submission.
1. Tree species shall be a minimum of 12 feet in overall height at the time of planting, with a
minimum of 4 feet of single straight trunk with 6 feet of clear trunk, and a 6-foot spread of
canopy. Native tree species shall be permitted to be 10 feet in height at the time of
planting, with a minimum of 4 feet of single trunk, and a 4-foot spread of canopy when it
can be demonstrated that tree 12 feet in height are not available. Because there is a
shortage of larger trees, the applicant shall provide a substitute species if the particular
tree species that was indicated on the plan is unavailable.
2. Palms must have an overall height of a minimum of 12 feet and a minimum of 6 feet of
clear trunk at the time of planting. Minimum overall palm height may be increased if
palms are of a nature that the fronds hang below an 8-foot clearance, and are further,
located in an area where pedestrians may be adversely affected by the fronds. The
proposed Thrinax palms do not meet this requirement. The applicant shall propose a
substitute species that will meet minimum standards if these palms are being counted in
the calculations.
3. Indicate sight distances at all ingress/egress points and all intersections. Sight triangles
should be indicated on landscape plans. Provide copy of the approved landscape plans.
Per section 4.6.14 of LOR's, any landscaping in the site triangle "shall provide
unobstructed cross-visibility at a level between 3' and 6'" this includes tree trunks.
4. Show all easements on landscape plans.
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Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered by the Site Plan
Review and Appearance Board in the review of plans for building permits. If the following
criteria are not met, the application shall be disapproved.
(1) The plan or the proposed structure is in conformity with good taste, good design, and in
general, contributes to the image of the City as a place of beauty, spaciousness,
harmony, taste, fitness, broad vistas, and high quality.
(2) The proposed structure, or project, is in its exterior design and appearance of quality such
as not to cause the nature of the local environment or evolving environment to materially
depreciate in appearance and value.
(3) The proposed structure, or project, is in harmony with the proposed developments in the
general area, with the Comprehensive Plan, and with the supplemental criteria which may
be set forth for the Board from time to time.
The architectural style of the building is an eclectic interpretation of a Bahama resort. The
roof line includes an exaggerated variation of a Boston hip roof with a decorative outrigger.
The roof material is flat cement tile. The first floor includes a precast f1atwork cladding and
light textured stucco. The second story includes a cementitious siding and balconies with
wood louvered panels and decorative columns. The narrow windows on the first and second
floors will have Bahama shutters. The primary wall color is light beige. The railings, trim, and
Bahama shutters will be painted white. The entrance canopy will be blue. The colored
renderings indicate that the roof material is standing seam metal. This roof material is more
aesthetically appealing and appropriate for the proposed architecture than the flat cement tile.
A condition of approval is attached that the flat cement tile be replaced with standing seam
metal. Based on the above, a positive finding with respect LDR Section 4.6.18(E), subject to
the condition of approval.
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, written
materials submitted by the applicant, 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 areas:
Section 3.1.1 fA) - Future Land Use Map: The subject property has a Future Land Use Map
designation of MD (Medium Density 5-12 du/ac) and is currently zoned RM (Medium Density
Residential). The RM zone district is consistent with the MD Future Land Use Map
designation and private beach clubs with attendant recreational, dining, and related
accessory facilities are allowed as a conditional use for specific locations (including the
subject site) within the City [ref. LDR Section 4.4.6(D)(11 )]. Based upon the above, it is
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Seagate Beach Club - Class V Site Plan, Landscape Plan and Building Elevations
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appropriate to make a positive finding with respect to consistency with the Future Land Use
Map.
Section 3.1.1 (B) - Concurrency: As described in Appendix A, a positive finding of
concurrency can be made as it relates to water, sewer, drainage, parks and recreation, open
space, solid waste, and schools. A concurrency finding for streets and traffic will be required
upon receipt of such a letter from Palm Beach County Traffic Engineering Division.
Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in
Appendix B, a positive finding of consistency can be made as it relates to Standards for Site
Plan Actions.
Section 3.1.1 (D) - Compliance With the Land Development Reaulations: As described
under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can
be made, provided the conditions of approval are addressed.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted
and the following applicable policy and objective 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.
As noted previously, the club appears to have been first established in 1935 with the
construction of the restaurant. The proposed restaurant will be constructed essentially within
the same foot print as the existing structure. There are no physical concerns with the
proposed redevelopment of the property. However, the City has received the attached letters
that express concerns with the compatibility of the proposed redevelopment from nearby
residents. Further, the City has received letters in support of the proposed beach club that
are also attached. During review of the project, the issue of inadequate parking has been
repeatedly expressed from residents of the neighborhood. It is noted that the existing beach
club and hotel are currently nonconforming with respect to parking. This results in vehicles
being parked in swale areas of streets adjacent to the hotel. The elimination of the hotel and
construction of the surplus parking spaces with the condominium redevelopment should
alleviate the parking situation. However, a condition of approval is attached that vehicles are
prohibited from being parked in areas other than designated spaces noted on the Seagate
Residences site plan. The adjacent property owner to the south of the beach club has
expressed concerns with respect to noise originating from the club; beach chairs remaining
on the public beach (east of the erosion control line) over night; and an inadequate valet
queue that causes vehicles to back-up along South Ocean Boulevard in front of his property.
The Planning and Zoning Board recommended that outdoor amplified and non-amplified
music be prohibited after 10:00 p.m. in order to avoid a nuisance to the adjacent property
owner to the south, and this is attached as a condition of approval. In terms of the beach
chairs, the Planning and Zoning Board felt that it was not appropriate to require the applicant
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to relocate the beach chairs west of the erosion control line. The Planning and Zoning Board
did recommend that the beach chairs be stacked in groups perpendicular to the water line so
they do not create an impediment to turtle nesting.
Pursuant to Florida Statute 161.191, the ownership of the property between the high water
line and the established erosion control line is vested in the State. This area measures more
than 400 feet wide. Therefore, preventing club members from accessing the public beach
between the mean high water line and the erosion control line is not appropriate as the
public, including the beach club members, are welcome in this area. A barrier preventing
access is not appropriate and will not be allowed.
Future Land Use Element Policy C-3.4: The City's Coastal Area is one of its most
valuable resources in terms of economic attraction, recreation, and natural beauty.
While action is appropriate to capitalize upon the economic benefits of this resource,
commercialization and promotion shall not occur to such an extent that they diminish
this beach resource.
The proposed 6,794 square foot restaurant will be constructed within the same general
footprint as the existing 5,233 square foot restaurant. The proposed expansion of the
restaurant will not diminish the value of the coastline as an economic, recreation, and
aesthetic asset to the City.
Coastal Manaaement Element Obiective D-2: There shall not be any development
upon the barrier island which shall reduce hurricane evacuation time beyond its
present level or which shall lower the level of service at the intersections of SR A-1-A
and Atlantic Avenue; George Bush Boulevard and SR A-1-A; or at Linton Boulevard
and SR A-1-A.
The upgrading of the existing beach club facility or the establishment of a new club will not
affect hurricane evacuation times on the barrier islands. Hurricane evacuation times are
primarily impacted by the number of dwelling units as residents attempt to leave the area for
safer accommodations.
Section 2.4.5(F)(5) (Site Plan Findinas):
Pursuant to Section 2.4.5(F)(5) (Findings), in addition to provisions of Chapter Three,
the approving body must make a finding that the development of the property
pursuant to the site plan will be harmonious with the adjacent and nearby properties
and the City as a whole, so as not to cause substantial depreciation of property values.
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;
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B. Nor that it will hinder development or redevelopment of nearby properties.
The subject property is bordered on the north side by OS (Open Space); on the south by R-1-
AAA (Single Family Residential); on the west by RM (Multiple Family Residential - Medium
Density); and the east by the Atlantic Ocean. The adjacent land uses include: City and State
beach to the north and east; single family residential to the south, and Seagate Hotel
(approved condos) to the west.
As noted previously, the surrounding neighborhood has experienced chronic problems
associated with the beach club and associated hotel on the west side of South Ocean
Boulevard. The principal issues relate to inadequate parking on the hotel site, inadequate
valet queue at the beach club, and nuisances generated by the beach club such as noise and
private use of the State beach.
The redevelopment of the hotel site to condominiums and resulting reduction in intensity will
help alleviate the parking problems associated with both the hotel and the beach club. The
applicant proposes to relocate the existing valet queue within the right-of-way of South Ocean
Boulevard onto the subject property. Given the configuration of the property, the provision of
a proper valet queue on the subject property is problematic since a drop-off and pick-up lane
could not be reasonably provided. The provision of a dual valet queue would increase the
performance of the queue by eliminating the competing conflicts between incoming and
outgoing patrons. The applicant should explore the possibility of increasing the valet queue 5
feet into the South Ocean Boulevard right-of-way with the Florida Department of
Transportation. This will increase the valet queue width to 20 feet and provide sufficient area
for dual lanes. A condition of approval is attached that the applicant provides evidence that
this option was explored. Further, to enhance compatibility, a condition is attached that
outdoor music including amplified or un-amplified be prohibited after 10:00 p.m. The beach
chairs negatively impact turtle nesting (March 1st through October 31st) when they are
stacked parallel to the water line. Therefore, a condition of approval is attached that the
beach chairs are stacked in groups perpendicular to the water line.
In conclusion, the proposed redevelopment of the beach club and the associated Seagate
Hotel will reduce the negative impact on the surrounding neighborhood if approved as
recommended by staff. Aside from the Seagate Hotel, the only other developed property
adjacent to the beach club is the single family residence to the south. The proposed
redevelopment of the beach club will not hinder the development or redevelopment of this
property. Based on the above, a positive finding with respect to LOR Section 2.4.5(F)(5) can
be made.
The development proposal is not within a geographical area requlrmg review by the
Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
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Seagate Beach Club - Class V Site Plan, Landscape Plan and Building Elevations
Page 13
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
. Neighborhood Advisory Council
. Chamber of Commerce
· Progressive Residents of Delray
· Beach Properties Owners Association
. Via Marina
. Presidents Council
The City has received the attached letters regarding the proposed development. Any
additional letters of objection or support, if any, will be presented at the SPRAB meeting.
As described in this staff report, there are several concerns regarding the compatibility of the
beach club with the surrounding neighborhood. There are several conditions of approval that
address improving the compatibility with these neighbors. The applicant has requested a
special parking reduction based on the effective parking that will be available within the
Seagate Residence parking facility and the unique nature of the private membership beach
club restaurant facility. This reduction is supportable based on the shared parking spaces
that will be available and the members-only aspect of the restaurant. In summary, the
proposed development is an adaptive reuse of the property that is constrained by the oddly
shaped property. The proposed development is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings
can be made with respect to Section 2.4.5(F)(5) regarding compatibility of the proposed
development with surrounding properties, subject to the conditions of approval.
A. Continue with direction.
B. Move approval of the request for waivers, parking reduction, and Class V site plan,
landscape plan and architectural elevations for Seagate Beach Club, 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(F)(5), 2.4.7(B)(5), and Chapter 3 of the Land Development Regulations,
subject to the attached conditions of approval.
C. Move denial of the request for waivers, parking reduction, and Class V site plan,
landscape plan and architectural elevations for the Seagate Beach Club, 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 Sections
2.4.5(F)(5), 2.4.7(B)(5) and Chapter 3 of the Land Development Regulations.
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By separate motions:
Waivers:
1. Recommend approval to the City Commission of the waiver to LOR Section 4.6.9(F)(3)(e),
which requires two handicap accessible parking spaces adjacent to a valet queue, based
on a failure to make a positive finding with respect to LOR Section 2.4.7(B)(5).
2. Recommend approval to the City Commission of the waiver to LOR Section
4.6.9(F)(3)(g)(i), which requires a 10-foot perimeter landscape buffer consisting of a
hedge and trees 30 feet on center between the valet queue and the property line, based
on a positive finding with respect to LOR Section 2.4.7(B)(5).
Special Action:
1. Recommend approval to the City Commission of the request for relief from LOR Section
4.6.9(F)(3)(f), to reduce the required valet drop-off/queuing length from 100 feet to
approximately 75 feet.
2. Approve the reduction to parking spaces required pursuant to LOR Section 4.6.9(C)(3)(d)
by 12 spaces based on LOR Section 4.6.9(F)(1), which allows a parking reduction upon
receipt and acceptance of special documentation that demonstrates a reduced number of
parking spaces will accommodate a specific use.
Site Plan:
Approve the request for a Class V site plan for Seagate Beach Club, 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(F)(5), and Chapter 3 of the Land Development Regulations, subject to the following
conditions:
1. Address all Site Plan and Engineering Technical Items and submit four (4) copies of the
revised plans.
2. That a letter be submitted from the Palm Beach County Traffic Engineering Division with
respect to a finding of concurrency.
3. That vehicles are prohibited from being parked in areas other than designated spaces
noted on the Seagate Residences site plan.
4. That outdoor amplified/non-amplified music is prohibited after 10:00 p.m.
5. That the applicant explores the possibility of expanding the valet queue by 5 feet to
provide dual stacking areas within a portion of the South Ocean Boulevard right-of-way.
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Seagate Beach Club - Class V Site Plan, Landscape Plan and Building Elevations
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6. That the beach chairs be stacked in groups perpendicular to the water line.
7. That a tri-party agreement be submitted that delineates the parking relationship between
the beach club, residences, and the City.
8. That a parking professional (valet service) be available for vehicle retrieval during
business hours.
9. That all lighting comply with Code of Ordinance Section 91.51 and all windows be tinted to
minimize lighting glow on the beach. All spotlights illuminating the grounds, building, or
beach area are prohibited during March 1st through October 31st. It is further
recommended that lighting standards available from the Department of Environmental
Resource Management and Florida Department of Environmental Protection be followed
in the design of lighting for this building.
10. That the management not prohibit nor discourage access to the State owned beach
seaward of the erosion control line adjacent to this property.
Landscape Plan:
Approve the landscape plan for Seagate Beach Club based on positive findings with respect
to Section 4.6.16 of the Land Development Regulations, subject to the following conditions:
1. That all that all Landscape Technical Items are addressed and three (3) copies of the
revised plans are submitted.
2. That the applicant enter hold-harmless and maintenance agreements for the landscaping
within the public right-of-way.
Elevations:
Approve the proposed elevations for Seagate Beach Club based on positive findings with
respect to LDR Section 4.6.18(E), subject to the following condition;
1. That the flat cement tile be replaced with standing seam metal.
Attachments:
Appendix A
Appendix B
Site Plan, Landscape Plan, and Building Elevations
Parking reduction justification letter dated June 9, 2006
12 letters of concern and support
Report prepared by: Scott Pape, Senior Planner
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Seagate Beach Club - Class V Site Plan, Landscape Plan and Building Elevations
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Pursuant to Section 3,1.1 (B) 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:
Water and Sewer:
Water and sewer service is available to existing 8 inch mains along South Ocean 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 an exfiltration trench located within
the South Ocean Boulevard right-of-way. A technical item is attached that the exfiltration trench be
relocated onto the subject property in accordance with the City Engineer's direction. There are no
problems anticipated in retaining drainage on site and obtaining any/all necessary permits.
Streets and Traffic:
A traffic statement has been submitted that indicates that the proposed development will generate an
additional 60 average daily trips and 5 additional p.m. peak hour trips. 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 concern with respect to traffic
concurrency. Thus, a positive finding of concurrency can be made subject to the condition that a
letter to effect is received from the Palm Beach County Traffic Engineering Division.
Parks and Recreation Facilities:
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". Since the beach club does not include a residential component, there will be no impact
on this level-of-service.
Solid Waste:
The existing 7,486 square foot restaurant and 1,531 square foot cabana/bath house generate a total
of 102.23 tons of solid waste annually. The proposed 6,794 square foot restaurant and 640 square
foot cabana/bath house will generate a total of 89 tons of solid waste annually, which is a net
decrease of 13.23 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.
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Seagate Beach Club - Class V Site Plan, Landscape Plan and Building Elevations
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School Concurrency:
School concurrency is not applicable since there is no residential component to the proposed
development.
A. Building design, landscaping, and lighting (glare) shall be such that they do not create
unwarranted distractions or blockage of visibility as it pertains to traffic circulation.
Not applicable
Meets intent of standard X
Does not meet intent
B. Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found under
Objectives 0-1 and 0-2 of the Transportation Element.
Not applicable
Meets intent of standard
X (Provided that the valet service is provided at all times
during business hours)
Does not meet intent
C. Open space enhancements as described in Policies found under Objective B-1 of the Open
Space and Recreation Element are appropriately addressed.
Not applicable X
Meets intent of standard
Does not meet intent
D. The City shall evaluate the effect that any street widening or traffic circulation modification
may have upon an existing neighborhood. If it is determined that the widening or
modification will be detrimental and result in a degradation of the neighborhood, the project
shall not be permitted.
Not applicable X
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be planned in a
manner which is consistent with adjacent development regardless of zoning designations.
Not applicable
Meets intent of standard
X (Subject to the recommended conditions of approval
that address the compatibility of the beach club with the
neighboring residential uses)
Does not meet intent
F. Vacant property shall be developed in a manner so that the future use and intensity are
appropriate in terms of soil, topographic, and other applicable physical considerations;
complementary to adjacent land uses; and fulfills remaining land use needs.
Not applicable X
Meets intent of standard
Does not meet intent
SPRAB Staff Report
Seagate Beach Club - Class V Site Plan, Landscape Plan and Building Elevations
Page 19
G. 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 the Housing Element. This
shall be accomplished through the implementation of policies under Objective B-2 of the
Housing Element.
Not applicable X
Meets intent of standard
Does not meet intent
H. 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.
Not applicable
Meets intent of standard
Does not meet intent
X (Provided the conditions of approval are addressed)
I. Development shall not be approved if traffic associated with such development would create
a new high accident location, or exacerbate an existing situation causing it to become a high
accident location, without such development taking actions to remedy the accident situation.
Not applicable
Meets intent of standard X
Does not meet intent
J. Tot lots and recreational areas, serving children from toddler 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.
Not applicable X
Meets intent of standard
Does not meet intent
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CITY OF OELRA Y BEACH, FL
PLANNING'" ZONING OEPARTMENT
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SEAGATE BEACH CLUB
MAP REF: LM898
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TO:
D,AY!J> T. H
y~.
THRU: 'lUL DO lNG, I ECTOR OF PLANNING & ZONING
FROM: A~ ARONSON, PARKING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF AUGUST 1,2006 - REGULAR AGENDA
APPROVE A REQUEST FROM THE SAKI ROOM TO ESTABLISH A
VALET PARKING QUEUE ON WEST ATLANTIC AVENUE
The Saki Room, located at 401 West Atlantic Avenue, has submitted a request to
establish a new valet parking queue on Atlantic Avenue in front of their restaurant. The
request proposes to lease the three westernmost spaces in front of the restaurant,
seven days per week, between the hours of 5:00 PM and 1 :00 AM. Pursuant to LOR
Section 4.3.3(VV) the restaurant currently needs to get conditional use approval to
operate after 12:00 midnight as it is within 300' of a residentially zoned property.
Accordingly, this agreement, if approved, will be established with operating hours
between 5:00 PM and Midnight until such time as a conditional use to extend operating
hours for the restaurant is granted.
The Saki Room is in the process of securing an agreement to lease the parking lot at
Shuler Memorial Chapel located at 606 West Atlantic Avenue. One cause for concern
with this type of agreement is if the Chapel is conducting evening memorial services the
parking lot will not be available to the valet. Stipulations that the valet may not operate
during memorial services will be included in all agreements.
On June 14, 2006, the West Atlantic Redevelopment Coalition unanimously
recommended approval of the applicant's request.
On July 25, 2006, the Parking Management Advisory Board unanimously recommended
approval of the applicant's request.
By motion, approve the request from the Saki Room to establish a valet queue as
outlined above on the condition that the management agreement include conditions as
mentioned in this report (Le. hours of operation; no operation during memorial services).
Attached:
o Letter of Request
o Aerial Photo
g.~
Jun 22 06 12:04p
CL Publishin~
5612726984
p.2
rCJCJrn
401 West Atlantic Ave. Delroy Beach, FI 33444
866.884.SAKI SAKI ROOM. COM
6/22/06
This letter is to serve as a formal agreement between the Saki Room LLC and the Shuler
Memorial chapel. Saki Room LLC will lease the parking lot per month at the property
owned by Shuler Memorial chapel located at 606 West Atlantic Avenue, Delray Beach
FL, 33444. The parking spaces will be leased form Shuler Memorial chapel to Saki Room
LLC, seven days a week, from 5pm until 12 am. The parking lot will be under the
insurance binder provided by both Saki Room LLC and Global Parking System during
the set hours above.
Saki Room LLC provides a one million dollar insurance binder in conjunction with
Global Parking System one million dollar insurance binder, totaling a combined two
million dollar insurance binder.
Saki Room LLC will lease the parking lot from the Shuler Memorial chapel. The
payment to the Shuler Memorial chapel will be no later then the fifth day of each month.
This agreement shall remain in effect for a period of three years. In the event the Shuler
Memorial chapel needs to operate at the set designated lease time, Saki Room will honor
all rights at the request of Mr. Shuler for any reason.
PARKING LICENSE AGREEMENT
THIS AGREEMENT ("The Agreement") is made this _ day of , 2002, by
and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "CITY"),
and , a Florida corporation ("LICENSEE").
WITNESSETH:
WHEREAS, LICENSEE has requested permission to use a certain number of public
parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and
WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE
enter into this non-exclusive License Agreement.
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual
covenants and conditions contained in this Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby
agree as follows:
1. Incorporation of Recitals. The parties hereby represent and warrant that the
above recitals are accurate and correct and hereby incorporate them in this Agreement.
2. Parkin!! Queues. The CITY agrees to allow LICENSEE the non-exclusive use
of _ (number) parking spaces located for
valet parking queues. The parking spaces are to be used for valet parking queues daily between
the hours of _ p.m. to _ a.m. on . (days per week).
LICENSEE acknowledges that the valet parking queues may be unavailable for use during
certain special events from time to time (as determined in the CITY's sole discretion) and during
the special events, the license will not be valid. It is also understood by the terms of this
Agreement that the valet queue location may from time to time be re-Iocated by the CITY in its
sole discretion after providing thirty (30) days' written notice to LICENSEE. The LICENSEE
and or the Valet shall not restrict the use of the Valet Queues to only persons using the
LICENSEE'S business, but the valet queue shall be open to anyone wanting to use the valet
service offered by LICENSEE. The City Manager or his designee(s), shall enforce the
provisions of this agreement, including the location, time, days of the valet service, parking
limitations and requirements, and compliance with all applicable laws and ordinances. When
required by law, the enforcement shall be accomplished through personnel authorized by law to
enforce the law.
3. Parkin2: Locations/A2:reements. LICENSEE agrees that LICENSEE and/or)ts
employees will not park any cars in CITY owned on-street or off-street parking spaces.
LICENSEE further agrees that LICENSEE will provide the CITY with current written
assurances and/or a lease agreement for use of a private parking 10t(s). The private lot(s) must
also comply with minimum City codes for a parking 10t(s). LICENSEE shall also provide the
CITY with a copy of its current valet agreements, and a copy of its current insurance certificate
as set forth in Exhibit A. LICENSEE will ensure that the valet service is operated in a manner
that will not result in cars stacking on and/or blocking the travel ways of any alleyway, public
street or parking lot. These assurances and agreements must be provided upon execution of this
License Agreement., when there is a change in any agreement referred to herein or upon the
request of the CITY. Failure to comply with these conditions will be a basis for termination of
this License Agreement.
4. Payment for Parkin2: Queue Spaces. LICENSEE agrees to pay the CITY
Seventy Five dollars ($75.00) per month, per parking queue space utilized by the 10th of each
month. A late fee of 5% will be charged after this date. If more than one License Agreement is
issued for the queues, the fee will be shared proportionately.
5. Si2:na2:e. The CITY agrees to post the valet parking queue spaces with valet
parking times and days authorized. Sandwich board signs may not be used to advertise the valet
service. Advertising signs will be allowed as prescribed by the City's Manager or his designee.
6. Valet Service: Valet Equipment. The LICENSEE'S operator may for the
storage of keys install a moveable, temporary, valet desk on the sidewalk, either public or private,
during the hours of valet service so long as the desk does not impede the pedestrian flow.
7. Term and Renewal. The term of this Agreement shall be for one year from the
date written above. The License may be renewed by the City Manager following receipt of a
written notice from LICENSEE that LICENSEE desires to continue using the parking spaces
for valet parking queue, if the City Manager determines in his sole discretion that the renewal is
in the best interests of the CITY. The City Manager may add additional provisions to this
agreement upon renewal, including but not limited to, the requirement to use an off-duty police
officer during the time and dates the City Manager deems advisable.
2
8. Revocable License. This Agreement is only a non-exclusive License Agreement
and may be revoked by the CITY at anytime with or without cause during the initial term or any
renewals thereof upon providing written notice via U.S. Mail to LICENSEE. The revocation
shall be effective when mailed.
9. Compliance with Laws. LICENSEE agrees to comply and adhere to all state
laws and local ordinances regarding parking that exist or as amended from time to time.
LICENSEE further acknowledges that due to the high traffic in this area, double parking
unattended vehicles will not be permitted.
10. Notice. Notices required to be provided pursuant to this Agreement shall be sent
to the following addresses:
To CITY:
David T, Harden, City Manager
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To LICENSEE:
11. Insurance. LICENSEE agrees to provide the CITY insurance for the valet
service in the amounts and under the conditions prescribed in Exhibit A which shall at all times
remain current. The City of Delray Beach shall be named an additional insured.
12. Indemnification. In consideration of the payment of Ten Dollars ($10.00),
receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold
harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of
action arising during the Term of this Lease for any personal injury, loss of life and/or damage to
property sustained in or about the parking spaces/queues by reason or as a result of the use and
occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees,
invitees, and members of the public generally, and from and against any orders, judgments,
and/or decrees which may be entered thereon, and from and against all costs, attorney fees,
expenses and liabilities incurred in and about the defense of any such claim. In the event the
CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE
against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY
3
harmless and pay all costs and attorney's fees incurred by the CITY in connection with such
litigation, and any appeals thereof.
13. Third Parties. Nothing III this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any person
other than the parties hereto and their respective heirs, successors, legal representatives, and
permitted assigns, nor is anything in this Agreement intended to relieve or discharge the
obligation or liability of any third persons to any party to this Agreement, nor shall any provision
thereof give any third person any right of subrogation or action over or against any party to this
Agreement.
14. Penalties for Violations/Termination. Penalties will be imposed upon the
LICENSEE for:
(1) Valet parking of cars in either on-street or off-street public parking spaces; and/or
(2) Valet parking of cars in the designated parking queues; and/or
(3) Expanding the designated parking queues area.
The penalty schedule for the above violations is as follows:
1 st violation
2nd violation -
3rd violation -
4th violation -
warnlng
$200
$500
Termination of License Agreement
Notices of violation will be written by a Police Department representative and will be
sent to the LICENSEE with a copy to the City Manager. Failure to make payment within thirty
(30) days of receipt of the notice will result in termination of the agreement.
LICENSEE acknowledges, however, notwithstanding the foregoing that the CITY may
terminate this non-exclusive License Agreement without cause or for cause. LICENSEE will at
all times comply with the City's policy/procedure for use of public parking spaces/queues which
shall change from time to time subject to the sole discretion of the City.
15. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies,
assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes,
property taxes, and sales taxes that may be imposed.
4
16. Assh!:nment. This Agreement shall not be transferred or assigned without the
express written consent ofthe CITY, which the CITY may withhold grants in its sole discretion.
17. Further Assurances. The parties shall from time to time execute and deliver such
other and further instruments and documents and do all matters and things which may be
convenient or necessary to more effectively and completely carry out the intent of this
Agreement.
18. Bindin2 Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
19. Entire A2reement. This Agreement shall constitute the entire agreement of the
parties with respect to the subject matter of it. All prior understandings and agreements between
the parties with respect to such matters are merged into this Agreement, which alone fully and
completely expresses their understanding.
20. Amendments. This Agreement may not be amended, modified, altered, or
charged in any respect, except by a further agreement in writing duly executed by each of the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalfthis _ day of , 2001.
ATTEST:
THE CITY OF DELRAY BEACH,
a Florida Municipal Corporation
By:
City Clerk
David W. Schmidt, Mayor
Approved as to form:
City Attorney
(CORPORATE SEAL)
By:
Name Printed:
Title:
5
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 2001, by
, as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
(state or place of
incorporation) corporation, on behalf of the corporation. He/She is personally known to me or
has produced
(type of identification) as identification.
Signature of Notary Public - State of
Florida
6
EXHIBIT A
INSURANCE REQUIREMENTS FORM
1. Workers' Compensation per the Statutory limits of the State of Florida to include
Employer's Liability Insurance with limits of at least $100,000/$500,000/$100,000.
2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence
to protect the City against all risks of injury to persons (including death) or damage to
property wherever located resulting from any action or operation under the contract or in
connection with the work. This policy is to provide coverage for premises/operations
including auto liability, independent contractors, broad form contractual liability,
products/completed operations.
3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual
aggregate of $500,000.
4. Automobile Liability of at least $300,000 combined single limits per occurrence for
owned/non-owned/hired automobiles connected with the business.
5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional
insured on the liability policies; and it must be stated on the certificate.
6. Thirty (30) days written cancellation notice required.
7. Best's guide rating B+, vrn or better, latest edition,
7
~
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
200l\'W Isl AVENUE' DELRAY BEACH, FLORIDA 33444
TELEPHONE: 561/243-70l)O' FACSIMILE: 561/278-4755
DELRAY BEACH
~
All-America City
Writer's Direct Line: 561/243-7091
, III J! DATE:
MEMORANDUM
July 25, 2006
1993
2001
FROM:
City Commission
David Harden, City Manager
P--~-
Brian Shutt, Assistant City Attorney
TO:
SUBJECT: Lease Aqreement for a Tower to be Located at the Municipal Golf
Cou rse
The attached lease agreement between the City and GTP Acquisition Partners II,
LLC, provides that the City shall lease an 80' x 80' square parcel to GTP to allow
GTP to place a communications tower (monopole not to exceed 125' in height) on
the parcel. The parcel is located near the City's maintenance shed at the
municipal golf course. The initial term of the agreement is for 10 years with 2
automatic 5 year renewal periods unless GTP notifies the City of its desire not to
renew the agreement. The agreement may then be renewed upon the consent of
both parties for additional 5 year terms. GTP shall pay the City a monthly rent of
$1,000.00, plus 25% of the gross monthly rent that it receives after the first
subtenant. The monthly rent shall commence upon the beginning of the
construction of the tower or December 1, 2006, whichever occurs first. Prior to
commencing the payment of the rental fee, GTP shall pay the City a fee of
$750.00 upon the execution of the agreement to allow GTP to perform testing on
the site. The monthly rent shall increase by 3%, on an annual basis, over the rent
paid the previous year. The tower shall not interfere with the City's communication
system and GTP shall indemnify the City for its actions, or inactions, regarding the
placement and use of the tower on City property.
Our office requests that this item be placed on the August 1, 2006 Commission
agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Robert Barcinski, Asst. City Manager
9,D
Tower Site Number: FL-5216
Tower Site Name: Delray Golf Course
GROUND LEASE AGREEMENT
THIS GROUND LEASE AGREEMENT ("Agreement"), dated as of the date below, is entered into by the CITY OF
DELRAY BEACH, a Florida municipal corporation, having a mailing address of 100 NW 1st Avenue, Delray Beach, FL 33444
(hereinafter referred to as "Landlord") and GTP ACQUISITION PARTNERS II, LLC, a Delaware limited liability company, having
a mailing address of 1801 Clint Moore Road, Suite 110, Boca Raton, FL 33487 (hereinafter referred to as "Tenant").
BACKGROUND
Landlord owns that certain plot, parcel or tract of land, together with all rights and privileges arising in connection
therewith, located at 2200 Highland Avenue in the City of Delray Beach, in the County of Palm Beach, State of Florida 33445 and
more commonly known as the Delray Beach Municipal Golf Course, PCN: 12-43-46-19-00-000-1010) (collectively, the
"Property") as described in Exhibit 1 attached hereto. Tenant desires to use a portion of the Property for a communications
tower. Landlord desires to grant to Tenant the right to use a portion of the Property in accordance with this Agreement.
The parties agree as follows:
1. RIGHT TO LEASE,
(a) Landlord grants to Tenant right to lease a portion of the Property measuring approximately 80' x 80' or 6,400
square feet as described on attached Exhibit 2, together with unrestricted access for Tenant's uses from the nearest public right-
of-way along the Property to the Premises as described on the attached Exhibit 2 along with the right to construct, install and
maintain a monopole tower not to exceed one hundred twenty five feet (125') AGL, excluding antennas, which shall be non-
contrasting gray in color per Landlord's Land Development Regulations Section 4.3.3.(S)(2)(e) 6 (collectively, the "Premises").
(b) From and after the date of this Agreement as set forth above for the time period set forth below (the "Testing
Period"), and at any time during the term of this Agreement, Tenant and its agents, engineers, surveyors and other representatives
will have the right to enter upon the Property to inspect, examine, conduct soil borings, drainage testing, material sampling, and other
geological or engineering tests or studies of the Property (collectively, the "Tests"), to apply for and obtain licenses, permits,
approvals, or other relief required of or deemed necessary or appropriate at Tenant's sole discretion for its use of the Premises
and include, without limitation, applications for zoning variances, zoning ordinances, amendments, special use permits, and
construction permits (collectively, the "Government Approvals"), initiate the ordering and/or scheduling of necessary utilities,
and otherwise to do those things on or off the Property that in the opinion of Tenant, are necessary in Tenant's sole discretion to
determine the physical condition of the Property, the environmental history of the Property, Landlord's title to the Property and the
feasibility or suitability of the Property for Tenant's Permitted Use, all at Tenant's expense. Tenant will not be liable to Landlord or any
third party on account of any pre-existing defect or condition on or with respect to the Property, whether or not such defect or
condition is disclosed by Tenant's inspection. Tenant will restore the Property to its condition as it existed at the commencement
of the Testing Period (as defined below), reasonable wear and tear and casualty not caused by Tenant excepted. In addition,
Tenant shall indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or claims arising
directly out of Tenant's Tests.
(c) In consideration of Landlord granting Tenant the Testing Period, Tenant agrees to pay Landlord the sum of
Seven Hundred Fifty Dollars ($750.00) within thirty (30) business days of the full execution of this Agreement. The Testing
Period will be for an initial term of six (6) months (the "Initial Testing Period"). However, Tenant shall have the right to extend
such Initial Testing Period on a monthly basis if, despite Tenant's diligent efforts, Tenant is unable to secure any building permits
or other approvals required by Landlord due to Landlord's delay.
(d) During the Initial Testing Period and any extension thereof, Tenant may commence the Initial Term of this
Agreement by notifying Landlord in writing. If Tenant commences the Initial Term, then Landlord leases the Premises to the
Tenant subject to the terms and conditions of this Agreement. If Tenant does not commence the Agreement during the Initial
Testing Period or any extension thereof, this Agreement will terminate and the parties will have no further liability to each other.
2, PERMITTED USE: IMPROVEMENTS,
(a) Tenant may use the Premises for the transmission and reception of communications signals and the
installation, construction, maintenance, operation, repair, replacement and upgrade of its communications fixtures and related
equipment, cables, accessories and improvements, which may include a suitable support structure, associated antennas,
equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises
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(collectively, the "Communication Facility"), as well as the right to test, survey and review title on the Property; Tenant further
has the right to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or
local mandated application, including, but not limited to, emergency 911 communication services, at no additional cost to Tenant
or Landlord (collectively, the "Permitted Use"). Landlord and Tenant agree that any portion of the Communication Facility that
may be conceptually described on Exhibit 2 will not be deemed to limit Tenant's Permitted Use. If Exhibit 2 includes drawings
of the initial installation of the Communication Facility, Landlord's execution of this Agreement will signify Landlord's approval of
Exhibit 2. Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas,
electric lines from the main feed to the equipment shelter or cabinet and communication lines from the main entry point to the
equipment shelter or cabinet, and to make Property improvements, alterations, upgrades or additions appropriate for Tenant's
use ("Tenant Changes"). Tenant Changes include the right to construct a fence around the Premises and undertake any other
appropriate means to secure the Premises. Tenant agrees to comply with all applicable governmental laws, rules, statutes and
regulations, relating to its use of the Communication Facility on the Property. Tenant has the right to modify, supplement,
replace, upgrade, expand the equipment, increase the number of antennas or relocate the Communication Facility within the
Premises at any time during the term of this Agreement. Tenant will be allowed to make such alterations to the Property in order
to accomplish Tenant's Changes or to insure that Tenant's Communication Facility complies with all applicable federal, state or
local laws, rules or regulations. It is understood and agreed that space on and/or within the Communication Facility shall be
provided to Landlord's Public Safety Communications at the then current market rate for such equipment upon Landlord's
request if such requested space is available at the time of request by Landlord and if the Communications Facility has the
structural capacity for such equipment.
(b) Landlord grants Tenant the right to clear all trees, undergrowth, or other obstructions and to trim,
cut and keep trimmed and cut all tree limbs, which may interfere with or fall upon the Communications Facility or Premises.
Tenant must first obtain permission from Landlord prior to cutting or clearing any trees or undergrowth so as not to interfere with
the landscaping for the golf course. Landlord grants Tenant a non-exclusive easement in, over, across and through other real
property owned by Landlord as reasonably required for construction, installation, maintenance, and operation of the
Communication Facilities. In the event that the tower to be constructed by Tenant on the Premises is a guyed tower, Landlord
also grants Tenant an easement in, over, across and through Landlord's real property for the installation and maintenance of and
reasonable access to the guy wires and guy wire anchors. Tenant shall first receive permission from Landlord to install a guy
tower.
3. TERM.
(a) The initial lease term will be ten (10) years ("Initial Term"), commencing upon the Commencement Date, as
defined below. The Initial Term will terminate on the last day of the month in which the tenth (10th) annual anniversary of the
Commencement Date occurs.
(b) This Agreement will automatically renew for two (2) additional five (5) year term(s) ("Extension Terms"),
upon the same terms and conditions unless the Tenant notifies the Landlord in writing of Tenant's intention not to renew this
Agreement at least thirty (30) days prior to the expiration of the existing Term so long as Tenant is not in default hereunder.
Tenant shall have the right renew for additional five (5) year Extension Terms upon mutual agreement of the parties.
(c) If Tenant remains in possession of the Premises after the termination or expiration of this Agreement then
Tenant will be deemed to be occupying the Premises on a month to month basis (the "Holdover Term"), subject to the same
terms and conditions of this Agreement.
(d) The Initial Term, the Extension Term and the Holdover Term may be collectively referred to as the Term
("Term").
4. RENT.
(a) Commencing on the earlier of the date that Tenant commences construction of the Communication Facility or
December 1, 2006 (the "Commencement Date"), Tenant will pay the Landlord a monthly rental payment of One Thousand
Dollars ($1,000.00) ("Rent"), at the address set forth above on or before the fifth (5111) day of each calendar month in advance.
Rent will be prorated for any partial month. The initial Rent payment will be forwarded by Tenant to Landlord within thirty (30)
days from the Commencement Date.
(b) For each subtenant located on the Tower in addition to the first subtenant, Tenant shall pay to Landlord
Twenty Five Percent (25%) of the gross monthly rent received by Tenant from each subtenant collocating on the Premises as
additional rent.
(c) On each annual anniversary of the Commencement Date throughout the Term, the monthly Rent will
increase by three percent (3 %) over the Rent paid during the previous year.
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5. TAXES.
Tenant shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the
Communication Facility. Landlord shall pay when due all real property taxes and all other fees and assessments attributable to
the Property and Premises. Tenant shall pay as additional Rent any increase in real property taxes levied against Premises,
which are directly attributable to Tenant's use of the Premises (but not, however, taxes attributable to periods prior to the
Commencement Date such as roll-back or greenbelt assessments) if Landlord furnishes proof of such increase to Tenant. In the
event that Landlord fails to pay when due any taxes affecting the Premises or the Easement, Tenant shall have the right but not
the obligation to pay such taxes and deduct the full amount of the taxes paid by Tenant on Landlord's behalf from future
installments of Rent.
6. APPROVALS,
(a) Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the Premises for
Tenant's Permitted Use and Tenant's ability to obtain all Government Approvals. Landlord authorizes Tenant to prepare, execute
and file all required applications to obtain Government Approvals for Tenant's Permitted Use under this Agreement and agrees to
reasonably assist Tenant with such applications.
(b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance
company of its choice and to have the Property surveyed by a surveyor of Tenant's choice. In the event Tenant determines, in its
sole discretion, due to the title report results or survey results, that the condition of the Premises is unsatisfactory, Tenant will
have the right to terminate this Agreement upon notice to Landlord.
(c) Tenant may also perform and obtain, at Tenant's sole cost and expense, soil borings, percolation tests,
engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to
determine if the Tenant's use of the Premises will be compatible with Tenant's engineering specifications, system, design,
operations or Government Approvals. Any materially adverse test results or report will entitle Tenant, at its option, to terminate
this Agreement.
7, TERMINATION.
This Agreement may be terminated, without penalty or further liability, as follows:
(a) by either party on thirty (30) days prior written notice, if the other party remains in default under Paragraph 16
Default and Right to Cure of this Agreement after the applicable cure periods;
(b) by Tenant upon written notice to Landlord, if Tenant is unable to obtain, or maintain, any required approval(s)
or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction
or operation of the Communication Facility as now and hereafter intended by Tenant; or if Tenant determines in its sole discretion
that the cost of obtaining or retaining the same is commercially unreasonable; or
(c) by Tenant on ninety (90) days prior written notice for any or no reason.
8, INSURANCE AND WAIVER OF SUBROGATION.
(a) Tenant will carry during the Term, at its own cost and expense, the following insurance: (i) "All Risk" property
insurance for its property's replacement cost; (ii) commercial general liability insurance with a minimum limit of liability of
$1,000,000 combined single limit for bodily injury or death/property damage arising out of anyone occurrence; and (iii) Workers'
Compensation Insurance as required by law. It is understood and agreed that the coverage afforded by Tenant's commercial
general liability insurance also applies to Landlord as an additional insured, but only with respect to Landlord's liability arising out
of its interest in the Property.
(b) Tenant releases Landlord from any claims for damage to Tenant's Communications Facility covered and
provided for in its own insurance policies carried by any of the parties which are in full force at the time of such claim and contain
a clause to the effect that such release does not effect the policy or the insured's right to recovery thereunder. Tenant shall
instruct its insurance companies to waive any and all right of recovery by way of subrogation against the other in connection with
any damage covered by said insurance policies.
9, INTERFERENCE.
(a) Landlord will not grant, after the date of this Agreement, a lease, license or any other right to any third party
for the use of the Premises, if such use may in any way adversely affect or interfere with Tenant's Communication Facility. Such
interference shall include physical interference or obstruction of the Communications Facility. Landlord will notify Tenant in writing
prior to granting any third party the right to install and operate any such communications equipment. Nothing contained herein
will restrict Tenant nor its successors and assigns from installing and modifying its communications equipment.
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(b) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents to use,
any portion of the Premises in any way, which interferes with the operations of Tenant or the rights of Tenant under this
Agreement. Such interference shall include physical interference or obstruction of the Communications Facility. Landlord will
cause such interference to cease within twenty-four (24) hours after receipt of notice of interference from Tenant, unless such
interference is a result of the Landlord's public safety system, in which case the Landlord shall not be required to alter its public
safety network. In the event any such interference does not cease within thirty (30) days, Tenant will have the right to terminate
this Agreement upon notice to Landlord.
(c) Tenant shall not use the Premises in any way that interferes with the operation, maintenance and repair of
equipment and systems as installed and operating at the Property as of the Commencement Date. The operation of Tenant's
Communications Facility shall not interfere with the maintenance or operation of the Property, including but not limited to the
operation of any radio or telecommunication equipment installed at the Property prior to the Commencement Date of this
Agreement nor interfere with any public safety system, as installed now or as may be installed in the future, at any time during
the Term hereof. Tenant agrees to require the interfering party cease all operations (except for intermittent testing) within
twenty-four (24) hours after receipt of notice of interference from Landlord until the interference has been corrected to the sole
satisfaction of the Landlord. If such interference has not been corrected within thirty (30) days, Landlord may require the
interfering party to remove the specific items from the Communications Facility causing such interference or to terminate this
Agreement upon notice to Tenant. If Tenant's facility causes interference, as determined by the Landlord, in its sole discretion,
Tenant agrees to immediately cease operation of the equipment causing the interference until such interference is corrected. If
Tenant fails to immediately cease such interference with Landlord's public safety system, Landlord may terminate this
Agreement, without notice, and take whatever action that may be required to cause such interference t 0 cease.
10, INDEMNIFICATION.
(a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all injury, loss,
damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court
costs) arising directly from the installation, use, maintenance, repair or removal of the Communication Facility or Tenant's breach
of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Landlord, its
employees, agents or independent contractors.
(b) Intentionally deleted.
(c) Notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waive any claims that
each may have against the other with respect to indirect, consequential, incidental or special damages including, without
limitation, loss of profits, income or business opportunities to the indemnified party or anyone claiming through the indemnified
party.
11. WARRANTIES.
(a) Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing and in good
standing and has the right, power and authority to enter into this Agreement and bind itself hereto through the party set forth as
signatory for the party below.
(b) Landlord represents and warrants that: (i) Landlord solely owns the Property as a legal lot in fee simple, or
controls the Property by lease or license; (ii) the Property is not encumbered by any liens, restrictions, mortgages, covenants,
conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Tenant's
Permitted Use and enjoyment of the Premises under this Agreement; (iii) as long as Tenant is not in default then Landlord grants
to Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Premises; (iv) Landlord's execution and
performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other
agreement binding on the Landlord; and (v) if the Property is or becomes encumbered by a deed to secure a debt, mortgage or
other security interest, Landlord will use best efforts to provide promptly to Tenant a mutually agreeable Subordination, Non-
Disturbance and Attornment Agreement.
(c) Landlord represents and warrants that by execution of this Agreement, Landlord is not in violation of any
lease, deed, conveyance, easement or other instrument, which may have been previously granted or executed.
12. ENVIRONMENTAL.
(a) Landlord represents and warrants that the Property is free of hazardous substances as of the date of this
Agreement, and, to the best of Landlord's knowledge, the Property has never been subject to any contamination or hazardous
conditions resulting in any environmental investigation, inquiry or remediation. Landlord and Tenant agree that each will be
responsible for compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines,
standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with
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regard to any environmental or industrial hygiene condition or other matters as may now or at any time hereafter be in effect, that
are now or were related to that party's activity conducted in or on the Property.
(b) Tenant agree to hold harmless and indemnify Landlord from, and to assume all duties, responsibilities and
liabilities at its sole cost and expense for payment of penalties, sanctions, forfeitures, losses, costs or damages, and for
responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is related
to (i) Tenant's failure to comply with any environmental or industrial hygiene law, including without limitation any regulations,
guidelines, standards or policies of any governmental authorities regulating or imposing standards of liability or standards of
conduct with regard to any environmental or industrial hygiene conditions or matters as may now or hereafter be in effect, or (ii)
any environmental or industrial hygiene conditions that arise out of or are in any way related to the condition of the Premises and
activities conducted by Tenant thereon, unless the environmental conditions are caused by parties other than Tenant.
(c) The indemnifications of this Paragraph 12 Environmental specifically include reasonable costs, expenses and
fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal or restoration
work required by any governmental authority. The provisions of this Paragraph 12 Environmental will survive the expiration or
termination of this Agreement.
(d) In the event Tenant becomes aware of any hazardous materials on the Property, or any environmental or
industrial hygiene condition or matter relating to the Property that, in Tenant's sole determination, renders the condition of the
Premises or Property unsuitable for Tenant's use, or if Tenant believes that the leasing or continued leasing of the Premises would
expose Tenant to undue risks of government action, intervention or third-party liability, Tenant will have the right, in addition to any
other rights it may have at law or in equity, to terminate the Agreement upon notice to Landlord.
13. ACCESS. At all times throughout the Term of this Agreement, and at no additional charge to Tenant, Tenant and its
employees, agents, and subcontractors, will have twenty-four (24) hour per day, seven (7) day per week pedestrian and
vehicular access to and over the Property, from an open and improved public road to the Premises, if existing at the time of
execution of this Agreement, for the installation, maintenance and operation of the Communication Facility and any utilities
serving the Premises and Landlord grants to Tenant an easement for such access. If no suitable easement or means of access
exists or ceases to exist to the Premises, Landlord grants Tenant the right to obtain an appropriate easement so that Tenant may
at its' own expense, acquire, maintain and/or construct a suitable right of entry to the Premises and the Communication Facilities.
Upon Tenant's request, Landlord will execute a separate recordable easement evidencing this right. In the event any public utility
is unable to use the access or easement provided to Tenant then the Landlord agrees to grant additional access or an easement
either to Tenant or to the public utility, for the benefit of Tenant. Tenant shall pay all actual costs associated with this
requirement.
14. REMOVAURESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be
and remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at any time during the Term.
Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by
Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Landlord
that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the
property of the Tenant and may be removed by Tenant at any time during the Term. Notwithstanding the foregoing, at the earlier
of the expiration or termination of this Agreement, Tenant will not be responsible for the replacement of any trees, shrubs, or
other vegetation. Upon the expiration/termination of this lease Tenant shall remove all parts of its facility with the exception of
any foundation(s) exceeding one foot (1') below grade.
15, MAINTENANCE/UTILITIES,
(a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from
the elements excepted. Landlord will maintain and repair the Property and access thereto, in good and tenantable condition,
subject to reasonable wear and tear and damage from the elements.
(b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity,
telephone service or any other utility used or consumed by Tenant on the Premises. Landlord will fully cooperate with any utility
company requesting an easement over, under and across the Property in order for the utility company to provide service to the
Tenant. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of
Landlord, of such services to be furnished or supplied by Landlord.
16, DEFAULT AND RIGHT TO CURE.
(a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non-payment of Rent if
such Rent remains unpaid for more than thirty (30) days after receipt of written notice from Landlord of such failure to pay; or (ii)
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Tenanfs failure to perform any other term or condition under this Agreement within forty-five (45) days after receipt of written
notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure
such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in
curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond
any applicable cure period, landlord will have the right to exercise any and all rights and remedies available to it under law and
equity.
(b) The following will be deemed a default by landlord and a breach of this Agreement. landlord's failure to
perform any term, condition or breach of any warranty or covenant under this Agreement within forty-five (45) days after receipt
of written notice from Tenant specifying the failure, No such failure, however, will be deemed to exist if landlord has commenced
to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in
curing a default will be excused if due to causes beyond the reasonable control of landlord. If landlord remains in default
beyond any applicable cure period, Tenant will have the right to exercise any and all rights available to it under law and equity,
including the right to cure landlord's default and to deduct the costs of such cure from any monies due to landlord from Tenant.
17. ASSIGNMENT/SUBLEASE. Tenant will have the right to assign this Agreement or sublease the Premises and its
rights herein, in whole or in part, without the landlord's consent. Upon notification to landlord of such assignment, Tenant will be
relieved of all future performance, liabilities and obligations under this Agreement. Any such successor-in-interest shall be bound
by the terms and conditions of this Agreement.
18. SALE OF PROPERTY. landlord shall, prior to selling the Premises or any real property of which the Premises is a
part, notify Tenant in writing of any impending sale. landlord may sell the real property to a third party on the stated terms and
price, as long as such sale is made subject to the terms of this lease. Notwithstanding the foregoing, Tenant shall not have a
right of first refusal to purchase the Premises and the Easement in those instances in which landlord is an individual and
landlord proposes to convey the real property to another member of landlord's family; however, the Premises shall be conveyed
subject to this Agreement.
19. NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or
registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when
properly sent and received, refused or returned undelivered. Notices will be addressed as follows:
If to Tenant:
GTP Acquisition Partners II, llC
1801 Clint Moore Road
Suite 110
Boca Raton, Fl 33487
Attn: lease Administration
Re: Site # Fl-5216
Site Name: Delray Golf Course
If to landlord:
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Fl 33444
Attn: City Manager
Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as
provided herein.
20. SEVERABILITY. If any term or condition of this Agreement is found unenforceable, the remaining terms and
conditions will remain binding upon the parties as though said unenforceable provision were not contained herein. However, if
the invalid, illegal or unenforceable provision materially affects this Agreement then the Agreement may be terminated by either
party on ten (10) business days prior written notice to the other party hereto.
21, CONDEMNATION. In the event landlord receives notification of any condemnation proceedings affecting the
Property, landlord will provide notice of the proceeding to Tenant within forty-eight (48) hours. If a condemning authority takes
all of the Property, or a portion sufficient, in Tenant's reasonable determination, to render the Premises unsuitable for Tenant,
this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to
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pursue their own separate awards in the condemnation proceeds, which for Tenant will include, where applicable, the value of its
Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses, provided that any award to Tenant
will not diminish Landlord's recovery. Tenant will be entitled to reimbursement for any prepaid Rent on a prorata basis.
22. CASUAL TV. Landlord will provide notice to Tenant of any casualty affecting the Property within forty-eight (48) hours
of the casualty. If any part of the Communication Facility or Property is damaged by fire or other casualty so as to render the
Premises unsuitable, in Tenant's sole determination, then Tenant may terminate this Agreement by providing written notice to the
Landlord, which termination will be effective as of the date of such damage or destruction. Upon such termination, Tenant will be
entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a
pro rata basis.
23. WAIVER OF lANDLORD'S LIENS. landlord waives any and all lien rights it may have, statutory or otherwise,
conceming the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for
purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law, and
Landlord consents to Tenant's right to remove all or any portion of the Communication Facility from time to time in Tenant's sole
discretion and without Landlord's consent.
24. lENDER'S CONTINUATION RIGHTS.
(a) Landlord agrees to recognize the leasesnicenses of all subtenants and sublicensees and will permit each of them to
remain in occupancy of its premises notwithstanding any default hereunder by Tenant so long as each such respective subtenant
or sublicensee is not in default under the lease/license covering its premises. Landlord agrees to execute such documents as
any such subtenant and/or sublicensee might reasonably require, including customary subordination, non-disturbance and
attornment agreements and/or landlord recognition agreements, to further memorialize the foregoing, and further agrees to use
reasonable efforts to also cause its lenders to similarly acknowledge, in writing, subtenant/sublicensee's right to continue to
occupy its premises as provided above.
(b) Landlord consents to the granting by Tenant of a lien and security interest in Tenant's interest in the Lease and all
of Tenant's personal property and fixtures attached to the real property described herein, and furthermore consents to the
exercise by Tenant's mortgagee of its rights of foreclosure with respect to its lien and security interest. Landlord agrees to
recognize Tenant's Lender (as hereinafter defined) as Tenant hereunder upon any such exercise by Lender of its rights of
foreclosure.
(e) landlord hereby agrees to give lender written notice of any material breach or default of the terms of the Lease
which may cause the lease to be terminated, within fifteen days after the occurrence thereof, at such address as is specified by
Lender. Landlord further agrees that no default under the lease shall be deemed to have occurred unless such notice to Lender
is also given and that, in the event of any such breach or default under the terms of the lease, Lender shall have the right, to the
same extent, for the same period and with the same effect, as the Tenant, plus an additional ninety days after any applicable
grace period to cure or correct any such default whether the same shall consist of the failure to pay rent or the failure to perform,
and Landlord agrees to accept such payment or performance on the part of the Lender as though the same had been made or
performed by the Tenant. Landlord agrees that it shall not exercise its right to terminate the Lease or any of its other rights under
the Lease upon breach or default of the terms of the Lease without so affording Lender the foregoing notice and periods to cure
any default or breach under the Lease.
(d) Landlord hereby (i) agrees to subordinate any lien or security interest which it may have which arises by law or
pursuant to the Lease to the lien and security interest of Lender in the collateral securing all indebtedness at any time owed by
Tenant to the Lender (the "Collateral"), and (ii) furthermore agrees that upon an event of default under the loan documents
between Tenant and Lender or the Lease, Lender shall be fully entitled to exercise its rights against the Collateral prior to the
exercise by the Landlord of any rights which it may have therein, including, but not limited to, entry upon the Premises and
removal of the Collateral free and clear of the Landlord's lien and security interest.
(e) Landlord acknowledges that nothing contained herein shall be deemed or construed to obligate the Lender to take
any action hereunder, or to perform or discharge any obligation, duty or liability of Tenant under the Lease.
m During the term of this Lease, Landlord covenants and agrees that it will not grant, create, or suffer any claim, lien,
encumbrance, easement, restriction, or other charge or exception to title to the Premises (an "Encumbrance") without the prior
written consent of Tenant; provided, however, that it is expressly agreed and understood that Landlord may subject its interest in
the Premises to a first mortgage lien if its lender shall agree for itself and its lender, its successors, and assigns, by written
instrument in form and substance reasonably satisfactory to Tenant: (1) to be bound by the terms of this Lease; (2) not to disturb
Tenant's use or possession of the Premises in the event of a foreclosure of such lien or encumbrance so long as Tenant is not in
Global Tower, LLC
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Tower Site Number: FL-52 I 6
Tower Site Name: DeJray Golf Course
default hereunder; and (3) not to join Tenant as a party defendant in any such foreclosure proceeding taken by it. With regard to
any existing Encumbrance, Landlord covenants and agrees that, upon the request of Tenant, it shall use its best efforts to cause
the holder thereof to execute a customary Subordination Non-disturbance and Attornment Agreement providing to Tenant the
rights afforded to Tenant above with regard to future first mortgage liens.
25. NOTICE/RIGHTS TO CURE.
(a) The Tenant shall have the right from time to time to mortgage or otherwise encumber the Tenant's interest in this
Lease; provided, however, in no event shall there be more than one such mortgage or encumbrance outstanding at anyone
time. If the Tenant shall so mortgage (each a "Mortgage") the Tenant's interest in this Lease to a lender (such lender, and any
successor, assign, designee or nominee of such lender, hereinafter a "Lender"), the Tenant or such Lender shall give the
Landlord prompt notice of such Mortgage and furnish the Landlord with a complete and correct copy of such Mortgage, certified
as such by the Tenant or such Lender, together with the name and address of such Lender. After receipt of the foregoing, the
Landlord shall give to such Lender, at the address of such Lender set forth in such notice, and otherwise in the manner provided
by Section 26 of this Lease, a copy of each notice of default hereunder at the same time as, and whenever, any such notice of
default shall thereafter be given by the Landlord to the Tenant, and no such notice of default by the Landlord shall be deemed to
have been duly given to the Tenant unless and until a copy thereof shall have been so given to Lender. Notices to Lender under
this Section 23 shall be deemed given on the date received by Lender. Lender (i) shall thereupon have a period of ninety (90)
days more than given to the Tenant in each instance in the case of a default in the payment of rent and in the case of any other
default, for remedying the default or causing the same to be remedied; provided, however, if any non-rent default is not capable
of remedy by Lender within such ninety (90) day period, Lender shall have such ninety (90) day period to commence curing the
default and such greater period of time as is necessary to complete same with due diligence, and (ii) shall, within such periods
and otherwise as herein provided, have the right to remedy such default or cause the same to be remedied. The Landlord shall
accept performance by a Lender of any covenant, condition or agreement on the Tenant's part to be performed hereunder with
the same force and effect as though performed by the Tenant. Notwithstanding anything to the contrary contained herein, if the
default is of such a nature that it cannot be cured by Lender (for example, the bankruptcy of the Tenant), such event shall not be
a default under this Lease.
26. ADDITIONAL PROVISIONS.
(a) If a Mortgage is in effect, (i) this Lease shall not be modified or amended by the parties hereto, or terminated or
surrendered by the Tenant, nor shall the Landlord accept any such termination or surrender of this Lease by the Tenant, without
the prior written consent of Lender and (ii) the Landlord shall not have the right to terminate this lease in the event of a casualty
or condemnation without the prior written consent of Lender.
(b) This lease may be assigned by the Tenant (and Lender if and when it becomes the tenant hereunder) and any
space in any of the improvements on the Premises may be sublet by the Tenant (and Lender if and when it becomes the tenant
hereunder), each without the consent of the landlord. Any such successor-in-interest shall be bound by the terms and conditions
of this Agreement.
(e) This Lease shall have priority over all liens and encumbrances on the fee estate of the Landlord in the Premises or
any improvements thereon, including mortgages on the fee estate which were executed prior to the execution of this lease.
(d) The landlord shall, within twenty (20) days of the request of the Tenant or any Lender or prospective Lender,
provide an estoppel certificate as to any matters reasonably requested by the Tenant or Lender.
(e) lender shall have the right to participate in the adjustment of losses with any insurance company with respect to
any damage or destruction of the Premises or any improvements thereon and such lender shall have the right to supervise and
control the receipt and disbursements of all insurance proceeds and shall be entitled to all insurance proceeds pursuant to the
terms of the Mortgage, or as the case may be, pursuant to the terms of the loan documents secured by such Mortgage.
m Notwithstanding anything to the contrary contained herein, in the event of any taking of all or any part of the
Premises, Lender shall have the right to participate in any condemnation proceedings settlement discussions, shall have the right
to supervise and control the receipt and disbursement of all condemnation awards and shall be entitled to all condemnation
awards which are not used to restore the Premises to be applied to the reduction of the debt secured by the Mortgage; provided,
however, that the Landlord shall be entitled to the balance of the award after payment of the debt secured by the Mortgage in full
until the landlord obtains the portion of the award to which it is entitled under this Lease prior to the insertion of this Section 250).
In the event of a partial taking, this lease shall continue and the rent provided in this Lease shall be reduced proportionately,
from and after the date of such taking, based upon the percentage of land which is taken; provided, however, if the portion of the
land taken is such that the Tenant cannot in its reasonable judgment economically continue its operations on the Premises, the
Global Tower, LLC
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Tower Site Number: FL-52 I 6
Tower Site Name: Delray Golf Course
Tenant, with the prior written consent of lender, shall have the right to terminate this lease. Upon a taking for a temporary
period, this lease shall continue and the entire award shall be payable to the Tenant, subject to the provisions of the Mortgage,
or as the case may be, subject to the provisions of the loan documents secured by such Mortgage.
(g) The right to extend or renew this Lease and any right of first refusal to purchase the Premises may be exercisable
by the holder of a Mortgage and, before the expiration of any periods to exercise such a right, the landlord must provide to
Lender at least thirty (30) days prior written notice before the expiration of the right to so extend or renew in order to extinguish
lender's right to so extend, renew or purchase.
(h) Under no circumstances shall the fee estate of the Landlord and the leasehold estate created hereby merge, even
though owned by the same party, without the written consent of the holder of a Mortgage.
(i) Notwithstanding any provisions of this Lease to the contrary, so long as a Mortgage is in effect, the Tenant shall
have no right to terminate the lease with respect to any event unless the written approval of Lender holding a Mortgage on the
leasehold estate is obtained, including, without limitation, the right to terminate in the event of any damage or condemnation.
27. MISCELLANEOUS.
(a) AmendmentlWaiver. This Agreement cannot be amended, modified or revised unless done in writing and
signed by an authorized agent of the landlord and an authorized agent of the Tenant. No provision may be waived except in a
writing signed by both parties.
(b) Memorandum/Short Form lease. Either party will, at any time upon fifteen (15) business days prior written
notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum or Short Form of Lease in
similar form and/or content attached hereto as Exhibit 3. Either party may record this Memorandum or Short Form of Lease at
any time, in its absolute discretion.
(c) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind
and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns.
(d) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the
entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject
matter of this Agreement.
(e) Governing law. This Agreement will be governed by the laws of the state in which the Premises are
located, without regard to conflicts of law and venue shall be in Palm Beach County.
(~ Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i)
captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof;
(ii) use of the term "including" will be interpreted to mean "including but not limited to"; (iii) whenever a party's consent is required
under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such consent will not be
unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of the Agreement and are incorporated by
reference into this Agreement; (v) use of the terms "termination" or "expiration" are interchangeable; and (vi) reference to a
default will take into consideration any applicable notice, grace and cure periods.
(g) Estoppel. Either party will, at any time upon twenty (20) business days prior written notice from the other,
execute, acknowledge and deliver to the other a statement in writing (i) certifying that this Agreement is unmodified and in full
force and effect (or, if modified, stating the nature of such modification and certifying this Agreement, as so modified, is in full
force and effect) and the date to which the Rent and other charges are paid in advance, if any, and (ii) acknowledging that there
are not, to such party's knowledge, any uncured defaults on the part of the other party hereunder, or specifying such defaults if
any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the
Premises. The requested party's failure to deliver such a statement within such time will be conclusively relied upon by the
requesting party that (i) this Agreement is in full force and effect, without modification except as may be properly represented by
the requesting party, (ii) there are no uncured defaults in either party's performance, and (iii) no more than one month's Rent has
been paid in advance.
(h) No Electronic Signature/No Option. The submission of this Agreement to any party for examination or
consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This
Agreement will become effective as a binding Agreement only upon the handwritten legal execution, acknowledgment and
delivery hereof by Landlord and Tenant.
[SIGNATURES APPEAR ON THE NEXT PAGE]
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Tower Site Number; FL-52l6
Tower Site Name: Delray Golf Course
IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the last date written below.
"LANDLORD"
CITY OF DELRAV BEACH
a Florida municipal corporation
WITNESSES:
Print Name:
Print Name:
By:
Print Name:
Its:
Date:
Print Name:
"TENANT"
GTP ACQUISITION PARTNERS II, LLC
a Delaware limited liability company
Print Name:
By:
Print Name:
Its:
Date:
Global Tower, LLC
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Tower Site Number: FL-52l6
Tower Site Name: Delray Golf Course
EXHIBIT 1
lEGAL DESCRIPTION OF PROPERTV
ACCESS AND UTILlTV EASEMENTS
To the Agreement dated ,2006, by and between City of Delray Beach, a Florida municipal corporation,
as Landlord, and GTP Acquisition Partners II, LLC, a Delaware limited liability company, as Tenant.
The Property is described/depicted as follows:
PROPERTY DESCRIPTIONS
PMDn ..~
(M. PDt omQAl. AECC!I\'O toOl( 3OCli1, PAGt ;..,
lHAT PART 01' 1HE t<<lR1HEAST QI.MR1Ell. IF 1HE SOUlMWEST auM1O\t LWIC 50UlH IF STAlE ROAD
No. D. LESS lHE YiIESf 230 rmT; AND lllAT PIIlT 01' lHE !IllEST lW.F0I' "!HE SICU11ft1I['ST
QlJM1EROf lHE NORlHWEST QUNlU Of M SOUTHEAST QUAR1ER !.'II!IG SIlUlH. 01' STATE: RlWl
No. D. AND \IlDT 01' M DIWNAllE CAMAL [-40 AMO M IOO1HWT QUAR1tIl; IDS THE WEST
230 n:n: AND ntAT PAIIlTOflHt WE$TQIJ,IiR1'!II: OF 'DC SQij1HVC$1' QUAll'l1R C1F 'IIi!
$iQ111'lD$T QUARTER 1.'ll/oilC WE$T OF '\'$olE llMtWlf: ~ E-": AU. !.~ IN SEe1lON le.
TO\IINSHP .. sot.mI. RANGE 431 D$T.
AND 1Ht NORTH CliiIf-tlALl' OF 1lHt NIlIR"lHtA$t 0UAl0EJ!I. OF 1Ht ~ QU~ I..E$$ 'M:
~~~"!HE~~rmTANDH~_~Df~~~OF~~
~ Df soom _ fECT AND 1HE soum HALF C1F "!HE NI<llImlEAST ~. Df 1HE NOI!t1HllDT
QlJAR1ER .W1S 'DC WEST IN FEtT: AND THE .SC:XmtEAST QlJM'I1RC1F Mm'lli1iQT QlJ.QI1ER I.[:SI$
THE WEST 110 rttT AND IDS 1K4T PART OF 1Hl!: WEST e7$ nn 'IIHCH ua lM'llilN HQlltWOOO
_WllOfil AS ~ l!tl Pl.AT 800lC 15. PAGE: D. /!.NO ~T PAA'T Of' 1IOlt'lli I'WTOI' H ~
ClIlNl1Elt .ar 1II0000niWDT CI.lNt'ltll OF mlIt.tHtA$TCliJAA'I1R l.'I'M WE$T OF ~ CNW. E-":
.I,H\). SOU1'lftoE$T CI.lAAmt OF NOImEA$T QUAIlS lDS ~. ~ E-"!; AND SOU'IH HALt'
OF IllOlmIvot QUNm:R CI' tolORTHlIIEST QUAIlln LE$$ bUllWlE CANAL t-~ J.IJ. IN stC1Dl tll,
TOIINliHP 4lI SOUlH, liNG: ~ EAST.
LESS TWEFllI.l.O'MHG DtSCRllIIJ) !'ARCEl.S:
tHAT PART C1F 1Hl!: SQl.ItHEAST.QIMIfIEIt OF 'DC NORtHWEST a.wntR OF. !lEC1IClH 1t, TOWII$IIP
... Sl:lI.mI. lWilCE U DST. ~ AS FCl..LOWS:
~ ATlHE POINT 'Mi_ tHE: EAST uNE OF ~ IlIOl.UVAAIl, AS SHOIit'N OM Pl.AT 1110.
1 01' HDWIEW::xlO ~ I!E:CUIOED IN PLAT lIOQl( 15. PAGE U, PAlM 8tACH. 00UNlY
RftOIIlD$. IN.1ERSECTS lMtH 'lME EASf, WEST CEHlEIl"'UNE OF lUID 5EC1DI I" F"QR 1HE PClIIIT CI'
8f. GINNNG. 'tHENCE EASTE:R!.Y AL.ONG SAID ~ A llI$TANCE OF RUO~; 1HENCf;
HOftlHEIlli.Y AND .PARAU.D. 10 1HE EAST IlGHT-OF-W"Y Uti: 01' HQlltWOOO ~ AS SHO'lIoN
0fiI $All) f'1..AT ~o. 1 OF ~ ~ A l)I$TANCt OFlI7(UlQ. fU1; 'lHENCE
NOR1HtA$'1tR\.'I!' ;"T AH AIlQ.E OF l:wo1''''' ~ ~ $(I.I'ItI TO NOIIMA$f" Dl$fANCEC1F
auo FUt, 'lIlEMCE NIOfIt1Hl'RLY AmI PAItW.E!. TO ~ EAST IlGHT-OF-'ItIoY LINEOF' ~
eoI.U'.\IAAD A DI$1AHCt OF 4eO.00 FEET: ~ ~y AT AH ,,"U OF .?1lO'OO".
~ F'i!Qf,4 SOU'm to 1ItE$f A. Ii$tJiHCE OF 3OQ.OO f'EEf:. THEHCE HOll:'I!tDI. Y A Ci$'l'MC( OF
2!O.DO FEU MORE OR u;ss. TO 'lHtPOOlT oF INttRSECTICJIIl OF 1HE SlJUtH RlIlHT-,(lt-WAl'UIE or
0llt.fY;[W llAI\i'E AS SHlMIt ON lUID PLATN.. 1 or liOUEWOOD SUBOMSIIlN; tHENCE: 1IIIES1EllI. Y
,t,I,DNCl SAJD 50Um RIGHT-oF'~WAY LINE A OISl'AtIl:I: C1F 5I!8.4lI FD:1', MORE OR LOS TO lHE
EASlEIll.. Y R1GHT-(f'c...Y/AY UNE OF $AI) HOWDJOOO IlOl.IlEVARIl. tHDICE soona.. Y AI..ONll SAID
EAST IllGHl-OF'-WAY UfC A Dl$TAHa: or ~U2 FUT 1I0ll1t OR u:ss.. 1'0 'lHt POINT OF'
~(t.
AND '!MAT PART C1F THE: SOUtH 1/2 OF 1HE HOR1HVlESfCllJARlER OF lIE NORlHUSTQUMTER
OF stenCH 19, TOVI'NSHP 4lI. SOOTH, ItAHGE ~ EAST, llOCMIED AS fOI,J:.O'I'S::
(:Ol,IltEIlICE AT H NOR~ QClII:Iet OF 'llIE. SlJU:nl ~ OF 'llIE ~ OU
1m' NOR~ QUAA1EIt Of' SECl'QI 19. 'f('I'Mj$!liP If soum !WiGE ~ EAST. ~ POINT
Of' IlElllNN'fIO;'lHENCE 9Ol.f1'1ellY AL.ONClHE EA.$'l' LINE aF. $AID lilOUTH KM1 aF
ClI.lMlDl OF THE: ~ WNfI!ER oF ~ 19, A. DtSTNfCE OF 400.00 fEr.
WES1ERI.l' A.NO PARIiLI..EL It) TIlE IfQR'lH UNE OF SAID scutH HALF or IfQR'lHfltST ClIJMlER 01'
NORtHEAST QUIoRltR,. SECTION 1', A IltstMICE OF 2DlI RET. 1HDlCE .NClRlHERLY AND PARIiLI..EL
It) SAIl) EAST UNE OF SOU1'H HALF OF' NQR'IHWESI' QUARTER OF NORlHtA$T QUAR8 OF'
SEC1IQII 1t. A l>>STAHa: or 21XhO FEU. 'lHENc[ ~Y AT All ANGtfor eTtO'lll"
Wu.slJlIlED FROiil SlJUTH 'TO SlJU1HM!ST A IltSTAiNCE oF T1U.) FEtT. MOllIt OIl US$. TO A
PONT IN H EAST RlQHT-OF-WA:r IJNE OF WE Wi:lft'lli ~ IltSmteT CAHAI. No. (-4:
'!MDIClf: W(lllt1HPl!.;Y Al.0H0 $Alll EAST ~-OF-\l!AY UC ... 0I$t~ OF $/llO tar ~ It
LESS, to A POlNT .. 11iE NOR1'H LINE. OF SAID SOU1H HAlF OF ~. OUAAmt Of 1m'
NORtHEASf OUAR8 OF SECOOM ,t..1lotEHCE EA$.1ERL'f .wlMC SA!O HORlH. UNE OF SAID
SCUi1H HAI.F OF THE NORllillE5T llIJMlER CJ' lliENOR'lHEASl' IILWf1ER A llfSTANCE OF lIlKI.l8
nIT, WORE OR lL'SS. TO 1HE PCllNT OF lIEGlIININIl
AND 1K4TPART OF 1HI: SlJU'IIt'M:$T GU""'_ OF 1HE NDRlIl[/l.ST QUARmI oF st(:'I1ON 11.
'11OIINSHIP .. SOUlH. RANGE4Jl EAST. DE.'$CRlBm AS rCllJ.:tlWSl
ClCIMMOlCE AT 1m' SClUKA$T (:QlMDl 01' THE SOUlHWEST ~1!ER OF H: ~$T
QUARTER OF SECllClN lit, ~SHP .. SOUTH, lWICf: .u tA$T. RlR THE POINT OF 8EQMNllfQ;
1HENCE lllESTERLY ALON(;tHE Sl:lU'IPl UNE OF ~ ~YES1' CI.lMmt OF lHE NORtHEAST
QlJAR1'EJ'iI OF SECllClN 19, A IltSTANCEOF 125.0 FEET; 1HDlCE NORTHfJ!1.Y AT AN /!.NllU: OF 110
'31'JO", IIUSlJRm rRDWI EAST 10 NCRtH A IlI5TANCE OF 152.1~ FEU. '!HENCE OStiAl:" AND
PNW..I.EL TO SAD SOU1H LINE or '!HE SOU1HWEST QUARTER Of lHE NClR'IHEAST QUARTER A
Dl$TANCl: llf' lDO.O fU1 WClAtOR U$S TO A PONt IN 1Ht EAST Ulft C1F ~ $QtI1HWE$T
0I.Wtl'ER Of 1HE ltOR'1'HtA$T O\.IAR8: 'lliEloilX Sl:llJ'IHtRt.Y Al.ON(J SAIl) EI.$'f. U!IE OF SAIl)
SOl..I1HWES'T QlJAR'IEl'l 01' THE NClIttHEASl' QUARTER " DtstANCE OF 1:50.0 FEET IilClflt: ClIt WiS
TO tHE POINT oF ~c.
AND UI1S 1 lHROUtlH 23 INCWSlf\lE. llOL\lEW ESTATE$, DflJIAY IIEACt\ .M:CORllIHG TO 1ME
PlAT lHEltEllf' Qlf flLE IN tHE QI'flCE OF 1HE CL.DllIC OF lHE CIRCUIT crAJI!T Ilf J.Nl)fClR P~
BEACH COMl"l', fl..CIAI[lA. IlItCtlRllIEO IN PlAT BOCK ~4, PAGE 5ll.
TOGlt'llU 'l1li114 AU. 80UlINGS ~ ANO FbtTUIIES lHEREON.
Global Tower, LLC
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Tower Site Number: FL-52 I 6
Tower Site Name: Delray Golf Course
Notes:
1. This Exhibit may be replaced by a land survey and/or construction drawings of the Premises once received by Tenant.
2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental
authorities.
3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire
departments.
Global Tower, LLC
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Tower Site Number: FL-52l6
Tower Site Name: De1ray Golf Course
DESCRIPTION OF PREMISES
To the Agreement dated ,2006, by and between City of Delray Beach, a Florida municipal corporation,
as landlord, and GTP Acquisition Partners II, llC, a Delaware limited liability company, as Tenant.
The Premises is described/depicted as follows:
"KlWDII PNltS.
(PIIS'Ne It( TIIi$ omco
1l4ATPMf Of' liECOON ,.. 10IliISHlfi ... SOU11i, MHCE 43 E'ASl. PALII BEACH COUNTY.
f'lClRI)A IIEINC MCftE PA1mCU.NlI..Y DESCRIBED AS RlI.l.Oft
OQWliIENct AT 1HE N0Il1'HlllEST CIlRtlD OF GQ.I' PARK 4S PIK PLAT 1HDlEOF IIEalRDED IN
PLAT lOOK 21, PAGE t41 or ... PUlll.JC REOCIIIO$ or PU .~ COUNTY. fUIIIIll).... SAID
PClNT BEINe ON 'IIC W'ULJ' UIC OF RD'UT Of' QONOIltE$$ pHI>>( $OU'IH. 1\$ f'ElII PLAT
HRECif MECOFIQE'D IN PUT 800iC 7'1. PACE 1110 OF $All) l'UIlIUC flIECORD$; 1l:GCE SOUlltl 00
ClrOl" Wf ALONe SAIl) EASmI. y I.IIE:,ALtlHC 1ME 'IiItST. LIE Of SAID OOI.F PAAk, Nil)
N..QHQ 1lC EAST UNE Of M JlE$T 1/2 Of 'IIC NIOiin'HEAST.1/4 OF SEtllON 111. 'IOW!CSHlP ...
StlUi1tl, II'Ml;( 43 EAST tOIt 2117.0$ I'ttT lO '1ltlt $OlJ1HE"ASmU. 'f etlIiINER Of SAID liIS'lAT OF
COliORESS PNlIC $ClIJlH; lHEMt't: 5OlJ1If 81'22"30" YIE'$T ALQNO lHE SOUHRLl' t.IIE Of' SAID
IlD'LAT Of CCNc:RDS PMllC SOOlM fell 3110.10 FEET; 11ifDlCE SQU1H 53'40'51" WEST ALOHC
SAID 50UnEJlLy UN[ fell 274.7I1'ttT, 11ifDlCE SIOO1H :llIU1D4" EAST fOR t1iuXJ I'ttT TO
1HE PQIIIT elf' BEGlNNINlO;; 1HEJiCE alN1INUE 5'OU1H JlnIl'D4" ,[AST RlR lIO.OO fUIT. lHEHCI:
SQJi1H 53"4O'5r \lEST fOR 80.00 flit'!': 'IIiOICE NllRlH JrlI'D4" WEST fOR ao.oo fEET.
1IHENCE NCRlH 53'4ll'SII. EAST fOR 80.00 Fa:T lO SAJO. PIlIHT QF liIEG\II<MG.
OCNTAINlNG MillO SCtIARE f'EE'I'. .YClFIf:, (lit l.ES$.
1l4,;.T P/II!U Of' SE<mON i8, ~ ... SQ,l.... JWi!Ct .0 WT, PAUl W\QI COUNTY.
l'\.ORIttIo L'llfC W1lHlH 6.00 I'ttT Of' lt01lof llltlE:$ OF /II CEN'IaU.lNE etiNC MORE PARtICllL.ARLY
Df:$CtG1Ia> All FClLLOIft
OQIlOIDICE/IlT 1HE HOIllliWEST CORNER OF GQF PARI( AS PER PLAT ~ IIECCRDED IN
Pl;.AT IJOOk 28. PA.(l€ 141 or 1Ht PIJ8UC ~ elf' flU .BEACl'I COUNTY. F1.QlIIOA. SAID
PONT aDNO ON 1Ill ~l' UIC OF IlEJIUT OF e(lNOIltE$$ PARK a'IH. 1\$ PIK PLAT
'I'lUtCf'. IIEt01lOED IN PUT l\iIXlI( 7'1, PACE 1110 QF $All) PU8iJC RW:lAO:$; 1l:GCE SOUlH 00
O$'or WT AL:ClHO SAID ~y LItE,. I4.ONG '!'HE fIt$T t.IIE QF SAID OOI.F PNIl(. ...wo
JUlliiO 1HE EI.$T LINE QF M fIt$T 1/2 QF 'IIC ~ V4 QF SD:'llCitllS. ~P ...
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~ pNlt( SQJ'11t lltlENC( SClUlH 81'22"30" MST Al.(tjC 'IIC SOUtHEltLy LIE 01' SAID
R&:PUiT CI1 CCNc:RDS PARK SOLnM fOR 3lIO.Ill. 1'ttT; lHENCE $OIJ1H: 5nO'S" WEST AI..llHG
$All) liCU"IItERLY U!lE RM :274.711 fEn; 1HENCE SiCU'tH :snS'l)4" tM'I' fOR 10.00 I'ttT to
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fOR 10.00 m:r TO All INTERSECTI(W 'ilITH '!I.ltlD SCU1HElll.Y lJII[' AHJ) '!HE; F'DINT Of' lERItINlIS
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CQifTJoINIIoIC 110 $Ql,INlE FEET, 'MO!lIE. (Ill: I.E$$..
Notes:
1. This Exhibit may be replaced by a land survey and/or construction drawings of the Premises once received by Tenant.
2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental
authorities.
3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire
departments.
Global Tower, LLC
13
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EXHIBIT 3
Tower Site Number: FL-52 16
Tower Site Name: Delray Golf Course
FORM OF MEMORANDUM OF AGREEMENT
Pre Dared bv
Return to:
Global Tower, lLC
1801 Clint Moore Road
Suite 215
Boca Raton, Fl 33487
Global Tower Site Name/Number:
State:
County:
MEMORANDUM
OF
lEASE
This Memorandum of Lease is entered into on this _ day of , 2006, by and between
, a having a mailing address of
(hereinafter referred to as "Landlord") and , a Delaware limited liability
company, having a mailing address of 1801 Clint Moore Road, Site 215, Boca Raton, FL 33487 (hereinafter referred to as
"Tenant").
landlord and Tenant entered into a Ground Lease Agreement ("Agreement") on the _ day of
,2006. The Landlord owns or operates by lease or License that certain parcel of land, which is the
subject of the Agreement. Pursuant to the Agreement, Tenant has the right to lease from the Landlord, and the Landlord
has agreed to lease to the Tenant, the portion of Landlord's property more particularly described in Exhibit 1 attached to the
Agreement and in Exhibit 1 annexed hereto ("Premises"); and
The parties desire to enter into this Memorandum of Lease for the purpose of setting forth certain terms and
conditions of the Agreement.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. The parties acknowledge and agree that Landlord is leasing to Tenant the Premises as more particularly
described in Exhibit 1 attached hereto.
2. The Term of the Agreement is for an initial one year Testing Period, as the same may be extended as provided in
the Agreement, to be followed (unless Tenant does not commence the Agreement) by an initial term of ten (10)
years commencing on the date that Tenant commences construction and ending on the last day of the month in
which the tenth (10th) anniversary of the commencement date occurs.
Global Tower, LLC
14
Tower Site Number: FL-52 I 6
Tower Site Name: Delray Golf Course
3. This Memorandum of Lease does not contain all of the terms and conditions of the Agreement and reference
should be made to the unrecorded Agreement. The terms and conditions of the unrecorded Agreement are
incorporated herein by reference. In the event of a conflict between the provisions of this Memorandum of Lease
and the provisions of the unrecorded Agreement, the provisions of the Agreement shall control.
4. This Memorandum of lease and Agreement shall be binding and inure to the benefit of the parties and their
respective heirs, successors, and assigns, subject to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Memorandum of lease as of the day and year first above written.
WITNESSES:
"lANDLORD"
Print Name:
Print Name:
By:
Print Name:
Its:
Date:
WITNESSES:
"TENANT"
Print Name:
a Delaware limited liability company
Print Name:
By:
Print Name:
Its:
Date:
TENANT
STATE OF FLORIDA
)
) ss:
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
by , the of
on behalf of the company, who is personally known to me.
day of , 2005,
, a Delaware limited liability company,
Notary Public
Print Name:
My commission expires:
Global Tower, LLC
15
STATE OF
COUNTV OF
Tower Site N
Tower Site Na . umber: FL-52l6
me. Delray Golf C
ourse
On this
proved to me on t~' day of
My Commission Ex . N
pires: olary Public
Global Tower, LLC
16
Tower Site Number: FL-52l6
Tower Site Name: Delray Golf Course
EXHIBIT 1
DESCRIPTION OF PREMISES
To the Agreement dated
as landlord, and
, 2006, by and between
, a Delaware limited liability company as Tenant.
The Premises is described/depicted as follows:
Notes:
1. This Exhibit may be replaced by a land survey and/or construction drawings of the Premises once received by Tenant.
2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental
authorities.
3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire
departments.
Global Tower, LLC
17
6.1<
~
[ITY DF DELRAY BEA[H
DELRAY BEACH
100 NW 1st AVENUE DELRAY BEACH. FLORIDA 33444 . 561/243-7000
IlI.8.I.tII
All-America City
, III I!
MEMORANDUM
1993
2001 TO:
FROM:
David T. Harden, City Manager
~ert A. Barcinski, Assistant City Manager
DATE: July 28, 2006
SUBJECT: ADDITIONAL INFORMATION CELL TOWER AGREEMENT
GTP ACQUISITION PARTNERS
I thought it might be helpful to provide you with additional background information
on this item. As you may recall, we were approached about 9-10 months ago by
Nextel to install a cell tower at the Golf Course near the driving range. We met
several times on site with them and began working on drafting an agreement.
Nextel prepared the agreement, conducted site surveys, and worked on the
planning department submittal. Through the City Attorney's Office, we worked
diligently to finalize agreements. However, after SPRINT bought out Nextel a few
months ago, we were informed that they no longer were interested in putting up a
cell tower at the Golf Course.
After our initial contact with Nextel, we received a proposal from GTP Acquisition
Partners II to also construct a cell tower on the Golf Course near the maintenance
building. We also began negotiations through the City Attorney's Office with them,
but those negotiations broke off about three months ago when we could not meet
their requirement that there could not be another cell tower within a quarter (1/4)
mile of this tower.
After we were informed by SPRINT that they no longer had an interest, we
resumed negotiations with GTP.
Highlights of the proposed agreement with GTP on Tuesday's agenda are as
follows:
. Monthly initial rent
. 25% of gross revenue from each co-locator
. Terms
. CPI
$1,000 per mo.
20 Years
3%
@ Punted on Recycled Paper
THE EFFORT ALWAYS MATTERS ~ r" ~. 'lJ C ~
~~~~ ~~~ ~l.U
David T. Harden, City Manager
July 28, 2006
Page 2
I attempted to survey other cities in the county to find what terms they have
received on similar agreements over the last few years. Responses were limited;
however, Palm Beach Gardens provided me with a copy of a survey they received
from the City of Bushnell as well as their most recent agreement. Averages from
the information collected are as follows:
. Monthly Rental
. Term
$1,600
5 Years with 3-5 additional 5 Year terms
(Automatic renewal)
3-5%
. CPI
The exceptions to this were Boca and Coco Beach. Their agreements with
companies that build cell towers versus cell companies indicate a monthly average
of about $1,050 a month.
RAB/gb
cc: Susan Ruby
~~
[IT' DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
TELEPHONE: 561/24,-")ll<)()' FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
IlI.e.I:II
All-America City
, 1111: DATE:
1993 TO:
MEMORANDUM
July 27,2006
City Commission
2001
FROM: Susan A. Ruby, City Attorney
SUBJECT: Resolution and Interlocal Aareement for Fire Dispatch Case
The City of Delray Beach and the City of Boca Raton are jointly sharing expenses
under a previous Agreement and would like to continue to do so under this
Agreement except that the City of Delray Beach and Boca Raton will also be
paying any costs expected to be incidental for the intervening cities. This
Agreement was passed by Boca Raton on July 26, 2006.
By copy of this memorandum to David Harden, City Manager, I am requesting that
this Resolution and Interlocal Agreement be placed on the August 1, 2006 City
Commission agenda.
~
Attachment
~.(
RESOLUTION NO. 52-06
A RESOLUTION OF THE CITY OF DELRA Y BEACH
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT WITH THE
CITY OF BOCA RATON FOR COORDINATED
OPPOSITION TO PALM BEACH COUNTY'S FUNDING
OF COUNTY-WIDE FIRE RESCUE DISPATCH
SERVICES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEALER; PROVIDING AN
EFFECTIVE DATE .
WHEREAS, the County operates the County's fire rescue dispatch system (the "County
Dispatch System") to handle all incoming 911 calls from the County's unincorporated areas (and
from municipalities that contract to use the County Dispatch System);
WHEREAS, Boca Raton and Delray Beach contend that the County Dispatch System is a
service and/or program that has been rendered specifically for the benefit of the property and or
residents in unincorporated areas of the County (and from municipalities that contract to use the
County Dispatch System);
WHEREAS, Boca Raton, Delray Beach and other municipalities in Palm Beach County
operate their own independent dispatch systems or contract with another governmental entity that
provides fire rescue dispatch services (the same type of services that the County Dispatch System
provides) ;
WHEREAS, Boca Raton, Delray Beach and other municipalities have not utilized, and do
not intend to utilize, the County Dispatch System;
WHEREAS, the County, on September 30, 2004, approved its budget for the 2005 Fiscal
Year, which provided that approximately $3.2 million of countywide revenues will be utilized to
fund the County Dispatch System;
WHEREAS, the County, on September 22, 2005, approved its budget for the 2006 Fiscal
Year, which provided that approximately $8.8 million of countywide revenues will be utilized to
fund the County Dispatch System;
WHEREAS, such general funds consist of County revenue derived from all of the County's
residents even though the residents and properties within Boca Raton, Delray Beach and other
municipalities do not utilize or derive any benefit from the County Dispatch System;
WHEREAS, the County's Dispatch System is duplicative and does not provide a real and
substantial benefit to the taxpayers in Boca Raton, Delray Beach and other municipalities (who are
already paying their respective municipality to provide the same services);
WHEREAS, the County's scheme indirecdy forces cities to give up the traditional municipal
service of fire-rescue dispatch through economic coercion and therefore is in violation of Article
VIII, ~4 of the Florida Constitution;
WHEREAS, the funding of the County's Dispatch System through countywide revenues
amounts to double taxation in violation of Article VIII ~1 (h) of the Florida Constitution and Section
125.01(6) and (1), Florida Statutes;
WHEREAS, Boca Raton and Delray Beach on September 30, 2005, filed a lawsuit in Palm
Beach County Circuit Court (Case No. 2005 CA 009338 XXXX MB AE) (the "Litigation") against
the County challenging the County's use of countywide revenues to fund the County Dispatch
System;
WHEREAS, in or around January 2006, nwnerous municipalities intervened 111 the
Litigation (the "Intervening Cities");
WHEREAS, it is of mutual benefit to the residents of the Boca Raton, Delray Beach and the
Intervening Cities to coordinate their efforts in prosecuting their claims in the Litigation;
WHEREAS, on October 15, 2003, Boca Raton and Delray Beach entered into an
"Agreement Between City of Boca Raton and City of Delray Beach, Coordinated Opposition to
Palm Beach County's Proposed Ordinance Mandating County-Wide Fire Rescue and Dispatch
Services" (the "Original Agreement"); and
WHEREAS, Boca Raton and Delray Beach desire to enter into a new Agreement which will
supercede and replace the Original Agreement in its entirety.
BE IT RESOLVED BY THE CIlY COMMISSION OF THE CIlY OF DELRAY
BEACH, FLORIDA:
Section 1. That the Mayor and City Clerk be authorized to execute the new agreement
with the City of Delray Beach, a copy of which is attached hereto.
Section 2. If any section, subsection, clause or provision of this resolution is held
invalid, the remainder shall not be affected by such invalidity.
Section 3. All resolutions or parts of resolutions in conflict herewith shall be and hereby
are repealed.
2
RES. NO. 52-06
Section 4. 'Ibis resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED by the City Commission of the City of Delray Beach this
_ day of ,2006.
CIlY OF DELRA Y BEACH, FLORIDA
By:
Mayor
A ITEST:
City Clerk
3
RES. NO. 52-06
AGREEMENT
Between
CITY OF BOCA RATON
and
CITY OF DELRA Y BEACH
COORDINATED OPPOSITION TO PALM BEACH COUNTY'S
FUNDING OF COUNTY-WIDE FIRE RESCUE AND DISPATCH SERVICES
This is an Agreement made and entered into by and between the CITY OF BOCA
RATON, a municipal corporation located in Palm Beach County, Florida, and organized and
existing under the laws of the State of Florida ("Boca Raton").
AND
CITY OF DELRA Y BEACH, a municipal corporation located in Palm Beach County,
Florida, and organized and existing under the laws of the State of Florida ("Delray Beach").
WITNESSETH:
WHEREAS, the County operates the County's fire rescue dispatch system (the "County
Dispatch System") to handle all incoming 911 calls from the County's unincorporated areas (and
from municipalities that contract to use the County Dispatch System);
WHEREAS, Boca Raton and Delray Beach contend that the County Dispatch System is a
service and/or program that has been rendered specifically for the benefit of the property and or
residents in unincorporated areas of the County (and from municipalities that contract to use the
County Dispatch System);
WHEREAS, Boca Raton, Delray Beach and other municipalities in Palm Beach County
operate their own independent dispatch systems or contract with another governmental entity that
provides fire rescue dispatch services (the same type of services that the County Dispatch System
provides);
WHEREAS, Boca Raton, Delray Beach and other municipalities have not utilized, and
do not intend to utilize, the County Dispatch System;
WHEREAS, the County, on September 30,2004, approved its budget for the 2005 Fiscal
Year, which provided that approximately $3.2 million of countywide revenues will be utilized to
fund the County Dispatch System;
WHEREAS, the County, on September 22,2005, approved its budget for the 2006 Fiscal
Year, which provided that approximately $8.8 million of countywide revenues will be utilized to
fund the County Dispatch System;
WHEREAS, such general funds consist of County revenue derived from all of the
County's residents even though the residents and properties within Boca Raton, Delray Beach
and other municipalities do not utilize or derive any benefit from the County Dispatch System;
WHEREAS, the County's Dispatch System is duplicative and does not provide a real and
substantial benefit to the taxpayers in Boca Raton, Delray Beach and other municipalities (who
are already paying their respective municipality to provide the same services);
WHEREAS, the County's scheme indirectly forces cities to give up the traditional
municipal service of fire-rescue dispatch through economic coercion and therefore is in violation
of Article VIII, ~4 of the Florida Constitution;
WHEREAS, the funding of the County's Dispatch System through countywide revenues
amounts to double taxation in violation of Article VIII ~ 1 (h) of the Florida Constitution and
Section 125.01(6) and (7), Florida Statutes;
WHEREAS, Boca Raton and Delray Beach on September 30, 2005, filed a lawsuit in
Palm Beach County Circuit Court (Case No. 2005 CA 009338 XXXX MB AE) (the
"Litigation") against the County challenging the County's use of countywide revenues to fund
the County Dispatch System;
WHEREAS, in or around January 2006, numerous municipalities intervened in the
Litigation (the "Intervening Cities");
WHEREAS, it is of mutual benefit to the residents of the Boca Raton, Delray Beach and
the Intervening Cities to coordinate their efforts in prosecuting their claims in the Litigation;
WHEREAS, in October 2003, Boca Raton and Delray Beach entered into an "Agreement
Between City of Boca Raton and City of Delray Beach, Coordinated Opposition to Palm Beach
County's Proposed Ordinance Mandating County-Wide Fire Rescue and Dispatch Services" (the
"Original Agreement"); and
WHEREAS, Boca Raton and De1ray Beach desire to enter into this new Agreement
which will supercede and replace the Original Agreement in its entirety.
NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promIses, covenants, and
payment hereinafter set forth, the Intervening City agrees as follows:
1. The Original Agreement is hereby terminated, superceded and replaced in its entirety by
this Agreement.
2. Boca Raton is hereby designated the "Lead Agency" and shall, after notice and
consultation with Delray Beach, make all strategic decisions regarding the Litigation, shall serve
as liaison to the Firm (as defined below) and shall keep Delray Beach and the Intervening Cities
informed as to the status of the Litigation. To the extent reasonably practicable, the Lead
Agency will notify, through e-mail or fax, the City Attorney (or other designated person) of
Delray Beach of any strategic operational decisions at least two days before implementing the
decision to allow the City Attorney (or other designated person) time to provide input to the Lead
Agency. In addition, to the extent reasonably practicable, the Firm will distribute, through e-
mail or fax, to the City Attorney (or other designated person) of Delray Beach all pleadings,
dispositive motions and other important Court filings.
3. The law firm of Weiss Serota Helfman Pastoriza Cole & Boniske, P.A. (the "Firm") shall
represent the Lead Agency, Delray Beach and, as set forth below, some or all of the Intervening
Cities, in the Litigation, pursuant to its agreement with the Lead Agency, and shall hire all
necessary consultants and lobbyists (subject to approval by the Lead Agency) to accomplish the
goals set forth above (the "Representation"). The Firm's invoices, and invoices for all other
Litigation Expenses, shall be submitted to, and paid by, the Lead Agency on a monthly basis.
The Lead Agency shall prepare an invoice for 43% of the Litigation Expenses which shall be
submitted to, and paid by, Delray Beach on a monthly basis.
4. The "Litigation Expenses" shall include all attorneys' fees and costs charged by the Firm,
consultant fees, lobbyist fees and out of pocket expenses, and shall include the costs incurred by
the Firm in providing representation to any of the Intervening Cities that request, and are
approved for, such representation, as set forth in paragraph 5.
5. Any of the Intervening Cities that desire to have the Firm represent it in the Litigation
may submit a written request to the Lead Agency and the Firm for such representation in the
form attached as Exhibit "A." If such request is approved by the City Attorney of the Lead
Agency and the Firm, then the Firm shall appear as co-counsel for the Intervening City (with the
Intervening City's City Attorney remaining as co-counsel for that Intervening City) and shall
represent that Intervening City in all aspects of the Litigation, the cost for which shall be
included in the Litigation Expenses (and paid for by the Lead Agency and Delray Beach). From
time to time, the Firm may request that the City (and the City's Attorney) participate and assist the
Firm in its representation of the City in the above-referenced lawsuit as to issues that are specific to
that City (i.e., discovery addressed to the particular City). The City (including its City Attorney or
City Attorney's designee) shall agree to fully participate and assist the Firm to the best of its ability.
Failure to do so may result in the Firm terminating its representation ofthe City.
6. This Agreement may be terminated by any party, upon a thirty (30) day written notice
given by the terminating party to the other party.
IN WITNESS HEREOF, the parties hereto have made and executed this Agreement on
respective dates under each signature: CITY OF BOCA RATON, signing by and through its
Mayor (or other authorized individual), authorized to execute same on this _ day of _,
2006, CITY OF DELRA Y BEACH, signing by and through its Mayor (or other authorized
individual), authorized to execute same on this _ day of _, 2006, and CITY OF
, signing by and through its Mayor (or other authorized individual), duly
authorized to execute same.
ATTEST:
CITY OF BOCA RATON
By:
Mayor
_ day of
, 2006.
Approved as to form by
Office of City Attorney
By:
ATTEST:
CITY OF DELRA Y BEACH
By:
Mayor
_ day of
,2006.
Approved as to form by
Office of City Attorney
By:
City of Delray Beach
Memo
From:
City Commission
City Manager tiit1
To:
cc:
Date:
July 21, 2006
Proposed Millage for FY 2007
Re:
I recommend that the proposed millage for FY 2007 be set at 7.00 mills, a reduction of 1.00 mill from the
2006 ad valorem tax rate. This reduction is equal to $6,332,820 in revenue. In light of the phenomenal
increase in the City's tax roll this year, I think it would be well to share some of that increase with our tax
payers. Bear in mind also that the proposed millage could be reduced further when the Commission sets the
tentative millage and the final millage after public hearings on the budget, but it is very difficult to increase the
rate above the proposed rate since it requires written notification to every property owner in the City.
At 7.000 mills the City's property tax revenue will increase $6,114,690 over last year. However, property
taxes generate only 56.7% of the City's General Fund revenues. Total General Fund revenues increased by
$9,526,400 over the FY2006 beginning budget, so revenues other than property taxes went up much less.
This additional revenue is largely offset by the following cost increases:
Salaries $1,865,190
Police and Fire Pension $ 385,156
Retiree Health Trust $ 151,750
Health Insurance $ 330,492
Worker's Compensation $ 309,566
Total Personnel Costs $3,042,154
Electricity $ 170,957
Fuel $ 169,746
Property Insurance $1,143,570
Take Home Cars $ 355,650
Debt Service $ 584,280
Transfer to CRA $2,003,420
Library Funding $ 300,000
Total Expense Increases $7,769,777
't.F
To this must be added the $700,000 more requested for salary increases, and a $650,000 increase in
transfers to the Capital Improvement Program to offset increases in construction costs.
This budget includes the following additional full-time positions in the General Fund:
· 1 Administrative Assistant -Information Technology (upgrade from part-time)
. 1 Senior Planner - Planning & Zoning/Current Planning Division
· 1 Staff Assistant - Parks & Recreation/Pompey Park Division (upgrade from part-time Office
Assistant)
. 1 Lead Lifeguard - Parks & Recreation/Aquatics Division
I believe that all these positions are needed to maintain or make requested improvements in the services we
provide to our citizens
Our complete budget proposal is being distributed with this agenda paclkage. I look forward to working with
you to finalize our spending plan for FY 2007. In addition our regular work session on August 8, I
recommend an extra work session be scheduled for budget review on August 22. A third work session could
be scheduled for August 29 if necessary. As we have in some prior years, we will also ad an agenda item to
the regular meeting agendas in August for .Public Comments on the Proposed Budget."
2
#t~~
MEMORANDUM
SUBJECT:
~R AND CI1Y COMMISSIONERS
r)tI1Y MANAGER
AGENDA ITEM # <1* - REGULAR MEETING OF AUGUST 1. 2006
APPOINTMENTS TO THE EDUCATION BOARD
TO:
FROM:
DATE:
JULY 28, 2006
The terms for Ms. Jennifer Ferreri and Ms. Suzanne Katz will expire on July 31, 2006. Ms.
Ferreri and Ms. Katz will have served one (1) full term and would not like to be reappointed.
This will create vacancies for two (2) regular members to serve two (2) year terms ending July 31,
2008.
Secondly, Logan Perel and Kassandra Engroff have graduated from Atlantic High School and are
no longer eligible to serve on the Education Board. This creates vacancies for one (1) student
member to serve a one (1) year term ending July 31, 2007 and one (1) student member to serve
an unexpired term ending July 31, 2007. At this time, there is one (1) student applicant who
wishes to serve on the Education Board.
Members of the Education Board must be a resident of the City, own property, own or operate a
business within the City or have a child attending Delray Beach public schools. It is the intent,
whenever possible, that the membership include persons with a background in business, real
estate and/or education.
The following individuals have submitted applications and would like to be considered for
appointment:
(See Exhibit "A" Attached)
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered with the exception of Jordan Coyne
who is a student and does not meet the age requirement to vote.
Based on the rotation system, the appointments will be made by Commissioner Levinson (Seat
#3), Commissioner Ellis (Seat #1) and Commissioner Fetzer (Seat #2) for two (2) regular
members to serve two (2) year terms endingJuly 31, 2008, and one (1) student member to serve a
one (1) year term endingJuly 31, 2007.
Recommend appointment of two (2) regular members to serve two (2) year terms ending July 31,
2008, and one (1) student member to serve a one (1) year term ending July 31, 2007.
EDUCATION BOARD
EXHIBIT "A"
Applicant
Background
Jordan Coyne
Student
Gerald Crocilla
Teacher/Career Academy Coordinator
Adam Davis
Librarian
Katherine Fazio
Administrative Assistant/Business Owner/Marketing &
Sales
Bernard Federgreen
Director of Operations (currendy serving on the Code
Enforcement Board)
Gerald F ranciosa
Law Enforcement
Philip Friedman
Financial Aid Director (currendy serving on the Nuisance
Abatement Board)
Peter Raycroft
Educator
Ned Rosen
Consulting/Research
EDUCATION BOARD
06/06
TERM EXPIRES NAME & ADDRESS OCCUPATION TELEPHONE
07/31/2007 Bradley Bradford Home: 272-9314
,\ppl 07/OS/05 65 SE 5th Avenue #N Office: 272-8991
Delray Beach, FL 33483 Pediatrician
07/31/2006 Jennifer Ferreri Office: 672-4860
Appl ffl/06/04 1820 S. Ocean Blvd #l-H Cell: 707-6687
Delray Beach, FL 33483 Financial Analyst
07/31/2006 Debra Kaiser, Chair Home: 599-2894'
,\pPl07/06/04 684 Lakewoode Circle West Fax: 638-4018
Delray Beach, FL 33445 Quality Executive
07/31/2006 Suzanne Katz Home: 865-2000
,\ppl 07/06/04 1765 Satin Leaf Court
Delray Beach, FL 33445 Intervention Specialist
07/31/2006 Harold Van Amem Home: 272-0550
Unexp ^Wl 12/13/05 733 N. Ocean Blvd. Work: 272-2912
Delray Beach, FL 33483 Developer
07/31/2006 Peggy Murphy, Vice Chair Home: 638-6859
,\ppl07/06/04 4622 Ellwood Drive Office: 243-7922
Delray Beach, FL 33445 Director Fax: 243-7018
07/31/2007 Susan Sikich Home: 272-0554
,\ppl 07/05/05 1117 Harbor Drive Cell: 312-505-6810
Delray Beach, FL 33483 Administrative Assistant
07/31/2007 Sandra Tobias Home:
Unexp ^Wl02/21/06 4464Cocoplum Way Cell:
Delray Beach, FL 33445
Real Estate/Educator
07/31/2007 Perry Stokes Home: 243-4856
Unexi> ^ppt 01/03/06 2845 SW 2200 Avenue #108 Cell: 634-0556
Delray Beach, FL 33445 Educator Office: 638":2100
07/31/2007 Mary McKenna Office: 703-9318
Appt ffl /19/05 637 Ibis Drive Home: 276-2719
Delray Beach, FL 33444 Business Advisor Cell: 703-9318
07/31/2007 . Marlo Belkin Home: 274-6932
Unexp Appt01/03/06 21 NE 11th Street Office: 279-2970
Delray Beach, FL 33444 Cell: 789-0578
Educator
STUDENT MEMBERS (one
term limit)
07/31/2007
2 YEAR TERM
UnexpAppt Vacant
07/31/2007
1 YEAR TERM
Vacant
CITY REPRESENTATIVE:
COMMISSION LIAISON:
Janet Meeks - City Planner 243-7231
Fred Fetzer (Primary Member)
Jeff Perlman (Alternate Member)
DB.RAY BEACH
......,
'1br.8.d
Mil. """It._
, ' , III!
199J
2001
.1-
2
3_
4.
VlL
5. Home Phone:
S7z;a!euf
City
5o..me
City
Business Phone:
tJ~
E-Mail Address:
Cell Phone:
O~ JJ O(\.Q.,.
Fax:
7.
e you Ultecested in serving? Please list in ocder of pcefecence~
Bocud.
8. List all City Boards on which you are currendy serving oc have pceviously served: (please include dates)
. 'No~
)
to. Ust any related professi.onal certifications and licenses which you hold:
9. Educational qualifications: F r
11. Give your present, oe most recent employer, and posi.tion:
-t-
12 Describe experiences. sill or knowledge which quality you to serve on this board: (pkase attach a brief resume)
I hereby. certify that all the above statements ace .true. ~d I agree and tmdecstand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of.ap.y appointment I may reCeive. .
!{i-0J 0 to
D11:
Note: l1Us application will remain olifile in the City Clerk's Office foe a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current: application is on file.
. . . ~aoAlID\A1'l'LlCAlDN
;
-'
Jordan Coyne
Delray Beach, FI .
Freshman in Atlantic's IS Program
As an IB student at Atlantic High~ and ateenager with a passion to help..
my preSence on the Education Board would create a profound and - Positive
impact I have been to three OeIray Beach Schools. for a year each. Those
schools wereC~rver Middle, and Atlantic, which were public, and American
Heritage, a private school, thereby providing me with two diverse perspectives on
education in this great city_
. I am anxious to continue to serve Delray and its children. My community
service indudes creating a healing event after September 11th, volunteering at
the mayor's pajama party for reading, and sharing the w(>J1ders of literature
thrQUgh David's Drawings. David's Drawings was the children's book chosen for
all the kids in Dekay to read~ I worked in Old School Square, along with friends,
to complete a life size portrait of the book and explain how important literature is
for young children. I truly believe that literatur~ is the key to success in school
and .life-andthrough our help we can change a child's Mure for the better.
)
onlAY BEACH
, . . I , ,. .
rqrr
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
RECE\VED
jUl 26 Z006
C\T'l CLE.i\\<.
1~tR,-{J~
***...
1.
Name .
M.I.
'M
& "!-(,.L/T
~
City
A-L..D
w:!bA./ &naf-
St2t=L.
Sttte
2.
3.
City
State
Zip Code
FL g3C/f.{S'
Fax:
Ollf3-tS3
'1- 304 .
(5S
& ^'~ N l3/?/JC 1-1
8. What Board (R) lUe you inte ested in ,;erving? Please list in order of preference:
'=/)cJ CA-rto~
9. List aU City Boards on which you are currendy sct"\1ing or have previously served: (please include dates)
10. Educational qua1ifications:
8.1} /11, 32 e4..r5tLS c~C WI
11. List any related professiooal certifications and licenses which you hold:
~ :../;:.,
DATE
Note: This application ~ remain on file in the City Clerk's Office for a period of 2 yeatS from the date it was
submitted. It will be the applicant's responsibility to ensute that a curren.t applicatic.n is on file.
DURAY BEACH
~
All-AmedcaCity
, III ,!
1993
2001
CITY OF DELRAY BEAC~ECEIVED
BOARD MEMBER APPLICATIRJtl2 6 2006
CITY C ER
Please e or rint the followin information:
1. Last Name:
DaVIS
2. Home Address:
'3'2.2 1'1 C
3. Legal Residence:
.sa VYU--
4. Principal Business Address:
61:
Name ^ J
MQo.m
City Lake, vwr<AA
City
100 W Itf!anf1~ ~
5. Home Phone: Business Phone:
City
7)z1 Aay
E-Mail Address:
Beach
.IS
State Zip Code
FL-- 334{P6
State Zip Code
State Zip Code
FL- 33441
5/il1- 5<df-'1(P(P{:.
6. Date of Birth
rZ/ZCJ!7-R
Cell Phone:
,5CP/-8l-6- fo35
ie6
Uke Wo/?f0FL
8. What Board(s) are you interested in serving? Please list in order of preference:
,Edt/caltO/7 8vtil<-c/
'9. List all City Boards on which you are currently serving or have previously served: (please include dates)
N/A-
10. Educational qualifications:
a If& chec/
11. List any related professional certifications and licenses which you hold:
N/f-
12. Give your present, or most recent employer, and position:
fJeah fVb/;'& L/~3 J fkud t?F'/?e (?FlCk!. atd YA- SeAJ/ICto
13. DescrIbe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
a /Ia.~kcl
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
. 1:2 (p 10 ~
DA E /
Note: This application will remain on ftle in the City Clerk's Office for a period of2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on ftle.
1
Adam S. Davis
822 North C Street
Lake Worth, FL 33460
561-876-9035 adam.davis@delraylibrary.org
OBJECTIVE :0 obtain an appointment on the Delray Beach Education Board.
EDUCATION
University of Illinois, U-C Graduate School of Library & Information Science
Graduation Date: 12/04
University of Hartford Majors: Sociology & Spanish (Bachelor of Arts)
Graduation Date: 05/01
WORK EXPERIENCE
Delray Beach Public Library (Delray Beach)
Head of Reference, Young Adult Services From: 01/05 to present
. Supervise and manage staff of three professionals and volunteer staff of up to 20.
. Provide face-to-face, online, and telephone reference and reader's advisory services to
large, diverse population of adults and teens.
. Create and provide programming for Dekay Beach adults and teens.
. Effectively develop non-fiction, foreign language, and reference collections for adults
and fiction and non-fiction collections for teens.
. Successfully carry out promotional and outreach activities to increase community
participation in the library.
University of Illinois, U-C Undergraduate Library
Graduate Assistant From: 08/03 to 12/04
. Assist large, diverse student, faculty, and community population with research at
reference desk.
. Provide telephone, chat, and online reference services to students, faculty, staff and
community members.
. Perform bibliographic instruction services. Instruction workshops include: Info- Trac,
EBSCO, OCLC FirstSearch databases, Ovid databases, and Lexis-Nexis databases; and
Voyager online catalog.
. Supervise opening and closing of library, and manage 5-10 student workers.
. Manage online "Question Board" e-mail reference service.
. Create innovative displays to attract patron interest in library services.
. Participate in LGBT Bibliographic Committee.
Champaign Public Library (Champaign, IL) Bookmobile
Intern From: 09(04 to 12/04
. Assist bookmobile staff members in circulation duties.
. Perform successful reader's advisory services in English and Spanish.
. Present and implement a plan for increasing bookmobile patronage.
2
RELEVANT PROFESSIONAL EXPERIENCE
Co-chair, RUSA RSS Library Services to the Spanish Speaking Committee, ALA
From: 06/04 to Present
. Responsible for setting national guidelines for library services to Spanish-
speaking patrons.
Participant in Read Together Palm Beach County
Spring, 2006
. Co-coordinated local programming around To Kill a Mockingbird.
. Effectively provided outreach and promotional materials to increase participation
1n programs.
LANGUAGE SKILLS
Proficient in Spanish - written and oral.
COMPUTER SKILLS
Knowledgeable in HTML code, Voyager, Sirsi and Horizon integrated online library systems,
Word, Excel, Access, experience with over 125 article and research databases.
REFERENCES
Karen Evanson
Assistant Director, Delray Beach Public Library
100 West Atlantic Avenue
Delray Beach, FL 33444
561-266-9489
karen.evanson@delraylibrary.org
Lynda Hunter
Children's Librarian, Delray Beach Public Library
100 West Atlantic Avenue
, Delray Beach, FL 33444
561-819-6299
Lynda.hunter@delraylibrary.org
Mykal Banta
Assistant Director, Dekay Beach Public Library
100 West Atlantic Avenue
Delray Beach, FL 33444
561-266-0198
. Myka1.banta@delraylibrary.org
July 26, 2006
Dear Ms. Cobb:
Thank you for taking the time to review my Board Member Application. I am very
interested in serving on the City of Delray Beach Education Board and feel that my
expertise as a librarian will benefit those who are served by the Education Board as well
as the City as a whole.
I'm currently the Head of Reference and Young Adult Services at the Delray Beach
Public Library. My training and duties are geared towards offering research assistance to
both adults and teens. During the school year, I coordinate book discussion groups,
educational and entertainment activities, and homework help for teenaged students in
order to create a positive youth culture at the Delray Beach Public Library.
I want to extend my efforts in facilitating a positive youth culture by joining the Delray
Beach Education Board. I would like to create relationships not only with the students,
but with teachers and administrators as well, because I believe that with cooperation
amongst educators and motivated interested citizens, Delray Beach youth can always be
better served. I want to be a part of the process.
Again, I want to thank you for your time in looking over my application. If you have any
questions, please feel free to contact me at your earliest convenience.
Sincerely,
Adam S. Davis
Head of Reference
Delray Beach Public Library
1 00 West Atlantic Avenue
Delray Beach, FL 33444
adam.davis@delraylibrary.org
(Ph) 561-266-0196
(f) 561-266-9757
100 WEST ATLANTIC AVENUE DELRAY BEACH, FL 33444
PHONE 561-266-0194 FAX 561-266-9757
WWW.DELRAYLIBRARY.ORG
.~R!'~B~ ~O ?/ 7/0 <f>
~ ,'-1
;ill....v \\ "\ 'l.\\\\'<> CITY OF DELRAY BEACH ;6~ I r
. .~ ,,~v.. c,\-'<:.xiOARD MEMBER APPLICATION . '1
1993 G~~ .
2001 ~])I/rlljwj(/'
*****
L
L
2.
3. Legal Residence:
4. Principal Business Address:
City
State
Zip Code
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
6.
CR-A
U UL It. UJr
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
\
j
~
9. Educational qualifications:
10. List any related professional certifications and licenses which you hold:
11. Give your present, or most recent employer, and position:
.. . ~
CJ
Note: This application will remain on file in the City Clerk's Qffice for a period of 2 years from the date it was
submitted It will be the applicant's responsibility to ensure that a current application is on file.
!t'IrTrYr.f.RRll\ROAllJl\APPI.lr.ATfON
RESUME
i
!
KATHERINE FAZIO
1118 Harbor Drive
Delray Beach, Florida 33483
HOEne:561~276-4939
Mobile: 561-289-2320
Email: k6464@aoLcom
.Objective: To participate as a citizen on the Gty of Delray Beach Boards
Experience: 912005 - Present
Carl W_ Tnnpson Delray Beach,. FL
Tunpson Investments, Inc.
Assistant
Work part-time providing administrative assistance. Written client
communications, phone wor~ bill paying and more.
612005-9/2005
Randolph T. Ely Delray Beach,. FL
. Allmon, Tiernan andEly
)
Receptionist
Worked part-time providing many administrative services for an
extremely busy and successful real estate office - phones, contracts,
mailings and MLS software_ Was offered a full-time position
8/1990 - 8/2001 .. Write to Me Delray Beach,. FL
Owner
Initiated and operated a local stationery business. Represented 35
. different companies to a customer base of over 300 people in the Delray
Beach area. Computer use was extensive for all billing, accountiilg and
marketing. Running the busmessrequired organizational skills, creativity,
. and a gregarious, outgoing personality" Sold the business for more than
four times the original investment
8/1981 - /1985 Baystate Finai1cial Boston, MA
Assistant Vice President, Investments .
Responsible for providing Irlarketing and ~es support to 135 Registered
Representatives inthe investment business. The position required in- .
depth knowledge of invesbnent products which included annuities,
mutual fun~,. unit investment trusts, tax shelters and discount brokerag~
Created and maintained all marketing aids, reviewed new products,
provided sales support to the Registered Representatives and managed an.
. office staff of .five.
8/1979 - 8/1981 Keystone Massachusetts Boston, MA
Manager, Field Marketing Services
The position provided sales support to the Northeast Regional Vice
President and all of her broker/dealers. Assisted in the marketing of-
mutual funds, retirement plans, annuities, trust services and private money
management Responsible for overseeing five other Marketing Assistants.
Worked clo~ly with the entire field of Regional vice Presidents to
coordinate their sales efforts around the country with the home office.
8/1977 -/1979 Massachusetts Financial Boston, MA
Services
Marketing Assistant
Started as secretary but was promoted to Marketing Assistant which
required sales support and service of customer accounts for the
broker/dealers. Dealt with mutual fund products and retirement plans.
8/1976 - 8/1977
Alliance Capital
Management
Boston, MA
Receptionist
First job upon completing of college degree. Receptionist for busy
investment firm. General office work
Education: 611975 Rollins College
Bachelor's Degree
Winter Park; FL
After Rollins, obtained Life, Accident and Health Insurance license also
National " Association of Security Dealers license.
Affiliations: 912001 - Present Paul's Place After School Delray Beaclt, FL
Board Member and Volunteer
9/1999" - 9/2004
Mentor .
Big. Brother Big Sister
Oelray Beam FL
Personal: Married with two grown children. Active community volunteer. Love to
play tennis, golf, fish, travel and read
*****
/r/5Jbf
. DELRAY BEACH
.,.......
1ffr
. 1993
- 2001
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLICATIONOC1 1 It 2005
CITY CLERK.
." ",)
information:
I/E
State
FL.,
State
M-,
MI-rr-
'J
?:iF Code
33
Zip Code
.3 3 YW
Ee/V
A/,J~
State Zip Code
.-
------.
S_ Home Phone: .
!;/tlU; 333 .
6_ fue you a registered voter?
llusiness Phone:
Cell Phone:
-
7_
130ft
8. List all City Boards on which you are currendy serving or have ps.~ously served: (please indudedates)
. - . . -/t/b t/,
9.
10. List any related professio~ certifications an~ licenses which you hold:
"
1 t. Give rOW; J?resent, 0
{hM....Ch.M .
OJ? tJ/e/l~~
. .
. 12 Dtsa:ibe experiences. skills or knowledge 'which qtJEilify you to serve on this hoard: (please attach 2. hri<?f resume)
. If I B:vBt!J ?J p// A-/l s . o;~ . --- .
the ~ove statements are ttue, and I agree and unde.tstmd that any misstatement of material facts
may cause forfeituce upon my part of any appointment I may receive.
. . d:5 / 'rQl4J\1 ~
DATE t. .
.,~.' ote: This application will remain. on file in the: City Oe.rk's Office for a period of 2 years from the date it was
, submitted. It will-be the applicanfs responsibil,ity to ensure' that a. cuo:ent applicati~n is on file. ....
. . S\CIIYaJ!ltDBOAl!rMrrUCAnoN'
'00') .: GER-'3H\)
. u~'ut:~~ IH~ IJ:~3
t'iU ~tll4:.H3'dq
Hug- 04 2005~MJW
<?/ tt7J
CITY OF DELRAY BEACH E-CE-\\/E-O
BOARD MEMBER APPLlCATIO~ G ~.~ 1\\\\5
~\\. . '"
" C\...'C. t\:
crt'l .
FH:"': 110. : 5612660746
U 1"1: L Ll:lUI.
OfUU.Y Df;AQt
~
;qr~
1993
2001
'f-l
. E1Je: {'T
3_ ~~~ :;~
4. P.co.cipal.B\Uio.~ Addt.-cs:s:
M..L
./
City
City
Ox:y
Sb1.~
Zip Co&
1\u.Uness 'Phone:
T.
8.
\
.)' Ed"~q~uli<:ns: 13
10. Ust:my 1:eb.~ profl!!l.lSiowal Ce.ttifiC1ci.OOS 1O..;f.Ii(:'ctI6ai which you hold:
11.. Glve youe pus~~ or ~ tecent eoiployer,. 2.t1d position:
12. DCscr:ibe ~euo:s. 6ldJU oc kno1l:liedg.e Whid.. qasJify)"OQ. to save Q.Q this board: (Ple:uc:aa:xm 11. bOd' U=SUIO.c)
. J:fJ ~r;-
appbcioo. wil1 x:~ o.o.fi1e in tb.c:- Ciq QccJt>s Of:ficc: for: a peef.od 0.[ 2 year.;: fi:Om the lhtc it ~
millt~. l(will be the applicane$ rcspo.nsibtlio/ Co Cnzurc- dJ$.t a CIlIXen.~ :pp~O;Uioo. is. 00. file. .
~Cl..IlaV.Iu>~
)
,
m~
. 1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
WqtTJ .
chirC'/.J~/reclz
ORRAY BEACH
. .. . <It. . . ..
*****
'4.
infOOlliltiOn:
RECEIVED
AUG ~.5 2005
K
N
3.
~te
State
2.
City
State
Zip Code
."
5_ Home Phone: .
8~{
6.
. Business Phone:
E-Mail. Address:
tell Phone:
Fax:
9.
/U
^-.J Q~ era
~u.....S';Ate s
7_
8.
10_ List any relatrd pr<?f~ioruU certifica.tio~ an~. nli,fCfiS .e es wh\ch you hold:
~.e.-\~.-vV S 'I ~S I cC6U<<--e-
~(E~~
tu..\~c..t .
r~)A:
_ ...i>>
Note: This application willrema.in on file inthe<CityClerk's Office fot.a period of2 years from the date it was
submitted It will be the applicanfs responsibility to ensure' that acm:rent application is on file. ..
. ~nON
aJ:>ove statements are troe, and I agree and understand tlut any misstatement of material facts
on may ca fodcibtte upon my pm of - appointmeot I 2S <~<-
. . 8/s- C)~
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. .. .. <IIIl . _ ...
*****
mr
.1993
2001
CITY OF DELRAY BEACH R:f~~
BOARD MEMBER APPLICATIO~V - 1 2005
CITY CLEHK
.,'
2_ Home Address;
'21
3_ Legal Residence:
City
Name
City
~CL-
4_ Principal-Business Address: .
City
State - Z~ Code
Home Phone: -
. "Business Phone:
E-Mail Ad~s:Ll Cell Phone:
av-d~~ 510'4\ -~263.,.
If so. where are you registered?
Fax:
1.
6_ Are you a registered voter?
8. List all City Boards on which you are currendy secving 01: ha.ve previously served: (pI~e include ~tes)
. :~
j
"9.
3. a. C0
ntions and licenses which you hold:
- that all the a~ve statements are ttue, and I agree and understand that any misstltement of material facts
- this appli -on IDa: e forfeiture upon my part of any appointment I may receive.
- - .' - lo{~(Jo~"
DATE
~. ote: This application ~ renuin. on file in the'City Cle.rlCs Office for apenod of2 years from the date it: was
submitted It will-be the applicant's responsib~t:y to ensure- that 3.cuo:en.t application. is on file.. -
S'arY~AJWWrUCAT(ON
cJ/lJ ~/t ~ - - ."- ". - -
DElRAY BEACH
~
'Iur
.1993
CITY OF DELRAY BEACH RECE\VED
BOARD MEMBER APPLICATION JUL 24 2006
'dI?
2001 C\T'I CJ;~;)"
Please type or print the followin2 information:
1. Last Name: R O.5ef1 Name #E>d MVA, "f
2. Home Address: Ci State Zip Code
9"3"" G re CJ15wdJrd L d/Je tyOe/rcl >' Ifei/cj, FL ?>39'1S-
3. Legal Residence: ;?.Jt'l/'e City State Zip Code
3;;/?1e 2~
4. Principal Business Address: City State Zip Code
I?et
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: j-t 1-
5"/:;/-637-6,JJ<;: - 11 e./cd -;c/ (/) h/I~I!II14 bJ7-jt)7
.1;161 .;
6. Are you a registered voter? y " If so, where are you registered? p f' / y ~ )/ }$r?c .I
t?5
7. What Board(s) are you interested in serving? Please list in order of preference: F d l>6dI'J c/ 5/J c
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
.5e-e ;tl!iJ['it> .I
9. Educational qualifications: .$ Be t:i) iI Jlcl'E' /
10. List any related professional certifications and licenses which you hold:
...se-e ;:v tiN c/e '"
11. Give your present, or most recent employer, and position: Ne h ~'Pj
12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
.5f>e i7ft jJ(' jt-/
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
~ ~tion may couse rorl<tture upon my """ of any .ppo;mment I may tt<dve
~ 7~2/-0b
SIGNA1URE DATE
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
SlCTTYO-ERK\BOARDIAPPUCATlON
Dr. Ned Rosen, (RET)
Phone: 561-637-6228
e-mail: nedcoach@bellsouth.net
Ned is an industrial/organizational psy-
chologist having both academic and
independent consulting background.
Working closely with senior executives
and other managers, he has facilitated
numerous business planning meetings,
and has coached a variety of intemal
task forces formed to resolve problems
and implement major organizational
change. Much of his work has been
conducted in intemational organizations
having highly diverse, multi-cultural staff.
Ned also is a highly experienced applied
research professional. Early in his career
he was associated with the nation-wide
Purdue Opinion Panel for teenagers. He
also was the primary administrator of the
state of Indiana's High School Testing
Service and of the Purdue University
intemal institutional research division. He
conducted troop morale surveys for the
Adjutant General's office while serving in
the US Army.
From 1961 to 1982 he was a faculty
member at Cornell University where he
became a tenured full professor and
department chairman (Organizational
Behavior Department). As an academic
he had a reputation for skillful integration
of quantitative academic research and
theory with practical issues in the world
of work. His interest in application and
implementation strongly influenced his
decision to leave Comell in 1982, at the
invitation of The World Bank, to pursue
private practice.
Ned's client base included many well-
known Fortune 500 corporations in varied
industries such as General Electric, Dun &
Bradstreet. Xerox, GTE and Ciricorp,
among others. He also provided
professional services to The New V ork
Hospital. Street Bank of Boston, the
Canadian Public Service Commission,
and the Intemational Monetary Fund
before retiring in 1996.
Recently he completed a two and one-
half year mentoring experience in the
Florida Take Stock in Children program.
The "at risk" student he mentored is now
enrolled in college having graduated
Magna Cum Laude from high school.
Ned was a volunteer member of the
Hollywood, FL Civil Service Board in 1998-
99. He also was a volunteer consultant
to the Broward County Service Agency
for Senior Citizens at that time. He has
served on three different condominium
boards.
Ned's formal education includes a BA
degree in economics and business ad-
ministration (Antioch College), a Masters
degree in labor and industrial relations
(University of Illinois), and a Ph.D. in
industrial psychology (Purdue University).
He has authored three books and
numerous research articles published in
refereed professional journals. He has
strong background in psychological and
educational testing, statistics, employee
selection, performance appraisal and
career development methods, and
related legal. policy and ethical issues.
He is an avid and knowledgeable user of
modern electronic technology.
Ned is an elected Fellow of the
American PsychOlogical Association, a
professional distinction enjoyed only by
a small percentage of organizational
psychologists.
~crfe-
TO:
DAVID T. HARDEN
cr~~.~~AG R (.
PAUL DORLlNG
o A, S OR PLANNER
SUBJECT: MEETING OF AUGUST 1, 2006 FIRST READING AND
TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 2006-1
(06-1 ).
THRU:
FROM:
The City Commission initiated Comprehensive Plan Amendment 06-1 on July 11,2006.
It is noted that there have been several changes to the contents of this amendment
since its initiation. The Future land Use Map (FLUM) amendments associated with the
annexation of Devco Plaza, The Enclave and Breezy Acres have been deleted and the
FLUM amendment associated with the annexation of properties adjacent to Bexley Park
has been modified to include only one of the five original parcels. The remaining items
in the Plan Amendment include three (3) City initiated Future Land Use Map
Amendments, two (2) privately initiated Future Land Use Map Amendments, and six (6)
text changes, including provisions for the new "Congress Avenue Mixed Use"
designation. A brief description of each item is listed below and a full analysis is
contained in the attached Comprehensive Plan Amendment and support documents.
It is noted that staff does not recommend approval of the privately initiated text
amendments to revise the description of the Commerce Future Land Use Map
designation to allow residential development within workforce housing overlay districts
or to revise Future Land Use Element Policy A-7.2, to add the 1-95/CSX Railroad
Corridor as a workforce housing overlay district.
SUMMAR'
1. Text Amendments
a. Future Land Use Element - Modification of Mixed Use Categories to add a
description for the new "Congress Avenue Mixed Use" designation, including
provisions for maximum densities and intensities, workforce housing and a transit-
oriented development overlay near the tri-rail station and delete the description for
the "Redevelopment Areas" designation;
b. Amendment of Table L-7, Land Use Designation/Zoning Matrix, to accommodate the
new Congress Avenue Mixed Use designation;
\(J. \\
City Commission Documentation - Meeting of August 1, 2006
Comprehensive Plan Amendment 06-1
Page 2
c. Future Land Use Element - Modification of Policy A-7.2 to include the provision of
workforce housing in the MROC (Mixed Residential Office Commercial) zoning
district which encompasses the new Congress Avenue Mixed Use designation.
Language has also been added to support a privately initiated text amendment to
allow residential development within workforce housing overlay districts in the CMR
(Commerce) FLUM designation when a minimum of 25% of the units are workforce
housing;
d. Future Land Use Element - Modification of Policy A-7.4 to increase the time period
for which workforce housing units, constructed under the Family/Workforce Housing
Program, shall remain affordable from 30 to 40 years;
e. Future Land Use Element - Modification of Policy A-2.4 to reflect elimination of the
potential for automobile dealerships between NE 5th Street and George Bush
Boulevard. This text amendment is privately initiated in concert with the O. C. Taylor
Dealership Future Land Use Map Amendment; and
f. Future Land Use Element - Modification of the description of the Commerce
FLUM designation to include provisions for residential development within a
designated overlay district, subject to the provision of workforce housing. This
text amendment is privately initiated in concert with the Depot Road property
Future Land Use Map Amendment.
2. Future land Use Map Amendments
a. City initiated Future Land Use Map amendment for the North Federal Highway
area located between NE 4th Street and George Bush Boulevard, extending from
the FEC Railroad to approximately % block east of NE 6th Avenue and privately
initiated Future Land Use Map amendment for the former O. C. Taylor dealership
property, located south of George Bush Boulevard, between NE 5th and NE 6th
Avenues, for a combined total of approximately 23.2 acres. The current
designation is GC (General Commercial) and the proposed designation is CC
(Commercial Core);
b. City initiated Future Land Use Map amendment for approximately 225.5 acres to
create a new CMU (Congress Avenue Mixed Use) Land Use designation along
the Congress Avenue corridor, between Atlantic Avenue and the South municipal
boundary with Boca Raton. The current designations include CMR (Commerce),
TRN (Transitional), GC (General Commercial) and CF (Community Facilities);
c. City initiated Future Land Use Map amendment to assign City Future Land Use
Map designations concurrently with the annexation of approximately 3.18 acres
of property located west of Barwick Road, north of the L-31 Canal. The current
County Land Use Map designation is MR-5 (Medium Density Residential, 5 units
per acre) and the proposed City designation is MD (Residential Medium Density
5-12 du/ac); and
City Commission Documentation - Meeting of August 1, 2006
Comprehensive Plan Amendment 06-1
Page 3
d. Privately initiated Future Land Use Map amendment for approximately 8.8 acres,
located on Depot Road, east of the CSX Railroad from IND (Industrial) to CMR
(Commerce).
The Planning and Zoning Board held its public hearing regarding the amendment on
July 17, 2006 and one of the FLUM amendments (Devco Plaza, The Enclave & Breezy
Acres) was continued to July 24, 2006. Presentations were made by the applicants for
the two privately initiated FLUM amendments and members of the public spoke on
several items. A synopsis of the Board's action with regard to each of the included items
is as follows:
Future Land Use Map Amendments
a. North Federal Hiqhwav Area - Privately initiated for the O. C. Taylor property and
City initiated for remainder. After staffs presentation, the applicant made a brief
presentation in support of the amendment and rezoning. The attorney for the owner
of the Acura and Hyundai dealerships spoke against the inclusion of those two
properties in the FLUM amendment and rezoning, since the dealerships would
become nonconforming uses. Several residents of the adjacent area also spoke on
the item with concerns of how the increased intensity would affect their properties.
The Board discussed the item and voted 5-1 (Kincade arrived late, Eliopolous
stepped down) to approve the FLUM amendment and rezoning, modified to exclude
the Acura and Hyundai dealership properties.
b. Conqress Avenue Corridor - City initiated. After staffs presentation, Randy Welker
spoke in favor of the amendment. The owner of an auto wrecking business asked
how the amendment would affect his business and he was told that the business
would become nonconforming. No one else from the public spoke on the item. The
Board discussed the item and voted 7-0 to approve the FLUM amendment.
c. Bexlev Park Area - City Initiated. After staffs presentation, several property owners
expressed concern over the status of their agricultural businesses on the properties
as well as increased taxes. It was explained that the agricultural tax exemption
would apply in the City as well. The Board discussed the item and voted 6-1 to
approve the annexation, FLUM amendment and rezoning.
d. Devco Plaza, The Enclave and Breezv Acres - City Initiated. After staffs
presentation, several property owners expressed concern over the increase in
property taxes and the affect of the annexation on their quality of life, given the rural
character of the subdivision. Since there are several landscape businesses being
operated in this area, there was also a concern of how these businesses would be
affected. One property owner stated that she had contacted the County and was told
that there was a problem with the annexation due to the creation of an enclave. The
Board discussed the item and voted 3-2 (Eliopoulos and Borchardt absent) to
approve the annexation, FLUM amendment and rezoning. Note: this item has been
deleted from the amendment.
City Commission Documentation - Meeting of August 1, 2006
Comprehensive Plan Amendment 06-1
Page 4
e. Depot Road - Privately initiated. After staff's presentation, the applicant's attorney
spoke in favor of the amendment. No one else from the public spoke on the item.
The Board discussed the item and voted 6-0 (Krall stepped down) to approve the
FLUM amendment and rezoning.
Text Amendments
a. Description of Conqress Avenue Mixed Use FLUM desiqnation - City Initiated. After
staff presentation, no one from the public spoke on the item. The Board discussed
the item and voted 6-0 (Eliopoulos stepped down) to approve the text amendment.
b. Modification of Table L-7. After staff presentation, no one from the public spoke on
the item. The Board discussed the item and voted 6-0 (Krall stepped down) to
approve the text amendment.
c. Future Land Use Element Policv A-7.2 - City initiated in part and privately initiated in
part. After staff presentation, no one from the public spoke on the item. The Board
discussed the item and voted 6-0 (Zacks absent) to approve the text amendment.
d. Future Land Use Element Policv A-7.4 - City initiated. After staff presentation, no
one from the public spoke on the item. The Board discussed the item and voted 6-0
(Krall stepped down) to approve the text amendment.
e. Future Land Use Element Policv A-2.4 - Privately initiated. After staff presentation,
no one from the public spoke on the item. The Board discussed the item and voted
5-0 (Eliopolous and Krall stepped down) to approve the text amendment.
f. Description of Commerce FLUM desiqnation - Privately initiated. After staff
presentation, the applicant's team made a presentation to support the proposed
amendment to allow residential development within workforce housing overlay
districts in the Commerce FLUM designation. Randy Welker spoke in favor of the
proposal. No one else from the public spoke on the item. The Board discussed the
item and voted 6-0 (Zacks absent) to approve the text amendment.
Following review of the items individually, the Planning and Zoning Board voted 5-0
(Zacks absent, Krall stepped down) to recommend approval of Comprehensive Plan
Amendment 06-1, as modified to exclude the Acura and Hyundai dealership properties
from the North Federal Highway FLUM amendment, and transmittal of the amendment
to the Florida Department of Community Affairs.
A. Continue with direction;
B. By motion, approve on first reading, Ordinance No. 38-06, adopting
Comprehensive Plan Amendment 06-1, by adopting the findings of fact and law
contained in the staff report and finding that it supports and furthers the Goals,
Objectives and Policies of the Comprehensive Plan and finding that the included
City Commission Documentation - Meeting of August 1, 2006
Comprehensive Plan Amendment 06-1
Page 5
Future Land Use Map amendments and approval thereof are consistent with
Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), LOR Section 3.1.1 (Required Findings), and the Goals,
Objectives, and Policies of the Comprehensive Plan and transmit the Amendment,
containing the material in the staff report and attachments to the Florida
Department of Community Affairs.
C. By motion, omit the privately initiated text amendment to revise the description of
the Commerce Future Land Use Map designation to allow residential development
within workforce housing overlay districts, and the text amendment to revise Future
Land Use Element Policy A-7.2, to add the 1-95/CSX Railroad Corridor as a
workforce housing overlay district, and approve on first reading, Ordinance No. 38-
06, adopting the remainder of Comprehensive Plan Amendment 06-1, by adopting
the findings of fact and law contained in the staff report and finding that the
amendment supports and furthers the Goals, Objectives and Policies of the
Comprehensive Plan and finding that the included Future Land Use Map
amendments and approval thereof are consistent with Future Land Use Element
Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LOR
Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the
Comprehensive Plan and transmit the Amendment, containing the materials in the
staff report with attachments to the Florida Department of Community Affairs.
RECOMMENDED ACTION
By motion, omit the privately initiated text amendment to revise the description of the
Commerce Future Land Use Map FLUM designation to allow residential development
within workforce housing overlay districts, and the text amendment to revise Future
Land Use Element Policy A-7.2, to add the 1-95/CSX Railroad Corridor as a workforce
housing overlay district, and approve on first reading, Ordinance No. 38-06, adopting
the remainder of Comprehensive Plan Amendment 06-1, by adopting the findings of fact
and law contained in the staff report and finding that the amendment supports and
furthers the Goals, Objectives and Policies of the Comprehensive Plan and finding that
the included Future Land Use Map amendments and approval thereof are consistent
with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), LOR Section 3.1.1 (Required Findings), and the Goals,
Objectives, and Policies of the Comprehensive Plan and transmit the Amendment,
containing the materials in the staff report with attachments to the Florida Department of
Community Affairs.
Attachments:
· Comprehensive Plan Amendment 06-1
. Ordinance No. 38-06
ORDINANCE NO. 38-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 2006-1, PURSUANT
TO THE PROVISIONS OF THE "LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ACT", FLORIDA STATUTES SECTION
163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED
"COMPREHENSIVE PLAN AMENDMENT 2006-1" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the
provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the
"Local Government Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document
entitled "Comprehensive Plan - Delray Beach, Florida"; and
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an
amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2006-1; and,
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due
public notice, held public hearings on July 17, 2006, and July 24, 2006, in accordance with the
requirements of the "Local Government Comprehensive Planning and Land Development
.Regu1ation Act"; and
WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies ofthe Comprehensive Plan; and
WHEREAS, after the above referenced public hearing, the Planning and Zoning Board,
as Local Planning Agency, recommended to the City Commission that the proposed
Comprehensive Plan Amendment 2006-1 be transmitted; and
WHEREAS, proposed Comprehensive Plan Amendment 2006-1 was submitted to and
reviewed by the City Commission; 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, following due public notice, the first of two required public hearings on
Comprehensive Plan Amendment 2006-1 was held by the City Commission on August 1, 2006 at
which time it was authorized to be transmitted to the Department of Community Affairs for
required review; and
WHEREAS, Comprehensive Plan Amendment 2006-1 was found to be in compliance by
the Florida Department of Community Affairs and the Department of Community Affairs did not
identify any objections; and
WHEREAS, following due public notice, the second of two required public hearings on
Comprehensive Plan Amendment 2006-1 was held on , in accordance with
statutory requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Florida, hereby
declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes
Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and
Land Development Regulation Act".
Section 3. That in implementation of its declared intent as set forth in Section 1 of this
ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment
2006-1, which is attached hereto as Exhibit "A" and incorporated herein by reference.
Section 4. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is
hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2006-1.
Section 5. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent 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.
2
ORD. NO. 38-06
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. That the effective date of this ordinance, is upon the date a final order is
issued by the Department of Community Affairs( DCA) finding the amendment in compliance in
accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration
Commission finding the amendment to be in compliance in accordance with Chapter 163.3184,
F.S.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2006.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD. NO. 38-06
CITY OF DELRA Y BEACH, FLORIDA
Planning & Zoning Board
Transmittal Public Hearing
July 17, 2006
City Commission
Transmittal Public Hearing
August 1, 2006
CITY OF DELRA Y BEACH, FLORIDA
- TABLE OF CONTENTS -
Paae
TEXT CHANGES - (CITY INITIATED)
1 Future Land Use Element - Modification of Mixed Use Categories to add a
description for the new Congress Avenue Mixed Use FLUM designation
and delete the description for the Redevelopment Areas designation
4 Future Land Use Element - Amendment of Table L-7, Land Use
Designation/Zoning Matrix, dealing with the new Congress Avenue Mixed
Use FLUM designation
4 Future Land Use Element - Policy A-7.2 (Workforce Housing Densities)
5 Future Land Use Element - Policy A-7.4 (Workforce Housing Affordability
Time Period)
TEXT CHANGES - (PRIVATELY INITIATED)
6 Future Land Use Element - Policy A-2.4, (Automobile Dealerships)
8 Future Land Use Element - Modification of the description of the
Commerce FLUM designation.
AMENDMENTS TO THE FUTURE LAND USE MAP - (CITY INITIATED)
9 North Federal Highway Area
9 Congress Avenue Corridor
9 Bexley Park Area
AMENDMENTS TO THE FUTURE LAND USE MAP - (PRIVATELY
INITIATED)
9 O. C. Taylor
10 Depot Road
CITY OF DELRAY BEACH, FLORIDA
TEXT CHANGES
CITY INITlA TED TEXT CHANGES:
1) location: Future land Use Element - Pg. Fl-44, Modification of the Mixed
Use Categories to add a description for the new "Congress Avenue Mixed
Use" FlUM designation and delete the description for the
"Redevelopment Areas" designation.
MIXED USE CATEGORIES: There are two types of mixed use land designations
on the Future Land Use Map.
Other Mixed Use: There is not a designation for this category. However, such
areas are generally noted by the more general boundaries of the land use
designations. An example would be the accommodation of a future park site or
retention of open space in a development proposal. There are no incentives such
as are provided in the L.S.M.U. category. Land which is appropriately developed
under an "other mixed use" approach can be processed as a Special Activities
District (SAD), through a Planned Development approach (PRO, PCC, etc.),
through other specially created mixed use districts such as the Old School Square
Historic Arts District (aSS HAD), or through application of individual zoning districts
(part RM, part CF, part OS, etc.) with the boundaries of the zoning districts not
having to be congruent with the designation of the Future Land Use Map, provided
that the Local Planning Agency finds the development to be compatible with
adjoining properties.
Specially created mixed use districts such as the Old School Square Historic Arts
District shall be created through the addition of a zone district to the City's Land
Development Regulations. Special Activities Districts zone districts shall be
created through the adoption of a zoning ordinance. Such districts and zoning
ordinance (SAD's) shall provide specific guidelines for the implementation of this
mixed use district, including the land use types allowed, their densities or
intensities, the relative proportion (percentage) of each land use type within
flexible ranges, and compatibility requirements. Densities and intensities
appropriate to each type of land use (residential and nonresidential) must be
included.
( 1 )
Existing zoning regulations shall establish the land use types allowed, their
intensities and densities, the relative proportion of each land use and compatibility
for other mixed use's created through the application of individual zoning districts.
However, the specific boundaries of the existing zoning districts need not be
adhered to in the development and approval of a site and development plan.
Assurance that these items are addressed will be through the standards for site
plan actions, Section 3.3.3 of the City's Land Development Regulations.
Redevelopment Areas: This designation is applied to those areas which have
been identified in the Future Land Use Element as being in need of
redevelopment. Development shall occur pursuant to a specific "redevelopment
plan" which is to be prepared pursuant to Objective C-2 of the Future Land Use
Element. If a development proposal is presented to the City prior to the creation
and adoption of a redevelopment plan, that proposal shall be handled in one of the
following ways:
o the application shall be placed on hold for not more than six months while the
redevelopment plan is prepared;
o the application shall be processed on a case-by-case basis with the existing
zoning map, the Future Land Use Element, and the Housing Element providing
the Local Planning Agency with the policy guidance needed to properly dispose
of the application.
(Note: A description of each of the redevelopment areas is contained within
Objective C-2 of the Future Land Use Element.)
Change:
REVISION
MIXED USE CATEGORIES: There are two types of mixed use land designations
on the Future Land Use Map.
Congress Avenue Mixed Use: This desiqnation is applied to properties in the
Conqress Avenue Corridor bounded bv West Atlantic Avenue on the north, the C-
15 Canal to the south, 1-95 transportation corridor on the east and qenerallv
Conqress Avenue on the west toqether with the Conqress Park, Conqress Park
South, and the Office Depot complex located iust west of Conqress Avenue. The
Mixed Use desiqnation accommodates a variety of uses includinq limited
commercial, office development and residential uses onlv in coniunction with a
non-residential use (Le. mixed use development). The primarv function of the
district is to attract Class A office development while allowinq limited residential
development (includinq workforce housinq) and support commercial uses.
Upon establishment of the Conqress Avenue Mixed Use (CMU) district, the Citv
shall create a zoninq district that permits mixed use development. Residential
development at a maximum densitv of up to 50 units per acre within 2,500 linear
feet of the Tri Rail Station, and 40 units per acre for the balance of the corridor will
be allowed. Residential use mav comprise up to 75% of total floor area within
(2)
2,500 feet of the Tri Rail Station and 70% for the balance of the corridor. The
maximum FAR for residential uses is 2.0. The mixed use cateQorv will also allow
commercial and office development at a maximum FAR of 1.0. The commercial
uses are limited to 25% of the total floor area.
Other Mixed Use: There is not a designation for this category. However, such
areas are generally noted by the more general boundaries of the land use
designations. An example would be the accommodation of a future park site or
retention of open space in a development proposal. There are no incentives such
as are provided in the L.S.M.U. category. Land which is appropriately developed
under an "other mixed use" approach can be processed as a Special Activities
District (SAD), through a Planned Development approach (PRO, PCC, etc.),
through other specially created mixed use districts such as the Old School Square
Historic Arts District {aSS HAD), or through application of individual zoning districts
(part RM, part CF, part OS, etc.) with the boundaries of the zoning districts not
having to be congruent with the designation of the Future Land Use Map, provided
that the Local Planning Agency finds the development to be compatible with
adjoining properties.
Specially created mixed use districts such as the Old School Square Historic Arts
District shall be created through the addition of a zone district to the City's Land
Development Regulations. Special Activities Districts zone districts shall be
created through the adoption of a zoning ordinance. Such districts and zoning
ordinance (SAD's) shall provide specific guidelines for the implementation of this
mixed use district, including the land use types allowed, their densities or
intensities, the relative proportion (percentage) of each land use type within
flexible ranges, and compatibility requirements. Densities and intensities
appropriate to each type of land use (residential and nonresidential) must be
included.
Existing zoning regulations shall establish the land use types allowed, their
intensities and densities, the relative proportion of each land use and compatibility
for other mixed use's created through the application of individual zoning districts.
However, the specific boundaries of the existing zoning districts need not be
adhered to in the development and approval of a site and development plan.
Assurance that these items are addressed will be through the standards for site
plan actions, Section 3.3.3 of the City's Land Development Regulations.
Redo'.'elopmont Areas: This design3tion is 3pplied to those 3ro3S 'Nhich h3ve
been identified in the Future Land Use Element 3S being in need of
redevelopment. Development shall occur pursuant to 3 specific "rodevelopment
plan" which is to bo prop3rod pursuant to Objecti'.'e C 2 of the Future Land Use
Element. If a development propos31 is presented to the City prior to the cre3tion
and adoption of 3 redevelopment pl3n, th3t proposal shall be h3ndled in one of the
follmving ways:
a the application shall be placed on hold for not more than six months 'Nhile the
redevelopment plan is prep3red;
( 3)
a the 3pplication shall be processed on a case by case basis with the existing
zoning map, the Future Land Use Element, and the Housing Element providing
the Local Planning Agency with the policy guidance needed to properly dispose
of tho applic3tion.
(Note: A description of each of the rede'.'elopment areas is cont3ined '.....ithin
Objective C 2 of the Future Land Use Element.)
Comment: This revision is being made to support the addition of a new mixed-use
designation within the Congress Avenue Corridor. The new designation permits
Commercial, Office and Residential Development. If residential development is
included within a project's development mix, 20% of the units must be Workforce
Housing. See Support Document #2 - Congress Avenue Corridor - FLUM
Amendment staff report.
The Redevelopment Area designation was meant to serve as a holding category
until a Redevelopment Plan could be completed and permanent designations
assigned. Since the last Redevelopment Plan was completed in 2005 and
permanent Future Land Use designations have now been assigned to all six
Redevelopment Areas, this designation is no longer needed.
2) location: Future land Use Element - Pg. Fl-46, Table l-7, land Use
Designation/Zoning Matrix
See existing table attached as Support Document #5
Change:
REVISION
Comment: This revision is being made to add the new "Congress Avenue Mixed
Use" designation to the Matrix. The table has also been revised to eliminate the
"Redevelopment Areas" FLUM designation and the RT zoning district, both of
which no longer exist. See revised table attached as Support Document #6.
3) location: Future land Use Element - Pg. Fl- 27, Policy A-7.2 (Workforce
Housing)
Policy A-7.2 Workforce Housing Overlay Districts shall be identified on the Future
Land Use Map. The maximum density within these districts shall be as follows:
. The Southwest Neighborhood and Carver Estates Overlay Districts shall
have a maximum density of 24 units per acre.
. The SW 10th Street Overlay District shall have a maximum density of 12
units per acre.
. All other Overlay Districts shall have a maximum density of 18 units per
acre.
( 4)
Change:
REVISION
Policy A-7.2 Workforce Housing ZoninQ Districts and/or Overlay Districts shall be
identified on the Future Land Use Map. The maximum density within these districts
shall be as follows:
. The MROC (Mixed Residential Office Commercial) zoninQ district shall have
a maximum densitv of 40 units per acre except within the Tri-rail Station
Overlav where the maximum density is 50 units per acre.
. The Southwest Neighborhood and Carver Estates Overlay Districts shall
have a maximum density of 24 units per acre.
. The 1-95/CSX RR Corridor Overlav District shall have a maximum of 24
units per acre.
. The SW 10th Street Overlay District shall have a maximum density of 12
units per acre.
. All other Overlay Districts shall have a maximum density of 18 units per
acre.
Comment: This revision is being made to support the addition of a new mixed-
use designation within the Congress Avenue Corridor. A new mixed-use zoning
district, MROC (Mixed Residential Office Commercial), is being created to
encompass the entire area within this FLUM designation. The MROC zoning
district will permit a mix of Commercial, Office and Residential Development. If
residential development is included within a project's development mix, a minimum
of 20% of the units must be workforce housing. To support transit-oriented
development around the Tri-rail station, an overlay area is being created to include
properties within 2,500 feet of the station. Residential development within this
overlay area will be allowed at allow higher densities than elsewhere within the
zoning district.
The revised text also includes language to support the privately initiated Depot
Road text amendment to create an overlay district within the Commerce FLUM
Designation. A maximum of 24 units per acre is being proposed within the
1-95/CSX RR Corridor Overlay District with the requirement that a minimum of 25%
of the units must be workforce housing.
4) Location: Future Land Use Element - Pg. FL-26 to 27, Policy A-7.4
(Workforce Housing)
Policy A-7.4 All Workforce Housing Units, constructed under the
Family/Workforce Housing Program, shall remain affordable for a period of no less
than thirty (30) years commencing from the date of initial occupancy of the unit.
Change: REVISION
Policy A-7.4 All Workforce Housing Units, constructed under the
Family/Workforce Housing Program, shall remain affordable for a period of no less
than thirty (30) fortv (40) years commencing from the date of initial occupancy of
the unit.
( 5)
Comment: This reVISion is being made to reflect modifications made to the
Family/Workforce Housing Program in April, 2006.
PRIVA TEL Y INITIA TED TEXT CHANGES:
5) location: Future land Use Element - Pg. Fl-26 to 27, Policy A-2.4
(Automobile Dealerships)
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:
1) Auto related uses other than gasoline stations, wash establishments, and auto
parts sales, shall not be permitted in the area encompassed by the CBD zone
district.
2) Automobile dealerships shall not locate and/or expand in the following areas:
o Within the CBD zone district;
o West side of Southbound Federal Highway between George Bush
Boulevard and S.E. 10th Street;
o East side of Federal Highway, between George Bush Boulevard and the
north property line of the Delray Swap Shop/Flea Market Property;
o On properties fronting George Bush Boulevard, east of Federal Highway.
However, on the east side of Federal Highway, south of N.E. 6th Street, an
existing dealership may expand onto adjacent property which has an auto
sales use and which is zoned AC.
3) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships
shall not be permitted west of 1-95.
4) Automobile dealerships shall be directed to the following areas:
o North of George Bush Boulevard, between Federal and Dixie Highways;
o East side of Federal Highway north of the north property line of the Delray
Swap Shop/Flea Market;
o South of Linton Boulevard, between Federal and Dixie Highways;
o Between the one-way pairs (Federal Highway), from S.E. 4th Street to S.E.
10th Street; and from N.E. 5th Street to George Bush Boulevard;
( 6 )
o On the north side of Linton Boulevard, between 1-95 and S.W. 10th Avenue,
and along Wallace Drive.
5) Auto related uses which involve the servicing and repair of vehicles, other than
as part of a full service dealership, shall be directed to industrial/commerce
areas.
Change:
REVISION
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:
1) Auto related uses other than gasoline stations, wash establishments, and auto
parts sales, shall not be permitted in the area encompassed by the CBD zone
district.
2) Automobile dealerships shall not locate and/or expand in the following areas:
o Within the CBD zone district;
o West side of Southbound Federal Highway between George Bush
Boulevard and S.E. 10th Street;
o East side of Federal Highway, between George Bush Boulevard and the
north property line of the Delray Swap Shop/Flea Market Property;
o On properties fronting George Bush Boulevard, east of Federal Highway.
However, on the east side of Federal Highway, south of N.E. 6th Street, an
existing dealership may expand onto adjacent property which has an auto
sales use and which is zoned .^,C.
3) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships
shall not be permitted west of 1-95.
4) Automobile dealerships shall be directed to the following areas:
o North of George Bush Boulevard, between Federal and Dixie Highways;
o East side of Federal Highway north of the north property line of the Delray
Swap Shop/Flea Market;
o South of Linton Boulevard, between Federal and Dixie Highways;
o Between the one-way pairs (Federal Highway), from S.E. 4th Street to S.E.
10th Street; and from N.E. 5th Stroet to George Bush Boulovard;
( 7)
o On the north side of Linton Boulevard, between 1-95 and S.W. 10th Avenue,
and along Wallace Drive.
5) Auto related uses which involve the servicing and repair of vehicles, other than
as part of a full service dealership, shall be directed to industrial/commerce
areas.
Comment: This reVISion is being made in concert with the proposed FLUM
amendment for the North Federal Highway Area, which includes the privately
initiated O. C. Taylor Dealership property. Pursuant to Parts 1 and 2 of this policy,
automobile dealerships are not permitted within the CBD zoning district. Since this
area is proposed to be rezoned to CBD, the modifications are necessary to
eliminate the conflict.
6) location: Future land Use Element - Pg. Fl-43, Description of the
Commerce FlUM designation.
Commerce: This designation is applied to property which is developed, or is to be
developed, in such a manner as to accommodate a mix of industrial, service, and
commercial uses. This may be done either through development of existing
parcels or through a planned concept.
Change:
REVISION
Commerce: This designation is applied to property which is developed, or is to be
developed, in such a manner as to accommodate a mix of industrial, service, and
commercial uses. This may be done either through development of existing
parcels or through a planned concept. Residential development mav also be
permitted provided that such development is within a desiqnated workforce
housinq overlav district that allows such use and anv residential development
meets the criteria of the Citv of Delrav Beach Workforce Housinq Ordinance.
Areas with this desiqnation, located within a workforce housinq overlav district,
mav be developed up to a maximum of 24 units per acre, provided at least 25% of
the units are workforce housinq units.
Comment: This text amendment is in concert with the Depot Road Property
Future Land Use Map Amendment. The Applicant is proposing a mixed-use
development with 52,284 square feet of office area, 49,600 square feet of
warehouse, and 250-300 multifamily/rental apartments units on the subject
property. Twenty-five percent of the residential units will be workforce housing.
Depot Road is the only access to the property, located between the CSX Railway
and Interstate 95. Noise from these transportation corridors, adjacent industrial
development, and shared access with the proposed office and warehouse uses on
the property make this location inappropriate for residential development. Existing
and potential uses permitted within the adjacent MIC zoning district are not
compatible with residential development. For these reasons, staff does not support
( 8 )
this amendment. Also see Support Document #4 - Depot Road Property - FLUM
Amendment and Rezoning staff report.
AMENDMENTS TO THE FUTURE LAND USE MAP
CITY INITIA TED FUTURE LAND USE MAP AMENDMENTS:
. Future Land Use Map amendment for approximately 20 acres, expanding the
boundaries of the privately initiated Future Land Use Map amendment for the
O. C. Taylor Dealership property to include the remaining area between NE 4th
Street and George Bush Boulevard, extending from the FEC Railroad to
approximately % block east of NE 6th Avenue. The current designation is GC
(General Commercial) and the proposed designation is CC (Commercial Core).
See Support Document #1 - North Federal Highway Area - FLUM Amendment
and Rezoning staff report.
. Future Land Use Map amendment for approximately 225.5 acres to create a
new CMU (Congress Avenue Mixed Use) Land Use designation along the
Congress Avenue corridor, between Atlantic Avenue and the South City limits.
The current FLUM designations include CMR (Commerce), TRN (Transitional),
GC (General Commercial) and CF (Community Facilities).
See Support Document #2 - Congress Avenue Corridor - FLUM Amendment
staff report.
. Future Land Use Map amendment to assign City Future Land Use Map
designations concurrently with the annexation of approximately 3.2 acres of
property located west of Barwick Road, north of the L-31 Canal. The current
County Land Use Map designation is MR-5 (Medium Density Residential, 5
units per acre) and the proposed City designation is MD (Residential Medium
Density 5-12 du/ac).
See Support Document #3 - Bexley Park Area - Annexation, FLUM
Amendment and Rezoning staff report.
PRIVA TEL Y INITIA TED FUTURE LAND USE MAP AMENDMENTS:
. Future Land Use Map amendment for the O. C. Taylor Dealership property,
containing approximately 3.2 acres, located south of George Bush Boulevard,
between the NE 5th and NE 6th Avenues (Federal Highway one-way pairs)
and east of NE 6th Avenue from GC (General Commercial) to CC (Commercial
Core ).
See Support Document #1 - North Federal Highway Area - FLUM Amendment
and Rezoning staff report.
( 9 )
. Future Land Use Map amendment for approximately 8.8 acres, located on
Depot Road, east of the CSX Railroad from IND (Industrial) to CMR
(Commerce).
See Support Document #4 - Depot Road Property - FLUM Amendment and
Rezoning staff report.
s:\planning & zoning\longrange\comp\amend 06-1 \transmittal\06-1 maindoc city cormnission xmit.doc
( 10)
CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #1
North Federal Highway Area, including O. C. Taylor
FLUM Amendment & Rezoning Staff Report
SDI1
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
July 17, 2006
IV.B.2.a
Privately And City Initiated Future Land Use Map (FLUM) Amendment From
GC (General Commercial) To CC (Commercial Core) And Rezoning From
AC (Automotive Commercial) In Part And GC (General Commercial) In Part
To CBD (Central Business District) For Property Generally Located Between
NE 4th Street And George Bush Boulevard And Extending From The FEC
Railroad To Approximately % Block East Of NE 6th Avenue.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Applicant................................... New Urban Communities &
City of Delray Beach
Location...................................... Between NE 4th Street And
George Bush Boulevard And
Extending From The FEC
Railroad To Approximately Y:z
Block East Of NE 6th Avenue.
Property Size.............................. 23.20 Acres
Future Land Use Map................ GC (General Commercial)
Proposed FLUM........................ CC (Commercial Core)
Current Zoning............................ GC (General Commercial) &
AC (Automotive Commercial)
Proposed Zoning........................ CBD (Central Business
District)
Adjacent Zoning................North: GC (General Commercial)
East: RM (Multiple Family
Residential - Medium
Density) & CF (Community
Facilities)
. South: CBD
West: RO (Residential Office)
Existing Land Use...................... Commercial/Office/Auto-
mobile Repair and Sales
Proposed Land Use.................... A Development Proposal Has
Not Been Submitted.
Water Service........ ....... ........... ... Existing.
Sewer Service...................... ....... Existing.
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IV.B.2.a
The action before the Board is that of making a recommendation to the City
Commission on a privately and City initiated Future Land Use Map (FLUM) Amendment
from GC (General Commercial) to CC (Commercial Core) and rezoning from AC
(Automotive Commercial) in part and GC (General Commercial) in part to CBD (Central
Business District) for property generally located between NE 4th Street and George
Bush Boulevard and extending from the FEC Railroad to approximately % block east of
NE 6th Avenue.
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and
Zoning Board shall review and make a recommendation to the City Commission with
respect to FLUM and Rezoning Amendments for any property within the City.
The properties (see attached location map) associated with the privately and city
initiated FLUM and rezoning have a mixture of business and professional offices, retail,
automotive sales, and automotive repair uses and consist of 23.20 acres. The
applicant for the privately initiated portion proposes to redevelop the existing site of an
auto dealership. The City initiated portion of this action is to extend the area under
consideration to be contiguous with the CBD district
This Future Land Use Map Amendment is being processed pursuant to the twice a year
statutory limits for consideration of plan amendments (F.S. 163.3187) as part of
Comprehensive Plan Amendment 2006-01.
LOR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use
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, written
materials submitted by the applicant, 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 Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
Future Land Use Map: The resulting use of land or structures must be allowed in
the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land
Use Map.
The City has not received a development proposal for either the privately or City
initiated portions of the area. Therefore, compliance with the Future Land Use Map will
need to be considered on a case-by-case basis when individual development proposals
Planning and Zoning Board Staff Report
Privately and City Initiated FlUM Amendment and Rezoning - North Federal Highway
Page 2
are submitted within this area. It is noted that the applicant has indicated that a mixed-
use project is being considered for the O.C. Taylor property that will consist of 30,000
square feet of commercial floor area and 95 residential units on the 3.1885 acre parcel.
This development would have a density of 30 dwelling units per acre, which is
considered an allowed use in the CBO zoning district.
The remaining required findings of LOR Section 3.1.1, Concurrency, Comprehensive
Plan Consistency and Compliance with the Land Development Regulations are
discussed below.
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
(FLUM) must be based upon the findings listed below, and must be supported by
data and analysis that demonstrate compliance with these findings:
o Demonstrated Need -- That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
and FLUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, annexation into the municipal
boundaries, or similar circumstances. The need must be supported by data
and analysis verifying the changing demographics or other circumstances.
This requirement shall not apply to requests for the FLUM designations of
Conservation or Recreation and Open Space; nor shall it apply to FLUM
changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The subject property is located within the North Federal Highway Corridor, which is
designated as a blighted area per the Comprehensive Plan. Pursuant to the
Comprehensive Plan these areas shall receive special attention and assistance with
renewal. The North Federal Highway Redevelopment Plan indicates that the areas
south of George Bush Boulevard should be evaluated for a FLUM change to
Commercial Core and zoning change to CBO.
The proposed FLUM amendment will fulfill Future Land Use Element Policy C-1.4,
stated as follows:
Future Land Use Element Policy C-1.4 - (in summary) ...the North Federal Highway
Corridor is identified as a blighted area. The North Federal Highway Redevelopment
Plan was approved by the 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 following are the
objectives of the Plan:
. Improve the visual appearance of the corridor;
. Reduce and eliminate marginal and inappropriate land uses;
Planning and Zoning Board Staff Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 3
. Direct smaller business operations to more concentrated areas;
. Provide economic stimulation and investment in the area;
. Creation of jobs;
. Stabilize and preserve the residential neighborhoods through new development,
beautification, redevelopment, and the elimination of blight;
. Eliminate slum and blight through acquisition of properties.
The applicant of the privately initiated FLUM and rezoning has submitted the following
narrative in support of the proposed changes:
'7he adopted North Federal Highway Redevelopment Plan states the following with
regard to the Future Land Use and Zoning of the area, between N.E. 4th Street and
George Bush Boulevard: "that the City will continue to study the feasibility of changing
the existing commercial areas south of George Bush Boulevard, except existing auto
dealerships, from General Commercial to Commercial Core. As the downtown area
grows and develops, greater areas may be incorporated into the CBD. Given its
proximity to the downtown core, this area is a prime location for future redevelopment
projects. " With regard to the above exclusion of the auto dealerships, while the City
recognized the appropriateness of rezoning the area to CBD, it did not want to create
additional nonconforming situations which would ultimately contribute to the blight in the
area, as the ability to upgrade and enhance the properties would be significantly limited.
This would have occurred if the dealerships, zoned AC (Automotive Commercial), were
rezoned to CBD (Central Business District), as automotive sales and/or repairs are not
allowed within the CBD. However, it was not intended to prohibit privately-initiated
rezoning of the dealership properties. It is also noted the existing dealership will be
relocating from the site next year and many dealerships have been transitioning from
the Federal Highway corridor to the 1-95 corridor.
While the downtown area and the area north of George Bush Boulevard have seen
investment and redevelopment activity, the area south of George Bush Boulevard has
languished. The proposed Future Land Use Map amendment and rezoning will enable
the redevelopment of the existing automotive dealership to accommodate a mixed-use
project in an area that has been identified for expansion of the City's Central Business
District and serves as the gateway to downtown Delray Beach. The proposal will
provide economic stimulation and investment in the area and result in the
redevelopment of blighted properties. The proposed development will assist in the
stabilization of the surrounding neighborhood and should be an inducement to further
redevelopment of this section of Federal Highway, which has seen limited
redevelopment activity. Thus, the proposal is consistent with the objectives of the North
Federal Highway Redevelopment Plan."
The Planning Department has begun collecting and analyzing data as it pertains to the
area in question as directed. This area contains a concentration of automobile related
uses including full-service automotive dealerships, small free-standing paint, body and
repair shops, and surface parking with little or no landscaping. Many of the auto related
uses are nonconforming with respect to the use itself and/or development regulations.
These uses have a blighting influence on the area and over the years have been a
deterrent to revitalization and redevelopment in this area. Since the Walgreen's was
Planning and Zoning Board Staff Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 4
constructed in 1991, the only other redevelopment activity to occur has been the Publix
complex (completed in 2001). As this area serves as the gateway to the downtown,
special attention to this area is needed. The proposed FLUM amendment and rezoning
will facilitate the elimination of the inappropriate land uses and expedite redevelopment.
Since this Comprehensive Plan policy is furthered by the proposed FLUM amendment,
a positive finding can be made with respect to fulfilling a demonstrated need.
o Consistency -- The requested designation is consistent with the goals,
objectives and policies of the most recently adopted Comprehensive Plan.
As stated above, the proposal is consistent with the goals, objectives and policies of
the City's Comprehensive Plan as it relates to Future Land Use Element Policy C-
1.4. In addition to the above, the proposed amendment is consistent with following
applicable Goals, Objectives and Policies of the adopted Comprehensive Plan:
Future Land Use Element Objective A-2 To reduce, and eventually eliminate,
uses which are inconsistent with the character of the City of Delray Beach, or which
are inconsistent with predominant adjacent land uses, and to ensure compatibility of
future development. . ..
The proposed designation will promote the elimination of the existing auto
dealership and redevelopment of the properties which will be consistent with and
complementary to existing and future development envisioned for the area.
Future Land Use Element Policy A-1.2 - Zoning changes which would result in
strip commercial development shall be avoided. Where strip commercial
developments or zoning currently exists along an arterial street, consideration
should be given to increasing the depth of the commercial zoning in order to provide
for better project design.
The proposed rezoning to CBO will encourage the development of mixed use and
residential projects by increasing the allowed density.
Housina Element Policv 8-2.6 Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need. In order to
help stimulate demand for new housing in and around the Central Business District,
the development of new rental housing projects outside of the TCEA, N. Federal
Highway, and Lindell/Federal Highway area (formally Redevelopment area #6) is
discouraged.
The proposed FLUM amendment will facilitate redevelopment to accommodate
housing in close proximity to employment opportunities and services in the
downtown and along North Federal Highway.
o Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
Planning and Zoning Board Staff Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 5
The non-residential development potential of the subject properties are essentially
the same under both the GC and CC FLUM designations. The proposed zoning
change to CBD will result in a slight reduction in the intensity of development versus
the GC zoning district given the more restrictive setback requirement.
City facilities such as water, sewer, and drainage have sufficient capacity to
accommodate development of this area at the potential development intensity
allowed under the proposed CC FLUM designation. Similarly, solid waste can be
accommodated by existing County facilities. With regard to traffic, trips generated
under both the existing GC and proposed CC FLUM designations will accommodate
the same intensity. The residential density increase from 12 units per acre to a
maximum of 30 units per acre is exempt from Palm Beach County Traffic
Performance Standards Ordinance, given the properties are located east of 1-95.
The Open Space and Recreation Element of the Comprehensive Plan states 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
individual projects may have on the City's 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 residential unit. The School Concurrency
Application and Service Provider Form has been transmitted to the School District of
Palm Beach County. No problems are anticipated with obtaining a finding of
concurrency from the School District.
Thus, positive findings can be made at this time with regard to concurrency for all
services and facilities.
o Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The requested CC FLUM designation will be compatible with existing and future
land uses of the surrounding area and is an extension of the existing downtown
designations along the North Federal Highway corridor as was directed by the
Comprehensive Plan and the North Federal Highway Redevelopment Plan. As
previously stated the FLUM amendment and rezoning for these properties generally
involve the change in zoning from one commercial zoning designation to another
with the same commercial development potential. The additional residential density
will provide an incentive for redevelopment and ultimate revitalization of this area.
The proposal does not expand the commercial boundaries from those that currently
exist.
Based upon the above, the proposed FLUM amendment and Rezoning to CBD are
compatible with the existing and future land uses of the surrounding area, and a
positive finding with respect to compatibility can be made.
o Compliance -- Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations.
Planning and Zoning Board Staff Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 6
As noted previously, a development proposal has not been submitted with the
proposed FLUM and rezoning request. Future redevelopment of the land will occur
in accordance with the City's Land Development Regulations during the site plan
review process. Given the above, a positive finding with respect to compliance with
the Land Development Regulations can be made.
REQUIRED FINDINGS (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to 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, written
materials submitted by the applicant, 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 Future land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the land Development
Regulations.
Future land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysis" section of
this report. Compliance with the land Development Regulations with respect to
Standards for Rezoning Actions and Rezoning Findings are discussed below.
Section 3.2.2 (Standards for Rezoning Actions): Standards A, B, and E are not
applicable. The applicable performance standards of Section 3.2.2 are as
follows:
C) Zoning changes that would result in strip commercial development shall be
avoided. Where strip commercial zoning developments or zoning currently
exists along an arterial street, consideration should be given to increasing
the depth of the commercial zoning in order to provide for better project
design.
The proposed rezoning from GC to CBD would not create a situation that would
dictate the development of strip commercial development. The Downtown
Design Guidelines that apply to the CBD zoning district prevent the development
of strip commercial development by requiring that buildings be located toward
the front of a property and that parking areas would be located behind the
buildings.
(D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed;
or that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
Planning and Zoning Board Staff Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 7
The following zoning designations and uses border the area:
Direction
Zoninq
Uses
North
West
South
East
GC
RO (Residential Office)
CBD
RM & CF
Parking lot (under construction)
Residential and offices
Offices and retail
Residential & Commercial
The proposed rezoning is compatible with the adjacent land uses and consistent
with the development pattern along Federal Highway. Further, the CBD zoning
district contains development regulations that address the compatibility with less
intensive zoning districts.
Section 2.4.5(0)(5) (Rezonina Findinas):
Pursuant to Section 2.4.5(0)(5) (Findings), in addition to provisions of Chapter
Three, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the current
zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future land Use Map and that it is more appropriate for the property based
upon circumstances particular to the site and/or neighborhood.
As noted previously, the proposed modifications were suggested in the Comprehensive
Plan and North Federal Highway Redevelopment Plan. This area was designated as a
blighted area. The GC zoning district is of similar intensity as the CBD with respect to
commercial development. The increase in the residential density will encourage
redevelopment within the area and the revitalization of North Federal Highway.
However, the GC zoning designation has not been of sufficient density to stimulate the
desired redevelopment of this area. Therefore, a finding can be made the rezoning
fulfills subsections "b" and "c."
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the land Development Regulations shall specifically be
addressed by the body taking final action on the development proposal.
No formal development application has been submitted for the subject property.
Compliance with the Land Development Regulations will be reviewed when a
development is submitted. There are no problems anticipated with the ability to comply
with development standards regulations.
Planning and Zoning Board Staff Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 8
The property is not in an area that requires review by the DDA (Downtown Development
Authority).
Community Redevelopment Aaency (eRA):
The CRA reviewed the FLUM amendment and Zoning Map change at its meeting of
July 13, 2006 and recommended approval.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support or objection, if any, will be presented at the
Planning and Zoning Board meeting.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
. Neighborhood Advisory Council
. La Hacienda
. Progressive Residents Of Delray
Palm Trail
Presidents Council
The proposed amendments were anticipated by the Comprehensive Plan and North
Federal Highway Redevelopment Plan in order to stimulate redevelopment of this
blighted area. The proposed amendments will change the designations from one
commercial designation to another commercial designation. The increased intensity of
the residential density can be accommodated by the existing infrastructure. Positive
findings can be made with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required
Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive
findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings).
Therefore, the proposed FLUM amendment and Rezoning can be recommended for
approval based on the findings outlined in this report.
A. Postpone with direction.
B. Recommend to the City Commission approval of the FLUM Amendment and
Rezoning for the subject properties, 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 Future Land Use Element Policy A-1.7 of the Comprehensive
Planning and Zoning Board Staff Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 9
Plan (FLUM Amendment Findings), LOR Section 2.4.5.(0)(5) (Rezoning
Findings), LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards
for Rezoning Actions), and the Goals, Objectives, and Policies of the
Comprehensive Plan; or
C. Recommend denial of the FLUM Amendment and Rezoning by adopting the
findings of fact and law contained in the staff report, and finding that the request
is inconsistent with Future Land Use Element Policy A-1.7 of the Comprehensive
Plan (FLUM Amendment Findings), LOR Section 2.4.5(0)(5) (Rezoning
Findings), LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards
for Rezoning Actions) and the Goals, Objective, and Policies of the
Comprehensive Plan.
Recommend to the City Commission approval of the proposed FLUM Amendment from
GC (General Commercial) to CC (Commercial Core), and the Rezoning from GC
(General Commercial) and AC (Automotive Commercial) to CBO (Central Business
District), for properties located between NE 4th Street and George Bush Boulevard and
extending from the FEC Railroad to approximately % block east of NE 6th Avenue, by
adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with Future Land Use Element Policy A-1.7
of the Comprehensive Plan (FLUM Amendment Findings), LOR Section 2.4.5.(0)(5)
(Rezoning Findings), LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2
(Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the
Comprehensive Plan.
Attachments:
. Proposed Future Land Use Map
. Zoning Map
· Location Map
Report prepared by: Scott Pape. Senior Planner
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CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #2
Congress Avenue Corridor
FLUM Amendment Staff Report
SD#2
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
July 17, 2006
IV.B.2.b.
A City initiated Future land Use Map (FLUM) Amendment from CMR (Commerce), TRN
(Transitional), CF (Community Facilities) and GC (General Commercial) to CMU (Congress
Avenue Mixed Use) for properties generally located south of West Atlantic Avenue between
Congress Avenue and 1-95 south to the City limits including Office Depot, Congress Park,
and Congress Park South made up of 63 parcels totaling 225.50 acres.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Ownerl Applicant.........................
Agent......................................... .
Location.... .......... ....... ........ .........
Property Size...... ........................
Existing Future Land Use Map
Designations.............. ...... ......
City of Delray Beach
City of Delray Beach
Between Congress Avenue and
1-95 south to the City Limits
including the Office Depot,
Congress Park, and Congress
Park south sites.
225.50 aces,
CM R( Commerce), TRN(Transition
al} CF(Community Facilities}, and
GC (General Commercial)
Proposed City Future Land Use Map CMU (Congress Avenue Mixed
Designation......... ................ Use)
Existing City Zoning...............
Proposed City Zoning.................
Adjacent Zoning................North:
East:
South:
West:
Existing Land Use......................
Proposed Land Use....................
Water Service...... ........ ....... ........
Sewer Service.. ....... .... ... ........ .....
MIC (Mixed Industrial and
Commercial) CF (Community
Facilities) . PC (Planned
Commercial) , PCC (Planned
Commerce Center) and POC
(Planned Office Center)
No Change at this time
City MIC (Mixed Industrial and
Commercial) and GC (General
Commercial)
CD(Conservation District and 1-95
Boca - Mixed Use District
OSR (Open Space and
Recreational), OS (Open Space)
and RM (Residential Medium
Density) and R-1 A ( Highlands
Subdivision)
Office and Commercial corridor.
Mixed use including office,
commercial and residential.
Water service is available from
various mains in the corridor
Sewer service is available from
various mains in the corridor
IV.B.2.b.
The action before the Board is that of making a recommendation to the City Commission on the
following Future Land Use Map Amendments from CMR (Commerce), TRN (Transitional)
CF (Community Facilities) and GC (General Commercial) to CMU (Congress Avenue Mixed Use
district) for properties generally located south of West Atlantic Avenue between Congress
Avenue and 1-95 south to the City Limits including the Office Depot, Congress Park, and
Congress Park South office complexes. The Future Land Use Map Amendments involve 63
parcels totaling approximately 225.50 acres.
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning
Board shall review and make a recommendation to the City Commission with respect to FLUM
Amendments of any property within the City.
The proposal involves 63 parcels, which are located within the Congress Avenue corridor
development area. Some of the lots are vacant while others contain general office uses,
governmental office uses, industrial type uses, and commercial uses.
A City-initiated Comprehensive Plan amendment establishing the Congress Avenue Mixed Use
Land Use category is being processed concurrently. The amendment creates the new mixed
use land use category which encourages mixed use, and identifies and establishes maximum
thresholds for each type of use.
The primary function of the category is to attract Class A office development and to that end
100% of the site designated mixed use can be developed with office and research and
development type uses. General retail uses including direct support services and other retail
uses would be limited to 25% of the overall building square footage. Multifamily development
up to a maximum density of 40 units per acre, and 50 units per acre within 2500 feet of the Tri
Rail station are proposed. These would be limited to a maximum of 70% and 75% of building
square footage respectfully. A minimum of 20% of these residential units are to be workforce
housing units, are to moderately priced units, and are subject to LOR Section 4.7.. Buildings
heights of a maximum of 85 feet in height are allowed. All floors above 60 feet are required to
have facades offset and varied.
This mixed use Future Land Use Map designation is being applied to properties bounded by
West Atlantic Avenue on the north, the C-15 canal to the south, 1-95 transportation corridor on
the east and generally Congress Avenue on the west together with the Congress Park,
Congress Park South and the Office Depot complexes, located just west of Congress Avenue.
Concurrently a mixed use zoning category is being created and will be applied to the properties
in the upcoming months.
This Future Land Use Map Amendment is being processed pursuant to the twice a year
statutory limits for consideration of plan amendments (F.S. 163.3187) as part of the City's
Comprehensive Plan Amendment 2006-01.
Planning and Zoning Board Staff Report - July 17. 2006
Congress Avenue Properties - CMU FLUM Amendment
REQUIRED FINDINGS:
lOR (CHAPTER 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of land Use
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, written materials
submitted by the applicant, 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 Future land Use Map, Concurrency, Comprehensive Plan
Consistency, and Compliance with the land Development Regulations.
Future land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent with
the applicable land use designation as shown on the Future land Use Map.
A new zoning district is being created which will be consistent with the mixed use category as
well as policies of the Comprehensive Plan which call for the creation of an overlay district for
the Congress Avenue Corridor to facilitate and encourage development of Class A Corporate
office space. The amendments also implement Comprehensive Plan Land Use Element and
Housing Element policies which encourage provision of diverse housing opportunities Le.
workforce housing, and transit orientated housing through innovative development practices.
The amendments also implement the adopted Florida Public Officials Design Institutes report
recommendations to establish a corridor overlay district to encourage mixed use development
with commercial or office on the ground floor and residential above utilizing new urbanism
design elements.
The proposed FLUM amendment will assign a Future Land Use Map designation of CMU
(Congress Avenue Mixed Use) to properties in the corridor. A proposed new zoning district
MROC (Mixed Residential, Office and Commercial) District will be created consistent with the
CMU land use designation.
Based upon the above, a positive finding with respect to Future Land Use Map consistency can
be made. The remaining required findings of LDR Section 3.1.1, Concurrency,
Comprehensive Plan Consistency and Compliance with the land Development
Regulations are discussed below.
Future land Use Element Policy A-1.7: Amendments to the Future land Use Map (FlUM)
must be based upon the findings listed below, and must be supported by data and
analysis that demonstrate compliance with these findings:
o Demonstrated Need -- That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FlUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need must
be supported by data and analysis verifying the changing demographics or other
circumstances. This requirement shall not apply to requests for the FlUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FlUM changes associated with annexations when the City's advisory FlUM
designation is being applied, or when the requested designation is of a similar
2
Planning and Zoning Board Staff Report - July 17,2006
Congress Avenue Properties - CMU FLUM Amendment
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FlUM amendments.
This amendment furthers the polices in the Comprehensive Plan which call for the creation of an
overlay district for the Congress Avenue Corridor to facilitate and encourage development of
Class A Corporate office space (Future land Use Element Policy A1.9). The amendment
also implements Comprehensive Plan Future land Use Element Objective A-5 which
encourage creation of mixed use developments and Housing Element policies that encourage
providing diverse housing opportunities i.e. workforce housing, and transit orientated housing
through innovative development practices.
Future land Use Element Obiective A-5 The City shall maintain its land Development
Regulations, which shall be regularly reviewed and updated, to provide streamlining
of processes and to accommodate planned unit developments (PUD), mixed-use
developments, and other innovative development practices.
This amendment involves the application of a newly created mixed use category which
promotes a mixed of office, support commercial, and a diversity of housing within the
Congress Avenue corridor.
Future land Use Element Policy A-1.9 The City shall create an overlay district for the
Congress Avenue Corridor and the land Development Regulations shall be modified
to facilitate and encourage the development of Class A corporate offices within the
district.
While this is not an overlay district it accomplishes the same goals i.e. introducing mixed use
development potential to the corridor. The creation of a mixed use land use map category is a
much cleaner way to achieve this goal.
Future land Use Element Obiective A-7 To encourage the provision of workforce
housing in the City, the following policies shall be implemented.
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:
The introduction of housing options to this corridor presents a great option to provide a variety
of housing types with an emphasis on workforce and transit oriented housing.
This amendment also implements the aClopted Florida Public Officials Design Institutes report
recommendations to establish a corridor overlay district to encourage mixed use development
with commercial or office on the ground floor and residential above utilizing new urbanism
design elements.
o Consistency -- The requested designation is consistent with the goals, objectives
and policies of the most recently adopted Comprehensive Plan.
As noted above it is not only consistent with, but directly implements certain policies.
The following additional applicable Comprehensive Plan objective and policy is noted:
3
Planning and Zoning Board Staff Report - July 17, 2006
Congress Avenue Properties - CMU FLUM Amendment
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 in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject properties contain general office uses, governmental office uses, industrial type
uses, commercial uses and vacant land. Redevelopment of these properties will occur in a
manner which is compatible with the prevailing commercial corridor. Redevelopment will also
fulfill remaining land use needs Le. Class A office space along with a diversity of housing
including a transit orientated and workforce housing component. This redevelopment will also
support development of mix of commercial and research and development type uses which are
identified within the Comprehensive plan as the most needed in the City as we approach build
out (Future Land Use Element Policy A1.3).
o Concurrency -- Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposaJ involves amending the FLUM designation from CMR (Commerce), TRN
(Transitional) CF (Community Facilities) and GC (General Commercial) to CMU (Congress
Avenue Mixed Use district) on parcels, which total approximately 225 acres. The proposed
FLUM Amendment will result in an increased impact on adopted concurrency standards.
Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic and
Water and Sewer are discussed below:
Water and Sewer: Water and Sewer service is available to all properties in the corridor many
from existing mains. With any development of these parcels, installation of water and sewer
mains, fire hydrants, and drainage improvements must be accommodated. The location of these
improvements will depend upon site design layout of any proposed development(s).
The proposed FLUM Amendment to CMU will increase the demand on these public services;
however, adequate capacity exists to accommodate the proposal. Pursuant to the
Comprehensive Plan adequate water and sewer treatment capacity exists to meet the adopted
level of service standards at the City's build-out. Thus, a positive finding with respect to this
level of service standard can be made.
Traffic: Congress Avenue is classified as a County Principal Arterial Road. Congress Avenue
currently operates at Level of Service "8" from West Atlantic Avenue to the C-15 canal. With
individual developments a traffic study will be required and traffic concurrency must be met.
The City has requested a traffic study based upon the maximum potential density permitted for
each and every parcel within the proposed CMU designation. While the maximum development
of every parcel would appear improbable the information will be provided to DCA upon receipt.
Drainaae: Any development of the site will be required to retain drainage on-site in compliance
with South Florida Water Management District (SFWMD) requirements. There are no problems
anticipated complying with SFWMD requirements.
Parks and Recreation: The Open Space and Recreation Element of the Comprehensive Plan
indicate 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 individual
projects may have on the City's recreational facilities. Pursuant to Land Development
Regulations (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 residential unit.
4
Planning and Zoning Board Staff Report - July 17, 2006
Congress Avenue Properties - CMU FLUM Amendment
Schools: A finding of School Concurrency will be required from the School District of Palm
Beach County with future residential development within the .corridor. No concerns are noted at
this time.
Solid Waste. The Solid Waste Authority has indicated that its facilities have sufficient capacity to
handle all development proposals till the year 2021, thus a positive finding with respect to this
level of service standard can be made.
Thus, positive findings can be made at this time with regard to concurrency for all services and
facilities.
o Compatibility -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
The mixed use corridor currently contains a mix of commercial, industrial, and office uses. To
the east the corridor abuts Interstate 95, to the north and south other commercial! office uses
within the City of Delray and Boca Raton, ands to the west by a mix of open space (Golf Course
and Delray Oaks preserve) and medium density housing. The related zoning district which will
be applied to this land use category will promote Class A office and additional residential
development. The introduction of these uses will be more compatible than the uses currently
allowed. Internal compatibility between the mix of uses will be addressed through the master
plan process required in the new zoning district. Based upon the above, the proposed FLUM
designation is compatible with the existing and future land uses of the surrounding area, and a
positive finding with respect to compatibility can be made.
o Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
All future development within the mixed use corridor shall comply with the provisions and
requirements of the Land Development Regulations. Compliance with the Land Development
Regulations will be further addressed with review of the masterplan and site plan required by
the new zoning district regulations.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
Neighborhood Advisory Council
PROD
Presidents Council
Delray Oaks
Sabal Pines East
Crosswinds
Andover
Oakmont
Sabal Pines South
Public Notice:
Formal public notice has been provided to the affected property owners as well as property
owners within a 500' radius of the subject property. Letters of support and objection, if any, will
be presented at the Planning and Zoning Board meeting.
5
Planning and Zoning Board Staff Report - July 17, 2006
Congress Avenue Properties - CMU FLUM Amendment
This amendment furthers the polices in the Comprehensive Plan which call for the creation of an
overlay district for the Congress Avenue Corridor to facilitate and encourage development of
Class A Corporate office space (Future Land Use Element Policy A1.9). The amendment
also implements Comprehensive Plan Future Land Use Element Objective A-5 which
encourage creation of mixed use developments and Housing Element policies that encourage
providing diverse housing opportunities Le. workforce housing, and transit orientated housing
through innovative development practices. The amendments also implement the adopted
Florida Public Officials Design Institutes report recommendations to establish a corridor overlay
district to encourage mixed use development with commercial or office on the ground floor and
residential above utilizing new urbanism design elements.
A. Postpone with direction.
B. Move to recommend to the City Commission approval of the proposed FLUM Amendments
from CMR (Commerce), TRN (Transitional), CF (Community Facilities) and GC (General
Commercial) to CMU (Congress Avenue Mixed Use District) for properties generally
located south of West Atlantic Avenue between Congress Avenue and 1-95 south to the
City Limits including the Office Depot, Congress Park, and Congress Park South office
complexes by adopting the findings of fact and law contained in the staff report, and finding
that the requests are consistent with the Goals, Objectives and Policies of the
Comprehensive Plan.
C. Move to recommend to the City Commission denial of the proposed FLUM Amendments
from CMR (Commerce), TRN (Transitional), CF (Community Facilities) and GC (General
Commercial) to CMU (Congress Avenue Mixed Use district) for properties generally located
south of West Atlantic Avenue between Congress Avenue and 1-95 south to the City Limits
including the Office Depot, Congress Park, and Congress Park South office complexes by
adopting the findings of fact and law contained in the staff report, and finding that the
requests are inconsistent with the Goals, Objectives and Policies of the Comprehensive
Plan.
Move to recommend to the City Commission approval of the proposed FLUM Amendments from
CMR (Commerce), TRN (Transitional), CF (Community Facilities) and GC (General
Commercial) to CMU (Congress Avenue Mixed Use district) for properties generally located
south of West Atlantic Avenue between Congress Avenue and 1-95 south to the City Limits
including the Office Depot, Congress Park, and Congress Park South office complexes by
adopting the findings of fact and law contained in the staff report, and finding that the requests
are consistent with the Goals, Objectives and Policies of the Comprehensive Plan.
Attachments:
Proposed Future Land Use Map
s:\planning & zoning\boards\p&z board\cogressmixeduseflum.doc
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rx'X'I PROPOSED FUTURE LAND USE MAP DESIGNATION
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CITY Of" DELRA Y BEACH, FL
PLANNING'" ZONING DEPARl\fENT
-- DIGITAL BASE MAP SYSTE:M --
MAP REF: LM952A
CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #3
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Annexation, FLUM Amendment and Rezoning Staff Report
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FUTURE LAND USE MAP AMENDMENT
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PLANNING'" ZONING DEPARTMENT
mI PROPOSED FUTVRE LAND USE MAP DESIGNATION: MD (MEDIUM DENSITY RESIDENTIAL 5-12 DUlAC)
-- DIGITAL BASE MAP SYSTEM --
IAAP REF: LM836C
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
June 17, 2006
IV.B.
A City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5 (Medium
Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density
5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium
Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City) located on the south side of
133rd Road S, 60' west Barwick Road; and a City initiated Annexation (via Interlocal
Agreement Ordinance between Palm Beach County and the City of Delray Beach), Future
land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm
Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) in part and LD (low
Density 0-5 du/ac) in part and rezoning from AR (Agricultural Residential) to RM-8
(Residential Medium Density 0-8 du/ac) in part and R-1-AAA (Single Family Residential) in
part, for two (2) Enclaves containing four parcels and a total of 9.79 acres of land located on
the west side of Barwick Road approximately 1,400' north of lake Ida Road (see table
below).
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Ownerl Applicant.........................
Agent......................................... .
location..................................... .
Property Size..............................
Existing County Future land Use
Map Designation ........................
City of Delray Beach.
City of Delray Beach.
approximately 1 ,400' north of Lake
Ida Road and to the west of
Barwick Road.
12.97 Acres, (3.18 voluntary
annexation and 9.79 via interlocal
agreement).
MR-5 (Medium Residential 0-5
du/ac)
Proposed City Future land Use Map
Designation........................ .
Existing County Zoning...............
Proposed City Zoning.................
Adjacent Zoning................North:
East:
South:
West:
Existing land Use......................
Proposed land Use....................
Water Service.... ............... .... ......
Sewer Service........ .... ..... ............
lD in part, and MD in part.
AR (Agricultural Residential)
R-1-AAA in part, and RM-8 in part
City PRD (Planned Plan
Residential Development)
PRD (Planned Residential
Development), Sabal lakes
Multiple Family Residential -
Medium Density (RM)
Open Space and Recreational
(OSR), Bexley Park
Two single family homes lone
single family home with landscape
nursery and vacant.
Existing uses/ no development
plans for vacant parcels.
Water service is available for
single family homes along Barwick
Road; extensions required to
provide service to other parcels
Sewer service is available for
single family homes along Barwick
Road; extensions required to
provide service to other parcels.
LAKE IDA ROAD
.DTIIIllJ
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IV.B.
The action before the Board is that of making a recommendation to the City Commission on
the following items:
. A City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5
(Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD
(Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8
(Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City)
located on the south side of 133rd Road S, 60' west Barwick Road approximately 1,400'
north of Lake Ida Road (see table below, PCN 42-46-12-00-000-3200).
· A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach
County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from
MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to
MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning
from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in
part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing
four parcels and a total of 9.79 acres of land located on the west side of Barwick Road
approximately 1,400' north of Lake Ida Road (see table below).
Enclave 1
enslty
Parcel 2 424612000003202 3.03 RM-8
Enclave 2
Parcel 3 424612000003024 5.00 RM-8
Parcel 4 424612000003141 0.88 R-1-AAA
parcel 5 424612000003190 0.88 R-1-AAA
Sub-Total 9.79
Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall rev.iew and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
The subject property consists of a City owned parcel measuring 3.18 acres of land which is
located along the south side of 133rd Road S, and 9.79 acres of land making up two enclaves
which contains 4 parcels. The first enclave contains 3.03 acres located west of the City owned
parcel and the second enclave contains two parcels measuring 1.76 acres and located on the
west side of Barwick road; the other parcel measures 5.0 acres and is immediately to west of
these parcels on the south side of 133rd Road S (see attached map).
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 2
Parcel 1 (City Owned)
Sub-Total
Enclave 1
Parcel 2
Enclave 2
Parcel 3
Parcel 4
parcel 5
424612000003202
1
424612000003024
424612000003141
424612000003190
1
1
1
4
5.00
0.88
0.88
9.79
2
1
1
3
Sub-Total
The property is bound to the south by the LWDD L-31 Canal and the Country Manors
Condominium development. To the west is a public park Bexley Park and to the east is
Barwick Road and Saba I Lakes Residential Development; and to the north is the 25' right-of-
way of 133rd Road S, the Bexley Park planned residential development, and Barwick Ranch
Subdivision. The access to these parcels is currently via 133rd Road S and from Barwick Road
itself.
The subject property is under the jurisdiction of Palm Beach County but in a designated
annexation area for the City of Delray Beach. The property is located in the City's Planning
Area, known as Annexation Area "E" (the North Military Trail Area), as noted in the Future
Land Use Element Policy B-3.5 of the Comprehensive Plan. The City has an advisory land
use designation of LD (Low Density Residential 0-5 du/ac) that allows for residential
development with a density between zero and five units per acre. An application is now before
the Board regarding a combined City initiated voluntary annexation and annexation via
interlocal agreement of the subject properties.
Current Land Use Desianation: The current land use map designation for the property is
County MR-5 (Medium Residential 0-5 du/ac). The current City "advisory" designation is LD
(Low Density Residential 0-5 du/ac).
Reauested land Use Desianation: The requested Future Land Use Designation is to City
MD (Medium Density 5-12 du/ac) in part and LD (Low Density Residential 0-5 du/ac).
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Desianated Annexation Area: The property to be annexed is located within designated
Annexation Area "En on the east side of Military Trail north of Lake Ida Road. Annexation of
the territory is consistent with Future Land Use Element Policy B-3.5, which calls for
annexation of eligible properties through voluntary annexations as the opportunities arise; and
to address the annexation of improved property which lacks adequate sewer and water
facilities through the Palm Beach County Annexation Incentive Program. Excluding the City
owned 3.18-acre parcel (PCN 42-46-12-00-000-3200) two enclaves would exist one 3,03 acres
west of the city parcel and the second 6.76 east of the city parcel for a total 9.79 acres. Each
of the two enclaves make up the balal')ce of the property and is under 10 acres and therefore
are eligible for annexation via an interlocal agreement pursuant to F .S. 171.046.
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 3
land Use Analysis:
Consistency Between the City and County land Use DesiQnations:
The proposed City Land Use Map Designation for the property is MD (Medium Density 5-12
du/ac) in part, and LD (low Density 0-5 du/ac) in part. The existing County Future land Use
Map Designation for the property is MR-5 (Medium Residential - 5 du/ac). The City's LD Land
Use Map Designation is consistent with the County's MR-5 designation in that Low Density
Residential is similar. The designation on a portion of property is now proposed to be medium
density allowing slightly higher densities. These are to be limited to 8 units per acre via the
zoning designation of RM-8. While slightly higher this density continue to be compatible with
the residential development to north, east, and south. The City's FLUM designation as initially
contained on the City's Future Land Use Map adopted by Ordinance 82-89 in November 1989,
are deemed to be advisory until an official Future Land Use Map Amendment is processed.
Adiacent land Use Map DesiQnations. ZoninQ DesiQnations and land Uses:
The following zoning designations and uses abut the subject property:
Zoning Designation
Use
North: Plan Residential Development (PRD) and Bexley Park Subdivision and Barwick
Single Family Residential (R-1-AA) Ranch Subdivision
South: Multiple Family Residential - Medium Country Manors Subdivision and
Density (RM) Canal L -31
East: Plan Residential Development (PRD) Sabal Lakes Residential Developoment
West: Open Space and Recreational (OSR) Bexley Park
Allowable land Uses:
Under the proposed Medium Density Residential 5-12 du/ac (MD) in part, and Low Density
Residential 0-5 du/ac (LD) in part Land Use Map designation, residential zoning districts which
accommodate single family units (R-1 thru R-1-AAA) and multiple family units (RM) are
allowed. With the proposed zoning designation of R-1-AAA and RM-8 (limiting density
maximum to 8 units per acre) residential development compatible with the surrounding
residential patterns can be anticipated.
REQUIRED FINDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3:
Pursuant to lOR Section 3.1.1, prior to approval of land Use 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, written materials submitted by the
applicant, 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
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 4
the Future land Use Map (FlUM), Concurrency, Comprehensive Plan Consistency, and
Compliance with the land Development Regulations.
o Future land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent
with the applicable land use designation as shown on the Future land Use Map.
Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all
land uses and resulting structures must be allowed in the zoning district within which the
land is situated, and said zoning must be consistent with the land use designation as
shown on the Future Land Use Map. The proposed Multiple Family Residential - Medium
Density RM-8 and Single Family Residential (R-1-MA) zoning districts are consistent with
the proposed MD (Medium Density Residential 5-12 du/ac) and LD (Low Density
Residential 0-5 du/ac) FLUM designation. Multiple Family Residential developments are
allowed in the RM-8 zoning district as a permitted use at a maximum density of eight (8)
units per acre. Single-family unit developments are allowed in the R-1-MA zoning district
as a permitted use at a base rate of zero to five (5) units per acre. Based on the above,
positive findings can be made with respect to FLUM consistency.
o Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
Provision of Services: When annexation of property occurs, services are to be provided
in a manner which is consistent with services provided to other similar properties already in
the City (Future Land Use Element Policy B-3.1). The proposal involves amending the
FLUM designation from County MR-5 to City MD (Medium Density Residential) in part, and
LD (Low Density Residential) in part for the subject property. Concurrency findings with
respect to Parks and Recreation, Police, Solid Waste, Traffic and Water and Sewer are
discussed below:
Parks and Recreation: The City provides 127 acres of activity based recreation facilities
such as tennis, baseball, basket ball, soft ball and other similar sports. An additional 247
acres are considered resource based activities such as beaches and lakes for swimming,
boating, picnicking, hiking, and other activities excluding golf courses. Within recreation
areas, amenities and facilities are provided to meet the demand for leisure opportunities for
all segments of the community. The City of Delray Beach provides a ratio of eight (8)
acres of park and recreational facilities per 1,000 people while the current national ratio is 3
acres of park and recreational facilities per 1,000 people. This indicates that the City will
have sufficient recreation facilities to accommodate any additional increase in the number
of residents anticipated from future development of the subject property.
Police: This property is currently serviced by the Palm Beach County Sheriffs Office,
located at 345 South Congress, which serves the South County area. The subject property
lies within Sheriff patrol zone 4. Zone 4 is bordered by EI Clair Ranch Road on the west,
the Atlantic Ocean on the east, Boynton Beach City limit on the north, and Atlantic Avenue
to the south. One officer is assigned to a particular zone during a shift (three shifts per
day). Additional response can be obtained from "Cover Cars" which patrol throughout
zones randomly, depending on their availability in South County during that time.
The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square
mile area; and, as a consequence, significantly improved response time should be realized.
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 5
Annexation will not require additional manpower as the City patrols the area currently in the
city to the north, south, east, and west.
Fire and Emeroencv Services: The annexation of this property will not require additional
manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida
Roads). With annexation, the property will receive an improvement in response time from
the current 5.5 minutes of the County Fire Department (Indian Springs/Military Trail and
Woolbright Road) to approximately 3 minutes for the City's Fire Department (Fire Station
No.4 at Barwick and Lake Ida Roads).
Water: Municipal water service is available via connection to a 12" water main located
along 133rd Roas Sand Barcwick Road. With future development of the vacant property
extensions will be required.
Sewer: Sewer service is available adjacent to the site via an existing 6" force main along
the south side of 133rd Road S. Sewage mains and a new lift station have been
constructed as part of the infrastructure improvements of "the Bexley Park" subdivision.
Sewer service exist for single family homes along Barwick Road. With future development
new connections and main extensions will be required. Pursuant to the Comprehensive
Plan, treatment capacity is available at the South Central County Waste Water Treatment
Plant for the City at build-out.
Streets: The subject property can be accessed via 133rd Road S and from Barwick Road.
133rd Road S and Barwick Road is under the jurisdiction of the City. With any future
development of the subject property proper public acces will be required.
Solid Waste: The future development of this property will continue to have minor solid
waste impact. The solid waste authority has indicated they have sufficient capacity exists
to service this area. The service provider will not change, as described later in this report.
o Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based
upon the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need must
be supported by data and analysis verifying the changing demographics or other
circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 6
The proposal is associated with the annexation of this unincorporated property and
requires changing the FLUM designation from County to City. The current County FLUM
designation is MR-5 and the current "advisory" designation is LD (Low Density Residential),
which allows single family residential developments. As the City's FLUM designation is
being applied the requirement to provide justification for the need does not apply. It is
noted that the proposed R-1-AAA designation would allow the same density (0-5 du/ac) as
the one currently allow under the county designation of (MR-5). It is also noted that the
proposed MD (Medium Density Residential) being applied to the three most western
parcels will allow multiple family residential development (restricted to a maximum of 8
units per acre through zoning) which is compatible with the existing developments to the
north, south, and east Bexley Park, Country Manor Subdivision, and single family homes
respectively.
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 in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent/and uses; and fulfills remaining land use needs.
The subject property does not have any unique environmental characteristics that would
require mitigation measures. Under the LD FLUM designation, a range of 0 to 5 du/ac is
allowed. Also, under the MD FLUM designation, a range of 5 to 12 du/ac is allowed
(restricted to 8 units per acre through zoning). The requested zoning designations of RM-
8 and R-1-AAA will be compatible with the adjacent development patterns.
Compatibilitv -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
As described previously, the requested FLUM designation of LD (Low Density Residential)
in part, and MD (Medium Density Residential) in part, and zoning of R-1-AAA (Single
Family Residential) in part, and RM-8 (Residential Medium Density 8 du/ac) in part, will be
compatible with adjacent development patterns. Homeownership is a characteristic of
these designations. Consequently, compatibility with the abutting low density residential
properties to the east and north (Sabal Lakes and Barwick Ranch), as well as abutting
medium density residential properties to the south (Country Manor Subdivision) are
consistent with the proposed dsignation.
Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Any future development of the subject property will be submitted to the site plan review
process and will be reviewed for compliance with the LDRs including compatibility with
adjacent uses.
Florida Statues Governinq Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said property be annexed to
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 7
the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves".
Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed
area that is enclosed within and bounded by a single municipality and a natural or man made
obstacle that allows the passage of vehicular traffic to that unincorporated area only through
the municipality.
· The property is contiguous with the City and reasonably compact. With regard to
creation of an enclave, in order to access the property one must first travel through
the City. Thus, excluding the City owned 3.18-acre parcel (PCN 42-46-12-00-000-
3200) two enclaves would exist one 3,03 acres west of the city parcel and the
second 6.76 east of the city parcel for a total 9.79 acres. Each of the two enclaves
make up the balance of the property is under 10 acres and therefore eligible for
annexation via an interlocal agreement pursuant to F.S. 171.046.
Chapter 171.046, Florida Statutes (2004), provides for annexation of certain enclaves by
entering into an Interlocal Agreement between the Municipality and the County having
jurisdiction over such enclave.
Land Development Reaulations Governina Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owner has voluntarily petitioned for this annexation. Excluding the City owned 3.18-
acre parcel (PCN 42-46-12-00-000-3200) two enclaves would exist one 3,03 acres west of the
city parcel and the second 6.76 east of the city parcel for a total 9.79 acres. Each of the two
enclaves make up the balance of the property is under 10 acres and therefore are eligible for
annexation via an interlocal agreement pursuant to F.S. 171.046.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Desianated annexation area: The territory to be annexed is located within the designated
annexation area "E" located on the east side of Military Trail north of Lake Ida Road.
Annexation of the subject territory is consistent with the Future Land Use Element Policy B-
3.5, which calls for annexation of eligible properties through voluntary annexations as the
opportunities arise; and to address the annexation of improved property which lacks adequate
sewer and water facilities through the Palm Beach County Annexation Incentive Program. As
expressed previously, excluding the City owned 3.18-acre parcel (PCN 42-46-12-00-000-
3200) two enclaves would exist one 3,03 acres west of the city parcel and the second 6.76
east of the city parcel for a total 9.79 acres. Each of the two enclaves make up the balance of
the property is under 10 acres and therefore are eligible for annexation via an interlocal
agreement pursuant to F.S. 171.046.
CONCURRENCY:
Provision of Services: The provision of services to the subject property has been discussed
previously under the "Future Land Use Map Amendment Analysis" section of this report.
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 8
Financial Impacts:
Effect upon Annexed Propertv:
The following table depicts the current assessed value and total (County) taxes for the subject
property:
00424612000003200 714,675.00 13,617.00 375.00 13,992.00 19.505361 16,956.14 $181.4423.725668 17,137.58 3,145.58
00424612000003202 331,847.00 6,323.00 415.00 6,738.00 19.505361 7,873.29 $181.44 23.725668 8,054.73 1,316.73
00424612000003024 280,558.00 5,346.00 408.00 5,754.00 19.505361 6,656.43 $181.4423.725668 6,837.87 1,083.87
00424612000003141 223,950.00 4,267.00 276.00 4,543.00 19.505361 5,313.36 $181.4423.725668 5,494.80 951.80
00424612000003190 167,312.00 3,188.00 276.00 3,464.00 19.505361 3,969.59 $181.4423.725668 4,151.03 687.03
TOTAL $1,718,342.00 32,741.00 $1,750.00 $34,491.00 19.505361 $40,768.81 $907.2023.725668 $41,676.01 $7,185.01
* Currently City owned the values noted would result after change in ownership.
For the 2005 tax year the subject property had an assessed value of $1,718,342.00. With the
change from County to City jurisdiction, the following taxes and rates will be affected:
Fire/Rescue MSTU
Palm Beach Count Lib.
Palm Beach CO.Lib.Debt
Florida Inland Nave ation
Health Care District
Palm Beach Coun
Palm Beach Coun Debt
Children Service Council
Public Schools Debt Servo
Public Schools Loc.Board
Public Schools State Law
SFWMD District
SFWMD Ever lades Const.
Ci of Delra Beach
Ci of Delra Beach Debt
5,325.14
970.86
252.61
66.15
1,855.81
7,646.62
462.58
1,183.42
381.47
4,560.48
8,838.17
1,025.85
171.84
3.19899
0.540301
0.0404
0.0385
1.099999
4.5
0.26798
0.690201
0.274
2.547
5.65
0.597001
0.09999
7.466100
0.533900
DELETE
DELETE
DELETE
0.00 0.000000
0.00 0.000000
0.00 0.000000
66.15 0.038500
1,855.81 1.099996
7,646.62 4.5
462.58 0.26798
1,183.42 0.690201
381.47 0.274
4,560.48 2.594
9,667.85 5.564
1,025.85 0.597001
171.84 0.09999
12,829.31 7.466100
917.42 0.533900
2"~~7!2"~~Q8
* Total tax millage in the county is 19.5443mills while in the city the total millage is 23.7256
mills. Therefore the difference is 4.181306 mills.
The current yearly ad valorem taxes are $32,741 with annexation the yearly ad valorem taxes
will be $40,768.81 (32,741+8,027.81=40,768.81); a tax difference of $8,027.81
(1,718,342x4.181306/1000=7,185.01). In addition to property taxes, the following Non Ad
Valorem fiscal responsibility will apply:
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 9
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the structures, buildings, parking areas, etc. If the property is developed
as a multiple family complex or is subdivided for residential purposes, an assessment of
$54.00 per unit would be applied. A 25% discount from the assessment is available since the
property is within the Lake Worth Drainage District. An additional 25% may be available if
drainage is retained on site. With the vacant properties, this assessment is not immediately
imposed. With the submittal of a future site plan, the storm water utility tax will be assessed.
Solid Waste Authority - The Barwick Road and Military Trail annexation areas are serviced
under a contract by Waste Management (pursuant to a contract awarded October 1, 2003).
City's contract is currently through Waste Management. Pursuant to Florida Statute 171.062
(4) (a) " if a party has an exclusive franchise which is in effect for at least six months prior to
the initiation of an annexation, the franchise may continue to provide such services to the
annexed area for five years or the remainder of the franchise term whichever is shorter".
Thus, the waste service provider will not change with annexation.
Resulting Impacts to Property Owners: (combined increase)
AD VALOREM TAXES 2005
City Mills. County Mills
23.72567 19.54436 =
NON AD VALOREM TAXES 2005
Stormwater Assessment
Solid Waste Collection
WATER & SEWER UTILITY FEES
ANNUAL FINANCIAL IMPACT:
+ $7,185.01
4.1813
$270.00
$211.20
$0.00
+ $7,666.21
Fire Response
+
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes Ci .
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes Cit .
Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 atroll cars durin the ni ht.
Pro-active vs reactive opportunity to work
with ro e owners.
Emergency Medical
Services EMS
Police
+
+
Code Enforcement
+
Fiscal Impacts to the Citv: At the 2005/2006 City operating milage of 7.4661 mills and debt
rate of 0.5339 mills, the property will generate approximately $13,746.74 in new ad valorem
taxes per year. With future development, additional revenues will be realized through
increased assessment value, building permit fees, the annual collection of the storm water
assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on
electric, telephone, and cable.
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 10
AD VALOREM TAXES 2004
City of Delray Beach 7.4661 Mills $12,829.31
City of Delrav Beach Debt 0.5339 Mills $917.42
SUB-TOTAL $13,746.74
NON-AD VALOREM TAXES
Storm Water Utilitv (1 Unit @ $54) $0.00
SUB-TOTAL $13,746.74
PARK AND RECREATION IMPACT FEE
$500 per unit $0.00
TOTAL $13,746.74
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LOR were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below.
The proposed City zoning designation is R-1-AAA (Single Family Residential) in part, and RM-
8 (Medium Density Residential 8 du/ac) in part, while the current County zoning designation is
AR (Agricultural Residential).
The surrounding zoning designations are: City OSR (Open Space Recreational) to the west;
City PRO (Plan Residential Development) to the east; City PRO (Planned Residential
Development) and R-1-AA to the north; and City RM (Multiple Family Residential - Medium
Density) to the south.
COMPREHENSIVE PLAN POLICIES:
Previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report.
REQUIRED FINDINGS: (Chapter 3)
Previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
CONSISTENCY: Compliance with the performance standards set forth in LOR Section
3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), 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 Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 11
Comprehensive Plan Policies: Consistency with the Comprehensive Plan was
previously discussed under the Future Land Use Map Amendment analysis section of
this report.
Section 3.2.2 (Standards for RezoninQ Actions): standard "A", "B", "C", and "E" are not
applicable with respect to this rezoning request. The applicable performance standards
of Section 3.2.2 are as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
The proposed amendment to MD (Medium Density 5-12 du/ac) in part, LD (Low
Density 0-5 du/ac) in part, is compatible with the existing land use designations in
the adjacent developments and is being proposed concurrently with a request for
annexation and initial zoning of R-1-AAA (Single Family Residential) in part, and
RM-8 (Medium Density Residential 8 du/ac) in part. Residential developments and
single family homes are allowed as a permitted use within the RM-8 and R-1-AAA
District respectively. Given the adjacent development pattern it seems appropriate
to recommend a land use designation of MD (Medium Density 5-12 du/ac) in part,
LD (Low Density 0-5 du/ac) in part. Thus, compatibility with adjacent residential
developments is not a concern.
The following zoning designations and uses border the property:
Zoning Designation
Use
North: Plan Residential Development (PRO) and Bexley Park Subdivision and Barwick
Single Family Residential (R-1-AA) Ranch Subdivision
South: Multiple Family Residential - Medium Country Manors Subdivision and
Density (RM) Canal L-31
East: Plan Residential Development (PRO) Sabal Lakes Residential Developoment
West: Open Space and Recreational (OSR) Bexley Park
Section 2.4.5 (D) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LOR Section 2.4.5(0) (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the
rezoning fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
(a) That the zoning had previously been changed, or was originally established,
in error;
(b) That there has been a change in circumstances which make the current
zoning inappropriate; or
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 12
(c) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the
unincorporated area of Palm Beach County. However, it is also within the City of Delray Beach
reserve annexation. The City, being the current owner of one of these parcels, is seeking
annexation of this property into the City, which requires that appropriate City zoning
designations be applied. The proposed amendment to MD (Medium Density 5-12 du/ac) in
part, LD (Low Density 0-5 du/ac) in part Land Use Map designation and RM-8 (Residential
Medium Density 0-8 du/ac) in part, and R-1-AAA (Single Family Residential) in part zoning are
deemed compatible with the existing land use designations and the adjacent development
pattern and zoning designations. Based upon the above, positive findings can be made with
respect to LOR Section 2.4.5(0) (5).
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
On July 12, 2006, the Palm Beach County Planning Division was notified of the City's intent to
annex this property. Response has not yet been received.
Lake Worth Drainaae District:
On July 12, 2006, Lake Worth Drainage District was notified of the City's intent to annex this
property. Response has not yet been received.
IPARC Notice:
Notice of the Future Land Use Amendment has also been provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Jerry Franciosa, PROD
o Carolyn Zimmerman, Presidents Council
o Gerald De Poe, Country Manor
o Bruce R. Shumer, Sabal Lakes
o Prime Management Group Inc., Sabal Lakes
o Sal Cherch, Barwick Ranch Estates
o Don Klein, Barwick Estates
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 13
Public Notice:
Formal public notice has been provided to property owners of the annexation parcels and
owners within a 500' radius of the subject property. Additional letters of support or objection, if
any, will be presented at the Planning and Zoning Board meeting.
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and service area. The City's MD (Medium Density 5-
12 du/ac) in part, LD (Low Density 0-5 du/ac) in part, Land Use Map Designation is consistent
with the County's MR-5 designation in that it is compatible with the existing land use
designations and the adjacent development pattern. This Future Land Use Map designation is
being proposed concurrently with a request for initial zoning of RM-8 and R-1-AAA District
which are also compatible with the surrounding development pattern.
The annexation will provide with better Police, Fire, EMS and Code Enforcement services.
The property will not experience a significant increase in ad valorem taxes. Upon development
of the property, park and recreation impact assessment fees will be imposed on any new
residential development.
The City will receive additional revenue from property taxes, in addition to storm water
assessment fees utility taxes, franchise fees, and licensing fees upon development. The total
immediate revenue increase is approximately $13,746.44, a year. Based upon the above, the
proposed Annexation, Future Land Use Map Amendment and associated Rezoning application
should be approved.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for:
· The City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5
(Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD
(Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8
(Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City)
located on the south side of 133rd Road S, 60' west of Barwick Road approximately
1,400' north of Lake Ida Road (PCN 42-46-12-00-000-3200), and
· A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach
County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from
MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to
MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning
from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in
part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing
four parcels and a total of 9.79 acres of land located on the west side of Barwick Road
approximately 1,400' north of Lake Ida Road.
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 the
Planning and Zoning Board Meeting of 07/17/06: Staff Report
Bexley Park - Annexation, FLUM Amendment, and Rezoning
Page 14
criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
C. Move a recommendation of denial to the City Commission for:
· The City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5
(Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD
(Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8
(Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City)
located on the south side of 133rd Road S, 60' west of Barwick Road approximately
1,400' north of Lake Ida Road (PCN 42-46-12-00-000-3200). and
· A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach
County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from
MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to
MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning
from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in
part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing
four parcels and a total of 9.79 acres of land located on the west side of Barwick Road
approximately 1,400' north of Lake Ida Road,
and finding that the request is inconsistent with the Comprehensive Plan, and does not
meet the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land
Development Regulations.
Move a recommendation of approval to the City Commission for:
· A City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5
(Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD
(Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8
(Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City)
located on the south side of 133rd Road S, 60' west of Barwick Road approximately
1,400' north of Lake Ida Road (see map attached) PCN 42-46-12-00-000-3200); and
. A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach
County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from
MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to
MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning
from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in
part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing
four parcels and a total of 9.79 acres of land located on the west side of Barwick Road
approximately 1,400' north of Lake Ida Road (see map attached).
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 does meet the criteria set forth in
Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments: Location Map. Staff Report Prepared by: Este/io Breto, Senior Planner
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CITY OF DELRAY BEACH, FLORIDA
SUPPORT DOCUMENT #4
Depot Road Property
FLUM Amendment and Rezoning Staff Report
SD#4
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT ---
July 17, 2006
IV.B.2.e.
Future Land Use Map (FLUM) Amendment from Industrial (IND) to CMR
(Commerce) and Rezoning from Industrial (I) to MIC (Mixed Industrial and
Commercial) for a 8.8 acre parcel located along Depot Road north of the Old Train
Station, between the CSX Railway and 1-95.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant......................... Depot Industrial Center, LLC.
Agent.......................................... Charles Putman
Location...................................... Along Depot Avenue east of the
CSX Railroad Track, west of 1-95,
and to the north of the Old Train
Station.
Property Size.............................. 8.8 Acres
Existing Future Land Use Map
Designation .. ..... ................. ....... Industrial (IND)
Proposed City Future Land Use
Map Designation......................... CMR (Commerce)
Existing City Zoning.................... Industrial (I)
Proposed City Zoning................. MIC (Mixed Industrial and
Commercial)
Adjacent Zoning................North: MIC (Mixed Industrial and
Commercial)
East: 1-95 Right-of-Way
South: MIC (Mixed Industrial and
Commercial)
West: MIC (Mixed Industrial and
Commercial)
Existing Land Use...................... Undeveloped
Proposed Land Use.................... Mixed-use - Office, Warehouse
and Residential (if text amendment
is approved)
Water Service............................. Water service is provided to the
site via an 6" water main, which is
located along the south side of the
property on Depot Avenue.
Sewer Service............................. Sewer service is provided via a
septic tank system. There are no
sewer mains located adjacent to
the property. Extensions to the
site along Depot Road will be
required with development of the
property.
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The action before the Board is that of making a recommendation to the City Commission on a
privately initiated Future Land Use Map (FLUM) Amendment from IND (Industrial) to CMR
(Commerce) and rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial), for a 8.8
acre property located along Depot Road, north of the Old Train Station, between the CSX
Railroad and 1-95.
Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and rezoning of any property within the City.
The subject property includes Tract 1 and Tract 2 and Lots #1 through #5 of the Model Land
Company subdivision and contains 8.8 acres. The property has never been developed and is
currently vacant. With the Citywide Rezoning of October 1990, the subject property was
rezoned from MI (Medium Industrial) to I (Industrial).
Applications have been submitted for a FLUM amendment from IND (Industrial) to CMR
(Commerce) and a rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial). These
applications have been submitted with the purpose of establishing a project that will consist of
52,284 square feet of office area, 49,600 square feet of warehouse, and 300 multifamily/rental
apartments units with 25% of the units being Workforce Housing. This mixed-use project would
be allowed under the proposed MIC zoning (except for the 300 multifamily residential
component), but not under the current I (Industrial) zoning. While residential development is not
currently allowed within the existing I or the proposed MIC zoning district, the applicant is also
requesting that the residential component be allowed via the creation of a new overlay district
on this site. It is noted, however, that the applicant wishes to proceed with the FLUM
Amendment and Rezoning regardless. of whether or not the text amendment to allow the
residential component is approved.
The Future Land Use Map amendment for the subject property is included as part of
Comprehensive Plan Amendment 2006-1.
REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to LOR Section 3.1.1, prior to 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, written materials submitted by the
applicant, 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
Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance
with the Land Development Regulations.
Planning and Zoning Board Staff Report: July 17, 2006
Delray Depot - FLUM Amendment and Rezoning
Page 2
Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent with
the applicable land use designation as shown on the Future Land Use Map.
The applicant proposes to develop a mixed-use project at this location, which includes a
residential component. Residential uses are neither a permitted nor a conditional use in the MIC
zoning district. This application is accompanied by a Comprehensive Plan text amendment
which would create a Workforce Housing Overlay District over this property and the adjacent
property to the south. Staff does not support the creation of this overlay district. If this text
amendment is not approved, the uses as proposed will not be consistent. However, as stated
earlier, the applicant wishes to proceed with the FLUMAmendment and Rezoning regardless of
whether or not the text amendment to allow the residential component is approved. Therefore,
for the purpose of this report, the applicant's proposed text amendment to allow residential uses
will be considered a separate issue. Since the proposed MIC (Mixed Industrial and Commercial)
zoning district is consistent with the proposed CMR (Commerce) FLUM designation, positive
findings can be made with respect to consistency.
The remaining required findings of LOR Section 3.1.1 (Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development Regulations) are discussed below.
The following Comprehensive Plan Policy applies to Future Land Use Map Amendments:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM)
must be based upon the findings listed below, and must be supported by data and
analysis that demonstrate compliance with these findings:
o Demonstrated Need - That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need
must be supported by data and analysis verifying the changing demographics or
other circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
When the Comprehensive Plan was originally adopted in 1989, it was determined that the CMR
(Commerce) designation was the most needed land use designation in the City.
Future Land Use Element Policy A-1.3 - The Commerce land use designation, which
involves a mix of light industrial, commercial uses and research and development, is the
most needed land use during the City's final stage of build-out. Thus, changes to the
Future Land Use Map, which diminish this land use, are discouraged.
Based on its location between 1-95 and the CSX railroad, the subject property was designated
IND (Industrial) and zoned I (Industrial). However, the property has not been developed under
the current designation and the applicant would like the additional flexibility that MIC zoning
affords. The primary difference between the I and the MIC zoning districts is the addition of
Planning and Zoning Board Staff Report: July 17, 2006
Delray Depot - FLUM Amendment and Rezoning
Page 3
offices and retail trade as principal uses within the MIC district. The applicant proposes to
establish a project that will include 52,284 square feet of office area, 49,600 square feet of
warehouse, and 250-300 multifamily/rental apartments units on the subject property. As stated
earlier, a text amendment to the Comprehensive Plan to allow residential development at this
location has also been submitted. However, even if this text amendment is not approved, the
applicant still desires to change the FLUM designation of the property and rezone it to MIC.
Based on the need for the Commerce land use designation as stated in Future Land Use Policy
A-1.3, positive findings with respect to Future Land Use Element Policy A-1.7 can be made.
o Consistency - The requested designation is consistent with the goals, objectives
and policies of the most recently adopted Comprehensive Plan.
The proposal is consistent with the above policy as well as with the following Comprehensive
Plan Policy:
Future Land Use Element Policy A-2.3 - development of remaining vacant properties
shall occur in a manner which is consistent with and complimentary to adjacent
development regardless of zoning designations. This policy shall be implemented
through the review process associated with platting and site plans.
As previously stated, the owner of the property proposes to establish a project that will consists
of 52,284 square feet of office area, 49,600 square feet of warehouse, and 250-300
multifamilylrental apartments units on the subject property. Properties to the north, south and
west of the subject property are zoned MIC (Mixed Industrial and Commercial) and property to
the east, adjacent to the 1-95 right-of-way, is zoned OS (Open Space). With the exception of the
housing component, the proposed development is consistent with and complimentary to the
prevalent development pattern in the area, and thus, meets the requirements of the Future Land
Use Element Policy A-2.3 of the Comprehensive Plan. The proposed housing is not currently
allowed in the proposed FLUM designation and will be considered separately.
o Concurrency - Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves a FLUM amendment on a 8.8 acre parcel from I (Industrial) to CMR
(Commerce). Concurrency findings with respect to Parks and Recreation, Schools, Solid
Waste, Drainage, Water and Sewer and Traffic are discussed below:
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 projects may have on City
recreational facilities. Since residential development is not currently permitted at this location,
there are no impacts to parks and recreation. However, if the proposed text amendment is
approved and the applicant is able to construct housing units on the property, 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.
Schools:
A finding of School Concurrency will be required from the School District of Palm Beach County
if residential development is ultimately approved on this site. No concerns are noted at this time.
Planning and Zoning Board Staff Report: July 17. 2006
Delray Depot - FLUM Amendment and Rezoning
Page 4
Solid Waste:
The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all
development proposals till the year 2021, thus a positive finding with respect to this level of
service standard can be made.
DrainaGe:
Any development of the site will be required to retain drainage on-site in compliance with South
Florida Water Management District (SFWMD) requirements. There are no problems anticipated
complying with SFWMD requirements.
Traffic:
A traffic study has been submitted that indicates that the proposed development (with the
residential component) will generate 2,840 daily trips, 265 trips in "the A.M. peak hour and 297
trips in the P.M. peak hour. A letter from the Palm Beach County Traffic Division indicating that
the proposed project meets concurrency with the Palm Beach County Traffic Performance
Standards Ordinance will be required. Development of the site without the residential
component may result in additional traffic. It is noted, however, that the maximum development
potential within the CMR (Commerce) FLUM designation and MIC zoning district is similar to
that within the IND (Industrial) FLUM designation and the PCC (Planned Commerce Center)
zoning district. With the exception of a higher potential for retail development in the MIC district,
the same land uses are permitted within the two zoning districts. The City has requested a
revised traffic study based upon the maximum development potential within the proposed FLUM
designation. This information will be provided to DCA upon receipt. Upon submittal of a site plan
for development of the property, a traffic study will be required and traffic concurrency must be
met.
Water and Sewer:
Water service is provided to the site via an 6" water main, which is located along the south side
of the property on Depot Road. Sewer service is provided via a septic tank system. The
drainage field is located along the south side of the property. Adequate fire suppression is
provided to the site via an existing fire hydrant along the southeast side of the property. The
Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet
the adopted LOS at the City's build-out population, based upon the current FLUM. Pursuant to
the Public Facilities Element Policy A-1.1, existing septic tanks located in sewered areas
throughout the City shall be removed from use as necessary pursuant to Florida Statutes.
Since there are no sewer mains located adjacent to the property, these lines must be extended
to serve the property when development occurs.
o Compatibility - The requested designation will be compatible with the existing and
future land uses of the surrounding area.
The property is surrounded on the north, south and west by MIC zoned property and/or existing
industrial uses. The property to the east, adjacent to the 1-95 right-of-way, is zoned OS (Open
Space). Since the subject property is proposed to also be zoned MIC, there are no compatibility
issues with respect to the uses currently permitted within the zoning district. However, there is a
concern with respect to the applicant's proposal to include 250-300 residential units within the
project. Staff does not support the proposed text amendment, since residential development on
the subject property will present noise concerns due to the close proximity of the site to 1-95 and
Planning and Zoning Board Staff Report: July 17, 2006
Delray Depot - FLUM Amendment and Rezoning
Page 5
the CSX railroad as well as compatibility issues regarding the surrounding Mixed Industrial and
Commercial development pattern.
o Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Although a site plan for the property has not been submitted, any future redevelopment of the
subject property will have to occur in accordance with the City's Land Development Regulations.
Based on the above, a positive finding with respect to compliance with the Land Development
Regulations can be made.
Future Land Use Map Consistency, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report. Compliance with the Land Development Regulations with respect to Standards for
Rezoning Actions and Rezoning Findings is discussed below.
CONSISTENCY: Compliance with the performance standards set forth in LOR Section
3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), 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.
LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable
performance standard of LOR Section 3.2.2 is as follows:
(D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The following zoning designations and uses border the property:
Zonina Desianation: Use:
North MIC Vacant
South MIC Industrial
East OS and 1-95 Rioht-of-Wav Open Space
West MIC Industrial
The proposed MIC zoning designation of the property is consistent with the prevalent
development pattern of the surrounding properties. As stated earlier, staff does not support the
test amendment to allow residential development in this location.
LOR Section 2.4.5(0) (5):
Pursuant to LOR Section 2.4.5(0) (5), in addition to provisions of Chapter Three, the City
Commission must make a finding that the rezoning fulfills one of the reasons for which the
rezoning change is being sought. These reasons include the following:
(a) That the zoning had previously been changed, or was originally established, in error;
Planning and Zoning Board Staff Report: July 17, 2006
Delray Depot - FLUM Amendment and Rezoning
Page 6
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The applicant submitted a justification statement which states:
"The Industrial zoning category currently applicable to the property is primarily designed
to promote heavier industrial and industrial related uses. The MIC zoning also allows
many of those industrial uses but further provides the flexibility to do a mixed use project
containing not only industrial but retail, office, service and other similar uses as well.
Thus, an MIC designation on the subject site will not preclude heavier industrial
development but will allow a wider range of uses to be developed than is allowed under
the current zoning".
The proposed amendment to Commerce (CMR) Land Use Map designation and Mixed
Industrial and Commercial (MIC) zoning are deemed compatible with the existing land use
designations and the adjacent development pattern. The requested MIC zoning designation for
the subject property is the same as that for adjacent properties. The use of the property for
industrial, retail, and office purposes appears is consistent and compatible with the surrounding
land uses. Therefore, a finding with respect to LOR Section 2.4.5(D)(5) can be made that the
rezoning fulfills subsection "c".
The property is not in an area that requires review by the Community Redevelopment Agency
(CRA) or Downtown Development Authority (DDA).
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Neighborhood Advisory Council
o Progressive Residents of Delray (P.R.O.D.)
o Jerry Franciosa
o Carolyn Zimmerman
Letters of support or objection, if any, will be presented at the Planning and Zoning Board
meeting.
The proposed amendment will change the FLUM designation of the property from an Industrial
classification to a Commerce designation that will afford additional flexibility in development of
the property. In addition to industrial uses allowed under the I (Industrial) zoning district, the MIC
Planning and Zoning Board Staff Report: July 17, 2006
Delray Depot - FLUM Amendment and Rezoning
Page 7
(Mixed Industrial and Commercial) zoning district allows office and retail development. Positive
findings can be made with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings),
and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive findings can be
made with respect to LOR Section 2.4.5(0)(5) (Rezoning Findings). Therefore, the proposed
FLUM amendment and Rezoning can be recommended for approval based on the findings
outlined in this report. Although the applicant has submitted a text amendment to also allow
residential development on the property, staff does not support the request due to compatibility
issues.
A. Continue with direction;
8. Recommend to the City Commission approval of the FLUM Amendment and Rezoning for
the subject property, by adopting the findings of fact and law contained in the staff report,
and finding that the request and approval thereof is consistent with Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LOR
Section 2.4.5.(0)(5) (Rezoning' Findings), LOR Section 3.1.1 (Required Findings), LOR
Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of
the Comprehensive Plan; or
C. Recommend denial of the FLUM Amendment and Rezoning by adopting the findings of fact
and law contained in the staff report, and finding that the request is inconsistent with Future
Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LOR Section 2.4.5(0)(5) (Rezoning Findings), LOR Section 3.1.1 (Required Findings), LOR
Section 3.2.2 (Standards for Rezoning Actions) and the Goals, Objective, and Policies of the
Comprehensive Plan.
Move a recommendation of approval to the City Commission of the privately sponsored FLUM
Amendment from IND (Industrial) to CMR (Commerce) and rezoning from I (Industrial) to MIC
(Mixed Industrial and Commercial) for the subject property located along Depot Road, north of
the Old Train Station, between the CSX Railroad and 1-95, by adopting the findings of fact and
law contained in the staff report, and finding that the request and approval thereof is consistent
with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings), LOR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required
Findings), LOR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and
Policies of the Comprehensive Plan.
Staff Report Prepared by: Estelio Breto, Senior Planner
Attachments:
. Proposed Future Land Use Map, Proposed Zoning Map
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. DRIVEWAYS. PARKING AREAS. STREETS. GRADING. ROCK 8< FILL. CONCRETE WORK
RDRIVES, INC.
2101 SOUTH CONGRESS AVENUE
DELRAY BEACH, FLORIDA 33445-7398
PHONE 561-278-0456
FAX 561-278-2147
July 31, 2006
RECEIVED
AUG 1 - 2006.
CITY MANAGER
Mayor Jeff Perlman
City of Del ray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Con2ress Avenue Mixed Use ("CMU") Future Land Use MaD ("FLUM") Amendment
Dear Mayor Perlman:
The Delray Beach City Commission has scheduled a public hearing on the above-
referenced Future Land Use Map Amendment for August 1, 2006 as part of the City of Del ray
Beach Comprehensive Plan Amendment Round 2006-1. In that regard, we have reviewed the
City's Planning and Zoning Board Staff Report dated July 17, 2006 associated with the CMU
FLUM Amendment application and have the following comments in regard to same.
As you are aware, the City of Delray Beach entered into that certain Annexation
Agreement dated December 5, 1995 by and between George T. Elmore, as Trustee and the City
affecting a 27.76 acre :f: property (a west parcel containing 15.53 acres :f: on the west side of
Congress Avenue and an east parcel containing 12.23 acres:f: east of Congress Avenue), with the
west parcel becoming the existing headquarters for Office Depot and the east parcel continuing
as the general corporate headquarters and plant facility for Hardrives, Inc. ("Hardrives Parcel").
We are addressing our comments in this letter only to the Hardrives Parcel.
The Annexation Agreement provides for a clear delineation of the types of business and
industrial uses that are presently operating on and that are to be allowed to operate in the future
on the Hardrives Parcel, hours of operation approved for such business and industrial activities,
site development parameters and other related matters guaranteeing the long-term ownership, use
and operation of the business and industrial uses and operations permitted for the property. The
City's proposed Congress Avenue mixed use land use and subsequent Mixed Residential, Office
and Commercial District zoning regulations ("MROC") contemplate office and research, general
retail and high density multi-family development as part of the redevelopment plan for the CMU
area.
We are requesting that in the adoption of the CMU land use amendment and the MROC
and zoning regulations that all parcels contiguous to the north, west and south of the Hardrives
Parcel be subject to planning criteria and land development regulations that provide safeguards
~~~~~ \D.\\
Mayor JetTPerlman
City of Del ray Beach
July 31, 2006
Page 2 of2
to the Hardrives Parcel and its operating uses and business activities from interference by
residential development that might be allowed in the proximity of this industrial use. Such
preventive planning and zoning requirements will prevent and/or minimize incompatibility of
land use and development that will exist between the existing industrial use and business
activities and future residential uses.
Thank you for your attention to and inclusion of these recommendations in your CMU
FLUM Amendment and subsequent MROC Mixed Residential, Office and Commercial District
zoning and land development regulations. If you have any questions concerning this request or
desire planning consultants and legal representatives of our company to participate in this
process, please don't hesitate to contact me at your earliest convenience.
Sincerely yours,
HARDRIVES, INC.
xc: Council Members
David T. Harden, City Manager
Paul Dorling, Planning & Zoning Department
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I
CITY COMMISSION DOCUMENTATION
TO:
FROM:
NING AND ZONING
THRU:
SUBJECT: MEETING OF AUGUST 1. 2006 - REVIEW AND TRANSMITTAL OF
THE DRAFT OF THE PROPOSED EVALUATION AND APPRAISAL
REPORT (EAR).
BACKGROUND
The Evaluation and Appraisal Report is the first step in the process for updating the
comprehensive plan. This overall review of the Comprehensive Plan affords an
opportunity to suggest changes or amendments that are needed to update the plan
including reformulated objectives, policies or standards. The last EAR was adopted by
the City Commission on July 9, 1996. The current EAR is scheduled to be transmitted to
the Florida Department of Community Affairs (DCA) for an initial review in August, 2006
and adopted by the City Commission in September, 2006.
In 1998, the legislature amended Chapter 163, Part 2 of the Florida Statutes to
incorporate new criteria for Evaluation and Appraisal Reports. Prior to 1998, the
requirements of the EAR were uniform. Every local government in the State of Florida
had similar Evaluation and Appraisal Reports in terms of contents. The effect of the
1998 legislation was to allow each local government to evaluate only those major issues
that affect its ability to achieve its goals.
Maior Issues
City staff defined the major issues which were reviewed at a meeting of the Planning &
Zoning Board for its recommendation to the City Commission. The major issues were
discussed by city residents at the EAR kick-off meeting on April 24, 2006 and additional
issues were proposed for consideration by the City Commission. The following list of
major issues was approved by the City Commission on May 2, 2006:
1 . The impact of current development trends, market demand and high property
values, along with the effectiveness of redevelopment policies, in achieving a
balanced mix of land uses capable of creating a sustainable downtown.
2. The impact of additional intensity and densities in the downtown area on existing
infrastructure (water, sewer, roads, etc) and services.
3. The effect development trends and the high demand for housing in Delray Beach
has on the availability of workforce housing.
\().~
City Commission Documentation - August 1, 2006 Meeting
Comprehensive Plan Evaluation & Appraisal Report (EAR)
Page 2
4. The ability of the City to continue to increase the level of services through the
provision of new and enhanced programs which are desired by the community,
while controlling the need for additional staff and/or increased financial resources.
5. Availability of an adequate water supply for the future.
6. The effectiveness of existing transportation policies to decrease dependence on the
automobile and encourage the utilization or provision of alternative transportation
systems.
7. The effectiveness of existing policies to stabilize neighborhoods.
8. The impact of new development and redevelopment on green space in the
downtown area.
9. Determine whether existing regulations are adequate to control building mass in
areas of the city other than the downtown.
A Letter of Understanding was sent by the Department of Community Affairs to the City
of Delray Beach on June 8, 2006, agreeing with the list of major issues and the scope of
work outlined by the City.
Public Participation
The City began a recruitment program for public participation in the EAR process in
March, 2006. The City's adopted procedures call for the formation of citizen task teams
for the Housing, Open Space & Recreation, Public Facilities, Conservation and Coastal
Management elements of the comprehensive plan. A press release was issued; a notice
was posted on the City's web site; emails were sent to subscribers of City newsletters
and Board agendas; the Chamber of Commerce sent notices; and a notice was
included on the rear of water bills. The campaign resulted in nearly 100 people who
wished to participate in the process. At its meeting of May 2, 2006, the City Commission
was scheduled to select approximately 40 members for the task teams. However, due
to the large number of volunteers, the City Commission decided to forgo the use of
small committees and instead create a series of community workshops where everyone
could participate. Overall, five workshops were held in May and June to discuss the
Future Land Use, Transportation, Housing, Open Space and Recreation, Public
Facilities, Coastal Management and Conservation Elements.
Oraanization of the EAR
The proposed Evaluation and Appraisal Report (EAR) is divided into five (5) Chapters
as follows:
. Chapter 1 - Introduction: Contains the format of the EAR; and a description of the
EAR process and requirements, including the process for identifying the City's major
issues and the public participation process taken to prepare the EAR. It also
contains a discussion of the relevant changes to the State Comprehensive Plan,
Chapter 163 F.S., the Florida Statutes, the minimum criteria contained in Chapter
9J-5, Florida Administrative Code, and the Treasure Coast Strategic Regional Policy
Plan since the City's last EAR in 1996.
City Commission Documentation - August 1, 2006 Meeting
Comprehensive Plan Evaluation & Appraisal Report (EAR)
Page 3
. Chapter 2 - Community Assessment: Summarizes the changes that have occurred
in the City since the last EAR.
. Chapter 3 - Local Major Issues: Presents an evaluation of the nine (9) major issues
identified by the City of Delray Beach and agreed upon by DCA.
. Chapter 4 - Summary of Each Element: Provides an assessment of the ten (10)
Elements in the City's Comprehensive Plan.
. Chapter 5 - Recommendations: Provides a summary of conclusions and
recommended revisions to the Comprehensive Plan.
PLANNING & ZONING BOARD CONSIDERATION
The Planning and Zoning Board held a public hearing regarding the proposed EAR on
July 24, 2006. After a presentation by staff, the public hearing was opened. Jim Smith
made several comments. Two concerned adding bicyclists to the descriptions of specific
legislative changes referenced in the appendix. This is not appropriate, since the
descriptions as written accurately define the sections in the law. The third comment
related to the accommodation of bicyclists on A-1-A. The fourth comment was a
suggestion to eliminate all parking requirements in the area surrounding the tri-rail
station in the Congress Avenue Mixed Use FLUM designation. This issue can be
addressed with the land development regulations for the district. After discussion, the
Board voted 5-0 (Eliopoulos and Borchardt absent) to recommend transmittal of the
draft EAR to the Florida Department of Community Affairs for initial review.
RECOMMENDED ACTION
By motion, transmit the draft of the proposed Comprehensive Plan Evaluation and
Appraisal Report to the Florida Department of Community Affairs for initial review.
Attachment: Draft Comprehensive Plan Evaluation & Appraisal Report
s:\planning & zoning\longrange\comp\2006 ear\ear city commission xmit.doc
City of Delray Beach
Comprehensive Plan
Evaluation and Appraisal Report
Draft - August 1, 2006
~ \C). ~
CHAPTER 1
Introduction
Table of Contents
Chapter 1 Introduction 1
Background 1
Organization of the EAR 3
Public Participation 3
Identification of the Major Issues 4
Changes in Growth Management Law 5
Chapter 2 Community Assessment 8
Background 8
The Planning Area 8
Changes in Land Area 10
Population Growth 11
Location of Existing Development 12
Vacant Land Analysis 14
Redevelopment in the Coastal High Hazard Area 14
Public School Concurrency 18
Water Supply Planning 18
Chapter 3 Local Major Issues 19
Chapter 4 Element Summaries
Future Land Use Element 30
Transportation Element 33
Housing Element 34
Public Facilities Element 36
Coastal Management Element 37
Conservation Element 39
Open Space & Recreation Element 40
Intergovernmental Coordination Element 41
Capital Improvement Element 42
Public Schools Facilities Element 43
Chapter 5 Recommendations 45
Appendix A
INTRODUCTION
Background
The State of Florida's local government comprehensive planning law, Chapter 163, Part
2, Florida Statutes (F.S), requires that all counties and municipalities throughout Florida
maintain long-range comprehensive planning programs, and that comprehensive
planning is a continuous and ongoing process. The Comprehensive Plan is the primary
growth management planning tool for the City. The Plan describes how the community
looks today and how it is expected to look in the future. It contains policy guidelines for
the control of growth and quality of life in the City and its Planning Area. The Plan is
made up of ten specific elements addressing: Future Land Use, Transportation,
Housing, Infrastructure (Public Facilities), Coastal Management, Conservation, Open
Space and Recreation, Intergovernmental Coordination, Capital Improvements, and
Public Schools. All of the elements are compatible with and complementary to each
other. Together they provide a comprehensive look at the issues facing the City, and
plan for future growth.
In Delray Beach, the Comprehensive Plan is not a static document, but an active
management tool. Regular reviews are performed of the factual information contained in
the Plan. Specific issues of interest to the community are analyzed. New legislation and
information affecting the City are incorporated in the Plan. Since its adoption in 1989,
there have been numerous individual amendments to the text of the Comprehensive
Plan and to the Future Land Use Map. Through these reviews, and resulting
amendments, the Comprehensive Plan is kept reasonably current and reflective of the
City's philosophy of growth management.
Planning in Delray Beach is a continuous and on-going process. Even so, it is
appropriate to periodically step back and look at the Comprehensive Plan as a whole.
The Legislature mandates that the City periodically evaluate the level of success of its
Plan in adequately addressing changing conditions and reflecting changes in State
policy on planning and growth management. That mandate is carried out through the
required preparation of an Evaluation and Appraisal Report (EAR) of the
Comprehensive Plan once every seven years.
The Evaluation and Appraisal Report is the first step in the process for updating the
comprehensive plan. This overall review of the Comprehensive Plan affords an
opportunity to suggest changes or amendments that are needed to update the plan
including reformulated objectives, policies or standards. The last EAR was adopted by
the City Commission on July 9, 1996. The current EAR is scheduled to be transmitted to
the Florida Department of Community Affairs (DCA) for an initial review in August, 2006
and adopted by the City Commission in September, 2006.
In 1998, the legislature amended Chapter 163, Part 2 of the Florida Statutes to
incorporate new criteria for Evaluation and Appraisal Reports. Prior to 1998, the
requirements of the EAR were uniform. Every local government in the State of Florida
had similar Evaluation and Appraisal Reports in terms of contents. The effect of the
City of Delray Beach EAR
Chapter 1 - Page 1
Draft Report 7/24/06
1998 legislation was to allow each local government to evaluate only those major issues
that affect its ability to achieve its goals.
As required by Section 163.3191, F.S., the EAR document contains information
addressing the following:
(a) Population growth and changes in land area, including annexation.
(b) The extent of vacant and developable land.
(c) The financial feasibility of implementing the comprehensive plan and of providing
needed infrastructure to achieve and maintain adopted level-of-service standards
and sustain concurrency management systems through the capital improvements
element, as well as the ability to address infrastructure backlogs and meet the
demands of growth on public services and facilities.
(d) The location of existing development in relation to the location of development as
anticipated in the original plan.
(e) An identification of the major issues and, where pertinent, the potential social,
economic, and environmental impacts of these issues.
(f) Relevant changes to the state comprehensive plan, the requirements of this part,
the minimum criteria contained in chapter 9J-5, Florida Administrative Code, and
the appropriate strategic regional policy plan.
(g) An assessment of whether the plan objectives within each element, as they relate to
major issues, have been achieved, and whether unforeseen or unanticipated
changes in circumstances have resulted in problems or opportunities with respect to
major issues identified in each element.
(h) A brief assessment of successes and shortcomings related to each element of the
plan.
(i) Identification of any actions or corrective measures, including whether plan
amendments are anticipated to address the major issues identified and analyzed in
the report. Such identification shall include, as appropriate, new population
projections, new revised planning timeframes, a revised future conditions map or
map series, an updated capital improvements element, and any new and revised
goals, objectives, and policies for major issues identified within each element.
U) A summary of the public participation program and activities undertaken by the City
in preparing the report.
(k) An assessment of the success or failure of coordinating the future land use map
and associated planned residential development with public schools and their
capacities; and establishing appropriate population projections and planning and
siting of new schools jointly with the school board.
City of Delray Beach EAR
Chapter 1 - Page 2
Draft Report 7/24/06
(I) An assessment of the comprehensive plan with respect to the water management
district's regional water supply plan, including revisions of the potable water element
to include a work plan, covering at least a 10-year period, for building water supply
facilities to serve existing and projected development for which the City is
responsible.
(m) An evaluation of whether any past reduction in land use density within the coastal
high-hazard area impairs the property rights of current residents when
redevelopment occurs. The City will identify strategies to address redevelopment
and the rights of affected residents balanced against public safety considerations.
Organization of the EAR
The proposed Evaluation and Appraisal Report (EAR), addressing the City of Delray
Beach Comprehensive Plan, is divided into five (5) Chapters as follows:
Chapter 1 - Introduction
Chapter 2 - Community Assessment
Chapter 3 - Local Major Issues
Chapter 4 - Summary of Each Element
Chapter 5 - Recommendations
Chapter 1 contains the format of the EAR; and a description of the EAR process and
requirements, including the process for identifying the City's major issues and the public
participation process taken to prepare the EAR. It also contains a discussion of the
relevant changes to the State Comprehensive Plan, Chapter 163 F.S., the Florida
Statutes, the minimum criteria contained in Chapter 9J-5, Florida Administrative Code,
and the Treasure Coast Strategic Regional Policy Plan since the City's last EAR in
1996. Chapter 2 summarizes the changes that have occurred in the City since the last
EAR. Chapter 3 presents an evaluation of the nine (9) major issues identified by the City
of Delray Beach and agreed upon by DCA. Chapter 4 provides an assessment of the
ten (10) Elements in the City's Comprehensive Plan. Chapter 5 provides a summary of
conclusions and recommended revisions to the Comprehensive Plan.
Public Participation
The City began a recruitment program for public participation in the EAR process in
March, 2006. The City's adopted procedures call for the formation of citizen task teams
for the Housing, Open Space & Recreation, Public Facilities, Conservation and Coastal
Management elements of the comprehensive plan. A press release was issued; a notice
was posted on the City's web site; em ails were sent to subscribers of City newsletters
and Board agendas; the Chamber of Commerce sent notices; and a notice was
included on the rear of water bills. The campaign resulted in nearly 100 people who
wished to participate in the process. An EAR kick-off meeting was held on April 24,
2006 to discuss the process with those interested in participating and to solicit
comments on the list of major issues. At its meeting of May 2, 2006, the City
Commission was scheduled to select approximately 40 members for the task teams.
However, due to the large number of volunteers, the City Commission decided to forgo
the use of small committees and instead create a series of community workshops where
City of Delray Beach EAR
Chapter 1 - Page 3
Draft Report 7/24/06
everyone could participate. Overall, five workshops were held in May and June to
discuss the Future Land Use, Transportation, Housing, Open Space and Recreation,
Public Facilities Coastal Management and Conservation Elements.
On July 24, a public hearing of the Planning & Zoning Board was held to discuss the
draft EAR and make a recommendation to the City. The City Commission held a public
hearing on August 1, 2006 to review and transmit the draft to the Department of
Community Affairs for initial comments prior to its scheduled adoption in September.
The public was also invited to participate at the City Commission public hearing in
September to adopt the EAR. The table below outlines the public hearings and
workshops that were involved in the preparation of the EAR.
Table 1
Public Participation Process
Date Meetina Notice
Planning & Zoning Board Agenda posted and emailed to
April 18, 2005 subscribers; Agenda advertised on
identification of major issues Citv's website
Press release; notice posted on the
City's website; emails sent to
April 24, 2006 Ear Kick-off Meeting subscribers of City newsletters and
Board agendas; notice included on
rear of water bills.
Agenda posted and emailed to
May 2, 2006 City Commission Meeting on subscribers; Agenda advertised on
identification of major issues City's website; Emails/phone calls to
volunteers.
May 17, 2006 Press release; notice posted on the
May 31, 2006 City's website; emails sent to
June 3, 2006 Community Workshop Series subscribers of City newsletters and
Board agendas; notice included on
June 10, 2006 rear of water bills; Emails to
June 15, 2006 volunteers.
Planning & Zoning Board Public Agenda posted and emailed to
July 24, 2006 Hearing to review of draft EAR subscribers; Agenda advertised on
Citv's website
City Commission workshop to review Agenda posted and emailed to
August 1,2006 subscribers; Agenda advertised on
d raft EAR Citv's website
City Commission Adoption Public Agenda posted and emailed to
September 18, 2006 subscribers; Agenda advertised on
Hearing Citv's website
Identification of the Major Issues
City staff defined the major issues which were reviewed at a meeting of the Local
Planning Agency (Planning & Zoning Board) for its recommendation to the City
Commission. An EAR kick-off meeting was held on April 24, 2006 to encourage public
participation in the process. The major issues were discussed at this meeting and
additional issues were proposed for consideration by the City Commission. The list of
major issues was finalized and approved by the City Commission on May 2, 2006. A
Letter of Understanding was sent by the Department of Community Affairs to the City of
City of Delray Beach EAR
Chapter 1 - Page 4
Draft Report 7/24/06
Delray Beach on June 8, 2006, agreeing with the list of major issues and the scope of
work outlined by the City.
The City identified the following nine Major Issues:
1. The impact of current development trends, market demand and high property
values, along with the effectiveness of redevelopment policies, in achieving a
balanced mix of land uses capable of creating a sustainable downtown.
2. The impact of additional intensity and densities in the downtown area on existing
infrastructure (water, sewer, roads, etc) and services.
3. The effect development trends and the high demand for housing in Delray Beach
has on the availability of workforce housing.
4. The ability of the City to continue to increase the level of services through the
provision of new and enhanced programs which are desired by the community,
while controlling the need for additional staff and/or increased financial resources.
5. Availability of an adequate water supply for the future.
6. The effectiveness of existing transportation policies to decrease dependence on the
automobile and encourage the utilization or provision of alternative transportation
systems.
7. The effectiveness of existing policies to stabilize neighborhoods.
8. The impact of new development and redevelopment on green space in the
downtown area.
9. Determine whether existing regulations are adequate to control building mass in
areas of the city other than the downtown.
Changes in Growth Management Law
Chapter 163.3191 (2)(f) F. S. requires that the Evaluation and Appraisal Report contain
an evaluation and assessment of relevant changes to the State Comprehensive Pan
(Chapter 187.201, F.S.), Chapter 163, Florida Statutes, Rule 9J-5, Florida
Administrative Code, and the Treasure Coast Regional Planning Council's Strategic
Regional Policy Plan (Chapter 186, F.S.). This analysis was conducted utilizing all of the
changes that have occurred to these documents since 1996, when the City of Delray
Beach adopted its most recent EAR. When an inconsistency was identified, such as a
requirement not currently addressed in the City's Comprehensive Plan, the appropriate
element is identified for update.
Chaoter 163. F.S. Part II, of Chapter 163, F.S., governs county and municipal planning
and land development regulations. Section 163.3164, F.S., otherwise known as the
Local Government Comprehensive Planning and Land Development Regulation Act,
regulates local comprehensive planning in the State of Florida.
Rule 9J-5 F.A.C. Rule 9J-5, F.A.C., establishes the minimum criteria for the preparation,
review and determination of compliance of the comprehensive plans and plan
City of Delray Beach EAR
Chapter 1 - Page 5
Draft Report 7/24/06
amendments pursuant to the Local Government Comprehensive Planning and Land
Development Regulation Act, Chapter 163, F.S
An analysis of all the changes made to Chapter 163, F.S. and Rule 9J-5, F.A.C. since
the time of adoption of the City's previous EAR in 1996 are provided as tables in
Appendix "A" of this report. The changes are summarized by year and include the
corresponding citations. The tables, which provide a determination of consistency with
the City's Comprehensive Plan, indicate which of the new citations have already been
addressed in the Comprehensive Plan, which will require future plan amendments and
which are not applicable to the City of Delray Beach.
State Comorehensive Plan. The State Comprehensive Plan was amended in 1999 to
include policies related to urban policy. Goal 16, originally titled "Downtown
Revitalization" was re-titled "Urban and Downtown Revitalization" and amended to read
as follows: "In recognition of the importance of Florida's vital urban centers and of the
need to develop and redevelop downtowns to the state's ability to use existing
infrastructure and to accommodate growth in an orderly, efficient, and environmentally
acceptable manner, Florida shall encourage the centralization of commercial,
governmental, retail, residential, and cultural activities within downtown areas." Seven
additional policies, numbers 4 through 12, were added to the goal:
4. Promote and encourage communities to engage in a redesign step to include
public participation of members of the community in envisioning redevelopment
goals and design of the community core before redevelopment.
5. Ensure that local governments have adequate flexibility to determine and
address their urban priorities within the state urban policy.
6. Enhance the linkages between land use, water use, and transportation planning
in state, regional, and local plans for current and future designated urban areas.
7. Develop concurrency requirements that do not compromise public health and
safety for urban areas that promote redevelopment efforts.
8. Promote processes for the state, general purpose local governments, school
boards, and local community colleges to coordinate and cooperate regarding
education facilities in urban areas, including planning functions, the development
of joint facilities and the reuse of existing buildings.
9. Encourage the development of mass transit systems for urban centers, including
multimodal transportation feeder systems, as a priority of local, metropolitan,
regional and state transportation planning.
10. Locate appropriate public facilities within urban centers to demonstrate public
commitment to the centers and to encourage the private sector development.
City of Delray Beach EAR
Chapter 1 - Page 6
Draft Report 7/24/06
11.lntegrate state programs that have been developed to promote economic
development and neighborhood revitalization through incentives to promote the
development of designated urban infill areas.
12. Promote infill development and redevelopment as an important mechanism to
revitalize and sustain urban centers.
Treasure Coast Reaional Policv Plan. Chapter 186, F .S. governs the adoption and
revision of the Strategic Regional Policy Plans (SRPP) by Regional Planning Councils.
Based on the 1996 Evaluation and Appraisal Report, the City of Delray Beach
Comprehensive Plan remains consistent with the Treasure Coast Strategic Regional
Policy Plan (TCSRPP), which was adopted on December 15, 1995 and was reviewed
during the TCRPC EAR process in 2000. After final adoption of the TCSRPP update in
2007, the City will evaluate the consistency of the Comprehensive Plan and address
inconsistencies in the City's EAR-based amendments.
City of Delray Beach EAR
Chapter 1 - Page 7
Draft Report 7/24/06
CHAPTER 2
Community Assessment
COMMUNITY ASSESSMENT
Background
Delray Beach is a thriving South Florida coastal community that has grown and
prospered for more than 100 years. Located in the southern end of Palm Beach County,
Delray Beach was settled as an agricultural community in 1895. By 1920, Delray had
had evolved from a small farming community to a developing residential area with a
thriving downtown business district. First incorporated in 1911, it became the City of
Delray Beach on May 11, 1927. The City has experienced substantial growth from
1,015 people in 1920 to 64,000 people today. The City is bordered on the north by the
City of Boynton Beach and the Town of Gulfstream, on the south by the City of Boca
Raton and the Town of Highland Beach; on the west by unincorporated Palm Beach;
and on the east by the Atlantic Ocean.
The Planning Area
The Charter for the City of Delray Beach established the "Greater Delray Beach Area".
That area exceeded the municipal boundaries and provided that the City could annex
properties within it (Le. a "reserve annexation area"). Since the Charter was adopted,
the City has enacted numerous annexations. Through 1987, these annexations had
mostly been voluntary and were usually associated with proposed development seeking
municipally provided services (water, sewer, fire, police, street maintenance). That
annexation process led to the creation of numerous County islands or "enclaves".
Following enactment of special legislation entitled the "Delray Beach Enclave
Annexation Act", the City in 1988 unilaterally annexed approximately 1,300 parcels
located within 68 enclaves which comprised 834 acres and a population of
approximately 3,100 individuals.
Upon adoption of the 1989 Comprehensive Plan, the City's "reserve annexation area"
was replaced by the boundaries of its "Official Planning Area". The Official Planning
Area is the area for which most calculations and projections in the Comprehensive Plan
are predicated upon. It is also the area which is projected to be the ultimate
incorporated area for the City of Delray Beach. The actual limits of the Planning Area
are shown on Map 1. The City may provide a full or limited range of municipal services
to the unincorporated portion of the Planning Area, before annexation. The City also
provides limited services to adjacent municipalities, which are not in the Planning Area,
including water, fire protection/emergency services, and limited sewer services to the
Town of Gulf Stream and the Town of Highland Beach, all on a contract basis.
City of Delray Beach EAR
Chapter 2 - Page 8
Draft Report 7/24/06
COMPREHENSIVE PLAN
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Changes in land Area
At the time of adoption of the 1996 Evaluation and Appraisal Report, The City of Delray
Beach consisted of approximately 15.1 square miles, with a total planning area of 16.5
square miles. Since 1996, the City has processed 20 annexations including
approximately 202 acres of land, thereby increasing the incorporated area to 15.4
square miles. The current City boundaries are depicted on Map 1. The following table
provides a list of these annexations.
Table 2
Annexations
DATE DESCRIPTION
ANNEXED
09-17-96 Carusillo and Evans Property
A 3.76 acre parcel located on the west side of Military Trail, approximately 1,400 feet
south of Atlantic Avenue.
11-19-96 Rosacker Property
A 5.32 acre parcel of land located on the west side of Gallagher Road, at the
intersection of Gallagher Road and Bradv Boulevard.
6-16-98 Carusillo/Evans North Parcel
A 4.19 acre parcel located on the west side of Military Trail, approximately 700 feet
south of Atlantic Avenue.
10-20-98 Palm Gardens at Delray
A 8.68 acre parcel located approximately 280 feet south of West Atlantic Avenue
between Militarv Trail and Markland Lane.
1-05-99 Boca Delray Animal Hospital
A 0.172 acre parcel located on the north side of Jefferson Road, approximately 100'
east of Military Trail and 600' south of Atlantic Avenue.
8-15-00 Delray Professional Office Center
A 1.30 acre parcel located on the north side of West Atlantic Avenue, approximately
1,600 feet east of Barwick Road, between the Villas D'Este and Windy Creek
Subdivisions.
12-05-00 Palm Court Plaza
A 14.19 acre parcel located at the southwest corner of Linton Boulevard and Military
Trail.
3-20-01 Priest Property
A 1.01 acre Darcel at the northwest corner of Barwick Road and L-31 Canal.
10-02-01 Fanelli Property
2.65 acres located on the east side of Military Trail, Approximately 2,300 feet north of
Atlantic Avenue, immediatelv east of the Bovs Farmer's Market.
1-08-02 Mason Property
A 0.88 acre parcel located on the west side of Barwick Road, approximately 500 feet
south of Sabal Lakes Road.
8-06-02 Barwick Area Parcels
54.5 acres located south of the L-30 Canal between Barwick Road and Militarv Trail.
8-06-02 Winterplace PUD
A 34.6 acre oarcellocated at the southeast corner of the L-30 Canal and Militarv Trail.
8-20-02 Koeser Residence
A 0.88 acre parcel located on the west side of Barwick Road, approximately 260 feet
north of the L-31 canal (13341 Barwick Road),
12-06-04 Tire Kingdom
A 0.99 acre parcel located at 5005 Conklin Drive (northwest corner of Military Trail
and Conklin Drive).
City of Delray Beach EAR
Chapter 2 - Page 10
Draft Report 7/24/06
DATE DESCRIPTION
ANNEXED
1-18-05 Gramercy Square
A 5.82 acre parcel located 260 feet west of Military Trail and 710 feet south of West
Atlantic Avenue.
4-19-05 Country Club Acres
A 18.06 acre subdivision located on the east side of Military Trail, 160' south of
Atlantic Avenue.
9-20-05 Delray Medical Center
A 30.74 acre parcel located on the south side of Linton Boulevard, approximately
1,240 feet west of Military Trail.
9-6-05 Watkins Motor Lines Truck Terminal
Valero Gas Station
Public Self Storage Facility
9.13 acres located on the west side of Military Trail, approximately 1,400' south of
Lake Ida Road.
9-20-05 Gramercy Square II
A 4.85 acre parcel located on the west side of Military Trail, approximately 710 feet
south of Atlantic Avenue.
Population Growth
Based on the population projections included in the last EAR, the 1996 population of the
City of Delray Beach was comprised of 54,508 permanent residents and the 2005
projected population was 59,103 permanent residents. As shown Table 3 below, the
population projections made in the 1996 EAR were substantially lower than the
corresponding 2000 Census figure and subsequent BEBR estimates. Given the large
adjustment in 2000, it's obvious that the population had been growing at a much higher
rate than estimated since the prior Census in 1990, thereby skewing the projections
downward.
Table 3
1996 EAR Population Projections vs. 2000 Census and BEBR Estimates
Year 1996 EAR Census/BEBR Difference % Difference
1996 54,508
2000 56,550 60,020 3,470 +6.1%
2001 57,060 60,645 3,585 +6.28%
2002 57,571 61,527 3,956 +6.87%
2003 58,081 62,578 4,497 +7.74%
2004 58,592 63,439 4,847 +8.27%
2005 59,109 63,888 4,779 +8.09%
As indicated in Table 4, the current estimated population of the City of Delray Beach is
63,888. The City's population is expected to increase by 7.7% to 68,829 by the year
2010 and by 15.4% to 73,736 by the year 2015.
City of Delray Beach EAR
Chapter 2 - Page 11
Draft Report 7/24/06
Table 4
Population Projections
Year Permanent
Population
1996 54,508
2000 60,020
2005 63,888
2010 68,829
2015 73,736
Location of Existing Development
As the distribution of land uses indicates (Map 2 and Table 5), the City is primarily
residential in nature, with a moderate amount of commercial land. Residential and
vacant land is found throughout the Planning Area, both east and west of 1-95.
Commercial uses are mainly clustered in commercial "corridors", located along major
roadways, such as Federal Highway and Linton Boulevard. The small amount of
industrial land is primarily located adjacent to 1-95, on either side.
Table 5
Existing land Use Inventory
1996 vs. 2006
1996 2006
LAND USE ACRES PERCENT ACRES PERCENT
RESIDENTIAL 5,919 58.2% 6,826 67.2%
COMMERCIAL 987 9.7% 1,016 10%
INDUSTRIAL 362 3.6% 411 4%
VACANT & AGRICULTURE 1,141 11.2% 96 0.9%
RECREATION. OPEN SPACE.
AND CONSERVATION 1,311 12.9% 1,321 13%
EDUCATION AND
PUBLIC FACILITIES 443 4.4% 492 4.8%
TOTALS 10,162 100% 10,162 100%
*
The above table provides a breakdown of existing land uses for the City and remaining Planning
Area. These figures exclude the right-of-way for 1-95, arterial roadways, and the surface area for
Lake Ida and the Intracoastal Waterway.
A substantial amount of development has occurred in the Delray Beach Planning Area
since adoption of the 1996 Comprehensive Plan. With over 99.1 % of the total land area
now developed, the city is nearly completely built out in terms of land area. In addition to
the development of vacant parcels throughout the City, there was a substantial amount
of redevelopment during this period in the downtown area.
City of Delray Beach EAR
Chapter 2 - Page 12
Draft Report 7/24/06
COMPREHENSIVE PLAN
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CITY OF DELRAY BEACH, FLORIDA
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The success of the City's efforts to revitalize the downtown and policies to create a
sustainable downtown resulted in a significant number of residential units being
constructed in mixed-use and free standing residential developments in the downtown
area. With the exception of Atlantic High School, which was relocated west of 1-95 on
residential property, development has generally occurred where it was anticipated.
Vacant Land Analysis
Of the remaining 106 acres of vacant land in the Planning Area (as shown on Map 3),
only 30 acres is available in Residential land use categories, in aggregated tracts of 1
acre or more. It is noted, however, that there are lots available for infill residential
development (on tracts of less than 1 acre). With residential development also possible
within the Commercial and Transitional land use categories, there is an overall potential
of 552 additional residential units. In addition, to this potential for residential
development, there are approximately 5.6 acres available for commercial development,
and another 34 acres are suitable for commerce (all in aggregated tracts of one acre or
more). Table 6, below provides a complete breakdown of the vacant property by land
use category. None of the above mentioned available vacant land is identified as having
any soils, topographic, or historic constraints, which would preclude development.
Table 6
Vacant land Analysis
LAND USE CA TEGORY ACRES PERCENT
RESIDENTIAL 29.8 28.1%
COMMERCIAL 5.6 5.3%
COMMERCE 34.3 32.4%
INDUSTRIAL 11.4 10.8%
COMMUNITY FACiliTIES 1.0 0.9%
TRANSITIONAL 22.6 21.3%
OPEN SPACE 1.3 1.2%
TOTALS 106 100%
Redevelopment in the Coastal High Hazard Area
The State defines Coastal High Hazard Areas (CHHA) in 9J-5.003(17) as: "the
evacuation zone for a Category 1 hurricane as established in the regional hurricane
evacuation study applicable to the local government." For the City of De/ray Beach, this
study is the Florida Hurricane Evacuation Study for the Treasure Coast (Post, Buckley,
Shuh & Jernigan, 1993). The western limits of the area are generalized in Map 4. The
site-specific limits of the coastal high-hazard area are based on vertical ground
elevations below 6.3 NGVD. Therefore, significant portions of the area mapped in Map
#27 are not, technically, in the Coastal High Hazard Area due to property elevation. The
actual evacuation area in Delray Beach consists of the entire barrier island, together
with mobile home parks, as directed by the Palm Beach County Division of Emergency
Management. These areas are evacuated more because they can be isolated from
emergency services than the threat of flooding.
City of Delray Beach EAR
Chapter 2 - Page 14
Draft Report 7/24/06
COMPREHENSIVE PLAN
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SOURCE: FLORIDA HURRICANE SURGE ATLAS,
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CATEGORY 1 HURRICANE SURGE LIMIT.
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The CHHA is comprised of several future land use map designations, including Low
Density Residential, Medium Density Residential, Commercial Core, General
Commercial, and Community Facilities. Maximum residential density within the CHHA is
12 units per acre. Since the time of adoption of the Comprehensive Plan, as amended
in 1996, the City has not decreased residential density for any properties in the CHHA.
Therefore, the property rights of residents in the CHHA have not been impaired. The
City has permitted redevelopment to occur in the CHHA consistent with adopted future
land use designations.
The Coastal Management Element of the City's Comprehensive Plan currently contains
the following objective and policies that address development and redevelopment within
the Coastal High Hazard Area:
Objective C-3: The development of vacant and under-developed land on the barrier
island shall occur in a manner which does not change the character, intensity of use, or
demand upon existing infrastructure in the Coastal Planning Area.
Policy C-3.4: Development in the Coastal Planning Area shall be subject to the same
findings of concurrency as is required for other development in the City and shall
additionally include a finding that such development is consistent with the densities
proposed by the Future Land Use Element, except as provided in Policy C-3.5, and is
consistent with coastal resource protection and safe evacuation programs.
Policy C-3.5: Whenever a residential, hotel, motel, or resort dwelling unit structure is
destroyed to an extent of greater than 50% of its value by disaster, the structure may be
rebuilt to pre-disaster densities and heights if permit applications are submitted within
one year following the disaster. Current fire and building codes shall be met; current
parking, building setbacks, and landscape requirements shall be complied with as
closely as possible. For purposes of this policy, disaster means any non-self imposed
catastrophic damage including, but not limited to, fire, flood and storm.
Policy 0-3.3: Whenever a structure is damaged to an extent of greater than 50% of its
value, it shall not be reconstructed unless such reconstruction complies with the
requirements of the zoning district which applied to the property, except as provided in
Policy C-3.5, and with the policies of the Coastal Management Element of the
Comprehensive Plan.
Post disaster redevelopment will replicate the existing land use pattern and character in
the Coastal Planning Area. The Coastal Planning Area will remain primarily residential
with a high level of public access to the beach. Commercial uses are restricted to the
area along Atlantic Avenue and its intersection with SR A 1 A. Except as provided in the
one-year grace period for the post-disaster reconstruction of residential, hotel, motel, or
resort dwelling unit structures, all redevelopment will be required to conform to existing
criteria as described in the Land Development Regulations. Since the City of Delray
Beach has policies in place that adequately address the property rights of residents
balanced with public safety considerations, no comprehensive plan amendments are
necessary to address this issue.
City of Delray Beach EAR
Chapter 2 - Page 17
Draft Report 7/24/06
Public School Concurrency
Local governments are required to comply with new school planning and coordination
requirements. Palm Beach County, the School Board of Palm Beach County and the 26
participating municipalities, which include the City of Delray Beach, are exempt due to
the implementation of school concurrency in Palm Beach County beginning in 2002.
Countywide school concurrency will ensure that school capacity at the adopted level of
service (LOS) standard is available at the time of impact of new residential
development. Palm Beach County was the first jurisdiction in the State of Florida to
successfully implement this process. School concurrency in Palm Beach County
became effective in June of 2004. A summary of successes related to public schools
and planning is described in Chapter 4, the Analysis of the Public School Facilities
Element.
Water Supply Planning
Legislation passed by the State in 2002 requires local governments to prepare a 10-
year Water Supply Facilities Work Plan. In 2005, the required date for adoption of the
Work Plan was changed from December 1, 2006 to within 18 months after the
governing board approves an updated regional water supply plan. The update of the
Lower East Coast Water Supply Plan, being prepared by South Florida Water
Management District, is not yet approved. The City will adopt a work plan within the
required time frame.
Begun last year, the initial phases of the Delray Beach Reclaimed Water Project is
complete, providing irrigation at the Delray Beach Golf Club, Lake View Course and
Hamlet Golf Courses. It is now being extended to the Del-Aire Golf Course. Commercial
development and homeowners associations with master irrigation systems along the
transmission lines are also being connected to the system. Due to their high demand,
golf courses have their own well systems for irrigation. Therefore, the switch to
reclaimed water does not reduce the demand for potable water. It does, however
reduce the overall withdraw from the shallow aquifer. Since this aquifer is a primary
source of fresh water in the region, the overall demand on the system is reduced and
the additional capacity can be use elsewhere. The use of reclaimed water for
commercial and residential properties that currently use potable water will result in an
overall reduction in demand. Making this service available throughout the City is a long
term project which is dependant on the availability of funding. However, when it is
completed, it is expected to significantly reduce the demand for potable water. In
addition to the conservation of potable water supplies, utilizing reclaimed water for
irrigation will ultimately save residents and businesses money by diminishing their use
of potable water for irrigation and other non-potable uses.
City of Delray Beach EAR
Chapter 2 - Page 18
Draft Report 7/24/06
CHAPTER 3
Local Major Issues
LOCAL MAJOR ISSUES
Issue #1
The impact of current development trends, market demand and high property values,
along with the effectiveness of redevelopment policies, in achieving a balanced mix of
land uses capable of creating a sustainable downtown.
Analysis
One of the most important objectives of the City's overall housing policy is the
establishment of housing in the downtown area. In the years since adoption of the 1989
Comprehensive Plan, the downtown has changed from a somewhat sleepy, seasonally
oriented shopping district to a vibrant year-round retail, service, and entertainment area
with an active nightlife. A critical missing element is a significant housing development.
The City recognizes the importance of providing housing in close proximity to shopping,
employment, and transportation, and the need to have a residential base to support the
businesses in the downtown area. Through the City's efforts to promote and encourage
housing downtown, and the overall success of the revitalization, the downtown area has
become a major attraction for redevelopment of older, obsolete commercial structures
with new residential and mixed use developments. The size of development projects
has gone from one or two lots to complete blocks. However, even though this is a step
in the right direction, additional housing is still necessary to create a sustainable
downtown.
Until recently, with the downturn in the housing market, the primary downtown market
demand was for residential units. Escalating property values and construction costs
resulted in the need for higher intensities and densities to make projects economically
feasible. The high demand for housing has resulted in the net loss of commercial space.
Although mixed-use development projects have been approved, the residential
component in these projects far outweighs the commercial component. The "Downtown
Master Plan" and the "2004 Patron Profile, Cluster Analysis and Retail Development
Strategy Update" both support the need for additional downtown commercial
development. It is recommended that new policies be adopted to encourage the
development of a balanced downtown. These could include such items as a restriction
of residential development on the ground floor on major retail streets; and reduced
parking requirements for balanced mixed-use developments.
Another factor in the creation of a sustainable downtown is the location and mix of
commercial uses. The aforementioned Cluster Analysis identifies the appropriate mix for
each of the City's eight downtown clusters. Currently, all of the allowed uses within the
central business district are permitted throughout the district. With market demand as
the only force on what use goes where, a less than perfect situation as it relates the mix
of uses has occurred. It is recommended that new policies be adopted to encourage the
appropriate mix and location of commercial uses downtown. These could include such
items as the restriction of uses on the ground floor that interrupt pedestrian flow; setting
caps for individual uses in each cluster; and amending the permitted uses within the
district based on cluster.
City of Delray Beach EAR
Chapter 3 - Page 19
Draft Report 7/24/06
Issue #2
The impact of additional intensity and densities in the downtown area on existing
infrastructure (water, sewer, roads, etc) and services.
Analysis
This was identified as a potential concern early on in the redevelopment of downtown.
The City has implemented water, sewer and drainage upgrade programs which receive
annual CIP allocations. The emphasis has been placed on where deficiencies have
existed downtown and concerns over this issue have correspondingly diminished. In
terms of the impact on downtown roadways, the City first accepted a lower level of
service along Atlantic Avenue in the late 1980's, when it resisted the efforts of the
Florida Department of Transportation (FOOT) to widen the road from two to four lanes.
With the establishment of the TCEA (Traffic Concurrency Exception Area), which
encompasses the CBD, CBD-RC, and OSSHAD zoning districts, in 1995, it was again
acknowledged that the roadways within the downtown area would experience increased
congestion and operate at a lower level of service than allowed elsewhere in the City.
The TCEA report projects a reduced LOS for several roadways within the TCEA
including LOS "E" for Atlantic Avenue between Swinton Avenue and US-1 and LOS "F"
for Swinton Avenue between Atlantic Avenue and Lake Ida Road. The intensification of
development within the area covered by the TCEA was contemplated and factored into
these projected levels of service.
Concurrency findings are required for all new projects during the site plan review
process and impacts on infrastructure are addressed prior to approval. Overall, as
additional densities and intensities are introduced through redevelopment of the
downtown, the City should continue to monitor this and direct appropriate resources to
meet any needs.
City of Delray Beach EAR
Chapter 3 - Page 20
Draft Report 7/24/06
Issue #3
The effect development trends and the high demand for housing in Delray Beach has on
the availability of workforce housing.
Analysis
A housing needs study for Palm Beach County, prepared by Warner Real Estate
Advisors, Inc., indicates that median home prices have increased drastically in the last
five years. As shown in Table 7, during this 5-year time period, the median price of new
homes increased by 102% and used homes increased by 139%. During that same
period of time the land available for residential development was reduced by 6%. That
is, the eastern County was 80% built out in 2000 and by 2005 the eastern County was
nearly 86% built out. The Study indicates that as we approach the assumed maximum
of 702,000 homes in eastern Palm Beach County, the price should escalate sharply.
Table 7
Median Housing Prices
Home Type 2000 2001 2002 2003 2004 2005 Numeric Percent
Change Increase
New Home
Both $187,200 $191,285 $219,268 $264,647 $291,553 $321,194 $133,994 72%
SF $188,311 $191,980 $219,303 $267,800 $319,490 $381 ,157 $192,846 102%
Condo $125,000 $153,700 $210,606 $206,795 $219,700 $229,900 $104,900 84%
Used Home
Both $118,000 $125,140 $143,641 $169,900 $218,000 $300,000 $182,000 154%
SF $138,000 $149,500 $170,000 $200,000 $255,980 $329,900 $191,900 139%
Condo $70,000 $74,500 $85,900 $108,000 $149,900 $205,000 $135,000 193%
Source: Housing Needs Study Palm Beach County Florida, April 15, 2006, Warner Real Estate Advisors, Inc.
As shown in Table 8, below, between 2005 and 2010, nearly 71% of owner-occupied
units and 100% of rental units will be needed for very low to moderate income families.
Between 2010 and 2015, the need for affordable units drops to 62% of owner-occupied
units and 77% of rental units.
Table 8
Forecast Need For Affordable Housing
Income Level Owner Occupied Units Renter Occupied Units
2005 . 2010 2010 - 2015 2005 - 2010 2010.2015
Very Low 435 24.7% 398 21.6% 441 74.7% 422 40.5%
Low 378 21.4% 344 18.7% 149 25.3% 193 18.5%
Moderate 435 24.7% 398 21.6% 0 0% 189 18.1%
Above Moderate 516 29.3% 701 38.1% Q 0% 239 22.9%
TOTALS 1,764 100% 1,841 100% 590 100% 1,043 100%
Source: Reinhold P. Wolff Economic Research, Inc., 2006
City of DeJray Beach EAR
Chapter 3 - Page 21
Draft Report 7/24/06
This need has required the City to be proactive and approach this issue from multiple
fronts. First, a workforce housing ordinance, which allows additional market rate bonus
units in exchange for the creation of workforce housing units, has been enacted. This
ordinance is continually being modified to add areas subject to the ordinance and other
modifications to increase its attractiveness and effectiveness. Recent changes include
the requirement for workforce units to be constructed in downtown projects with a
conditional use for increased height or densities; and the minimum lot width required for
the development of nonconforming lots of record has been reduced when workforce
units are constructed. Secondly, the City's CRA (Community Redevelopment Agency) is
actively aggregating land for the construction of workforce units, particularly in the
southwest neighborhood redevelopment area. A community land trust has recently been
established by the City and the CRA as an outgrowth of a process began in 2000 to
create the City of Delray Beach's Downtown master plan. The master plan emphasized
the connection between downtown and the surrounding residential neighborhoods. The
master plan's housing goals emphasized the City's commitment to a diversity of housing
stock and the provision of affordable housing in neighborhoods throughout the
community by emphasizing development without displacement. The creation of the land
trust was a key recommendation of the SW Neighborhood Redevelopment Plan,
adopted by the City Commission in 2003.
While four new developments in the city have been recently approved with workforce
housing components, many more are needed. The workforce housing ordinance
includes density bonuses for the development of workforce housing in most of the RM
(Multi-Family Residential Medium Density) zoned property in the eastern part of the
City. Flexibility has been built into the Ordinance to allow developers to chose what will
work best for them. Although monetary contributions to the Community Land Trust, and
the offsite development of workforce units are available options under the City's
workforce housing ordinance, the emphasis is on the integration of workforce units into
market rate developments. This has been accomplished at three of the four approved
projects, CODA development, Village Parc and Banyan Village. The fourth
development, 10th Street Townhomes is a CRA redevelopment project in the southwest
Neighborhood. All of the townhomes are workforce units.
The City is currently expanding the workforce program to include a Future Land Use
designation in the congress Avenue corridor. This mixed use district will consist of
Commercial, Office and Residential uses. To encourage residential development, higher
densities will be permitted, between 40 and 50 units per acre. Twenty percent of the
residential units must be workforce units. Continued commitment to the provision of
workforce housing will be emphasized with the EAR based amendment.
City of Delray Beach EAR
Chapter 3 - Page 22
Draft Report 7f24f06
Issue #4
The ability of the City to continue to increase the level of services through the provision
of new and enhanced programs which are desired by the community, while controlling
the need for additional staff and/or increased financial resources.
Analysis
Since the last Evaluation and Appraisal Report, the City has continued to place a high
value on the provision of exemplary service to its residents and this is something that
the residents of Delray Beach have come to expect. While many programs have been
enhanced and new programs have been initiated, the City's millage rate has remained
about the same. Increased costs have been accommodated through double digit
increases in property values. If property values stop increasing at the current rate, there
will be a need for alternative funding sources to maintain level of services. The overall
financial feasibility of the Comprehensive Plan will be addressed with the EAR based
amendment.
City of Defray Beach EAR
Chapter 3 - Page 23
Draft Report 7/24/06
Issue #5
A vailability of an adequate water supply for the future.
Analysis
Water treatment is provided by the City of Delray Beach at the Water Treatment Plant.
The geographic service area coincides with the Planning Area plus service provided to
the Town of Gulf Stream through contract as a bulk customer. The service area
encompasses approximately 18 square miles. The treatment plant was constructed in
1972, with a programmed life of 50 years (2022). Adequate capacity is available for the
projected population growth beyond the 10 year planning period. A capacity study
update will be prepared in FY06/07 to update the capacity analysis for the City system.
A 10-year Water Supply Facilities Work Plan will be adopted by the City within 18
months after the governing board approves an updated regional water supply plan
being prepare by the South Florida Water Management District.
City of Delray Beach EAR
Chapter 3 - Page 24
Draft Report 7/24/06
Issue #6
The effectiveness of existing transportation policies to decrease dependence on the
automobile and encourage the utilization or provision of alternative transportation
systems.
Analysis
The current plan's objectives have been effective in increasing awareness of alternative
modes of traffic and the City continues to initiate activities identified in related policies.
A good example is the City's Shuttle service due to start in the upcoming months.
Additional expansion is being explored at this time to provide early morning and evening
service, allowing opportunities for employees to commute to work downtown.
Improvements to sidewalks and the provision of bicycle facilities, i.e. bike racks, with
downtown development are being implemented. Bicycle lanes or 14 foot curb lanes are
proposed with recently approved road projects, including a compromise reached in the
resurfacing of A 1 A. The City has recently installed bus shelters at many stops
throughout the City and the need for dedication of land for new shelters is considered
during the site plan review process. The city is moving toward a centralized garage
system in the downtown area. These garages will be appropriately placed to allow
visitors to park once and shop, instead of moving their vehicle from site to site. Linkages
to the garage system to the new shuttle route and bus stops are being considered.
During the public hearing process there was emphasis placed on continued
improvement in safety and a desire to continue and enhance the promotion of
alternative modes of transportation. One way to accomplish this is to encourage people
to walk. Street trees and awnings or other architectural elements for shade and rain
protection, benches to rest and security conscious street lighting should be provided
where appropriate for all new development projects. The City is also participating in the
South Florida East Coast Corridor Study and is trying to get stop in Delray Beach. The
railroad parking lot, north of East Atlantic Avenue would be appropriate for this stop and
has adequate area to support the construction of a parking structure. It is recommended
that this lot be so designated with the EAR based amendments.
City of Delray Beach EAR
Chapter 3 - Page 25
Draft Report 7/24/06
Issue #7
The effectiveness of existing policies to stabilize neighborhoods.
Analysis
The existing policies have been very effective at stabilizing neighborhoods. A review of
neighborhood categorizations has been completed and it is noted that most
neighborhoods have been upgraded and the Redevelopment Category has been
eliminated. The revised Residential Neighborhood Categorization Map should adopted
as part of the EAR based amendments.
City of Delray Beach EAR
Chapter 3 - Page 26
Draft Report 7/24/06
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Issue #8
The impact of new development and redevelopment on green space in the downtown
area.
Analysis
With recent downtown development, concerns over diminished green spaces within
developments have surfaced. The land development regulations for the downtown area
have minimal requirements (0-10% minimum) for green/open space. These
requirements are consistent with dense urban development appropriate for a downtown
area. That said, green space contributes to the quality of life for urban dwellers and
common green spaces can provide that need. The city is in the process of creating an
urban park just east of Old School Square to provide this opportunity. Additional
opportunities should be explored and policies to that effect should be added during the
EAR based amendments.
City of Delray Beach EAR
Chapter 3 - Page 28
Draft Report 7/24/06
Issue #9
Determine whether existing regulations are adequate to control building mass in areas
of the city other than the downtown.
Analysis
Current design guidelines require mandatory upper floor offsets to control the mass and
scale of downtown buildings. These types of controls are appropriate in the downtown
areas to offset decreased setbacks which push buildings very close to the street. In the
balance of the City, more suburban setbacks apply to commercial and office districts.
These increased setbacks mitigate scale and mass in areas outside the downtown area.
The North Federal Highway area is different in this respect. Like the downtown area,
setbacks have been reduced to place buildings closer to the streets and encourage
parking to be placed in the rear. Design guidelines would be appropriate in this area. It
is recommended that a policy be added to develop guidelines for this area.
With the enactment of innovative zoning initiatives to encourage mixed use
development in the Congress Avenue corridor and the Four Corners Area at Military
Trail and West Atlantic Avenue, overlay districts or form based codes with additional
design criteria may be appropriate. A policy to evaluate the need for these measures
should be added during the EAR based amendments.
City of Delray Beach EAR
Chapter 3 - Page 29
Draft Report 7/24/06
CHAPTER 4
Element Summaries
ELEMENT SUMMARIES
Future Land Use Element
Element Overview:
The purpose of the Future Land Use Element is to delineate the City of Delray Beach's
vision of how the community will be developed, redeveloped, and maintained. The
Element establishes appropriate land use categories and anticipated intensities and
densities city-wide. The Element also provides an inventory of land uses, vacant lands,
well fields, special flood areas, nature areas, historic areas, and other land development
activities. The Element identifies the City's alternate planning area and the desired land
use categories and population projections associated with ultimate development.
There are four broad goals to guide planning and development activities within the City.
These include the appropriate development and redevelopment of land, the appropriate
provisions of services, redevelopment and renewal of blighted areas, and continued
cooperation with the School District and enhancement of schools within the City limits.
The goal relating to appropriate development and redevelopment is to be achieved by
maintaining appropriate land use intensities, eliminating inconsistent uses, retention of
open space and natural areas, encouraging historic preservation, and reevaluating and
consistently updating development regulations. Additional innovative techniques are to
be applied to address evolving issues like workforce housing. Provision of services is
achieved through appropriate accommodation of the impacts created by new
development either as requirements of development approval or improvements funded
through the City's Capital Improvement Program. Redevelopment and renewal of
blighted areas is achieved through the adoption and implementation of redevelopment
plans, provision of economic development activities (cultural arts initiatives, expansion
of Old School Square, etc.) and continued revitalization activities.
Continued cooperation and enhancement of schools is achieved by supporting policies
of the school board which encourage appropriate diversity, neighborhood enhancing
activities, appropriate placement of school facilities, and providing opportunities for
enhanced student achievement.
Element Assessment:
The objectives of the Future Land Use Element have either been achieved or are being
achieved. Changes that are affecting this element include continuing pressure to control
growth. Issues around appropriate intensities and densities have become more
prevalent with increased urbanization of the downtown area. However, all of this
development has occurred consistent with the adopted Downtown Master Plan. While
these concerns do not appear to be shared by the majority of the community, they are
the concern of a vocal portion of the community. The City Commission has responded
to legitimate concerns over compatibility, particularly to the development at the borders
of the Downtown, by adopting additional regulations requiring development intensity
City of Delray Beach EAR
Chapter 4 - Page 30
Draft Report 7/24/06
reduction and appropriate transitional treatments. Further, protecting the character of
existing historic resources and districts have become a concern as the tear down and
rebuilding of massive homes in the historic districts has escalated. The City has
responded with a temporary moratorium and undertaken the creation of historic district
guidelines to assure development or redevelopment is consistent with the prevailing
character of the districts.
Redevelopment and renewal has continued through creation and implementation of
redevelopment plans called for in the Comprehensive Plan. In addition, other initiatives
have been implemented, including the formation of STTs (Strategic Task Teams), to
plan and implement improvements to certain targeted neighborhoods. Given the
successes of these type of programs and implementation of redevelopment plans,
changes to both the Future Land Use and Housing Element to eliminate the
Redevelopment designations and shift the emphasis to revitalization and rehabilitation
activities will dominate the EAR changes.
As noted, the emphasis on Historic Preservation will continue and additional policies will
need to be added to address increased development pressures in each of the districts.
These policies will incorporate any recommendations that come out of the current
development of Historic Preservation guidelines. Objectives, which relate to modifying
the LDRs are, and will continue to be, utilized to apply reasonable and appropriate
controls on growth, particularly as they relate to compatible and harmonious
development and redevelopment.
Objective Achievement with Regard to Major Issues:
Major Issue #1 (balance of mix of land uses in creating a sustainable downtown): The
establishment of residential units downtown continues to be a critical need as identified
in Objective B-2. This need is vital in creating a local demand for services and lessening
the reliance on other customer bases. However, the balance of non-residential land
uses continues to be a challenge. With a reluctance of some new developments to
include a mixed use component, and challenges with appropriate retail and restaurant
mixes identified in Downtown Cluster Study, additional policies to achieve an
appropriate mix must be explored as part of the EAR based amendments.
Major Issue #2 (impact of development in downtown on infrastructure): This issue was
identified as a potential concern early on in the redevelopment of downtown. The City
has implemented water, sewer, and drainage upgrade programs which receive annual
CIP allocations. The emphasis has been placed on where deficiencies have existed
downtown and concerns over this issue have correspondingly diminished. As additional
densities and intensities are introduced downtown the city should continue to monitor
this issue and direct appropriate resources were needed.
Major Issue #3 (availability of workforce housing): The City has approached this issue
from multiple fronts. First, the City has created a workforce housing ordinance, which
allows additional market rate bonus units in exchange for the creation of workforce
housing units. This ordinance is continually being modified to add areas subject to the
ordinance and other modifications to increase its attractiveness and effectiveness.
City of Delray Beach EAR
Chapter 4 - Page 31
Draft Report 7/24/06
Secondly, the City's CRA (Community Redevelopment Agency) is actively aggregating
land and initiated construction of workforce units, particularly in the Southwest
Neighborhood Redevelopment Area. A community land trust has been established by
the City and the CRA as an outgrowth of a process began in the late 1990's to create
the City of Delray Beach's Downtown Master Plan. The master plan's housing goals
emphasized the City's commitment to a diversity of housing stock and the provision of
affordable housing in neighborhoods throughout the community by emphasizing
development without displacement. The creation of the land trust was a key
recommendation of the SW Neighborhood Redevelopment Plan, adopted by the City
Commission. With the EAR based amendment, continued commitment to workforce
housing will be emphasized.
Major Issue #8 (impact on green space): With recent downtown development, concerns
over diminished green spaces within developments have surfaced. The land
development regulations for downtown have minimal requirements (0-10% minimum)
for green/open space. These requirements are consistent with dense urban
development, appropriate for a downtown area. That said, green space contributes to
the quality of life for urban dwellers and common green spaces can provide that need.
The city is in the process of creating an urban park just east of the Old School Square,
as identified in Open Space and Recreation Element Policy A-2.15, to provide this
opportunity. Additional opportunities should be explored and policies to that effect
should be added during the EAR based amendments.
Major Issue #9 (effectiveness of regulations on controlling building mass): Current
design guidelines require mandatory upper floor offsets to control mass and scale of
downtown buildings. These types of controls are appropriate downtown to offset
decreased setbacks which push buildings very close to the street. In the balance of the
City, more suburban setbacks apply to commercial and office districts. These increased
setbacks, in effect, mitigate scale and mass in areas outside downtown. However, in
particular instances where reduced setbacks may be required, such as in the North
Federal Highway per an adopted Redevelopment Plan or with future development of
innovative zoning initiatives (Le. Congress Ave. and Four Corners overlay districts or
form based codes), additional design criteria may be appropriate on a case by case
basis.
Conclusions and Recommendations:
EAR based amendments should include revisions to the Future Land Use Element
which include revising all goals, objectives, and policies to add any new initiatives;
modifying partially completed or eliminating completed initiatives; and providing
intensities and densities for all land use descriptions. Changes should also include
updating the introduction language including modifications of any tables and support
maps; and incorporation of appropriate changes to objectives and goals gleamed from
the EAR public hearing processes.
The amendments should also include new policies to help achieve an appropriate mix of
uses, direct resources to infrastructure improvements downtown, explore additional
downtown open space opportunities and affirm the City's continue commitment to
workforce housing.
City of Delray Beach EAR
Chapter 4 - Page 32
Draft Report 7/24/06
Transportation Element
Element Overview:
The purpose of the Transportation element is to provide an inventory of all modes of
transportation, including roadways, parking facilities, public transit nodes, and freight,
port, and airport facilities. The element also identifies current and future levels of service
and necessary expansions to accommodate growth identified in the Future Land Use
Element.
The element established four broad goals which include accommodating effective
movement of traffic as development occurs, appropriately addressing operational and
aesthetic conditions of local roadways, safety issues, and promoting alternative modes
of transportation.
These broad goals are to be achieved through street system enhancements,
appropriate accommodation for ultimate rights.of-way widths with development, and
policies in support of alternatives to automobiles. The operation and aesthetics of local
roadways are to be achieved by establishing enhanced levels of service; assuring
efficient local traffic flow; and through programs of street beautification. Safety issues
are to be achieved through enhanced access for local uses, elimination of obstructions
with rights-of-way, appropriate maintenance of streets, and enhanced street marking
and traffic controls. Promoting alternative modes of transportation include support for
regional initiatives, Palm Tran, Tri Rail, and FEC rail options, and creating opportunities
for pedestrian and bicycle circulation with development.
Element Assessment:
The objectives of the Transportation Element have either been achieved or are being
achieved. The City continues to work with outside agencies to position itself to capitalize
on alternatives to automobile uses. The City has lobbied for a train station stop, if FEC
passenger rail service is implemented. The City is poised to initiate an in town shuttle
service from Tri-Rail through to the beach with stops at future garage locations
throughout the corridor. The City continues to require amenities like bike racks with
new development to encourage and accommodate that mode of transportation.
Objective Achievement with Regard to Major Issues:
Major Issue #6 (transportation policies effectiveness on promoting alternative
transportation systems): The plan's objectives have been effective in increasing
awareness of alternative modes of traffic and the City continues to initiate activities
identified in related policies. A good example is the City's Shuttle service, due to start in
the upcoming months. Additional expansion is being explored at this time to provide
early morning and evening service, allowing opportunities for employees to commute to
work in downtown. Improvements to sidewalks and the provision of bicycle facilities (Le.
bike racks), with downtown development are being implemented. Bicycle lanes or 14
foot curb lanes are proposed with recently approved road projects, including the
compromise reached in the resurfacing of A 1 A. During the public hearing process there
City of Delray Beach EAR
Chapter 4 - Page 33
Draft Report 7/24/06
was emphasis placed on continued improvement in safety and a desire to continue and
enhance the promotion of alternative modes of transportation.
Conclusions and Recommendations
EAR based amendments should include revisions to the Transportation Element which
include revising all goals, objectives, and policies to add any new initiatives, and
modifying partially completed or eliminating completed initiatives. Changes should also
include updating the introduction language including modifications of any tables and
support maps, and incorporation of appropriate changes to objectives and goals
gleamed from the EAR public hearing processes.
Housing Element
Element Overview:
The purpose of the housing element is to identify the characteristics and conditions of
the City's existing housing stocks. The data for the entire element has been updated to
current conditions and projections through the year 2015 as part of this submittal. (See
attached documentation). The element also discusses availability of land to meet
housing needs, housing initiatives, and housing trends throughout the City. There are
two broad goals to stabilize and enhance, restore or rehabilitate neighborhoods, and to
maintain safe and adequate supplies of housing. The goals also encourage supplying
new housing in a range of types and cost levels. These goals are to be achieved
through identifying the condition of each neighborhood in the City on a neighborhood
categorization map. Each neighborhood is classified into the following categories:
stable, stabilization, revitalization, rehabilitation, or redevelopment. After classification,
appropriate specific actions are identified for each within specific policies in the element.
The goals are also to be achieved through City programs and development regulations
which encourage diversity in residential projects and encourage the expediting of
permits for housing especially affordable housing.
Element Assessment:
The objectives of the Housing Element have either been achieved or are being
achieved. Redevelopment Plans have been created and are in the process of being
implemented. To that end, the redevelopment category is to be eliminated from the
Residential Neighborhood Categorization Map as it is no longer applicable. Several
neighborhoods have been moved from a less stable to a more stable category.
Objective Achievement with Regard to Major Issues:
Major Issue #1 (Balance of Mix of Land Uses in Creating a Sustainable Downtown):
The introduction of housing in the downtown has been vital to creating a sustainable
downtown, creating a demand for services and lessening the reliance of that demand on
out of town or transient consumers. Pursuant to Objective B-2, downtown housing has
City of Delray Beach EAR
Chapter 4 - Page 34
Draft Report 7/24/06
been identified as a critical need in the downtown area. The introduction of housing
needs to be balanced with the need to create a mix of uses downtown.
Major Issue #2 (Impact of Development in Downtown on Infrastructure): While housing
has occurred downtown it has not reached a level at which its impact on infrastructure is
of any concern. Continued monitoring of infrastructure needs and implementation of
upgrading programs through annual CIP allocations should be continued.
Major Issue #3 (Availability of Workforce Housing): While most of the houses that have
been developed downtown have been higher priced units, recent changes to the LDRs
(Land Development Regulations) have required any requests for additional densities or
height to provide a workforce component. Opportunities for workforce housing have also
been introduced in city initiated changes to the Congress Avenue corridor as well as
privately initiated overlay districts (Depot Road property). Additionally, there have been
several new developments just outside the downtown area that have been recently
approved and contain workforce components. These include CODA development,
Village Parc, Banyan Village, and 10th Street Townhomes.
The City's adopted workforce housing ordinance is continually being modified to
increase areas subject to the density bonus benefits of the ordinance. The City's CRA
(Community Redevelopment Agency) is actively aggregating land and has initiated
construction of workforce units, particularly in the Southwest Neighborhood
Redevelopment Area. A CL T (Community Land Trust) has been established by the City
and the CRA and units being constructed by the CRA are to be placed in the CL T.
Recent modifications to the Workforce Housing Ordinance give the CL T first right of
refusal when workforce units, built by private development, are sold. With the EAR
based amendment, continued commitment to workforce housing will be emphasized.
Major Issue #7 (Stabilization of Neighborhoods): The existing policies have been very
effective at stabilizing neighborhoods. Most neighborhoods will be upgraded on the new
neighborhood classification map and the redevelopment category will be eliminated with
the EAR based amendment.
Conclusions and Recommendations:
EAR based amendments should include revisions to the Housing Element which include
revising all goals, objectives, and policies to add any new initiatives, and modifying
partially completed or eliminating completed initiatives. Changes should also include
updating all introduction language, including the modification of any tables, and support
maps and incorporation of appropriate changes to objectives and goals gleamed from
the EAR public hearing processes.
The amendments should also include new policies with emphasis on the City's
continued commitment to Workforce Housing.
City of Delray Beach EAR
Chapter 4 - Page 35
Draft Report 7/24/06
Public Facilities Element
Element Overview:
The purpose of the Public Facilities Element is to provide an inventory of sewer/water,
solid waste, drainage, and street maintenance facilities throughout the City. The
element also outlines existing deficiencies within these systems and provides ways to
correct them. The element has six broad goal areas which include appropriate provision
of solid waste disposal, provision of adequate water supplies, provision of water and
sewer to all areas of the City, provision of adequate office facilities to conduct City
business, storm water management, appropriate disposal, and enhanced public
understanding of infrastructure needs. These goals are to be accomplished through
elimination of septic tanks, support of County solid waste activities, utilizing Aquifer
Storage and Recovery, water conservation, through ongoing construction, the
upgrading, and replacement of sewer and water facilities, through annual appropriation
in the Capital Improvement program, (storm water management) annual CIP allocations
for storm water management, enhance maintenance of the City's street system, and
through public input at Public Hearings and Town Hall Meetings.
Element Assessment:
The objectives of this element have been achieved or are being achieved. Long Range
plans have been adopted outlining needed improvements to the water, sewer, and
drainage facilities of the City. These include a storm water master plan, water main
master plan, and sanitary I & I plan (Inflow and Infiltration). Annual CIP allocations are
dedicated to the system upgrades approximately $250,000 (storm water) $1,000,000
(water main replacement and upgrade) and $500,000 (sanitary), and funds for certain
priority improvements (storm water) have been advanced through Bond approvals.
Begun last year, the initial phases of the Delray Beach Reclaimed Water Project is
complete, providing irrigation at the Delray Beach Golf Club, Lake View Course and
Hamlet Golf Courses. It is now being extended to the Del-Aire Golf Course. Commercial
development and homeowners associations with master irrigation systems along the
transmission lines are also being connected to the system. Due to their high demand,
golf courses have their own well systems for irrigation. Therefore, the switch to
reclaimed water does not reduce the demand for potable water. It does, however
reduce the overall withdraw from the shallow aquifer. Since this aquifer is a primary
source of fresh water in the region, the overall demand on the system is reduced and
the additional capacity can be use elsewhere. The use of reclaimed water for
commercial and residential properties that currently use potable water will result in an
overall reduction in demand. Making this service available throughout the City is a long
term project which is dependant on the availability of funding. However, when it is
completed, it is expected to significantly reduce the demand for potable water. In
addition to the conservation of potable water supplies, utilizing reclaimed water for
irrigation will ultimately save residents and businesses money by diminishing their use
of potable water for irrigation and other non-potable uses.
City of Defray Beach EAR
Chapter 4 - Page 36
Draft Report 7/24/06
Objective Achievement with Regard to Major Issues:
Major Issue #2 (impact of development in downtown on infrastructure): This was
identified as a potential concern early on in the redevelopment of downtown. The City
has implemented water, sewer and drainage upgrade programs which receive annual
CIP allocations. The emphasis has been placed on where deficiencies have existed and
concerns over this issue have correspondingly diminished. As additional densities and
intensities are introduced downtown, the city should continue to monitor this issue and
direct appropriate resources to any needs.
Major Issue #5 (Adequacy of water supply): As noted above, the use of reclaimed
water for commercial and residential properties that currently use potable water will
result in an overall reduction in demand. Making this service available throughout the
City is a long term project which is dependant on the availability of funding. However,
when it is completed, it is expected to significantly reduce the demand for potable water.
In addition to the conservation of potable water supplies, utilizing reclaimed water for
irrigation will ultimately save residents and businesses money by diminishing their use
of potable water for irrigation and other non-potable uses.
The city continues to educate its customers about the importance of water conservation
and distributes information on conservation whenever possible.
Conclusions and Recommendations
EAR based amendments should include revisions to the Public Facilities Element, which
include revising all goals, objectives, and policies to add any new initiatives, and
modifying partially completed or eliminating completed initiatives. Changes should also
include updating all introduction language, including the modification of any tables, and
support maps and incorporation of appropriate changes to objectives and goals
gleamed from the EAR public hearing processes.
Coastal Management Element
Element Overview:
The purpose of the Coastal Management Element is to identify the Coastal area,
Coastal resources, and the Coastal infrastructure within the City of Delray Beach.
There are four broad goals to guide the management of the resources and they include
the protection, conservation, and enhancement of the natural coastal environment,
maintaining and enhancing access, maintaining compatible development and
redevelopment of the area, and creation of appropriate emergency preparedness
programs. These broad goals (protection, conservation, and enhancement) are to be
achieved by protecting natural systems from development, undertaking necessary
studies and actions to maintain the beach dune system and beach restoration activities,
turtle monitoring activities, and monitoring activities of the ocean outfall. To assure
enhanced access, the plans calls for exploring additional marine facilities, retaining
existing recreational parking, retaining existing access and exploring partnerships with
City of Delray Beach EAR
Chapter 4 - Page 37
Draft Report 7/24/06
FIND or other organizations to enhance access. To assure compatible development and
redevelopment, the plan calls for protection of historic resources, establishing
reasonable levels of service, establishing appropriate intensities of development, and
enhancing access. Lastly, to assure safety of individuals and property, the City shall
prepare appropriate emergency preparedness, evacuation and disaster relief programs.
Element Assessment:
The element's goals have either been achieved or are being achieved. The beach
continues to be a priority for the City's protection and enhancement. The City
administers one of the longest and most successful beach renourishment projects in the
State. An initial beach restoration was conducted in Delray Beach in 1973, with
maintenance nourishments in 1978, 1984, 1992, and 2002. A storm (hurricane) related
emergency fill was conducted in 2005. The scope of each maintenance nourishment is
designed to optimize recreation and storm protection benefits and the economic
efficiency of construction. The next maintenance nourishment is expected to be
constructed in 2012. In addition to beach restoration and maintenance, the City has
recreated a viable dune ecosystem along the municipal beach area. Beginning in 1974,
and continued through the present, the City has restored and augmented the dune.
The current dune system consists of a fore dune, vegetated in pioneer species, and a
back dune, vegetated in scrub zone species. A long-term dune revegetation program is
in the process of removing exotic species in the scrub zone and restoring natural plants,
including rare and endangered species. A well designed monitoring program has
continued since the inception of the project, including annual performance surveys and
analysis, environmental monitoring of the reef, near shore and borrow areas, and
monitoring and protection of sea turtles.
With respect to exploring additional marine facilities, the City has collaborated with FIND
to develop FIND parcel MSA 650 to provide additional parking and boat access to the
Intracoastal Waterway.
The City through its Fire Department has developed emergency preparedness plans
and continually conducts readiness exercises to assure its preparedness levels.
Objective Achievement with Regard to Major Issues:
None of the major issues identified by City Commission apply to this element.
Conclusions and Recommendations
EAR based amendments should include revisions to the Coastal Management Element,
which include revising all goals, objectives, and policies to add any new initiatives, and
modifying partially completed or eliminating completed initiatives. Changes should also
include updating all introduction language, including the modification of any tables, and
support maps and incorporation of appropriate changes to objectives and goals
gleamed from the EAR public hearing processes.
City of Delray Beach EAR
Chapter 4 - Page 38
Draft Report 7/24/06
Conservation Element
Element Overview:
The purpose of the Conservation Element is to identify natural resources within the City,
identify any pollution problems, and discuss potable water concerns and needs. There
are three broad goal areas, which include protection and conservation of the City's
water supply, retention and protection of sensitive lands and retention and protection of
air quality and quality of the City's waterways. The protection of the water supply is to
be achieved through efforts focused on detecting contamination, instituting preventive
measures during development of lands and providing activities that result in water
conservation. The retention and protection of sensitive lands is accomplished by
appropriately applying land use/zoning categories to limit development, providing
increased public awareness of protection of flora and fauna, erosion reduction
techniques, and protection and enhancement of the beach and dune systems. The
protection of air and waterway resources are to be accomplished through support of
regional efforts in waterway restoration and public education related to pollution of the
Intracoastal Waterway.
Element Assessment:
The objectives of this element have been achieved or are being implemented. The City
continues to implement monitoring programs to assure the early detection of any
contamination of the water supply and continues to support the Palm Beach County
Well field protection program efforts. Conservation efforts have been stepped up to
implement reuse water programs for irrigation, resulting in a decrease in potable water
use for irrigation. Begun last year, the initial phases of the Delray Beach Reclaimed
Water Project are complete, providing irrigation at the Delray Beach Golf Club, Lake
View Course and Hamlet Golf Courses. It is now being extended to the Del-Aire Golf
Course. Commercial development and homeowners associations with master irrigation
systems along the transmission lines are also being connected to the system.
As noted in the Coastal Element, the City continues to administer a beach
renourishment program, associated environmental monitoring programs, and dune
revegetation programs. Beginning in 1974, and continued through the present, the City
has restored and augmented the dune. A long-term dune revegetation program is in
process of removing exotic species in the scrub zone and restoring natural plants,
including rare and endangered species.
The City also supports educational programs and organizations like the Sandoway
House which provides education programs for all ages on the ocean and dune
environments.
Objective Achievement with Regard to Major Issues
Major Issue #8 (impact on green space): With recent downtown development, concerns
over diminished green spaces within developments have surfaced. The land
development regulations for downtown have minimal requirements (0-10% minimum)
City of Delray Beach EAR
Chapter 4 - Page 39
Draft Report 7/24/06
for green/open space. These requirements are consistent with dense urban
development, appropriate for a downtown area. That said, green space contributes to
the quality of life for urban dwellers and common green spaces can provide that need.
The city is in the process of creating an urban park just east of the Old School Square,
as identified in Open Space and Recreation Element Policy A-2.15, to provide this
opportunity. Additional opportunities should be explored and policies to that effect
should be added during the EAR based amendments.
Conclusions and Recommendations:
EAR based amendments should include revisions to the Conservation Element, which
include revising all goals, objectives, and policies to add any new initiatives, and
modifying partially completed or eliminating completed initiatives. Changes should also
include updating all introduction language, including the modification of any tables, and
support maps and incorporation of appropriate changes to objectives and goals
gleamed from the EAR public hearing processes.
Open Space & Recreation Element
Element Overview:
The purpose of this element is to inventory existing open space and recreational
resources of the community, identify adopted standards and analyze the needs for
future improvements. There are two board goal areas which explore resource allocation
for high priority recreational opportunities and facilities and the retention of existing open
space and provision of additional recreational opportunities with new development.
These goals are to be achieved through adoption of LOS standards, provision of
additional facilities through CIP allocations, other funding sources and by the private
sector as part of development. Priority is to be placed on retaining and enhancing large
existing open spaces. Enhanced access to the Intracoastal and the beach are also
encouraged.
The Recreation and Open Space Element (ROSE) guides the City's capital program
designed to meet the ever-increasing demand for parks, and open space necessary to
serve new development and to maintain the quality of life enjoyed by existing residents.
City park levels of service (LOS) for concurrency management purposes are
established in the Comprehensive Plan, Open Space Element and Recreation Element
and the Capital Improvement Element. Park LOS are calculated by comparing City-
wide population to current inventories and then expressing the results in terms of total
acres of parks available per 1000 population.
Element Assessment:
The objectives of this element have been achieved or are being implemented.
Significant enhancements to existing facilities and new improvements are underway as
a result of the passage of a park bond by the Citizens of Delray Beach in late 2004.
City of Delray Beach EAR
Chapter 4 - Page 40
Draft Report 7/24/06
These improvements will include parks and improvements identified in the needs and
recommendation section of the element including development of a new park in the
northwest section of the City (Bexley Park), creation of an urban park next to the Old
School Square complex, development of a new neighborhood park (eagle park),
development of a Community Center west of 1-95, and significant improvements to most
of the existing parks. Several other items identified in the comprehensive plan are also
under design including renovations to the Pompey Community Center, and additional
boat ramp facilities south of Knowles Park. With the development of these new and
upgraded park amenities, current inventories in the Comprehensive Plan need to be
modified. It is noted the City far exceeds LOS standards for overall park land and the
new facilities will improve our position.
Objective Achievement with Regard to Major Issues
Major Issue #8 (impact on green space): With recent downtown development, concerns
over diminished green spaces within developments have surfaced. As with other urban
areas, common green space rather than small site specific green space resources are
more appropriate. To this end, the city is in the process of creating an urban park just
east of the Old School Square, as identified in Open Space and Recreation Element
Policy A-2.15. As previously mentioned, this park was also identified in the needs and
recommendation section of the open space and recreational element
Conclusions and Recommendations
EAR based amendments should include revisions to the Open Space and Recreation
Element, which include revising all goals, objectives, and policies to add any new
initiatives, and modifying partially completed or eliminating completed initiatives.
Changes should also include updating all introduction language, including the
modification of any tables, and support maps and incorporation of appropriate changes
to objectives and goals gleamed from the EAR public hearing processes.
Intergovernmental Coordination Element
Element Overview:
Coordination among the numerous entities that affect land development in Delray
Beach is essential for efficiently meeting the needs of Delray Beach residents. The
significant number of governmental entities require substantial efforts of coordination
These include Palm Beach County, surrounding municipalities, the School Board,
South Florida Water Management District, Lake Worth drainage District and other
regional and state agencies, which all make direct and indirect decisions on land
development activities. It is imperative that Delray Beach maintain close working
relationships with these agencies. The Intergovernmental Coordination element's sole
goal area emphasizes the importance of a continuous and coordinated effort to
accomplish this coordination, if we are to meet the goals of the Comprehensive Plan.
This is to be accomplished by proactively sharing information with these other agencies
and following established protocol relating to existing agreements.
City of Delray Beach EAR
Chapter 4 - Page 41
Draft Report 7/24/06
Element Assessment:
The objectives of this element have been achieved or are being implemented. No
changes to goals, objectives, or policies are necessary.
Objective Achievement with Regard to Major Issues:
None of the major issues identified by City Commission apply to this element
Conclusions and Recommendations:
EAR based amendments would include only minor changes to introduction language of
the element and minor modifications of any tables (inventory of agencies).
Capital Improvement Element
Element Overview:
The Capital Improvement Element serves as a guide to the development of the Capital
Improvement policies, procedures, capital needs, revenue sources and financing
mechanisms of the City. The element summarizes capital needs, as identified in other
elements, identifies funding sources and financing mechanisms and provides guidelines
for prioritizing capital improvement projects. The element has two broad goal areas,
which require that actions be taken to provide public facilities to accommodate future
growth and meet existing deficiencies and that public moneys be invested to enhance
the quality of life for the citizens of Delray Beach. These goal areas are to be
accomplished by appropriately directing financial resources, assuring public facilities are
provided concurrent with needs, and requiring future development to pay its
proportionate share.
Element Assessment:
The City continues to meet its Capital Improvements Element's objectives, in terms of
levels of service, concurrency management and fiscal policies. Capital improvements
are prioritized annually according to several criteria based on whether they are critical,
mandatory or desirable improvements. The Element's "Prioritization of Capital Projects
Section" describes the framework within which budget decisions are made, both the
annual Capital Improvement Budget (CIB) and the Five Year Capital Improvement
Plan(CIP). The element contains outdated policies, revenue and debt summaries and
five year forecast tables. These must all be updated as part of the EAR based
amendments. The Five Year Capital Improvement Plan (CIP) is current as it is updated
annually immediately after City Commission adoption.
Objective Achievement with Regard to Major Issues:
None of the major issues identified by City Commission apply to this element
City of Delray Beach EAR
Chapter 4 - Page 42
Draft Report 7/24/06
Conclusions and Recommendations:
EAR based amendments should include revisions to the Capital improvement Element,
which include revising all goals, objectives, and policies to add any new initiatives, and
modifying partially completed or eliminating completed initiatives. Changes should also
include updating of all introduction language including modifications to tables, charts
including revenue and debt summaries and five year forecast tables.
Public Schools Facilities Element
Element Overview:
The goals of the Public Schools Facilities Element are to provide for future availability of
public school facilities consistent with the adopted Level of Service (LOS) standard,
established under school concurrency, and to maintain and enhance joint planning
processes and procedures for coordination of public education facilities for planning and
decision-making. Planning and decision-making refer to population projections, public
school siting, and the development of public education facilities concurrent with
development and other services. This involves collaboration between school boards and
local governments to resolve school overcrowding, particularly for coordinating
comprehensive plans and school board plans. Local governments have a responsibility
under Chapter 163, Florida Statutes, to coordinate with school boards regarding school
siting to complement other community building decisions. Chapter 1013, Florida
Statutes, similarly requires school boards to coordinate their planning and facility siting
decisions closely with local governments.
Element Assessment:
At this point, the City has met its School Facilities Comprehensive Plan objectives, and
all issues related to concurrency appear to have been handled effectively. The City has
modified the element policies to address the changes incorporated in the Interlocal
agreement's first amendment. Additional changes will be required to this element to
reflect the second modification of the Interlocal which will occur in the upcoming months
as well as the changes to incorporate the new CSA (Concurrency Service Area) maps.
These changes will include updated population projections and other changes to bring
the Interlocal agreement into compliance with SB 360. This element has a great deal of
specificity, in terms of levels of service, and so far, The Technical Advisory Group (TAG)
indicates that the levels have been met. The most significant success over the last
several years has been the implementation, on June 27, 2002, of the County's school
concurrency ordinance. Implementation of this plan made Palm Beach County the first
jurisdiction in the state to complete the lengthy and complicated approval process.
School concurrency is a growth management tool aimed at ensuring that construction of
new schools keeps pace with construction of new homes. Therefore, before a new
residential project is approved, there must be enough school classroom space available
to accommodate the students expected to live in that development.
City of Delray Beach EAR
Chapter 4 - Page 43
Draft Report 7/24/06
There are three main components to the concurrency plan: 1) Joint planning between
cities, the County and the School District; 2) a financially-feasible five-year school
construction plan that enables the School District to catch up and keep up with growth;
3) regulatory review by School District planners for all new residential projects. The goal
of school concurrency has been to have all schools in the County operating at no more
than 10 percent over capacity by 2004.
Over a two-year period, the Board of County Commissioners, the School Board, and 26
municipalities developed a Plan, which includes the responsibilities of each government
entity as party to the Agreement. All affected parties then signed an Interlocal
Agreement to become planning partners. Note that 11 smaller municipalities were
allowed to opt out, in accordance with Statutes, either because they have no schools
within their boundaries, were more than 80 percent built out, or had approved fewer
than 50 new homes in the past five years.
Objective Achievement with Regard to Major Issues:
None of the major issues identified by City Commission apply to this element
Conclusions and Recommendations:
The City has continually updated this policy to stay current with the first amendment to
school concurrency Interlocal agreement. The City has included the Palm Beach
County's Schools Map series as part of its element which requires yearly updates.
Additional changes will be required as a result of the pending second amendment to the
Interlocal agreement. In addition "Standards for Tiered Level of Service" tables will
need to be updated with the EAR amendment.
City of Delray Beach EAR
Chapter 4 - Page 44
Draft Report 7/24/06
CHAPTER 5
Recommendations
RECOMMENDATIONS
Future Land Use Element
1. Update Introduction and support data throughout the element as appropriate to
reflect current conditions
2. Update all maps to reflect current city boundaries.
3. Update existing land use and population data, including supporting maps and
tables.
4. Update Map #3 and Table L-5, Potential Residential Units as required to reflect
development of some parcels.
5. Update vacant land analysis.
6. Update Map #11, Annexation Areas, to reflect completed annexations.
7. Update Redevelopment Analysis section to reflect completion of all Redevelopment
Plans.
8. Update descriptions for all land use categories to include intensities and densities.
9. Update Goals, Objectives and Policies as required to modify partially completed or
eliminate completed initiatives and to incorporate appropriate changes to goals and
objectives gleamed from the EAR public hearing processes.
10. Add new policies to achieve an appropriate mix of uses, direct resources to
infrastructure improvements downtown, and explore additional downtown open
space opportunities.
11. Add policies to affirm the City's continued commitment to workforce housing.
12. Add policies to develop design guidelines for the North Federal Highway area and
evaluate the need for guidelines in the Congress Avenue Corridor and Four Corners
Area.
Transportation Element
1. Update Introduction and support data, throughout the element as appropriate to
reflect current conditions.
2. Update all maps to reflect current city boundaries.
3. Update Table T-1, Street Network Classification and Improvements.
4. Update Map #13, Existing Roadway Laneages to reflect roadway modifications.
5. Update Map #15, Existing Annual Average Daily Traffic Conditions and Map #16,
Peak Season PM Peak Hour Peak Direction Traffic Conditions to reflect 2005 traffic
conditions.
6. Update Table T-5, 1999 Intersection Accident Data, to reflect 2006 data.
7. Update Table T-6 and T-7 to update 2000 future traffic conditions to 2010.
8. Update Map #17, Intermodal Facilities.
9. Update Map #18, Major Trip Producers/Attractors.
10. Update Table T-8, Future Over-Capacity Facilities.
City of Delray Beach EAR
Chapter 5 - Page 45
Draft Report 7/24/06
11. Update Map #20, 2015 Operating Conditions, to 2025.
12. Update Map # 21, 2015 Cost Feasible Plan, to 2025.
13. Update Table T-9, 2015 Roadway Improvement Schedule, to 2025.
14. Update Goals, Objectives and Policies as required to modify partially completed or
eliminate completed initiatives and to incorporate appropriate changes to goals and
objectives gleamed from the EAR public hearing processes.
15. Add new policy to designate the railroad parking lot, north of East Atlantic Avenue
as a potential railroad stop for future passenger service on the FEC Railroad.
Housing Element
1. Update Introduction and support data, throughout the element as appropriate to
reflect current conditions.
2. Update all maps to reflect current city boundaries.
3. Update the following existing conditions tables from 1995 data to 2005 data:
a. Utilization Of Housing By Type - Table HO-1
b. Age Of Housing - Table HO-2
c. Distribution Of Monthly Rents - Table HO-3
d. Distribution Of Owned Housing By Value - Table HO-4
e. Owners Paying Excessive Housing Costs - Table HO-5
f. Renters Paying Excessive Housing Costs - Table HO-6
g. Owner Vs. Renter Occupied Housing (County/City) - Table HO-7
h. Housing By Type (County/City) - Table HO-8
i. Multi-Family Rental Units (County/City) - Table HO-9
j. Value Of Owner-Occupied Units (County/City) - Table HO-10
k. Inventory of Renter-Occupied Housing Programs Currently Using Subsidies -
Table HO-12
I. Inventory of Group Homes - Table HO-13
m. Inventory of Mobile Home Parks - Table HO-14
4. Update Table HO-11, Number of Substandard Units from 1990 to 2000 Census
data.
5. Update the following 2005 forecast tables to years 2010, 2015, 2020 and 2025:
a. Projected Households By Income Range - Table HO-16
b. Forecast Need For Additional Housing (Type) - Table HO-17
c. Forecast Need For Additional Housing (Tenure) - Table HO-18
d. Forecast Need For Affordable Housing (Income) - Table HO-19
6. Update, Table T-20, Potential Residential Units, to match Table L-5 in Future Land
Use Element.
7. Update Affordable Housing section to reflect new City initiatives.
8. Update Map #22, Neighborhood Categorization Map to reflect changed conditions
and modify text to eliminate Redevelopment Category.
9. Update Goals, Objectives and Policies as required to modify partially completed or
eliminate completed initiatives and to incorporate appropriate changes to goals and
objectives gleamed from the EAR public hearing processes.
10. Add new policies to affirm the City's continued commitment to workforce housing.
City of Delray Beach EAR
Chapter 5 - Page 46
Draft Report 7/24/06
Public Facilities Element
1. Update Introduction and support data, throughout the element as appropriate to
reflect current conditions.
2. Update Goals, Objectives and Policies as required to modify partially completed or
eliminate completed initiatives and to incorporate appropriate changes to goals and
objectives gleamed from the EAR public hearing processes.
Coastal Management Element
1. Update Introduction and support data, throughout the element as appropriate to
reflect current conditions.
2. Update Table CM-1 and Map #23, Coastal Planning Area Land Uses
3. Update Goals, Objectives and Policies as required to modify partially completed or
eliminate completed initiatives and to incorporate appropriate changes to goals and
objectives gleamed from the EAR public hearing processes.
Conservation Element
1. Update Introduction and support data, throughout the element as appropriate to
reflect current conditions.
2. Update Goals, Objectives and Policies as required to modify partially completed or
eliminate completed initiatives and to incorporate appropriate changes to goals and
objectives gleamed from the EAR public hearing processes.
Open Space and Recreation Element
1. Update Introduction and support data, throughout the element as appropriate to
reflect current conditions.
2. Update Goals, Objectives and Policies as required to modify partially completed or
eliminate completed initiatives and to incorporate appropriate changes to goals and
objectives gleamed from the EAR public hearing processes.
City of Delray Beach EAR
Chapter 5 - Page 47
Draft Report 7/24/06
Intergovernmental Coordination Element
1. Update Introduction and support data, throughout the element as appropriate to
reflect current conditions.
Capital Improvement Element
1. Update Introduction and support data, throughout the element as appropriate to
reflect current conditions.
2. Update General Fund and Expenditure Five Year Forecast Table
3. Update Pledgeable Revenue Matrix
4. Update Goals, Objectives and Policies as required to modify partially completed or
eliminate completed initiatives.
Public Schools Facilities Element
1. Update Introduction and support data, throughout the element as appropriate to
reflect current conditions.
2. Update element to reflect changes related to the second amendment to the
Interlocal Agreement.
3. Update Goals, Objectives and Policies as required to modify partially completed or
eliminate completed initiatives.
City of Delray Beach EAR
Chapter 5 - Page 48
Draft Report 7/24/06
APPENDIX A
City of Delray Beach EAR
Chapter 5 - Page 1
Draft Report 7/24/06
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THRU: P~UL DO~ TOR OF PLANNING & ZONING
FROM: ~~ARONSON, PARKING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF AUGUST 1, 2006 - REGULAR AGENDA
ADOPTION OF ORDINANCE 42-06 AMENDING LAND DEVELOPMENT
REGULATIONS (LDR) SECTION 4.6.9{E) INCREASING CURRRENT IN-LIEU
PARKING FEES
Ordinance 4-99, adopted in February 1999, increased in-lieu fees in accordance with Land
Development Regulations (LDR) Section 4.6.9(E)(3), from $6,000 per space anywhere in the City to
today's varying prices charged by geographic area as shown in Table 1 below.
Table 1
Current In-Lieu Fees
Area 1 Pro erties zoned CBO and east of the Intracoastal Waterwa ICW
Area 2 West of the ICW zoned CBO or CBO-RC excluding parcels located in
the OSSHAO and Pinea Ie Grove Main Street
Area 3 Properties located in the Pineapple Grove Main Street and OSSHAO,
excludin block 69.
Area 4 Pro erties located in the West Atlantic Nei hborhood zoned CBO
$14,000
$12,000
$6,000
$4,000
The modifications were made to reflect the actual cost of constructing parking spaces and included
appropriate land values. The 1999 review provided costs for both surface and structured parking
(garages). The proposed prices were based on both land value and estimated cost of construction.
Pursuant to City Commission direction staff has conducted a comprehensive study of current
estimated construction costs for parking garages and land values, based on the Palm Beach County
Property Appraiser's 2005 assessed value, including improvements.
For additional information, attached please find the Planning and Zoning Board staff report. The
various tables in the report identify Estimated Construction Costs (Table 2); Average and Median
Land Values per sq. ft. (Table 3); Average and Median Land Value Per Parking Space (Table 4)
and; Total Estimated Per Space Construction Cost in Areas 1,2 and 3 (Table 5) (see below). Area 4
- West Atlantic Avenue, is addressed separately.
Area
Area 1 - CBO - East of ICW
Area 2 - CBO - West of ICW
Area 3 - OSSHAO I PGW
The West Atlantic Neighborhood is currently in its early stages of development. The Community
Redevelopment Agency has several projects proposed in addition to the City's proposed roadway
improvements (including on-street parking) on Atlantic Avenue. Due to the availability of land in the
area, and the increased feasibility of providing surface parking, Table 6, below, illustrates the
estimated land values associated with the construction of both surface and structured parking. It is
noted that the $31,705 per space construction cost for parking garages would be consistent
regardless of the area it is constructed in. Lacking any recent cost estimates for projects
constructing surface parking lots staff used an estimate prepared by the Engineering Department to
\~. \\
City Commission Staff Report
LOR Text Amendment To Section 4.6,9(E)(3)
In-Lieu Parking Fee Increase
Page 2
construct a 10 car surface lot, the resulting construction cost per space is $4,800 including
landscaping, irrigation and lighting.
Area 4 - West Atlantic Avenue
Area 4 - West Atlantic Ave.
In summary, it is evident that current in-lieu fees are severely under priced and need to be
increased. Staff is cognizant of the fact that increasing the fees from today's rate to the estimated
costs outlined in this report might be both impractical and possibly create a negative impact to
redevelopment in the downtown.
The Parking Management Advisory Board, at its meeting of July 25, 2006, recommended a 30%
increase Areas 1, 2 and 3 resulting in the following fees; Area1 from $14,000 to $18,200; Area 2
from $12,000 to $15,600; Area 3 from $6,OOO-to $7,800 with no increase to the current $4,000 fee in
Area 4. Additionally, the Board recommended annual review of the fees.
This recommendation has been supported by the Planning and Zoning Board, Community
Redevelopment Agency, West Atlantic Redevelopment Coalition and Pineapple Grove Main Street
Board. Concerned with potential negative impact, the Downtown Development Authority felt that no
increase was warranted at this time and recommended further review next year.
It is noted that during the 1999 modifications the West Atlantic neighborhood in-lieu fee was reduced
from $6,000 to $4,000 as an incentive for redevelopment. Additionally, fees in Area 3 which includes
Pineapple Grove Way and the Old School Square Historic Arts District were not increased for the
same reason.
LOR Section 2.4.5(M)(5) (Findinas): Pursuant to LOR Section 2,4.5(M)(5) (Findings), in
addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was conducted.
While the In-Lieu of Parking Fee Program is not specifically mentioned in the Comprehensive Plan, it
is not inconsistent with the stated Goals, Objectives and Policies of the plan.
RECOMMENDED ACTION:
Move approval of Ordinance 42-06 by adopting the findings of fact and law contained in the staff
report, and finding that the proposed Ordinance 42-06 and approval thereof is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development
Regulations.
Attachments: P&Z Staff Report
Proposed Ordinance 42-06
ORDINANCE NO. 42-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES, BY AMENDING SECTION 4.6.9(E),
"LOCATION OF PARKING SPACES", SUBSECTION
4.6.9(E)(3), "IN-LIEU FEE", TO PROVIDE FOR A CHANGE
IN THE IN-LIEU FEE AMOUNTS CHARGED; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER 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 July 17, 2006 and
voted 6 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 the recitations set forth above are incorporated herein.
Section 2. That Section 4.6.9(E), "Location of Parking Spaces", Subsection
4.6.9(E)(3), "In-Lieu Fee", 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:
(3) In-Lieu Fee: When a requirement for additional parking results from in-
fill development, or from a change in use, or adding floor space to an existing building; the City
Commission may approve the payment of a fee in-lieu of providing such required parking.
Before granting such approval, the City Commission must find that it is impossible or
inappropriate to provide the required number of on-site or off-street parking spaces and that, in
the case of building additions, no existing parking spaces will be eliminated. Payment of a fee
in-lieu of providing required parking is not permitted for new development. Furthermore, the in-
lieu fee option will not be available in the event of a change in use or addition of floor space if
either occurs within two years of the granting of the Certificate of Occupancy (e.O.) for a new
development. The fee in-lieu option will be available two years after the date of the granting of
the C.O.
Payment of a fee in-lieu of required parking shall be pursuant to the following provisions.
(a) The in-lieu fee is authorized only in the CBD, CBD-RC, and OSSHAD Zoning
Districts, in compliance with the Supplemental District Regulations provisions
therein.
(b) Arrangements for payment shall be approved by the City Commission at the
time of the approval of the in-lieu fee. The fee amount shall be based upon the
location of the property for which in-lieu fees are being sought. Area
descriptions and corresponding fee amounts are hereby established as follows:
(See page 4.6 - 51 for corresponding map).
(1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned
CBD - $14,000 $18.200 per space.
(2) Area 2: Parcels located west of the Intracoastal Waterway which are
zoned CBD or CBD-RC and which are not included within the Pineapple
Grove Main Street area, West Atlantic Neighborhood or Block 69 located
in the Old School Square Historic Arts District (OS SHAD) - $12,000
$15.600 per space.
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(3) Area 3: Parcels located within the OSSHAD zoning district, except for Block 69
as noted in Area 2; and parcels located within the Pineapple Grove Main Street area
which are zoned CBD or CBD-RC - $6,000 $7.800 per space.
(4) Area 4: Parcels located within the West Atlantic Neighborhood which are zoned
CBD - $4,000 per space.
(c) All proceeds from such a fee shall be used for parking purposes.
(d) For property owners opting to pay in full, or lessees of properties, payment of the in-lieu
fee is due upon issuance of a building permit.
The in-lieu fee may be paid in full upon issuance of a building permit or in installments.
Applicants for an in-lieu fee which is not paid in full at time of permit, must enter into
an In-Lieu of Parking Fee Agreement with the City. Such agreement shall be recorded
with the Public Records Office of Palm Beach County, Florida. The obligations
imposed by such an In-Lieu of Parking Fee Agreement constitute a restrictive covenant
upon a property, and shall bind successors, heirs and assigns. The restrictive covenant
shall be released upon full payment of the in-lieu parking fees including attorneys' fees
and costs. In-Lieu of Parking Fee Agreements shall only be made between the City and
the Owner(s) of the subject property. In Lieu of Parking Fee Agreements shall only be
made between the City and the Owner(s) of the subject property. If an In-Lieu of
Parking Fee Agreement is entered into, installment payments shall be made over a three-
year time period in three installments. The first installment shall be 50% ofthe total fee
and is to be paid upon signing the agreement. The second installment shall be 25% of
the total fee and is due on the second anniversary date of the signing of the agreement.
The third and final payment of 25% of the total fee is due on the third anniversary date
of the signing of the agreement. There shall be no interest due under this payment
schedule.
(e) In addition to in-lieu fees due, where adequate right-of-way exists adjacent to a
proposed project for which an in-lieu parking fee has been approved, the applicant must
construct additional on-street parking, not to exceed the total amount of spaces subject
to in-lieu fees unless authorized by the City Commission. The applicant will be credited
up to one-half of a parking space for each full parking space constructed within public
right-of-way. (For example, the applicant requests to pay the in-lieu fee on 4 spaces; the
applicant constructs 4 spaces in the right-of-way; the applicant must only pay the in-lieu
fee for 2 spaces). Crediting of spaces constructed in the right-of-way resulting in a
fraction shall be rounded down. Credit may not be taken for those parking spaces
constructed in the public right-of-way which are required to meet the performance
standards for new developments.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
_dayof ,200_
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
PLANNING AND ZONING BOA
MEETING DATE:
JULY 17, 2006
IV.C
AGENDA ITEM:
ITEM:
AMENDMENT TO SECTION 4,6.9(E)(3) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS FOR THE INCREASE OF IN-LIEU
PARKING FEES
The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to Land Development Regulations Section 4.6.9(E)(3), to increase
current in-lieu fees, pursuant to LOR Section 2.4.5(M)(5).
Pursuant to Section 1.1.6 (A), an amendment to the Land Development Regulations may not be
made until a recommendation is obtained from the Planning and Zoning Board.
Ordinance 4-99, adopted in February 1999, increased in-lieu fees in accordance with Land
Development Regulations (LOR) Section 4.6.9(E)(3), from $6,000 per space anywhere in the
City to today's varying prices charged by geographic area as shown in Table 1 below.
Table 1
(Current In-Lieu Fees)
Area 1 Properties zoned CBO and east of the Intracoastal Waterway (ICW) $14,000
Area 2 West of the ICW zoned CBO or CBO-RC excluding parcels located in
the OSSHAO and Pineapple Grove Main Street $12,000
Area 3 Properties located in the Pineapple Grove Main Street and OSSHAO,
excludinQ block 69. $6,000
Area 4 Properties located in the West Atlantic NeiQhborhood zoned CBO $4,000
The modifications were made to reflect the actual cost of constructing parking spaces and
included appropriate land values. The 1999 review provided costs for both surface and
structured parking (garages). The proposed prices were based on both land value and
estimated cost of construction. Considering the inefficient utilization of land that surface parking
creates, its disruption of the desired pedestrian friendly streetscape and limited availability of
land, staff is presenting the estimated costs of structured parking only in areas 1, 2, and 3 and
both structured and surface parking in the West Atlantic neighborhood.
The land area per parking space for a multi-level parking garage is dependant on the number of
floors in the structure. A three-story garage containing 300 spaces will require a site area of
approximately 46,500 square feet, while a two story garage containing 200 spaces will still
require the same land area. Although the land cost per parking space will continue to decrease
as the number of floors in the garage increases, aesthetics, and compatibility with surrounding
properties will playa major role in the decision of how high to go. For the purpose of this report,
we will assume a three level garage containing 300 spaces. With this scenario, the required
land area per parking space is 155 square feet. To assess the construction cost of garages,
Planning and Zoning Board Staff Report, July 17, 2006
LDR Amendment - In-Lieu Fee Increase
staff used the most recent cost estimates for the Old School Square (aSS) and Block 69
garages illustrated in Table 2 below.
Table 2
(Estimated Construction Costs)
Facility Capacity Total Construction Cost Cost Per Soace
Block 69 207 $7,128,769.00 $34,438.50
ass Garaae 525 $15,210,000.00 $28,971,50
Average Cost per Space $31,705.00
The cost of land is most dependant on location. The proposed Downtown Parking Master Plan
identifies several sites which could accommodate the construction of parking garages. For the
purpose of this report, an analysis of land values was completed for four areas with different
characteristics where in-lieu fees are allowed. These figures, shown in Table 3, represent the
Palm Beach County Property Appraiser's 2005 assessed value including improvements.
Although the ratio of the property assessment to market value varies in each area, market
values are higher than assessments in all areas. Therefore, if additional acquisition is required
the costs will be somewhat higher than the stated figures. If necessary, further refinement is
possible through the use of a Property Appraiser.
Table 3
(Average and Median land Values)
Average land Value Median land Value
Area (per square foot) (per square foot)
Area 1 - CBO - East of ICW $106.36 $94.79
Area 2 - CBO - West of ICW $66,22 $62.22
Area 3 - aSSHAO I PGW $41.54 $39.29
Area 4 - West Atlantic Avenue $14.02 $7,84
Table 4, below, calculates the land value per space by multiplying the average and median land
values, per sq. ft., by the 155 square feet per space (determined to be the necessary square
footage per space in structured parking facilities).
Area
Area 1 - CBO - East of ICW
Area 2 - CBO - West of ICW
Area 3 - aSSHAO I PGW
Table 5, below, will illustrate the estimated construction cost per space for structured parking in
areas 1, 2, and 3. The West Atlantic neighborhood will be listed separately.
The construction costs for structured parking remains the same regardless of area. Therefore
Table 5 will consolidate the estimated construction cost utilizing both average and median land
values to ascertain the total estimated construction cost, per space, for structured parking in
Areas 1, 2 and 3. The figure of $31,705 was used as the per space construction cost which was
derived by averaging the estimates from the ass and Block 69 Garages as illustrated in Table
2 above ($28,971.50 + $34,438.50/2 = $31,705.00).
2
Planning and Zoning Board Staff Report, July 17, 2006
LDR Amendment - In-Lieu Fee Increase
Table 5
Total Per Space Construction Cost by Area (Garages)
(land Value Plus $31,705)
Area ALV Garage MLV Garage
Area 1 - CBD - East of ICW $16,485.80 $48,190.80 $14,692.45 $46,397.45
Area 2 - CBD - West of JCW $10,264.10 $41,969.20 $9,644.10 $41,349,10
Area 3 - OSSHAD I PGW $6,438.70 $38,143,70 $6,089.95 $37,794.95
Lacking any recent cost estimates for projects constructing surface parking lots staff did a mock
workup of a 56 car parking lot. Using an estimate prepared by the Engineering Department to
construct a 10 car surface lot, the resulting construction cost per space is $4,799.80 including
landscaping, irrigation and lighting. Surface parking, including access, vehicular/pedestrian
circulation and open space/landscaping requires approximately 450 square feet per space.
Inefficient property configurations which necessitate the use of single-loaded parking aisles can
require over 500 square feet per space. For the purpose of this report; however, we will
assume that 450 square feet is the average area for a typical surface parking space. Table 7
illustrates the estimated cost per space of surface parking lots utilizing both the average and
median land values.
The West Atlantic Neighborhood is currently in its early stages of development. The Community
Redevelopment Agency has several projects proposed in addition to the City's proposed
roadway improvements (including on-street parking) on Atlantic Avenue. Due to the availability
of land in the area, and the increased feasibility of providing surface parking, Table 6, below,
illustrates the estimated land values associated with the construction of both surface and
structured parking.
Table 6
West Atlantic Neighborhood
Surface Parking
(land Value by 450 SQ. ft. plus $4,800)
Average land Surface lot Per Median land Surface lot Per
Value (AlV) Space Value (MlV) Space
Area 4 - West Atlantic Avenue $6,309.00 $11,109.00 $3,528,00 $8,328.00
Garage
(land Value bll155 SQ. ft. plus $31,705)
Average land Garage Cost Per Median land Garage Cost Per
Value (AlV) Space Value (MlV) Space
Area 4 - West Atlantic Ave. $2,173,10 $33,878.10 $1,215.20 $32,920.02
In summary, it is evident that current in-lieu fees are severely under priced and need to be
increased. Staff is cognizant of the fact that increasing the fees from today's rate to the
estimated costs outlined in this report might be both impractical and possibly create a negative
impact to redevelopment in the downtown.
It is noted that during the 1999 modifications the West Atlantic neighborhood in-lieu fee was
reduced from $6,000 to $4,000 as an incentive for redevelopment. Additionally, fees in Area 3
which includes Pineapple Grove Way and the Old School Square Historic Arts District were not
increased for the same reason.
LOR Section 2.4.5(M)(5) (Findinas): Pursuant to LOR Section 2.4.5(M}(5) (Findings), in
addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
3
Planning and Zoning Board Staff Report, July 17, 2006
LDR Amendment - In-Lieu Fee Increase
A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was
conducted. While the In-Lieu of Parking Fee Program is not specifically mentioned in the
Comprehensive Plan, it is not inconsistent with the stated Goals, Objectives and Policies of the
plan.
Parkina Manaaement Advisory Board (PMAB): At its meetings of May 23,2006 and June 27,
2006, while lacking a quorum at both meetings, the Board forwarded a consensus
recommending a 30% increase in Areas 1, 2, and 3 with no increase imposed in Area 4.
Furthermore it was recommended staff conduct annual reviews of the in-lieu fees. This would
result in a per space increase in Area 1 from $14,000 to $18,200; Area 2 from $12,000 to
$15,600; Area 3 from $6,000 to $7,800 with Area 4 remaining at $4,000
Community Redevelopment Aaency (CRA): At its meeting of June 22, 2006, the Board
unanimously recommended approval of the PMAB recommendation.
Downtown Development Authority (DDA): At its meeting of June 12,2006, the Board in a 3-1
vote (Sheremeta dissenting) recommended no increase to the in-lieu fees at this time with a
recommendation for Staff to conduct another review in one (1) year.
West Atlantic Redevelopment Coalition (WARC): At its meeting of June 15, 2006, the Board
unanimously recommended approval of the PMAB recommendation.
Pineapple Grove Main Street Board: At its meeting of June 7, 2006, the Board, while lacking a
quorum, unanimously forwarded a consensus concurring with the PMAB recommendation.
By motion, recommend approval of the proposed ordinance to increase in-lieu fees 30% in
Areas 1, 2 and 3 and conducting annual reviews by adopting the findings of fact and law
contained in the staff report, and finding that the proposed ordinance, and approval thereof, is
consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(M) of
the Land Development Regulations.
Attachment: Proposed Ordinance
4